-CITE-
23 USC CHAPTER 1 - FEDERAL-AID HIGHWAYS 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-MISC1-
Sec.
101 Definitions and declaration of policy.
102. Program efficiencies.
103. Federal-aid systems.
104. Apportionment.
105. Equity bonus program.
106. Project approval and oversight.
107. Acquisition of rights-of-way - Interstate System.
108. Advance acquisition of real property.
109. Standards.
110. Revenue aligned budget authority.
111. Agreements relating to use of and access to
rights-of-way - Interstate System.
112. Letting of contracts.
113. Prevailing rate of wage.
114. Construction.
115. Advance construction.
116. Maintenance.
117. High priority projects program.
118. Availability of funds.
119. Interstate maintenance program.
120. Federal share payable.
121. Payment to States for construction.
122. Payments to States for bond and other debt instrument
financing.
123. Relocation of utility facilities.
124. Advances to States.
125. Emergency relief.
126. Uniform transferability of Federal-aid highway funds.
127. Vehicle weight limitations - Interstate System.
128. Public hearings.
129. Toll roads, bridges, tunnels, and ferries.
130. Railway-highway crossings.
131. Control of outdoor advertising.
132. Payments on Federal-aid projects undertaken by a
Federal agency.
133. Surface transportation program.
134. Metropolitan transportation planning.
135. Statewide transportation planning.
136. Control of junkyards.
137. Fringe and corridor parking facilities.
138. Preservation of parklands.
139. Efficient environmental reviews for project
decisionmaking.
140 Nondiscrimination.
141. Enforcement of requirements.
142. Public transportation.
143. Highway use tax evasion projects.
144. Highway bridge program.
145. Federal-State relationship.
146. Carpool and vanpool projects.
147. Construction of ferry boats and ferry terminal
facilities.
148. Highway safety improvement program.
149. Congestion mitigation and air quality improvement
program.
[150. Repealed.]
151. National bridge inspection program.
152. Hazard elimination program.
153. Use of safety belts and motorcycle helmets.
154. Open container requirements.
155. Access highways to public recreation areas on certain
lakes.
156. Proceeds from the sale or lease of real property.
157. Safety incentive grants for use of seat belts.
158. National minimum drinking age.
159. Revocation or suspension of drivers' licenses of
individuals convicted of drug offenses.
160. Reimbursement for segments of the Interstate System
constructed without Federal assistance.
161. Operation of motor vehicles by intoxicated minors.
162. National scenic byways program.
163. Safety incentives to prevent operation of motor
vehicles by intoxicated persons.
164. Minimum penalties for repeat offenders for driving
while intoxicated or driving under the influence.
165. Puerto Rico highway program.
166. HOV facilities.
AMENDMENTS
2008 - Pub. L. 110-244, title I, Sec. 101(m)(3)(C), June 6, 2008,
122 Stat. 1576, struck out "replacement and rehabilitation" after
"Highway bridge" in item 144.
2005 - Pub. L. 109-59, title I, Sec. 1801(b), title VI, Sec.
6002(c), Aug. 10, 2005, 119 Stat. 1456, 1865, which directed
amendment of the analysis for "such subchapter" by adding items 139
and 147 and by striking out former item 147 "Priority primary
routes", was executed by making the amendment to the analysis for
this chapter which did not contain subchapters to reflect the
probable intent of Congress and the amendment by Pub. L. 109-59,
Sec. 1602(e)(1). See below.
Pub. L. 109-59, title I, Sec. 1602(b)(6)(A), (e)(1), Aug. 10,
2005, 119 Stat. 1247, before item 101, struck out item for
subchapter I "GENERAL PROVISIONS", and at end, struck out item for
subchapter II "INFRASTRUCTURE FINANCE", items 181 "Definitions",
182 "Determination of eligibility and project selection", 183
"Secured loans", 184 "Lines of credit", 185 "Program
administration", 186 "State and local permits", 187 "Regulations",
188 "Funding", and 189 "Report to Congress", and subchapter I
heading "GENERAL PROVISIONS".
Pub. L. 109-59, title I, Secs. 1104(b), 1120(b), 1121(b)(2),
1401(a)(2), 1601(i), title VI, Sec. 6001(c), Aug. 10, 2005, 119
Stat. 1165, 1192, 1196, 1225, 1243, 1857, added items 105, 134,
135, 148, 165, 166, and 185 and struck out former items 105
"Minimum guarantee", 134 "Metropolitan planning", 135 "Statewide
planning", 148 "Development of a national scenic and recreational
highway", and 185 "Project servicing".
1999 - Pub. L. 106-159, title I, Sec. 102(b), Dec. 9, 1999, 113
Stat. 1753, struck out item 110 "Uniform transferability of Federal-
aid highway funds", added item 126, and made technical amendment
to item 163.
1998 - Pub. L. 105-178, title I, Secs. 1103(l)(5), 1226(d),
1405(b), 1406(b), as added by Pub. L. 105-206, title IX, Secs.
9002(c)(1), 9003(a), 9005(a), July 22, 1998, 112 Stat. 834, 837,
843, struck out item 126 "Diversion" and item 150 "Allocation of
urban system funds", and added items 154 and 164.
Pub. L. 105-178, title I, Secs. 1104(b), 1105(b), 1106(c)(2)(A),
1114(b)(1), 1203(n), 1219(b), 1301(d)(2), 1303(b), 1305(d),
1310(b), 1403(b), 1404(b), 1503(b), 1601(c), June 9, 1998, 112
Stat. 129, 131, 136, 154, 179, 221, 226, 227, 229, 235, 240, 241,
250, 256, added item for subchapter I, substituted "Minimum
guarantee" for "Programs" in item 105, "Project approval and
oversight" for "Plans, specifications, and estimates" in item 106,
"Advance acquisition of real property" for "Advance acquisition of
rights-of-way" in item 108, and "Revenue aligned budget authority"
for "Project agreements" in item 110, added item 110 relating to
uniform transferability of Federal-aid highway funds, substituted
"High priority projects program" for "Certification acceptance" in
item 117, made technical amendment to item 134, struck out item 139
"Additions to Interstate System", substituted "Highway use tax
evasion projects" for "Economic growth center development highways"
in item 143, "Proceeds from the sale or lease of real property" for
"Income from airspace rights-of-way" in item 156, and "Safety
incentive grants for use of seat belts" for "Minimum allocation" in
item 157, added items 162 and 163, item for subchapter II, and
items 181 to 189, and added subchapter I heading before section
101.
1995 - Pub. L. 104-59, title II, Sec. 205(d)(2), title III, Secs.
311(c), 320(b), Nov. 28, 1995, 109 Stat. 577, 584, 590, substituted
"Payments" for "Payment" and "and other debt instrument financing"
for "retirement" in item 122, struck out item 154 "National maximum
speed limit", and added item 161.
1991 - Pub. L. 102-240, title I, Secs. 1007(a)(2), 1008(c),
1009(e)(2), 1014(b), 1016(f)(3), 1024(c)(1), 1025(b), 1031(a)(2),
Dec. 18, 1991, 105 Stat. 1930, 1933, 1934, 1942, 1946, 1962, 1965,
1973, substituted "Program efficiencies" for "Authorizations" in
item 102, substituted "maintenance program" for "System
resurfacing" in item 119, added item 133, substituted "Metropolitan
planning" for "Transportation planning in certain urban areas" in
item 134, substituted "Statewide planning" for "Traffic operations
improvement programs" in item 135, substituted "Congestion
mitigation and air quality improvement program" for "Truck lanes"
in item 149, and added items 153 and 160.
Pub. L. 102-143, title III, Sec. 333(b), (c), Oct. 28, 1991, 105
Stat. 947, added item 159 and repealed Pub. L. 101-516, Sec.
333(b), which added former item 159. See 1990 Amendment note below.
1990 - Pub. L. 101-516, title III, Sec. 333(b), Nov. 5, 1990, 104
Stat. 2186, which added item 159, was repealed by Pub. L. 102-143,
title III, Sec. 333(c), Oct. 28, 1991, 105 Stat. 947. Section
333(d) of Pub. L. 102-143 provided that the amendments made by
section 333 of Pub. L. 101-516 shall be treated as having not been
enacted into law.
1987 - Pub. L. 100-17, title I, Secs. 113(d)(2), 114(e)(5),
125(b)(1), 126(b), 133(b)(1), Apr. 2, 1987, 101 Stat. 150, 153,
167, 171, substituted "Advance construction" for "Construction by
States in advance of apportionment" in item 115, and "Availability
of funds" for "Availability of sums apportioned" in item 118,
struck out "and width" after "Vehicle weight" in item 127,
substituted "Carpool and vanpool projects" for identical words in
item 146, "National bridge inspection program" for "Pavement
marking demonstration program" in item 151, and "Income from
airspace rights-of-way" for "Highways crossing Federal projects" in
item 156.
1984 - Pub. L. 98-363, Sec. 6(b), July 17, 1984, 98 Stat. 437,
added item 158.
1983 - Pub. L. 97-424, title I, Sec. 119(c), Jan. 6, 1983, 96
Stat. 2111, substituted "Nondiscrimination" for "Equal employment
opportunity" in item 140.
Pub. L. 97-424, title I, Sec. 150(b), Jan. 6, 1983, 96 Stat.
2132, added item 157.
1978 - Pub. L. 95-599, Secs. 116(c), 124(b), 168(c), Nov. 6,
1978, 92 Stat. 2699, 2705, 2723, substituted "Interstate System
resurfacing" for "Repealed" in item 119, "Highway bridge
replacement and rehabilitation program" for "Special bridge
replacement program" in item 144, "Hazard elimination program" for
"Projects for high-hazard locations" in item 152, and "Repealed"
for "Program for the elimination of roadside obstacles" in item
153.
1976 - Pub. L. 94-280, title I, Secs. 123(b), 128(b), 132(b),
139, May 5, 1976, 90 Stat. 439-441, 443, substituted item 135
"Traffic operations improvement programs" for "Urban area traffic
operations improvement programs"; substituted item 146 "Repealed"
for "Special urban high density traffic programs"; added item 156
"Highways crossing Federal projects"; and substituted item lll
"Agreements relating to use of and access to rights-of-way -
Interstate System" for "Use of and access to rights-of-way -
Interstate System" and substituted items 119 and 133 "Repealed" for
"Administration of Federal-aid for highways in Alaska" and
"Relocation assistance", respectively.
1975 - Pub. L. 93-643, Secs. 107(b), 114(b), 115(b), Jan. 4,
1975, 88 Stat. 2284, 2286, 2287, substituted item 141 reading
"Enforcement of requirements" for prior text reading "Real property
acquisition policies", and added items 154 and 155.
1973 - Pub. L. 93-87, title I, Secs. 116(b), 121(b), 123(b),
125(b), 126(b), 129(c), 142(b), 157(b), title II, Secs. 205(b),
209(b), 210(b), Aug. 13, 1973, 87 Stat. 258, 261, 263, 264, 266,
272, 278, 285, 287, 288, substituted "Certification acceptance" for
"Secondary road responsibilities" in item 117, "Public
transportation" for "Urban highway public transportation" in item
142, and added items 145 to 153.
1970 - Pub. L. 91-605, title I, Secs. 111(b), 127(b), 134(b),
title II, Sec. 204(b), Dec. 31, 1970, 84 Stat. 1720, 1731, 1734,
1742, added items 142, 143, 144, and substituted "Fringe and
corridor parking facilities" for "Limitation on authorization of
appropriations for certain purposes" in item 137.
1968 - Pub. L. 90-495, Secs. 10(b), 12(b), 16(b), 22(b), 25(c),
35(b), Aug. 23, 1968, 82 Stat. 820, 822, 823, 827, 829, 836, added
items 135, 139, 140, and 141 and substituted "Prevailing rate of
wage" for "Prevailing rate of wage - Interstate System" in item 113
and "Construction by States in advance of apportionment" for
"Construction by States in advance of apportionment - Interstate
System" in item 115.
1966 - Pub. L. 89-574, Secs. 8(c)(2), 15(b), Sept. 13, 1966, 80
Stat. 769, 771, added items 137 and 138.
Pub. L. 89-564, title I, Sec. 102(b)(1), Sept. 9, 1966, 80 Stat.
734, struck out item 135 relating to highway safety programs.
1965 - Pub. L. 89-285, title I, Sec. 102, title II, Sec. 202,
Oct. 22, 1965, 79 Stat. 1030, 1032, substituted "Control of outdoor
advertising" for "Areas adjacent to the Interstate System" in item
131, and added item 136.
Pub. L. 89-139, Sec. 4(b), Aug. 28, 1965, 79 Stat. 579, added
item 135.
1962 - Pub. L. 87-866, Secs. 5(b), 9(b), Oct. 23, 1962, 76 Stat.
1147, 1148, added items 133 and 134.
1960 - Pub. L. 86-657, Secs. 4(b), 5(b), July 14, 1960, 74 Stat.
523, included ferries in item 129 and added item 132.
-End-
-CITE-
23 USC Sec. 101 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 101. Definitions and declaration of policy
-STATUTE-
(a) Definitions. - In this title, the following definitions
apply:
(1) Apportionment. - The term "apportionment" includes
unexpended apportionments made under prior authorization laws.
(2) Carpool project. - The term "carpool project" means any
project to encourage the use of carpools and vanpools, including
provision of carpooling opportunities to the elderly and
individuals with disabilities, systems for locating potential
riders and informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway lanes as
preferential carpool highway lanes, providing related traffic
control devices, and designating existing facilities for use for
preferential parking for carpools.
(3) Construction. - The term "construction" means the
supervising, inspecting, actual building, and incurrence of all
costs incidental to the construction or reconstruction of a
highway, including bond costs and other costs relating to the
issuance in accordance with section 122 of bonds or other debt
financing instruments and costs incurred by the State in
performing Federal-aid project related audits that directly
benefit the Federal-aid highway program. Such term includes -
(A) locating, surveying, and mapping (including the
establishment of temporary and permanent geodetic markers in
accordance with specifications of the National Oceanic and
Atmospheric Administration of the Department of Commerce);
(B) resurfacing, restoration, and rehabilitation;
(C) acquisition of rights-of-way;
(D) relocation assistance, acquisition of replacement housing
sites, and acquisition and rehabilitation, relocation, and
construction of replacement housing;
(E) elimination of hazards of railway grade crossings;
(F) elimination of roadside obstacles;
(G) improvements that directly facilitate and control traffic
flow, such as grade separation of intersections, widening of
lanes, channelization of traffic, traffic control systems, and
passenger loading and unloading areas; and
(H) capital improvements that directly facilitate an
effective vehicle weight enforcement program, such as scales
(fixed and portable), scale pits, scale installation, and scale
houses.
(4) County. - The term "county" includes corresponding units of
government under any other name in States that do not have county
organizations and, in those States in which the county government
does not have jurisdiction over highways, any local government
unit vested with jurisdiction over local highways.
(5) Federal-aid highway. - The term "Federal-aid highway" means
a highway eligible for assistance under this chapter other than a
highway classified as a local road or rural minor collector.
(6) Federal-aid system. - The term "Federal-aid system" means
any of the Federal-aid highway systems described in section 103.
(7) Federal lands highway. - The term "Federal lands highway"
means a forest highway, public lands highway, park road, parkway,
refuge road, and Indian reservation road that is a public road.
(8) Forest development roads and trails. - The term "forest
development roads and trails" means forest roads and trails under
the jurisdiction of the Forest Service.
(9) Forest highway. - The term "forest highway" means a forest
road under the jurisdiction of, and maintained by, a public
authority and open to public travel.
(10) Forest road or trail. - The term "forest road or trail"
means a road or trail wholly or partly within, or adjacent to,
and serving the National Forest System that is necessary for the
protection, administration, and utilization of the National
Forest System and the use and development of its resources.
(11) Highway. - The term "highway" includes -
(A) a road, street, and parkway;
(B) a right-of-way, bridge, railroad-highway crossing,
tunnel, drainage structure, sign, guardrail, and protective
structure, in connection with a highway; and
(C) a portion of any interstate or international bridge or
tunnel and the approaches thereto, the cost of which is assumed
by a State transportation department, including such facilities
as may be required by the United States Customs and Immigration
Services in connection with the operation of an international
bridge or tunnel.
(12) Indian reservation road. - The term "Indian reservation
road" means a public road that is located within or provides
access to an Indian reservation or Indian trust land or
restricted Indian land that is not subject to fee title
alienation without the approval of the Federal Government, or
Indian and Alaska Native villages, groups, or communities in
which Indians and Alaskan Natives reside, whom the Secretary of
the Interior has determined are eligible for services generally
available to Indians under Federal laws specifically applicable
to Indians.
(13) Interstate System. - The term "Interstate System" means
the Dwight D. Eisenhower National System of Interstate and
Defense Highways described in section 103(c).
(14) Maintenance. - The term "maintenance" means the
preservation of the entire highway, including surface, shoulders,
roadsides, structures, and such traffic-control devices as are
necessary for safe and efficient utilization of the highway.
(15) Maintenance area. - The term "maintenance area" means an
area that was designated as a nonattainment area, but was later
redesignated by the Administrator of the Environmental Protection
Agency as an attainment area, under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)).
(16) National Highway System. - The term "National Highway
System" means the Federal-aid highway system described in section
103(b).
(17) Operating costs for traffic monitoring, management, and
control. - The term "operating costs for traffic monitoring,
management, and control" includes labor costs, administrative
costs, costs of utilities and rent, and other costs associated
with the continuous operation of traffic control, such as
integrated traffic control systems, incident management programs,
and traffic control centers.
(18) Operational improvement. - The term "operational
improvement" -
(A) means (i) a capital improvement for installation of
traffic surveillance and control equipment, computerized signal
systems, motorist information systems, integrated traffic
control systems, incident management programs, and
transportation demand management facilities, strategies, and
programs, and (ii) such other capital improvements to public
roads as the Secretary may designate, by regulation; and
(B) does not include resurfacing, restoring, or
rehabilitating improvements, construction of additional lanes,
interchanges, and grade separations, and construction of a new
facility on a new location.
(19) Park road. - The term "park road" means a public road,
including a bridge built primarily for pedestrian use, but with
capacity for use by emergency vehicles, that is located within,
or provides access to, an area in the National Park System with
title and maintenance responsibilities vested in the United
States.
(20) Parkway. - The term "parkway", as used in chapter 2 of
this title, means a parkway authorized by Act of Congress on
lands to which title is vested in the United States.
(21) Project. - The term "project" means an undertaking to
construct a particular portion of a highway, or if the context so
implies, the particular portion of a highway so constructed or
any other undertaking eligible for assistance under this title.
(22) Project agreement. - The term "project agreement" means
the formal instrument to be executed by the State transportation
department and the Secretary as required by section 106.
(23) Public authority. - The term "public authority" means a
Federal, State, county, town, or township, Indian tribe,
municipal or other local government or instrumentality with
authority to finance, build, operate, or maintain toll or toll-
free facilities.
(24) Public lands development roads and trails. - The term
"public lands development roads and trails" means those roads and
trails that the Secretary of the Interior determines are of
primary importance for the development, protection,
administration, and utilization of public lands and resources
under the control of the Secretary of the Interior.
(25) Public lands highway. - The term "public lands highway"
means a forest road under the jurisdiction of and maintained by a
public authority and open to public travel or any highway through
unappropriated or unreserved public lands, nontaxable Indian
lands, or other Federal reservations under the jurisdiction of
and maintained by a public authority and open to public travel.
(26) Public lands highways. - The term "public lands highways"
means those main highways through unappropriated or unreserved
public lands, nontaxable Indian lands, or other Federal
reservations, which are on the Federal-aid systems.
(27) Public road. - The term "public road" means any road or
street under the jurisdiction of and maintained by a public
authority and open to public travel.
(28) Refuge road. - The term "refuge road" means a public road
that provides access to or within a unit of the National Wildlife
Refuge System and for which title and maintenance responsibility
is vested in the United States Government.
(29) Rural areas. - The term "rural areas" means all areas of a
State not included in urban areas.
(30) Safety improvement project. - The term "safety improvement
project" means a project that corrects or improves high hazard
locations, eliminates roadside obstacles, improves highway
signing and pavement marking, installs priority control systems
for emergency vehicles at signalized intersections, installs or
replaces emergency motorist aid call boxes, or installs traffic
control or warning devices at locations with high accident
potential.
(31) Secretary. - The term "Secretary" means Secretary of
Transportation.
(32) State. - The term "State" means any of the 50 States, the
District of Columbia, or Puerto Rico.
(33) State funds. - The term "State funds" includes funds
raised under the authority of the State or any political or other
subdivision thereof, and made available for expenditure under the
direct control of the State transportation department.
(34) State transportation department. - The term "State
transportation department" means that department, commission,
board, or official of any State charged by its laws with the
responsibility for highway construction.
(35) Transportation enhancement activity. - The term
"transportation enhancement activity" means, with respect to any
project or the area to be served by the project, any of the
following activities as the activities relate to surface
transportation:
(A) Provision of facilities for pedestrians and bicycles.
(B) Provision of safety and educational activities for
pedestrians and bicyclists.
(C) Acquisition of scenic easements and scenic or historic
sites (including historic battlefields).
(D) Scenic or historic highway programs (including the
provision of tourist and welcome center facilities).
(E) Landscaping and other scenic beautification.
(F) Historic preservation.
(G) Rehabilitation and operation of historic transportation
buildings, structures, or facilities (including historic
railroad facilities and canals).
(H) Preservation of abandoned railway corridors (including
the conversion and use of the corridors for pedestrian or
bicycle trails).
(I) Inventory, control, and removal of outdoor advertising.
(J) Archaeological planning and research.
(K) Environmental mitigation -
(i) to address water pollution due to highway runoff; or
(ii) (!1) reduce vehicle-caused wildlife mortality while
maintaining habitat connectivity.
(L) Establishment of transportation museums.
(36) Urban area. - The term "urban area" means an urbanized
area or, in the case of an urbanized area encompassing more than
one State, that part of the urbanized area in each such State, or
urban place as designated by the Bureau of the Census having a
population of 5,000 or more and not within any urbanized area,
within boundaries to be fixed by responsible State and local
officials in cooperation with each other, subject to approval by
the Secretary. Such boundaries shall encompass, at a minimum, the
entire urban place designated by the Bureau of the Census, except
in the case of cities in the State of Maine and in the State of
New Hampshire.
(37) Urbanized area. - The term "urbanized area" means an area
with a population of 50,000 or more designated by the Bureau of
the Census, within boundaries to be fixed by responsible State
and local officials in cooperation with each other, subject to
approval by the Secretary. Such boundaries shall encompass, at a
minimum, the entire urbanized area within a State as designated
by the Bureau of the Census.
(38) Advanced truck stop electrification system. - The term
"advanced truck stop electrification system" means a system that
delivers heat, air conditioning, electricity, or communications
to a heavy duty vehicle.
(39) Transportation systems management and operations. -
(A) In general. - The term "transportation systems management
and operations" means an integrated program to optimize the
performance of existing infrastructure through the
implementation of multimodal and intermodal, cross-
jurisdictional systems, services, and projects designed to
preserve capacity and improve security, safety, and reliability
of the transportation system.
(B) Inclusions. - The term "transportation systems management
and operations" includes -
(i) regional operations collaboration and coordination
activities between transportation and public safety agencies;
and
(ii) improvements to the transportation system, such as
traffic detection and surveillance, arterial management,
freeway management, demand management, work zone management,
emergency management, electronic toll collection, automated
enforcement, traffic incident management, roadway weather
management, traveler information services, commercial vehicle
operations, traffic control, freight management, and
coordination of highway, rail, transit, bicycle, and
pedestrian operations.
(b) Declaration of Policy. -
(1) Acceleration of construction of federal-aid highway
systems. - Congress declares that it is in the national interest
to accelerate the construction of Federal-aid highway systems,
including the Dwight D. Eisenhower National System of Interstate
and Defense,(!2) because many of the highways (or portions of the
highways) are inadequate to meet the needs of local and
interstate commerce for the national and civil defense.
(2) Completion of interstate system. - Congress declares that
the prompt and early completion of the Dwight D. Eisenhower
National System of Interstate and Defense Highways (referred to
in this section as the "Interstate System"), so named because of
its primary importance to the national defense, is essential to
the national interest. It is the intent of Congress that the
Interstate System be completed as nearly as practicable over the
period of availability of the forty years' appropriations
authorized for the purpose of expediting its construction,
reconstruction, or improvement, inclusive of necessary tunnels
and bridges, through the fiscal year ending September 30, 1996,
under section 108(b) of the Federal-Aid Highway Act of 1956 (70
Stat. 374), and that the entire system in all States be brought
to simultaneous completion. Insofar as possible in consonance
with this objective, existing highways located on an interstate
route shall be used to the extent that such use is practicable,
suitable, and feasible, it being the intent that local needs, to
the extent practicable, suitable, and feasible, shall be given
equal consideration with the needs of interstate commerce.
(3) Transportation needs of 21st century. - Congress declares
that -
(A) it is in the national interest to preserve and enhance
the surface transportation system to meet the needs of the
United States for the 21st Century;
(B) the current urban and long distance personal travel and
freight movement demands have surpassed the original forecasts
and travel demand patterns are expected to continue to change;
(C) continued planning for and investment in surface
transportation is critical to ensure the surface transportation
system adequately meets the changing travel demands of the
future;
(D) among the foremost needs that the surface transportation
system must meet to provide for a strong and vigorous national
economy are safe, efficient, and reliable -
(i) national and interregional personal mobility (including
personal mobility in rural and urban areas) and reduced
congestion;
(ii) flow of interstate and international commerce and
freight transportation; and
(iii) travel movements essential for national security;
(E) special emphasis should be devoted to providing safe and
efficient access for the type and size of commercial and
military vehicles that access designated National Highway
System intermodal freight terminals;
(F) the connection between land use and infrastructure is
significant;
(G) transportation should play a significant role in
promoting economic growth, improving the environment, and
sustaining the quality of life; and
(H) the Secretary should take appropriate actions to preserve
and enhance the Interstate System to meet the needs of the 21st
Century.
(c) It is the sense of Congress that under existing law no part
of any sums authorized to be appropriated for expenditure upon any
Federal-aid system which has been apportioned pursuant to the
provisions of this title shall be impounded or withheld from
obligation, for purposes and projects as provided in this title, by
any officer or employee in the executive branch of the Federal
Government, except such specific sums as may be determined by the
Secretary of the Treasury, after consultation with the Secretary of
Transportation, are necessary to be withheld from obligation for
specific periods of time to assure that sufficient amounts will be
available in the Highway Trust Fund to defray the expenditures
which will be required to be made from such fund.
(d) No funds authorized to be appropriated from the Highway Trust
Fund shall be expended by or on behalf of any Federal department,
agency, or instrumentality other than the Federal Highway
Administration unless funds for such expenditure are identified and
included as a line item in an appropriation Act and are to meet
obligations of the United States heretofore or hereafter incurred
under this title attributable to the construction of Federal-aid
highways or highway planning, research, or development, or as
otherwise specifically authorized to be appropriated from the
Highway Trust Fund by Federal-aid highway legislation.
(e) It is the national policy that to the maximum extent possible
the procedures to be utilized by the Secretary and all other
affected heads of Federal departments, agencies, and
instrumentalities for carrying out this title and any other
provision of law relating to the Federal highway programs shall
encourage the substantial minimization of paperwork and interagency
decision procedures and the best use of available manpower and
funds so as to prevent needless duplication and unnecessary delays
at all levels of government.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 885; Pub. L. 86-70, Sec.
21(e)(1), June 25, 1959, 73 Stat. 146; Pub. L. 86-624, Sec. 17(a),
July 12, 1960, 74 Stat. 415; Pub. L. 87-866, Sec. 6(a), Oct. 23,
1962, 76 Stat. 1147; Pub. L. 88-423, Sec. 3, Aug. 13, 1964, 78
Stat. 397; Pub. L. 89-574, Sec. 4(a), Sept. 13, 1966, 80 Stat. 767;
Pub. L. 90-495, Secs. 4(a), 8, 15, Aug. 23, 1968, 82 Stat. 816,
819, 822; Pub. L. 91-605, title I, Secs. 104(a), 106(a), 107,
117(d), 130, 141, Dec. 31, 1970, 84 Stat. 1714, 1716, 1718, 1724,
1732, 1737; Pub. L. 93-87, title I, Secs. 105, 106(a), 107, 108,
152(1), Aug. 13, 1973, 87 Stat. 253-255, 276; Pub. L. 93-643, Sec.
102(b), Jan. 4, 1975, 88 Stat. 2281; Pub. L. 94-280, title I, Secs.
107(a), 108, May 5, 1976, 90 Stat. 430, 431; Pub. L. 95-599, title
I, Sec. 106, Nov. 6, 1978, 92 Stat. 2693; Pub. L. 97-424, title I,
Secs. 126(c), 159, Jan. 6, 1983, 96 Stat. 2115, 2135; Pub. L. 100-
17, title I, Secs. 102(b)(3), 108, 109, 133(b)(2), (3), Apr. 2,
1987, 101 Stat. 135, 146, 171; Pub. L. 101-427, Oct. 15, 1990, 104
Stat. 927; Pub. L. 102-240, title I, Secs. 1001(g), 1005,
1006(g)(1), 1007(c), Dec. 18, 1991, 105 Stat. 1916, 1922, 1927,
1931; Pub. L. 104-59, title III, Secs. 301(b), 311(b), Nov. 28,
1995, 109 Stat. 578, 583; Pub. L. 105-178, title I, Sec. 1201, June
9, 1998, 112 Stat. 164; Pub. L. 109-59, title I, Secs. 1122,
1909(a), Aug. 10, 2005, 119 Stat. 1196, 1470; Pub. L. 110-244,
title I, Sec. 101(h), June 6, 2008, 122 Stat. 1574.)
-REFTEXT-
REFERENCES IN TEXT
Section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat.
374), referred to in subsec. (b)(2), is section 108(b) of act June
29, 1956, ch. 462, 70 Stat. 378, which is set out below.
-MISC1-
AMENDMENTS
2008 - Subsec. (a)(39). Pub. L. 110-244 added par. (39).
2005 - Subsec. (a)(35). Pub. L. 109-59, Sec. 1122(a), amended
heading and text of par. (35) generally, substituting introductory
provisions and subpars. (A) to (L) defining "Transportation
enhancement activity" for substantially identical undesignated
provisions defining "Transportation enhancement activities".
Subsec. (a)(38). Pub. L. 109-59, Sec. 1122(b), added par. (38).
Subsec. (b). Pub. L. 109-59, Sec. 1909(a), inserted subsec.
heading, substituted heading and text of par. (1) for first
undesignated par. relating to declaration that it was in the
national interest to accelerate the construction of the Federal-aid
highway systems, designated second undesignated par. as par. (2),
inserted heading, and substituted "Congress declares that the
prompt and early completion of the Dwight D. Eisenhower National
System of Interstate and Defense Highways (referred to in this
section as the 'Interstate System'), so named because of its
primary importance to the national defense, is essential to the
national interest" for "It is hereby declared that the prompt and
early completion of The Dwight D. Eisenhower System of Interstate
and Defense Highways, so named because of its primary importance to
the national defense and hereafter referred to as the 'Interstate
System', is essential to the national interest and is one of the
most important objectives of this Act", and substituted heading and
text of par. (3) for third undesignated par. relating to the
national policy that increased emphasis be placed on the
construction and reconstruction of the other Federal-aid systems.
1998 - Subsec. (a). Pub. L. 105-178 inserted heading and amended
text of subsec. (a) generally, alphabetizing, numbering, and
inserting headings for terms defined, inserting definitions of
"maintenance area" and "refuge road", and substituting definition
of "State transportation department" for definition of "State
highway department".
1995 - Subsec. (a). Pub. L. 104-59, Sec. 311(b), in first
sentence of definition of "construction", inserted "bond costs and
other costs relating to the issuance in accordance with section 122
of bonds or other debt financing instruments," after "highway,
including".
Pub. L. 104-59, Sec. 301(b)(1), in definition of "project",
inserted before period at end "or any other undertaking eligible
for assistance under this title".
Pub. L. 104-59, Sec. 301(b)(2), added provision defining
"operating costs for traffic monitoring, management, and control"
and struck out former provision defining "startup costs for traffic
management and control" which read as follows: "The term 'startup
costs for traffic management and control' means initial costs
(including labor costs, administration costs, cost of utilities,
and rent) for integrated traffic control systems, incident
management programs, and traffic control centers."
1991 - Subsec. (a). Pub. L. 102-240, Sec. 1006(g)(1), added
provision defining "Federal-aid highways" and struck out former
provision which read as follows: "The term 'Federal-aid highways'
means highways located on one of the Federal-aid systems described
in section 103 of this title."
Pub. L. 102-240, Sec. 1005(a), in definition of "highway safety
improvement project", inserted "installs priority control systems
for emergency vehicles at signalized intersections" after
"marking,".
Pub. L. 102-240, Sec. 1005(d)(3), in definition of "Indian
reservation roads", struck out ", including roads on the Federal-
aid systems," after "public roads".
Pub. L. 102-240, Sec. 1005(d)(4), in definition of "park road",
inserted ", including a bridge built primarily for pedestrian use,
but with capacity for use by emergency vehicles" before "that is
located".
Pub. L. 102-240, Sec. 1005(b), inserted provision defining
"urbanized area" and struck out former provision which read as
follows: "The term 'urbanized area' means an area so designated by
the Bureau of the Census, within boundaries to be fixed by
responsible State and local officials in cooperation with each
other, subject to approval by the Secretary. Such boundaries shall,
as a minimum, encompass the entire urbanized area within a State as
designated by the Bureau of the Census."
Pub. L. 102-240, Sec. 1005(c), inserted provision defining
"National Highway System" and struck out former provision defining
"Federal-aid primary system" which read as follows: "The term
'Federal-aid primary system' means the Federal-aid highway system
described in subsection (b) of section 103 of this title."
Pub. L. 102-240, Sec. 1005(d)(1), (2), struck out provisions
defining "Federal-aid secondary system" and "Federal-aid urban
system" which read as follows:
"The term 'Federal-aid secondary system' means the Federal-aid
highway system described in subsection (c) of section 103 of this
title.
"The term 'Federal-aid urban system' means the Federal-aid
highway system described in subsection (d) of section 103 of this
title."
Pub. L. 102-240, Sec. 1005(e), in definition of "Interstate
System", inserted "Dwight D. Eisenhower" before "National".
Pub. L. 102-240, Sec. 1005(g), inserted provisions defining
"start-up costs for traffic management and control", "carpool
project", "public authority" and "public lands highway".
Pub. L. 102-240, Sec. 1005(f), inserted provision defining
"operational improvement".
Pub. L. 102-240, Sec. 1007(c), inserted provision defining
"transportation enhancement activities".
Subsec. (b). Pub. L. 102-240, Sec. 1001(g), substituted "forty"
for "thirty-seven" and "1996" for "1993" in second par.
1990 - Subsec. (b). Pub. L. 101-427 substituted "The Dwight D.
Eisenhower System of Interstate and Defense Highways" for "the
National System of Interstate and Defense Highways" in first two
pars.
1987 - Subsec. (a). Pub. L. 100-17, Sec. 108, in definition of
"construction", inserted "elimination of roadside obstacles," after
"grade crossings,".
Pub. L. 100-17, Sec. 133(b)(2), substituted definition of "forest
road or trail" for "forest or trail".
Pub. L. 100-17, Sec. 109, in definition of "highway safety
improvement project", inserted "installs or replaces emergency
motorist-aid call boxes," after "pavement marking,".
Pub. L. 100-17, Sec. 133(b)(3), amended definition of "park road"
generally. Prior to amendment, definition read as follows: "The
term 'park road' means a public road that is located within or
provides access to an area in the national park system."
Subsec. (b). Pub. L. 100-17, Sec. 102(b)(3), substituted "thirty-
seven years' " for "thirty-four years' " and "1993" for "1990" in
second par.
1983 - Subsec. (a). Pub. L. 97-424, Sec. 126(c)(1), substituted
provision that "park road" means a public road that is located
within or provides access to an area in the national park system,
for provision that "park roads and trails" means those roads or
trails, including the necessary bridges, located in national parks
or monuments, now or hereafter established, or in other areas
administered by the National Park Service of the Department of the
Interior (excluding parkways authorized by Acts of Congress) and
also including approach roads to national parks or monuments
authorized by the Act of January 31, 1931 (46 Stat. 1053), as
amended.
Pub. L. 97-424, Sec. 126(c)(2), substituted "The term 'Indian
reservation roads' means public roads, including roads" for "The
term 'Indian reservation roads and bridges' means roads and
bridges, including roads and bridges" before "on the Federal-aid
systems".
Pub. L. 97-424, Sec. 126(c)(3), inserted provision defining
"Federal lands highways".
Pub. L. 97-424, Sec. 159, in definition of "construction",
inserted provision that it also includes costs incurred by the
State in performing Federal-aid project related audits which
directly benefit the Federal-aid highway program.
1978 - Subsec. (a). Pub. L. 95-599, Sec. 106(a), in definition of
"construction" inserted provision relating to capital improvements.
Pub. L. 95-599, Sec. 106(b)(1), in definition of "forest road or
trail", inserted provisions requiring contingency or service to the
National Forest System and necessity for the protection,
administration, and utilization thereof.
Pub. L. 95-599, Sec. 106(b)(2), defined "forest development roads
or trails" in terms of a forest road or trail under the
jurisdiction of the Forest Service rather than in terms of a forest
road or trail of primary importance for the protection,
administration, and utilization of the national forest or other
areas under the jurisdiction of the Forest Service.
Pub. L. 95-599, Sec. 106(b)(3), defined "forest highway" in terms
of a forest road under the jurisdiction of, and maintained by, a
public authority and open to public travel rather than in terms of
a forest road which is of primary importance to the States,
counties, or communities contingent to national forests and which
is a Federal-aid system.
Pub. L. 95-599, Sec. 106(b)(4), inserted definition of "highway
safety improvement project".
1976 - Subsec. (a). Pub. L. 94-280, Sec. 108, defined
"construction" to include resurfacing, restoration, and
rehabilitation and "urban area" to exclude cities in the States of
Maine and New Hampshire and inserted definition of "public road".
Subsec. (b). Pub. L. 94-280, Sec. 107(a), substituted provision
for completion of the Interstate System over a thirty-four year
period, through the fiscal year ending September 30, 1990, for a
prior provision for such completion over a twenty-three period,
through the fiscal year ending June 30, 1979.
1975 - Subsec. (a). Pub. L. 93-643 defined "Indian reservation
roads and bridges" to include roads and bridges on the Federal-aid
systems.
1973 - Subsec. (a). Pub. L. 93-87, Sec. 105(1), in definition of
"construction", substituted "National Oceanic and Atmospheric
Administration" for "Coast and Geodetic Survey" and extended
definition to include improvements which directly facilitate and
control traffic flow, such as grade separation of intersections,
widening of lanes, channelization of traffic, traffic control
systems, and passenger loading and unloading areas.
Pub. L. 93-87, Sec. 105(3), in definition of "Indian reservation
roads and bridges", substituted "approval of the Federal
Government, or Indian and Alaska Native villages, groups, or
communities in which Indians and Alaskan Natives reside, whom the
Secretary of the Interior has determined are eligible for services
generally available to Indians under Federal laws specifically
applicable to Indians" for "approval of the Federal Government on
which Indians reside whom the Secretary of the Interior has
determined to be eligible for services generally available to
Indians under Federal laws specifically applicable to Indians".
Pub. L. 93-87, Sec. 152(1), in definition of "Secretary",
substituted "Secretary of Transportation" for "Secretary of
Commerce".
Pub. L. 93-87, Sec. 105(4), in definition of "urbanized area",
provided for boundaries of the "urbanized area" to be fixed by
responsible State and local officials in cooperation with each
other, subject to approval by the Secretary, and required such
boundaries, as a minimum, to encompass the entire urbanized area
within a State as designated by the Bureau of the Census.
Pub. L. 93-87, Sec. 105(2), in definition of "urban area",
substituted "an urbanized area or, in the case of an urbanized area
encompassing more than one State, that part of the urbanized area
in each such State, or an urban place as designated by the Bureau
of the Census having a population of five thousand or more and not
within any urbanized area, within boundaries to be fixed by
responsible State and local officials in cooperation with each
other, subject to approval by the Secretary" for "an area including
and adjacent to a municipality or other urban place having a
population of five thousand or more, as determined by the latest
available Federal census, within boundaries to be fixed by a State
highway department subject to the approval of the Secretary", and
required such boundaries, as a minimum, to encompass the entire
urban place designated by the Bureau of the Census.
Subsec. (b). Pub. L. 93-87, Secs. 106(a), 107, extended time for
completion of the National System of Interstate and Defense
Highways, substituting in second par. "twenty-three years" and
"June 30, 1979" for "twenty years" and "June 30, 1976", and
inserted third par. declaratory of national policy, since the
Interstate System is now in the final phase of completion, that
increased emphasis be placed on the construction and reconstruction
of the other Federal-aid systems in accordance with the first par.
of subsec. (b), in order to bring all of the Federal-aid systems up
to standards and to increase the safety of these systems to the
maximum extent.
Subsec. (e). Pub. L. 93-87, Sec. 108, added subsec. (e).
1970 - Subsec. (a). Pub. L. 91-605, Secs. 106(a), 117(d), 130,
141, inserted definitions of "urbanized area" and "Federal-aid
urban system", substituted "subsection (e)" for "subsection (d)" in
definition of "Interstate System", included within the costs of
construction, under the definition of "construction", relocation
assistance, acquisition of replacement housing sites, acquisition,
and rehabilitation, relocation, and construction of replacement
housing, and substituted "acquisition" for "costs" of rights-of-
way, broadened definition of "Indian reservation roads and
bridges" to include roads and bridges on State controlled Indian
reservations, trust lands, and restricted Indian lands, a well as
roads and bridges on such lands under Federal control, and inserted
in definitions of "forest highway" and "public lands highways"
provisions to ensure that these highways be on the Federal-aid
systems.
Subsec. (b). Pub. L. 91-605, Sec. 104(a), substituted "twenty
years" for "eighteen years" and "June 30, 1976" for "June 30,
1974".
Subsec. (c). Pub. L. 91-605, Sec. 107, substituted "any officer
or employee in the executive branch of the Federal Government" for
"any officer or employee of any department, agency, or
instrumentality of the executive branch of the Federal Government"
and "Highway Trust Fund" for "highway trust fund".
Subsec. (d). Pub. L. 91-605, Sec. 107, substituted provisions
prohibiting expenditure of funds from the Highway Trust Fund by any
department other than the Federal Highway Administration unless
these funds are identified and included as a line item in an
appropriation Act and are to meet obligations incurred under this
title attributable to the construction of Federal aid highways or
for planning, research, or development, or as otherwise
specifically authorized to be appropriated from the Highway Trust
Fund by Federal-aid highway legislation for provisions expressing
essentially the same prohibitions but permitting expenditures to
meet obligations incurred under this title attributable to Federal-
aid highways, and contracted for in accordance with the Act of
March 4, 1915, as amended [section 686 of Title 31, Money and
Finance], relating to work or services not usually performed by the
Federal Highway Administration, or relating to the furnishing of
materials, supplies or equipment, and expenditures specifically
identified in the budget and included in an appropriation Act.
1968 - Subsec. (a). Pub. L. 90-495, Sec. 8, inserted "and other
areas administered by the Forest Service" after "national forests"
and "national forest" in definitions of "forest road or trail" and
"forest development roads and trails".
Subsec. (b). Pub. L. 90-495, Sec. 4(a), substituted a reference
to "eighteen years' appropriation" for reference to "sixteen years'
appropriation" and substituted "June 30, 1974" for "June 30, 1972".
Subsecs. (c), (d). Pub. L. 90-495, Sec. 15, added subsecs. (c)
and (d).
1966 - Subsec. (b). Pub. L. 89-574 substituted a reference to
"sixteen years' appropriation" for reference to "fifteen years'
appropriation" and substituted "June 30, 1972" for "June 30, 1971".
1964 - Subsec. (b). Pub. L. 88-423 substituted "fifteen years"
for "thirteen years" and "June 30, 1971" for "June 30, 1969".
1962 - Subsec. (a). Pub. L. 87-866 inserted definition of "public
lands development roads and trails".
1960 - Subsec. (a). Pub. L. 86-624 substituted "fifty States, the
District of Columbia, or Puerto Rico" for "forty-nine States, the
District of Columbia, Hawaii, or Puerto Rico" in definition of
"State".
1959 - Subsec. (a). Pub. L. 86-70 substituted "forty-nine States,
the District of Columbia, Hawaii" for "forty-eight States, the
District of Columbia, Hawaii, Alaska" in definition of "State".
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110-244, title I, Sec. 121(a), (b), June 6, 2008, 122
Stat. 1608, provided that:
"(a) In General. - Except as otherwise provided in this Act
(including subsection (b)), this Act [see Tables for
classification] and the amendments made by this Act take effect on
the date of enactment of this Act [June 6, 2008].
"(b) Exception. -
"(1) In general. - The amendments made by this Act (other than
the amendments made by sections 101(g), 101(m)(1)(H) [amending
section 144 of this title, not Pub. L. 109-59], 103, 105, 109,
and 201(o)) to the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109-59;
119 Stat. 1144) shall -
"(A) take effect as of the date of enactment of that Act
[Aug. 10, 2005]; and
"(B) be treated as being included in that Act as of that
date.
"(2) Effect of amendments. - Each provision of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1144) (including
the amendments made by that Act) (as in effect on the day before
the date of enactment of this Act [June 6, 2008]) that is amended
by this Act (other than sections 101(g), 101(m)(1)(H), 103, 105,
109, and 201(o)) shall be treated as not being enacted."
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-206, title IX, Sec. 9016, July 22, 1998, 112 Stat.
868, provided that: "This title [see Tables for classification] and
the amendments made by this title shall take effect simultaneously
with the enactment of the Transportation Equity Act for the 21st
Century [Pub. L. 105-178]. For purposes of all Federal laws, the
amendments made by this title shall be treated as being included in
the Transportation Equity Act for the 21st Century at the time of
the enactment of such Act [June 9, 1998], and the provisions of
such Act (including the amendments made by such Act) (as in effect
on the day before the date of enactment of this Act [July 22,
1998]) that are amended by this title shall be treated as not being
enacted."
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Section 147 of Pub. L. 91-605 provided that: "The amendments made
by section 117 [enacting section 510 of this title, amending this
section, and renumbering sections 511 and 512 of this title], 120
[amending provisions set out as a note under section 502 of this
title], and 137 of this Act [amending section 506 of this title]
shall not take effect if before the effective date of this Act
[Dec. 31, 1970] the Uniform Relocation Assistance and Land
Acquisition Policies Act of 1970 has been enacted into law." The
Uniform Relocation Assistance and Land Acquisition Policies Act of
1970, enacted as Pub. L. 91-646, 84 Stat. 1894, was approved Jan.
2, 1971, whereas this Act (Title I of Pub. L. 91-605) was approved
Dec. 31, 1970, therefore the amendments made by sections 117, 120,
and 137 of Title I of Pub. L. 91-605 took effect.
EFFECTIVE DATE OF 1968 AMENDMENT
Section 37 of Pub. L. 90-495, as amended by Pub. L. 91-605, title
I, Sec. 120, Dec. 31, 1970, 84 Stat. 1725, provided that:
"(a) Except as otherwise provided in subsection (b) of this
section, this Act and the amendments made by this Act [enacting
sections 135, 139, 140, 141, and 501 to 511 of this title, amending
this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125,
128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title,
section 636 of Title 15, Commerce and Trade, and section 1653 of
former Title 49, Transportation, repealing section 133 of this
title, enacting provisions set out as notes under this section and
sections 104, 108, 125, 134, 501, 502, and 510 of this title] shall
take effect on the date of its enactment [Aug. 23, 1968], except
that until July 1, 1970, sections 502, 505, 506, 507, and 508 of
title 23, United States Code, as added by this Act, shall be
applicable to a State only to the extent that such State is able
under its laws to comply with such sections. Except as otherwise
provided in subsection (b) of this section, after July 1, 1970,
such sections shall be completely applicable to all States. Section
133 of title 23, United States Code, shall not apply to any State
if sections 502, 505, 506, 507, and 508 of title 23, United States
Code, are applicable in that State, and effective July 1, 1970,
such section 133 is repealed.
"(b) In the case of any State (1) which is required to amend its
constitution to comply with sections 502, 505, 506, 507, and 508 of
title 23, United States Code, and (2) which cannot submit the
required constitutional amendment for ratification prior to July 1,
1970, the date of July 1, 1970, contained in subsection (a) of this
section shall be extended to July 1, 1972."
EFFECTIVE DATE OF 1959 AMENDMENT
Section 21(e) of Pub. L. 86-70 provided that the amendments made
by that section (amending this section and sections 104, 116, and
120 of this title) are effective July 1, 1959.
SHORT TITLE OF 2011 AMENDMENT
Pub. L. 112-30, Sec. 1(a), Sept. 16, 2011, 125 Stat. 342,
provided that: "This Act [amending sections 405 and 410 of this
title, sections 460l-11 and 777c of Title 16, Conservation,
sections 4041, 4051, 4071, 4081, 4221, 4261, 4271, 4481 to 4483,
6412, 9502 to 9504, and 9508 of Title 26, Internal Revenue Code,
and sections 106, 5305, 5307, 5309, 5311, 5337, 5338, 31104, 31144,
40117, 41742, 41743, 44302, 44303, 47104, 47107, 47115, 47141,
48101 to 48103, and 49108 of Title 49, Transportation, enacting
provisions set out as notes under this section, section 460l-11 of
Title 16, and sections 1, 4081, 9502, and 9503 of Title 26, and
amending provisions set out as notes under sections 402, 403, and
405 of this title and sections 5309, 5310, 5338, 14710, 31100,
31301, 41731, and 47109 of Title 49] may be cited as the 'Surface
and Air Transportation Programs Extension Act of 2011'."
Pub. L. 112-30, title I, Sec. 101, Sept. 16, 2011, 125 Stat. 343,
provided that: "This title [amending sections 405 and 410 of this
title, sections 460l-11 and 777c of Title 16, Conservation,
sections 4041, 4051, 4071, 4081, 4221, 4481 to 4483, 6412, 9503,
9504, and 9508 of Title 26, Internal Revenue Code, and sections
5305, 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of Title 49,
Transportation, enacting provisions set out as notes under section
460l-11 of Title 16 and section 9503 of Title 26, and amending
provisions set out as notes under sections 402, 403, and 405 of
this title and sections 5309, 5310, 5338, 14710, 31100, and 31301
of Title 49] may be cited as the 'Surface Transportation Extension
Act of 2011, Part II'."
Pub. L. 112-5, Sec. 1(a), Mar. 4, 2011, 125 Stat. 14, provided
that: "This Act [amending section 777c of Title 16, Conservation,
sections 9503 and 9504 of Title 26, Internal Revenue Code, and
sections 5305, 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of
Title 49, Transportation, enacting provisions set out as a note
under section 9503 of Title 26, and amending provisions set out as
notes under section 901 of Title 2, The Congress, and sections
5309, 5310, 5338, 14710, 31309, 31100, 31301, and 31100 of Title
49] may be cited as the 'Surface Transportation Extension Act of
2011'."
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111-322, title II, Sec. 2001(a), Dec. 22, 2010, 124 Stat.
3522, provided that: "This title [amending sections 327 and 510 of
this title, section 777c of Title 16, Conservation, sections 9503
and 9504 of Title 26, Internal Revenue Code, and sections 5305,
5307, 5309, 5311, 5337, 5338, 31104, and 31144 of Title 49,
Transportation, enacting provisions set out as a note under section
9503 of Title 26, and amending provisions set out as notes under
section 901 of Title 2, The Congress, and sections 5309, 5310,
5338, 14710, 31100, 31301, and 31309 of Title 49] may be cited as
the 'Surface Transportation Extension Act of 2010, Part II'."
Pub. L. 111-147, title IV, Sec. 401, Mar. 18, 2010, 124 Stat. 78,
provided that: "This title [amending sections 405 and 410 of this
title, section 777c of Title 16, Conservation, sections 9502 to
9504 of Title 26, Internal Revenue Code, and sections 5305, 5307,
5309, 5311, 5337, 5338, 31104, and 31144 of Title 49,
Transportation, enacting provisions set out as notes under this
section and sections 9502 and 9503 of Title 26, and amending
provisions set out as notes under sections 402, 403, and 405 of
this title, section 901 of Title 2, The Congress, and sections
5309, 5310, 5338, 14710, 31100, 31301, and 31309 of Title 49] may
be cited as the 'Surface Transportation Extension Act of 2010'."
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110-244, Sec. 1(a), June 6, 2008, 122 Stat. 1572,
provided that: "This Act [see Tables for classification] may be
cited as the 'SAFETEA-LU Technical Corrections Act of 2008'."
SHORT TITLE OF 2005 AMENDMENTS
Pub. L. 109-59, Sec. 1(a), Aug. 10, 2005, 119 Stat. 1144,
provided that: "This Act [see Tables for classification] may be
cited as the 'Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users' or 'SAFETEA-LU'."
Pub. L. 109-42, Sec. 1, July 30, 2005, 119 Stat. 435, provided
that: "This Act [amending section 9503 and 9504 of Title 26,
Internal Revenue Code, and section 5338 of Title 49,
Transportation, enacting provisions set out as a note under section
9503 of Title 26, and amending provisions set out as a note under
section 104 of this title] may be cited as the 'Surface
Transportation Extension Act of 2005, Part VI'."
Pub. L. 109-40, Sec. 1, July 28, 2005, 119 Stat. 410, provided
that: "This Act [amending sections 144, 157, 163, and 188 of this
title, section 777c of Title 16, Conservation, sections 9503 and
9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
49, Transportation, enacting provisions set out as a note under
section 9503 of Title 26, and amending provisions set out as notes
under this section, sections 104, 322, and 402 of this title, and
sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as
the 'Surface Transportation Extension Act of 2005, Part V'."
Pub. L. 109-37, Sec. 1, July 22, 2005, 119 Stat. 394, provided
that: "This Act [amending sections 144, 157, 163, and 188 of this
title, section 777c of Title 16, Conservation, sections 9503 and
9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
49, Transportation, enacting provisions set out as a note under
section 9503 of Title 26, and amending provisions set out as notes
under this section, sections 104, 322, and 402 of this title, and
sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as
the 'Surface Transportation Extension Act of 2005, Part IV'."
Pub. L. 109-35, Sec. 1, July 20, 2005, 119 Stat. 379, provided
that: "This Act [amending sections 144, 157, 163, and 188 of this
title, section 777c of Title 16, Conservation, sections 9503 and
9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
49, Transportation, enacting provisions set out as a note under
section 9503 of Title 26, and amending provisions set out as notes
under this section, sections 104, 322, and 402 of this title, and
sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as
the 'Surface Transportation Extension Act of 2005, Part III'."
Pub. L. 109-20, Sec. 1, July 1, 2005, 119 Stat. 346, provided
that: "This Act [amending sections 144, 157, 163, and 188 of this
title, section 777c of Title 16, Conservation, sections 9503 and
9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
49, Transportation, enacting provisions set out as a note under
section 9503 of Title 26, and amending provisions set out as notes
under this section, sections 104, 322, and 402 of this title, and
sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as
the 'Surface Transportation Extension Act of 2005, Part II'."
Pub. L. 109-14, Sec. 1, May 31, 2005, 119 Stat. 324, provided
that: "This Act [amending sections 144, 157, 163, and 188 of this
title, section 777c of Title 16, Conservation, sections 4481 to
4483, 9503, and 9504 of Title 26, Internal Revenue Code, section
13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104,
and 31107 of Title 49, Transportation, enacting provisions set out
as notes under this section and section 4481 of Title 26, and
amending provisions set out as notes under this section, sections
104, 322, and 402 of this title, and sections 5307, 5309, 5310, and
5338 of Title 49] may be cited as the 'Surface Transportation
Extension Act of 2005'."
SHORT TITLE OF 2004 AMENDMENTS
Pub. L. 108-310, Sec. 1, Sept. 30, 2004, 118 Stat. 1144, provided
that: "This Act [amending sections 144, 157, 163, 188, and 410 of
this title, sections 900 and 901 of Title 2, The Congress, section
777c of Title 16, Conservation, sections 9503 and 9504 of Title 26,
Internal Revenue Code, section 13106 of Title 46, Shipping, and
sections 5307, 5309, 5338, 31104, and 31107 of Title 49,
Transportation, enacting provisions set out as notes under this
section, section 104 of this title, section 9503 of Title 26, and
section 5337 of Title 49, amending provisions set out as notes
under this section, sections 104, 322, and 402 of this title,
section 901 of Title 2, and sections 5307, 5309, 5310, and 5338 of
Title 49, and repealing provisions set out as a note under section
9503 of Title 26] may be cited as the 'Surface Transportation
Extension Act of 2004, Part V'."
Pub. L. 108-280, Sec. 1, July 30, 2004, 118 Stat. 876, provided
that: "This Act [amending sections 144, 157, 163, and 188 of this
title, section 777c of Title 16, Conservation, sections 9503 and
9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
49, Transportation, enacting provisions set out as notes under
section 9503 of Title 26, amending provisions set out as notes
under this section, sections 104, 322, and 402 of this title, and
sections 5307, 5309, 5310, and 5338 of Title 49, and repealing
provisions set out as a note under section 5337 of Title 49] may be
cited as the 'Surface Transportation Extension Act of 2004, Part
IV'."
Pub. L. 108-263, Sec. 1, June 30, 2004, 118 Stat. 698, provided
that: "This Act [amending sections 144, 157, 163, and 188 of this
title, section 777c of Title 16, Conservation, sections 9503 and
9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
49, Transportation, enacting provisions set out as a note under
section 9503 of Title 26, and amending provisions set out as notes
under this section, sections 104, 322, and 402 of this title, and
sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited
as the 'Surface Transportation Extension Act of 2004, Part III'."
Pub. L. 108-224, Sec. 1, Apr. 30, 2004, 118 Stat. 627, provided
that: "This Act [amending sections 144, 157, 163, and 188 of this
title, section 777c of Title 16, Conservation, sections 9503 and
9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
49, Transportation, enacting provisions set out as a note under
section 9503 of Title 26, and amending provisions set out as notes
under this section, sections 104, 322, and 402 of this title, and
sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited
as the 'Surface Transportation Extension Act of 2004, Part II'."
Pub. L. 108-202, Sec. 1, Feb. 29, 2004, 118 Stat. 478, provided
that: "This Act [amending sections 144, 157, 163, and 188 of this
title, section 777c of Title 16, Conservation, sections 9503 and
9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
49, Transportation, enacting provisions set out as a note under
section 9503 of Title 26, and amending provisions set out as notes
under this section, sections 104, 322, and 402 of this title, and
sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited
as the 'Surface Transportation Extension Act of 2004'."
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108-88, Sec. 1, Sept. 30, 2003, 117 Stat. 1110, provided
that: "This Act [amending sections 144, 157, 163, 188, and 410 of
this title, sections 900 and 901 of Title 2, The Congress, section
777c of Title 16, Conservation, sections 9503 and 9504 of Title 26,
Internal Revenue Code, section 13106 of Title 46, Shipping, and
sections 5307, 5309, 5337, 5338, 31104, and 31107 of Title 49,
Transportation, enacting provisions set out as notes under this
section, section 104 of this title, section 9503 of Title 26, and
section 5337 of Title 49, and amending provisions set out as notes
under this section, sections 322 and 402 of this title, section 901
of Title 2, and sections 5309, 5310, and 5338 of Title 49] may be
cited as the 'Surface Transportation Extension Act of 2003'."
SHORT TITLE OF 1998 AMENDMENTS
Pub. L. 105-206, title IX, Sec. 9001, July 22, 1998, 112 Stat.
834, provided that: "This title [see Tables for classification] may
be cited as the 'TEA 21 Restoration Act'."
Pub. L. 105-178, Sec. 1(a), June 9, 1998, 112 Stat. 107, provided
that: "This Act [see Tables for classification] may be cited as the
'Transportation Equity Act for the 21st Century'."
Pub. L. 105-178, title I, Sec. 1501, June 9, 1998, 112 Stat. 241,
provided that: "This chapter [chapter 1 (Secs. 1501-1504) of
subtitle E of title I of Pub. L. 105-178, enacting subchapter II of
this chapter, amending section 301 of Title 49, Transportation, and
enacting provisions set out as a note under section 181 of this
title] may be cited as the 'Transportation Infrastructure Finance
and Innovation Act of 1998'."
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-130, Sec. 1, Dec. 1, 1997, 111 Stat. 2552, provided
that: "This Act [amending sections 104, 321, 326, and 410 of this
title, sections 9503, 9504, and 9511 of Title 26, Internal Revenue
Code, and sections 111, 5309, 5337, 5338, 30308, and 31104 of Title
49, Transportation, enacting provisions set out as notes under
section 104 of this title and section 9503 of Title 26, and
amending provisions set out as notes under this section and section
307 of this title] may be cited as the 'Surface Transportation
Extension Act of 1997'."
SHORT TITLE OF 1995 AMENDMENT
Section 1(a) of Pub. L. 104-59 provided that: "This Act [enacting
section 161 of this title, amending this section, sections 103,
104, 106, 109, 111, 112, 115, 116, 120, 122, 127, 129, 130, 131,
133, 134, 141, 144, 149, 152, 153, 217, 303, 306, 307, 323, 409,
and 410 of this title, sections 1261 and 1262 of Title 16,
Conservation, sections 7506 and 12186 of Title 42, The Public
Health and Welfare, and sections 5316, 5331, 20140, 30308, 31112,
31136, 31306, and 45102 of Title 49, Transportation, repealing
section 154 of this title, enacting provisions set out as notes
preceding section 101 of this title and under this section,
sections 104, 109, 130, 141, 153, 154, 307, 309, 401, and 408 of
this title, section 403 of Title 16, section 7511a of Title 42, and
section 31136 of Title 49, amending provisions set out as notes
under this section and sections 104, 109, 127, 149, and 307 of this
title, and repealing provisions set out as notes preceding section
101 of this title and under section 112 of this title] may be cited
as the 'National Highway System Designation Act of 1995'."
SHORT TITLE OF 1987 AMENDMENT
Section 1(a) of Pub. L. 100-17 provided that: "This Act [enacting
sections 151, 156, and 409 of this title, section 508 of Title 33,
Navigation and Navigable Waters, section 4604 of Title 42, The
Public Health and Welfare, and sections 1607a-2, 1619, 1620, and
1621 of former Title 49, Transportation, amending this section,
sections 103, 104, 106, 109, 111, 112, 113, 114, 115, 116, 118,
119, 120, 121, 122, 123, 125, 127, 129, 130, 138, 140, 144, 152,
154, 157, 204, 210, 215, 217, 307, 315, 319, 321, 323, 401, 402,
and 408 of this title, section 460l-11 of Title 16, Conservation,
section 1761 of Title 18, Crimes and Criminal Procedure, sections
4041, 4051, 4052, 4071, 4081, 4221, 4481, 4482, 4483, 6156, 6412,
6420, 6421, 6427, and 9503 of Title 26, Internal Revenue Code,
sections 494 and 1414 of Title 33, sections 4601, 4621, 4622, 4623,
4624, 4625, 4626, 4630, 4631, 4633, 4636, 4638, 4651, and 4655 of
Title 42, sections 303 and 10922 of Title 49, and sections 1602,
1603, 1604, 1607, 1607a, 1607a-1, 1607c, 1608, 1612, 1613, 1614,
1617, 1655, 2311, 2314, and 2716 of former Title 49, repealing
sections 211, 213, 219, and 322 of this title, sections 498a, 498b,
503 to 507, 526, 526a, 529, and 535d of Title 33, and sections 4634
and 4637 of Title 42, enacting provisions set out as notes under
this section, sections 103, 104, 116, 120, 125, 127, 130, 144, 202,
307, 401, and 402 of this title, sections 1, 4052, and 4481 of
Title 26, section 4601 of Title 42, section 10922 of Title 49, and
sections 1601, 1602, 1608, and 2204 of former Title 49, amending
provisions set out as notes under this section and sections 103,
104, 130, 141, 144, 146, and 401 of this title, and repealing
provisions set out as notes under sections 114, 130, and 217 of
this title and section 526a of Title 33] may be cited as the
'Surface Transportation and Uniform Relocation Assistance Act of
1987'."
Section 101 of title I of Pub. L. 100-17 provided that: "This
title [enacting sections 151, 156, and 409 of this title and
section 508 of Title 33, Navigation and Navigable Waters, amending
this section, sections 103, 104, 106, 109, 111, 112, 113, 114, 115,
116, 118, 119, 120, 121, 122, 123, 125, 127, 129, 130, 138, 140,
144, 152, 154, 157, 204, 210, 215, 217, 307, 315, 319, 321, 323,
401, and 402 of this title, section 1761 of Title 18, Crimes and
Criminal Procedure, sections 494 and 1414 of Title 33, section 303
of Title 49, Transportation, and sections 1655, 2311, and 2716 of
former Title 49, repealing sections 211, 213, 219, and 322 of this
title and sections 498a, 498b, 503 to 507, 526, 526a, 529, and 535d
of Title 33, enacting provisions set out as notes under this
section and sections 103, 104, 116, 120, 125, 127, 130, 144, 202,
307, and 402 of this title, amending provisions set out as notes
under this section and sections 103, 104, 130, 141, 144, and 146 of
this title, and repealing provisions set out as notes under
sections 114, 130, and 217 of this title and section 526a of Title
33] may be cited as the 'Federal-Aid Highway Act of 1987'."
SHORT TITLE OF 1983 AMENDMENTS
Section 1 of Pub. L. 97-424 provided: "That this Act [enacting
section 157 of this title, sections 4051 to 4053 and 9503 of Title
26, Internal Revenue Code, and sections 1601c, 1607a, 1607a-1,
1617, 1618, and 2301 to 2315 of former Title 49, Transportation,
amending section 713c-3 of Title 15, Commerce and Trade, sections
460l-11 and 1606a of Title 16, Conservation, sections 101, 101
notes, 103, 103 note, 105, 109, 112, 113, 114, 115, 116, 118, 119,
120, 122, 125, 127, 130 notes, 137, 139, 140, 141, 142, 144, 150,
152, 201, 202, 203, 204, 210, 214, 217, 218, 307, 307 note, 401
note, and 402 of this title, sections 39, 44E, 46, 48, 103, 165
note, 167, 168, 274, 851, 852, 874, 882, 3304 note, 3454, 4041,
4061, 4063, 4071, 4081, 4101, 4102, 4221, 4222, 4481, 4482, 4483,
6049, 6156, 6201, 6206, 6362, 6412, 6416, 6420, 6421, 6427, 6504,
6675, 7210, 7603, 7604, 7605, 7609, 7610, and 9502 of Title 26,
section 1414 of Title 33, Navigation and Navigable Waters, sections
602 and 1382a of Title 42, The Public Health and Welfare, sections
1474, 1475, and 1479 of former Title 46, Shipping, section 1273 of
Title 46, Appendix, sections 10927 note, 11909 and 11914 of Title
49, and sections 1602, 1603, 1604, 1607c, 1608, 1611, 1612, 1614,
2204, 2205, 2206 of former Title 49, repealing sections 101 notes,
104 note, and 206 to 209 of this title, sections 120 note, 4091 to
4094, and 6424 of Title 26, and sections 1602 note, 1604a, 1617,
and 1618 of former Title 49, and enacting provisions set out as
notes under this section, sections 103, 104, 105, 109, 111, 119,
120, 125, 144, 146, 154, 307, 401, and 408 of this title, section
713c-3 of Title 15, sections 1, 39, 46, 165, 274, 3304, 4041, 4051,
4061, 4071, 4081, 4481, 6012, 6427, and 9503 of Title 26, section
602 of Title 42, and sections 1601, 1612, and 2315 of former Title
49] may be cited as the 'Surface Transportation Assistance Act of
1982'."
Section 101 of title I of Pub. L. 97-424 provided that: "This
title [enacting section 157 of this title, amending this section
and sections 103, 105, 109, 112, 113, 114, 115, 116, 118, 119, 120,
122, 125, 127, 137, 139, 140, 142, 144, 150, 152, 201, 202, 203,
204, 210, 214, 217, 218, and 307 of this title, repealing sections
101 notes, 104 note, and 206 to 209 of this title, and enacting
provisions set out as notes under this section, sections 103, 104,
105, 109, 111, 119, 120, 125, 144, and 146 of this title, and
section 2315 of former Title 49, Transportation] may be cited as
the 'Highway Improvement Act of 1982'."
Section 1 of Pub. L. 97-327, Oct. 15, 1982, 96 Stat. 1611,
provided: "That this Act [amending section 144 of this title,
provisions set out as notes under this section and section 130 of
this title, and enacting provisions set out as notes under section
104 of this title] may be cited as the 'Federal-Aid Highway Act of
1982'."
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97-134, Sec. 13, Dec. 29, 1981, 95 Stat. 1703, provided
that: "This Act [amending sections 104, 119, and 139 of this title
and enacting provisions set out as notes under this section and
section 104 of this title] may be cited as the 'Federal-Aid Highway
Act of 1981'."
SHORT TITLE OF 1978 AMENDMENT
Section 1 of Pub. L. 95-599 provided: "That this Act [enacting
sections 119, 146, and 407 of this title, and sections 1602-1,
1607, 1614, 1615, 1616, 1617 and 1618 of former Title 49,
Transportation, amending this section, sections 103, 104, 105, 109,
111, 116, 118, 120, 122, 124, 125, 129, 131, 134, 141, 144, 148,
151, 152, 154, 155, 215, 217, 219, 320, 402, and 406 of this title,
section 1418 of Title 15, Commerce and Trade, section 460l-11 of
Title 16, Conservation, sections 39, 4041, 4061, 4071, 4081, 4481,
4482, 6156, 6412, 6421, 6427, 7210, 7603, 7604, 7605, 7609, and
7610 of Title 26, Internal Revenue Code, section 201 of former
Title 40, Appendix, Public Buildings, Property, and Works, sections
303, 1602, 1603, 1604, 1607b, 1607c, 1608, 1611, 1612, and 1613 of
former Title 49, repealing section 153 of this title and sections
1607, 1607a, and 1614 of former Title 49, and enacting provisions
set out as notes under this section, sections 103, 104, 109, 111,
120, 122, 124, 129, 130, 134, 135, 141, 142, 144, 146, 215, 217,
307, 320, 401, 402, and 403 of this title, section 6427 of Title
26, section 201 of former Title 40, Appendix, section 5904 of Title
42, The Public Health and Welfare, section 883 of Title 46,
Appendix, Shipping, and sections 1601, 1602, 1604, 1605, 1612, and
1653 of former Title 49] may be cited as the 'Surface
Transportation Assistance Act of 1978'."
Section 101 of title I of Pub. L. 95-599 provided that: "This
title [enacting sections 119 and 146 of this title, amending this
section, sections 103, 104, 105, 109, 111, 116, 118, 120, 122, 124,
125, 129, 131, 134, 141, 144, 148, 151, 152, 155, 203, 215, 217,
219, 320, and 406 of this title, and section 201 of former Title
40, Appendix, Public Buildings, Property and Works, repealing
section 153 of this title and provisions set out as notes under
this section and section 1605 of Title 42, The Public Health and
Welfare, and enacting provisions set out as notes under this
section, sections 103, 104, 109, 111, 120, 122, 124, 129, 130, 134,
135, 141, 142, 144, 146, 217, 307, and 320 of this title, section
201 of former Title 40, Appendix, section 5904 of Title 42, section
883 of Title 46, Appendix, Shipping, and section 1653 of former
Title 49, Transportation] may be cited as the 'Federal-Aid Highway
Act of 1978'."
Section 501 of Pub. L. 95-599 provided that: "This title
[amending section 4601-11 of Title 16, Conservation, sections 39,
4041, 4061, 4071, 4081, 4481, 4482, 6156, 6412, 6421, 6427, 7210,
7603, 7604, and 7605 of Title 26, Internal Revenue Code, and
enacting provisions set out as notes under sections 120 and 307 of
this title and section 6427 of Title 26] may be cited as the
'Highway Revenue Act of 1978'."
SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94-280, title I, Sec. 101, May 5, 1976, 90 Stat. 425,
provided that: "This title [enacting section 156 of this title,
amending this section and sections 103, 104, 106, 108, 117, 118,
121, 125, 127, 129, 131, 135, 138 to 140, 142, 147, 152, 153, 202,
203, 217, 219, 319, and 320 of this title, repealing sections 146
and 405 of this title, enacting provisions set out as notes under
this section, sections 103, 104, 124, 134, 135, 215, 218, 319, and
320 of this title, and section 1605 of former Title 49,
Transportation, and amending provisions set out as notes under this
section, sections 120, 130, and 142 of this title, and section 1605
of former Title 49] may be cited as the 'Federal-Aid Highway Act of
1976'."
SHORT TITLE OF 1974 AMENDMENT
Pub. L. 93-643, Sec. 1, Jan. 4, 1975, 88 Stat. 2281, provided:
"That this Act [enacting sections 141, 154, 155, 219, and 406,
amending this section and sections 103, 115, 127, 129, 131, 136,
144, 208, 320, 322, 323, and 405, enacting provisions set out as
notes under this section, sections 142, 217, and 320, amending
provisions set out as notes under this section and sections 130 and
142, and repealing provisions set out as a note under this section]
may be cited as the 'Federal-Aid Highway Amendments of 1974'."
SHORT TITLE OF 1973 AMENDMENT
Pub. L. 93-87, title I, Sec. 101, Aug. 13, 1973, 87 Stat. 250,
provided that: "This title [enacting sections 145 to 150, 217, 218,
323, and 324 of this title and section 1602a of former Title 49,
Transportation, amending this section and sections 103 to 105, 108,
109, 114, 117, 121, 126, 129, 135, 140, 142, 143, 149, 207, 303,
307 to 310, 312, 314, and 320 of this title, and enacting
provisions set out as notes under this section, sections 103, 104,
120, 130, 142, 218, 307, 319, and 320 of this title, and sections
1608 and 1637 of former Title 49] may be cited as the 'Federal-Aid
Highway Act of 1973'."
SHORT TITLE OF 1970 AMENDMENT
Pub. L. 91-605, title I, Sec. 101, Dec. 31, 1970, 84 Stat. 1713,
provided that: "This title [enacting sections 142, 143, 215, 216,
321, and 510 of this title, amending this section and sections 103,
104, 105, 106, 109, 120, 125, 128, 129, 131, 134, 135, 136, 139,
140, 303, 307, 320, 506, 511, 512 of this title and section 517 of
Title 33, Navigation and Navigable Waters, and enacting provisions
set out as notes under this section and sections 104, 120, 129,
131, 134, 215, 216, 303, 307, 320, and 510 of this title] may be
cited as the 'Federal-Aid Highway Act of 1970'."
SHORT TITLE OF 1968 AMENDMENT
Pub. L. 90-495, Sec. 1, Aug. 23, 1968, 82 Stat. 815, provided
that: "This Act [enacting sections 135, 139, 140, and 141 of this
title, amending this section, sections 103, 104, 108, 112, 113,
115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, 402,
and 501 to 512 of this title, section 636 of Title 15, Commerce and
Trade, section 1653 of former Title 49, Transportation, and
provisions set out as a note under this section, repealing section
133 of this title and enacting provisions formerly set out as notes
under this section and sections 104, 108, 125, 134, 501, 502, and
510 of this title] may be cited as the 'Federal-Aid Highway Act of
1968'."
SHORT TITLE OF 1966 AMENDMENT
Pub. L. 89-574, Sec. 1, Sept. 13, 1966, 80 Stat. 766, provided
that: "This Act [enacting sections 120 and 138 of this title,
amending this section and sections 104, 109, 118, 120, 125, 131,
136, 302, and 319 of this title, and enacting provisions set out as
notes under this section and sections 106, 108, 125, 133, and 137
of this title] may be cited as the 'Federal-Aid Highway Act of
1966'."
SHORT TITLE OF 1965 AMENDMENT
Pub. L. 89-285, Sec. 403, Oct. 22, 1965, 79 Stat. 1033, provided
that: "This Act [enacting sections 136 of this title and provisions
set out as notes under sections 131 and 135 of this title and
amending sections 131 and 319 of this title] may be cited as the
'Highway Beautification Act of 1965'."
SHORT TITLE OF 1964 AMENDMENT
Pub. L. 88-423, Sec. 1, Aug. 13, 1964, 78 Stat. 397, provided
that: "This Act [amending this section and sections 104, 205, 209,
and 320 of this title] may be cited as the 'Federal-Aid Highway Act
of 1964'."
SHORT TITLE OF 1963 AMENDMENT
Pub. L. 88-157, Sec. 1, Oct. 24, 1963, 77 Stat. 276, provided:
"That this Act [amending sections 104, 106, 109, 121, 131, and 307
of this title] may be cited as the 'Federal-Aid Highway Amendments
Act of 1963'."
SHORT TITLE OF 1962 AMENDMENT
Pub. L. 87-866, Sec. 1, Oct. 23, 1962, 76 Stat. 1145, provided
that: "This Act [enacting sections 133, 134 and 214 of this title,
amending this section and sections 103, 104, 203, and 307 of this
title, and enacting provisions set out as a note under section 307
of this title] may be cited as the 'Federal-Aid Highway Act of
1962'."
SHORT TITLE OF 1961 AMENDMENT
Pub. L. 87-61, title I, Sec. 101, June 29, 1961, 75 Stat. 122,
provided that: "This Act [enacting section 6156 of Title 26,
Internal Revenue Code, amending sections 111, 131 and 210 of this
title and sections 4041, 4061, 4071, 4081, 4218, 4221, 4226, 4481,
4482, 6412, 6416, 6421, and 6601 of Title 26, enacting provisions
set out as notes under this section and section 104 of this title
and under section 4041 of Title 26, and amending provisions set out
as notes under this section and section 120 of this title] may be
cited as the 'Federal-Aid Highway Act of 1961'."
SHORT TITLE OF 1960 AMENDMENT
Pub. L. 86-657, Sec. 1, July 14, 1960, 74 Stat. 522, provided
that: "This Act [enacting section 132 of this title and amending
sections 104, 114, 120, 129, 203, 205, 210, and 305 of this title]
may be cited as the 'Federal Highway Act of 1960'."
SHORT TITLE OF 1959 AMENDMENT
Pub. L. 86-342, title I, Sec. 101, Sept. 21, 1959, 73 Stat. 611,
provided that: "This Act [amending sections 125, 131, 137, and 320
of this title, and sections 4041, 4081, 4082, 4226, 6412, 6416, and
6421 of Title 26, Internal Revenue Code, enacting notes set out
under section 307 of this title and section 4082 of Title 26, and
amending notes set out under this section and sections 104 and 120
of this title] may be cited as the 'Federal-Aid Highway Act of
1959'."
SEPARABILITY
Section 36 of Pub. L. 90-495 provided that: "If any provision of
this Act (including the amendments made by this Act) [enacting
sections 135, 139, 140, 141, and 501-511 of this title, amending
this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125,
128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title,
section 636 of Title 15, Commerce and Trade, section 1653 of former
Title 49, Transportation, and provisions set out as a note under
this section, repealing section 133 of this title, and enacting
provisions set out as notes under this section and sections 104,
108, 125, 134, 501, 502, and 510 of this title] or the application
thereof to any person or circumstance is held invalid, the
remainder of this Act and the application of the provision to other
persons or circumstances shall not be affected thereby."
-TRANS-
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of Title 8, Aliens and Nationality.
TRANSFER OF FUNCTIONS
Functions, powers, and duties of Secretary of Commerce and other
officers and offices of Department of Commerce under this title and
under specific related laws and parts of laws set out in the notes
in this title relating generally to highways and highway and
traffic safety transferred to and vested in Secretary of
Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931,
which created Department of Transportation. See section 102 of
Title 49, Transportation, and Pub. L. 97-449, Sec. 2, Jan. 12,
1983, 96 Stat. 2439.
-MISC2-
PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE
Pub. L. 109-59, title I, Sec. 1301, Aug. 10, 2005, 119 Stat.
1198, as amended by Pub. L. 110-244, title I, Sec. 103(a), June 6,
2008, 122 Stat. 1578, provided that:
"(a) Findings. - Congress finds the following:
"(1) Under current law, surface transportation programs rely
primarily on formula capital apportionments to States.
"(2) Despite the significant increase for surface
transportation program funding in the Transportation Equity Act
of the 21st Century [Pub. L. 105-178, see Tables for
classification], current levels of investment are insufficient to
fund critical high-cost transportation infrastructure facilities
that address critical national economic and transportation needs.
"(3) Critical high-cost transportation infrastructure
facilities often include multiple levels of government, agencies,
modes of transportation, and transportation goals and planning
processes that are not easily addressed or funded within existing
surface transportation program categories.
"(4) Projects of national and regional significance have
national and regional benefits, including improving economic
productivity by facilitating international trade, relieving
congestion, and improving transportation safety by facilitating
passenger and freight movement.
"(5) The benefits of projects described in paragraph (4) accrue
to local areas, States, and the Nation as a result of the effect
such projects have on the national transportation system.
"(6) A program dedicated to constructing projects of national
and regional significance is necessary to improve the safe,
secure, and efficient movement of people and goods throughout the
United States and improve the health and welfare of the national
economy.
"(b) Establishment of Program. - The Secretary [of
Transportation] shall establish a program to provide grants to
States for projects of national and regional significance.
"(c) Definitions. - In this section, the following definitions
apply:
"(1) Eligible project costs. - The term 'eligible project
costs' means the costs of -
"(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
"(B) construction, reconstruction, rehabilitation, and
acquisition of real property (including land related to the
project and improvements to land), environmental mitigation,
construction contingencies, acquisition of equipment, and
operational improvements.
"(2) Eligible project. - The term 'eligible project' means any
surface transportation project eligible for Federal assistance
under title 23, United States Code, including freight railroad
projects and activities eligible under such title.
"(3) State. - The term 'State' has the meaning such term has in
section 101(a) of title 23, United States Code.
"(d) Eligibility. - To be eligible for assistance under this
section, a project shall have eligible project costs that are
reasonably anticipated to equal or exceed the lesser of -
"(1) $500,000,000; or
"(2) 75 percent of the amount of Federal highway assistance
funds apportioned for the most recently completed fiscal year to
the State in which the project is located.
"(e) Applications. - Each State seeking to receive a grant under
this section for an eligible project shall submit to the Secretary
[of Transportation] an application in such form and in accordance
with such requirements as the Secretary shall establish.
"(f) Competitive Grant Selection and Criteria for Grants. -
"(1) In general. - The Secretary [of Transportation] shall -
"(A) establish criteria for selecting among projects that
meet the eligibility criteria specified in subsection (d);
"(B) conduct a national solicitation for applications; and
"(C) award grants on a competitive basis.
"(2) Criteria for grants. - The Secretary may approve a grant
under this section for a project only if the Secretary determines
that the project -
"(A) is based on the results of preliminary engineering;
"(B) is justified based on the ability of the project -
"(i) to generate national economic benefits, including
creating jobs, expanding business opportunities, and
impacting the gross domestic product;
"(ii) to reduce congestion, including impacts in the State,
region, and Nation;
"(iii) to improve transportation safety, including reducing
transportation accidents, injuries, and fatalities;
"(iv) to otherwise enhance the national transportation
system; and
"(v) to garner support for non-Federal financial
commitments and provide evidence of stable and dependable
financing sources to construct, maintain, and operate the
infrastructure facility; and
"(C) is supported by an acceptable degree of non-Federal
financial commitments, including evidence of stable and
dependable financing sources to construct, maintain, and
operate the infrastructure facility.
"(3) Selection considerations. - In selecting a project under
this section, the Secretary shall consider the extent to which
the project -
"(A) leverages Federal investment by encouraging non-Federal
contributions to the project, including contributions from
public-private partnerships;
"(B) uses new technologies, including intelligent
transportation systems, that enhance the efficiency of the
project; and
"(C) helps maintain or protect the environment.
"(4) Preliminary engineering. - In evaluating a project under
paragraph (2)(A), the Secretary shall analyze and consider the
results of preliminary engineering for the project.
"(5) Non-federal financial commitment. -
"(A) Evaluation of project. - In evaluating a project under
paragraph (2)(C), the Secretary shall require that -
"(i) the proposed project plan provides for the
availability of contingency amounts that the Secretary
determines to be reasonable to cover unanticipated cost
increases; and
"(ii) each proposed non-Federal source of capital and
operating financing is stable, reliable, and available within
the proposed project timetable.
"(B) Considerations. - In assessing the stability,
reliability, and availability of proposed sources of non-
Federal financing under subparagraph (A), the Secretary shall
consider -
"(i) existing financial commitments;
"(ii) the degree to which financing sources are dedicated
to the purposes proposed;
"(iii) any debt obligation that exists or is proposed by
the recipient for the proposed project; and
"(iv) the extent to which the project has a non-Federal
financial commitment that exceeds the required non-Federal
share of the cost of the project.
"(6) Regulations. - Not later than 180 days after the date of
enactment of this Act [Aug. 10, 2005], the Secretary shall issue
regulations on the manner in which the Secretary will evaluate
and rate the projects based on the results of preliminary
engineering, project justification, and the degree of non-Federal
financial commitment, as required under this subsection.
"(7) Project evaluation and rating. -
"(A) In general. - A proposed project may advance from
preliminary engineering to final design and construction only
if the Secretary finds that the project meets the requirements
of this subsection and there is a reasonable likelihood that
the project will continue to meet such requirements.
"(B) Evaluation and rating. - In making such findings, the
Secretary shall evaluate and rate the project as 'highly
recommended', 'recommended', or 'not recommended' based on the
results of preliminary engineering, the project justification
criteria, and the degree of non-Federal financial commitment,
as required under this subsection. In rating the projects, the
Secretary shall provide, in addition to the overall project
rating, individual ratings for each of the criteria established
under the regulations issued under paragraph (6).
"(g) Letters of Intent and Full Funding Grant Agreements. -
"(1) Letter of intent. -
"(A) In general. - The Secretary [of Transportation] may
issue a letter of intent to an applicant announcing an
intention to obligate, for a project under this section, an
amount from future available budget authority specified in law
that is not more than the amount stipulated as the financial
participation of the Secretary in the project.
"(B) Notification. - At least 60 days before issuing a letter
under subparagraph (A) or entering into a full funding grant
agreement, the Secretary shall notify in writing the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate of the proposed letter or agreement. The
Secretary shall include with the notification a copy of the
proposed letter or agreement as well as the evaluations and
ratings for the project.
"(C) Not an obligation. - The issuance of a letter is deemed
not to be an obligation under sections 1108(c), 1108(d), 1501,
and 1502(a) of title 31, United States Code, or an
administrative commitment.
"(D) Obligation or commitment. - An obligation or
administrative commitment may be made only when contract
authority is allocated to a project.
"(2) Full funding grant agreement. -
"(A) In general. - A project financed under this subsection
shall be carried out through a full funding grant agreement.
The Secretary shall enter into a full funding grant agreement
based on the evaluations and ratings required under subsection
(f)(7).
"(B) Terms. - If the Secretary makes a full funding grant
agreement with an applicant, the agreement shall -
"(i) establish the terms of participation by the United
States Government in a project under this section;
"(ii) establish the maximum amount of Government financial
assistance for the project;
"(iii) cover the period of time for completing the project,
including a period extending beyond the period of an
authorization; and
"(iv) make timely and efficient management of the project
easier according to the laws of the United States.
"(C) Agreement. - An agreement under this paragraph obligates
an amount of available budget authority specified in law and
may include a commitment, contingent on amounts to be specified
in law in advance for commitments under this paragraph, to
obligate an additional amount from future available budget
authority specified in law. The agreement shall state that the
contingent commitment is not an obligation of the Government.
Interest and other financing costs of efficiently carrying out
a part of the project within a reasonable time are a cost of
carrying out the project under a full funding grant agreement,
except that eligible costs may not be more than the cost of the
most favorable financing terms reasonably available for the
project at the time of borrowing. The applicant shall certify,
in a way satisfactory to the Secretary, that the applicant has
shown reasonable diligence in seeking the most favorable
financing terms.
"(3) Amounts. - The total estimated amount of future
obligations of the Government and contingent commitments to incur
obligations covered by all outstanding letters of intent and full
funding grant agreements may be not more than the greater of the
amount authorized to carry out this section or an amount
equivalent to the last 2 fiscal years of funding authorized to
carry out this section less an amount the Secretary reasonably
estimates is necessary for grants under this section not covered
by a letter. The total amount covered by new letters and
contingent commitments included in full funding grant agreements
may be not more than a limitation specified in law.
"(h) Grant Requirements. -
"(1) In general. - A grant for a project under this section
shall be subject to all of the requirements of title 23, United
States Code.
"(2) Other terms and conditions. - The Secretary [of
Transportation] shall require that all grants under this section
be subject to all terms, conditions, and requirements that the
Secretary decides are necessary or appropriate for purposes of
this section, including requirements for the disposition of net
increases in value of real property resulting from the project
assisted under this section.
"(i) Government's Share of Project Cost. - Based on engineering
studies, studies of economic feasibility, and information on the
expected use of equipment or facilities, the Secretary [of
Transportation] shall estimate the cost of a project receiving
assistance under this section. A grant for the project is for 80
percent of the project cost, unless the grant recipient requests a
lower grant percentage. A refund or reduction of the remainder may
be made only if a refund of a proportional amount of the grant of
the Government is made at the same time.
"(j) Fiscal Capacity Considerations. - If the Secretary [of
Transportation] gives priority consideration to financing projects
that include more than the non-Government share required under
subsection (i) the Secretary shall give equal consideration to
differences in the fiscal capacity of State and local governments.
"(k) Reports. -
"(1) Annual report. - Not later than the first Monday in
February of each year, the Secretary [of Transportation] shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and
Public Works of the Senate a report that includes a proposal on
the allocation of amounts to be made available to finance grants
under this section.
"(2) Recommendations on funding. - The annual report under this
paragraph [subsection] shall include evaluations and ratings, as
required under subsection (f). The report shall also include
recommendations of projects for funding based on the evaluations
and ratings and on existing commitments and anticipated funding
levels for the next 3 fiscal years and for the next 10 fiscal
years based on information currently available to the Secretary.
"(l) Applicability of Title 23. - Funds made available to carry
out this section shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of title
23, United States Code; except that such funds shall not be
transferable and shall remain available until expended and the
Federal share of the cost of a project under this section shall be
as provided in this section.
"(m) Designated Projects. - [Omitted.]"
NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM
Pub. L. 109-59, title I, Sec. 1302, Aug. 10, 2005, 119 Stat.
1204, as amended by Pub. L. 110-244, title I, Secs. 101(d), 103(b),
June 6, 2008, 122 Stat. 1573, 1578, provided that:
"(a) In General. - The Secretary [of Transportation] shall
establish and implement a program to make allocations to States for
highway construction projects in corridors of national significance
to promote economic growth and international or interregional trade
pursuant to the selection factors provided in this section. A State
must submit an application to the Secretary in order to receive an
allocation under this section.
"(b) Selection Process. -
"(1) Priority. - In the selection process under this section,
the Secretary [of Transportation] shall give priority to projects
in corridors that are a part of, or will be designated as part
of, the Dwight D. Eisenhower National System of Interstate and
Defense Highways after completion of the work described in the
application received by the Secretary and to any project that
will be completed within 5 years of the date of the allocation of
funds for the project.
"(2) Selection factors. - In making allocations under this
section, the Secretary shall consider the following factors:
"(A) The extent to which the corridor provides a link between
two existing segments of the Interstate System.
"(B) The extent to which the project will facilitate major
multistate or regional mobility and economic growth and
development in areas underserved by existing highway
infrastructure.
"(C) The extent to which commercial vehicle traffic in the
corridor -
"(i) has increased since the date of enactment of the North
American Free Trade Agreement Implementation Act [Pub. L. 103-
182, Dec. 8, 1993] (16 U.S.C. 4401 et seq. [see Tables for
classification]); and
"(ii) is projected to increase in the future.
"(D) The extent to which international truck-borne
commodities move through the corridor.
"(E) The extent to which the project will make improvements
to an existing segment of the Interstate System that will
result in a decrease in congestion.
"(F) The reduction in commercial and other travel time
through a major freight corridor expected as a result of the
project.
"(G) The value of the cargo carried by commercial vehicle
traffic in the corridor and the economic costs arising from
congestion in the corridor.
"(H) The extent of leveraging of Federal funds provided to
carry out this section, including -
"(i) use of innovative financing;
"(ii) combination with funding provided under other
sections of this Act [see Tables for classification] and
title 23, United States Code; and
"(iii) combination with other sources of Federal, State,
local, or private funding.
"(c) Applicability of Title 23. - Funds made available by section
1101(a)(10) of this Act [119 Stat. 1154] to carry out this section
shall be available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23, United States
Code; except that such funds shall remain available until expended,
and the Federal share of the cost of a project under this section
shall be determined in accordance with section 120 of such title.
"(d) State Defined. - In this section, the term 'State' has the
meaning such term has in section 101(a) of title 23, United States
Code.
"(e) Designated Projects. - [Omitted.]"
DELTA REGION TRANSPORTATION DEVELOPMENT PROGRAM
Pub. L. 109-59, title I, Sec. 1308, Aug. 10, 2005, 119 Stat.
1218, provided that:
"(a) In General. - The Secretary [of Transportation] shall carry
out a program in the 8 States comprising the Delta Region (Alabama,
Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and
Tennessee) to -
"(1) support and encourage multistate transportation planning
and corridor development;
"(2) provide for transportation project development;
"(3) facilitate transportation decisionmaking; and
"(4) support transportation construction.
"(b) Eligible Recipients. - A State transportation department or
metropolitan planning organization in a Delta Region State may
receive and administer funds provided under the program.
"(c) Eligible Activities. - The Secretary [of Transportation]
shall make allocations under the program for multistate highway
planning, development, and construction projects.
"(d) Other Provisions Regarding Eligibility. - All activities
funded under this program shall be consistent with the continuing,
cooperative, and comprehensive planning processes required by
sections 134 and 135 of title 23, United States Code.
"(e) Selection Criteria. - The Secretary [of Transportation]
shall select projects to be carried out under the program based on -
"(1) whether the project is located -
"(A) in an area under the authority of the Delta Regional
Authority; and
"(B) on a Federal-aid highway;
"(2) endorsement of the project by the State department of
transportation; and
"(3) evidence of the ability of the recipient of funds provided
under the program to complete the project.
"(f) Program Priorities. - In administering the program, the
Secretary [of Transportation] shall -
"(1) encourage State and local officials to work together to
develop plans for multimodal and multijurisdictional
transportation decisionmaking; and
"(2) give priority to projects that emphasize multimodal
planning, including planning for operational improvements that -
"(A) increase the mobility of people and goods;
"(B) improve the safety of the transportation system with
respect to catastrophic natural disasters or disasters caused
by human activity; and
"(C) contribute to the economic vitality of the area in which
the project is being carried out.
"(g) Federal Share. - Amounts provided by the Delta Regional
Authority to carry out a project under this subsection [probably
means this section] may be applied to the non-Federal share of the
project required by section 120 of title 23, United States Code.
"(h) Funding. -
"(1) In general. - There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $10,000,000 for each of fiscal years 2006
through 2009.
"(2) Contract authority. - Funds made available to carry out
this section shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code; except that such funds shall not be
transferable and shall remain available until expended."
MOTORCYCLIST ADVISORY COUNCIL
Pub. L. 109-59, title I, Sec. 1914, Aug. 10, 2005, 119 Stat.
1478, provided that:
"(a) In General. - The Secretary [of Transportation], acting
through the Administrator of the Federal Highway Administration, in
consultation with the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, shall appoint a
Motorcyclist Advisory Council to coordinate with and advise the
Administrator on infrastructure issues of concern to motorcyclists,
including -
"(1) barrier design;
"(2) road design, construction, and maintenance practices; and
"(3) the architecture and implementation of intelligent
transportation system technologies.
"(b) Composition. - The Council shall consist of not more than 10
members of the motorcycling community with professional expertise
in national motorcyclist safety advocacy, including -
"(1) at least -
"(A) one member recommended by a national motorcyclist
association;
"(B) one member recommended by a national motorcycle riders
foundation;
"(C) one representative of the National Association of State
Motorcycle Safety Administrators;
"(D) two members of State motorcyclists' organizations;
"(E) one member recommended by a national organization that
represents the builders of highway infrastructure;
"(F) one member recommended by a national association that
represents the traffic safety systems industry; and
"(G) one member of a national safety organization; and
"(2) at least one, and not more than two, motorcyclists who are
traffic system design engineers or State transportation
department officials."
NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM
Pub. L. 105-178, title I, Sec. 1118, June 9, 1998, 112 Stat. 161,
provided that:
"(a) In General. - The Secretary shall establish and implement a
program to make allocations to States and metropolitan planning
organizations for coordinated planning, design, and construction of
corridors of national significance, economic growth, and
international or interregional trade. A State or metropolitan
planning organization may apply to the Secretary for allocations
under this section.
"(b) Eligibility of Corridors. - The Secretary may make
allocations under this section with respect to -
"(1) high priority corridors identified in section 1105(c) of
the Intermodal Surface Transportation Efficiency Act of 1991
[Pub. L. 102-240, 105 Stat. 2032]; and
"(2) any other significant regional or multistate highway
corridor not described in whole or in part in paragraph (1)
selected by the Secretary after consideration of -
"(A) the extent to which the annual volume of commercial
vehicle traffic at the border stations or ports of entry of
each State -
"(i) has increased since the date of enactment of the North
American Free Trade Agreement Implementation Act (Public Law
103-182 [Dec. 8, 1993]); and
"(ii) is projected to increase in the future;
"(B) the extent to which commercial vehicle traffic in each
State -
"(i) has increased since the date of enactment of the North
American Free Trade Agreement Implementation Act (Public Law
103-182); and
"(ii) is projected to increase in the future;
"(C) the extent to which international truck-borne
commodities move through each State;
"(D) the reduction in commercial and other travel time
through a major international gateway or affected port of entry
expected as a result of the proposed project including the
level of traffic delays at at-grade highway crossings of major
rail lines in trade corridors;
"(E) the extent of leveraging of Federal funds provided under
this subsection, including -
"(i) use of innovative financing;
"(ii) combination with funding provided under other
sections of this Act [see Tables for classification] and
title 23, United States Code; and
"(iii) combination with other sources of Federal, State,
local, or private funding including State, local, and private
matching funds;
"(F) the value of the cargo carried by commercial vehicle
traffic, to the extent that the value of the cargo and
congestion impose economic costs on the Nation's economy; and
"(G) encourage or facilitate major multistate or regional
mobility and economic growth and development in areas
underserved by existing highway infrastructure.
"(c) Purposes. - Allocations may be made under this section for 1
or more of the following purposes:
"(1) Feasibility studies.
"(2) Comprehensive corridor planning and design activities.
"(3) Location and routing studies.
"(4) Multistate and intrastate coordination for corridors
described in subsection (b).
"(5) After review by the Secretary of a development and
management plan for the corridor or a usable component thereof
under subsection (b) -
"(A) environmental review; and
"(B) construction.
"(d) Corridor Development and Management Plan. - A State or
metropolitan planning organization receiving an allocation under
this section shall develop, and submit to the Secretary for review,
a development and management plan for the corridor or a usable
component thereof with respect to which the allocation is being
made. Such plan shall include, at a minimum, the following
elements:
"(1) A complete and comprehensive analysis of corridor costs
and benefits.
"(2) A coordinated corridor development plan and schedule,
including a timetable for completion of all planning and
development activities, environmental reviews and permits, and
construction of all segments.
"(3) A finance plan, including any innovative financing methods
and, if the corridor is a multistate corridor, a State-by-State
breakdown of corridor finances.
"(4) The results of any environmental reviews and mitigation
plans.
"(5) The identification of any impediments to the development
and construction of the corridor, including any environmental,
social, political and economic objections.
In the case of a multistate corridor, the Secretary shall encourage
all States having jurisdiction over any portion of such corridor to
participate in the development of such plan.
"(e) Applicability of Title 23. - Funds made available by section
1101 of this Act [set out in part as a note below] to carry out
this section and section 1119 [set out below] shall be available
for obligation in the same manner as if such funds were apportioned
under chapter 1 of title 23, United States Code.
"(f) Coordination of Planning. - Planning with respect to a
corridor under this section shall be coordinated with
transportation planning being carried out by the States and
metropolitan planning organizations along the corridor and, to the
extent appropriate, with transportation planning being carried out
by Federal land management agencies, by tribal governments, or by
government agencies in Mexico or Canada.
"(g) State Defined. - In this section, the term 'State' has the
meaning such term has under section 101 of title 23, United States
Code."
COORDINATED BORDER INFRASTRUCTURE PROGRAM
Pub. L. 109-59, title I, Sec. 1303, Aug. 10, 2005, 119 Stat.
1207, provided that:
"(a) General Authority. - The Secretary [of Transportation] shall
implement a coordinated border infrastructure program under which
the Secretary shall distribute funds to border States to improve
the safe movement of motor vehicles at or across the border between
the United States and Canada and the border between the United
States and Mexico.
"(b) Eligible Uses. - Subject to subsection (d), a State may use
funds apportioned under this section only for -
"(1) improvements in a border region to existing transportation
and supporting infrastructure that facilitate cross-border motor
vehicle and cargo movements;
"(2) construction of highways and related safety and safety
enforcement facilities in a border region that facilitate motor
vehicle and cargo movements related to international trade;
"(3) operational improvements in a border region, including
improvements relating to electronic data interchange and use of
telecommunications, to expedite cross border motor vehicle and
cargo movement;
"(4) modifications to regulatory procedures to expedite safe
and efficient cross border motor vehicle and cargo movements; and
"(5) international coordination of transportation planning,
programming, and border operation with Canada and Mexico relating
to expediting cross border motor vehicle and cargo movements.
"(c) Apportionment of Funds. - On October 1 of each fiscal year,
the Secretary [of Transportation] shall apportion among border
States sums authorized to be appropriated to carry out this section
for such fiscal year as follows:
"(1) 20 percent in the ratio that -
"(A) the total number of incoming commercial trucks that pass
through the land border ports of entry within the boundaries of
a border State, as determined by the Secretary; bears to
"(B) the total number of incoming commercial trucks that pass
through such ports of entry within the boundaries of all the
border States, as determined by the Secretary.
"(2) 30 percent in the ratio that -
"(A) the total number of incoming personal motor vehicles and
incoming buses that pass through land border ports of entry
within the boundaries of a border State, as determined by the
Secretary; bears to
"(B) the total number of incoming personal motor vehicles and
incoming buses that pass through such ports of entry within the
boundaries of all the border States, as determined by the
Secretary.
"(3) 25 percent in the ratio that -
"(A) the total weight of incoming cargo by commercial trucks
that pass through land border ports of entry within the
boundaries of a border State, as determined by the Secretary;
bears to
"(B) the total weight of incoming cargo by commercial trucks
that pass through such ports of entry within the boundaries of
all the border States, as determined by the Secretary.
"(4) 25 percent of the ratio that -
"(A) the total number of land border ports of entry within
the boundaries of a border State, as determined by the
Secretary; bears to
"(B) the total number of land border ports of entry within
the boundaries of all the border States, as determined by the
Secretary.
"(d) Projects in Canada or Mexico. - A project in Canada or
Mexico, proposed by a border State to directly and predominantly
facilitate cross-border motor vehicle and cargo movements at an
international port of entry into the border region of the State,
may be constructed using funds apportioned to the State under this
section if, before obligation of those funds, Canada or Mexico, or
the political subdivision of Canada or Mexico that is responsible
for the operation of the facility to be constructed, provides
assurances satisfactory to the Secretary [of Transportation] that
any facility constructed under this subsection will be -
"(1) constructed in accordance with standards equivalent to
applicable standards in the United States; and
"(2) properly maintained and used over the useful life of the
facility for the purpose for which the Secretary is allocating
such funds to the project.
"(e) Transfer of Funds to the General Services Administration. -
"(1) State funds. - At the request of a border State, funds
apportioned to the State under this section may be transferred to
the General Services Administration for the purpose of funding
one or more projects described in subsection (b) if -
"(A) the Secretary [of Transportation] determines, after
consultation with the transportation department of the border
State, that the General Services Administration should carry
out the project; and
"(B) the General Services Administration agrees to accept the
transfer of, and to administer, those funds in accordance with
this section.
"(2) Non-federal share. -
"(A) In general. - A border State that makes a request under
paragraph (1) shall provide directly to the General Services
Administration, for each project covered by the request, the
non-Federal share of the cost of the project.
"(B) No augmentation of appropriations. - Funds provided by a
border State under subparagraph (A) -
"(i) shall not be considered to be an augmentation of the
appropriations made available to the General Services
Administration; and
"(ii) shall be -
"(I) administered, subject to paragraph (1)(B), in accordance
with the procedures of the General Services Administration;
but
"(II) available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
"(3) Obligation authority. - Obligation authority shall be
transferred to the General Services Administration for a project
in the same manner and amount as the funds provided for the
project under paragraph (1).
"(4) Limitation on transfer of funds. - No State may transfer
to the General Services Administration under this subsection an
amount that is more than the lesser of -
"(A) 15 percent of the aggregate amount of funds apportioned
to the State under this section for such fiscal year; or
"(B) $5,000,000.
"(f) Applicability of Title 23. - Funds made available to carry
out this section shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of title
23, United States Code; except that, subject to subsection (e),
such funds shall not be transferable and shall remain available
until expended, and the Federal share of the cost of a project
under this section shall be determined in accordance with section
120 of such title.
"(g) Definitions. - In this section, the following definitions
apply:
"(1) Border region. - The term 'border region' means any
portion of a border State within 100 miles of an international
land border with Canada or Mexico.
"(2) Border state. - The term 'border State' means any State
that has an international land border with Canada or Mexico.
"(3) Commercial truck. - The term 'commercial truck' means a
commercial motor vehicle as defined in section 31301(4) (other
than subparagraph (B)) of title 49, United States Code.
"(4) Motor vehicle. - The term 'motor vehicle' has the meaning
such term has under section 101(a) of title 23, United States
Code.
"(5) State. - The term 'State' has the meaning such term has in
section 101(a) of such title 23."
Pub. L. 105-178, title I, Sec. 1119, June 9, 1998, 112 Stat. 163,
provided that:
"(a) General Authority. - The Secretary shall establish and
implement a coordinated border infrastructure program under which
the Secretary may make allocations to border States and
metropolitan planning organizations for areas within the boundaries
of 1 or more border States for projects to improve the safe
movement of people and goods at or across the border between the
United States and Canada and the border between the United States
and Mexico.
"(b) Eligible Uses. - Allocations to States and metropolitan
planning organizations under this section may only be used in a
border region for -
"(1) improvements to existing transportation and supporting
infrastructure that facilitate cross-border vehicle and cargo
movements;
"(2) construction of highways and related safety and safety
enforcement facilities that will facilitate vehicle and cargo
movements related to international trade;
"(3) operational improvements, including improvements relating
to electronic data interchange and use of telecommunications, to
expedite cross border vehicle and cargo movement;
"(4) modifications to regulatory procedures to expedite cross
border vehicle and cargo movements;
"(5) international coordination of planning, programming, and
border operation with Canada and Mexico relating to expediting
cross border vehicle and cargo movements; and
"(6) activities of Federal inspection agencies.
"(c) Selection Criteria. - The Secretary shall make allocations
under this section on the basis of -
"(1) expected reduction in commercial and other motor vehicle
travel time through an international border crossing as a result
of the project;
"(2) improvements in vehicle and highway safety and cargo
security related to motor vehicles crossing a border with Canada
or Mexico;
"(3) strategies to increase the use of existing, underutilized
border crossing facilities and approaches;
"(4) leveraging of Federal funds provided under this section,
including use of innovative financing, combination of such funds
with funding provided under other sections of this Act [see
Tables for classification], and combination with other sources of
Federal, State, local, or private funding;
"(5) degree of multinational involvement in the project and
demonstrated coordination with other Federal agencies responsible
for the inspection of vehicles, cargo, and persons crossing
international borders and their counterpart agencies in Canada
and Mexico;
"(6) improvements in vehicle and highway safety and cargo
security in and through the gateway or affected port of entry
concerned;
"(7) the degree of demonstrated coordination with Federal
inspection agencies;
"(8) the extent to which the innovative and problem solving
techniques of the proposed project would be applicable to other
border stations or ports of entry;
"(9) demonstrated local commitment to implement and sustain
continuing comprehensive border or affected port of entry
planning processes and improvement programs; and
"(10) such other factors as the Secretary determines are
appropriate to promote border transportation efficiency and
safety.
"(d) Construction of Transportation Infrastructure for Law
Enforcement Purposes. - At the request of the Administrator of
General Services, in consultation with the Attorney General, the
Secretary may transfer, during the period of fiscal years 1998
through 2001, not more than $10,000,000 of the amounts made
available by section 1101 [set out in part as a note below] to
carry out this section and section 1118 [set out above] to the
Administrator of General Services for the construction of
transportation infrastructure necessary for law enforcement in
border States.
"(e) Definitions. - In this section, the following definitions
apply:
"(1) Border region. - The term 'border region' means the
portion of a border State in the vicinity of an international
border with Canada or Mexico.
"(2) Border state. - The term 'border State' means any State
that has a boundary in common with Canada or Mexico."
HIGHWAY ECONOMIC REQUIREMENT SYSTEM
Pub. L. 105-178, title I, Sec. 1213(a), June 9, 1998, 112 Stat.
199, provided that:
"(1) Methodology. -
"(A) Evaluation. - The Comptroller General of the United States
shall conduct an evaluation of the methodology used by the
Department of Transportation to determine highway needs using the
highway economic requirement system (in this subsection referred
to as the 'model').
"(B) Required element. - The evaluation shall include an
assessment of the extent to which the model estimates an optimal
level of highway infrastructure investment, including an
assessment as to when the model may be overestimating or
underestimating investment requirements.
"(C) Report to congress. - Not later than 2 years after the
date of enactment of this Act [June 9, 1998], the Comptroller
General shall submit to Congress a report on the results of the
evaluation.
"(2) State investment plans. -
"(A) Study. - In consultation with State transportation
departments and other appropriate State and local officials, the
Comptroller General of the United States shall conduct a study on
the extent to which the model can be used to provide States with
useful information for developing State transportation investment
plans and State infrastructure investment projections.
"(B) Required elements. - The study shall -
"(i) identify any additional data that may need to be
collected beyond the data submitted, before the date of
enactment of this Act, to the Federal Highway Administration
through the highway performance monitoring system; and
"(ii) identify what additional work, if any, would be
required of the Federal Highway Administration and the States
to make the model useful at the State level.
"(C) Report to congress. - Not later than 3 years after the
date of enactment of this Act, the Comptroller General shall
submit to Congress a report on the results of the study."
SOUTHWEST BORDER TRANSPORTATION INFRASTRUCTURE
Pub. L. 105-178, title I, Sec. 1213(d), June 9, 1998, 112 Stat.
200, provided that:
"(1) Assessment. - The Secretary shall conduct a comprehensive
assessment of the state of the transportation infrastructure on the
southwest border between the United States and Mexico (in this
subsection referred to as the 'border').
"(2) Consultation. - In carrying out the assessment, the
Secretary shall consult with -
"(A) the Secretary of State;
"(B) the Attorney General;
"(C) the Secretary of the Treasury;
"(D) the Commandant of the Coast Guard;
"(E) the Administrator of General Services;
"(F) the American Commissioner on the International Boundary
Commission, United States and Mexico;
"(G) State agencies responsible for transportation and law
enforcement in border States; and
"(H) municipal governments and transportation authorities in
sister cities in the border area.
"(3) Requirements. - In carrying out the assessment, the
Secretary shall -
"(A) assess the flow of commercial and private traffic through
designated ports of entry on the border;
"(B) assess the adequacy of transportation infrastructure in
the border area, including highways, bridges, railway lines, and
border inspection facilities;
"(C) assess the adequacy of law enforcement and narcotics
abatement activities in the border area, as the activities relate
to commercial and private traffic and infrastructure;
"(D) assess future demands on transportation infrastructure in
the border area; and
"(E) make recommendations to facilitate legitimate cross-border
traffic in the border area, while maintaining the integrity of
the border.
"(4) Report. - Not later than 1 year after the date of enactment
of this Act [June 9, 1998], the Secretary shall submit to Congress
a report on the assessment conducted under this subsection,
including any related legislative and administrative
recommendations."
TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION PROGRAM
Pub. L. 109-59, title I, Sec. 1117(a)-(g), Aug. 10, 2005, 119
Stat. 1177, 1178, provided that:
"(a) Establishment. - In cooperation with appropriate State,
tribal, regional, and local governments, the Secretary [of
Transportation] shall establish a comprehensive program to address
the relationships among transportation, community, and system
preservation plans and practices and identify private sector-based
initiatives to improve such relationships.
"(b) Purpose. - Through the program under this section, the
Secretary [of Transportation] shall facilitate the planning,
development, and implementation of strategies to integrate
transportation, community, and system preservation plans and
practices that address one or more of the following:
"(1) Improve the efficiency of the transportation system of the
United States.
"(2) Reduce the impacts of transportation on the environment.
"(3) Reduce the need for costly future investments in public
infrastructure.
"(4) Provide efficient access to jobs, services, and centers of
trade.
"(5) Examine community development patterns and identify
strategies to encourage private sector development that achieves
the purposes identified in paragraphs (1) through (4).
"(c) General Authority. - The Secretary [of Transportation] shall
allocate funds made available to carry out this section to States,
metropolitan planning organizations, local governments, and tribal
governments to carry out eligible projects to integrate
transportation, community, and system preservation plans and
practices.
"(d) Eligibility. - A project described in subsection (c) is an
eligible project under this section if the project -
"(1) is eligible for assistance under title 23 or chapter 53 of
title 49, United States Code; or
"(2) is to conduct any other activity relating to
transportation, community, and system preservation that the
Secretary [of Transportation] determines to be appropriate,
including corridor preservation activities that are necessary to
implement one or more of the following:
"(A) Transit-oriented development plans.
"(B) Traffic calming measures.
"(C) Other coordinated transportation, community, and system
preservation practices.
"(e) Criteria. - In allocating funds made available to carry out
this section, the Secretary [of Transportation] shall give priority
consideration to applicants that -
"(1) have instituted preservation or development plans and
programs that -
"(A) are coordinated with State and local preservation or
development plans, including transit-oriented development
plans;
"(B) promote cost-effective and strategic investments in
transportation infrastructure that minimize adverse impacts on
the environment; or
"(C) promote innovative private sector strategies;
"(2) have instituted other policies to integrate
transportation, community, and system preservation practices,
such as -
"(A) spending policies that direct funds to high-growth
areas;
"(B) urban growth boundaries to guide metropolitan expansion;
"(C) 'green corridors' programs that provide access to major
highway corridors for areas targeted for efficient and compact
development; or
"(D) other similar programs or policies as determined by the
Secretary;
"(3) have preservation or development policies that include a
mechanism for reducing potential impacts of transportation
activities on the environment;
"(4) demonstrate a commitment to public and private
involvement, including the involvement of nontraditional partners
in the project team; and
"(5) examine ways to encourage private sector investments that
address the purposes of this section.
"(f) Equitable Distribution. - In allocating funds to carry out
this section, the Secretary [of Transportation] shall ensure the
equitable distribution of funds to a diversity of populations and
geographic regions.
"(g) Funding. -
"(1) In general. - There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $25,000,000 for fiscal year 2005 and
$61,250,000 for each of fiscal years 2006 through 2009.
"(2) Contract authority. - Funds made available to carry out
this section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code; except that such funds shall not be
transferable, and the Federal share for projects and activities
carried out with such funds shall be determined in accordance
with section 120(b) of title 23, United States Code."
Pub. L. 105-178, title I, Sec. 1221, June 9, 1998, 112 Stat. 221,
as amended by Pub. L. 108-88, Sec. 5(a)(9), Sept. 30, 2003, 117
Stat. 1114; Pub. L. 108-202, Sec. 5(a)(9), Feb. 29, 2004, 118 Stat.
481; Pub. L. 108-224, Sec. 4(a)(9), Apr. 30, 2004, 118 Stat. 629;
Pub. L. 108-263, Sec. 4(a)(9), June 30, 2004, 118 Stat. 700; Pub.
L. 108-280, Sec. 4(a)(9), July 30, 2004, 118 Stat. 879; Pub. L. 108-
310, Sec. 5(a)(9), Sept. 30, 2004, 118 Stat. 1149; Pub. L. 109-14,
Sec. 4(a)(9), May 31, 2005, 119 Stat. 327; Pub. L. 109-20, Sec.
4(a)(9), July 1, 2005, 119 Stat. 348; Pub. L. 109-35, Sec. 4(a)(9),
July 20, 2005, 119 Stat. 381; Pub. L. 109-37, Sec. 4(a)(9), July
22, 2005, 119 Stat. 396; Pub. L. 109-40, Sec. 4(a)(9), July 28,
2005, 119 Stat. 412, which related to a transportation and
community and system preservation pilot program and authorized
appropriations to carry out such program through July 30, 2005, was
repealed by Pub. L. 109-59, title I, Sec. 1117(h), Aug. 10, 2005,
119 Stat. 1179.
TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES
Pub. L. 105-178, title I, Sec. 1223, June 9, 1998, 112 Stat. 224,
as amended by Pub. L. 105-206, title IX, Sec. 9003(j), July 22,
1998, 112 Stat. 842, provided that:
"(a) Purpose. - The purpose of this section is to authorize the
provision of assistance for, and support of, State and local
efforts concerning surface transportation issues necessary to
obtain the national recognition and economic benefits of
participation in the International Olympic movement, the
International Paralympic movement, and the Special Olympics
International movement by hosting international quadrennial Olympic
and Paralympic events, and Special Olympics International events,
in the United States.
"(b) Priority for Transportation Projects Relating to Olympic,
Paralympic, and Special Olympic Events. - Notwithstanding any other
provision of law, from funds available to carry out sections 118(c)
and 144(g)(1) [now 144(f)(1)] of title 23, United States Code, the
Secretary may give priority to funding for a transportation project
relating to an international quadrennial Olympic or Paralympic
event, or a Special Olympics International event, if -
"(1) the project meets the extraordinary needs associated with
an international quadrennial Olympic or Paralympic event or a
Special Olympics International event; and
"(2) the project is otherwise eligible for assistance under
sections 118(c) and 144(g)(1) [now 144(f)(1)] of such title.
"(c) Transportation Planning Activities. - The Secretary may
participate in -
"(1) planning activities of States and metropolitan planning
organizations and transportation projects relating to an
international quadrennial Olympic or Paralympic event, or a
Special Olympics International event, under sections 134 and 135
of title 23, United States Code; and
"(2) developing intermodal transportation plans necessary for
the projects in coordination with State and local transportation
agencies.
"(d) Funding. - Notwithstanding section 5001(a) [112 Stat. 419],
from funds made available under such section, the Secretary may
provide assistance for the development of an Olympic, a Paralympic,
and a Special Olympics transportation management plan in
cooperation with an Olympic Organizing Committee responsible for
hosting, and State and local communities affected by, an
international quadrennial Olympic or Paralympic event or a Special
Olympics International event.
"(e) Transportation Projects Relating to Olympic, Paralympic, and
Special Olympic Events. -
"(1) In general. - The Secretary may provide assistance,
including planning, capital, and operating assistance, to States
and local governments in carrying out transportation projects
relating to an international quadrennial Olympic or Paralympic
event or a Special Olympics International event.
"(2) Federal share. - The Federal share of the cost of a
project assisted under this subsection shall not exceed 80
percent.
"(f) Eligible Governments. - A State or local government shall be
eligible to receive assistance under this section only if the
government is hosting a venue that is part of an international
quadrennial Olympics that is officially selected by the
International Olympic Committee or Special Olympics International.
"(g) Authorization of Appropriations. - There are authorized to
be appropriated from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section such sums as are
necessary for each of fiscal years 1998 through 2003."
DISCRETIONARY GRANT SELECTION CRITERIA AND PROCESS
Pub. L. 105-178, title I, Sec. 1311, as added by Pub. L. 105-206,
title IX, Sec. 9004(a), July 22, 1998, 112 Stat. 842, provided
that:
"(a) Establishment of Criteria. - The Secretary shall establish
criteria for all discretionary programs funded from the Highway
Trust Fund (other than the Mass Transit Account). To the extent
practicable, such criteria shall conform to the Executive Order No.
12893 [31 U.S.C. 501 note] (relating to infrastructure investment).
"(b) Selection Process. -
"(1) Limitation on acceptance of applications. - Before
accepting applications for grants under any discretionary program
for which funds are authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) by this
Act [see Tables for classification] (including the amendments
made by this Act), the Secretary shall publish the criteria
established under subsection (a). Such publication shall identify
all statutory criteria and any criteria established by regulation
that will apply to the program.
"(2) Explanation. - Not less often than quarterly, the
Secretary shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a list of the
projects selected under discretionary programs funded from the
Highway Trust Fund (other than the Mass Transit Account) and an
explanation of how the projects were selected based on the
criteria established under subsection (a).
"(c) Minimum Covered Programs. - At a minimum, the criteria
established under subsection (a) and the selection process
established by subsection (b) shall apply to the following
programs:
"(1) The intelligent transportation system deployment program
under title V [see Tables for classification].
"(2) The national corridor planning and development program.
"(3) The coordinated border infrastructure and safety program.
"(4) The construction of ferry boats and ferry terminal
facilities.
"(5) The national scenic byways program.
"(6) The Interstate discretionary program.
"(7) The discretionary bridge program."
COMPLIANCE WITH BUY AMERICAN ACT
Pub. L. 104-59, title III, Sec. 359(c), Nov. 28, 1995, 109 Stat.
627, directed Secretary of Transportation to conduct a study on
compliance with Buy American Act (see 41 U.S.C. 8301 et seq.) with
respect to contracts entered into using amounts made available from
Highway Trust Fund and not later than 1 year after Nov. 28, 1995,
transmit to Congress report on results.
DISADVANTAGED BUSINESS ENTERPRISES
Pub. L. 111-147, title IV, Sec. 451, Mar. 18, 2010, 124 Stat. 96,
provided that:
"(a) Definitions. - In this section, the following definitions
apply:
"(1) Small business concern. - The term 'small business
concern' has the meaning that term has under section 3 of the
Small Business Act (15 U.S.C. 632), except that the term shall
not include any concern or group of concerns controlled by the
same socially and economically disadvantaged individual or
individuals which has average annual gross receipts over the
preceding 3 fiscal years in excess of $22,410,000, as adjusted
annually by the Secretary of Transportation for inflation.
"(2) Socially and economically disadvantaged individuals. - The
term 'socially and economically disadvantaged individuals' has
the meaning that term has under section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) and relevant subcontracting
regulations issued pursuant to that Act [15 U.S.C. 631 et seq.],
except that women shall be presumed to be socially and
economically disadvantaged individuals for purposes of this
section.
"(b) General Rule. - Except to the extent that the Secretary of
Transportation determines otherwise, not less than 10 percent of
the amounts made available for any program under titles I, III, and
V of SAFETEA-LU (Public Law 109-59) [see Tables for
classification], subtitles A and C of this title [subtitles A
(Secs. 411-414) and C (Secs. 431-437) of title IV of Pub. L. 111-
147, amending sections 5305, 5307, 5309, 5311, 5337, and 5338 of
Title 49, Transportation, and provisions set out as notes under
sections 5309, 5310, and 5338 of Title 49], and section 403 of
title 23, United States Code, shall be expended through small
business concerns owned and controlled by socially and economically
disadvantaged individuals.
"(c) Annual Listing of Disadvantaged Business Enterprises. - Each
State shall annually
"(1) survey and compile a list of the small business concerns
referred to in subsection (a) and the location of the concerns in
the State; and
"(2) notify the Secretary of Transportation, in writing, of the
percentage of the concerns that are controlled by women, by
socially and economically disadvantaged individuals (other than
women), and by individuals who are women and are otherwise
socially and economically disadvantaged individuals.
"(d) Uniform Certification. - The Secretary of Transportation
shall establish minimum uniform criteria for State governments to
use in certifying whether a concern qualifies for purposes of this
section. The minimum uniform criteria shall include, but not be
limited to, on-site visits, personal interviews, licenses, analysis
of stock ownership, listing of equipment, analysis of bonding
capacity, listing of work completed, resume of principal owners,
financial capacity, and type of work preferred.
"(e) Compliance With Court Orders. - Nothing in this section
limits the eligibility of an entity or person to receive funds made
available under titles I, III, and V of SAFETEA-LU (Public Law 109-
59), subtitles A and C of this title, and section 403 of title 23,
United States Code, if the entity or person is prevented, in whole
or in part, from complying with subsection (b) because a Federal
court issues a final order in which the court finds that the
requirement of subsection (b), or the program established under
subsection (b), is unconstitutional."
Similar provisions were contained in the following prior acts:
Pub. L. 109-59, title I, Sec. 1101(b), Aug. 10, 2005, 119 Stat.
1156, as amended by Pub. L. 110-244, title I, Sec. 101(a), June 6,
2008, 122 Stat. 1573.
Pub. L. 105-178, title I, Sec. 1101(b), June 9, 1998, 112 Stat.
113.
Pub. L. 102-240, title I, Sec. 1003(b), Dec. 18, 1991, 105 Stat.
1919.
Pub. L. 100-17, title I, Sec. 106(c), Apr. 2, 1987, 101 Stat.
145.
Pub. L. 109-14, Sec. 7(s), May 31, 2005, 119 Stat. 334, provided
that: "Amounts made available under the amendments made by this
section [amending sections 5307, 5309, and 5338 of Title 49,
Transportation, and provisions set out as notes under section 322
of this title and sections 5307, 5309, 5310, and 5338 of Title 49]
shall be treated for purposes of section 1101(b) of the
Transportation Equity Act for the 21st Century [Pub. L. 105-178]
(23 U.S.C. 101 note) as amounts made available for programs under
title III of such Act [see Tables for classification]."
Similar provisions were contained in the following prior acts:
Pub. L. 108-310, Sec. 8(t), Sept. 30, 2004, 118 Stat. 1158.
Pub. L. 108-88, Sec. 8(t), Sept. 30, 2003, 117 Stat. 1126, as
amended by Pub. L. 108-202, Sec. 9(t), Feb. 29, 2004, 118 Stat.
489; Pub. L. 108-224, Sec. 7(t), Apr. 30, 2004, 118 Stat. 637; Pub.
L. 108-263, Sec. 7(t), June 30, 2004, 118 Stat. 708; Pub. L. 108-
280, Sec. 7(t), July 30, 2004, 118 Stat. 885.
HIGHWAY USE TAX EVASION PROJECTS
Pub. L. 102-240, title I, Sec. 1040, Dec. 18, 1991, 105 Stat.
1992, as amended by Pub. L. 104-59, title III, Sec. 325(f), Nov.
28, 1995, 109 Stat. 592; Pub. L. 104-66, title I, Sec. 1122(b),
Dec. 21, 1995, 109 Stat. 725; Pub. L. 105-130, Sec. 5(c)(1), Dec.
1, 1997, 111 Stat. 2557, related to highway use tax evasion
projects, prior to repeal by Pub. L. 105-178, title I, Sec.
1114(b)(2), June 9, 1998, 112 Stat. 154. See section 143 of this
title.
SCENIC BYWAYS PROGRAM
Section 1047 of Pub. L. 102-240, as amended by Pub. L. 105-130,
Sec. 5(c)(2), Dec. 1, 1997, 111 Stat. 2557, provided that:
"(a) Scenic Byways Advisory Committee. -
"(1) Establishment. - Not later than 180 days after the date of
the enactment of this Act [Dec. 18, 1991], the Secretary shall
establish in the Department of Transportation an advisory
committee to assist the Secretary with respect to establishment
of a national scenic byways program under title 23, United States
Code.
"(2) Membership. - The advisory committee established under
this section shall be composed of 17 members as follows:
"(A) The Administrator of the Federal Highway Administration
or the designee of the Administrator who shall serve as
chairman of the advisory committee.
"(B) The Chief of the Forest Service of the Department of
Agriculture or the designee of the Chief.
"(C) The Director of the National Park Service of the
Department of the Interior or the designee of the Director.
"(D) The Director of the Bureau of Land Management of the
Department of the Interior or the designee of the Director.
"(E) The Under Secretary for Travel and Tourism of the
Department of Commerce or the designee of the Under Secretary.
"(F) The Assistant Secretary for Indian Affairs of the
Department of the Interior or the designee of the Assistant
Secretary.
"(G) 1 individual appointed by the Secretary who is specially
qualified to represent the interests of conservationists on the
advisory committee.
"(H) 1 individual appointed by the Secretary of
Transportation who is specially qualified to represent the
interests of recreational users of scenic byways on the
advisory committee.
"(I) 1 individual appointed by the Secretary who is specially
qualified to represent the interests of the tourism industry on
the advisory committee.
"(J) 1 individual appointed by the Secretary who is specially
qualified to represent the interests of historic
preservationists on the advisory committee.
"(K) 1 individual appointed by the Secretary who is specially
qualified to represent the interests of highway users on the
advisory committee.
"(L) 1 individual appointed by the Secretary to represent
State highway and transportation officials.
"(M) 1 individual appointed by the Secretary to represent
local highway and transportation officials.
"(N) 1 individual appointed by the Secretary who is specially
qualified to serve on the advisory committee as a planner.
"(O) 1 individual appointed by the Secretary who is specially
qualified to represent the motoring public.
"(P) 1 individual appointed by the Secretary who is specially
qualified to represent groups interested in scenic
preservation.
"(Q) 1 individual appointed by the Secretary who represents
the outdoor advertising industry.
Individuals appointed as members of the advisory committee under
subparagraphs (G) through (P) may be State and local government
officials. Members shall serve without compensation other than
for reasonable expenses incident to functions of the advisory
committee.
"(3) Functions. - The advisory committee established under this
subsection shall develop and make to the Secretary
recommendations regarding minimum criteria for use by State and
Federal agencies in designating highways as scenic byways and as
all-American roads for purposes of a national scenic byways
program to be established under title 23, United States Code.
Such recommendations shall include recommendations on the
following:
"(A) Consideration of the scenic beauty and historic
significance of highways proposed for designation as scenic
byways and all-American roads and the areas surrounding such
highways.
"(B) Operation and management standards for highways
designated as scenic byways and all-American roads, including
strategies for maintaining or improving the qualities for which
a highway is designated as a scenic byway or all-American road,
for protecting and enhancing the landscape and view corridors
surrounding such a highway, and for minimizing traffic
congestion on such a highway.
"(C)(i) Standards for scenic byway-related signs, including
those which identify highways as scenic byways and all-American
roads.
"(ii) The advisability of uniform signs identifying highways
as components of the scenic byway system.
"(D) Standards for maintaining highway safety on the scenic
byway system.
"(E) Design review procedures for location of highway
facilities, landscaping, and travelers' facilities on the
scenic byway system.
"(F) Procedures for reviewing and terminating the designation
of a highway designated as a scenic byway.
"(G) Such other matters as the advisory committee may deem
appropriate.
"(H) Such other matters for which the Secretary may request
recommendations.
"(4) Report. - Not later than 18 months after the date of the
enactment of this Act [Dec. 18, 1991], the advisory committee
established under this section shall submit to the Secretary and
Congress a report containing the recommendations described in
paragraph (3).
"(b) Technical and Financial Assistance. - The Secretary shall
provide technical assistance to the States (as such term is defined
under section 101 of title 23, United States Code) and shall make
grants to the States for the planning, design, and development of
State scenic byway programs.
"(c) Federal Share. - The Federal share payable for the costs of
planning, design, and development of State scenic byway programs
under this section shall be 80 percent.
"(d) Funding. - There shall be available to the Secretary for
carrying out this section (other than subsection (f)), out of the
Highway Trust Fund (other than the Mass Transit Account),
$1,000,000 for fiscal year 1992, $3,000,000 for fiscal year 1993,
$4,000,000 for fiscal year 1994, $14,000,000 for each of the fiscal
years 1995, 1996, and 1997, and $7,000,000 for the period of
October 1, 1997, through March 31, 1998. Such sums shall remain
available until expended.
"(e) Contract Authority. - Notwithstanding any other provision of
law, approval by the Secretary of a grant under this section shall
be deemed a contractual obligation of the United States for payment
of the Federal share of the cost of activities for which the grant
is being made.
"(f) Interim Scenic Byways Program. -
"(1) Grant program. - During fiscal years 1992, 1993, and 1994,
the Secretary may make grants to any State which has a scenic
highway program for carrying out eligible projects on highways
which the State has designated as scenic byways.
"(2) Priority projects. - In making grants under paragraph (1),
the Secretary shall give priority to -
"(A) those eligible projects which are included in a corridor
management plan for maintaining scenic, historic, recreational,
cultural, and archeological characteristics of the corridor
while providing for accommodation of increased tourism and
development of related amenities;
"(B) those eligible projects for which a strong local
commitment is demonstrated for implementing the management
plans and protecting the characteristics for which the highway
is likely to be designated as a scenic byway;
"(C) those eligible projects which are included in programs
which can serve as models for other States to follow when
establishing and designing scenic byways on an intrastate or
interstate basis; and
"(D) those eligible projects in multi-State corridors where
the States submit joint applications.
"(3) Eligible projects. - The following are projects which are
eligible for Federal assistance under this subsection:
"(A) Planning, design, and development of State scenic byway
programs.
"(B) Making safety improvements to a highway designated as a
scenic byway under this subsection to the extent such
improvements are necessary to accommodate increased traffic,
and changes in the types of vehicles using the highway, due to
such designation.
"(C) Construction along the highway of facilities for the use
of pedestrians and bicyclists, rest areas, turnouts, highway
shoulder improvements, passing lanes, overlooks, and
interpretive facilities.
"(D) Improvements to the highway which will enhance access to
an area for the purpose of recreation, including water-related
recreation.
"(E) Protecting historical and cultural resources in areas
adjacent to the highway.
"(F) Developing and providing tourist information to the
public, including interpretive information about the scenic
byway.
"(4) Federal share. - The Federal share payable for the costs
of carrying out projects and developing programs under this
subsection with funds made available pursuant to this subsection
shall be 80 percent.
"(5) Funding. - There shall be available to the Secretary for
carrying out this subsection, out of the Highway Trust Fund
(other than the Mass Transit Account), $10,000,000 for fiscal
year 1992, $10,000,000 for fiscal year 1993, and $10,000,000 for
fiscal year 1994. Such sums shall remain available until
expended.
"(g) Limitation. - The Secretary shall not make a grant under
this section for any project which would not protect the scenic,
historic, recreational, cultural, natural, and archeological
integrity of the highway and adjacent area. The Secretary may not
use more than 10 percent of the funds authorized for each fiscal
year under subsection (f)(5) for removal of any outdoor advertising
sign, display, or device.
"(h) Treatment of Scenic Highways in Oregon. - For purposes of
this section, a highway designated as a scenic highway in the State
of Oregon shall be treated as a scenic byway."
COMMEMORATION OF DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND
DEFENSE HIGHWAYS
Section 6012 of Pub. L. 102-240 provided that:
"(a) Study. - The Secretary shall conduct a study to determine an
appropriate symbol or emblem to be placed on highway signs
referring to the Interstate System to commemorate the vision of
President Dwight D. Eisenhower in creating the Dwight D. Eisenhower
National System of Interstate and Defense Highways [now Dwight D.
Eisenhower System of Interstate and Defense Highways].
"(b) Report. - Not later than 1 year after the date of the
enactment of this Act [Dec. 18, 1991], the Secretary shall transmit
to Congress a report on the results of the study under this
section."
DESIGNATION OF NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS
AS THE DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND DEFENSE
HIGHWAYS
Pub. L. 101-427, Oct. 15, 1990, 104 Stat. 927, as amended by Pub.
L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304; Pub. L. 108-
178, Sec. 2(b)(3), Dec. 15, 2003, 117 Stat. 2640, provided: "That -
"(a) notwithstanding any other provision of law, The National
System of Interstate and Defense Highways shall be redesignated
as 'The Dwight D. Eisenhower System of Interstate and Defense
Highways'; and
"(b) any reference before the date of enactment of this Act
[Oct. 15, 1990] in any provision of law, regulation, map, sign,
or otherwise to The National System of Interstate and Defense
Highways shall be deemed to refer, on and after such date, to The
Dwight D. Eisenhower System of Interstate and Defense Highways."
SIGNS IDENTIFYING FUNDING SOURCES
Pub. L. 100-17, title I, Sec. 154, Apr. 2, 1987, 101 Stat. 209,
which related to erection of signs indicating sources of funding on
projects under construction with funds from the Highway Trust Fund,
was repealed and restated in section 321 of this title by Pub. L.
109-59, title I, Sec. 1901(a), (c), Aug. 10, 2005, 119 Stat. 1464.
ELIGIBILITY FOR FEDERAL-AID HIGHWAY FUNDS OF PROJECTS INVOLVING
IMPROVEMENTS IN VICINITY OF INTERCHANGES NECESSARY TO UPGRADE
SAFETY OF PRIMARY ROUTES NOT ON COMMON ALIGNMENT WITH INTERSTATE
ROUTE
Section 128 of Pub. L. 97-424 provided that: "In any case where a
project involving a Federal-aid primary route not on the Interstate
System, and a route on the Interstate System which was originally
constructed without the expenditure of any funds authorized under
section 108(b) of the Federal-Aid Highway Act of 1956, as amended
[set out as a note below], and was subsequently added to the
Interstate System, both occupying a common alignment and having
elements which have been approved in concept by the Secretary of
Transportation as part of a project providing for the upgrading of
an interchange on such Interstate route, the cost of improvements
in the vicinity of the interchange necessary to upgrade the safety
of that part of such Federal-aid primary route not on a common
alignment with such Interstate route in an environmentally
acceptable manner shall be eligible for the expenditure of funds
authorized by such section 108(b)."
STUDY OF FUTURE TRANSPORTATION PROFESSIONAL MANPOWER NEEDS; REPORT
Section 135 of Pub. L. 97-424 provided that: "The Secretary of
Transportation shall undertake to enter into appropriate
arrangements with the National Academy of Sciences' Transportation
Research Board to conduct a comprehensive study and investigation
of future transportation professional manpower needs, including but
not limited to prevailing methods of recruitment, training, and
financial and other incentives and disincentives which encourage or
discourage retention in service of such professional manpower by
Federal, State, and local governments. In entering into any
arrangement with the National Academy of Sciences for conducting
such study and investigation, the Secretary shall request the
National Academy of Sciences to report to the Secretary and the
Congress not later than two years after the enactment of this Act
[Jan. 6, 1983] on the results of such study and investigation,
together with its recommendations. The Secretary shall furnish to
the Academy at its request any information which the Academy deems
necessary for the purpose of conducting the study and investigation
authorized by this section."
CHANGE IN LOCATION OF INTERSTATE SEGMENTS
Section 139 of Pub. L. 97-424, as amended by Pub. L. 100-457,
title III, Sec. 348, Sept. 30, 1988, 102 Stat. 2156, provided that:
"(a) Notwithstanding the provisions of section 4(b) of the
Federal-Aid Highway Act of 1981 [section 4(b) of Pub. L. 97-134,
which amended section 108(b) of the Federal-Aid Highway Act of
1956, set out as a note under this section] the Secretary of
Transportation may approve a change in location of any Interstate
route or segment and approve, in lieu thereof, the construction of
such Interstate route or segment on a new location if the original
location of such route or segment meets the following criteria: (1)
it has been designated under section 103(e) of title 23, United
States Code; (2) it is serving Interstate travel as of the date of
enactment of this section [Jan. 6, 1983]; (3) it requires
improvements which are eligible under the Federal-Aid Highway Act
of 1981 [see Short Title of 1981 Amendments note above] and which
would either involve major modifications in order to meet
acceptable standards or result in severe environmental impacts and
such major modifications or mitigation measures relating to the
environmental impacts are not cost effective. The cost of the
construction of such Interstate route or segment on new location
with funds available under section 108(b) of the Federal-Aid
Highway Act of 1956, as amended [set out as a note below], shall
not exceed the estimated cost of the eligible improvements on the
original location as eligible under the Federal-Aid Highway Act of
1981 and included in the 1983 interstate cost estimate as approved
by the Congress. Such cost shall be increased or decreased, as
determined by the Secretary, based on changes in construction costs
of the original location of the route or segment as of the date of
approval of each project on the new location. Upon approval of a
new location, and funds apportioned under section 104(b)(5)(A) of
title 23, United States Code, which were expended on the route or
segment in the original location shall be refunded to the Highway
Trust Fund and credited to the unobligated balance of the State's
apportionment made under section 104(b)(5)(A) of title 23, United
States Code, and other eligible Federal-aid highway funds may be
substituted in lieu thereof at the appropriate Federal share.
"(b) Where the Secretary of Transportation approves a relocation
of an Interstate route or segment under the provisions of
subsection (a) of this section, such route or segment shall not be
eligible for withdrawal under the provisions of section 103(e)(4)
of title 23, United States Code, and shall be subject to the
Interstate System completion deadlines provided in subsections (d)
and (e) of section 107 of the Surface Transportation Assistance Act
of 1978 [section 107(d), (e) of Pub. L. 95-599, set out as a note
under section 103 of this title] or subject to Interstate System
completion deadlines as may be determined by Congress.
"(c) Notwithstanding any other provision of this section or of
any other provision of law, any project involving the relocation of
any Interstate route or segment that is approved by the Secretary
of Transportation under subsection (a) shall be eligible for
discretionary funds made available under section 118(b)(2)(B) of
title 23, United States Code."
BUY AMERICA
Pub. L. 97-424, title I, Sec. 165, Jan. 6, 1983, 96 Stat. 2136,
as amended by Pub. L. 98-229, Sec. 10, Mar. 9, 1984, 98 Stat. 57;
Pub. L. 100-17, title I, Secs. 133(a)(6), 337(a)(1), (b), (c), Apr.
2, 1987, 101 Stat. 171, 241; Pub. L. 102-240, title I, Sec. 1048,
title III, Sec. 3003(b), Dec. 18, 1991, 105 Stat. 1999, 2088; Pub.
L. 103-272, Sec. 4(r), July 5, 1994, 108 Stat. 1371; Pub. L. 103-
429, Sec. 7(a)(3)(E), Oct. 31, 1994, 108 Stat. 4389, which
prohibited obligation of funds unless steel, iron, and manufactured
products used in the project had been produced in the United
States, was repealed and restated in section 313 of this title by
Pub. L. 109-59, title I, Sec. 1903(a), (d), Aug. 10, 2005, 119
Stat. 1464, 1465.
USE OF ARTICLES MINED OR MANUFACTURED IN UNITED STATES
Pub. L. 95-599, title IV, Sec. 401, Nov. 6, 1978, 92 Stat. 2756,
as amended by Pub. L. 97-327, Sec. 6, Oct. 15, 1982, 96 Stat. 1613,
which required that articles, materials, and supplies used in
projects administered by Department of Transportation be mined or
produced in United States, was repealed by Pub. L. 97-424, title I,
Sec. 165(e), Jan. 6, 1983, 96 Stat. 2137.
INTERCITY PORTIONS OF INTERSTATE SYSTEM; CONSTRUCTION OF PROJECTS;
REPORT TO CONGRESS; EXEMPTION
Section 102(b) of Pub. L. 94-280 provided that at least 30
percent of the apportionment made to each State for each of the
fiscal years ending Sept. 30, 1978, and Sept. 30, 1979, of the sums
authorized in section 102(a) of Pub. L. 94-280 be expended by such
State for projects for the construction of intercity portions which
would close essential gaps in the Interstate System and provide a
continuous System; that the Secretary of Transportation report to
Congress before Oct. 1, 1976, on those intercity portions of the
Interstate System the construction of which would be needed to
close essential gaps in the System; and that a State which did not
have sufficient projects to meet the 30 percent requirement would,
upon approval of the Secretary of Transportation, be exempt from
the requirement to the extent of such inability.
INTERSTATE SYSTEM; PROHIBITION OF OBLIGATION OF FUNDS FOR
RESURFACING, RESTORATION, OR REHABILITATION PROJECTS
Section 102(c) of Pub. L. 94-280 provided that no part of the
funds authorized by section 108(b) of the Federal-Aid Highway Act
of 1956, as amended [set out as a note below], for the Interstate
System, shall be obligated for any project for resurfacing,
restoring, or rehabilitating any portion of the Interstate System.
INTERSTATE FUNDING STUDY; REPORT AND RECOMMENDATIONS TO CONGRESS
Section 150 of Pub. L. 94-280 directed Secretary of
Transportation to undertake a complete study of the financing of
completion of the Interstate Highway System and report to Congress
within nine months the results of the study, and to submit to
Congress within one year his recommendations regarding the need to
provide Federal financial assistance for resurfacing, restoration,
and rehabilitation of routes of the System together with results of
a study of alternative means of assuring that the high level of
transportation service provided by the System is maintained.
STUDY OF HIGHWAY NEEDS TO SOLVE ENERGY PROBLEMS; INVESTIGATION AND
STUDY; REPORT TO CONGRESS
Section 153 of Pub. L. 94-280 directed Secretary of
Transportation to make an investigation and study for the purpose
of determining the need for special Federal assistance in the
construction or reconstruction of highways on the Federal-aid
system necessary for the transportation of coal or other uses in
order to promote the solution of the Nation's energy problems; that
such study include appropriate consultations with the Secretary of
the Interior, the Administrator of the Federal Energy
Administration, and other appropriate Federal and State officials;
that the Secretary report the results of such investigation and
study together with his recommendations, to the Congress not later
than one year after May 5, 1976; and that, in order to carry out
the study, the Secretary use such funds as were available to him
for such purposes under section 104(a) of this title.
NATIONAL TRANSPORTATION POLICY STUDY COMMISSION; ESTABLISHMENT;
TERMINATION; ETC.
Section 154 of Pub. L. 94-280, as amended by Pub. L. 95-599,
title I, Sec. 137(a), (b)(1), Nov. 6, 1978, 92 Stat. 2710,
established National Transportation Policy Study Commission;
directed Commission, not later than July 1, 1979, to make an
investigation and study and report to the President and Congress on
the transportation needs and the resources, requirements, and
policies of the United States to meet such expected needs; and
provided for the Commission to terminate six months after the
report.
CONSENT OF GOVERNING BODY FOR EXPENDITURE OF FUNDS
Section 102(d) of Pub. L. 93-643 provided that no funds
appropriated under the expanded definition of this section [23
U.S.C. 101(a)] shall be expended without the formal consent of the
governing body of the tribe band or group of Indians or Alaskan
Natives for whose use the Indian reservation roads and bridges are
intended."
CARPOOL DEMONSTRATION PROJECTS IN URBAN AREAS; APPROPRIATIONS
AUTHORIZATION
Section 120(b) of Pub. L. 93-643, relating to grants for
demonstration projects designed to encourage the use of carpools in
urban areas, was repealed by Pub. L. 95-599, title I, Sec. 126(b),
Nov. 6, 1978, 92 Stat. 2706. See section 146 of this title.
EMERGENCY HIGHWAY ENERGY CONSERVATION
Pub. L. 93-239, Secs. 1-3, Jan. 2, 1974, 87 Stat. 1046, 1047, as
amended by Pub. L. 93-643, Secs. 114(c), 120(a), Jan. 4, 1975, 83
Stat. 2286, 2289; Pub. L. 94-280, title I, Sec. 143, May 5, 1976,
90 Stat. 445; Pub. L. 95-599, title I, Sec. 126(b), Nov. 6, 1978,
92 Stat. 2706, provided:
"[Section 1. Short title]. That this Act be cited as the
'Emergency Highway Energy Conservation Act'.
"Sec. 2. [Repealed. Pub. L. 93-643, Sec. 114(c), Jan. 4, 1975, 88
Stat. 2086.]
"Sec. 3. [Repealed. Pub. L. 95-599, title I, Sec. 126(b), Nov. 6,
1978, 92 Stat. 2706.]"
Section 4 of Pub. L. 93-239 amended section 601(d) of Federal
Aviation Act of 1958, as amended [section 1421(d) of former Title
49, Transportation], relating to emergency locator transmitters.
FUTURE HIGHWAY NEEDS: REPORTS TO CONGRESS
Section 121 of Pub. L. 91-605 provided that:
"(a) The Secretary of Transportation shall develop and include in
the report of Congress required to be submitted in January 1972, by
section 3 of the Act of August 28, 1965 (79 Stat. 578; Public Law
89-139) [set out below], specific recommendations for the
functional realinement of the Federal-aid systems. These
recommendations shall be based on the functional classification
study made in cooperation with the State highway departments and
local governments as required by the Federal-Aid Highway Act of
1968 [see section 17 of Pub. L. 90-495, set out as a note below]
and submitted to the Congress in 1970, and the functional
classification study now underway of the Federal-aid systems in
1990.
"(b) As a part of the future highway needs report to be submitted
to Congress in January 1972, the Secretary shall also make
recommendations to the Congress for a continuing Federal-aid
highway program for the period 1976 to 1990. The needs estimates to
be used in developing such programs shall be in conformance with
the functional classification studies referred to in subsection (a)
of this section and the recommendations for the functional
realinement required by such subsection.
"(c) The recommendations required by subsections (a) and (b) of
this section shall be determined on the basis of studies now being
conducted by the Secretary in cooperation with the State highway
departments and local governments, and, in urban areas of more than
fifty thousand population, utilizing the cooperative continuing
comprehensive transportation planning process conducted in
accordance with section 134 of title 23, United States Code. The
highway needs estimates prepared by the States in connection with
this report to Congress shall be submitted to Congress by the
Secretary, together with his recommendations.
"(d) As a part of the future highway needs report to be submitted
to Congress on January 1972, the Secretary shall report to Congress
the Federal-aid urban system as designated, and the cost of its
construction."
Pub. L. 89-139, Sec. 3, Aug. 28, 1965, 79 Stat. 578, which had
required the submitting of a report to Congress every second year
as to the estimates of the future highway needs of the Nation, and
Pub. L. 90-495, Sec. 17, Aug. 23, 1968, 82 Stat. 823, which had
required that the report include the results of a systematic
nationwide functional highway classification study, were repealed
by Pub. L. 97-424, title I, Sec. 160(b), Jan. 6, 1983, 96 Stat.
2135.
STUDIES OF NEED FOR AND SURVEY OF HIGHWAY CONSTRUCTION PROGRAMS FOR
GUAM, AMERICAN SAMOA, AND THE VIRGIN ISLANDS
Pub. L. 90-495, Sec. 29, Aug. 23, 1968, 82 Stat. 830, directed
the Secretary of Transportation, in cooperation with the government
of Guam, the government of American Samoa, and the government of
the Virgin Islands, to make studies of the need for, and estimates
and planning surveys relative to, highway construction programs for
Guam, American Samoa, and the Virgin Islands, and to submit a
report to Congress on or before April 1, 1969.
Pub. L. 89-574, Sec. 13, Sept. 13, 1966, 80 Stat. 770, as amended
by Pub. L. 97-449, Sec. 2(a), Jan. 2, 1983, 96 Stat. 2439, directed
the Secretary, in cooperation with the government of Guam, the
government of American Samoa, and the government of the Virgin
Islands to make studies of the need for, and estimates and planning
surveys relative to, highway construction programs for Guam,
American Samoa, and the Virgin Islands, and to submit a report to
Congress on or before July 1, 1967.
REPORT AND RECOMMENDATIONS OF SECRETARY OF COMMERCE
Section 5 of Pub. L. 85-767 directed Secretary of Commerce to
submit to Congress not later than Feb. 1, 1959, a report on
progress made in attaining objectives set forth in this section,
together with recommendations.
SECTION 108(B) OF THE FEDERAL-AID HIGHWAY ACT OF 1956
Section 108(b) of act June 29, 1956, ch. 462, title I, 70 Stat.
378, as amended by Pub. L. 85-381, Sec. 7(a), Apr. 16, 1958, 72
Stat. 93; Pub. L. 86-342, title I, Sec. 102, Sept. 21, 1959, 73
Stat. 611; Pub. L. 87-61, title I Sec. 103, June 29, 1961, 75 Stat.
122; Pub. L. 89-139, Sec. 1, Aug. 28, 1965, 79 Stat. 578; Pub. L.
89-574, Sec. 2, Sept. 13, 1966, 80 Stat. 766; Pub. L. 90-495, Sec.
2, Aug. 23, 1968, 82 Stat. 815; Pub. L. 91-605 title I, Secs. 102,
106(b)(1), Dec. 31, 1970, 84 Stat. 1714, 1716; Pub. L. 93-87, title
I, Sec. 102, Aug. 13, 1973, 87 Stat. 250; Pub. L. 94-280, title I,
Sec. 102(a), May 5, 1976, 90 Stat. 425; Pub. L. 95-599, title I,
Sec. 102, Nov. 6, 1978, 92 Stat. 2689; Pub. L. 97-134, Sec. 4(a),
(b), Dec. 29, 1981, 95 Stat. 1700; Pub. L. 97-327, Sec. 2, Oct. 15,
1982, 96 Stat. 1611; Pub. L. 97-424, title I, Secs. 102, 127(a),
Jan. 6, 1983, 96 Stat. 2097, 2117; Pub. L. 100-17, title I, Secs.
104, 138, Apr. 2, 1987, 101 Stat. 142, 175; Pub. L. 102-240, title
I, Sec. 1001(f), Dec. 18, 1991, 105 Stat. 1916; Pub. L. 103-331,
title III, Sec. 335(c), Sept. 30, 1994, 108 Stat. 2494, provided
that: "For the purpose of expediting the construction,
reconstruction, or improvement, inclusive of necessary bridges and
tunnels, of the Interstate System, including extensions thereof
through urban areas, designated in accordance with the provisions
of subsection (e) of section 103 of title 23, United States Code,
there is hereby authorized to be appropriated the additional sum of
$1,000,000,000 for the fiscal year ending June 30, 1957, which sum
shall be in addition to the authorization heretofore made for that
year, the additional sum of $1,700,000,000 for the fiscal year
ending June 30, 1958, the additional sum of $2,200,000,000 for the
fiscal year ending June 30, 1959, the additional sum of
$2,500,000,000 for the fiscal year ending June 30, 1960, the
additional sum of $1,800,000,000 for the fiscal year ending June
30, 1961, the additional sum of $2,200,000,000 for the fiscal year
ending June 30, 1962, the additional sum of $2,400,000,000 for the
fiscal year ending June 30, 1963, the additional sum of
$2,600,000,000 for the fiscal year ending June 30, 1964, the
additional sum of $2,700,000,000 for the fiscal year ending June
30, 1965, the additional sum of $2,800,000,000 for the fiscal year
ending June 30, 1966, the additional sum of $3,000,000,000 for the
fiscal year ending June 30, 1967, the additional sum of
$3,400,000,000 for the fiscal year ending June 30, 1968, the
additional sum of $3,800,000,000 for the fiscal year ending June
30, 1969, the additional sum of $4,000,000,000 for the fiscal year
ending June 30, 1970, the additional sum of $4,000,000,000 for the
fiscal year ending June 30, 1971, the additional sum of
$4,000,000,000 for the fiscal year ending June 30, 1972, the
additional sum of $4,000,000,000 for the fiscal year ending June
30, 1973, the additional sum of $2,600,000,000 for the fiscal year
ending June 30, 1974, the additional sum of $3,000,000,000 for the
fiscal year ending June 30, 1975, the additional sum of
$3,000,000,000 for the fiscal year ending June 30, 1976, the
additional sum of $3,250,000,000 for the fiscal year ending June
30, 1977, the additional sum of $3,250,000,000 for the fiscal year
ending September 30, 1978, the additional sum of $3,250,000,000 for
the fiscal year ending September 30, 1979, the additional sum of
$3,250,000,000 for the fiscal year ending September 30, 1980, the
additional sum of $3,500,000,000 for the fiscal year ending
September 30, 1981, the additional sum of $3,500,000,000 for the
fiscal year ending September 30, 1982, the additional sum of
$3,100,000,000 for the fiscal year ending September 30, 1983, the
additional sum of $4,000,000,000 for the fiscal year ending
September 30, 1984, the additional sum of $4,000,000,000 for the
fiscal year ending September 30, 1985, the additional sum of
$4,000,000,000 for the fiscal year ending September 30, 1986, the
additional sum of $4,000,000,000 for the fiscal year ending
September 30, 1987, the additional sum of $3,000,000,000 for the
fiscal year ending September 30, 1988, the additional sum of
$3,150,000,000 for the fiscal year ending September 30, 1989, the
additional sum of $3,150,000,000 for the fiscal year ending
September 30, 1990, the additional sum of $3,150,000,000 for the
fiscal year ending September 30, 1991, the additional sum of
$3,150,000,000 for the fiscal year ending September 30, 1992, the
additional sum of $1,800,000,000 for the fiscal year ending
September 30, 1993, the additional sum of $1,800,000,000 for the
fiscal year ending September 30, 1994, the additional sum of
$1,800,000,000 for the fiscal year ending September 30, 1995, and
the additional sum of $1,800,000,000, reduced by the amount made
available under section 1045(b)(1)(B) of the Intermodal Surface
Transportation Efficiency Act of 1991 [Pub. L. 102-240, as amended
by Pub. L. 103-331, title III, Sec. 335(a), Sept. 30, 1994, 108
Stat. 2494, which is not classified to the Code], for the fiscal
year ending September 30, 1996. Nothing in this subsection shall be
construed to authorize the appropriation of any sums to carry out
sections 131, 136, or 319(b) of title 23, United States Code, or
any provision of law relating to highway safety enacted after May
1, 1966. Beginning with funds authorized to be appropriated for
fiscal year 1980, no such funds shall be available for projects to
expand or clear zones immediately adjacent to the paved roadway of
routes designed prior to February, 1967. Effective on and after the
date of enactment of this sentence [Dec. 29, 1981], the obligation
of funds authorized by this subsection, except for advance
construction interstate projects approved before the date of
enactment of this sentence, shall be limited to the construction
necessary to provide a minimum level of acceptable service on the
Interstate System which shall consist of (1) full access control;
(2) a pavement design to accommodate the types and volumes of
traffic anticipated for the twenty-year period from date of
authorization of the initial basic construction contract; (3)
essential environmental requirements; (4) a design of not more than
six lanes (exclusive of high occupancy vehicle lanes) in rural
areas and all urbanized areas under four hundred thousand
population, and up to eight lanes (exclusive of high occupancy
vehicle lanes) in urbanized areas of four hundred thousand
population or more as shown in the 1980 Federal census; and (5)
those high occupancy vehicle lanes (including approaches and all
directly related facilities) included in the interstate cost
estimate for fiscal year 1981. The obligation of funds authorized
by this subsection shall be further limited to the actual costs of
only those design concepts, locations, geometrics, and other
construction features included in the 1981 interstate cost
estimate, except in any case where the Secretary of Transportation
determines that a provision of Federal law requires a different
design, location, geometric, or other construction feature of a
type authorized by this subsection. Notwithstanding any other
provision of law, including any other provision of this subsection,
where a project is to be constructed (1) to provide parking garage
ramps in conjunction with high occupancy vehicle lanes which flow
into a distributor system emptying directly into ramps for off-
street parking with preferential parking for carpools, vanpools,
and buses and the ramps are part of an environmental mitigation
effort and are designed to feed into an aerial walkway system, or
(2) to provide a parking lot near the terminus of an Interstate
System spur route which radiates from an Interstate System beltway
which will be used as an intermodal transfer facility for a light
rail transit project to be constructed in the median of the spur
route and the parking lot is part of an environmental mitigation
effort, or (3) to provide a parking garage and associated
facilities as part of an intermodal transfer facility with a
transit system near or within an Interstate System route right-of-
way which will have direct and indirect access to the facility by
way of local streets and the parking garage and associated
facilities are part of an environmental mitigation effort, or (4)
to provide for the comprehensive upgrading of existing high
occupancy vehicle lanes, new ramps and parking facilities at mass
transit intermodal transfer points on an existing Interstate System
route which has temporary high occupancy vehicle lanes in the
median and the parking facilities and ramps are part of an
environmental mitigation effort, the costs of such parking garage
ramps, parking lots, parking garages, associated interchange ramps,
high occupancy vehicle lanes, and other associated work eligible
under title 23, United States Code, shall be eligible for funds
authorized by this subsection as if the costs for these projects
were included in the 1981 interstate cost estimate and shall be
included as eligible projects in any future interstate cost
estimate. For purposes of this subsection, construction necessary
to provide a minimum level of acceptable service on the Interstate
System shall include, but not be limited to, any construction on
the Interstate System which is required under a court order issued
before the date of enactment of this sentence. Notwithstanding the
fifth sentence of this subsection, the costs of a project which
will upgrade an interstate route and will complete a gap on the
Interstate System providing access to an international airport and
which was described as the preferred alternative in a final
environmental impact statement submitted to the Secretary of
Transportation on September 30, 1983, shall be eligible for funds
authorized by this subsection as if such costs were included in the
1981 interstate cost estimate and shall be included as eligible
costs in any future interstate cost estimate, except that (1) such
costs may be further developed in the design and environmental
process under normal Federal-aid interstate procedures, and (2) the
amount of such costs shall not include the portion of the project
between High Street and Causeway Street."
Section 127(b) of Pub. L. 97-424 provided that: "Notwithstanding
the provisions of section 108(b) of the Federal-Aid Highway Act of
1956, as amended [set out above], the Secretary of Transportation
may approve the expenditure of funds authorized under such section
for the construction of a previously approved project which
provides for improvements to and reconstruction of ramps and
service roads which are being developed as part of a roadway system
to relieve a severely congested segment on an Interstate route.
Such expenditures shall be limited (1) to work necessary to provide
more effective and safe operation of such Interstate route, and (2)
to a section of an Interstate route which proceeded to construction
contract prior to the date of enactment of such Act and which
Interstate route, together with service roads, was constructed
without the expenditure of any funds authorized by such section."
-CROSS-
DEFINITIONS OF "DEPARTMENT", "INTERSTATE SYSTEM", "SECRETARY", AND
"STATE" FOR PURPOSES OF CERTAIN ACTS
Pub. L. 109-59, Sec. 2, Aug. 10, 2005, 119 Stat. 1153, provided
that: "In this Act [see Tables for classification], the following
definitions apply:
"(1) Department. - The term 'Department' means the Department
of Transportation.
"(2) Secretary. - The term 'Secretary' means the Secretary of
Transportation."
Pub. L. 109-59, title I, Sec. 1120(c), Aug. 10, 2005, 119 Stat.
1192, provided that: "For the purposes of apportioning funds under
sections 104, 105, 130, 144, and 206 of title 23, United States
Code, and section 1404 [set out as a note under section 402 of this
title], relating to the safe routes to school program, the term
'State' means any of the 50 States and the District of Columbia."
Pub. L. 105-178, Sec. 2, June 9, 1998, 112 Stat. 111, provided
that: "In this Act [see Tables for classification], the following
definitions apply:
"(1) Interstate system. - The term 'Interstate System' has the
meaning such term has under section 101 of title 23, United
States Code.
"(2) Secretary. - The term 'Secretary' means the Secretary of
Transportation."
Pub. L. 105-178, title I, Sec. 1103(n), June 9, 1998, 112 Stat.
127, as amended by Pub. L. 105-206, title IX, Sec. 9002(c)(2), July
22, 1998, 112 Stat. 835, provided that: "For the purposes of
apportioning funds under sections 104, 105, 144, and 206 of title
23, United States Code, the term 'State' means any of the 50 States
and the District of Columbia."
Section 2 of Pub. L. 104-59 provided that: "In this Act [See
Short Title of 1995 Amendment note above], the term 'Secretary'
means the Secretary of Transportation."
Section 2 of Pub. L. 100-17 provided that: "As used in this Act
[see Short Title of 1987 Amendment note above], the term
'Secretary' means the Secretary of Transportation."
-FOOTNOTE-
(!1) So in original. The word "to" probably should appear.
(!2) So in original. Probably should be "Defense Highways,".
-End-
-CITE-
23 USC Sec. 102 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 102. Program efficiencies
-STATUTE-
(a) Access of Motorcycles. - No State or political subdivision of
a State may enact or enforce a law that applies only to motorcycles
and the principal purpose of which is to restrict the access of
motorcycles to any highway or portion of a highway for which
Federal-aid highway funds have been utilized for planning, design,
construction, or maintenance. Nothing in this subsection shall
affect the authority of a State or political subdivision of a State
to regulate motorcycles for safety.
(b) Engineering Cost Reimbursement. - If on-site construction of,
or acquisition of right-of-way for, a highway project is not
commenced within 10 years (or such longer period as the State
requests and the Secretary determines to be reasonable) after the
date on which Federal funds are first made available, out of the
Highway Trust Fund (other than Mass Transit Account), for
preliminary engineering of such project, the State shall pay an
amount equal to the amount of Federal funds made available for such
engineering. The Secretary shall deposit in such Fund all amounts
paid to the Secretary under this section.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 887; Pub. L. 102-240,
title I, Sec. 1016(a), Dec. 18, 1991, 105 Stat. 1945; Pub. L. 105-
178, title I, Secs. 1206, 1209, 1212(a)(2)(A)(i), 1304, June 9,
1998, 112 Stat. 185, 186, 193, 227; Pub. L. 109-59, title I, Sec.
1121(b)(1), Aug. 10, 2005, 119 Stat. 1195.)
-MISC1-
AMENDMENTS
2005 - Pub. L. 109-59 redesignated subsecs. (b) and (c) as (a)
and (b), respectively, and struck out heading and text of former
subsec. (a). Text read as follows:
"(1) In general. - A State transportation department shall
establish the occupancy requirements of vehicles operating in high
occupancy vehicle lanes; except that no fewer than 2 occupants per
vehicle may be required and, subject to section 163 of the Surface
Transportation Assistance Act of 1982, motorcycles and bicycles
shall not be considered single occupant vehicles.
"(2) Exception for inherently low-emission vehicles. -
Notwithstanding paragraph (1), before September 30, 2003, a State
may permit a vehicle with fewer than 2 occupants to operate in high
occupancy vehicle lanes if the vehicle is certified as an
Inherently Low-Emission Vehicle pursuant to title 40, Code of
Federal Regulations, and is labeled in accordance with, section
88.312-93(c) of such title. Such permission may be revoked by the
State should the State determine it necessary."
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1209, designated
existing provisions as par. (1), inserted heading, realigned
margins, and added par. (2).
Subsec. (a)(1). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),
substituted "State transportation department" for "State highway
department".
Subsec. (b). Pub. L. 105-178, Sec. 1206, added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 105-178, Sec. 1304, which directed insertion
of "(or such longer period as the State requests and the Secretary
determines to be reasonable)" after "10 years" in first sentence of
subsec. (b), was executed by making the insertion in first sentence
of subsec. (c) to reflect the probable intent of Congress and the
amendment by Pub. L. 105-178, Sec. 1206. See below.
Pub. L. 105-178, Sec. 1206, redesignated subsec. (b) as (c).
1991 - Pub. L. 102-240 substituted section catchline for one
which read: "Authorizations" and amended text generally. Prior to
amendment, text read as follows: "The provisions of this title
apply to all unappropriated authorizations contained in prior Acts,
and also to all unexpended appropriations, heretofore made,
providing for the expenditure of Federal funds upon the Federal-aid
systems. All such authorizations and appropriations shall continue
in full force and effect, but hereafter obligations entered into
and expenditures made pursuant thereto shall be subject to the
provisions of this title."
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
-End-
-CITE-
23 USC Sec. 103 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 103. Federal-aid systems
-STATUTE-
(a) In General. - For the purposes of this title, the Federal-aid
systems are the Interstate System and the National Highway System.
(b) National Highway System. -
(1) Description. - The National Highway System consists of the
highway routes and connections to transportation facilities
depicted on the map submitted by the Secretary to Congress with
the report entitled "Pulling Together: The National Highway
System and its Connections to Major Intermodal Terminals" and
dated May 24, 1996. The system shall -
(A) serve major population centers, international border
crossings, ports, airports, public transportation facilities,
and other intermodal transportation facilities and other major
travel destinations;
(B) meet national defense requirements; and
(C) serve interstate and interregional travel.
(2) Components. - The National Highway System described in
paragraph (1) consists of the following:
(A) The Interstate System described in subsection (c).
(B) Other urban and rural principal arterial routes.
(C) Other connector highways (including toll facilities) that
provide motor vehicle access between arterial routes on the
National Highway System and a major intermodal transportation
facility.
(D) A strategic highway network consisting of a network of
highways that are important to the United States strategic
defense policy and that provide defense access, continuity, and
emergency capabilities for the movement of personnel,
materials, and equipment in both peacetime and wartime. The
highways may be highways on or off the Interstate System and
shall be designated by the Secretary in consultation with
appropriate Federal agencies and the States.
(E) Major strategic highway network connectors consisting of
highways that provide motor vehicle access between major
military installations and highways that are part of the
strategic highway network. The highways shall be designated by
the Secretary in consultation with appropriate Federal agencies
and the States.
(3) Maximum mileage. - The mileage of highways on the National
Highway System shall not exceed 178,250 miles.
(4) Modifications to nhs. -
(A) In general. - The Secretary may make any modification,
including any modification consisting of a connector to a major
intermodal terminal, to the National Highway System that is
proposed by a State or that is proposed by a State and revised
by the Secretary if the Secretary determines that the
modification -
(i) meets the criteria established for the National Highway
System under this title; and
(ii) enhances the national transportation characteristics
of the National Highway System.
(B) Cooperation. -
(i) In general. - In proposing a modification under this
paragraph, a State shall cooperate with local and regional
officials.
(ii) Urbanized areas. - In an urbanized area, the local
officials shall act through the metropolitan planning
organization designated for the area under section 134.
(5) Congressional high priority corridors. - Upon the
completion of feasibility studies, the Secretary shall add to the
National Highway System any congressional high priority corridor
or any segment of such a corridor established by section 1105 of
the Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2031 et seq.) that was not identified on the National
Highway System described in paragraph (1).
(6) State eligible projects for nhs. - Subject to approval by
the Secretary, funds apportioned to a State under section
104(b)(1) for the National Highway System may be obligated for
any of the following:
(A) Construction, reconstruction, resurfacing, restoration,
and rehabilitation of segments of the National Highway System.
(B) Operational improvements for segments of the National
Highway System.
(C) Construction of, and operational improvements for, a
Federal-aid highway not on the National Highway System, and
construction of a transit project eligible for assistance under
chapter 53 of title 49, if -
(i) the highway or transit project is in the same corridor
as, and in proximity to, a fully access-controlled highway
designated as a part of the National Highway System;
(ii) the construction or improvements will improve the
level of service on the fully access-controlled highway
described in clause (i) and improve regional traffic flow;
and
(iii) the construction or improvements are more cost-
effective than an improvement to the fully access-controlled
highway described in clause (i).
(D) Highway safety improvements for segments of the National
Highway System.
(E) Transportation planning in accordance with sections 134
and 135.
(F) Highway research and planning in accordance with chapter
5.
(G) Highway-related technology transfer activities.
(H) Capital and operating costs for traffic monitoring,
management, and control facilities and programs.
(I) Fringe and corridor parking facilities.
(J) Carpool and vanpool projects.
(K) Bicycle transportation and pedestrian walkways in
accordance with section 217.
(L) Development, establishment, and implementation of
management systems under section 303.
(M) In accordance with all applicable Federal law (including
regulations), participation in natural habitat and wetland
mitigation efforts related to projects funded under this title,
which may include participation in natural habitat and wetland
mitigation banks, contributions to statewide and regional
efforts to conserve, restore, enhance, and create natural
habitats and wetland, and development of statewide and regional
natural habitat and wetland conservation and mitigation plans,
including any such banks, efforts, and plans authorized under
the Water Resources Development Act of 1990 (Public Law 101-
640) (including crediting provisions). Contributions to the
mitigation efforts described in the preceding sentence may take
place concurrent with or in advance of project construction;
except that contributions in advance of project construction
may occur only if the efforts are consistent with all
applicable requirements of Federal law (including regulations)
and State transportation planning processes. With respect to
participation in a natural habitat or wetland mitigation effort
related to a project funded under this title that has an impact
that occurs within the service area of a mitigation bank,
preference shall be given, to the maximum extent practicable,
to the use of the mitigation bank if the bank contains
sufficient available credits to offset the impact and the bank
is approved in accordance with the Federal Guidance for the
Establishment, Use and Operation of Mitigation Banks (60 Fed.
Reg. 58605 (November 28, 1995)) or other applicable Federal law
(including regulations).
(N) Publicly-owned intracity or intercity bus terminals.
(O) Infrastructure-based intelligent transportation systems
capital improvements.
[(P) Repealed. Pub. L. 109-59, title I, Sec. 1118(b)(1)(B),
Aug. 10, 2005, 119 Stat. 1181.]
(Q) Environmental restoration and pollution abatement in
accordance with section 328.
(R) Control of noxious weeds and aquatic noxious weeds and
establishment of native species in accordance with section 329.
(7) Territory eligible projects. - Subject to approval by the
Secretary, funds set aside for this program under section
104(b)(1) for the National Highway System may be obligated for
projects eligible for assistance under the territorial highway
program under section 215.
(c) Interstate System. -
(1) Description. -
(A) In general. - The Dwight D. Eisenhower National System of
Interstate and Defense Highways within the United States
(including the District of Columbia and Puerto Rico) consists
of highways designed, located, and selected in accordance with
this paragraph.
(B) Design. -
(i) In general. - Except as provided in clause (ii),
highways on the Interstate System shall be designed in
accordance with the standards of section 109(b).
(ii) Exception. - Highways on the Interstate System in
Alaska and Puerto Rico shall be designed in accordance with
such geometric and construction standards as are adequate for
current and probable future traffic demands and the needs of
the locality of the highway.
(C) Location. - Highways on the Interstate System shall be
located so as -
(i) to connect by routes, as direct as practicable, the
principal metropolitan areas, cities, and industrial centers;
(ii) to serve the national defense; and
(iii) to the maximum extent practicable, to connect at
suitable border points with routes of continental importance
in Canada and Mexico.
(D) Selection of routes. - To the maximum extent practicable,
each route of the Interstate System shall be selected by joint
action of the State transportation departments of the State in
which the route is located and the adjoining States, in
cooperation with local and regional officials, and subject to
the approval of the Secretary.
(2) Maximum mileage. - The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
(3) Modifications. - The Secretary may approve or require
modifications to the Interstate System in a manner consistent
with the policies and procedures established under this
subsection.
(4) Interstate system designations. -
(A) Additions. - If the Secretary determines that a highway
on the National Highway System meets all standards of a highway
on the Interstate System and that the highway is a logical
addition or connection to the Interstate System, the Secretary
may, upon the affirmative recommendation of the State or States
in which the highway is located, designate the highway as a
route on the Interstate System.
(B) Designations as future interstate system routes. -
(i) In general. - If the Secretary determines that a
highway on the National Highway System would be a logical
addition or connection to the Interstate System and would
qualify for designation as a route on the Interstate System
under subparagraph (A) if the highway met all standards of a
highway on the Interstate System, the Secretary may, upon the
affirmative recommendation of the State or States in which
the highway is located, designate the highway as a future
Interstate System route.
(ii) Written agreement of states. - A designation under
clause (i) shall be made only upon the written agreement of
the State or States described in such clause that the highway
will be constructed to meet all standards of a highway on the
Interstate System by the date that is 25 years after the date
of the agreement.
(iii) Removal of designation. -
(I) In general. - If the State or States described in
clause (i) have not substantially completed the
construction of a highway designated under this
subparagraph within the time provided for under clause
(ii), the Secretary shall remove the designation of the
highway as a future Interstate System route.
(II) Effect of removal. - Removal of the designation of a
highway under subclause (I) shall not preclude the
Secretary from designating the highway as a route on the
Interstate System under subparagraph (A) or under any other
provision of law providing for addition to the Interstate
System.
(III) Existing agreements. - An agreement described in
clause (ii) that is entered into before the date of
enactment of this subclause shall be deemed to include the
25-year time limitation described in that clause,
regardless of any earlier construction completion date in
the agreement.
(iv) Prohibition on referral as interstate system route. -
No law, rule, regulation, map, document, or other record of
the United States, or of any State or political subdivision
of a State, shall refer to any highway designated as a future
Interstate System route under this subparagraph, nor shall
any such highway be signed or marked, as a highway on the
Interstate System until such time as the highway is
constructed to the geometric and construction standards for
the Interstate System and has been designated as a route on
the Interstate System.
(C) Financial responsibility. - Except as provided in this
title, the designation of a highway under this paragraph shall
create no additional Federal financial responsibility with
respect to the highway.
(5) Exemption of interstate system. -
(A) In general. - Except as provided in subparagraph (B), the
Interstate System shall not be considered to be a historic site
under section 303 of title 49 or section 138 of this title,
regardless of whether the Interstate System or portions or
elements of the Interstate System are listed on, or eligible
for listing on, the National Register of Historic Places.
(B) Individual elements. - Subject to subparagraph (C), the
Secretary shall determine, through the administrative process
established for exempting the Interstate System from section
106 of the National Historic Preservation Act (16 U.S.C. 470f),
those individual elements of the Interstate System that possess
national or exceptional historic significance (such as a
historic bridge or a highly significant engineering feature).
Such elements shall be considered to be a historic site under
section 303 of title 49 or section 138 of this title, as
applicable.
(C) Construction, maintenance, restoration, and
rehabilitation activities. - Subparagraph (B) does not prohibit
a State from carrying out construction, maintenance,
restoration, or rehabilitation activities for a portion of the
Interstate System referred to in subparagraph (B) upon
compliance with section 303 of title 49 or section 138 of this
title, as applicable, and section 106 of the National Historic
Preservation Act (16 U.S.C. 470f).
(d) Transfer of Interstate Construction Funds. -
(1) Interstate construction funds not in surplus. -
(A) In general. - Upon application by a State and approval by
the Secretary, the Secretary may transfer to the apportionment
of the State under section 104(b)(1) any amount of funds
apportioned to the State under section 104(b)(5)(A) (as in
effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century), if the amount
does not exceed the Federal share of the costs of construction
of segments of the Interstate System in the State included in
the most recent Interstate System cost estimate.
(B) Effect of transfer. - Upon transfer of an amount under
subparagraph (A), the construction on which the amount is
based, as included in the most recent Interstate System cost
estimate, shall not be eligible for funding under section
104(b)(5)(A) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century) or 118(c).
(2) Surplus interstate construction funds. - Upon application
by a State and approval by the Secretary, the Secretary may
transfer to the apportionment of the State under section
104(b)(1) any amount of surplus funds apportioned to the State
under section 104(b)(5)(A) (as in effect on the day before the
date of enactment of the Transportation Equity Act for the 21st
Century), if the State has fully financed all work eligible under
the most recent Interstate System cost estimate.
(3) Applicability of certain laws. - Funds transferred under
this subsection shall be subject to the laws (including
regulations, policies, and procedures) relating to the
apportionment to which the funds are transferred.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 887; Pub. L. 86-70, Sec.
21(d)(1), June 25, 1959, 73 Stat. 145; Pub. L. 86-624, Sec. 17(b),
(c), July 12, 1960, 74 Stat. 415; Pub. L. 87-866, Sec. 8(a), Oct.
23, 1962, 76 Stat. 1147; Pub. L. 90-238, Jan. 2, 1968, 81 Stat.
772; Pub. L. 90-495, Secs. 14, 21, Aug. 23, 1968, 82 Stat. 822,
826; Pub. L. 91-605, title I, Secs. 106(b), 124, Dec. 31, 1970, 84
Stat. 1716, 1729; Pub. L. 93-87, title I, Secs. 109(a), 110(a),
(b), 137, 148(a)-(c), (e), Aug. 13, 1973, 87 Stat. 255, 256, 268,
274; Pub. L. 93-643, Sec. 125, Jan. 4, 1975, 88 Stat. 2290; Pub. L.
94-280, title I, Secs. 109, 110, 111(a), May 5, 1976, 90 Stat. 431,
433; Pub. L. 95-599, title I, Sec. 107(a), (b), (f)(1), Nov. 6,
1978, 92 Stat. 2694, 2695; Pub. L. 96-106, Secs. 1, 2(a), (c), Nov.
9, 1979, 93 Stat. 796; Pub. L. 96-144, Sec. 2, Dec. 13, 1979, 93
Stat. 1084; Pub. L. 97-424, title I, Secs. 107(a)-(c)(1), (d), (e),
108(f), Jan. 6, 1983, 96 Stat. 2101-2104; Pub. L. 100-17, title I,
Sec. 103(b), (f)(1), Apr. 2, 1987, 101 Stat. 136, 141; Pub. L. 102-
240, title I, Secs. 1006(a), (b), (d), 1011, title III, Sec.
3003(b), Dec. 18, 1991, 105 Stat. 1923, 1925, 1935, 2088; Pub. L.
103-272, Sec. 5(f)(1), July 5, 1994, 108 Stat. 1374; Pub. L. 103-
429, Secs. 3(1), 7(a)(4)(B), Oct. 31, 1994, 108 Stat. 4377, 4389;
Pub. L. 104-59, title I, Sec. 101, title III, Sec. 301(a), Nov. 28,
1995, 109 Stat. 569, 578; Pub. L. 104-287, Sec. 2, Oct. 11, 1996,
110 Stat. 3388; Pub. L. 105-178, title I, Sec. 1106(b), June 9,
1998, 112 Stat. 131; Pub. L. 109-59, title I, Secs. 1106,
1118(b)(1), title VI, Secs. 6006(a)(1), 6007, Aug. 10, 2005, 119
Stat. 1166, 1181, 1872, 1873.)
-REFTEXT-
REFERENCES IN TEXT
Section 1105 of the Intermodal Surface Transportation Efficiency
Act of 1991, referred to in subsec. (b)(5), is section 1105 of Pub.
L. 102-240, which amended section 105 of this title and enacted
provisions establishing high priority corridors and segments, which
are not classified to the Code.
The Water Resources Development Act of 1990, referred to in
subsec. (b)(6)(M), is Pub. L. 101-640, Nov. 28, 1990, 104 Stat.
4604. For complete classification of this Act to the Code, see
Short Title of 1990 Amendment note set out under section 2201 of
Title 33, Navigation and Navigable Waters, and Tables.
The date of enactment of this subclause, referred to in subsec.
(c)(4)(B)(iii)(III), is the date of enactment of Pub. L. 109-59,
which was approved Aug. 10, 2005.
The date of enactment of the Transportation Equity Act for the
21st Century, referred to in subsec. (d)(1), (2), is the date of
enactment of Pub. L. 105-178, which was approved June 9, 1998.
-COD-
CODIFICATION
Another section 1106(b) of Pub. L. 105-178 is set out as a note
below.
-MISC1-
AMENDMENTS
2005 - Subsec. (b)(6). Pub. L. 109-59, Sec. 1118(b)(1)(A),
substituted "State eligible" for "Eligible" in heading.
Subsec. (b)(6)(P). Pub. L. 109-59, Sec. 1118(b)(1)(B), struck out
subpar. (P) which read as follows: "In the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands, any project eligible for assistance under section 133, any
airport, and any seaport."
Subsec. (b)(6)(Q), (R). Pub. L. 109-59, Sec. 6006(a)(1), added
subpars. (Q) and (R).
Subsec. (b)(7). Pub. L. 109-59, Sec. 1118(b)(1)(C), added par.
(7).
Subsec. (c)(4)(B)(ii). Pub. L. 109-59, Sec. 1106(a), substituted
"25" for "12".
Subsec. (c)(4)(B)(iii)(I). Pub. L. 109-59, Sec. 1106(b)(1),
struck out "in the agreement between the Secretary and the State or
States" before "under clause (ii)".
Subsec. (c)(4)(B)(iii)(III). Pub. L. 109-59, Sec. 1106(b)(2),
added subcl. (III).
Subsec. (c)(5). Pub. L. 109-59, Sec. 6007, added par. (5).
1998 - Pub. L. 105-178 reenacted section catchline without change
and amended text generally. Prior to amendment, section related to
Federal-aid systems and, in subsec. (a), identified such systems,
in subsec. (b), described National Highway System, in subsec. (e),
described Interstate Highway System, in subsec. (f), specified
authority of Secretary with respect to system, in subsec. (g),
provided for removal of certain parts from system, in subsec. (h),
authorized Secretary to pay all non-Federal costs of certain parts
of system, and in subsec. (i), described eligible projects for
National Highway System.
1996 - Subsec. (e)(4)(L). Pub. L. 104-287 substituted "chapter 53
of title 49" for "fta" in heading.
1995 - Subsec. (b)(3)(C). Pub. L. 104-59, Sec. 101(b)(1),
substituted "The" for "For purposes of proposing highways for
designation to the National Highway System, the".
Subsec. (b)(3)(D). Pub. L. 104-59, Sec. 101(b)(2), substituted
"The" for "In proposing highways for designation to the National
Highway System, the" and inserted "on the National Highway System"
after "highway mileage".
Subsec. (b)(5) to (8). Pub. L. 104-59, Sec. 101(a), added pars.
(5) to (8).
Subsec. (i)(8). Pub. L. 104-59, Sec. 301(a), added par. (8) and
struck out former par. (8) which read as follows: "Startup costs
for traffic management and control if such costs are limited to the
time period necessary to achieve operable status but not to exceed
2 years following the date of project approval, if such funds are
not used to replace existing funds."
1994 - Subsec. (e)(4)(L)(i). Pub. L. 103-272, Sec. 5(f)(1)(A), as
amended by Pub. L. 103-429, Sec. 7(a)(4)(B), substituted "chapter
53 of title 49" for "the Federal Transit Act".
Subsec. (e)(4)(L)(ii). Pub. L. 103-272, Sec. 5(f)(1)(B), as
amended by Pub. L. 103-429, Sec. 7(a)(4)(B), substituted "section
5323(a)(1)(D) of title 49" for "section 3(e)(4) of the Federal
Transit Act".
Subsec. (i)(3). Pub. L. 103-429, Sec. 3(1), substituted "chapter
53 of title 49" for "the Federal Transit Act".
1991 - Subsec. (a). Pub. L. 102-240, Sec. 1006(a), added subsec.
(a) and struck out former subsec. (a) which established and
continued four Federal-aid systems: primary, urban, secondary and
Interstate.
Subsec. (b). Pub. L. 102-240, Sec. 1006(a), added subsec. (b) and
struck out former subsec. (b) which related to Federal-aid primary
system.
Subsecs. (c), (d). Pub. L. 102-240, Sec. 1006(b)(1), struck out
subsecs. (c) and (d) which related to Federal-aid secondary system
and Federal-aid urban system, respectively.
Subsec. (e)(4)(E)(i). Pub. L. 102-240, Sec. 1011(c), inserted
provisions at end specifying that funds authorized to be
appropriated for substitute transit projects for fiscal year 1993
and for substitute highway projects for fiscal year 1995 are to
remain available until expended.
Subsec. (e)(4)(G). Pub. L. 102-240, Sec. 1011(a)(1), struck out
"and" before "$740,000,000", inserted provisions relating to fiscal
years 1992 through 1995 and inserted provisions authorizing
obligation of sums for transit substitute projects.
Subsec. (e)(4)(H)(i). Pub. L. 102-240, Sec. 1011(a)(2)(A),
inserted provisions at end relating to apportionment of funds for
fiscal years 1992 through 1995.
Subsec. (e)(4)(H)(iii). Pub. L. 102-240, Sec. 1011(a)(2)(B), (C),
substituted "1988-1995" for "1988, 1989, 1990, and 1991" in heading
and "1991, 1992, 1993, 1994, and 1995" for "and 1991" in text.
Subsec. (e)(4)(I). Pub. L. 102-240, Sec. 3003(b), substituted
"Federal Transit Act" for "Urban Mass Transportation Act of 1964".
Subsec. (e)(4)(J)(i). Pub. L. 102-240, Sec. 1011(b)(1), (2),
inserted "and ending before October 1, 1991" after "1983," and
provisions at end relating to apportionment of 100 percent of funds
appropriated for fiscal years 1992 and 1993.
Subsec. (e)(4)(J)(iii). Pub. L. 102-240, Sec. 1011(b)(3), (4),
substituted "1988-1993" for "1988, 1989, 1990, and 1991" in heading
and substituted "1991, 1992, and 1993" for "and 1991" in text.
Subsec. (e)(4)(L). Pub. L. 102-240, Sec. 3003(b), substituted
"FTA" for "UMTA" in heading and "Federal Transit Act" for "Urban
Mass Transportation Act of 1964" in cls. (i) and (ii).
Subsec. (f). Pub. L. 102-240, Sec. 1006(b)(2), struck out "the
Federal-aid primary system, the Federal-aid secondary system, the
Federal-aid urban system, and" before "the Interstate System" and
struck out at end "No Federal-aid system or portion thereof shall
be eligible for projects in which Federal funds participate until
approved by the Secretary."
Subsec. (i). Pub. L. 102-240, Sec. 1006(d), added subsec. (i).
1987 - Subsec. (e). Pub. L. 100-17, Sec. 103(f)(1)(A)-(D), (H)-
(J), inserted heading, indented par. (1) and aligned such par. and
pars. (2), (3), and (5) to (9) with par. (4), as amended, and
inserted headings for pars. (1) to (3), (8), and (9).
Subsec. (e)(4). Pub. L. 100-17, Sec. 103(b), amended par. (4)
generally, revising and restating as subpars. (A) to (P) provisions
formerly contained in a single paragraph.
Subsec. (e)(5). Pub. L. 100-17, Sec. 103(f)(1)(E), (K), inserted
heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4),
and substituted "withdrawal of approval." for "withdrawal of
approval; and" in subpar. (B).
Subsec. (e)(6). Pub. L. 100-17, Sec. 103(f)(1)(F), (K), inserted
heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4),
and substituted "withdrawal of approval." for "withdrawal of
approval;" in subpar. (B).
Subsec. (e)(7). Pub. L. 100-17, Sec. 103(f)(1)(G), inserted
heading and substituted "are to be applied." for "are to be
applied; and".
1983 - Subsec. (b)(1). Pub. L. 97-424, Sec. 108(f), substituted
"Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands" for "or Puerto Rico"
after "Hawaii, Alaska,".
Subsec. (e)(4). Pub. L. 97-424, Sec. 107(a)(1), struck out eighth
sentence and substituted provision relating to authorizations and
apportionment of funds for fiscal years ending Sept. 30, 1983,
through Sept. 30, 1986, and relating to substitute highway projects
and substitute transit projects for provision that there were
authorized to be appropriated for liquidation of the obligations
incurred under this paragraph such sums as might be necessary out
of the general fund of the Treasury.
Pub. L. 97-424, Sec. 107(a)(2), struck out sixth sentence and
substituted provisions relating to the period of availability of
sums apportioned under this paragraph and of sums available for
obligation and the disposition of funds apportioned to a State and
unobligated for provision that the sums available for obligation
would remain available until obligated.
Pub. L. 97-424, Sec. 107(b), inserted at end provision that any
route or segment thereof which was statutorily designed after March
7, 1978, to be on the Interstate System shall not be eligible for
withdrawal or substitution under this subsection.
Pub. L. 97-424, Sec. 107(c)(1)(A), inserted "or up to and
including the 1983 interstate cost estimate, whichever is earlier,"
after "approved by Congress," and before "subject to increase or
decrease" in provision in second sentence relating to the action of
the Secretary in withdrawing his approval under this paragraph.
Pub. L. 97-424, Sec. 107(c)(1)(B), struck out "the date of
enactment of the Federal-Aid Highway Act of 1976 or" after "portion
thereof as of", and "whichever is later, and in accordance with the
design of the route or portion thereof that is the basis of the
latest cost estimate" after "substitute project under this
paragraph," in provision in second sentence relating to the action
of the Secretary in withdrawing his approval under this paragraph.
Pub. L. 97-424, Sec. 107(c)(1)(C), inserted "or the date of
approval of the 1983 interstate cost estimate, whichever is
earlier," after "approval of each substitute project under this
paragraph" in provision in second sentence relating to the action
of the Secretary in withdrawing his approval under this paragraph.
Pub. L. 97-424, Sec. 107(d), inserted provision in third sentence
that except with respect to any route which on May 12, 1982, is
under judicial injunction prohibiting its construction the
Secretary may approve substitute projects and withdrawals on such
route until Sept. 30, 1985.
Pub. L. 97-424, Sec. 107(e)(1), struck out "which is within an
urbanized area or which passes through and connects urbanized areas
within a State and" after "portion thereof on the Interstate
System" in first sentence.
Pub. L. 97-424, Sec. 107(e)(2), substituted "which will serve the
area or areas from which the interstate route or portion thereof
was withdrawn, which are selected by the responsible local
officials of the area or areas to be served, and which are selected
by the Governor or the Governors of the State or the States in
which the withdrawn route was located if the withdrawn route was
not within an urbanized area or did not pass through and connect
urbanized areas, and which are submitted by the Governors of the
States in which the withdrawn route was located", for "which will
serve the urbanized area and the connecting nonurbanized area
corridor from which the interstate route or portion thereof was
withdrawn, which are selected by the responsible local officials of
the urbanized area or area to be served, and which are submitted by
the Governor of the State in which the withdrawn route was
located", after "section 103 of this title; or both," in second
sentence.
1979 - Subsec. (e)(4). Pub. L. 96-144 provided that after Sept.
30, 1979, the Secretary shall not withdraw his approval under par.
(4) of any route or portion thereof on the Interstate System open
to traffic before the date of the proposed withdrawal, and that any
withdrawal of approval of any such route or portion thereof before
Sept. 30, 1979, is determined to be authorized by par. (4).
Pub. L. 96-106, Sec. 1, inserted provision that the preceding
sentence not apply to a designation made under section 139 of this
title.
Subsec. (e)(5). Pub. L. 96-106, Sec. 2(a), inserted ", in the
case of any withdrawal of approval before November 6, 1978" after
"any other provision of law".
Subsec. (e)(6) to (9). Pub. L. 96-106, Sec. 2(c), added pars. (6)
and (7) and redesignated former pars. (6) and (7) as (8) and (9),
respectively.
1978 - Subsec. (e)(2). Pub. L. 95-599, Sec. 107(a)(1),
substituted provisions relating to the deadline for designation of
Interstate routes for provisions relating to maximum costs of all
mileage and granting of preferences.
Subsec. (e)(4). Pub. L. 95-599, Sec. 107(a)(2), (b), (f)(1)(A),
substituted provision setting the maximum Federal share at 85 per
cent of the cost of the substitute project for provision stating
that the share would be determined in accordance with section 120
of this title, inserted provisions relating to deadline for
approval by Secretary and designation of mileage, and struck out
provision relating to withdrawal of approval.
Subsec. (e)(5) to (7). Pub. L. 95-599, Sec. 107(f)(1)(B), (C),
redesignated par. (5) as (7) and added pars. (5) and (6).
1976 - Subsec. (e)(2). Pub. L. 94-280, Secs. 109(a), 111(a),
struck out from second sentence "prior to the enactment of this
paragraph" after "with this title," and in fourth sentence,
substituted provision respecting limitation of cost to United
States for aggregate of mileage for route withdrawals which read as
follows: "or if the cost of any such withdrawn route was not
included in such 1972 Interstate System cost estimate, the cost of
such withdrawn route as set forth in the last Interstate System
cost estimate before such 1972 cost estimate which was approved by
Congress and which included the cost of such withdrawn route,
increased or decreased, as the case may be, as determined by the
Secretary, based on changes in construction costs of such route or
portion thereof, which, (i) in the case of a withdrawn route the
cost of which was not included in the 1972 cost estimate but in an
earlier cost estimate, have occurred between such earlier cost
estimate and the date of enactment of the Federal-Aid Highway Act
of 1976, and (ii) in the case of a withdrawn route the cost of
which was included in the 1972 cost estimate, have occurred between
the 1972 cost estimate and the date of enactment of the Federal-Aid
Highway Act of 1976, or the date of withdrawal of approval,
whichever date is later, and in each case costs shall be based on
that design of such route or portion thereof which is the basis of
the applicable cost estimate" for "increased or decreased, as the
case may be, as determined by the Secretary, based on changes in
construction costs of such route or portion thereof as of the date
of withdrawal of approval under this paragraph and in accordance
with that design of such route or portion thereof which is the
basis of such 1972 cost estimate."
Subsec. (e)(4). Pub. L. 94-280, Sec. 110(a), in revising par.
(4), substituting provisions set out in text for prior provisions
set out in note hereunder, among other changes: authorized the
Secretary to withdraw approval of route or portion thereof on
Interstate System which passes through and connects urbanized areas
within a State and to incur obligations for Federal share of
projects authorized under any highway assistance program under
section 103 of this title; provided for determination of Federal
share of substitute projects as provided in section 120 of this
title applicable to the highway program of which the substitute
project is a part; made specific reference to section 4 of, for
prior general reference to, Urban Mass Transportation Act of 1964,
as source of Federal share for mass transit projects; authorized
sums available for obligation to remain available until obligated;
made sums obligated for mass transit projects part of, to be
administered through, Urban Mass Transportation Fund; authorized
appropriations out of general fund of the Treasury for liquidation
of obligations incurred under this paragraph; made amended par. (4)
effective Aug. 13, 1973; and deleted provisions making route
withdrawn mileage available for designation on Interstate System in
any other State, prohibition against obligation under this
paragraph of general funds after June 30, 1981, and requirement
that for nonhighway public mass transit project, the Secretary
receive State assurance that public mass transportation system will
fully utilize the proposed project.
Pub. L. 94-280, Sec. 110(b), inserted provision for application
of sums to a permissible transportation project when paid to a
State for a route or portion of the Interstate System in event of
withdrawal of approval for the route or portion instead of making
of refund to Highway Trust Fund.
Subsec. (e)(5). Pub. L. 94-280, Sec. 109(b), added par. (5).
1975 - Subsec. (e)(2), (4). Pub. L. 93-643 inserted ", increased
or decreased, as the case may be, as determined by the Secretary,
based on changes in construction costs of such route or portion
thereof as of the date of withdrawal of approval under this
paragraph and in accordance with that design of such route or
portion thereof which is the basis of such 1972 cost estimate"
after "House Report Numbered 92-1443".
1973 - Subsec. (b). Pub. L. 93-87, Sec. 148(a), designated
existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 93-87, Sec. 148(b), (e), designated existing
provisions as par. (1), inserted "access roads to airports," after
"local rural roads", and added par. (2).
Subsec. (d)(1). Pub. L. 93-87, Secs. 109(a), 148(c), authorized
establishment of Federal-aid urban system in such other urban areas
as the State highway department may designate, substituted "shall
include high traffic volume arterial and collector routes,
including access roads to airports and other transportation
terminals" for "designed taking into consideration the highest
traffic volume corridors, and the longest trips within such area
and shall be selected so as to best serve the goals and objectives
of the community as determined by the responsible local officials
of such urbanized area based upon the planning process required
pursuant to the provisions of section 134 of this title", reenacted
third sentence without change, inserted "to the extent feasible" in
the text reading "Each route of the system to the extent feasible
shall connect with another route", substituted "Routes . . . shall
be selected by the appropriate local officials so as to serve the
goals and objectives of the community, with the concurrence of the
State highway departments, and, in urbanized areas, also in
accordance with the planning process under section 134 of this
title" for "Routes . . . shall be selected by the appropriate local
officials and the State highway departments in cooperation with
each other subject to the approval of the Secretary as provided in
subsection (f) of this section", and inserted preceding last
sentence "Designation of the Federal-aid urban system shall be
subject to the approval of the Secretary as provided in subsection
(f) of this section", and designated provisions, as amended, as
par. (1), respectively.
Subsec. (d)(2). Pub. L. 93-87, Sec. 148(c), added par. (2).
Subsec. (e)(2). Pub. L. 93-87, Sec. 137(a), substituted in first
sentence "additional mileage for the Interstate System of five
hundred miles" for "additional mileage for the Interstate System of
two hundred miles"; in fourth sentence "1972 Interstate System cost
estimate set forth in House Public Works Committee Print Numbered
92-29, as revised in House Report Numbered 92-1443" for "1968
Interstate System cost estimate set forth in House Document
Numbered 199, Ninetieth Congress, as revised"; and in fifth
sentence "preference, along with due regard for interstate highway
type needs on a nationwide basis," for "due regard", respectively.
Subsec. (e)(4). Pub. L. 93-87, Sec. 137(b), added par. (4).
Subsec. (g). Pub. L. 93-87, Sec. 110(a), substituted first
sentence reading "the Secretary, on July 1, 1974, shall remove from
designation as a part of the Interstate System each segment of such
system for which a State has not notified the Secretary that such
State intends to construct such segment, and which the Secretary
finds is not essential to completion of a unified and connected
Interstate System." for "The Secretary, on July 1, 1973, shall
remove from designation as a part of the Interstate System every
segment of such System for which a State has not established a
schedule for the expenditure of funds for completion of
construction of such segment within the period of availability of
funds authorized to be appropriated for completion of the
Interstate System, and with respect to which the State has not
provided the Secretary with assurances satisfactory to him that
such schedule will be met."; deleted former second sentence reading
"Nothing in the preceding sentence shall be construed to prohibit
the substitution prior to July 1, 1973, of alternative segments of
the Interstate System which will meet the requirements of this
title."; substituted "Any segment of the Interstate System, with
respect to which a State has not submitted by July 1, 1975, a
schedule for the expenditure of funds for completion of
construction of such segment or alternative segment within the
period of availability of funds authorized to be appropriated for
completion of the Interstate System, and with respect to which the
State has not provided the Secretary with assurances satisfactory
to him such schedule will be met," for "Any segment of the
Interstate System with respect to which a State has not submitted
plans, specifications, and estimates for approval by the Secretary
by July 1, 1975," before "shall be removed from designation as a
part of the Interstate System"; authorized the Secretary to
designate as a part of the Interstate System any segment previously
removed from the System when necessary in the interest of national
defense or for other reasons of national interest; and made subsec.
(g) inapplicable to any segment of the Interstate System referred
to in section 23(a) of the Federal-Aid Highway Act of 1968.
Subsec. (h). Pub. L. 93-87, Sec. 110(b), added subsec. (h).
1970 - Subsec. (a). Pub. L. 91-605, Sec. 106(b)(3), substituted
"four" for "three" and added the urban system to the list of
Federal-aid systems.
Subsecs. (b), (c). Pub. L. 91-605, Sec. 106(b)(1), substituted
"subsection (f)" for "subsection (e)".
Subsecs. (d), (e). Pub. L. 91-605, Sec. 106(b)(1), added subsec.
(d), redesignated former subsec. (d) as (e) and substituted
"subsection (f)" for "subsection (e)". Former subsec. (e)
redesignated (f).
Subsec. (f). Pub. L. 91-605, Sec. 106(b)(1), (2), redesignated
former subsec. (e) as (f) and inserted reference to Federal-aid
urban system.
Subsec. (g). Pub. L. 91-605, Sec. 124, added subsec. (g).
1968 - Subsec. (d)(1). Pub. L. 90-495, Sec. 14(a), inserted
provision making allowance for an exception in pars. (2) and (3) to
the forty-one thousand mile total extent of the Interstate system.
Subsec. (d)(2). Pub. L. 90-495, Sec. 21, substituted "1968
Interstate System cost estimate set forth in House Document
Numbered 199, Ninetieth Congress, as revised" for "1965 Interstate
System cost estimate set forth in House Document Numbered 42,
Eighty-ninth Congress".
Subsec. (d)(3). Pub. L. 90-495, Sec. 14(b), added par. (3).
Subsec. (d). Pub. L. 90-238 redesignated existing provision as
par. (1) and added par. (2).
1962 - Subsec. (c). Pub. L. 87-866 substituted "This system may
be located both in rural and urban areas, but any extension of the
system into urban areas shall be subject to the condition that such
extension pass through the urban area or connect with another
Federal-aid system within the urban area" for "This system shall be
confined to rural areas, except (1) that in any State having a
population density of more than two hundred per square mile as
shown by the latest available Federal census, the system may
include mileage in urban areas as well as rural, and (2) that the
system may be extended into urban areas subject to the conditions
that any such extension passes through the urban area or connects
with another Federal-aid system within the urban area, and that
Federal participation in projects on such extensions is limited to
urban funds".
1960 - Subsec. (d). Pub. L. 86-624, Sec. 17(c), substituted
"within the United States, including the District of Columbia, and"
for "within the continental United States and", and inserted "to
the greatest extent possible" in two places.
1959 - Subsec. (f). Pub. L. 86-70 repealed subsec. (f) which
related to determination of roads in the Territory of Alaska on
which Federal-aid funds could be expended.
Subsec. (g). Pub. L. 86-624, Sec. 17(b), repealed subsec. (g)
which provided that the systems of highways on which funds
apportioned to the Territory of Hawaii under this chapter shall be
expended may be determined and agreed upon by the Governor of said
Territory and the Secretary.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 7(a) of Pub. L. 103-429 provided in part that the
amendment made by that section is effective July 5, 1994.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by sections 1006 and 1011 of Pub. L. 102-240 effective
Dec. 18, 1991, and applicable to funds authorized to be
appropriated or made available after Sept. 30, 1991, and, with
certain exceptions, not applicable to funds appropriated or made
available on or before Sept. 30, 1991, see section 1100 of Pub. L.
102-240, set out as a note under section 104 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Section 107(c) of Pub. L. 95-599 provided that: "The amendment
made by subsection (a) of this section [amending this section]
shall apply to each route or portion thereof designated under
section 103(e)(2) of title 23, United States Code, before January
1, 1978, the construction of which was not complete on such date,
and the Secretary of Transportation shall make such revisions in
existing contracts and agreements as may be necessary to carry out
this section and the amendment made by subsection (a) of this
section."
Section 107(f)(2) of Pub. L. 95-599, which provided that the
amendments made by section 107(f)(1) of Pub. L. 95-599 to this
section apply to any withdrawal of approval before Nov. 6, 1978,
was repealed by Pub. L. 96-106, Sec. 2(b), Nov. 9, 1979, 93 Stat.
796.
EFFECTIVE DATE OF 1973 AMENDMENT
Section 110(c) of Pub. L. 93-87 provided that: "The amendments
made by subsections (a) and (b) of this section [amending this
section] shall take effect June 30, 1973."
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.
EFFECTIVE DATE OF 1962 AMENDMENT
Section 8(b) of Pub. L. 87-866 provided that: "The amendment made
by subsection (a) of this section [amending this section] shall
apply to apportionments made before as well as after the date of
enactment of this Act [Oct. 23, 1962]."
EFFECTIVE DATE OF 1959 AMENDMENT
Section 21(d) of Pub. L. 86-70 provided that the repeal of
subsec. (f) of this section, sections 116(d), 119, and 120(h) of
this title, and sections 321a to 321d and 322 to 325 of Title 48,
Territories and Insular Possessions, is effective July 1, 1959.
FREIGHT INTERMODAL DISTRIBUTION PILOT GRANT PROGRAM
Pub. L. 109-59, title I, Sec. 1306, Aug. 10, 2005, 119 Stat.
1215, provided that:
"(a) In General. - The Secretary [of Transportation] shall
establish and implement a freight intermodal distribution pilot
grant program.
"(b) Purposes. - The purposes of the program established under
subsection (a) shall be for the Secretary [of Transportation] to
make grants to States -
"(1) to facilitate and support intermodal freight
transportation initiatives at the State and local levels to
relieve congestion and improve safety; and
"(2) to provide capital funding to address infrastructure and
freight distribution needs at inland ports and intermodal freight
facilities.
"(c) Eligible Projects. - Projects for which grants may be made
under this section shall help relieve congestion, improve
transportation safety, facilitate international trade, and
encourage public-private partnership and may include projects for
the development and construction of intermodal freight distribution
and transfer facilities at inland ports.
"(d) Selection Process. -
"(1) Applications. - A State (as defined in section 101(a) of
title 23, United States Code) shall submit for approval by the
Secretary [of Transportation] an application for a grant under
this section containing such information as the Secretary may
require to receive such a grant.
"(2) Priority. - In selecting projects for grants, the
Secretary shall give priority to projects that will -
"(A) reduce congestion into and out of international ports
located in the United States;
"(B) demonstrate ways to increase the likelihood that freight
container movements involve freight containers carrying goods;
and
"(C) establish or expand intermodal facilities that encourage
the development of inland freight distribution centers.
"(3) Designated projects. - Subject to the provisions of this
section, the Secretary shall allocate for each of fiscal years
2005 through 2009, from funds made available to carry out this
section, 20 percent of the following amounts for grants to carry
out the following projects under this section:
"(A) Short-haul intermodal projects, Oregon, $5,000,000.
"(B) The Georgia Port Authority, $5,000,000.
"(C) The ports of Los Angeles and Long Beach, California,
$5,000,000.
"(D) Fairbanks, Alaska, $5,000,000.
"(E) Charlotte Douglas International Airport Freight
Intermodal Facility, North Carolina, $5,000,000.
"(F) South Piedmont Freight Intermodal Center, North
Carolina, $5,000,000.
"(e) Use of Grant Funds. - Funds made available to a recipient of
a grant under this section shall be used by the recipient for the
project described in the application of the recipient approved by
the Secretary [of Transportation].
"(f) Report. - Not later than 3 years after the date of enactment
of this Act [Aug. 10, 2005], the Secretary [of Transportation]
shall submit to Congress a report on the results of the pilot
program carried out under this section.
"(g) Funding. -
"(1) In general. - There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $6,000,000 for each of fiscal years 2005
through 2009.
"(2) Contract authority. - Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United States
Code; except that such funds shall not be transferable and shall
remain available until expended, and the Federal share of the
cost of a project under this section shall be determined in
accordance with section 120 of such title.
"(h) Treatment of Projects. - Notwithstanding any other provision
of law, projects for which grants are made under this section shall
be treated as projects on a Federal-aid system under chapter 1 of
title 23, United States Code."
ADMINISTRATION OF NATIONAL HIGHWAY SYSTEM AND INTERSTATE
MAINTENANCE PROGRAM
Pub. L. 105-178, title I, Sec. 1106(a), June 9, 1998, 112 Stat.
131, provided that: "The Secretary shall administer the National
Highway System program and the Interstate Maintenance program as a
combined program for purposes of allowing States maximum
flexibility. References in this Act [see Tables for classification]
and title 23, United States Code, shall not be affected by such
consolidation."
UNOBLIGATED BALANCES OF INTERSTATE SUBSTITUTE FUNDS
Pub. L. 105-178, title I, Sec. 1106(b), June 9, 1998, 112 Stat.
136, provided that: "Unobligated balances of funds apportioned to a
State under section 103(e)(4)(H) of title 23, United States Code
(as in effect on the day before the date of enactment of this Act
[June 9, 1998]), shall be available for obligation by the State
under the law (including regulations, policies, and procedures)
relating to the obligation and expenditure of the funds in effect
on that date."
INTERMODAL FREIGHT CONNECTORS STUDY
Pub. L. 105-178, title I, Sec. 1106(d), June 9, 1998, 112 Stat.
136, provided that:
"(1) Report. - Not later than 2 years after the date of enactment
of this Act [June 9, 1998], the Secretary shall -
"(A) review the condition of and improvements made, since the
designation of the National Highway System, to connectors on the
National Highway System that serve seaports, airports, and other
intermodal freight transportation facilities; and
"(B) report to Congress on the results of such review.
"(2) Review. - In preparing the report, the Secretary shall
review the connectors and identify projects carried out on those
connectors that were intended to provide and improve service to an
intermodal facility referred to in paragraph (1) and to facilitate
the efficient movement of freight, including movements of freight
between modes.
"(3) Identification of impediments. - If the Secretary determines
on the basis of the review that there are impediments to improving
the connectors serving intermodal facilities referred to in
paragraph (1), the Secretary shall identify such impediments and
make any appropriate recommendations as part of the Secretary's
report to Congress under this subsection."
FUNCTIONAL RECLASSIFICATION OF HIGHWAYS
Section 1006(c) of Pub. L. 102-240 provided that:
"(1) State action. - Each State shall functionally reclassify the
roads and streets in such State in accordance with such guidelines
and time schedule as the Secretary may establish in order to carry
out the objectives of this section [amending this section and
sections 101, 104 and 113 of this title and enacting provisions set
out as a note under section 311 of this title], including the
amendments made by this section.
"(2) Approval and submission to congress. - Not later than
September 30, 1993, the Secretary shall approve the functional
reclassification of roads and streets made by the States pursuant
to this subsection and shall submit a report to Congress containing
such reclassification.
"(3) State defined. - In this subsection, the term 'State' has
the meaning such term has under section 101 of title 23, United
States Code, and shall include the Virgin Islands, American Samoa,
Guam, and the Commonwealth of the Northern Marianas."
APPORTIONMENT FACTORS FOR EXPENDITURES ON SUBSTITUTE HIGHWAY AND
TRANSIT PROJECTS
Section 103(a) of Pub. L. 100-17 directed Secretary to apportion
for fiscal year 1987 the sums to be apportioned for such year under
22 U.S.C. 103(e)(4) for expenditure on substitute highway and
transit projects, using the apportionment factors contained in the
Committee Print Numbered 100-6 of the Committee on Public Works and
Transportation of the House of Representatives.
SUBSTITUTE TRANSIT PROJECTS; INCREASE IN COST TO COMPLETE;
APPORTIONMENT FACTORS
Section 103(c) of Pub. L. 100-17 provided that:
"(1) Increase in cost to complete. - The cost of completing
substitute transit projects under section 103(e)(4)(B) of title 23,
United States Code, is increased by $100,000,000.
"(2) Apportionment factors. - Notwithstanding section 103(e)(4)
of such title, funds appropriated to carry out projects as a result
of enactment of paragraph (1) shall be made available in accordance
with the apportionment factors contained in the Committee Print
Numbered 100-2 of the Committee on Public Works and Transportation
of the House of Representatives."
COMBINED ROAD PLAN DEMONSTRATION PROGRAM; REPORT TO CONGRESSIONAL
COMMITTEES
Section 137 of Pub. L. 100-17 directed Secretary, in cooperation
with up to 5 States, to conduct a combined road plan demonstration
to test feasibility of approaches for combining, streamlining, and
increasing flexibility in administration of Federal-aid secondary
program, Federal-aid urban program, and the off-system bridge,
urban bridge, and secondary bridge programs and to submit to
Congress an interim report on the program being carried out within
3 years after Apr. 2, 1987, and a final report evaluating the
effectiveness of the demonstration program and making needed
recommendations as soon as practicable after completion of the
demonstration.
ROUTES WITHDRAWN; AVAILABILITY TO SECRETARY OF SUMS WHERE SUMS
DETERMINED ARE LESS THAN COST OF COMPLETING WITHDRAWN ROUTES
Section 107(c)(2) of Pub. L. 97-424, as amended by Pub. L. 100-
17, title I, Sec. 103(f)(2), Apr. 2, 1987, 101 Stat. 142, provided
that: "Notwithstanding any other provision of law, with respect to
any route or portion thereof on the Interstate System approval of
which is or has been withdrawn under section 103(e)(4) of title 23,
United States Code, in any case where the sum determined under
subparagraph (B) of such section is less than the cost to complete
the withdrawn route or portion (in accordance with the design of
such route or portion on the date of such withdrawal) as of June
30, 1980, as a result of decreases in construction costs, the sum
which shall be available to the Secretary under such subparagraph
shall be an amount equal to such cost of completion as of June 30,
1980."
WITHDRAWAL OF SECRETARY'S APPROVAL OF ROUTE OR PORTION OF ROUTE ON
INTERSTATE SYSTEM BETWEEN JUNE 20, 1979, AND JUNE 30, 1979,
INCLUSIVE; SUBSTITUTION OF PROJECTS
Section 3 of Pub. L. 96-144 provided that: "Notwithstanding the
amendment made to section 103(e)(4) of title 23, United States
Code, by the preceding section, in the case where the Secretary has
withdrawn his approval of a route or portion thereof on the
Interstate System under such section between June 20, 1979, and
June 30, 1979, both dates inclusive, the sum available to the
Secretary of Transportation to incur obligations for projects
substituted for such withdrawn route or portion thereof shall be a
sum equal to the Federal share of the cost to complete the
withdrawn route or portion thereof, as that cost is included in the
1975 Interstate System cost estimate, as approved by Congress,
subject to increase or decrease as determined by the Secretary
based on changes in the construction costs of the withdrawn route
or portion thereof as of the date of approval of each substitute
project under section 103(e)(4) of title 23, United States Code."
NECESSITY OF ENVIRONMENTAL IMPACT STATEMENT PRIOR TO ROUTE
CONSTRUCTION ON THE DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND
DEFENSE HIGHWAYS
Section 107(d) of Pub. L. 95-599, as amended by Pub. L. 101-427,
Oct. 15, 1990, 104 Stat. 927, provided that: "Notwithstanding any
other provision of law, including but not limited to section 103 of
title 23, United States Code and this section, no route or portion
thereof shall be constructed on The Dwight D. Eisenhower System of
Interstate and Defense Highways with respect to which an
environmental impact statement has not been submitted to the
Secretary of Transportation in accordance with the National
Environmental Policy Act of 1969 [section 4321 et seq. of Title 42,
The Public Health and Welfare] by September 30, 1983. Any such
route or portion thereof shall thereupon be removed from
designation as part of such Interstate System."
TIME LIMIT FOR COMMENCEMENT OF, OR CONTRACT FOR, CONSTRUCTION;
REMOVAL FROM DESIGNATION AS PART OF INTERSTATE SYSTEM
Section 107(e) of Pub. L. 95-599, as amended by Pub. L. 97-424,
title I, Sec. 107(g), Jan. 6, 1983, 96 Stat. 2103; Pub. L. 100-17,
title I, Sec. 103(d)(1), Apr. 2, 1987, 101 Stat. 141, provided
that: "By September 30, 1986, all routes or portions thereof on the
Interstate System (for which the Secretary of Transportation finds
that sufficient Interstate authorizations are available) must be
under contract for construction or construction must have
commenced. Immediately after such date, the Secretary shall remove
from designation as part of the Interstate System each route or
portion thereof not complying with this subsection."
[Section 103(d)(2) of Pub. L. 100-17 provided that: "The
amendments made by paragraph (1) [amending section 107(e) of Pub.
L. 95-599 set out above] shall take effect September 29, 1986."]
INTERSTATE SYSTEM ROUTES WITHDRAWN FOR PURPOSE OF DESIGNATING
ALTERNATIVE ROUTES AS SUBJECT TO ROUTE WITHDRAWAL PROVISIONS
Section 111(b) of Pub. L. 94-280 provided that: "The amendment
made by subsection (a) of this section [to fourth sentence of
subsec. (e)(2) of this section] shall be applicable to each route
on the Interstate System approval of which was withdrawn or is
hereafter withdrawn by the Secretary of Transportation in
accordance with the provisions of section 103(e)(2) of title 23,
United States Code, including any route on the Interstate System
approval of which was withdrawn by the Secretary of Transportation
in accordance with the provisions of title 23, United States Code,
on August 30, 1965, for the purpose of designating an alternative
route."
INTERSTATE SYSTEM SUBSECTION (E)(4) PROVISIONS IN EFFECT PRIOR TO
AMENDMENT BY PUB. L. 94-280, SEC. 110; ROUTE WITHDRAWALS WITHIN
URBANIZED AREAS; AVAILABILITY OF MILEAGE IN OTHER STATES; PUBLIC
MASS TRANSIT NONHIGHWAY PROJECTS; GENERAL FUNDS UNAVAILABLE FOR
OBLIGATION AFTER JUNE 30, 1981; SUPPLEMENTARY FUNDS; URBAN MASS
TRANSPORTATION PROVISIONS APPLICABLE
Section 103(e)(4) of this title, as added Pub. L. 93-87, title I,
Sec. 137(b), Aug. 13, 1973, 87 Stat. 269, and amended Pub. L. 93-
643, Sec. 125(b), Jan. 4, 1975, 88 Stat. 2290, read prior to
amendment by section 110 of Pub. L. 94-280 [set out in the text] as
follows: "Upon the joint request of a State Governor and the local
governments concerned, the Secretary may withdraw his approval of
any route or portion thereof on the Interstate System within any
urbanized area in that State selected and approved in accordance
with this title prior to the enactment of this paragraph, if he
determines that such route or portion thereof is not essential to
completion of a unified and connected Interstate System or will no
longer be essential by reason of the application of this paragraph
and will not be constructed as a part of the Interstate System, and
if he receives assurances that the State does not intend to
construct a toll road in the traffic corridor which would be served
by such route or portion thereof. The mileage of the route or
portion thereof approval of which is withdrawn under this paragraph
shall be available for designation on the Interstate System in any
other State in accordance with paragraph (1) of this subsection.
After the Secretary has withdrawn his approval of any such route or
portion thereof, whenever responsible local officials of such
urbanized area notify the State highway department that, in lieu of
a route or portion thereof approval for which is withdrawn under
this paragraph, their needs require a nonhighway public mass
transit project involving the construction of fixed rail
facilities, or the purchase of passenger equipment, including
rolling stock for any mode of mass transit, or both, and the State
highway department determines that such public mass transit project
is in accordance with the planning process under section 134 of
this title and is entitled to priority under such planning process,
such public mass transit project shall be submitted for approval to
the Secretary. Approval of the plans, specifications, and estimates
for such project by the Secretary shall be deemed a contractual
obligation of the United States for payment out of the general
funds in the Treasury of its proportional share of the cost of such
project in an amount equal to the Federal share which would be paid
for such a project under the Urban Mass Transportation Act of 1964
[section 1601 et seq. of Title 49, Transportation], except that the
total Federal cost of all such projects under this paragraph with
respect to such route or portion thereof approval of which is
withdrawn under this paragraph, shall not exceed the Federal share
of the cost which would have been paid for such route or portion
thereof, as such cost is included in the 1972 Interstate System
cost estimate set forth in table 5 of House Public Works Committee
Print Numbered 92-29, as revised in House Report Numbered 92-1443,
increased or decreased, as the case may be, as determined by the
Secretary, based on changes in construction costs of such route or
portion thereof as of the date of withdrawal of approval under this
paragraph and in accordance with that design of such route or
portion thereof which is the basis of such 1972 cost estimate.
Funds apportioned to such State for the Interstate System, which
apportionment is based upon an Interstate System cost estimate that
includes a route or portion thereof approval of which is withdrawn
under this paragraph, shall be reduced by an amount equal to the
Federal share of such project as such share becomes a contractual
obligation of the United States. No general funds shall be
obligated under authority of this paragraph after June 30, 1981. No
nonhighway public mass transit project shall be approved under this
paragraph unless the Secretary has received assurances satisfactory
to him from the State that public mass transportation systems will
fully utilize the proposed project. The provision of assistance
under this paragraph shall not be construed as bringing within the
application of chapter 15 of title 5, United States Code [section
1501 et seq. of Title 5, Government Organization and Employees],
any nonsupervisory employee of an urban mass transportation system
(or of any other agency or entity performing related functions) to
whom such chapter is otherwise inapplicable. Funds available for
expenditure to carry out the purposes of this paragraph shall be
supplementary to and not in substitution for funds authorized and
available for obligation pursuant to the Urban Mass Transportation
Act of 1964, as amended [section 1601 et seq. of Title 49,
Transportation]. The provisions of section 3(e)(4) of the Urban
Mass Transportation Act of 1964, as amended, [section 1602 (e)(4)
of Title 49], shall apply in carrying out this paragraph."
BASIS OF FEDERAL-AID SYSTEMS REALIGNMENT
Section 148(d) of Pub. L. 93-87 provided that: "Federal-aid
systems realignment shall be based upon anticipated functional
usage in the year 1980 or a planned connected system."
-End-
-CITE-
23 USC Sec. 104 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 104. Apportionment
-STATUTE-
(a) Administrative Expenses. -
(1) In general. - There are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
be made available to the Secretary for administrative expenses of
the Federal Highway Administration -
(A) $353,024,000 for fiscal year 2005;
(B) $370,613,540 for fiscal year 2006;
(C) $389,079,500 for fiscal year 2007;
(D) $408,465,500 for fiscal year 2008; and
(E) $423,717,460 for fiscal year 2009.
(2) Purposes. - The funds authorized by this subsection shall
be used -
(A) to administer the provisions of law to be financed from
appropriations for the Federal-aid highway program and programs
authorized under chapter 2; and
(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with the
Appalachian development highway system.
(3) Availability. - The funds made available under paragraph
(1) shall remain available until expended.
(b) Apportionments. - On October 1 of each fiscal year, the
Secretary, after making the set-asides authorized by subsections
(d) and (f) and section 130(e), shall apportion the remainder of
the sums authorized to be appropriated for expenditure on the
Interstate and National Highway System program, the Congestion
Mitigation and Air Quality Improvement program, the highway safety
improvement program, and the Surface Transportation program for
that fiscal year, among the several States in the following manner:
(1) National highway system component. -
(A) In general. - For the National Highway System (excluding
funds apportioned under paragraph (4)), $40,000,000 for each of
fiscal years 2005 and 2006 and $50,000,000 for each of fiscal
years 2007 through 2009 for the territorial highway program
under section 215, $30,000,000 for each of fiscal years 2005
through 2009 for the Alaska Highway, and the remainder
apportioned as follows:
(i) 25 percent in the ratio that -
(I) the total lane miles of principal arterial routes
(excluding Interstate System routes) in each State; bears
to
(II) the total lane miles of principal arterial routes
(excluding Interstate System routes) in all States.
(ii) 35 percent in the ratio that -
(I) the total vehicle miles traveled on lanes on
principal arterial routes (excluding Interstate System
routes) in each State; bears to
(II) the total vehicle miles traveled on lanes on
principal arterial routes (excluding Interstate System
routes) in all States.
(iii) 30 percent in the ratio that -
(I) the total diesel fuel used on highways in each State;
bears to
(II) the total diesel fuel used on highways in all
States.
(iv) 10 percent in the ratio that -
(I) the quotient obtained by dividing the total lane
miles on principal arterial highways in each State by the
total population of the State; bears to
(II) the quotient obtained by dividing the total lane
miles on principal arterial highways in all States by the
total population of all States.
(B) Minimum apportionment. - Notwithstanding subparagraph (A)
and paragraph (4), each State shall receive a minimum of 1/2
of 1 percent of the funds apportioned under subparagraph (A)
and paragraph (4).
(2) Congestion mitigation and air quality improvement program. -
(A) In general. - For the congestion mitigation and air
quality improvement program, in the ratio that -
(i) the total of all weighted nonattainment and maintenance
area populations in each State; bears to
(ii) the total of all weighted nonattainment and
maintenance area populations in all States.
(B) Calculation of weighted nonattainment and maintenance
area population. - Subject to subparagraph (C), for the purpose
of subparagraph (A), the weighted nonattainment and maintenance
area population shall be calculated by multiplying the
population of each area in a State that was a nonattainment
area or maintenance area as described in section 149(b) for
ozone or carbon monoxide by a factor of -
(i) 1.0 if, at the time of apportionment, the area is a
maintenance area;
(ii) 1.0 if, at the time of the apportionment, the area is
classified as a marginal ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
(iii) 1.1 if, at the time of the apportionment, the area is
classified as a moderate ozone nonattainment area under such
subpart;
(iv) 1.2 if, at the time of the apportionment, the area is
classified as a serious ozone nonattainment area under such
subpart;
(v) 1.3 if, at the time of the apportionment, the area is
classified as a severe ozone nonattainment area under such
subpart;
(vi) 1.4 if, at the time of the apportionment, the area is
classified as an extreme ozone nonattainment area under such
subpart;
(vii) 1.0 if, at the time of the apportionment, the area is
not a nonattainment or maintenance area as described in
section 149(b) for ozone, but is classified under subpart 3
of part D of title I of such Act (42 U.S.C. 7512 et seq.) as
a nonattainment area described in section 149(b) for carbon
monoxide; or
(viii) 1.0 if, at the time of apportionment, an area is
designated as nonattainment for ozone under subpart 1 of part
D of title I of such Act (42 U.S.C. 7512 et seq.).(!1)
(C) Additional adjustment for carbon monoxide areas. - If, in
addition to being designated as a nonattainment or maintenance
area for ozone as described in section 149(b), any county
within the area was also classified under subpart 3 of part D
of title I of the Clean Air Act (42 U.S.C. 7512 et seq.) as a
nonattainment or maintenance area described in section 149(b)
for carbon monoxide, the weighted nonattainment or maintenance
area population of the county, as determined under clauses (i)
through (vi) or clause (viii) of subparagraph (B), shall be
further multiplied by a factor of 1.2.
(D) Minimum apportionment. - Notwithstanding any other
provision of this paragraph, each State shall receive a minimum
of 1/2 of 1 percent of the funds apportioned under this
paragraph.
(E) Determinations of population. - In determining population
figures for the purposes of this paragraph, the Secretary shall
use the latest available annual estimates prepared by the
Secretary of Commerce.
(3) Surface transportation program. -
(A) In general. - For the surface transportation program, in
accordance with the following formula:
(i) 25 percent of the apportionments in the ratio that -
(I) the total lane miles of Federal-aid highways in each
State; bears to
(II) the total lane miles of Federal-aid highways in all
States.
(ii) 40 percent of the apportionments in the ratio that -
(I) the total vehicle miles traveled on lanes on Federal-
aid highways in each State; bears to
(II) the total vehicle miles traveled on lanes on Federal-
aid highways in all States.
(iii) 35 percent of the apportionments in the ratio that -
(I) the estimated tax payments attributable to highway
users in each State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year
for which data are available; bears to
(II) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year
for which data are available.
(B) Minimum apportionment. - Notwithstanding subparagraph
(A), each State shall receive a minimum of 1/2 of 1 percent
of the funds apportioned under this paragraph.
(4) Interstate maintenance component. - For resurfacing,
restoring, rehabilitating, and reconstructing the Interstate
System -
(A) 33 1/3 percent in the ratio that -
(i) the total lane miles on Interstate System routes open
to traffic in each State; bears to
(ii) the total of all such lane miles in all States;
(B) 33 1/3 percent in the ratio that -
(i) the total vehicle miles traveled on Interstate System
routes open to traffic in each State; bears to
(ii) the total of all such vehicle miles traveled in all
States; and
(C) 33 1/3 percent in the ratio that -
(i) the total of each State's annual contributions to the
Highway Trust Fund (other than the Mass Transit Account)
attributable to commercial vehicles; bears to
(ii) the total of such annual contributions by all States.
(5) Highway safety improvement program. -
(A) In general. - For the highway safety improvement program,
in accordance with the following formula:
(i) 33 1/3 percent of the apportionments in the ratio that
-
(I) the total lane miles of Federal-aid highways in each
State; bears to
(II) the total lane miles of Federal-aid highways in all
States.
(ii) 33 1/3 percent of the apportionments in the ratio
that -
(I) the total vehicle miles traveled on lanes on Federal-
aid highways in each State; bears to
(II) the total vehicle miles traveled on lanes on Federal-
aid highways in all States.
(iii) 33 1/3 percent of the apportionments in the ratio
that -
(I) the number of fatalities on Federal-aid highways in
each State in the latest fiscal year for which data are
available; bears to
(II) the number of fatalities on Federal-aid highways in
all States in the latest fiscal year for which data are
available.
(B) Minimum apportionment. - Notwithstanding subparagraph
(A), each State shall receive a minimum of one-half of 1
percent of the funds apportioned under this paragraph.
(c) Transferability of NHS Apportionments. - A State may transfer
not to exceed 50 percent of the State's apportionment under
subsection (b)(1) to the apportionment of the State under
subsection (b)(3). A State may transfer not to exceed 100 percent
of the State's apportionment under subsection (b)(1) to the
apportionment of the State under subsection (b)(3) if the State
requests to make such transfer and the Secretary approves such
transfer as being in the public interest, after providing notice
and sufficient opportunity for public comment. Section 133(d) shall
not apply to funds transferred under this subsection.
(d) Operation Lifesaver and High Speed Rail Corridors. -
(1) Operation lifesaver. - To carry out a public information
and education program to help prevent and reduce motor vehicle
accidents, injuries, and fatalities and to improve driver
performance at railway-highway crossings -
(A) before making an apportionment under subsection (b)(3)
for fiscal year 2005, the Secretary shall set aside $560,000
for such fiscal year; and
(B) there is authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) $560,000 for
each of fiscal years 2006 through 2009.
(2) Railway-highway crossing hazard elimination in high speed
rail corridors. -
(A) Funding. - To carry out the elimination of hazards at
railway-highway crossings -
(i) before making an apportionment under subsection (b)(3)
for fiscal year 2005, the Secretary shall set aside
$5,250,000 for such fiscal year; and
(ii) there is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account)
$7,250,000 for fiscal year 2006, $10,000,000 for fiscal year
2007, $12,500,000 for fiscal year 2008, and $15,000,000 for
fiscal year 2009.
(B) Eligible corridors. - Subject to subparagraph (E), funds
made available under subparagraph (A) shall be expended for
projects in -
(i) 5 railway corridors selected by the Secretary in
accordance with this subsection (as in effect on the day
before the date of enactment of this clause);
(ii) 3 railway corridors selected by the Secretary in
accordance with subparagraphs (C) and (D);
(iii) a Gulf Coast high speed railway corridor (as
designated by the Secretary);
(iv) a Keystone high speed railway corridor from
Philadelphia to Harrisburg, Pennsylvania; and
(v) an Empire State railway corridor from New York City to
Albany to Buffalo, New York.
(C) Required inclusion of high speed rail lines. - A corridor
selected by the Secretary under subparagraph (B) shall include
rail lines where railroad speeds of 90 miles or more per hour
are occurring or can reasonably be expected to occur in the
future.
(D) Considerations in corridor selection. - In selecting
corridors under subparagraph (B), the Secretary shall consider -
(i) projected rail ridership volume in each corridor;
(ii) the percentage of each corridor over which a train
will be capable of operating at its maximum cruise speed
taking into account such factors as topography and other
traffic on the line;
(iii) projected benefits to nonriders such as congestion
relief on other modes of transportation serving each corridor
(including congestion in heavily traveled air passenger
corridors);
(iv) the amount of State and local financial support that
can reasonably be anticipated for the improvement of the line
and related facilities; and
(v) the cooperation of the owner of the right-of-way that
can reasonably be expected in the operation of high speed
rail passenger service in each corridor.
(E) Certain improvements. - Of such set-aside, not less than
$250,000 for fiscal year 2005, $1,000,000 for fiscal year 2006,
$1,750,000 for fiscal year 2007, $2,250,000 for fiscal year
2008, and $3,000,000 for fiscal year 2009 shall be available
for eligible improvements to the Minneapolis/St. Paul-Chicago
segment of the Midwest High Speed Rail Corridor.
(F) Authorization of appropriations. - There is authorized to
be appropriated $15,000,000 for each of fiscal years 1999
through 2003 to carry out this subsection.
(e) Certification of Apportionments. -
(1) In general. - On October 1 of each fiscal year the
Secretary shall certify to each of the State transportation
departments the sums which he has apportioned hereunder to each
State for such fiscal year. To permit the States to develop
adequate plans for the utilization of apportioned sums, the
Secretary shall advise each State of the amount that will be
apportioned each year under this section not later than ninety
days before the beginning of the fiscal year for which the sums
to be apportioned are authorized, except that in the case of the
Interstate System the Secretary shall advise each State ninety
days prior to the apportionment of such funds.
(2) Notice to states. - If the Secretary has not made an
apportionment under section 104, 105, or 144 by the 21st day of a
fiscal year beginning after September 30, 1998, the Secretary
shall transmit, by such 21st day, to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
written statement of the reason for not making such apportionment
in a timely manner.
(f) Metropolitan Planning. -
(1) Set-aside. - On October 1 of each fiscal year, the
Secretary shall set aside 1.25 percent of the funds authorized to
be appropriated for the Interstate maintenance, national highway
system, surface transportation, congestion mitigation and air
quality improvement, and highway bridge programs authorized under
this title to carry out the requirements of section 134.
(2) Apportionment to states of set-aside funds. - 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 percent of the amount
apportioned.
(3) Use of funds. -
(A) In general. - The funds apportioned to any State under
paragraph (2) of this subsection shall be made available by the
State to the metropolitan planning organizations 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.
(B) Unused funds. - Any funds that are not used to carry out
section 134 may be made available by a metropolitan planning
organization to the State to fund activities under section 135.
(4) Distribution of funds within states. -
(A) In general. - 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, attainment of air quality standards,
metropolitan area transportation needs, and other factors
necessary to provide for an appropriate distribution of funds
to carry out the requirements of section 134 and other
applicable requirements of Federal law.
(B) Reimbursement. - Not later than 30 days after the date of
receipt by a State of a request for reimbursement of
expenditures made by a metropolitan planning organization for
carrying out section 134, the State shall reimburse, from funds
distributed under this paragraph to the metropolitan planning
organization by the State, the metropolitan planning
organization for those expenditures.
(5) Determination of population figures. - For the purposes of
determining population figures under this subsection, the
Secretary shall use the most recent estimate published by the
Secretary of Commerce.
(g) Not more than 40 per centum of the amount apportioned in any
fiscal year to each State in accordance with sections 130 and 144
may be transferred from the apportionment under one section to the
apportionment under any other of such sections if such a transfer
is requested by the State transportation department and is approved
by the Secretary as being in the public interest. The Secretary may
approve the transfer of 100 per centum of the apportionment under
one such section to the apportionment under any other of such
sections if such transfer is requested by the State transportation
department, and is approved by the Secretary as being in the public
interest, if he has received satisfactory assurances from such
State transportation department that the purposes of the program
from which such funds are to be transferred have been met. A State
may transfer not to exceed 50 percent of the State's apportionment
under section 144 in any fiscal year to the apportionment of such
State under subsection (b)(1) or subsection (b)(3) of this section.
Any transfer to subsection (b)(3) shall not be subject to section
133(d). Nothing in this subsection authorizes the transfer of any
amount apportioned from the Highway Trust Fund to any apportionment
the funds for which were not from the Highway Trust Fund, and
nothing in this subsection authorizes the transfer of any amount
apportioned from funds not from the Highway Trust Fund to any
apportionment the funds for which were from the Highway Trust Fund.
(h) Recreational Trails Program. -
(1) Administrative costs. - Before apportioning sums authorized
to be appropriated to carry out the recreational trails program
under section 206, the Secretary shall deduct for administrative,
research, technical assistance, and training expenses for such
program $840,000 for each of fiscal years 2005 through 2009. The
Secretary may enter into contracts with for-profit organizations
or contracts, partnerships, or cooperative agreements with other
government agencies, institutions of higher learning, or
nonprofit organizations to perform these tasks.
(2) Apportionment to the states. - The Secretary shall
apportion the sums authorized to be appropriated for expenditure
on the recreational trails program for each fiscal year, among
the States in the following manner:
(A) 50 percent of that amount shall be apportioned equally
among eligible States.
(B) 50 percent of that amount shall be apportioned among
eligible States in amounts proportionate to the degree of non-
highway recreational fuel use in each of those States during
the preceding year.
(3) Eligible state defined. - In this section, the term
"eligible State" means a State that meets the requirements of
section 206(c).
(i) Audits of Highway Trust Fund. - From administrative funds
made available under subsection (a), the Secretary may reimburse
the Office of Inspector General of the Department of Transportation
for the conduct of annual audits of financial statements in
accordance with section 3521 of title 31.
(j) Report to Congress. - The Secretary shall submit to Congress
a report, and also make such report available to the public in a
user-friendly format via the Internet, for each fiscal year on -
(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
(2) the balance, as of the last day of the preceding fiscal
year, of the unobligated apportionment of each State by fiscal
year under this section and sections 105 and 144;
(3) the balance of unobligated sums available for expenditure
at the discretion of the Secretary for such highways and programs
for the fiscal year; and
(4) the rates of obligation of funds apportioned or set aside
under this section and sections 105, 133, and 144, according to -
(A) program;
(B) funding category or subcategory;
(C) type of improvement;
(D) State; and
(E) sub-State geographic area, including urbanized and rural
areas, on the basis of the population of each such area.
(k) Transfer of Highway and Transit Funds. -
(1) Transfer of highway funds for transit projects. -
(A) In general. - Subject to subparagraph (B), funds made
available for transit projects or transportation planning under
this title may be transferred to and administered by the
Secretary in accordance with chapter 53 of title 49.
(B) Non-federal share. - The provisions of this title
relating to the non-Federal share shall apply to the funds
transferred under subparagraph (A).
(2) Transfer of transit funds for highway projects. -
(A) In general. - Subject to subparagraph (B), funds made
available for highway projects or transportation planning under
chapter 53 of title 49 may be transferred to and administered
by the Secretary in accordance with this title.
(B) Non-federal share. - The provisions of chapter 53 of
title 49 relating to the non-Federal share shall apply to funds
transferred under subparagraph (A).
(3) Transfer of funds among states or to federal highway
administration. -
(A) In general. - Subject to subparagraphs (B) and (C), the
Secretary may, at the request of a State, transfer funds
apportioned or allocated under this title to the State to
another State, or to the Federal Highway Administration, for
the purpose of funding one or more projects that are eligible
for assistance with funds so apportioned or allocated.
(B) Apportionment. - The transfer shall have no effect on any
apportionment of funds to a State under this section or section
105 or 144.
(C) Surface transportation program. - Funds that are
apportioned or allocated to a State under subsection (b)(3) and
attributed to an urbanized area of a State with a population of
over 200,000 individuals under section 133(d)(3) may be
transferred under this paragraph only if the metropolitan
planning organization designated for the area concurs, in
writing, with the transfer request.
(4) Transfer of obligation authority. - Obligation authority
for funds transferred under this subsection shall be transferred
in the same manner and amount as the funds for the projects that
are transferred under this subsection.
(l) Effect of Certain Delay in Deposits Into Highway Trust Fund. -
Notwithstanding any other provision of law, deposits into the
Highway Trust Fund resulting from the application of section 901(e)
of the Taxpayer Relief Act of 1997 (111 Stat. 872) shall not be
taken into account in determining the apportionments and
allocations that any State shall be entitled to receive under the
Transportation Equity Act for the 21st Century and this title.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 889; Pub. L. 86-70, Sec.
21(e)(2), June 25, 1959, 73 Stat. 146; Pub. L. 86-657, Sec. 8(g),
July 14, 1960, 74 Stat. 525; Pub. L. 87-866, Sec. 10(a), Oct. 23,
1962, 76 Stat. 1148; Pub. L. 88-157, Secs. 2, 3, Oct. 24, 1963, 77
Stat. 276; Pub. L. 88-423, Sec. 4(a), Aug. 13, 1964, 78 Stat. 397;
Pub. L. 89-574, Sec. 4(b), Sept. 13, 1966, 80 Stat. 767; Pub. L. 90-
495, Sec. 4(b), Aug. 23, 1968, 82 Stat. 816; Pub. L. 91-605, title
I, Secs. 104(b), 106(c), Dec. 31, 1970, 84 Stat. 1714, 1717; Pub.
L. 93-87, title I, Secs. 106(b), 111(a), 112, title II, Sec. 227,
Aug. 13, 1973, 87 Stat. 254, 256, 257, 292; Pub. L. 94-280, title
I, Secs. 106(b), 107(b), 112(a)-(g), 113(a), title II, Sec. 206,
May 5, 1976, 90 Stat. 429, 430, 433-435, 453; Pub. L. 95-599, title
I, Secs. 108-110, 116(b), Nov. 6, 1978, 92 Stat. 2695, 2696, 2699;
Pub. L. 97-134, Secs. 4(c), 5, Dec. 29, 1981, 95 Stat. 1700; Pub.
L. 100-17, title I, Secs. 102(b)(1), (2), 114(e)(1), Apr. 2, 1987,
101 Stat. 135, 153; Pub. L. 100-202, Sec. 101(l) [title III, Sec.
347(a)], Dec. 22, 1987, 101 Stat. 1329-358, 1329-388; Pub. L. 101-
516, title III, Sec. 333 (part), Nov. 5, 1990, 104 Stat. 2184;
Pub. L. 102-143, title III, Sec. 333(c), Oct. 28, 1991, 105 Stat.
947; Pub. L. 102-240, title I, Secs. 1001(c)-(e), 1003(e), 1006(e),
(f), 1007(b), 1008(b), 1009(d), 1010, 1024(b), (c)(2), 1028(g),
Dec. 18, 1991, 105 Stat. 1915, 1916, 1926, 1930, 1932, 1934, 1962,
1968; Pub. L. 104-59, title III, Secs. 302, 319(a)(2), 337(f),
title IV, Sec. 410, Nov. 28, 1995, 109 Stat. 578, 589, 603, 633;
Pub. L. 105-130, Secs. 4(a)(3), 5(b), Dec. 1, 1997, 111 Stat. 2556;
Pub. L. 105-178, title I, Secs. 1103(a)-(k), (o), 1212(a)(2)(A),
June 9, 1998, 112 Stat. 118-125, 193; Pub. L. 105-206, title IX,
Sec. 9002(c)(3), July 22, 1998, 112 Stat. 835; Pub. L. 106-159,
title I, Sec. 101(b), Dec. 9, 1999, 113 Stat. 1751; Pub. L. 108-
178, Sec. 4(d), Dec. 15, 2003, 117 Stat. 2641; Pub. L. 109-59,
title I, Secs. 1103, 1107-1109(a), 1118(b)(2), 1401(a)(3)(A), (b),
Aug. 10, 2005, 119 Stat. 1161, 1166-1168, 1181, 1225; Pub. L. 110-
244, title I, Sec. 101(i), (m)(3)(A), June 6, 2008, 122 Stat.
1574, 1576.)
-REFTEXT-
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (b)(2)(B), (C), is act
July 14, 1955, ch. 360, 69 Stat. 322. Subparts 1, 2, and 3 of part
D of title I of the Act are classified to subparts 1 (Sec. 7501 et
seq.), 2 (Sec. 7511 et seq.), and 3 (Sec. 7512 et seq.),
respectively, of part D of subchapter I of chapter 85 of Title 42,
The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 7401 of
Title 42 and Tables.
The date of enactment of this clause, referred to in subsec.
(d)(2)(B)(i), is the date of enactment of Pub. L. 105-178, which
was approved June 9, 1998.
Section 901(e) of the Taxpayer Relief Act of 1997, referred to in
subsec. (l), is section 901(e) of Pub. L. 105-34, title IX, Aug. 5,
1997, 111 Stat. 872, which is set out as a note under section 6302
of Title 26, Internal Revenue Code.
The Transportation Equity Act for the 21st Century, referred to
in subsec. (l), is Pub. L. 105-178, June 9, 1998, 112 Stat. 107.
For complete classification of this Act to the Code, see section
1(a) of Pub. L. 105-178, set out as a Short Title of 1998 Amendment
note under section 101 of this title and Tables.
-COD-
CODIFICATION
Another section 1003(e) of Pub. L. 102-240, as added by Pub. L.
105-130, Sec. 2(d), is not classified to the Code.
-MISC1-
AMENDMENTS
2008 - Subsec. (b)(5)(A)(iii). Pub. L. 110-244, Sec. 101(i),
substituted "Federal-aid highways" for "the Federal-aid system" in
subcls. (I) and (II).
Subsec. (f)(1). Pub. L. 110-244, Sec. 101(m)(3)(A), struck out
"replacement and rehabilitation" after "highway bridge".
2005 - Subsec. (a). Pub. L. 109-59, Sec. 1103(a)(1), reenacted
heading without change and amended text of subsec. (a) generally,
substituting provisions authorizing appropriations for
administrative expenses of the Federal Highway Administration and
provisions relating to uses and availability of funds for
provisions relating to deduction for administrative activities from
sums made available under certain programs and provisions relating
to consideration of unobligated balances, availability of sums, and
limitation on transferability.
Subsec. (b). Pub. L. 109-59, Secs. 1103(a)(2)(A), 1401(b)(1), in
introductory provisions, substituted "the set-asides authorized by
subsections (d) and (f) and section 130(e)" for "the deduction
authorized by subsection (a) and the set-aside authorized by
subsection (f)" and inserted "the highway safety improvement
program," after "Improvement program,".
Subsec. (b)(1)(A). Pub. L. 109-59, Secs. 1103(b), (c),
1118(b)(2), in introductory provisions, substituted "$40,000,000
for each of fiscal years 2005 and 2006 and $50,000,000 for each of
fiscal years 2007 through 2009 for the territorial highway program
under section 215, $30,000,000 for each of fiscal years 2005
through 2009" for "$36,400,000 for each fiscal year to the Virgin
Islands, Guam, American Samoa, and the Commonwealth of Northern
Mariana Islands, $18,800,000 for each of fiscal years 1998 through
2002".
Subsec. (b)(2)(B)(i). Pub. L. 109-59, Sec. 1103(d)(1)(A), added
cl. (i) and struck out former cl. (i) which read as follows: "0.8
if -
"(I) at the time of the apportionment, the area is a
maintenance area; or
"(II) at the time of the apportionment, the area is classified
as a submarginal ozone nonattainment area under the Clean Air Act
(42 U.S.C. 7401 et seq.);".
Subsec. (b)(2)(B)(viii). Pub. L. 109-59, Sec. 1103(d)(1)(B)-(D),
added cl. (viii).
Subsec. (b)(2)(C). Pub. L. 109-59, Sec. 1103(d)(2), added subpar.
(C) and struck out former subpar. (C), which required that the
weighted nonattainment or maintenance area population of the area
for a carbon monoxide nonattainment area be further multiplied by a
factor of 1.2 and that the weighted nonattainment or maintenance
area population of the area for a carbon monoxide maintenance area
be further multiplied by a factor of 1.1.
Subsec. (b)(5). Pub. L. 109-59, Sec. 1401(b)(2), added par. (5).
Subsec. (d)(1). Pub. L. 109-59, Sec. 1103(f)(1), added par. (1)
and struck out heading and text of former par. (1). Text read as
follows: "Before making an apportionment under subsection (b)(3) of
this section for a fiscal year, the Secretary shall set aside
$500,000 for such fiscal year for carrying out a public information
and education program to help prevent and reduce motor vehicle
accidents, injuries, and fatalities and to improve driver
performance at railway-highway crossings."
Subsec. (d)(2). Pub. L. 109-59, Sec. 1103(f)(1), reenacted
heading without change.
Subsec. (d)(2)(A). Pub. L. 109-59, Sec. 1103(f)(1), added subpar.
(A) and struck out heading and text of former subpar. (A). Text
read as follows: "Before making an apportionment of funds under
subsection (b)(3) for a fiscal year, the Secretary shall set aside
$5,250,000 of the funds made available for the surface
transportation program for the fiscal year for elimination of
hazards of railway-highway crossings."
Subsec. (d)(2)(E). Pub. L. 109-59, Sec. 1103(f)(2), substituted
"Of such set-aside, not less than $250,000 for fiscal year 2005,
$1,000,000 for fiscal year 2006, $1,750,000 for fiscal year 2007,
$2,250,000 for fiscal year 2008, and $3,000,000 for fiscal year
2009" for "Not less than $250,000 of such set-aside" and struck out
"per fiscal year" after "shall be available".
Subsec. (e)(1). Pub. L. 109-59, Sec. 1103(a)(2)(B), struck out ",
and also the sums which he has deducted for administration pursuant
to subsection (a) of this section" after "such fiscal year".
Subsec. (f)(1). Pub. L. 109-59, Sec. 1107(1), added par. (1) and
struck out heading and text of former par. (1). Text read as
follows: "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 1 percent of the remaining funds
authorized to be appropriated for expenditure upon programs
authorized under this title, for the purpose of carrying out the
requirements of section 134 of this title."
Subsec. (f)(2). Pub. L. 109-59, Sec. 1107(2), substituted
"percent" for "per centum".
Subsec. (f)(3). Pub. L. 109-59, Sec. 1107(3), designated first
sentence as subpar. (A), inserted heading, and substituted subpar.
(B) for second sentence which read as follows: "These funds shall
be matched in accordance with section 120(b) unless the Secretary
determines that the interests of the Federal-aid highway program
would be best served without such matching."
Subsec. (f)(4). Pub. L. 109-59, Sec. 1107(4), designated existing
provisions as subpar. (A), inserted heading, and added subpar. (B).
Subsec. (g). Pub. L. 109-59, Sec. 1401(a)(3)(A), substituted
"sections 130 and 144" for "sections 130, 144, and 152 of this
title".
Subsec. (h)(1). Pub. L. 109-59, Sec. 1109(a)(1), substituted
"Before apportioning sums authorized to be appropriated to carry
out the recreational trails program under section 206, the
Secretary shall deduct for administrative, research, technical
assistance, and training expenses for such program $840,000 for
each of fiscal years 2005 through 2009." for "Whenever an
apportionment is made of the sums authorized to be appropriated to
carry out the recreational trails program under section 206, the
Secretary shall deduct an amount, not to exceed 1 1/2 percent of
the sums authorized, to cover the cost to the Secretary for
administration of and research and technical assistance under the
recreational trails program and for administration of the National
Recreational Trails Advisory Committee."
Subsec. (h)(2). Pub. L. 109-59, Sec. 1109(a)(2), substituted "The
Secretary shall apportion the sums" for "After making the deduction
authorized by paragraph (1) of this subsection, the Secretary shall
apportion the remainder of the sums" in introductory provisions.
Subsec. (i). Pub. L. 109-59, Sec. 1103(a)(2)(C), substituted
"made available" for "deducted".
Subsec. (j). Pub. L. 109-59, Sec. 1103(e), substituted "submit to
Congress a report, and also make such report available to the
public in a user-friendly format via the Internet," for "submit to
Congress a report" in introductory provisions.
Subsec. (k). Pub. L. 109-59, Sec. 1108, reenacted heading without
change and amended text of subsec. (k) generally. Prior to
amendment, text read as follows:
"(1) Transfer of highway funds. - Funds made available under this
title and transferred for transit projects of a type described in
section 133(b)(2) shall be administered by the Secretary in
accordance with chapter 53 of title 49, except that the provisions
of this title relating to the non-Federal share shall apply to the
transferred funds.
"(2) Transfer of transit funds. - Funds made available under
chapter 53 of title 49 and transferred for highway projects shall
be administered by the Secretary in accordance with this title,
except that the provisions of such chapter relating to the non-
Federal share shall apply to the transferred funds.
"(3) Transfer of obligation authority. - Obligation authority
provided for projects described in paragraphs (1) and (2) shall be
transferred in the same manner and amount as the funds for the
projects are transferred."
2003 - Subsec. (a)(1). Pub. L. 108-178 substituted "section 14501
of title 40" for "section 201 of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.)" in introductory
provisions.
1999 - Subsec. (a)(1). Pub. L. 106-159, Sec. 101(b)(1)-(3),
substituted "exceed - " for "exceed 1 1/2 percent of all sums so
made available, as the Secretary determines necessary - " in
introductory provisions, added introductory provisions of subpar.
(A), redesignated former subpars. (A) and (B) as cls. (i) and (ii),
respectively, of subpar. (A), substituted "; and" for the period at
end of cl. (ii), and added subpar. (B).
Subsec. (a)(4). Pub. L. 106-159, Sec. 101(b)(4), which directed
amendment of subsec. (a)(1) by adding par. (4) at the end, was
executed by adding par. (4) at the end of subsec. (a), to reflect
the probable intent of Congress.
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1103(a), added subsec.
(a) and struck out former subsec. (a) which read as follows:
"Whenever an apportionment is made of the sums authorized to be
appropriated for expenditure on the surface transportation program,
the congestion mitigation and air quality improvement program, the
National Highway System, and the Interstate System, the Secretary
shall deduct a sum, in such amount not to exceed 3 3/4 per centum
of all sums so authorized as the Secretary may deem necessary for
administering the provisions of law to be financed from
appropriations for the Federal-aid systems and for carrying on the
research authorized by subsections (a) and (b) of section 307 of
this title. In making such determination, the Secretary shall take
into account the unexpended balance of any sums deducted for such
purposes in prior years. The sum so deducted shall be available for
expenditure from the unexpended balance of any appropriation made
at any time for expenditure upon the Federal-aid systems, until
such sum has been expended."
Subsec. (a)(1). Pub. L. 105-178, Sec. 1103(o)(1), as added by
Pub. L. 105-206, Sec. 9002(c)(3), struck out "under section 103"
after "National Highway System program" in introductory provisions.
Subsec. (b). Pub. L. 105-178, Sec. 1103(b), inserted heading and
amended text of subsec. (b) generally. Prior to amendment, text
related to Secretary's apportionment among various States of sums
authorized to be appropriated for surface transportation program,
congestion mitigation and air quality improvement program, National
Highway System, and Interstate System each fiscal year.
Subsec. (b)(1)(A). Pub. L. 105-178, Sec. 1103(o)(2)(A), as added
by Pub. L. 105-206, Sec. 9002(c)(3), substituted "1998 through
2002" for "1999 through 2003".
Subsec. (b)(4)(B)(i). Pub. L. 105-178, Sec. 1103(o)(2)(B), as
added by Pub. L. 105-206, Sec. 9002(c)(3), substituted "on
Interstate System routes open to traffic in each State" for "on
lanes on Interstate System routes designated under -
"(I) section 103;
"(II) section 139(a) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the 21st
Century) before March 9, 1984 (other than routes on toll roads
not subject to a Secretarial agreement under section 105 of the
Federal-Aid Highway Act of 1978 (92 Stat. 2692)); and
"(III) section 139(c) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the 21st
Century);
in each State".
Subsec. (d)(1). Pub. L. 105-178, Sec. 1103(c)(1), substituted
"Before making an apportionment under subsection (b)(3) of this
section for a fiscal year, the Secretary shall set aside $500,000
for such" for "The Secretary shall expend, from administrative
funds deducted under subsection (a), $300,000 for each".
Subsec. (d)(2). Pub. L. 105-178, Sec. 1103(c)(2), added par. (2)
and struck out former par. (2) which read as follows:
"(2) Railway-highway crossing hazard elimination in high speed
rail corridors. - (A) Before making an apportionment of funds under
subsection (b)(3) for a fiscal year, the Secretary shall set aside
$5,000,000 of the funds authorized to be appropriated for the
surface transportation program for such fiscal year for elimination
of hazards of railway-highway crossings in not to exceed 5 railway
corridors selected by the Secretary in accordance with the criteria
set forth in this paragraph.
"(B) A corridor selected by the Secretary under subparagraph (A)
must include rail lines where railroad speeds of 90 miles per hour
are occurring or can reasonably be expected to occur in the
future."
Subsec. (d)(3). Pub. L. 105-178, Sec. 1103(c)(2), struck out par.
(3) which read as follows: "In making the determination required by
paragraph (2)(A), the Secretary shall consider projected rail
ridership volumes in such corridors, the percentage of the corridor
over which a train will be capable of operating at its maximum
cruise speed taking into account such factors as topography and
other traffic on the line, projected benefits to nonriders such as
congestion relief on other modes of transportation serving the
corridors (including congestion in heavily traveled air passenger
corridors), the amount of State and local financial support that
can reasonably be anticipated for the improvement of the line and
related facilities, and the cooperation of the owner of the right-
of-way that can reasonably be expected in the operation of high
speed rail passenger service in such corridors."
Subsec. (e). Pub. L. 105-178, Sec. 1103(d), inserted heading,
designated existing provisions as par. (1), inserted heading,
struck out "(other than under subsection (b)(5) of this section)"
after "apportioned hereunder" and "and research" before "pursuant
to subsection (a) of this section" in first sentence, struck out
second sentence which read "On October 1 of the year preceding the
fiscal year for which authorized, the Secretary shall certify to
each of the State highway departments the sums which he has
apportioned under subsection (b)(5) of this section to each State
for such fiscal year, and also the sums which he has deducted for
administration and research pursuant to subsection (a) of this
section.", realigned margins, and added par. (2).
Subsec. (e)(1). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii),
substituted "State transportation departments" for "State highway
departments".
Subsec. (e)(2). Pub. L. 105-178, Sec. 1103(o)(3), as added by
Pub. L. 105-206, Sec. 9002(c)(3), substituted "104, 105, or 144"
for "104, 144, or 157".
Subsec. (f). Pub. L. 105-178, Sec. 1103(k)(1), inserted heading.
Subsec. (f)(1). Pub. L. 105-178, Sec. 1103(k)(2), which directed
the amendment of par. (1) by striking out " ', except that' and all
that follows through 'programs' ", was executed by striking out ",
except that the amount from which such set aside is made shall not
include funds authorized to be appropriated for the recreational
trails program" after "section 134 of this title" to reflect the
probable intent of Congress and the amendment by Pub. L. 105-178,
Sec. 1103(e)(1). See below.
Pub. L. 105-178, Sec. 1103(k)(1), (6), inserted heading and
realigned margins.
Pub. L. 105-178, Sec. 1103(e)(1), substituted "recreational
trails program" for "Interstate construction and Interstate
substitute programs".
Subsec. (f)(2). Pub. L. 105-178, Sec. 1103(k)(3), (6), inserted
heading and realigned margins.
Subsec. (f)(3). Pub. L. 105-178, Sec. 1103(e)(2), (k)(4), (6),
inserted heading, substituted "section 120(b)" for "section 120(j)
of this title", and realigned margins.
Subsec. (f)(4). Pub. L. 105-178, Sec. 1103(k)(5), (6), inserted
heading and realigned margins.
Subsec. (f)(5). Pub. L. 105-178, Sec. 1103(k)(6), realigned
margins.
Subsec. (g). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
"State transportation department" for "State highway department"
wherever appearing.
Subsec. (h). Pub. L. 105-178, Sec. 1103(f), amended heading and
text of subsec. (h) generally. Prior to amendment, text read as
follows: "In addition to funds made available from the National
Recreational Trails Trust Fund, the Secretary shall obligate, from
administrative funds (contract authority) deducted under subsection
(a), to carry out section 1302 of the Intermodal Surface
Transportation Efficiency Act of 1991 (16 U.S.C. 1261) $15,000,000
for each of fiscal years 1996 and 1997 and $7,500,000 for the
period of October 1, 1997, through March 31, 1998."
Subsec. (i). Pub. L. 105-178, Sec. 1103(g), added subsec. (i) and
struck out former subsec. (i) which read as follows:
"(i) Woodrow Wilson Memorial Bridge. -
"(1) Expenditure. - From any available administrative funds
deducted under subsection (a), the Secretary shall obligate such
sums as are necessary for each of fiscal years 1996 and 1997, and
for the period of October 1, 1997, through March 31, 1998, for
the rehabilitation of the Woodrow Wilson Memorial Bridge and for
environmental studies and documentation, planning, preliminary
engineering and design, and final engineering for a new crossing
of the Potomac River as part of the Project, as defined by
section 404 of the Woodrow Wilson Memorial Bridge Authority Act
of 1995.
"(2) Federal share. - The Federal share of the cost of any
project funded with amounts expended under paragraph (1) shall be
100 percent."
Subsec. (j). Pub. L. 105-178, Sec. 1103(h), added subsec. (j) and
struck out former subsec. (j) which read as follows: "The Secretary
shall submit to Congress not later than the 20th day of each
calendar month which begins after the date of enactment of this
subsection a report on (1) the amount of obligation, by State, for
Federal-aid highways and the highway safety construction programs
during the preceding calendar month, (2) the cumulative amount of
obligation, by State, for that fiscal year, (3) the balance as of
the last day of such preceding month of the unobligated
apportionment of each State by fiscal year, and (4) the balance of
unobligated sums available for expenditure at the discretion of the
Secretary for such highways and programs for that fiscal year."
Subsec. (k). Pub. L. 105-178, Sec. 1103(i), added subsec. (k).
Subsec. (l). Pub. L. 105-178, Sec. 1103(j), added subsec. (l).
1997 - Subsec. (h). Pub. L. 105-130, Sec. 5(b), added Pub. L. 102-
240, Sec. 1003(e). See 1991 Amendment note below.
Subsec. (i)(1). Pub. L. 105-130, Sec. 4(a)(3), inserted ", and
for the period of October 1, 1997, through March 31, 1998," after
"fiscal years 1996 and 1997".
1995 - Subsec. (b)(2). Pub. L. 104-59, Sec. 319(a)(2), in second
sentence of introductory provisions substituted "was a
nonattainment area (as defined in section 171(2) of the Clean Air
Act (42 U.S.C. 7501(2))) for ozone during any part of fiscal year
1994" for "is a nonattainment area (as defined in the Clean Air
Act) for ozone" and in first sentence of closing provisions
substituted "If the area was also" for "If the area is also", and
inserted "during any part of fiscal year 1994" after "area for
carbon monoxide".
Subsec. (g). Pub. L. 104-59, Sec. 302, substituted "exceed 50
percent" for "exceed 40 percent" in third sentence.
Subsecs. (h) to (j). Pub. L. 104-59, Secs. 337(f), 410, added
subsecs. (h) and (i) and redesignated former subsec. (h) as (j).
1991 - Subsec. (a). Pub. L. 102-240, Sec. 1007(b)(2)(A),
substituted "on the surface transportation program, the congestion
mitigation and air quality improvement program, the National
Highway System, and the Interstate System" for "upon the Federal-
aid systems" and was executed by making the substitution for the
first reference to "upon the Federal-aid systems".
Subsec. (a)(2), (3). Pub. L. 102-143, Sec. 333(c), repealed Pub.
L. 101-516, Sec. 333. See 1990 Amendment note below.
Subsec. (b). Pub. L. 102-240, Sec. 1007(b)(2), in introductory
provisions, substituted "paragraph (5)(A)" for "paragraphs (4) and
(5)", "and section 307" for "and sections 118(c) and 307(d)", and
"on the surface transportation program, the congestion mitigation
and air quality improvement program, the National Highway System,
and the Interstate System" for "upon the Federal-aid systems".
Pub. L. 102-143, Sec. 333(c), repealed Pub. L. 101-516, Sec. 333.
See 1990 Amendment note below.
Subsec. (b)(1). Pub. L. 102-240, Sec. 1006(e), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "For the
Federal-aid primary system (including extensions in urban areas and
priority primary routes) -
"Two-thirds according to the following formula: one-third in
the ratio which the area of each State bears to the total area of
all the States, one-third in the ratio which the population of
rural areas of each State bears to the total population of rural
areas of all the States as shown by the latest available Federal
census, and one-third in the ratio which the mileage of rural
delivery routes and intercity mail routes where service is
performed by motor vehicles in each State bear to the total
mileage of rural delivery and intercity mail routes where service
is performed by motor vehicles, as shown by a certificate of the
Postmaster General, which he is directed to make and furnish
annually to the Secretary; and one-third as follows: in the ratio
which the population in urban areas in each State bears to the
total population in urban areas in all the States as shown by the
latest Federal census. No State (other than the District of
Columbia) shall receive less than one-half of 1 per centum of
each year's apportionment."
Subsec. (b)(2). Pub. L. 102-240, Sec. 1008(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "For the
Federal-aid secondary system:
"One-third in the ratio which the area of each State bears to
the total area of all the States; one-third in the ratio which
the population of rural areas of each State bears to the total
population of rural areas of all the States as shown by the
latest available Federal census; and one-third in the ratio which
the mileage of rural delivery and intercity mail routes where
service is performed by motor vehicles, certified as above
provided, in each State bears to the total mileage of rural
delivery and intercity mail routes where service is performed by
motor vehicles in all the States. No State (other than the
District of Columbia) shall receive less than one-half of 1 per
centum of each year's apportionment."
Subsec. (b)(3). Pub. L. 102-240, Sec. 1007(b)(1), which directed
that par. (3) "is amended to read as follows", was executed by
adding par. (3) to reflect the probable intent of Congress, because
prior par. (3) had been repealed. See 1976 Amendment note below.
Subsec. (b)(5)(A). Pub. L. 102-240, Sec. 1001(c)-(e), substituted
"1960 through 1996" for "1960 through 1990" wherever appearing, and
"As soon as practicable after the date of the enactment of the
Intermodal Surface Transportation Efficiency Act of 1991 for fiscal
year 1992, and on October 1 of each of fiscal years 1993, 1994, and
1995, the Secretary shall make the apportionment required by this
subparagraph for all States (other than Massachusetts) using the
Federal share of the last estimate submitted to Congress, adjusted
to reflect (i) all previous credits, apportionments of interstate
construction funds, and lapses of previous apportionments of
interstate construction funds, (ii) previous withdrawals of
interstate segments, (iii) previous allocations of interstate
discretionary funds, and (iv) transfers of interstate construction
funds" for "On October 1 of each of fiscal years 1988, 1989, 1990,
and 1991, whenever Congress has not approved a cost estimate under
this subparagraph, the Secretary shall make the apportionment
required by this subparagraph using the Federal share of the last
estimate submitted to Congress, adjusted to reflect (i) all
previous credits, apportionments of interstate construction funds
and lapses of previous apportionments of interstate construction
funds, (ii) previous withdrawals of interstate segments, (iii)
previous allocations of interstate discretionary funds, and (iv)
transfers of interstate construction funds", and inserted before
last sentence: "Notwithstanding any other provision of this
subparagraph or any cost estimate approved or adjusted pursuant to
this subparagraph, subject to the deductions under this section,
the amounts to be apportioned to the State of Massachusetts
pursuant to this subparagraph for fiscal years 1993, 1994, 1995,
and 1996 shall be as follows: $450,000,000 for fiscal year 1993,
$800,000,000 for fiscal year 1994, $800,000,000 for fiscal year
1995, and $500,000,000 for fiscal year 1996."
Subsec. (b)(5)(B). Pub. L. 102-240, Sec. 1009(d), inserted "and
routes on the Interstate System designated under section 139(a) of
this title before March 9, 1984," in two places.
Subsec. (c). Pub. L. 102-240, Sec. 1006(f), added subsec. (c) and
struck out former subsec. (c) which read as follows:
"(1) Subject to subsection (d), the amount apportioned in any
fiscal year, commencing with the apportionment of funds authorized
to be appropriated under subsection (a) of section 102 of the
Federal-Aid Highway Act of 1956 (70 Stat. 374), to each State in
accordance with paragraph (1) or (2) of subsection (b) of this
section may be transferred from the apportionment under one
paragraph to the apportionment under the other paragraph if such a
transfer is requested by the State highway department and is
approved by the Governor of such State and the Secretary as being
in the public interest.
"(2) Subject to subsection (d), the amount apportioned in any
fiscal year to each State in accordance with paragraph (1) or (6)
of subsection (b) of this section may be transferred from the
apportionment under one paragraph to the apportionment under the
other paragraph if such transfer is requested by the State highway
department and is approved by the Governor of such State and the
Secretary as being in the public interest. Funds apportioned in
accordance with paragraph (6) of subsection (b) of this section
shall not be transferred from their allocation to any urbanized
area of two hundred thousand population or more under section 150
of this title, without the approval of the local officials of such
urbanized area."
Pub. L. 102-143, Sec. 333(c), repealed Pub. L. 101-516, Sec. 333.
See 1990 Amendment note below.
Subsec. (d). Pub. L. 102-240, Sec. 1010, amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "Each
transfer of apportionments under subsection (c) of this section
shall be subject to the following conditions:
"(1) In the case of transfers under paragraph (1), the total of
all transfers during any fiscal year to any apportionment shall
not increase the original amount of such apportionment for such
fiscal year by more than 50 per centum. Not more than 50 per
centum of the original amount of an apportionment for any fiscal
year shall be transferred to other apportionments.
"(2) In the case of transfers under paragraph (2), the total of
all transfers during any fiscal year to any apportionment shall
not increase the original amount of such apportionment for such
fiscal year by more than 50 per centum. Not more than 50 per
centum of the original amount of an apportionment for any fiscal
year shall be transferred to other apportionments.
"(3) No transfer shall be made from an apportionment during any
fiscal year if during such fiscal year a transfer has been made
to such apportionment.
"(4) No transfer shall be made to an apportionment during any
fiscal year if during such fiscal year a transfer has been made
from such apportionment."
Subsec. (f)(1). Pub. L. 102-240, Sec. 1024(b)(1)-(3), substituted
"1 percent" for "one-half per centum", "programs authorized under
this title" for "the Federal-aid systems", and "except that the
amount from which such set aside is made shall not include funds
authorized to be appropriated for the Interstate construction and
Interstate substitute programs" for "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".
Subsec. (f)(3). Pub. L. 102-240, Sec. 1024(b)(4), (c)(2),
substituted "120(j)" for "120" and struck out "designated by the
State as being" after "organizations".
Subsec. (f)(4). Pub. L. 102-240, Sec. 1024(b)(5), inserted
provisions relating to attainment of air quality standards and
provisions relating to other factors necessary to provide
appropriate distribution of funds to carry out section 134 and
other requirements of Federal law.
Subsec. (f)(5). Pub. L. 102-240, Sec. 1024(b)(6), added par. (5).
Subsec. (g). Pub. L. 102-240, Sec. 1028(g), inserted before last
sentence "A State may transfer not to exceed 40 percent of the
State's apportionment under section 144 in any fiscal year to the
apportionment of such State under subsection (b)(1) or subsection
(b)(3) of this section. Any transfer to subsection (b)(3) shall not
be subject to section 133(d)."
Subsec. (h). Pub. L. 102-240, Sec. 1003(e), as added by Pub. L.
105-130, Sec. 5(b), inserted before period at end "and $7,500,000
for the period of October 1, 1997, through March 31, 1998".
1990 - Subsec. (a)(2), (3). Pub. L. 101-516, Sec. 333 [part],
which added pars. (2) and (3) to read as follows:
"(2) The Secretary shall withhold 10 per centum (including any
amounts withheld under paragraph (1)) of the amount required to be
apportioned to any State under each of paragraphs (1), (2), (5),
and (6) of section 104(b) on the first day of each fiscal year
which begins after the fourth full calendar year following the date
of enactment of this section if the State does not meet the
requirements of paragraph (3) on the first day of such fiscal year.
"(3) A State meets the requirements of this paragraph if -
"(A) the State has enacted and is enforcing a law that requires
in all circumstances, or requires in the absence of compelling
circumstances warranting an exception -
"(i) the revocation, or suspension for at least 6 months, of
the driver's license of any individual who is convicted, after
the enactment of such law, of -
"(I) any violation of the Controlled Substances Act, or
"(II) any drug offense, and
"(ii) a delay in the issuance or reinstatement of a driver's
license to such an individual for at least 6 months after the
individual applies for the issuance or reinstatement of a
driver's license if the individual does not have a driver's
license, or the driver's license of the individual is
suspended, at the time the individual is so convicted, or
"(B) The Governor of the State -
"(i) submits to the Secretary no earlier than the adjournment
sine die of the first regularly scheduled session of the
State's legislature which begins after the date of enactment of
this section a written certification stating that he is opposed
to the enactment or enforcement in his State of a law described
in subparagraph (A) relating to the revocation, suspension,
issuance, or reinstatement of driver's licenses to convicted
drug offenders; and
"(ii) submits to the Secretary a written certification that
the legislature (including both Houses where applicable) has
adopted a resolution expressing its opposition to a law
described in clause (i)."
was repealed by Pub. L. 102-143, Sec. 333(c). See Construction of
1990 Amendment note below and section 159(a)(2), (3) of this title.
Subsec. (b). Pub. L. 101-516, Sec. 333 [part], which amended
subsec. (b) generally to read as follows:
"(1)(A) Any funds withheld under subsection (a) from
apportionment to any State on or before September 30, 1995, shall
remain available for apportionment to such State as follows:
"(i) If such funds would have been apportioned under section
104(b)(5)(A) but for this section, such funds shall remain
available until the end of the fiscal year for which such funds
are authorized to be appropriated.
"(ii) If such funds would have been apportioned under section
104(b)(5)(B) but for this section, such funds shall remain
available until the end of the second fiscal year following the
fiscal year for which such funds are authorized to be
appropriated.
"(iii) If such funds would have been apportioned under
paragraph (1), (2), or (6) of section 104(b) but for this
section, such funds shall remain available until the end of the
third fiscal year following the fiscal year for which such funds
are authorized to be appropriated.
"(B) No funds withheld under this section from apportionment to
any State after September 30, 1995, shall be available for
apportionment to such State.
"(2) If, before the last day of the period for which funds
withheld under subsection (a) from apportionment are to remain
available for apportionment to a State under paragraph (1), the
State meets the requirements of subsection (a)(3), the Secretary
shall, on the first day on which the State meets the requirements
of subsection (a)(3), apportion to the State the funds withheld
under subsection (a) that remain available for apportionment to the
State.
"(3) Any funds apportioned pursuant to paragraph (2) shall remain
available for expenditure as follows:
"(A) Funds originally apportioned under section 104(b)(5)(A)
shall remain available until the end of the fiscal year
succeeding the fiscal year in which such funds are apportioned
under paragraph (2).
"(B) Funds originally apportioned under paragraph (1), (2),
(5)(B), or (6) of section 104(b) shall remain available until the
end of the third fiscal year succeeding the fiscal year in which
such funds are so apportioned.
Sums not obligated at the end of such period shall lapse or, in the
case of funds apportioned under section 104(b)(5), shall lapse and
be made available by the Secretary for projects in accordance with
section 118(b).
"(4) If, at the end of the period for which funds withheld under
subsection (a) from apportionment are available for apportionment
to a State under paragraph (1), the State does not meet the
requirements of subsection (a)(3), such funds shall lapse or, in
the case of funds withheld from apportionment under section
104(b)(5), such funds shall lapse and be made available by the
Secretary for projects in accordance with section 118(b)."
was repealed by Pub. L. 102-143, Sec. 333(c). See Construction of
1990 Amendment note below and section 159(b) of this title.
Subsec. (c). Pub. L. 101-516, Sec. 333 [part], which amended
subsec. (c) generally to read as follows: "For purposes of this
section -
"(1) The term 'driver's license' means a license issued by a
State to any individual that authorizes the individual to operate
a motor vehicle on highways.
"(2) The term 'drug offense' means any criminal offense which
proscribes -
"(A) the possession, distribution, manufacture, cultivation,
sale, transfer, or the attempt or conspiracy to possess,
distribute, manufacture, cultivate, sell, or transfer any
substance the possession of which is prohibited under the
Controlled Substances Act, or
"(B) the operation of a motor vehicle under the influence of
such a substance.
"(3) The term 'convicted' includes adjudicated under juvenile
proceedings."
was repealed by Pub. L. 102-143, Sec. 333(c). See Construction of
1990 Amendment note below and section 159(c) of this title.
1987 - Subsec. (b). Pub. L. 100-17, Sec. 114(e)(1), inserted "and
the set asides authorized by subsection (f) of this section and
sections 118(c) and 307(d) of this title" after "subsection (a) of
this section" in introductory provisions.
Subsec. (b)(5)(A). Pub. L. 100-17, Sec. 102(b)(1), inserted after
"September 30, 1990." the following: "The Secretary shall make a
revised estimate of the cost of completing the then designated
Interstate System after taking into account all previous
apportionments made under this section in the same manner as stated
above, and transmit the same to the Senate and the House of
Representatives within 10 days subsequent to January 2, 1989. Upon
the approval by Congress, the Secretary shall use the Federal share
of such approved estimates in making apportionments for the fiscal
years 1991 and 1992. The Secretary shall make a revised estimate of
the cost of completing the then designated Interstate System after
taking into account all previous apportionments made under this
section in the same manner as stated above, and transmit the same
to the Senate and the House of Representatives within 10 days
subsequent to January 2, 1991. Upon the approval by Congress, the
Secretary shall use the Federal share of such approved estimates in
making apportionments for the fiscal year 1993."
Pub. L. 100-17, Sec. 102(b)(2), inserted at end "On October 1 of
each of fiscal years 1988, 1989, 1990, and 1991, whenever Congress
has not approved a cost estimate under this subparagraph, the
Secretary shall make the apportionment required by this
subparagraph using the Federal share of the last estimate submitted
to Congress, adjusted to reflect (i) all previous credits,
apportionments of interstate construction funds and lapses of
previous apportionments of interstate construction funds, (ii)
previous withdrawals of interstate segments, (iii) previous
allocations of interstate discretionary funds, and (iv) transfers
of interstate construction funds. If, before apportionment of funds
under this subparagraph for any fiscal year, the Secretary and a
State highway department agree that a portion of the apportionment
to such State is not needed for such fiscal year, the amount of
such portion shall be made available under section 118(b)(2) of
this title."
Subsec. (g). Pub. L. 100-202 substituted "sections 130, 144, and
152 of this title" for "sections 144, 152, and 153 of this title,
or section 203(d) of the Highway Safety Act of 1973," and struck
out "All or any part of the funds apportioned in any fiscal year to
a State in accordance with section 203(d) of the Highway Safety Act
of 1973 from funds authorized in section 203(c) of such Act, may be
transferred from that apportionment to the apportionment made under
section 219 of this title if such transfer is requested by the
State highway department and is approved by the Secretary after he
has received satisfactory assurances from such department that the
purposes of such section 203 have been met."
1981 - Subsec. (b)(5)(A). Pub. L. 97-134, Sec. 4(c), inserted
provision that the Secretary shall include only those costs
eligible for funds authorized by section 108(b) of the Federal
Highway Act of 1956 in making the revised estimate of completing
Interstate System for the purpose of transmitting it to the
Congress within ten days subsequent to Jan. 2, 1983 or thereafter.
Subsec. (b)(5)(B). Pub. L. 97-134, Sec. 5, inserted reference to
reconstruction in opening par., substituted "55 per centum in the
ratio that lane miles on the Interstate routes designated under
sections 103 and 139(c) of this title (other than those on toll
roads not subject to a Secretarial agreement provided for in
section 105 of the Federal-Aid Highway Act of 1978) in each State
bears to the total of all such lane miles in all States; and 45 per
centum in the ratio that vehicle miles traveled on lanes on the
Interstate routes designated under sections 103 and 139(c) of this
title" for "Seventy-five per centum in the ratio that lane miles in
use for more than five years on the Interstate System (other than
those on toll roads not subject to a Secretarial agreement provided
for in section 105 of the Federal-Aid Highway Act of 1978) in each
State bears to the total of all such lane miles in all States; and
25 per centum in the ratio that vehicle miles traveled on lanes in
use for more than five years on the Interstate System" and inserted
provision that no State excluding any State that has no interstate
lane miles shall receive less than one-half of 1 per centum of the
total apportionment made by this subparagraph for any fiscal year.
1978 - Subsec. (b)(5)(A). Pub. L. 95-599, Sec. 108, inserted
provision relating to deadline for inclusion of estimate.
Subsec. (b)(5)(B). Pub. L. 95-599, Sec. 116(b), substituted
provisions limiting apportionment of funds ratio to seventy-five
percent of lane miles ratio and twenty-five of miles traveled ratio
for provision establishing a straight ratio for such apportionment.
Subsec. (d). Pub. L. 95-599, Sec. 109, substituted "50" for "40"
and "20" wherever appearing.
Subsec. (h). Pub. L. 95-599, Sec. 110, added subsec. (h).
1976 - Subsec. (b). Pub. L. 94-280, Sec. 112(a), substituted "On
October 1 of each fiscal year" for "On or before January 1 next
preceding the commencement of each fiscal year,".
Subsec. (b)(1). Pub. L. 94-280, Sec. 112(b), inserted in
introductory text "(including extensions in urban areas and
priority primary routes)", made existing provisions applicable for
a two-third apportionment of monies, striking out "in all the
States at the close of the next preceding calendar year" before "as
shown by a certificate of the Postmaster General" and inserted
provision for a one-third apportionment in the ratio which the
population in urban areas in each State bears to the total
population in urban areas in all the States as shown by the latest
Federal census.
Subsec. (b)(3). Pub. L. 94-280, Sec. 112(c), repealed provisions
respecting apportionment of monies for extensions of the Federal-
aid primary and Federal-aid secondary systems within urban areas
in the ratio which the population in municipalities and other urban
places of five thousand or more in each State bears to the total
population in municipalities and other urban places of five
thousand or more in all of the States as shown by the latest
available Federal census.
Subsec. (b)(5)(A). Pub. L. 94-280, Secs. 106(b), 107(b), 112(g),
designated existing provisions as subpar. (A) and inserted
introductory phrase "Except as provided in subparagraph B - ";
substituted wherever appearing in introductory phrase and second
and third sentences "1990" for "1979"; substituted provision for
apportionment for fiscal year ending September 30, 1977, for prior
provision for fiscal year ending June 30, 1977, substituted
provision for apportionment for fiscal year ending September 30,
1978, in accordance with section 103 of Federal-Aid Highway Act of
1976, for prior provision for apportionment for fiscal year ending
June 30, 1978, substituted provision for apportionment for fiscal
year ending September 30, 1979, for prior provision for fiscal year
ending June 30, 1979, provided for apportionment for fiscal year
ending September 30, 1980, and inserted provisions for revised
estimates of completion costs and transmittal thereof to Congress
within ten days subsequent to January 2, 1979, 1981, 1983, 1985,
and 1987 for apportionments for fiscal years ending September 30,
1981 and 1982, 1983 and 1984, 1985 and 1986, 1987 and 1988, and
1989 and 1990; and substituted in third sentence "October 1 of the
year preceding the fiscal year for which authorized" for "a date as
far in advance of the beginning of the fiscal year for which
authorized as practicable but in no case more than eighteen months
prior to the beginning of the fiscal year for which authorized".
Subsec. (b)(5)(B). Pub. L. 94-280, Sec. 106(b), added subpar.
(B).
Subsec. (c). Pub. L. 94-280, Sec. 113(a), designated existing
provisions as par. (1), substituted "Subject to subsection (d), the
amount" for "Not more than 40 per centum of the amount" and
"transferred from the apportionment under one paragraph to the
apportionment under the other paragraph" for "transferred from the
apportionment under one paragraph to the apportionment under any
other of such paragraphs" and struck out former last sentence
reading "The total of such transfers shall not increase the
original apportionment under any of such paragraphs by more than 40
per centum.", and incorporated former subsec. (d) provisions in a
new par. (2), substituting "Subject to subsection (d), the amount"
for "Not more than 40 per centum of the amount" and paragraph "(1)"
for "(3)" and striking out former last sentence reading "The total
of such transfers shall not increase the original apportionment
under either of such paragraphs by more than 40 per centum."
Subsec. (d). Pub. L. 94-280, Sec. 113(a), inserted provisions
respecting conditions for transfer of apportionments under subsec.
(c) of this section and struck out prior subsec. (d) provisions
respecting transfer of certain apportionments, now incorporated in
subsec. (c)(2) of this section.
Subsec. (e). Pub. L. 94-280, Sec. 112(d), in first sentence,
substituted "On October 1" for "On or before January 1 preceding
the commencement" and inserted "(other than under subsection (b)(5)
of this section)" after "hereunder" and inserted certification
provision respecting sums apportioned under subsec. (b)(5) of this
section to each State highway department and amount of deductions
for administration and research; and inserted provisions advising
the States not less than ninety days before the beginning of the
fiscal year of amounts to be apportioned to the States and in the
case of the Interstate System ninety days prior to the
apportionment of funds.
Subsec. (f)(1). Pub. L. 94-280, Sec. 112(e), substituted "On
October 1" for "On or before January 1 next preceding the
commencement" and inserted exception provision.
Subsec. (f)(3). Pub. L. 94-280, Sec. 112(f), authorized State use
of apportioned funds to finance transportation planning outside of
urbanized areas.
Subsec. (g). Pub. L. 94-280, Sec. 206, increased percentage
limitation to "40 per centum" from "30 per centum"; authorized
approval by Secretary of transfer of apportionments when requested
by the State highway department and approved by the Secretary as
being in the public interest; and provided for transfer of
apportionments under section 203(c) and (d) of the Highway Safety
Act of 1973, to apportionments under section 219 of this title, and
clarified the authority for apportionment of Highway Trust Fund
funds.
1973 - Subsec. (b)(1). Pub. L. 93-87, Sec. 111(a)(1), (2),
substituted "intercity mail routes where service is performed by
motor vehicles" for "star routes" in two places, "one-third in the
ratio which the population of rural areas of each State bears to
the total population of rural areas of all the States" for "one-
third in the ratio which the population of each State bears to the
total population of all the States", and "No State (other than the
District of Columbia) shall receive" for "No State shall receive".
Subsec. (b)(2). Pub. L. 93-87, Sec. 111(a)(1), (3), substituted
"intercity mail routes where service is performed by motor
vehicles" for "star routes" in two places, "one-third in the ratio
which the population of rural areas of each State bears to the
total population of rural areas of all of the States" for "one-
third in the ratio which the rural population of each State bears
to the total rural population of all the States", and "No State
(other than the District of Columbia) shall receive" for "No State
shall receive".
Subsec. (b)(5). Pub. L. 93-87, Sec. 106(b), extended from 1976 to
1979, the date for completion of the Interstate System; and
authorized the Secretary to use the Federal share of the approved
estimate in making apportionments for fiscal years ending June 30,
1976, 1977, 1978, and 1979, reenacted requirement that Secretary
make a revised estimate of cost of completing the then designated
Interstate System, substituting Jan. 2, 1975, for Jan. 2, 1974, as
the commencing date for the ten day period for transmittal of the
revised cost estimate, and reenacted provisions of last sentence
without change, respectively.
Subsec. (b)(6). Pub. L. 93-87, Sec. 111(a)(4), substituted "urban
areas" for "urbanized areas" in two places and mandated that no
State shall receive less than one-half of 1 per centum of each
year's apportionment.
Subsec. (c). Pub. L. 93-87, Sec. 111(a)(5), (7), substituted "40"
for "20" per centum in two places and struck out reference to par.
(3) of subsec. (b) of this section and provision of last sentence
that nothing contained in subsec. (c) shall alter or impair the
authority contained in subsec. (d) of this section.
Subsec. (d). Pub. L. 93-87, Sec. 111(a)(6), substituted
provisions respecting transfer of apportionment of funds under
pars. (3) and (6) of subsec. (b) of this section from one paragraph
to the other when requested by the State highway department and
approved as in the public interest by the Governor of the State and
the Secretary for former provisions which authorized expenditure of
subsec. (b)(2) funds apportioned for Federal-aid secondary system
to a State for projects on another Federal-aid system when the
State highway department and the Secretary were in joint agreement
as to such other expenditure.
Subsec. (f). Pub. L. 93-87, Sec. 112, incorporated provisions of
former subsec. (f) that "Not to exceed 50 per centum of the amounts
apportioned in accordance with paragraph (3) of subsection (b) of
this section may be expended for projects on the Federal-aid urban
system" in provisions designated as par. (1) and stating that "On
or before January 1 next preceding the commencement 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." and added pars. (2)-(4).
Subsec. (g). Pub. L. 93-87, Sec. 227, added subsec. (g).
1970 - Subsec. (b)(5). Pub. L. 91-605, Sec. 104(b), extended from
1974 to 1976 the date for completion of the Interstate System,
substituted "on April 20, 1970" for "within ten days subsequent to
January 2, 1970" as the date for submission by the Secretary to
Congress of a revised completion cost estimate of the Interstate
System, struck out reference of finality as applied to this
estimate, deleted June 30, 1974 from the enumerated list of fiscal
years for which the Secretary shall use the Federal share of the
approved 1970 estimate in making apportionments, inserted provision
directing the Secretary to submit to Congress a revised Interstate
System completion cost estimate within 10 days from Jan. 2, 1972
with apportionments to be made by the Secretary for use in the
fiscal years 1974 and 1975 from the Federal share of the approved
estimate, and inserted provision directing the Secretary to submit
to Congress another cost estimate within 10 days from Jan. 2, 1974
to be used for making apportionments for the fiscal year 1976.
Subsec. (b)(6). Pub. L. 91-605, Sec. 106(c)(2), added par. (6).
Subsec. (f). Pub. L. 91-605, Sec. 106(c)(1), added subsec. (f).
1968 - Subsec. (b)(5). Pub. L. 90-495 extended from 1972 to 1974
the date for completion of the Interstate System, added the fiscal
year ending June 30, 1971, to the enumeration of fiscal years for
which the Secretary may use the Federal share of approval estimates
in making apportionments, substituted January 2, 1970, for January
2, 1969, as the date for commencement of the 10-day period during
which the Secretary shall transmit to Congress his final revised
estimate of the cost of completing the Interstate system, and added
the fiscal years ending June 30, 1973, and June 30, 1974, to the
enumerated list of fiscal years for which the Secretary shall use
the Federal share of the approved estimate in making
apportionments.
1966 - Subsec. (b)(5). Pub. L. 89-574 substituted "1972" for
"1971" wherever appearing except in provision requiring the
Secretary, with the approval of Congress, to use the Federal share
of the approved estimates in making apportionments for the fiscal
year ending June 30, 1971, and, in such provision, retained the
authority of the Secretary to use the Federal share of the approved
estimates in making apportionments for the fiscal year ending June
30, 1971, but extended the authority of the Secretary to use the
Federal share of the approved estimates in making apportionments
for the fiscal year ending June 30, 1972, as well.
1964 - Subsec. (b)(5). Pub. L. 88-423 substituted "January 2,
1961" for "January 2, 1962".
1963 - Subsec. (b)(3). Pub. L. 88-157, Sec. 2, struck out
provision which considered Connecticut and Vermont towns as
municipalities for the purposes of par. (3) regardless of their
incorporated status.
Subsec. (b)(5). Pub L. 88-157, Sec. 3, substituted "1971" for
"1969" in introductory text and 3d sentence; inserted "For the
fiscal years 1960 through 1966," and substituted "such State" for
"each State" in 1st sentence; inserted 2d sentence respecting
apportionment for fiscal years 1967 through 1971; substituted in
9th sentence "January 2, 1965" for "January 2, 1966, and annually
thereafter through and including January 2, 1968"; substituted in
10th sentence "Upon the approval of such estimate by the Congress"
for "Upon approval of any such estimate by the Congress by
concurrent resolution" and "fiscal years ending June 30, 1967; June
30, 1968; and June 30, 1969" for "fiscal year which begins next
following the fiscal year in which such report is transmitted to
the Senate and the House of Representatives" and inserted "the
Federal share of" before "such approved estimate"; and inserted
11th through 14th sentences, respecting revised cost estimate for
completion of the Interstate System and its submission to Congress
within 10 days after Jan. 2, 1968, apportionment for fiscal year
ending June 30, 1970, final revised cost estimate for completion of
the Interstate System and its submission to Congress within 10 days
after Jan. 2, 1969, and apportionment for fiscal year ending June
30, 1971, respectively.
1962 - Subsec. (b)(1). Pub. L. 87-866 substituted "preceding
calendar year" for "preceding fiscal year".
1960 - Subsec. (b)(5). Pub L. 86-657 struck out provisions which
required, in making the estimates of cost for completing the
Interstate System, exclusion of the cost of completing any mileage
designated from the one thousand additional miles authorized by
section 108(1) of the Federal-Aid Highway Act of 1956.
1959 - Subsec. (b). Pub. L. 86-70 struck out ", except that only
one-third of the area of Alaska shall be included" after "total
area of all States" in pars. (1) and (2).
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110-244, title I, Sec. 101(i), June 6, 2008, 122 Stat.
1574, provided that the amendment made by section 101(i) is
effective Oct. 1, 2007.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-178 effective Aug. 21, 2002, see section
5 of Pub. L. 108-178, set out as a note under section 5334 of Title
5, Government Organization and Employees.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-159 effective Jan. 1, 2000, see section
107(a) of Pub. L. 106-159, set out as a note under section 104 of
Title 49, Transportation.
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 1100 of title I of Pub. L. 102-240 provided that:
"(a) General Rule. - This title [see Tables for classification],
including the amendments made by this title, shall take effect on
the date of the enactment of this Act [Dec. 18, 1991].
"(b) Applicability. - The amendments made by this title shall
apply to funds authorized to be appropriated or made available
after September 30, 1991, and, except as otherwise provided in
subsection (c), shall not apply to funds appropriated or made
available on or before September 30, 1991.
"(c) Unobligated Balances. -
"(1) In general. - Unobligated balances of funds apportioned to
a State under sections 104(b)(1), 104(b)(2), 104(b)(5)(B), and
104(b)(6) of title 23, United States Code, before October 1,
1991, shall be available for obligation in that State under the
law, regulations, policies and procedures relating to the
obligation and expenditure of those funds in effect on September
30, 1991.
"(2) Transferability. -
"(A) Primary system. - A State may transfer unobligated
balances of funds apportioned to the State for the Federal-aid
primary system before October 1, 1991, to the apportionment to
such State under section 104(b)(1) or 104(b)(3) of title 23,
United States Code, or both.
"(B) Secondary and urban system. - A State may transfer
unobligated balances of funds apportioned to the State for the
Federal-aid secondary system or the Federal-aid urban system
before October 1, 1991, to the apportionment to such State
under section 104(b)(3) of such title.
"(C) Applicability of certain laws, regulations, policies,
and procedures. - Funds transferred under this paragraph shall
be subject to the laws, regulations, policies, and procedures
relating to the apportionment to which they are transferred."
EFFECTIVE DATE OF 1976 AMENDMENT; APPLICABLE PROVISIONS DEPENDENT
ON FISCAL FUND AUTHORIZATIONS
Section 113(b) of Pub. L. 94-280 provided that: "The amendment
made by subsection (a) of this section [amending this section]
shall take effect on July 1, 1976, and shall be applicable with
respect to funds authorized for the fiscal year ending September
30, 1977, and for subsequent fiscal years. With respect to the
fiscal year 1976 and earlier fiscal years, the provisions of
subsections (c) and (d) of section 104 of title 23, United States
Code, as in effect on June 30, 1976, shall remain applicable to
funds authorized for such years."
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.
EFFECTIVE DATE OF 1962 AMENDMENT
Section 10(b) of Pub. L. 87-866 provided that: "The amendment
made by subsection (a) of this section [amending this section]
shall be applicable only with respect to apportionments made after
the date of enactment of this Act [Oct. 23, 1962]."
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-70 effective July 1, 1959, see section
21(e) of Pub. L. 86-70, set out as a note under section 101 of this
title.
CONSTRUCTION OF 1990 AMENDMENT
Section 333(d) of Pub. L. 102-143 provided that: "The amendments
made by section 333 of the Department of Transportation and Related
Agencies Appropriations Act, 1991 (104 Stat. 2184-2186) [Pub. L.
101-516, amending this section and enacting provisions formerly set
out as a note below] shall be treated as having not been enacted
into law."
FEDERAL-AID HIGHWAYS APPROPRIATIONS
Pub. L. 109-289, div. B, title II, Sec. 21010, as added by Pub.
L. 110-5, Sec. 2, Feb. 15, 2007, 121 Stat. 48, provided that:
"Notwithstanding section 101 [42 U.S.C. 12651i note, 121 Stat. 8],
the level for 'Federal Highway Administration, Federal-Aid Highways
(Limitation on Obligations) (Highway Trust Fund)' shall be
$39,086,464,683."
[For definition of "level" as used in section 21010 of Pub. L.
109-289, set out above, see section 101(b) of Pub. L. 109-289, set
out as a note under section 12651i of Title 42, The Public Health
and Welfare.]
ADJUSTMENTS FOR SURFACE TRANSPORTATION EXTENSION ACT OF 1997
Pub. L. 105-178, title I, Sec. 1103(m), June 9, 1998, 112 Stat.
126, provided that:
"(1) In general. - Notwithstanding any other provision of law and
subject to section 2(c) of the Surface Transportation Extension Act
of 1997 [Pub. L. 105-130, set out below], the Secretary shall
ensure that the total apportionments for a State (other than
Massachusetts) for fiscal year 1998 made under the Transportation
Equity Act for the 21st Century [Pub. L. 105-178, see Tables for
classification] (including amendments made by such Act) shall be
reduced by the amount apportioned to such State (other than
Massachusetts) under section 1003(d)(1) of the Intermodal Surface
Transportation Efficiency Act of 1991 [Pub. L. 102-240, 111 Stat.
2553].
"(2) Repayment of transferred funds. - The Secretary shall ensure
that any apportionments made to a State for fiscal year 1998 and
adjusted under paragraph (1) shall first be used to restore in
accordance with section 3(c) of the Surface Transportation
Extension Act of 1997 [Pub. L. 105-130, 111 Stat. 2555] any funds
that a State transferred under section 3 of such Act.
"(3) Insufficient funds for repayment. - If a State has
insufficient funds apportioned in fiscal year 1998 under the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) to make the adjustment required by
paragraph (1), then the Secretary shall make an adjustment to any
funds apportioned to such State in fiscal year 1999.
"(4) Allocated programs. - Notwithstanding any other provision of
law, amounts made available for fiscal year 1998 by the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) for a program that is continued by
both of sections 4, 5, 6, and 7 of the Surface Transportation
Extension Act of 1997 (including amendments made by such sections)
[Pub. L. 105-130, see Tables for classification] and the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) shall be reduced by the amount made
available by such sections 4, 5, 6, and 7 for such programs.
"(5) Treatment of STEA obligation authority. - The amount of
obligation authority made available under section 2(e) of the
Surface Transportation Extension Act of 1997 [Pub. L. 105-130, set
out below] shall be considered to be an amount of obligation
authority made available for fiscal year 1998 under section 1102(a)
of this Act [set out above]."
ADVANCES
Pub. L. 109-59, title I, Sec. 1936, Aug. 10, 2005, 119 Stat.
1510, provided that: "Notwithstanding any other provision of law,
funds apportioned to a State under section 104(b) of title 23,
United States Code, may be obligated to carry out a project
designated in any of sections 1301, 1302, 1306, and 1934 of this
Act [see Tables for classification] and sections 117 and 144(g)
[now 144(f)] of title 23, United States Code, in an amount not to
exceed the amount authorized for that project, only from a program
under which the project would be eligible, except that any amounts
obligated to carry out the project shall be restored from funds
allocated for the project."
Pub. L. 108-310, Sec. 2, Sept. 30, 2004, 118 Stat. 1144, as
amended by Pub. L. 109-14, Sec. 2(a)-(b)(2), (d), May 31, 2005, 119
Stat. 324; Pub. L. 109-20, Sec. 2(a), (b)(1), (d), July 1, 2005,
119 Stat. 346; Pub. L. 109-35, Sec. 2(a), (b)(1), (d), July 20,
2005, 119 Stat. 379; Pub. L. 109-37, Sec. 2(a), (b)(1), (d), July
22, 2005, 119 Stat. 394; Pub. L. 109-40, Sec. 2(a), (b)(1), (d),
July 28, 2005, 119 Stat. 410; Pub. L. 109-42, Sec. 2(b), July 30,
2005, 119 Stat. 435, provided that:
"(a) In General. -
"(1) Apportionment ratio. - Except as provided in paragraph
(2), the Secretary of Transportation shall apportion funds made
available under section 1101(l) of the Transportation Equity Act
for the 21st Century [Pub. L. 105-178] (112 Stat. 111; 118 Stat.
876 [118 Stat. 1145]), as amended by this Act, the Surface
Transportation Extension Act of 2005 [Pub. L. 109-14],,[sic] the
Surface Transportation Extension Act of 2005, Part II [Pub. L.
109-20][,] the Surface Transportation Extension Act of 2005, Part
III [Pub. L. 109-35], the Surface Transportation Extension Act of
2005, Part IV [Pub. L. 109-37], and the Surface Transportation
Extension Act of 2005, Part V [Pub. L. 109-40], to each State in
the ratio that -
"(A) the State's total fiscal year 2004 obligation authority
for funds apportioned for the Federal-aid highway program;
bears to
"(B) all States' total fiscal year 2004 obligation authority
for funds apportioned for the Federal-aid highway program.
"(2) Exception. - The ratios determined under this subsection
shall be subject to the same adjustments as the adjustments made
under section 105(f) of title 23, United States Code.
"(b) Programmatic Distributions. -
"(1) Programs. - Of the funds to be apportioned to each State
under subsection (a), the Secretary shall ensure that the State
is apportioned an amount of the funds, determined under paragraph
(2), for the Interstate maintenance program, the National Highway
System program, the bridge program, the surface transportation
program, the congestion mitigation and air quality improvement
program, the recreational trails program, the Appalachian
development highway system program, and the minimum guarantee.
"(2) In general. - The amount that each State shall be
apportioned under this subsection for each item referred to in
paragraph (1) shall be determined by multiplying -
"(A) the amount apportioned to the State under subsection
(a); by
"(B) the ratio that -
"(i) the amount of funds apportioned for the item to the
State for fiscal year 2004; bears to
"(ii) the total of the amount of funds apportioned for the
items to the State for fiscal year 2004.
"(3) Administration of funds. - Funds authorized by section
1101(l) of the Transportation Equity Act for the 21st Century
[Pub. L. 105-178, 118 Stat. 1145] shall be administered as if the
funds had been apportioned, allocated, deducted, or set aside, as
the case may be, under title 23, United States Code; except that
the deductions and set-asides in the following sections of such
title shall not apply to such funds: sections 104(a)(1)(A),
104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1),
104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1) [now
144(f)(1)].
"(4) Special rules for minimum guarantee. - In carrying out the
minimum guarantee under section 105(c) of title 23, United States
Code, with funds apportioned under this section for the minimum
guarantee, the $2,800,000,000 set forth in paragraph (1) of such
section 105(c) shall be treated as being $2,324,000,000 and the
aggregate of amounts apportioned to the States under this section
for the minimum guarantee shall be treated, for purposes of such
section 105(c), as amounts made available under section 105 of
such title.
"(5) Extension of off-system bridge setaside. - [Amended
section 144 of this title.]
"(c) Repayment From Future Apportionments. -
"(1) In general. - The Secretary shall reduce the amount that
would be apportioned, but for this section, to a State for
programs under chapter 1 of title 23, United States Code, for
fiscal year 2005, under a multiyear law reauthorizing the Federal-
aid highway program enacted after the date of enactment of this
Act [Sept. 30, 2004] by the amount that is apportioned to each
State under subsection (a) and section 5(c) [118 Stat. 1150] for
each such program.
"(2) Program category reconciliation. - The Secretary may
establish procedures under which funds apportioned under
subsection (a) for a program category for which funds are not
authorized under a law described in paragraph (1) may be restored
to the Federal-aid highway program.
"(d) Authorization of Contract Authority. - [Amended section 1101
of Pub. L. 105-178, 112 Stat. 111.]
"(e) Limitation on Obligations. -
"(1) Distribution of obligation authority. - Subject to
paragraph (2), for the period of October 1, 2004, through July
30, 2005, the Secretary shall distribute the obligation
limitation made available for Federal-aid highways and highway
safety construction programs under the heading 'federal-aid
highways' in title I of division H of the Consolidated
Appropriations Act, 2005 [Pub. L. 108-447] (23 U.S.C. 104 note;
118 Stat. 3204), in accordance with section 110 of such title (23
U.S.C. 104 note; 118 Stat. 3209); except that the amount of
obligation limitation to be distributed for such period for each
program, project, and activity specified in sections 110(a)(1),
110(a)(2), 110(a)(4), and 110(a)(5) of such title shall equal the
greater of -
"(A) the funding authorized for such program, project, or
activity in this Act [see Short Title of 2004 Amendments note
set out under section 101 of this title], the Surface
Transportation Extension Act of 2005 [Pub. L. 109-14],,[sic]
the Surface Transportation Extension Act of 2005, Part II [Pub.
L. 109-20][,] the Surface Transportation Extension Act of 2005,
Part III [Pub. L. 109-35], the Surface Transportation Extension
Act of 2005, Part IV [Pub. L. 109-37], and the Surface
Transportation Extension Act of 2005, Part V [Pub. L. 109-40]
(including any amendments made by this Act and such Act[s]); or
"(B) 83 percent of the funding provided for or limitation set
on such program, project, or activity in title I of division H
of the Consolidated Appropriations Act, 2005 [Pub. L. 108-447,
see Tables for classification].
"(2) Limitation on total amount of authority distributed. - The
total amount of obligation limitation distributed under paragraph
(1) for the period of October 1, 2004, through July 30, 2005,
shall not exceed $28,801,000,000; except that this limitation
shall not apply to $530,370,000 in obligations for minimum
guarantee for such period.
"(3) Time period for obligations of funds. - After August 14,
2005, no funds shall be obligated for any Federal-aid highway
program project until the date of enactment of a law
reauthorizing the Federal-aid highway program.
"(4) Treatment of obligations. - Any obligation of obligation
authority distributed under this subsection shall be considered
to be an obligation for Federal-aid highways and highway safety
construction programs for fiscal year 2005 for the purposes of
the matter under the heading 'federal-aid highways' in title I of
division H of the Consolidated Appropriations Act, 2005 [Pub. L.
108-447] (23 U.S.C. 104 note; 118 Stat. 3204)."
Pub. L. 108-88, Sec. 2, Sept. 30, 2003, 117 Stat. 1110, as
amended by Pub. L. 108-202, Sec. 2(a), (b)(1), (2), (d), Feb. 29,
2004, 118 Stat. 478; Pub. L. 108-224, Sec. 2(a), (b)(1), (d), Apr.
30, 2004, 118 Stat. 627; Pub. L. 108-263, Sec. 2(a), (b)(1), (d),
June 30, 2004, 118 Stat. 698; Pub. L. 108-280, Secs. 2(a), (b)(1),
(d), 3, July 30, 2004, 118 Stat. 876, 877; Pub. L. 108-310, Sec.
12(a), (c), (e)(1), Sept. 30, 2004, 118 Stat. 1161, 1162, provided
that:
"(a) In General. - The Secretary of Transportation shall
apportion funds made available under section 1101(c) of the
Transportation Equity Act for the 21st Century [Pub. L. 105-178]
(112 Stat. 116), as amended by this Act [117 Stat. 1111], the
Surface Transportation Extension Act of 2004 [Pub. L. 108-202], the
Surface Transportation Extension Act of 2004, Part II [Pub. L. 108-
224], the Surface Transportation Extension Act of 2004, Part III
[Pub. L. 108-263], the Surface Transportation Extension Act of
2004, Part IV [Pub. L. 108-280], and the Surface Transportation
Extension Act of 2004, Part V [Pub. L. 108-310], to each State in
the ratio that -
"(1) the State's total fiscal year 2003 obligation authority
for funds apportioned for the Federal-aid highway program; bears
to
"(2) all States' total fiscal year 2003 obligation authority
for funds apportioned for the Federal-aid highway program.
"(b) Programmatic Distributions. -
"(1) Programs. - Of the funds to be apportioned to each State
under subsection (a), the Secretary shall ensure that the State
is apportioned an amount of the funds, determined under paragraph
(2), for the Interstate maintenance program, the National Highway
System program, the bridge program, the surface transportation
program, the congestion mitigation and air quality improvement
program, the recreational trails program, the Appalachian
development highway system program, and the minimum guarantee.
"(2) In general. - The amount that each State shall be
apportioned under this subsection for each item referred to in
paragraph (1) shall be determined by multiplying -
"(A) the amount apportioned to the State under subsection
(a); by
"(B) the ratio that -
"(i) the amount of funds apportioned for the item to the
State for fiscal year 2003; bears to
"(ii) the total of the amount of funds apportioned for the
items to the State for fiscal year 2003.
"(3) Administration of funds. - Funds authorized by section
1101(c) of the Transportation Equity Act for the 21st Century
shall be administered as if the funds had been apportioned,
allocated, deducted, or set aside, as the case may be, under
title 23, United States Code; except that the deductions and set-
asides in the following sections of such title shall not apply
to such funds: sections 104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A),
104(d)(1), 104(d)(2), 104(f)(1), 104(h)(1), 118(c)(1), 140(b),
140(c), and 144(g)(1) [now 144(f)(1)].
"(4) Special rules for minimum guarantee. - In carrying out the
minimum guarantee under section 105(c) of title 23, United States
Code, with funds apportioned under this section for the minimum
guarantee, the $2,800,000,000 set forth in paragraph (1) of such
section 105(c) shall be treated as being $2,800,000,000 and the
aggregate of amounts apportioned to the States under this section
for the minimum guarantee shall be treated, for purposes of such
section 105(c), as amounts made available under section 105 of
such title.
"(5) Extension of off-system bridge setaside. - [Amended
section 144 of this title.]
"[(c) Repealed. Pub. L. 108-310, Sec. 12(e)(1), Sept. 30, 2004,
118 Stat. 1162.]
"(d) Authorization of Contract Authority. - [Amended section 1101
of Pub. L. 105-178, 112 Stat. 111.]
"(e) Limitation on Obligations. -
"(1) Distribution of obligation authority. - For the fiscal
year 2004, the Secretary shall distribute the obligation
limitation made available for Federal-aid highways and highway
safety construction programs under the heading 'Federal-aid
highways' in the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004 (division F of Public Law 108-
199; 118 Stat. 291 [290]; 118 Stat. 1013), in accordance with
section 110 of such Act [23 U.S.C. 104 note].
"(2) Calculation of ratio. - For purposes of the calculation of
the ratio under section 110(a)(3) of the Transportation,
Treasury, and Independent Agencies Appropriations Act, 2004
(division F of Public Law 108-199; 118 Stat. 291; 23 U.S.C. 104
note) -
"(A) the obligation limitation for Federal-aid Highways
referred to in section 110(a)(3)(A) of such Act shall be deemed
to be the obligation limitation for Federal-aid highways and
highway safety construction programs for fiscal year 2004
identified under the heading 'Federal-Aid Highways' in such Act
(118 Stat. 290); and
"(B) the total of sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for sections set
forth in paragraphs (1) through (7) of section 110(b) of such
Act and sums authorized to be appropriated for section 105 of
title 23, United States Code, equal to the amount referred to
in subsection 110(b)(8) of such Act) for such fiscal year,
referred to in section 110(a)(3)(B) of such Act, shall be
deemed to be $34,606,000,000, less the aggregate of the amounts
not distributed under section 110(a)(1) of such Act."
Section 2 of Pub. L. 105-130 provided that:
"(a) In General. - The Secretary of Transportation (referred to
in this Act as the 'Secretary') shall apportion funds made
available under section 1003(d) of the Intermodal Surface
Transportation Efficiency Act of 1991 [see 111 Stat. 2553] to each
State in the ratio that -
"(1) the State's total fiscal year 1997 obligation authority
for funds apportioned for the Federal-aid highway program; bears
to
"(2) all States' total fiscal year 1997 obligation authority
for funds apportioned for the Federal-aid highway program.
"(b) Programmatic Distributions. -
"(1) Programs. - Of the funds to be apportioned to each State
under subsection (a), the Secretary shall ensure that the State
is apportioned an amount of the funds, determined under paragraph
(2), for the Interstate maintenance program, the National Highway
System, the bridge program, the surface transportation program,
the congestion mitigation and air quality improvement program,
minimum allocation under section 157 of title 23, United States
Code, Interstate reimbursement under section 160 of that title,
the donor State bonus under section 1013(c) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 1940)
[Pub. L. 102-240, set out as a note under section 157 of this
title], hold harmless under section 1015(a) of that Act (105
Stat. 1943) [set out below], 90 percent of payments adjustments
under section 1015(b) of that Act (105 Stat. 1944) [set out
below], section 1015(c) of that Act (105 Stat. 1944) [set out
below], an amount equal to the funds provided under sections 1103
through 1108 of that Act (105 Stat. 2027) [see Tables for
classification], and funding restoration under section 202 of the
National Highway System Designation Act of 1995 (109 Stat. 571).
"(2) In general. - The amount that each State shall be
apportioned under this subsection for each item referred to in
paragraph (1) shall be determined by multiplying -
"(A) the amount apportioned to the State under subsection
(a); by
"(B) the ratio that -
"(i) the amount of funds apportioned for the item, or
allocated under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2027), to the State for fiscal year 1997; bears to
"(ii) the total of the amount of funds apportioned for the
items, and allocated under those sections, to the State for
fiscal year 1997.
"(3) Use of funds. - Amounts apportioned to a State under
subsection (a) attributable to sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of 1991 shall be
available to the State for projects eligible for assistance under
chapter 1 of title 23, United States Code.
"(4) Administration. - Funds authorized by the amendment made
by subsection (d) shall be administered as if they had been
apportioned, allocated, deducted, or set aside, as the case may
be, under title 23, United States Code; except that the deduction
under section 104(a) of title 23, United States Code, the set-
asides under section 104(b)(1) of that title for the territories
and under section 104(f)(1) of that title for metropolitan
planning, and the expenditure required under section 104(d)(1) of
that title shall not apply to those funds.
"(c) Repayment From Future Apportionments. -
"(1) In general. - The Secretary shall reduce the amount that
would, but for this section, be apportioned to a State for
programs under chapter 1 of title 23, United States Code, for
fiscal year 1998 under a law reauthorizing the Federal-aid
highway program enacted after the date of enactment of this Act
[Dec. 1, 1997] by the amount that is apportioned to each State
under subsection (a) and section 5(f) [Pub. L. 105-130, 111 Stat.
2558] for each such program.
"(2) Program category reconciliation. - The Secretary may
establish procedures under which funds apportioned under
subsection (a) for a program category for which funds are not
authorized under a law described in paragraph (1) may be restored
to the Federal-aid highway program.
"(d) Authorization of Contract Authority. - [Amended section 1003
of Pub. L. 102-240.]
"(e) Limitation on Obligations. -
"(1) In general. - Subject to paragraph (2), after the date of
enactment of this Act [Dec. 1, 1997], the Secretary shall
allocate to each State an amount of obligation authority made
available under the Department of Transportation and Related
Agencies Appropriations Act, 1998 (Public Law 105-66 [see Tables
for classification]) that is -
"(A) equal to the greater of -
"(i) the State's unobligated balance, as of October 1,
1997, of Federal-aid highway apportionments subject to any
limitation on obligations; or
"(ii) 50 percent of the State's total fiscal year 1997
obligation authority for funds apportioned for the Federal-
aid highway program; but
"(B) not greater than 75 percent of the State's total fiscal
year 1997 obligation authority for funds apportioned for the
Federal-aid highway program.
"(2) Limitation on amount. - The total of all allocations under
paragraph (1) shall not exceed $9,786,275,000.
"(3) Time period for obligations of funds. -
"(A) In general. - Except as provided in subparagraph (B), a
State shall not obligate any funds for any Federal-aid highway
program project after May 1, 1998, until the earlier of the
date of enactment of a multiyear law reauthorizing the Federal-
aid highway program or July 1, 1998.
"(B) Reobligation. - Subparagraph (A) shall not preclude the
reobligation of previously obligated funds.
"(C) Distribution of remaining obligation authority. - On the
earlier of the date of enactment of a law described in
subparagraph (A) or July 1, 1998, the Secretary shall
distribute to each State any remaining amounts of obligation
authority for Federal-aid highways and highway safety
construction programs by allocation in accordance with section
310(a) of the Department of Transportation and Related Agencies
Appropriations Act, 1998 (Public Law 105-66) [set out below].
"(D) Contract authority. - No contract authority made
available to the States prior to July 1, 1998, shall be
obligated after that date until such time as a multiyear law
reauthorizing the Federal-aid highway program has been enacted.
"(4) Treatment of obligations. - Any obligation of an
allocation of obligation authority made under this subsection
shall be considered to be an obligation for Federal-aid highways
and highway safety construction programs for fiscal year 1998 for
the purposes of the matter under the heading '(limitation on
obligations)' under the heading 'Federal-Aid Highways' in title I
of the Department of Transportation and Related Agencies
Appropriations Act, 1998 (Public Law 105-66 [111 Stat. 1431])."
EFFECT OF LIMITATION ON APPORTIONMENT
Section 319(c) of Pub. L. 104-59 provided that: "Notwithstanding
any other provision of law, for each of fiscal years 1996 and 1997,
the amendments made by subsection (a) [amending this section and
section 149 of this title] shall not affect any apportionment
adjustments under section 1015 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1943) [Pub. L. 102-
240, set out below]."
COMPLETION OF INTERSTATE SYSTEM
Section 1001(a) of Pub. L. 102-240 provided that: "Congress
declares that the authorizations of appropriations and
apportionments for construction of the Dwight D. Eisenhower
National System of Interstate and Defense Highways [now Dwight D.
Eisenhower System of Interstate and Defense Highways] made by this
section (including the amendments made by this section [amending
this section and section 101 of this title]) are the final
authorizations of appropriations and apportionments for completion
of construction of such System."
APPORTIONMENT ADJUSTMENTS
Section 1015 of Pub. L. 102-240 provided that:
"(a) Hold Harmless. -
"(1) General rule. - The amount of funds which, but for this
subsection, would be apportioned to a State for each of the
fiscal years 1992 through 1997 under section 104(b)(3) of title
23, United States Code, for the surface transportation program
shall be increased or decreased by an amount which, when added to
or subtracted from the aggregate amount of funds apportioned to
the State for such fiscal year and funds allocated to the State
for the prior fiscal year under section 104(b) of such title,
section 103(e)(4) for Interstate highway substitute, section 144
of such title, section 157 of such title, under section 202 of
such title for the Federal lands highways program, section 160 of
such title for the reimbursement program, and section 1013(c) of
this Act [23 U.S.C. 157 note] for the donor State bonus program,
will result in the percentage of amounts so apportioned and
allocated to all States being equal to the percentage listed for
such State in paragraph (2).
"(2) State percentages. - For purposes of paragraph (1) the
percentage of amounts apportioned and allocated which are
referred to in paragraph (1) for each State, and the District of
Columbia shall be determined in accordance with the following
table:
Adjustment
States Percentage
Alabama 1.74
Alaska 1.28
Arizona 1.49
Arkansas 1.20
California 9.45
Colorado 1.35
Connecticut 1.78
Delaware 0.41
District of Columbia 0.53
Florida 4.14
Georgia 2.97
Hawaii 0.57
Idaho 0.69
Illinois 3.72
Indiana 2.20
Iowa 1.25
Kansas 1.14
Kentucky 1.52
Louisiana 1.55
Maine 0.50
Maryland 1.69
Massachusetts 4.36
Michigan 2.81
Minnesota 1.58
Mississippi 1.15
Missouri 2.23
Montana 0.97
Nebraska 0.83
Nevada 0.64
New Hampshire 0.48
New Jersey 2.87
New Mexico 1.08
New York 5.37
North Carolina 2.65
North Dakota 0.62
Ohio 3.73
Oklahoma 1.42
Oregon 1.26
Pennsylvania 4.38
Rhode Island 0.54
South Carolina 1.41
South Dakota 0.71
Tennessee 2.08
Texas 6.36
Utah 0.77
Vermont 0.44
Virginia 2.27
Washington 2.06
West Virginia 0.94
Wisconsin 1.70
Wyoming 0.67
"(b) 90 Percent of Payment Adjustments. -
"(1) General rule. - For each of fiscal years 1992 through
1997, the Secretary shall allocate among the States amounts
sufficient to ensure that a State's total apportionments for such
fiscal year and allocations for the prior fiscal year under
section 104(b) of such title, section 103(e)(4) for Interstate
highway substitute, section 144 of such title, section 157 of
such title, section 202 of such title for the Federal lands
highways program, section 1013(c) of this Act [23 U.S.C. 157
note] for the donor State bonus program, section 160 of such
title for the reimbursement program, and subsection (a) of this
section for hold harmless is not less than 90 percent of the
estimated tax payments attributable to highway users in the State
paid into the Highway Trust Fund (other than Mass Transit
Account) in the latest fiscal year in which data is available.
"(2) Transfer of allocated amounts to stp apportionment. -
Subject to subsection (d) of this section, the Secretary shall
transfer amounts allocated to a State pursuant to paragraph (1)
to the apportionment of such State under section 104(b)(3) for
the surface transportation program.
"(c) Additional Allocation. - Subject to subsection (d) of this
section, the Secretary shall allocate to the State of Wisconsin
$40,000,000 for fiscal year 1992 and $47,800,000 for each of fiscal
years 1993 through 1997 and transfer such amounts to the
apportionment of such State under section 104(b)(3) of title 23,
United States Code, for the surface transportation program.
"(d) Limitation on Applicability of Certain Requirements of STP
Program. - The following provisions of section 133 of title 23,
United States Code, shall not apply to 1/2 of the amounts added
under subsection (a) to the apportionment of the State for the
surface transportation program and of amounts transferred under
subsections (b) and (c) to such apportionment:
"(1) Subsection (d)(1).
"(2) Subsection (d)(2).
"(3) Subsection (d)(3).
"(e) Authorization of Appropriations. - There are authorized to
be appropriated, out of the Highway Trust Fund (other than the Mass
Transit Account), to carry out this section such sums as may be
necessary for each of fiscal years 1992 through 1997."
ALLOCATION FORMULA STUDY
Section 1098 of Pub. L. 102-240, as amended by Pub. L. 104-59,
title III, Sec. 325(g), Nov. 28, 1995, 109 Stat. 592, directed
General Accounting Office in conjunction with Bureau of
Transportation Statistics to conduct thorough study and recommend
to Congress within 2 years after Dec. 18, 1991, a fair and
equitable apportionment formula for allocation of Federal-aid
highway funds that best directs highway funds to places of greatest
need for highway maintenance and enhancement based on extent of
these highway systems, their present use, and increases in their
use, with results of study to be presented to Congress on or before
Jan. 1, 1994, and to be considered by Congress in the 1996
reauthorization of surface transportation program.
STUDY ON IMPACT OF CLIMATIC CONDITIONS
Pub. L. 102-240, title I, Secs. 1101-1102, Dec. 18, 1991, 105
Stat. 2027, directed Secretary of Transportation to conduct a study
of effects of climatic conditions on costs of highway construction
and maintenance and to transmit to Congress, not later than Sept.
30, 1993, a report on the results of the study, prior to repeal by
Pub. L. 105-362, title XV, Sec. 1501(d), Nov. 10, 1998, 112 Stat.
3294.
WITHHOLDING OF FIVE PER CENTUM OF FUNDS FOR STATES FAILING TO MEET
REQUIREMENTS
Section 333 [part] of Pub. L. 101-516, which for each fiscal year
directed Secretary of Transportation to withhold five per centum of
the amount required to be apportioned to any State under each of
paragraphs (1), (2), (5), and (6) of section 104(b) of this title
on the first day of each fiscal year which begins after the second
full calendar year following Nov. 5, 1990, if State does not meet
the requirements of paragraph (3) on such date, was repealed by
Pub. L. 102-143, title III, Sec. 333(c), Oct. 28, 1991, 105 Stat.
947.
REDUCTION IN AMOUNT STATES FAILING TO AUTHORIZE TAX-BASED SOURCES
OF REVENUE MAY OBLIGATE
Section 341 of Pub. L. 101-516, as amended by Pub. L. 102-240,
title III, Sec. 3003(b), Dec. 18, 1991, 105 Stat. 2088, provided
that:
"(a) Notwithstanding any other provision of law, for the period
January 1, 1992, through December 31, 1992, the Secretary of
Transportation shall reduce the aggregate amount which a State may
obligate for Federal-aid highways and highway safety construction
programs by 25 percent if such State has a public authority which
provides mass transportation for an urbanized area of such State
with a population of 3,000,000 or more as determined under the 1980
decennial census of the United States, and if by October 1, 1991 -
"(1) laws of such State do not authorize a general tax-based
source of revenues to take effect on or before January 1, 1992,
dedicated to paying the non-Federal share of projects for mass
transportation eligible for assistance under the Federal Transit
Act [now 49 U.S.C. 5301 et seq.]; or
"(2) the laws of such State do not authorize the establishment
of regional or local tax-based sources of revenues dedicated to
pay such non-Federal share or for paying operating expenses of
mass transit service so as to satisfy financial capacity
standards as may be required by the Secretary of Transportation.
"(b) For purposes of this section, the terms 'mass
transportation', 'State', and 'urbanized areas' have the meaning
such terms have under section 12 of the Federal Transit Act [now 49
U.S.C. 5302].
"(c) Any withholding defined under this section shall be waived
if the Governor of the State -
"(1) submits to the Secretary by October 1, 1991, a written
certification stating that he is opposed to the enactment in his
State of a law described in subsections (a)(1) and (2) and that
funding as described in subsections (a)(1) and (2) would not
improve public transportation safety; and
"(2) submits to the Secretary a written certification that the
legislature (including both Houses where applicable) has adopted
a resolution by a simple majority expressing its opposition to a
law described in subsections (a)(1) and (2).
"(d) This section shall remain in effect until December 31,
1992."
Pub. L. 102-27, title IV, Sec. 404(b), Apr. 10, 1991, 105 Stat.
155, provided that: "The Secretary of Transportation shall restore
any reductions in obligation authority made under section 329 [of
Pub. L. 101-516, formerly set out below] prior to its repeal."
Similar provisions were contained in Pub. L. 101-516, title III,
Sec. 329, Nov. 5, 1990, 104 Stat. 2183, which was repealed by Pub.
L. 102-27, title IV, Sec. 404(a), Apr. 10, 1991, 105 Stat. 155.
IMPLEMENTATION OF CERTAIN PRESIDENTIAL ORDERS REQUIRING PERCENTAGE
REDUCTION FOR FEDERAL-AID HIGHWAY, MASS TRANSIT, AND HIGHWAY SAFETY
PROGRAMS
Section 136 of Pub. L. 100-17 provided that: "In implementing any
order issued by the President which provides for or requires a
percentage reduction in new budget authority, unobligated balances,
obligated balances, new loan guarantee commitments, new direct loan
obligations, spending authority, or obligation limitations for the
Federal-aid highway, mass transit and highway safety programs and
with respect to which the budget account activity as identified in
the program and financing schedule contained in the Appendix to the
Budget of the United States Government for such programs includes
more than one specific highway, mass transit, or highway safety
program or project for which budget authority is provided by this
Act or an amendment made by this Act [see Short Title of 1987
Amendment note set out under section 101 of this title], the
Secretary shall apply the percentage reduction equally to each such
specific program or project."
FEDERAL-AID PRIMARY FORMULA FOR AMOUNTS AUTHORIZED FOR FISCAL YEARS
1983 THROUGH 1991
Pub. L. 97-424, title I, Sec. 108(a)-(e), Jan. 6, 1983, 96 Stat.
2103, as amended by Pub. L. 100-17, title I, Secs. 107, 133(a)(1),
Apr. 2, 1987, 101 Stat. 146, 170, provided that:
"(a) Notwithstanding section 104(b)(1) of title 23, United States
Code, and any other provision of law, amounts authorized for fiscal
years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, and 1991 for
the Federal-aid primary system (including extensions in urban areas
and priority primary routes) shall be apportioned in accordance
with this section. The Secretary of Transportation shall determine
for each State the higher of (1) the amount which would be
apportioned to such State under section 104(b)(1) of title 23,
United States Code, and (2) the amount which would be apportioned
to such State under the following formula:
"One-half in the ratio which the population of rural areas of
each State bears to the total population of rural areas of all
the States as shown by the latest available Federal census and
one-half in the ratio which the population in urban areas in each
State bears to the total population in urban areas in all the
States as shown by the latest Federal census.
"(b) The Secretary of Transportation shall, for each of the
fiscal years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, and
1991, determine the total of the amounts determined for each State
under subsection (a) and shall determine the ratio which the total
amount authorized for such fiscal year for the Federal-aid primary
system bears to the total of such amounts determined under
subsection (a) for such fiscal year.
"(c) The amount which shall be apportioned to each State for the
Federal-aid primary system (including extensions in urban areas and
priority primary routes) for each of the fiscal years 1983, 1984,
1985, 1986, 1987, 1988, 1989, 1990, and 1991 shall be the amount
determined for such State under subsection (a), multiplied by the
ratio determined under subsection (b).
"(d) Notwithstanding any other provision of law, no State shall
receive an apportionment under this section for any fiscal year
which is less than the lower of (1) the amount which the State
would be apportioned for such fiscal year under section 104(b)(1)
of title 23, United States Code, and (2) the amount which would be
determined under the formula set forth in subsection (a).
Notwithstanding any other provision of law, no State shall receive
for any such fiscal year less than one-half of 1 per centum of the
total apportionment under this section for such fiscal year. For
purposes of this paragraph and subsection (b) of section 103 of
title 23, United States Code, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands shall
be considered together as one State. The State consisting of the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Mariana Islands shall not receive less than one-half of 1 per
centum of each year's apportionment. There are authorized to be
appropriated such sums as may be necessary out of the Highway Trust
Fund to carry out this subsection. Funds authorized by this
subsection shall be available for obligation in the same manner and
to the same extent as if such funds were apportioned under chapter
1 of title 23, United States Code.
"(e) Amounts apportioned under this section shall be deemed to be
amounts apportioned under section 104(b)(1) of title 23, United
States Code, for purposes of such title and all other provisions of
law. Terms used in this section shall have the same meaning such
terms have in chapter 1 of title 23, United States Code."
MATCHING FUND WAIVER FOR PERIOD JANUARY 6, 1983, THROUGH SEPTEMBER
30, 1984
Pub. L. 97-424, title I, Sec. 145, Jan. 6, 1983, 96 Stat. 2130,
provided that:
"(a) Notwithstanding any other provision of law, the Federal
share of any qualifying project approved by the Secretary of
Transportation under section 106(a) [section 106(a) of this title],
and of any qualifying project for which the United States becomes
obligated to pay under section 117, of title 23, United States
Code, during the period beginning on the date of enactment of this
Act [Jan. 6, 1983] and ending September 30, 1984, shall be such
percentage of the construction cost as the State highway department
requests, up to and including 100 per centum.
"(b) For purposes of this section, the term 'qualifying project'
means a project approved by the Secretary of Transportation under
section 106(a) of title 23, United States Code, or a project for
which the United States becomes obligated to pay under section 117
of title 23, United States Code, for which the Governor of the
State submitting the project has certified, in accordance with
regulations established by the Secretary of Transportation, that
sufficient funds are not available to pay the cost of the non-
Federal share of the project.
"(c) The total amount which may be obligated for qualifying
projects in any State under subsection (a) shall not be greater
than the excess of -
"(1) the sum of the amount of obligation authority distributed
to such State for fiscal year 1983 under section 104(b) of this
Act [set out above], plus the amount, if any, available to such
State under section 150 of this Act [enacting section 157 of this
title], pertaining to minimum allocation, over
"(2) the amount of obligation authority distributed to such
State for fiscal year 1982 under section 3(b) of the Federal-Aid
Highway Act of 1981 [set out below].
"(d) The total amount of such increases in the Federal share as
are made pursuant to subsection (a) for any State shall be repaid
to the United States by such State on or before September 30, 1984.
Such payments shall be deposited in the Highway Trust Fund and such
repaid amounts shall be credited to the appropriate apportionment
accounts of such State.
"(e) If a State has not made the repayment as required by
subsection (d) of this section, the Secretary shall deduct from
funds apportioned to such State under section 104(b) of title 23,
United States Code, except for paragraph (5)(A), in each of the
fiscal years ending September 30, 1985, and September 30, 1986, a
pro rata share of each category of such apportioned funds, the
total amount of which shall be equal to 50 per centum of the amount
needed for repayment. Any amount deducted under this subsection
shall be reapportioned for the fiscal years 1985 and 1986 in
accordance with section 104(b)(1) of title 23, United States Code,
to those States which have not received a higher Federal share
under this section and to those States which have made the
repayment required by subsection (d)."
FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION PROGRAMS;
MAXIMUM LIMITS ON TOTAL OBLIGATIONS; EXCEPTIONS; STATE ALLOCATIONS
Pub. L. 109-59, title I, Sec. 1102, Aug. 10, 2005, 119 Stat.
1157, as amended by Pub. L. 110-244, title I, Sec. 101(b), June 6,
2008, 122 Stat. 1573, provided that:
"(a) General Limitation. - Subject to subsections (g) and (h),
and notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs shall
not exceed -
"(1) $34,422,400,000 for fiscal year 2005;
"(2) $36,032,343,903 for fiscal year 2006;
"(3) $38,244,210,516 for fiscal year 2007;
"(4) $39,585,075,404 for fiscal year 2008; and
"(5) $41,199,970,178 for fiscal year 2009.
"(b) Exceptions. - The limitations under subsection (a) shall not
apply to obligations under or for -
"(1) section 125 of title 23, United States Code;
"(2) section 147 of the Surface Transportation Assistance Act
of 1978 [Pub. L. 95-599] (formerly 23 U.S.C. 144 note; 92 Stat.
2714);
"(3) section 9 of the Federal-Aid Highway Act of 1981 (Public
Law 97-134; 95 Stat. 1701);
"(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (Public Law 97-424; 96
Stat. 2119);
"(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(Public Law 100-17; 101 Stat. 198);
"(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2027) [see Tables for classification];
"(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
"(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal
to $639,000,000 for each of those fiscal years);
"(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act
for the 21st Century (Public Law 105-178; 112 Stat. 107) [see
Tables for classification] or subsequent public laws for multiple
years or to remain available until used, but only to the extent
that the obligation authority has not lapsed or been used;
"(10) section 105 of title 23, United States Code (but, for
each of fiscal years 2005 through 2009, only in an amount equal
to $639,000,000 per fiscal year); and
"(11) section 1603 of this Act [set out as a note under section
118 of this title], to the extent that funds obligated in
accordance with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation.
"(c) Distribution of Obligation Authority. - For each of fiscal
years 2005 through 2009, the Secretary [of Transportation] -
"(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for -
"(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
"(B) programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States Code
(as in effect on the date before the date of enactment of this
Act [Aug. 10, 2005]); and
"(C) amounts authorized for the highway use tax evasion
program and the Bureau of Transportation Statistics;
"(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway and
highway safety programs for previous fiscal years the funds for
which are allocated by the Secretary;
"(3) shall determine the ratio that -
"(A) the obligation authority provided by subsection (a) for
the fiscal year, less the aggregate of amounts not distributed
under paragraphs (1) and (2); bears to
"(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (9) of
subsection (b) and sums authorized to be appropriated for
section 105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(10) for the fiscal year),
less the aggregate of the amounts not distributed under
paragraphs (1) and (2);
"(4)(A) shall distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of this
Act [see Tables for classification], sections 117 [(]but
individually for each of [sic] project numbered 1 through 3676
listed in the table contained in section 1702 of this Act [119
Stat. 1256][)] and 144(g) [now 144(f)] of title 23, United States
Code, and section 14501 of title 40, United States Code, and,
during fiscal year 2005, amounts for programs, projects, and
activities authorized by section 117 of title I of division H of
the Consolidated Appropriations Act, 2005 (Public Law 108-447;
118 Stat. 3212), so that the amount of obligation authority
available for each of such sections is equal to the amount
determined by multiplying -
"(i) the ratio determined under paragraph (3); by
"(ii) the sums authorized to be appropriated for that section
for the fiscal year; and
"(B) shall distribute $2,000,000,000 for section 105 of title
23, United States Code;
"(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs that are
allocated by the Secretary under this Act [see Tables for
classification] and title 23, United States Code (other than to
programs to which paragraph (1) applies), by multiplying -
"(A) the ratio determined under paragraph (3); by
"(B) the amounts authorized to be appropriated for each such
program for the fiscal year; and
"(6) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraphs (4) and (5), for Federal-aid highway and highway
safety construction programs (other than the amounts apportioned
for the equity bonus program, but only to the extent that the
amounts apportioned for the equity bonus program for the fiscal
year are greater than $2,639,000,000, and the Appalachian
development highway system program) that are apportioned by the
Secretary under this Act and title 23, United States Code, in the
ratio that -
"(A) amounts authorized to be appropriated for the programs
that are apportioned to each State for the fiscal year; bear to
"(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned to all States for the
fiscal year.
"(d) Redistribution of Unused Obligation Authority. -
Notwithstanding subsection (c), the Secretary [of Transportation]
shall, after August 1 of each of fiscal years 2005 through 2009 -
"(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot be
obligated during that fiscal year; and
"(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code.
"(e) Applicability of Obligation Limitations to Transportation
Research Programs. -
"(1) In general. - Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for transportation research programs carried
out under -
"(A) chapter 5 of title 23, United States Code; and
"(B) title V (research title) of this Act [see Tables for
classification].
"(2) Exception. - Obligation authority made available under
paragraph (1) shall -
"(A) remain available for a period of 3 fiscal years; and
"(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
"(f) Redistribution of Certain Authorized Funds. -
"(1) In general. - Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2005 through 2009, the Secretary [of
Transportation] shall distribute to the States any funds that -
"(A) are authorized to be appropriated for the fiscal year
for Federal-aid highway programs; and
"(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in the fiscal
year due to the imposition of any obligation limitation for the
fiscal year.
"(2) Ratio. - Funds shall be distributed under paragraph (1) in
the same ratio as the distribution of obligation authority under
subsection (c)(6).
"(3) Availability. - Funds distributed under paragraph (1)
shall be available for any purpose described in section 133(b) of
title 23, United States Code.
"(g) Special Limitation Characteristics. - Obligation authority
distributed for a fiscal year under subsection (c)(4) for the
provision specified in subsection (c)(4) shall -
"(1) remain available until used for obligation of funds for
that provision; and
"(2) be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
"(h) Adjustment in Obligation Limit. -
"(1) In general. - Subject to the last sentence of section
110(a)(2) of title 23, United States Code, a limitation on
obligations imposed by subsection (a) for a fiscal year shall be
adjusted by an amount equal to the amount determined in
accordance with [former] section 251(b)(1)(B) of the Balanced
Budget and Emergency Deficit Control Act of 1985 ([former] 2
U.S.C. 901(b)(1)(B)) for the fiscal year.
"(2) Distribution. - An adjustment under paragraph (1) shall be
distributed in accordance with this section.
"(i) Special Rule for Fiscal Year 2005. -
"(1) In general. - Obligation authority distributed under
subsection (c)(4) for fiscal year 2005 for sections 1301, 1302,
and 1934 of this Act [see Tables for classification] and sections
117 and 144(g) [now 144(f)] of title 23, United States Code, may
be used in fiscal year 2005 for purposes of obligation authority
distributed under subsection (c)(6).
"(2) Restoration. - Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the
date on which obligation authority is distributed under this
section for fiscal year 2006.
"(j) High Priority Project Flexibility. -
"(1) In general. - Subject to paragraph (2), obligation
authority distributed for a fiscal year under subsection (c)(4)
for each project numbered 1 through 3676 listed in the table
contained in section 1702 of this Act [119 Stat. 1256] may be
obligated for any other project in such section in the same
State.
"(2) Restoration. - Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the
date on which obligation authority is distributed under this
section for the next fiscal year following obligation under
paragraph (1).
"(k) Limitation on Statutory Construction. - Nothing in this
section shall be construed to limit the distribution of obligation
authority under subsection (c)(4)(A) for each of the individual
projects numbered greater than 3676 listed in the table contained
in section 1702 of this Act [119 Stat. 1256]."
Similar provisions for prior fiscal years were contained in the
following acts:
Pub. L. 105-178, title I, Sec. 1102, June 9, 1998, 112 Stat. 115,
as amended by Pub. L. 105-206, title IX, Sec. 9002(b), July 22,
1998, 112 Stat. 834; Pub. L. 106-159, title I, Sec. 103(b)(2), Dec.
9, 1999, 113 Stat. 1753.
Pub. L. 112-55, div. C, title I, Nov. 18, 2011, 125 Stat. 650,
provided in part that: "None of the funds in this Act [div. C of
Pub. L. 112-55, see Tables for classification] shall be available
for the implementation or execution of programs, the obligations
for which are in excess of $39,143,582,670 for Federal-aid highways
and highway safety construction programs for fiscal year 2012".
Pub. L. 112-55, div. C, title I, Sec. 120, Nov. 18, 2011, 125
Stat. 651, provided that:
"(a) For fiscal year 2012, the Secretary of Transportation shall -
"(1) not distribute from the obligation limitation for Federal-
aid highways amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
programs funded from the administrative takedown authorized by
section 104(a)(1) of title 23, United States Code (as in effect
on the date before the date of enactment of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users [Aug. 10, 2005]); the highway use tax evasion
program; and the Bureau of Transportation Statistics;
"(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated balance
of amounts made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highways and highway
safety programs for previous fiscal years the funds for which are
allocated by the Secretary;
"(3) determine the ratio that -
"(A) the obligation limitation for Federal-aid highways, less
the aggregate of amounts not distributed under paragraphs (1)
and (2), bears to
"(B) the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for provisions
of law described in paragraphs (1) through (9) of subsection
(b) and sums authorized to be appropriated for section 105 of
title 23, United States Code, equal to the amount referred to
in subsection (b)(10) for such fiscal year), less the aggregate
of the amounts not distributed under paragraphs (1) and (2) of
this subsection;
"(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301 [set out as a note
under section 101 of this title], 1302 [set out as a note under
section 101 of this title], and 1934 [119 Stat. 1485] of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act:
A Legacy for Users [Pub. L. 109-59]; section 117 and section
144(g) [now 144(f)] of title 23, United States Code; and section
14501 of title 40, United States Code, so that the amount of
obligation authority available for each of such sections is equal
to the amount determined by multiplying the ratio determined
under paragraph (3) by the sums authorized to be appropriated for
that section for the fiscal year; and
"(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
"(5) distribute the obligation limitation provided for Federal-
aid highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraph
(4), for each of the programs that are allocated by the Secretary
under the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users [Pub. L. 109-59, see Tables for
classification] and title 23, United States Code (other than to
programs to which paragraphs (1) and (4) apply), by multiplying
the ratio determined under paragraph (3) by the amounts
authorized to be appropriated for each such program for such
fiscal year; and
"(6) distribute the obligation limitation provided for Federal-
aid highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs
(4) and (5), for Federal-aid highways and highway safety
construction programs (other than the amounts apportioned for the
equity bonus program, but only to the extent that the amounts
apportioned for the equity bonus program for the fiscal year are
greater than $2,639,000,000, and the Appalachian development
highway system program) that are apportioned by the Secretary
under the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users and title 23, United States Code,
in the ratio that -
"(A) amounts authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
"(B) the total of the amounts authorized to be appropriated
for such programs that are apportioned to all States for such
fiscal year.
"(b) Exceptions From Obligation Limitation. - The obligation
limitation for Federal-aid highways shall not apply to obligations:
"(1) under section 125 of title 23, United States Code;
"(2) under section 147 of the Surface Transportation Assistance
Act of 1978 [Pub. L. 95-599, formerly set out as a note under
section 144 of this title];
"(3) under section 9 of the Federal-Aid Highway Act of 1981
[Pub. L. 97-134, 95 Stat. 1701];
"(4) under subsections (b) and (j) of section 131 of the
Surface Transportation Assistance Act of 1982 [Pub. L. 97-424, 96
Stat. 2119, 2123];
"(5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 [Pub. L. 100-17, 101 Stat. 198, 200];
"(6) under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 [Pub. L. 102-240, see
Tables for classification];
"(7) under section 157 of title 23, United States Code, as in
effect on the day before the date of the enactment of the
Transportation Equity Act for the 21st Century [June 9, 1998];
"(8) under section 105 of title 23, United States Code, as in
effect for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years;
"(9) for Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act
for the 21st Century [Pub. L. 105-178, see Tables for
classification] or subsequent public laws for multiple years or
to remain available until used, but only to the extent that the
obligation authority has not lapsed or been used;
"(10) under section 105 of title 23, United States Code, but
only in an amount equal to $639,000,000 for each of fiscal years
2005 through 2012; and
"(11) under section 1603 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users [Pub. L.
109-59, set out as a note under section 118 of this title], to
the extent that funds obligated in accordance with that section
were not subject to a limitation on obligations at the time at
which the funds were initially made available for obligation.
"(c) Redistribution of Unused Obligation Authority. -
Notwithstanding subsection (a), the Secretary shall, after August 1
of such fiscal year, revise a distribution of the obligation
limitation made available under subsection (a) if the amount
distributed cannot be obligated during that fiscal year, and
redistribute sufficient amounts to those States able to obligate
amounts in addition to those previously distributed during that
fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 104 and
144 of title 23, United States Code.
"(d) Applicability of Obligation Limitations to Transportation
Research Programs. - The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of
title 23, United States Code, and title V (research title) of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users [Pub. L. 109-59, see Tables for classification],
except that obligation authority made available for such programs
under such limitation shall remain available for a period of 3
fiscal years and shall be in addition to the amount of any
limitation imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal years.
"(e) Redistribution of Certain Authorized Funds. -
"(1) In general. - Not later than 30 days after the date of the
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds that -
"(A) are authorized to be appropriated for such fiscal year
for Federal-aid highways programs; and
"(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in such
fiscal year due to the imposition of any obligation limitation
for such fiscal year.
"(2) Ratio. - Funds shall be distributed under paragraph (1) in
the same ratio as the distribution of obligation authority under
subsection (a)(6).
"(3) Availability. - Funds distributed under paragraph (1)
shall be available for any purposes described in section 133(b)
of title 23, United States Code.
"(f) Special Limitation Characteristics. - Obligation limitation
distributed for a fiscal year under subsection (a)(4) for the
provision specified in subsection (a)(4) shall -
"(1) remain available until used for obligation of funds for
that provision; and
"(2) be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
"(g) Limitation on Statutory Construction. - Nothing in this
section shall be construed to limit the distribution of obligation
authority under subsection (a)(4)(A) for each of the individual
projects numbered greater than 3676 listed in the table contained
in section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users [119 Stat. 1256]."
Similar provisions for prior fiscal years were contained in the
following acts:
Pub. L. 111-117, div. A, title I, Dec. 16, 2009, 123 Stat. 3044.
Pub. L. 111-117, div. A, title I, Sec. 120, Dec. 16, 2009, 123
Stat. 3045.
Pub. L. 111-8, div. I, title I, Mar. 11, 2009, 123 Stat. 923.
Pub. L. 111-8, div. I, title I, Sec. 120, Mar. 11, 2009, 123
Stat. 924.
Pub. L. 110-161, div. K, title I, Dec. 26, 2007, 121 Stat. 2383.
Pub. L. 110-161, div. K, title I, Sec. 120, Dec. 26, 2007, 121
Stat. 2385.
Pub. L. 109-115, div. A, title I, Nov. 30, 2005, 119 Stat. 2402.
Pub. L. 109-115, div. A, title I, Sec. 110, Nov. 30, 2005, 119
Stat. 2403.
Pub. L. 108-447, div. H, title I, Dec. 8, 2004, 118 Stat. 3204.
Pub. L. 108-447, div. H, title I, Sec. 110, Dec. 8, 2004, 118
Stat. 3209.
Pub. L. 108-199, div. F, title I, Jan. 23, 2004, 118 Stat. 285.
Pub. L. 108-199, div. F, title I, Sec. 110, Jan. 23, 2004, 118
Stat. 290, as amended by Pub. L. 108-202, Sec. 8(b), Feb. 29, 2004,
118 Stat. 484; Pub. L. 108-287, title X, Sec. 14003(a) Aug. 5,
2004, 118 Stat. 1013.
Pub. L. 108-7, div. I, title I, title III, Sec. 310, Feb. 20,
2003, 117 Stat. 393, 407.
Pub. L. 107-87, title I, title III, Sec. 310, Dec. 18, 2001, 115
Stat. 841, 855.
Pub. L. 106-346, Sec. 101(a) [title I, title III, Sec. 310], Oct.
23, 2000, 114 Stat. 1356, 1356A-7, 1356A-24.
Pub. L. 106-69, title I, title III, Sec. 310, Oct. 9, 1999, 113
Stat. 994, 1016.
Pub. L. 105-277, div. A, Sec. 101(g) [title I, title III, Sec.
310], Oct. 21, 1998, 112 Stat. 2681-439, 2681-446, 2681-465.
Pub. L. 105-66, title I, title III, Sec. 310, Oct. 27, 1997, 111
Stat. 1431, 1442.
Pub. L. 104-205, title I, title III, Sec. 310, Sept. 30, 1996,
110 Stat. 2958, 2969.
Pub. L. 104-50, title I, title III, Sec. 310, Nov. 15, 1995, 109
Stat. 443, 454.
Pub. L. 103-331, title I, Sept. 30, 1994, 108 Stat. 2477; Pub. L.
104-19, title I, July 27, 1995, 109 Stat. 223.
Pub. L. 103-331, title III, Sec. 310, Sept. 30, 1994, 108 Stat.
2489, as amended by Pub. L. 104-59, title III, Sec. 338(c)(3), Nov.
28, 1995, 109 Stat. 605.
Pub. L. 103-122, title I, title III, Sec. 310, Oct. 27, 1993, 107
Stat. 1206, 1220, as amended by Pub. L. 103-211, title II, Feb. 12,
1994, 108 Stat. 20.
Pub. L. 102-388, title I, title III, Sec. 310, Oct. 6, 1992, 106
Stat. 1528, 1544.
Pub. L. 102-240, title I, Sec. 1002(a)-(g), Dec. 18, 1991, 105
Stat. 1916-1918.
Pub. L. 102-143, title I, title III, Sec. 310, Oct. 28, 1991, 105
Stat. 925, 940.
Pub. L. 101-516, title I, title III, Sec. 310, Nov. 5, 1990, 104
Stat. 2163, 2179.
Pub. L. 101-164, title I, title III, Sec. 310, Nov. 21, 1989, 103
Stat. 1077, 1092.
Pub. L. 100-457, title I, title III, Sec. 310, Sept. 30, 1988,
102 Stat. 2132, 2146.
Pub. L. 100-202, Sec. 101(l) [title I, title III, Sec. 310], Dec.
22, 1987, 101 Stat. 1329-358, 1329-365, 1329-378.
Pub. L. 100-17, title I, Sec. 105(a)-(g), Apr. 2, 1987, 101 Stat.
142-144.
Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title I, title III, Sec.
313(a)-(d)], Oct. 18, 1986, 100 Stat. 1783-308, and Pub. L. 99-591,
Sec. 101(l) [H.R. 5205, title I, title III, Sec. 313(a)-(d)], Oct.
30, 1986, 100 Stat. 3341-308.
Pub. L. 99-272, title IV, Sec. 4102(a)-(e), Apr. 7, 1986, 100
Stat. 112, 113.
Pub. L. 99-190, Sec. 101(e) [title I, title III, Sec. 313], Dec.
19, 1985, 99 Stat. 1267, 1275, 1285.
Pub. L. 98-473, title I, Sec. 101(i) [title I, title III, Sec.
315], Oct. 12, 1984, 98 Stat. 1944, 1951, 1962.
Pub. L. 98-78, title I, title III, Sec. 322, Aug. 15, 1983, 97
Stat. 460, 474.
Pub. L. 98-8, title I, Mar. 24, 1983, 97 Stat. 14.
Pub. L. 97-424, title I, Sec. 104(a)-(d), Jan. 6, 1983, 96 Stat.
2098.
Pub. L. 97-134, Sec. 3, Dec. 29, 1981, 95 Stat. 1699, as amended
by Pub. L. 97-216, title I, July 19, 1982, 96 Stat. 187.
Pub. L. 97-35, title XI, Sec. 1106, Aug. 13, 1981, 95 Stat. 624,
as amended by Pub. L. 97-424, title I, Sec. 104(e), Jan. 6, 1983,
96 Stat. 2099.
APPORTIONMENT FACTORS FOR EXPENDITURES ON SYSTEM OF INTERSTATE AND
DEFENSE HIGHWAYS
Provisions requiring the Secretary of Transportation to apportion
for specific fiscal years sums authorized to be appropriated for
such fiscal years by section 108(b) of the Federal-Aid Highway Act
of 1956, set out as a note under section 101 of this title, for
expenditures on the National System of Interstate and Defense
Highways [now Dwight D. Eisenhower System of Interstate and Defense
Highways] using the apportionment factors contained in certain
tables in particular committee prints of the Committee on Public
Works and Transportation of the House of Representatives were
contained in the following acts:
Pub. L. 102-240, title I, Sec. 1001(b), Dec. 18, 1991, 105 Stat.
1915.
Pub. L. 100-17, title I, Sec. 102(a), Apr. 2, 1987, 101 Stat.
135.
Pub. L. 99-104, Sec. 1, Sept. 30, 1985, 99 Stat. 474.
Pub. L. 99-4, Sec. 1, Mar. 13, 1985, 99 Stat. 6.
Pub. L. 98-229, Sec. 1, Mar. 9, 1984, 98 Stat. 55.
Pub. L. 97-327, Sec. 3, Oct. 15, 1982, 96 Stat. 1611.
Pub. L. 97-134, Sec. 2, Dec. 29, 1981, 95 Stat. 1699.
Pub. L. 96-144, Sec. 1, Dec. 13, 1979, 93 Stat. 1084.
Pub. L. 95-599, title I, Sec. 103, Nov. 6, 1978, 92 Stat. 2689.
Pub. L. 94-280, title I, Sec. 103, May 5, 1976, 90 Stat. 426.
Pub. L. 93-87, title I, Sec. 103, Aug. 13, 1973, 87 Stat. 250.
Pub. L. 91-605, title I, Sec. 103, Dec. 31, 1970, 84 Stat. 1714.
Pub. L. 90-495, Sec. 3, Aug. 23, 1968, 82 Stat. 815.
Pub. L. 89-574, Sec. 3, Sept. 13, 1966, 80 Stat. 766.
Pub. L. 89-139, Sec. 2, Aug. 28, 1965, 79 Stat. 578.
MINIMUM APPORTIONMENT TO EACH STATE; EXPENDITURE OF EXCESS AMOUNTS
Provisions entitling each State, for specific fiscal years, to
receive at least one-half of 1 per centum of the total
apportionment for the Interstate System under section 104(b)(5)(A)
of this title, and authorizing States to expend amounts available
under these provisions which are in excess of the estimated cost of
completing and of necessary resurfacing, restoring, rehabilitating,
and reconstruction of the State's portion of the Interstate System
for the purposes for which funds apportioned under section
104(b)(1), (2), and (6) of this title may be expended or for
carrying out section 152 of this title were contained in the
following acts:
Pub. L. 100-17, title I, Sec. 102(c), Apr. 2, 1987, 101 Stat.
135, as amended by Pub. L. 102-240, title I, Sec. 1001(h), Dec. 18,
1991, 105 Stat. 1916.
Pub. L. 97-424, title I, Sec. 103(a), Jan. 6, 1983, 96 Stat.
2097.
Pub. L. 97-327, Sec. 4(b), Oct. 15, 1982, 96 Stat. 1612; repealed
Pub. L. 97-424, title I, Sec. 103(b), Jan. 6, 1983, 96 Stat. 2098.
Pub. L. 95-599, title I, Sec. 104(b)(1), Nov. 6, 1978, 92 Stat.
2691.
Pub. L. 94-280, title I, Sec. 105(b)(1), May 5, 1976, 90 Stat.
428.
Pub. L. 93-87, title I, Sec. 104(b), Aug. 13, 1973, 87 Stat. 252.
Pub. L. 91-605, title I, Sec. 105(b), Dec. 31, 1970, 84 Stat.
1716.
PUBLIC BOAT LAUNCHING AREAS; ACCESS RAMPS
Section 147 of Pub. L. 94-280 provided that: "Funds apportioned
to States under subsections (b)(1), (b)(2), and (b)(6) of section
104 of title 23, United States Code, may be used upon the
application of the State and the approval of the Secretary of
Transportation for construction of access ramps from bridges under
construction or which are being reconstructed, replaced, repaired,
or otherwise altered on the Federal-aid primary, secondary, or
urban system to public boat launching areas adjacent to such
bridges. Approval of the Secretary shall be in accordance with
guidelines developed jointly by the Secretary of Transportation and
the Secretary of the Interior."
USE OF FEDERAL FUNDS DURING PERIOD BEGINNING FEBRUARY 12, 1975, AND
ENDING SEPTEMBER 30, 1975
Pub. L. 94-30, Sec. 3, June 4, 1975, 89 Stat. 171, sanctioned the
use of any money apportioned under section 104(b) of this title for
any Federal-aid highway system in a State for any project in that
State on any Federal-aid highway system, such amount to be deducted
from the apportionment made after June 4, 1975 and repaid and
credited to the last apportionment made for which the money was
originally apportioned.
MINIMUM APPORTIONMENT FOR PRIMARY SYSTEM; ADDITIONAL APPROPRIATIONS
FOR FISCAL YEARS ENDING JUNE 30, 1974, 1975, AND 1976
Section 111(b) of Pub. L. 93-87 provided that: "Notwithstanding
the amendments made by subsection (a) of this section [to subsecs.
(b)(1), (2), (6), (c) and (d) of this section] no State (other than
the District of Columbia) shall receive an apportionment for the
primary system which is less than the apportionment which such
State received for such system for the fiscal year ending June 30,
1973. In order to carry out this subsection, there is authorized to
be appropriated out of the Highway Trust Fund for the Federal-aid
primary system, an additional $17,000,000 for the fiscal year
ending June 30, 1974, and $15,000,000 per fiscal year for the
fiscal years ending June 30, 1975, and June 30, 1976."
SECTION 102(A) OF THE FEDERAL-AID HIGHWAY ACT OF 1956
Act June 29, 1956, ch. 462, title I, Sec. 102(a), 70 Stat. 374,
authorized, for the purpose of carrying out the provisions of the
Federal-Aid Road Act approved July 11, 1916, additional
appropriations of $125,000,000 for the fiscal year ending June 30,
1957, $850,000,000 for the fiscal year ending June 30, 1958, and
$875,000,000 for the fiscal year ending June 30, 1959, and provided
for the percentage allocation of these funds for primary, secondary
and urban systems and the manner of apportionment among the States.
APPROVAL OF ESTIMATE OF COST OF COMPLETING THE INTERSTATE SYSTEM AS
BASIS FOR APPORTIONMENT OF FUNDS FOR FISCAL YEARS 1963 TO 1966
Pub. L. 87-61, title I, Sec. 102, June 29, 1961, 75 Stat. 122,
approved the estimate of cost of completing the Interstate System
in each State, transmitted to the Congress on Jan. 11, 1961, as the
basis for making the apportionment of funds authorized for the
fiscal years ending June 30, 1963, 1964, 1965, and 1966.
APPROVAL OF ESTIMATE OF COST OF COMPLETING THE INTERSTATE SYSTEM AS
BASIS FOR APPORTIONMENT OF FUNDS FOR FISCAL YEARS 1960-1962
Pub. L. 85-381, Sec. 8, Apr. 16, 1958, 72 Stat. 94, as amended by
Pub. L. 85-899, Sec. 1, Sept. 2, 1958, 72 Stat. 1725; Pub. L. 86-
342, title I, Sec. 103, Sept. 21, 1959, 73 Stat. 611, approved the
estimate of cost of completing the Interstate System in each State,
transmitted to the Congress on Jan. 7, 1958, as the basis for
making the apportionment of funds authorized for the fiscal years
ending June 30, 1960, 1961, and 1962.
APPORTIONMENTS FOR SUBSEQUENT YEARS BASED ON REVISED ESTIMATES OF
COST
Act June 29, 1956, ch. 462, title I, Sec. 108(d), 70 Stat. 379,
as amended by act Sept. 2, 1958, Pub. L. 85-899, Sec. 2, 72 Stat.
1725, provided that the sums authorized for the fiscal years 1960
through 1969 be apportioned among the several States in the ratio
which the estimated cost of completing the Interstate System had to
the sum of the estimated cost of completing the Interstate System
in all of the States, and required the Secretary of Commerce, in
cooperation with State highway departments, to make detailed
revised estimates of the cost of completion of the system and to
supply Congress with such revised estimate.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
23 USC Sec. 105 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 105. Equity bonus program
-STATUTE-
(a) Program. -
(1) In general. - Subject to subsections (c) and (d), for each
of fiscal years 2005 through 2009, the Secretary shall allocate
among the States amounts sufficient to ensure that no State
receives a percentage of the total apportionments for the fiscal
year for the programs specified in paragraph (2) that is less
than the percentage calculated under subsection (b).
(2) Specific programs. - The programs referred to in subsection
(a) are -
(A) the Interstate maintenance program under section 119;
(B) the national highway system program under section 103;
(C) the highway bridge program under section 144;
(D) the surface transportation program under section 133;
(E) the highway safety improvement program under section 148;
(F) the congestion mitigation and air quality improvement
program under section 149;
(G) metropolitan planning programs under section 104(f);
(H) the high priority projects program under section 117;
(I) the equity bonus program under this section;
(J) the Appalachian development highway system program under
subtitle IV of title 40;
(K) the recreational trails program under section 206;
(L) the safe routes to school program under section 1404 of
the SAFETEA-LU;
(M) the rail-highway grade crossing program under section
130; and
(N) the coordinated border infrastructure program under
section 1303 of the SAFETEA-LU.
(b) State Percentage. -
(1) In general. - The percentage referred to in subsection (a)
for each State shall be -
(A) for each of fiscal years 2005 and 2006, 90.5 percent, for
fiscal year 2007, 91.5 percent, and for each of fiscal years
2008 and 2009, 92 percent, of the quotient obtained by dividing
-
(i) the estimated tax payments attributable to highway
users in the State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the most recent fiscal year
for which data are available; by
(ii) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund (other
than the Mass Transit Account) for the fiscal year; or
(B) for a State with a total population density of less than
40 persons per square mile (as reported in the decennial census
conducted by the Federal Government in 2000) and of which at
least 1.25 percent of the total acreage is under Federal
jurisdiction, based on the report of the General Services
Administration entitled "Federal Real Property Profile" and
dated September 30, 2004, a State with a total population of
less than 1,000,000 (as reported in that decennial census), a
State with a median household income of less than $35,000 (as
reported in that decennial census), a State with a fatality
rate during 2002 on Interstate highways that is greater than
one fatality for each 100,000,000 vehicle miles traveled on
Interstate highways, or a State with an indexed, State motor
fuels excise tax rate higher than 150 percent of the Federal
motor fuels excise tax rate as of the date of enactment of the
SAFETEA-LU, the greater of -
(i) the applicable percentage under subparagraph (A); or
(ii) the average percentage of the State's share of total
apportionments for the period of fiscal years 1998 through
2003 for the programs specified in paragraph (2).
(2) Specific programs. - The programs referred to in paragraph
(1)(B)(ii) are (as in effect on the day before the date of
enactment of the SAFETEA-LU) -
(A) the Interstate maintenance program under section 119;
(B) the national highway system program under section 103;
(C) the highway bridge program under section 144;
(D) the surface transportation program under section 133;
(E) the recreational trails program under section 206;
(F) the high priority projects program under section 117;
(G) the minimum guarantee provided under this section;
(H) revenue aligned budget authority amounts provided under
section 110;
(I) the congestion mitigation and air quality improvement
program under section 149;
(J) the Appalachian development highway system program under
subtitle IV of title 40; and
(K) metropolitan planning programs under section 104(f).
(c) Special Rules. -
(1) Minimum combined allocation. - For each fiscal year, before
making the allocations under subsection (a)(1), the Secretary
shall allocate among the States amounts sufficient to ensure that
no State receives a combined total of amounts allocated under
subsection (a)(1), apportionments for the programs specified in
subsection (a)(2), and amounts allocated under this subsection,
that is less than the following percentages of the average for
fiscal years 1998 through 2003 of the annual apportionments for
the State for all programs specified in subsection (b)(2):
(A) For fiscal year 2005, 117 percent.
(B) For fiscal year 2006, 118 percent.
(C) For fiscal year 2007, 119 percent.
(D) For fiscal year 2008, 120 percent.
(E) For fiscal year 2009, 121 percent.
(2) No negative adjustment. - No negative adjustment shall be
made under subsection (a)(1) to the apportionment of any State.
(d) Treatment of Funds. -
(1) Programmatic distribution. - The Secretary shall apportion
the amounts made available under this section that exceed
$2,639,000,000 so that the amount apportioned to each State under
this paragraph for each program referred to in subparagraphs (A)
through (F) of subsection (a)(2) is equal to the amount
determined by multiplying the amount to be apportioned under this
paragraph by the ratio that -
(A) the amount of funds apportioned to each State for each
program referred to in subparagraphs (A) through (F) of
subsection (a)(2) for a fiscal year; bears to
(B) the total amount of funds apportioned to such State for
all such programs for such fiscal year.
(2) Remaining distribution. - The Secretary shall administer
the remainder of funds made available under this section to the
States in accordance with section 104(b)(3), except that
paragraphs (1) through (3) of section 133(d) shall not apply to
amounts administered pursuant to this paragraph.
(e) Metro Planning Set Aside. - Notwithstanding section 104(f),
no set aside provided for under that section shall apply to funds
allocated under this section.
(f) Authorization of Appropriations. - There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) such sums as are necessary to carry out this
section for each of fiscal years 2005 through 2009.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 891; Pub. L. 86-624, Sec.
17(b), July 12, 1960, 74 Stat. 415; Pub. L. 89-564, title II, Sec.
206, Sept. 9, 1966, 80 Stat. 736; Pub. L. 91-605, title I, Secs.
106(d), 132, Dec. 31, 1970, 84 Stat. 1717, 1732; Pub. L. 93-87,
title I, Sec. 109(b), Aug. 13, 1973, 87 Stat. 255; Pub. L. 95-599,
title I, Secs. 111, 112, Nov. 6, 1978, 92 Stat. 2696; Pub. L. 97-
424, title I, Sec. 109(a), Jan. 6, 1983, 96 Stat. 2104; Pub. L.
102-240, title I, Sec. 1105(g)(7), Dec. 18, 1991, 105 Stat. 2036;
Pub. L. 105-178, title I, Sec. 1104(a), (c), June 9, 1998, 112
Stat. 127; Pub. L. 105-206, title IX, Sec. 9002(d), July 22, 1998,
112 Stat. 835; Pub. L. 109-59, title I, Sec. 1104(a), Aug. 10,
2005, 119 Stat. 1163; Pub. L. 110-244, title I, Sec. 101(m)(3)(B),
June 6, 2008, 122 Stat. 1576.)
-REFTEXT-
REFERENCES IN TEXT
Section 1404 of the SAFETEA-LU, referred to in subsec. (a)(2)(L),
is section 1404 of Pub. L. 109-59, which is set out as a note under
section 402 of this title.
Section 1303 of the SAFETEA-LU, referred to in subsec. (a)(2)(N),
is section 1303 of Pub. L. 109-59, which is set out as a note under
section 101 of this title.
The date of enactment of the SAFETEA-LU, referred to in subsec.
(b)(1)(B), (2), is the date of enactment of Pub. L. 109-59, which
was approved Aug. 10, 2005.
-MISC1-
AMENDMENTS
2008 - Subsecs. (a)(2)(C), (b)(2)(C). Pub. L. 110-244 struck out
"replacement and rehabilitation" after "highway bridge".
2005 - Pub. L. 109-59 amended section catchline and text
generally, substituting provisions relating to equity bonus program
for allocating amounts among the States for each of fiscal years
2005 through 2009 for provisions relating to minimum guarantee to
each State of funds apportioned under this chapter for each of
fiscal years 1998 through 2003.
1998 - Pub. L. 105-178 amended section catchline and text
generally, substituting provisions relating to minimum guarantee to
each State of funds apportioned under chapter for provisions
relating to programs to be submitted by State highway departments
for approval by Secretary for utilization of funds apportioned
under chapter.
Subsec. (a). Pub. L. 105-178, Sec. 1104(c)(1), as added by Pub.
L. 105-206, Sec. 9002(d), inserted at end "The minimum amount
allocated to a State under this section for a fiscal year shall be
$1,000,000."
Subsec. (c)(1). Pub. L. 105-178, Sec. 1104(c)(2), as added by
Pub. L. 105-206, Sec. 9002(d), struck out "50 percent of" after
"shall apportion" in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 105-178, Sec. 1104(c)(3), as added by
Pub. L. 105-206, Sec. 9002(d), inserted "(other than metropolitan
planning, minimum guarantee, high priority projects, Appalachian
development highway system, and recreational trails programs)"
after "subsection (a)".
Subsec. (c)(1)(B). Pub. L. 105-178, Sec. 1104(c)(4), as added by
Pub. L. 105-206, Sec. 9002(d), substituted "each State" for "all
States".
Subsec. (c)(2). Pub. L. 105-178, Sec. 1104(c)(5), as added by
Pub. L. 105-206, Sec. 9002(d), substituted "administer" for
"apportion" and "administered" for "apportioned".
Subsec. (f)(1). Pub. L. 105-178, Sec. 1104(c)(6)(A), as added by
Pub. L. 105-206, Sec. 9002(d), inserted "percentage" before
"return".
Subsec. (f)(2). Pub. L. 105-178, Sec. 1104(c)(6)(A), (B), as
added by Pub. L. 105-206, Sec. 9002(d), inserted "percentage"
before "return" and substituted "in the table in subsection (b) was
equal to" for "for the preceding fiscal year was equal to or less
than".
Subsec. (f)(3). Pub. L. 105-178, Sec. 1104(c)(6)(C), as added by
Pub. L. 105-206, Sec. 9002(d), inserted "proportionately" before
"adjust", struck out "set forth" before "in subsection (b)", and
substituted "is equal to" for "do not exceed".
Subsec. (f)(4). Pub. L. 105-178, Sec. 1104(c)(6)(A), as added by
Pub. L. 105-206, Sec. 9002(d), inserted "percentage" before
"return".
1991 - Subsec. (k). Pub. L. 102-240 added subsec. (k).
1983 - Subsec. (h). Pub. L. 97-424 added subsec. (h).
1978 - Subsec. (b). Pub. L. 95-599, Sec. 111, inserted provision
relating to selection of program projects after consultation with
local officials in situations where public roads and highways are
under control and supervision of State highway departments.
Subsec. (g). Pub. L. 95-599, Sec. 112, substituted "public
airports, public ports for water transportation, new town
communities, and new town-intown communities," for "public airports
and public ports for water transportation,".
1973 - Subsec. (d). Pub. L. 93-87 substituted "projects be
selected by the appropriate local officials with the concurrence of
the State highway department of each State and, in urbanized areas,
also in accordance with the planning process required pursuant to
section 134 of this title", for "projects be selected by the
appropriate local officials and the State highway department in
cooperation with each other".
1970 - Subsecs. (d) to (f). Pub. L. 91-605, Sec. 106(d), added
subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and
(f), respectively.
Subsec. (g). Pub. L. 91-605, Sec. 132, added subsec. (g).
1966 - Subsec. (e). Pub. L. 89-564 added subsec. (e).
1960 - Subsec. (e). Pub. L. 86-624 repealed subsec. (e) which
required the Secretary, in approving programs in Hawaii, to give
preference to such projects as will expedite the completion of
highways for the national defense or which will connect seaports
with units of the national parks.
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
ACCELERATION OF PROJECTS
Section 129 of Pub. L. 97-424 provided that: "The Secretary of
Transportation shall by rule or regulation establish, as soon as
practicable, alternative methods for processing projects under
title 23, United States Code, so as to reduce the time required
from the request for project approval through the completion of
construction. In carrying out this section the Secretary shall
utilize the knowledge and experience resulting from the
demonstration project authorized by and carried out under section
141 of the Federal-Aid Highway Act of 1976 [Pub. L. 94-280, title
I, Sec. 141, May 5, 1976, 90 Stat. 444, set out as a note under
section 124 of this title]."
-End-
-CITE-
23 USC Sec. 106 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 106. Project approval and oversight
-STATUTE-
(a) In General. -
(1) Submission of plans, specifications, and estimates. -
Except as otherwise provided in this section, each State
transportation department shall submit to the Secretary for
approval such plans, specifications, and estimates for each
proposed project as the Secretary may require.
(2) Project agreement. - The Secretary shall act on the plans,
specifications, and estimates as soon as practicable after the
date of their submission and shall enter into a formal project
agreement with the State transportation department formalizing
the conditions of the project approval.
(3) Contractual obligation. - The execution of the project
agreement shall be deemed a contractual obligation of the Federal
Government for the payment of the Federal share of the cost of
the project.
(4) Guidance. - In taking action under this subsection, the
Secretary shall be guided by section 109.
(b) Project Agreement. -
(1) Provision of state funds. - The project agreement shall
make provision for State funds required to pay the State's non-
Federal share of the cost of construction of the project and to
pay for maintenance of the project after completion of
construction.
(2) Representations of state. - If a part of the project is to
be constructed at the expense of, or in cooperation with,
political subdivisions of the State, the Secretary may rely on
representations made by the State transportation department with
respect to the arrangements or agreements made by the State
transportation department and appropriate local officials for
ensuring that the non-Federal contribution will be provided under
paragraph (1).
(c) Assumption by States of Responsibilities of the Secretary. -
(1) Non-interstate nhs projects. - For projects under this
title that are on the National Highway System but not on the
Interstate System, the State may assume the responsibilities of
the Secretary under this title for design, plans, specifications,
estimates, contract awards, and inspections of projects unless
the State or the Secretary determines that such assumption is not
appropriate.
(2) Non-nhs projects. - For projects under this title that are
not on the National Highway System, the State shall assume the
responsibilities of the Secretary under this title for design,
plans, specifications, estimates, contract awards, and inspection
of projects, unless the State determines that such assumption is
not appropriate.
(3) Agreement. - The Secretary and the State shall enter into
an agreement relating to the extent to which the State assumes
the responsibilities of the Secretary under this subsection.
(4) Limitation on authority of secretary. - The Secretary may
not assume any greater responsibility than the Secretary is
permitted under this title on September 30, 1997, except upon
agreement by the Secretary and the State.
(d) Responsibilities of the Secretary. - Nothing in this section,
section 133, or section 149 shall affect or discharge any
responsibility or obligation of the Secretary under -
(1) section 113 or 114; or
(2) any Federal law other than this title (including section
5333 of title 49).
(e) Value Engineering Analysis. -
(1) Definition of value engineering analysis. -
(A) In general. - In this subsection, the term "value
engineering analysis" means a systematic process of review and
analysis of a project, during the concept and design phases, by
a multidisciplined team of persons not involved in the project,
that is conducted to provide recommendations such as those
described in subparagraph (B) for -
(i) providing the needed functions safely, reliably, and at
the lowest overall cost;
(ii) improving the value and quality of the project; and
(iii) reducing the time to complete the project.
(B) Inclusions. - The recommendations referred to in
subparagraph (A) include, with respect to a project -
(i) combining or eliminating otherwise inefficient use of
costly parts of the original proposed design for the project;
and
(ii) completely redesigning the project using different
technologies, materials, or methods so as to accomplish the
original purpose of the project.
(2) Analysis. - The State shall provide a value engineering
analysis or other cost-reduction analysis for -
(A) each project on the Federal-aid system with an estimated
total cost of $25,000,000 or more;
(B) a bridge project with an estimated total cost of
$20,000,000 or more; and
(C) any other project the Secretary determines to be
appropriate.
(3) Major projects. - The Secretary may require more than 1
analysis described in paragraph (2) for a major project described
in subsection (h).
(4) Requirements. - Analyses described in paragraph (1) for a
bridge project shall -
(A) include bridge substructure requirements based on
construction material; and
(B) be evaluated -
(i) on engineering and economic bases, taking into
consideration acceptable designs for bridges; and
(ii) using an analysis of life-cycle costs and duration of
project construction.
(f) Life-Cycle Cost Analysis. -
(1) Use of life-cycle cost analysis. - The Secretary shall
develop recommendations for the States to conduct life-cycle cost
analyses. The recommendations shall be based on the principles
contained in section 2 of Executive Order No. 12893 and shall be
developed in consultation with the American Association of State
Highway and Transportation Officials. The Secretary shall not
require a State to conduct a life-cycle cost analysis for any
project as a result of the recommendations required under this
subsection.
(2) Life-cycle cost analysis defined. - In this subsection, the
term "life-cycle cost analysis" means a process for evaluating
the total economic worth of a usable project segment by analyzing
initial costs and discounted future costs, such as maintenance,
user costs, reconstruction, rehabilitation, restoring, and
resurfacing costs, over the life of the project segment.
(g) Oversight Program. -
(1) Establishment. -
(A) In general. - The Secretary shall establish an oversight
program to monitor the effective and efficient use of funds
authorized to carry out this title.
(B) Minimum requirement. - At a minimum, the program shall be
responsive to all areas relating to financial integrity and
project delivery.
(2) Financial integrity. -
(A) Financial management systems. - The Secretary shall
perform annual reviews that address elements of the State
transportation departments' financial management systems that
affect projects approved under subsection (a).
(B) Project costs. - The Secretary shall develop minimum
standards for estimating project costs and shall periodically
evaluate the practices of States for estimating project costs,
awarding contracts, and reducing project costs.
(3) Project delivery. - The Secretary shall perform annual
reviews that address elements of the project delivery system of a
State, which elements include one or more activities that are
involved in the life cycle of a project from conception to
completion of the project.
(4) Responsibility of the states. -
(A) In general. - The States shall be responsible for
determining that subrecipients of Federal funds under this
title have -
(i) adequate project delivery systems for projects approved
under this section; and
(ii) sufficient accounting controls to properly manage such
Federal funds.
(B) Periodic review. - The Secretary shall periodically
review the monitoring of subrecipients by the States.
(5) Specific oversight responsibilities. -
(A) Effect of section. - Nothing in this section shall affect
or discharge any oversight responsibility of the Secretary
specifically provided for under this title or other Federal
law.
(B) Appalachian development highways. - The Secretary shall
retain full oversight responsibilities for the design and
construction of all Appalachian development highways under
section 14501 of title 40.
(h) Major Projects. -
(1) In general. - Notwithstanding any other provision of this
section, a recipient of Federal financial assistance for a
project under this title with an estimated total cost of
$500,000,000 or more, and recipients for such other projects as
may be identified by the Secretary, shall submit to the Secretary
for each project -
(A) a project management plan; and
(B) an annual financial plan.
(2) Project management plan. - A project management plan shall
document -
(A) the procedures and processes that are in effect to
provide timely information to the project decisionmakers to
effectively manage the scope, costs, schedules, and quality of,
and the Federal requirements applicable to, the project; and
(B) the role of the agency leadership and management team in
the delivery of the project.
(3) Financial plan. - A financial plan shall -
(A) be based on detailed estimates of the cost to complete
the project; and
(B) provide for the annual submission of updates to the
Secretary that are based on reasonable assumptions, as
determined by the Secretary, of future increases in the cost to
complete the project.
(i) Other Projects. - A recipient of Federal financial assistance
for a project under this title with an estimated total cost of
$100,000,000 or more that is not covered by subsection (h) shall
prepare an annual financial plan. Annual financial plans prepared
under this subsection shall be made available to the Secretary for
review upon the request of the Secretary.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 88-157, Sec.
7(a), Oct. 24, 1963, 77 Stat. 278; Pub. L. 91-605, title I, Secs.
106(e), 142, Dec. 31, 1970, 84 Stat. 1717, 1737; Pub. L. 94-280,
title I, Sec. 114, May 5, 1976, 90 Stat. 436; Pub. L. 100-17, title
I, Sec. 133(b)(4), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102-240,
title I, Secs. 1016(b), 1018(a), Dec. 18, 1991, 105 Stat. 1945,
1948; Pub. L. 104-59, title III, Sec. 303, Nov. 28, 1995, 109 Stat.
578; Pub. L. 105-178, title I, Sec. 1305(a)-(c), June 9, 1998, 112
Stat. 227-229; Pub. L. 109-59, title I, Sec. 1904(a), Aug. 10,
2005, 119 Stat. 1465.)
-REFTEXT-
REFERENCES IN TEXT
Executive Order No. 12893, referred to in subsec. (f)(1), is set
out as a note under section 501 of Title 31, Money and Finance.
-MISC1-
AMENDMENTS
2005 - Subsec. (e). Pub. L. 109-59, Sec. 1904(a)(1), added
subsec. (e) and struck out heading and text of former subsec. (e).
Text read as follows: "For such projects as the Secretary
determines advisable, plans, specifications, and estimates for
proposed projects on any Federal-aid highway shall be accompanied
by a value engineering analysis or other cost reduction analysis."
Subsecs. (g) to (i). Pub. L. 109-59, Sec. 1904(a)(2), added
subsecs. (g) to (i) and struck out former subsecs. (g) and (h)
which related to establishment of a value engineering analysis
program for projects with an estimated total cost of $25,000,000 or
more and requirement that recipient of assistance for a project
with an estimated total cost of $1,000,000,000 or more submit an
annual financial plan for the project.
1998 - Pub. L. 105-178, Sec. 1305(a)(1), substituted "Project
approval and oversight" for "Plans, specifications, and estimates"
in section catchline.
Subsecs. (a) to (d). Pub. L. 105-178, Sec. 1305(a)(3), added
subsecs. (a) to (d) and struck out former subsecs. (a) to (d) which
related to requirement for State highway departments to submit to
Secretary for approval plans, specifications, and estimates for
each proposed highway project, special rules relating to
resurfacing, restoring, and rehabilitating projects on National
Highway System, to low-cost National Highway System projects, and
to non-National Highway System projects, limitation on estimates
for construction engineering, and provisions relating to value
engineering or other cost reduction analysis.
Subsec. (e). Pub. L. 105-178, Sec. 1305(a)(3), added subsec. (e).
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 105-178, Sec. 1305(c), added subsec. (f) and
struck out former subsec. (f) which read as follows:
"(f) Life-Cycle Cost Analysis. -
"(1) Establishment. - The Secretary shall establish a program
to require States to conduct an analysis of the life-cycle costs
of each usable project segment on the National Highway System
with a cost of $25,000,000 or more.
"(2) Analysis of the life-cycle costs defined. - In this
subsection, the term 'analysis of the life-cycle costs' means a
process for evaluating the total economic worth of a usable
project segment by analyzing initial costs and discounted future
costs, such as maintenance, reconstruction, rehabilitation,
restoring, and resurfacing costs, over the life of the project
segment."
Pub. L. 105-178, Sec. 1305(a)(2), redesignated subsec. (e) as
(f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 105-178, Sec. 1305(a)(2), redesignated
subsec. (f) as (g).
Subsec. (h). Pub. L. 105-178, Sec. 1305(b), added subsec. (h).
1995 - Subsecs. (e), (f). Pub. L. 104-59 added subsecs. (e) and
(f).
1991 - Subsec. (a). Pub. L. 102-240, Sec. 1016(b)(1), inserted
"this section and" before "section 117".
Subsec. (b). Pub. L. 102-240, Sec. 1016(b)(2), added subsec. (b)
and struck out former subsec. (b) which read as follows: "In
addition to the approval required under subsection (a) of this
section, proposed specifications for projects for construction on
(1) the Federal-aid secondary system, except in States where all
public roads and highways are under the control and supervision of
the State highway department, and (2) the Federal-aid urban system,
shall be determined by the State highway department and the
appropriate local road officials in cooperation with each other."
Subsec. (c). Pub. L. 102-240, Sec. 1018(a), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "Items
included in any such estimate for construction engineering shall
not exceed 15 percent of the total estimated cost of a project
financed with Federal-aid highway funds, after excluding from such
total estimate cost, the estimated costs of rights-of-way,
preliminary engineering, and construction engineering."
1987 - Subsec. (c). Pub. L. 100-17 substituted "15 percent" for
"10 per centum" and struck out at end "However, this limitation
shall be 15 per centum in any State with respect to which the
Secretary finds such higher limitation to be necessary."
1976 - Subsec. (c). Pub. L. 94-280 substituted "Federal-aid
highway funds" for "Federal-aid primary, secondary, or urban funds"
and "such total estimate cost" for "such total estimated cost" and
struck out 10 per centum limitation for any project financed with
interstate funds.
1970 - Subsec. (b). Pub. L. 91-605, Sec. 106(e), inserted
reference to the Federal-aid urban system.
Subsec. (d). Pub. L. 91-605, Sec. 142, added subsec. (d).
1963 - Subsec. (c). Pub. L. 88-157 substituted "a project
financed with Federal-aid primary, secondary, or urban funds" for
"the project" and provided for limitation, on items included in
estimates for construction engineering on projects financed with
Federal-aid primary, secondary, or urban funds, of 15 percent of
total estimated cost of the project where found by the Secretary to
be necessary and for 10-percent limitation on projects financed
with interstate funds.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
STUDY OF VALUE ENGINEERING
Section 1091 of Pub. L. 102-240 provided that:
"(a) Study. - The Secretary shall study the effectiveness and
benefits of value engineering review programs applied to Federal-
aid highway projects. Such study shall include an analysis of and
the results of specialized techniques utilized in all facets of
highway construction for the purpose of reduction of costs and
improvement of the overall quality of Federal-aid highway projects.
"(b) Report. - Not later than 1 year after the date of the
enactment of this Act [Dec. 18, 1991], the Secretary shall report
to Congress on the results of the study under subsection (a),
including recommendations on how value engineering could be
utilized and improved in Federal-aid highway projects."
MODIFICATION OF PROJECT AGREEMENTS TO EFFECTUATE REQUIREMENT OF
FOUR-LANES OF TRAFFIC
Pub. L. 89-574, Sec. 5(b), Sept. 13, 1966, 80 Stat. 767, as
amended by Pub. L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439,
authorized Secretary to modify project agreements entered into
prior to Sept. 13, 1966, pursuant to section 106 of this title for
purpose of effectuating amendment made by this section (amending
section 109(b) of this title to add a requirement of four lanes of
traffic) with respect to as much of National System of Interstate
and Defense Highways [now Dwight D. Eisenhower System of Interstate
and Defense Highways] as may be possible.
-End-
-CITE-
23 USC Sec. 107 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 107. Acquisition of rights-of-way - Interstate System
-STATUTE-
(a) In any case in which the Secretary is requested by a State to
acquire lands or interests in lands (including within the term
"interests in lands", the control of access thereto from adjoining
lands) required by such State for right-of-way or other purposes in
connection with the prosecution of any project for the
construction, reconstruction, or improvement of any section of the
Interstate System, the Secretary is authorized, in the name of the
United States and prior to the approval of title by the Attorney
General, to acquire, enter upon, and take possession of such lands
or interests in lands by purchase, donation, condemnation, or
otherwise in accordance with the laws of the United States
(including sections 3114 to 3116 and 3118 of title 40), if -
(1) the Secretary has determined either that the State is
unable to acquire necessary lands or interests in lands, or is
unable to acquire such lands or interests in lands with
sufficient promptness; and
(2) the State has agreed with the Secretary to pay, at such
time as may be specified by the Secretary an amount equal to 10
per centum of the costs incurred by the Secretary, in acquiring
such lands or interests in lands, or such lesser percentage which
represents the State's pro rata share of project costs as
determined in accordance with subsection (c) (!1) of section 120
of this title.
The authority granted by this section shall also apply to lands
and interests in lands received as grants of land from the United
States and owned or held by railroads or other corporations.
(b) The costs incurred by the Secretary in acquiring any such
lands or interests in lands may include the cost of examination and
abstract of title, certificate of title, advertising, and any fees
incidental to such acquisition. All costs incurred by the Secretary
in connection with the acquisition of any such lands or interests
in lands shall be paid from the funds for construction,
reconstruction, or improvement of the Interstate System apportioned
to the State upon the request of which such lands or interests in
lands are acquired, and any sums paid to the Secretary by such
State as its share of the costs of acquisition of such lands or
interests in lands shall be deposited in the Treasury to the credit
of the appropriation for Federal-aid highways and shall be credited
to the amount apportioned to such State as its apportionment of
funds for construction, reconstruction, or improvement of the
Interstate System, or shall be deducted from other moneys due the
State for reimbursement from funds authorized to be appropriated
under section 108(b) of the Federal-Aid Highway Act of 1956.
(c) The Secretary is further authorized and directed by proper
deed, executed in the name of the United States, to convey any such
lands or interests in lands acquired in any State under the
provisions of this section, except the outside five feet of any
such right-of-way in any State which does not provide control of
access, to the State transportation department of such State or
such political subdivision thereof as its laws may provide, upon
such terms and conditions as to such lands or interests in lands as
may be agreed upon by the Secretary and the State transportation
department or political subdivisions to which the conveyance is to
be made. Whenever the State makes provision for control of access
satisfactory to the Secretary, the outside five feet then shall be
conveyed to the State by the Secretary, as herein provided.
(d) Whenever rights-of-way, including control of access, on the
Interstate System are required over lands or interests in lands
owned by the United States, the Secretary may make such
arrangements with the agency having jurisdiction over such lands as
may be necessary to give the State or other person constructing the
projects on such lands adequate rights-of-way and control of access
thereto from adjoining lands, and any such agency is directed to
cooperate with the Secretary in this connection.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 105-178,
title I, Sec. 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub.
L. 109-284, Sec. 3(1), Sept. 27, 2006, 120 Stat. 1211.)
-REFTEXT-
REFERENCES IN TEXT
Subsection (c) of section 120 of this title, referred to in
subsec. (a)(2), was struck out and a new subsec. (c) was added by
Pub. L. 102-240, title I, Sec. 1021(a), Dec. 18, 1991, 105 Stat.
1950.
The Federal-Aid Highway Act of 1956, referred to in subsec. (b),
is act June 29, 1956, ch. 462, 70 Stat. 374. For complete
classification of this Act to the Code, see Tables. Section 108(b)
of the Federal-Aid Highway Act of 1956 is set out as a note under
section 101 of this title.
-MISC1-
AMENDMENTS
2006 - Subsec. (a). Pub. L. 109-284 substituted "sections 3114 to
3116 and 3118 of title 40" for "the Act of February 26, 1931, 46
Stat. 1421".
1998 - Subsec. (c). Pub. L. 105-178 substituted "State
transportation department" for "State highway department" in two
places.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
23 USC Sec. 108 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 108. Advance acquisition of real property
-STATUTE-
(a) In General. -
(1) Availability of funds. - For the purpose of facilitating
the timely and economical acquisition of real property for a
transportation improvement eligible for funding under this title,
the Secretary, upon the request of a State, may make available,
for the acquisition of real property, such funds apportioned to
the State as may be expended on the transportation improvement,
under such rules and regulations as the Secretary may issue.
(2) Construction. - The agreement between the Secretary and the
State for the reimbursement of the cost of the real property
shall provide for the actual construction of the transportation
improvement within a period not to exceed 20 years following the
fiscal year for which the request is made, unless the Secretary
determines that a longer period is reasonable.
(b) Federal participation in the cost of rights-of-way acquired
under subsection (a) of this section shall not exceed the Federal
pro rata share applicable to the class of funds from which Federal
reimbursement is made.
(c) Early Acquisition of Rights-of-Way. -
(1) General rule. - Subject to paragraph (2), funds apportioned
to a State under this title may be used to participate in the
payment of -
(A) costs incurred by the State for acquisition of rights-of-
way, acquired in advance of any Federal approval or
authorization, if the rights-of-way are subsequently
incorporated into a project eligible for surface transportation
program funds; and
(B) costs incurred by the State for the acquisition of land
necessary to preserve environmental and scenic values.
(2) Terms and conditions. - The Federal share payable of the
costs described in paragraph (1) shall be eligible for
reimbursement out of funds apportioned to a State under this
title when the rights-of-way acquired are incorporated into a
project eligible for surface transportation program funds, if the
State demonstrates to the Secretary and the Secretary finds that -
(A) any land acquired, and relocation assistance provided,
complied with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970;
(B) the requirements of title VI of the Civil Rights Act of
1964 have been complied with;
(C) the State has a mandatory comprehensive and coordinated
land use, environment, and transportation planning process
under State law and the acquisition is certified by the
Governor as consistent with the State plans before the
acquisition;
(D) the acquisition is determined in advance by the Governor
to be consistent with the State transportation planning process
pursuant to section 135 of this title;
(E) the alternative for which the right-of-way is acquired is
selected by the State pursuant to regulations to be issued by
the Secretary which provide for the consideration of the
environmental impacts of various alternatives;
(F) before the time that the cost incurred by a State is
approved for Federal participation, environmental compliance
pursuant to the National Environmental Policy Act has been
completed for the project for which the right-of-way was
acquired by the State, and the acquisition has been approved by
the Secretary under this Act,(!1) and in compliance with
section 303 of title 49, section 7 of the Endangered Species
Act, and all other applicable environmental laws shall be
identified by the Secretary in regulations; and
(G) before the time that the cost incurred by a State is
approved for Federal participation, both the Secretary and the
Administrator of the Environmental Protection Agency have
concurred that the property acquired in advance of Federal
approval or authorization did not influence the environmental
assessment of the project, the decision relative to the need to
construct the project, or the selection of the project design
or location.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 893; Pub. L. 86-35, Sec.
1, May 29, 1959, 73 Stat. 62; Pub. L. 90-495, Sec. 7(a), (b), Aug.
23, 1968, 82 Stat. 818; Pub. L. 93-87, title I, Sec. 113, Aug. 13,
1973, 87 Stat. 257; Pub. L. 94-280, title I, Sec. 115, May 5, 1976,
90 Stat. 436; Pub. L. 102-240, title I, Sec. 1017(a), (b), Dec. 18,
1991, 105 Stat. 1947; Pub. L. 102-388, title III, Sec. 346, Oct. 6,
1992, 106 Stat. 1553; Pub. L. 103-429, Sec. 3(2), Oct. 31, 1994,
108 Stat. 4377; Pub. L. 105-178, title I, Secs. 1211(e)(1),
1301(a), June 9, 1998, 112 Stat. 188, 225.)
-REFTEXT-
REFERENCES IN TEXT
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, referred to in subsec. (c)(2)(A), is act Jan.
2, 1971, Pub. L. 91-646, 84 Stat. 1894, as amended, and which is
classified principally to chapter 61 (Sec. 4601 et seq.) of Title
42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section
4601 of Title 42 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (c)(2)(B),
is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI
of the Act is classified generally to subchapter V (Sec. 2000d et
seq.) of chapter 21 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title
note set out under section 2000a of Title 42 and Tables.
The National Environmental Policy Act, referred to in subsec.
(c)(2)(F), probably means the National Environmental Policy Act of
1969, Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which
is classified generally to chapter 55 (Sec. 4321 et seq.) of Title
42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section
4321 of Title 42 and Tables.
This Act, referred to in subsec. (c)(2)(F), probably means Pub.
L. 102-240, Dec. 18, 1991, 105 Stat. 1914, known as the Intermodal
Surface Transportation Efficiency Act of 1991. For complete
classification of this Act to the Code, see Short Title of 1991
Amendment note set out under section 101 of Title 49,
Transportation, and Tables.
Section 7 of the Endangered Species Act, referred to in subsec.
(c)(2)(F), probably means section 7 of the Endangered Species Act
of 1973, which is classified to section 1536 of Title 16,
Conservation.
-MISC1-
AMENDMENTS
1998 - Pub. L. 105-178, Sec. 1301(a), substituted "Advance
acquisition of real property" for "Advance acquisition of rights-of-
way" in section catchline.
Subsec. (a). Pub. L. 105-178, Sec. 1301(a), added subsec. (a) and
struck out former subsec. (a) which read as follows: "For the
purpose of facilitating the acquisition of rights-of-way on any
Federal-aid highway in the most expeditious and economical manner,
and recognizing that the acquisition of rights-of-way requires
lengthy planning and negotiations if it is to be done at a
reasonable cost, the Secretary, upon the request of the State
highway department, is authorized to make available the funds
apportioned to any State which may be expended on such highway for
acquisition of rights-of-way, in anticipation of construction and
under such rules and regulations as the Secretary may prescribe.
The agreement between the Secretary and the State highway
department for the reimbursement of the cost of such rights-of-way
shall provide for the actual construction of a road on such rights-
of-way within a period not exceeding 20 years following the fiscal
year in which such request is made unless a longer period is
determined to be reasonable by the Secretary."
Subsecs. (c), (d). Pub. L. 105-178, Sec. 1211(e)(1), redesignated
subsec. (d) as (c) and struck out former subsec. (c) which related
to establishment and administration of right-of-way revolving fund.
1994 - Subsec. (d)(2)(F). Pub. L. 103-429 substituted "section
303 of title 49" for "section 4(f) of the Department of
Transportation Act".
1992 - Subsec. (a). Pub. L. 102-388, Sec. 346(1), (2),
substituted "Federal-aid highway" for "of the Federal-aid highway
systems, including the Interstate System," and "which may be
expended on such highway" for "for expenditure on any of the
Federal-aid highway systems, including the Interstate System,".
Subsec. (c)(2). Pub. L. 102-388, Sec. 346(3), inserted "and
passenger transit facilities".
Subsec. (c)(3). Pub. L. 102-388, Sec. 346(5), which directed the
substitution of "of the type funded" for "on the federal-aid system
of which such project is to be part," was executed by making the
substitution for "on the Federal-aid system of which such project
is to be a part," to reflect the probable intent of Congress.
Pub. L. 102-388, Sec. 346(4), substituted "project" for "highway"
after "construction of a" in first and second sentences.
1991 - Subsecs. (a), (c)(3). Pub. L. 102-240, Sec. 1017(a),
substituted "20" for "ten".
Subsec. (d). Pub. L. 102-240, Sec. 1017(b), added subsec. (d).
1976 - Subsec. (a). Pub. L. 94-280, Sec. 115(b), inserted "unless
a longer period is determined to be reasonable by the Secretary"
after "request is made" in last sentence.
Subsec. (c)(2). Pub. L. 94-280, Sec. 115(a), struck out "made
pursuant to section 133 or chapter 5 of this title" after
"relocation payments" in last sentence.
Subsec. (c)(3). Pub. L. 94-280, Sec. 115(c), inserted "or later"
after "earlier" in first sentence.
1973 - Subsec. (a). Pub. L. 93-87, Sec. 113(a), substituted "ten"
for "seven" years in last sentence.
Subsec. (c)(3). Pub. L. 93-87, Sec. 113(b), substituted "ten" for
"seven" years in first sentence.
1968 - Subsec. (b). Pub. L. 90-495, Sec. 7(a), substituted
"subsection (a) of this section" for "this section".
Subsec. (c). Pub. L. 90-495, Sec. 7(b), added subsec. (c).
1959 - Subsec. (a). Pub. L. 86-35 increased from five to seven
years the period in which actual construction shall commence on
rights-of-way acquired in anticipation of such construction.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
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.
TRANSITION PROVISIONS
Pub. L. 105-178, title I, Sec. 1211(e)(2), June 9, 1998, 112
Stat. 188, provided that:
"(A) In general. - Funds advanced to a State by the Secretary
from the right-of-way revolving fund established by section 108(c)
of title 23, United States Code, prior to the date of enactment of
this Act [June 9, 1998] shall remain available to the State for use
on the projects for which the funds were advanced for a period of
20 years from the date on which the funds were advanced.
"(B) Credit to highway trust fund. - With respect to a project
for which funds have been advanced from the right-of-way revolving
fund, upon the termination of the 20-year period referred to in
subparagraph (A), when actual construction is commenced, or upon
approval by the Secretary of the plans, specifications, and
estimates for the actual construction of the project on the right-
of-way, whichever occurs first -
"(i) the Highway Trust Fund (other than the Mass Transit
Account) shall be credited with an amount equal to the Federal
share of the funds advanced, as provided in section 120 of title
23, United States Code, out of any Federal-aid highway funds
apportioned to the State in which the project is located and
available for obligation for projects of the type funded; and
"(ii) the State shall reimburse the Secretary in an amount
equal to the non-Federal share of the funds advanced for deposit
in, and credit to, the Highway Trust Fund (other than the Mass
Transit Account)."
PRESERVATION OF TRANSPORTATION CORRIDORS REPORT
Section 1017(c) of Pub. L. 102-240 provided that: "The Secretary,
in consultation with the States, shall report to Congress within 2
years after the date of the enactment of this Act [Dec. 18, 1991],
a national list of the rights-of-way identified by the metropolitan
planning organizations and the States (under sections 134 and 135
of title 23, United States Code), including the total mileage
involved, an estimate of the total costs, and a strategy for
preventing further loss of rights-of-way including the desirability
of creating a transportation right-of-way land bank to preserve
vital corridors."
AUTHORIZATION OF APPROPRIATIONS TO RIGHT-OF-WAY REVOLVING FUND;
APPORTIONMENT; REVERSION OF AMOUNTS NOT ADVANCED OR OBLIGATED
Section 7(c)-(e) of Pub. L. 90-495 provided that $100,000,000 for
the fiscal year ending June 30, 1970, $100,000,000 for the fiscal
year ending June 30, 1971, and $100,000,000 for the fiscal year
ending June 30, 1972, be transferred from the highway trust fund to
the right-of-way revolving fund established by subsec. (c) of this
section, authorized the Secretary to apportion these funds and
required that funds apportioned to a State remain available for
obligation for advances until Oct. 1 of the fiscal year in which
the apportionment was made and any funds not advanced or obligated
by such date revert to the right-of-way revolving fund for
distribution to other States.
STUDY OF ADVANCE ACQUISITION OF RIGHTS-OF-WAY
Pub. L. 89-574, Sec. 10, Sept. 13, 1966, 80 Stat. 769, as amended
by Pub. L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439,
directed the Secretary to make a full and complete investigation
and study of the advance acquisition of rights-of-way for future
construction of highways on the Federal-aid highway systems, with
particular reference to the provision of adequate time for the
removal and disposal of improvements located on rights-of-way and
the relocation of affected individuals, businesses, institutions,
and organizations, the tax status of such property after
acquisition and before its use for highway purposes, and the
methods for financing advance right-of-way acquisition by both the
State governments and the Federal Government, including the
possible creation of revolving funds for such purpose. The
Secretary was required to submit a report of results of such study
to Congress not later than July 1, 1967, together with his
recommendations.
INCREASED LIMITATION PERIOD APPLICABLE TO CERTAIN CONTRACTS
Section 2 of Pub. L. 86-35 provided that agreements entered into
before May 29, 1959 by the Secretary of Commerce and a State
highway department under authority of section 110(a) of the Federal-
Aid Highway Act of 1956, or section 108(a) of title 23 of the
United States Code shall be deemed to provide for actual
construction of a road on such rights-of-way within a period of
seven years following the fiscal year in which such request was
made.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
23 USC Sec. 109 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 109. Standards
-STATUTE-
(a) In General. - The Secretary shall ensure that the plans and
specifications for each proposed highway project under this chapter
provide for a facility that will -
(1) adequately serve the existing and planned future traffic of
the highway in a manner that is conducive to safety, durability,
and economy of maintenance; and
(2) be designed and constructed in accordance with criteria
best suited to accomplish the objectives described in paragraph
(1) and to conform to the particular needs of each locality.
(b) The geometric and construction standards to be adopted for
the Interstate System shall be those approved by the Secretary in
cooperation with the State transportation departments. Such
standards, as applied to each actual construction project, shall be
adequate to enable such project to accommodate the types and
volumes of traffic anticipated for such project for the twenty-year
period commencing on the date of approval by the Secretary, under
section 106 of this title, of the plans, specifications, and
estimates for actual construction of such project. Such standards
shall in all cases provide for at least four lanes of traffic. The
right-of-way width of the Interstate System shall be adequate to
permit construction of projects on the Interstate System to such
standards. The Secretary shall apply such standards uniformly
throughout all the States.
(c) Design Criteria for National Highway System. -
(1) In general. - A design for new construction,
reconstruction, resurfacing (except for maintenance resurfacing),
restoration, or rehabilitation of a highway on the National
Highway System (other than a highway also on the Interstate
System) may take into account, in addition to the criteria
described in subsection (a) -
(A) the constructed and natural environment of the area;
(B) the environmental, scenic, aesthetic, historic,
community, and preservation impacts of the activity; and
(C) access for other modes of transportation.
(2) Development of criteria. - The Secretary, in cooperation
with State transportation departments, may develop criteria to
implement paragraph (1). In developing criteria under this
paragraph, the Secretary shall consider -
(A) the results of the committee process of the American
Association of State Highway and Transportation Officials as
used in adopting and publishing "A Policy on Geometric Design
of Highways and Streets", including comments submitted by
interested parties as part of such process;
(B) the publication entitled "Flexibility in Highway Design"
of the Federal Highway Administration;
(C) "Eight Characteristics of Process to Yield Excellence and
the Seven Qualities of Excellence in Transportation Design"
developed by the conference held during 1998 entitled "Thinking
Beyond the Pavement National Workshop on Integrating Highway
Development with Communities and the Environment while
Maintaining Safety and Performance"; and
(D) any other material that the Secretary determines to be
appropriate.
(d) On any highway project in which Federal funds hereafter
participate, or on any such project constructed since December 20,
1944, the location, form and character of informational, regulatory
and warning signs, curb and pavement or other markings, and traffic
signals installed or placed by any public authority or other
agency, shall be subject to the approval of the State
transportation department with the concurrence of the Secretary,
who is directed to concur only in such installations as will
promote the safe and efficient utilization of the highways.
(e) Installation of Safety Devices. -
(1) Highway and railroad grade crossings and drawbridges. - No
funds shall be approved for expenditure on any Federal-aid
highway, or highway affected under chapter 2 of this title,
unless proper safety protective devices complying with safety
standards determined by the Secretary at that time as being
adequate shall be installed or be in operation at any highway and
railroad grade crossing or drawbridge on that portion of the
highway with respect to which such expenditures are to be made.
(2) Temporary traffic control devices. - No funds shall be
approved for expenditure on any Federal-aid highway, or highway
affected under chapter 2, unless proper temporary traffic control
devices to improve safety in work zones will be installed and
maintained during construction, utility, and maintenance
operations on that portion of the highway with respect to which
such expenditures are to be made. Installation and maintenance of
the devices shall be in accordance with the Manual on Uniform
Traffic Control Devices.
(f) The Secretary shall not, as a condition precedent to his
approval under section 106 of this title, require any State to
acquire title to, or control of, any marginal land along the
proposed highway in addition to that reasonably necessary for road
surfaces, median strips, bikeways, gutters, ditches, and side
slopes, and of sufficient width to provide service roads for
adjacent property to permit safe access at controlled locations in
order to expedite traffic, promote safety, and minimize roadside
parking.
(g) Not later than January 30, 1971, the Secretary shall issue
guidelines for minimizing possible soil erosion from highway
construction. Such guidelines shall apply to all proposed projects
with respect to which plans, specifications, and estimates are
approved by the Secretary after the issuance of such guidelines.
(h) Not later than July 1, 1972, the Secretary, after
consultation with appropriate Federal and State officials, shall
submit to Congress, and not later than 90 days after such
submission, promulgate guidelines designed to assure that possible
adverse economic, social, and environmental effects relating to any
proposed project on any Federal-aid system have been fully
considered in developing such project, and that the final decisions
on the project are made in the best overall public interest, taking
into consideration the need for fast, safe and efficient
transportation, public services, and the costs of eliminating or
minimizing such adverse effects and the following:
(1) air, noise, and water pollution;
(2) destruction or disruption of man-made and natural
resources, aesthetic values, community cohesion and the
availability of public facilities and services;
(3) adverse employment effects, and tax and property value
losses;
(4) injurious displacement of people, businesses and farms; and
(5) disruption of desirable community and regional growth.
Such guidelines shall apply to all proposed projects with respect
to which plans, specifications, and estimates are approved by the
Secretary after the issuance of such guidelines.
(i) The Secretary, after consultation with appropriate Federal,
State, and local officials, shall develop and promulgate standards
for highway noise levels compatible with different land uses and
after July 1, 1972, shall not approve plans and specifications for
any proposed project on any Federal-aid system for which location
approval has not yet been secured unless he determines that such
plans and specifications include adequate measures to implement the
appropriate noise level standards. The Secretary, after
consultation with the Administrator of the Environmental Protection
Agency and appropriate Federal, State, and local officials, may
promulgate standards for the control of highway noise levels for
highways on any Federal-aid system for which project approval has
been secured prior to July 1, 1972. The Secretary may approve any
project on a Federal-aid system to which noise-level standards are
made applicable under the preceding sentence for the purpose of
carrying out such standards. Such project may include, but is not
limited to, the acquisition of additional rights-of-way, the
construction of physical barriers, and landscaping. Sums
apportioned for the Federal-aid system on which such project will
be located shall be available to finance the Federal share of such
project. Such project shall be deemed a highway project for all
purposes of this title.
(j) The Secretary, after consultation with the Administrator of
the Environmental Protection Agency, shall develop and promulgate
guidelines to assure that highways constructed pursuant to this
title are consistent with any approved plan for -
(1) the implementation of a national ambient air quality
standard for each pollutant for which an area is designated as a
nonattainment area under section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or
(2) the maintenance of a national ambient air quality standard
in an area that was designated as a nonattainment area but that
was later redesignated by the Administrator as an attainment area
for the standard and that is required to develop a maintenance
plan under section 175A of the Clean Air Act (42 U.S.C. 7505a).
(k) The Secretary shall not approve any project involving
approaches to a bridge under this title, if such project and bridge
will significantly affect the traffic volume and the highway system
of a contiguous State without first taking into full consideration
the views of that State.
(l)(1) In determining whether any right-of-way on any Federal-aid
highway should be used for accommodating any utility facility, the
Secretary shall -
(A) first ascertain the effect such use will have on highway
and traffic safety, since in no case shall any use be authorized
or otherwise permitted, under this or any other provision of law,
which would adversely affect safety;
(B) evaluate the direct and indirect environmental and economic
effects of any loss of productive agricultural land or any
impairment of the productivity of any agricultural land which
would result from the disapproval of the use of such right-of-way
for the accommodation of such utility facility; and
(C) consider such environmental and economic effects together
with any interference with or impairment of the use of the
highway in such right-of-way which would result from the use of
such right-of-way for the accommodation of such utility facility.
(2) For the purpose of this subsection -
(A) the term "utility facility" means any privately, publicly,
or cooperatively owned line, facility, or system for producing,
transmitting, or distributing communications, power, electricity,
light, heat, gas, oil, crude products, water, steam, waste, storm
water not connected with highway drainage, or any other similar
commodity, including any fire or police signal system or street
lighting system, which directly or indirectly serves the public;
and
(B) the term "right-of-way" means any real property, or
interest therein, acquired, dedicated, or reserved for the
construction, operation, and maintenance of a highway.
(m) Protection of Nonmotorized Transportation Traffic. - The
Secretary shall not approve any project or take any regulatory
action under this title that will result in the severance of an
existing major route or have significant adverse impact on the
safety for nonmotorized transportation traffic and light
motorcycles, unless such project or regulatory action provides for
a reasonable alternate route or such a route exists.
(n) It is the intent of Congress that any project for
resurfacing, restoring, or rehabilitating any highway, other than a
highway access to which is fully controlled, in which Federal funds
participate shall be constructed in accordance with standards to
preserve and extend the service life of highways and enhance
highway safety.
(o) Compliance With State Laws for Non-NHS Projects. - Projects
(other than highway projects on the National Highway System) shall
be designed, constructed, operated, and maintained in accordance
with State laws, regulations, directives, safety standards, design
standards, and construction standards.
(p) Scenic and Historic Values. - Notwithstanding subsections (b)
and (c), the Secretary may approve a project for the National
Highway System if the project is designed to -
(1) allow for the preservation of environmental, scenic, or
historic values;
(2) ensure safe use of the facility; and
(3) comply with subsection (a).
(q) Phase Construction. - Safety considerations for a project
under this title may be met by phase construction consistent with
the operative safety management system established in accordance
with section 303 or in accordance with a statewide transportation
improvement program approved by the Secretary.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 894; Pub. L. 88-157, Sec.
4, Oct. 24, 1963, 77 Stat. 277; Pub. L. 89-574, Secs. 5(a), 14,
Sept. 13, 1966, 80 Stat. 767, 771; Pub. L. 91-605, title I, Sec.
136(a), (b), Dec. 31, 1970, 84 Stat. 1734; Pub. L. 93-87, title I,
Secs. 114, 152(2), 156, Aug. 13, 1973, 87 Stat. 257, 276, 277; Pub.
L. 95-599, title I, Secs. 113, 116(d), 141(f), (g), Nov. 6, 1978,
92 Stat. 2696, 2699, 2711; Pub. L. 96-106, Sec. 3, Nov. 9, 1979, 93
Stat. 797; Pub. L. 97-424, title I, Sec. 110(a), Jan. 6, 1983, 96
Stat. 2105; Pub. L. 102-240, title I, Sec. 1016(c)-(f)(1), Dec. 18,
1991, 105 Stat. 1946; Pub. L. 104-59, title III, Secs. 304, 305(a),
Nov. 28, 1995, 109 Stat. 579, 580; Pub. L. 105-178, title I, Secs.
1202(c), 1212(a)(2)(A), 1306, June 9, 1998, 112 Stat. 169, 193,
229; Pub. L. 109-59, title I, Sec. 1110(a), (c), title VI, Sec.
6008, Aug. 10, 2005, 119 Stat. 1170, 1171, 1874.)
-MISC1-
AMENDMENTS
2005 - Subsec. (c)(2). Pub. L. 109-59, Sec. 6008, inserted dash
after "Secretary shall consider" and subpar. (A) designation before
"the results", substituted semicolon for period, and added subpars.
(B) to (D).
Subsec. (e). Pub. L. 109-59, Sec. 1110(a), inserted subsec.
heading, designated existing provisions as par. (1), inserted par.
heading, and added par. (2).
Subsec. (g). Pub. L. 109-59, Sec. 1110(c), substituted "Not later
than January 30, 1971, the Secretary shall issue" for "The
Secretary shall issue within 30 days after the day of enactment of
the Federal-Aid Highway Act of 1970".
1998 - Subsecs. (b), (c)(2). Pub. L. 105-178, Sec.
1212(a)(2)(A)(ii), substituted "State transportation departments"
for "State highway departments".
Subsec. (d). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
"State transportation department" for "State highway department".
Subsec. (m). Pub. L. 105-178, Sec. 1306(a), redesignated subsec.
(n) as (m) and struck out former subsec. (m) which read as follows:
"The Secretary shall issue guidelines describing the criteria
applicable to the Interstate System in order to insure that the
condition of these routes is maintained at the level required by
the purposes for which they were designed. The initial guidelines
shall be issued no later than October 1, 1979."
Subsec. (n). Pub. L. 105-178, Sec. 1306(a)(2), redesignated
subsec. (o) as (n). Former subsec. (n) redesignated (m).
Pub. L. 105-178, Sec. 1202(c), inserted heading and amended text
of subsec. (n) generally. Prior to amendment, text read as follows:
"The Secretary shall not approve any project under this title that
will result in the severance or destruction of an existing major
route for nonmotorized transportation traffic and light
motorcycles, unless such project provides a reasonably alternate
route or such a route exists."
Subsecs. (o) to (q). Pub. L. 105-178, Sec. 1306(a)(2), (b), added
subsec. (q) and redesignated former subsecs. (p) and (q) as (o) and
(p), respectively. Former subsec. (o) redesignated (n).
1995 - Subsec. (a). Pub. L. 104-59, Sec. 304(1), added subsec.
(a) and struck out former subsec. (a) which read as follows: "The
Secretary shall not approve plans and specifications for proposed
highway projects under this chapter if they fail to provide for a
facility (1) that will adequately meet the existing and probable
future traffic needs and conditions in a manner conducive to
safety, durability, and economy of maintenance; (2) that will be
designed and constructed in accordance with standards best suited
to accomplish the foregoing objectives and to conform to the
particular needs of each locality."
Subsec. (c). Pub. L. 104-59, Sec. 304(2), added subsec. (c) and
struck out former subsec. (c) which read as follows:
"(c) Design and Construction Standards for NHS. - Design and
construction standards to be adopted for new construction on the
National Highway System, for reconstruction on the National Highway
System, and for resurfacing, restoring, and rehabilitating
multilane limited access highways on the National Highway System
shall be those approved by the Secretary in cooperation with the
State highway departments. All eligible work for such projects
shall meet or exceed such standards."
Subsec. (j). Pub. L. 104-59, Sec. 305(a), substituted "plan for -
" and pars. (1) and (2) for "plan for the implementation of any
ambient air quality standard for any air quality control region
designated pursuant to the Clean Air Act, as amended."
Subsec. (q). Pub. L. 104-59, Sec. 304(3), added subsec. (q) and
struck out former subsec. (q) which read as follows:
"(q) Historic and Scenic Values. - If a proposed project under
sections 103(e)(4), 133, or 144 involves a historic facility or is
located in an area of historic or scenic value, the Secretary may
approve such project notwithstanding the requirements of
subsections (a) and (b) of this section and section 133(c) if such
project is designed to standards that allow for the preservation of
such historic or scenic value and such project is designed with
mitigation measures to allow preservation of such value and ensure
safe use of the facility."
1991 - Subsec. (a). Pub. L. 102-240, Sec. 1016(f)(1)(A),
substituted "highway projects under this chapter" for "projects on
any Federal-aid system".
Subsec. (c). Pub. L. 102-240, Sec. 1016(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows:
"Projects on the Federal-aid secondary system in which Federal
funds participate shall be constructed according to specifications
that will provide all-weather service and permit maintenance at a
reasonable cost."
Subsec. (l)(1). Pub. L. 102-240, Sec. 1016(f)(1)(B), substituted
"highway" for "system" in introductory provisions.
Subsecs. (p), (q). Pub. L. 102-240, Sec. 1016(d), (e), added
subsecs. (p) and (q).
1983 - Subsec. (o). Pub. L. 97-424 added subsec. (o).
1979 - Subsec. (l)(1)(A). Pub. L. 96-106 struck out "any aspect
of" after "adversely affect".
1978 - Subsec. (f). Pub. L. 95-599, Sec. 141(f), inserted
"bikeways" after "surfaces, median strips,".
Subsec. (l). Pub. L. 95-599, Sec. 113, added subsec. (l).
Subsec. (m). Pub. L. 95-599, Sec. 116(d), added subsec. (m).
Subsec. (n). Pub. L. 95-599, Sec. 141(g), added subsec. (n).
1973 - Subsec. (g). Pub. L. 93-87, Sec. 152(2), substituted "Act"
for "Rct", thus correcting the popular name to read "Federal-Aid
Highway Act of 1970".
Subsec. (i). Pub. L. 93-87, Sec. 114, authorized promulgation of
noise-level standards for highways on any Federal-aid system for
which project approval has been secured prior to July 1, 1972, and
approval of any project on a Federal-aid system to which noise-
level standards are made applicable, described the range of the
projects, made money available for financing Federal share of the
project, and deemed such project a highway project for all purposes
of this title.
Subsec. (k). Pub. L. 93-87, Sec. 156, added subsec. (k).
1970 - Subsec. (g). Pub. L. 91-605, Sec. 136(a), substituted
provisions ordering the Secretary to issue within 30 days after
Dec. 31, 1970, guidelines, which will apply to all proposed
projects approved by the Secretary after their issuance, for
minimizing soil erosion from highway construction for provisions
authorizing the Secretary to consult with the Secretary of
Agriculture respecting guidelines for minimizing soil erosion from
highway construction and report such guidelines to Congress not
later than July 1, 1967.
Subsecs. (h) to (j). Pub. L. 91-605, Sec. 136(b), added subsecs.
(h) to (j).
1966 - Subsec. (b). Pub. L. 89-574, Sec. 5(a), required that in
all cases the standards provide for at least four lanes of traffic.
Subsec. (g). Pub. L. 89-574, Sec. 14, added subsec. (g).
1963 - Subsec. (b). Pub. L. 88-157 substituted "Such standards,
as applied to each actual construction project, shall be adequate
to enable such project to accommodate the types and volumes of
traffic anticipated for such project for the twenty-year period
commencing on the date of approval by the Secretary, under section
106 of this title, of the plans, specifications, and estimates for
actual construction of such project" for "Such standards shall be
adequate to accommodate the types and volumes of traffic forecast
for the year 1975", struck out "up" before "to such standards" and
inserted "all" in phrase "throughout all the States".
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
HIGHWAY SIGNS RELATING TO VETERANS CEMETERIES
Pub. L. 108-29, Sec. 3, May 29, 2003, 117 Stat. 772, provided
that:
"(a) In General. - Notwithstanding the terms of any agreement
entered into by the Secretary of Transportation and a State under
section 109(d) or 402(a) of title 23, United States Code, a
veterans cemetery shall be treated as a site for which a
supplemental guide sign may be placed on any Federal-aid highway.
"(b) Applicability. - Subsection (a) shall apply to an agreement
entered into before, on, or after the date of the enactment of this
Act [May 29, 2003]."
INTERNATIONAL ROUGHNESS INDEX
Pub. L. 105-178, title I, Sec. 1213(b), June 9, 1998, 112 Stat.
200, provided that:
"(1) Study. - The Comptroller General of the United States shall
conduct a study on the international roughness index that is used
as an indicator of pavement quality on the Federal-aid highway
system.
"(2) Required elements. - The study shall specify the extent of
usage of the index and the extent to which the international
roughness index measurement is reliable across different
manufacturers and types of pavement.
"(3) Report to congress. - Not later than 2 years after the date
of enactment of this Act [June 9, 1998], the Comptroller General
shall submit to Congress a report on the results of the study."
ENVIRONMENTAL STREAMLINING
Pub. L. 105-178, title I, Sec. 1309, June 9, 1998, 112 Stat. 232,
as amended by Pub. L. 105-206, title IX, Sec. 9004(c), July 22,
1998, 112 Stat. 843, which directed the Secretary of Transportation
to develop and implement a coordinated environmental review process
for highway construction and mass transit projects, was repealed by
Pub. L. 109-59, title VI, Sec. 6002(d), Aug. 10, 2005, 119 Stat.
1865.
ROADSIDE SAFETY TECHNOLOGIES
Pub. L. 105-178, title I, Sec. 1402, June 9, 1998, 112 Stat. 236,
as amended by Pub. L. 105-206, title IX, Sec. 9005(c), July 22,
1998, 112 Stat. 848, provided that:
"(a) Crash Cushions. -
"(1) Guidance. - Not later than 18 months after the date of
enactment of this Act [June 9, 1998], the Secretary shall issue
guidance regarding the benefits and safety performance of
redirective and nonredirective crash cushions in different road
applications, taking into consideration roadway conditions,
operating speed limits, the location of the crash cushion in the
right-of-way, and any other relevant factors. The guidance shall
include recommendations on the most appropriate circumstances for
utilization of redirective and nonredirective crash cushions.
"(2) Use of guidance. - States shall use the guidance issued
under this subsection in evaluating the safety and cost-
effectiveness of utilizing different crash cushion designs and
determining whether redirective or nonredirective crash cushions
or other safety appurtenances should be installed at specific
highway locations.
"(b) Traffic Flow and Safety Applications of Road Barriers. -
"(1) Study. - The Secretary shall conduct a study on the
technologies and methods to enhance safety, streamline
construction, and improve capacity by providing positive
separation at all times between traffic, equipment, and workers
on highway construction projects. The study shall also address
how such technologies can be used to improve capacity and safety
at those specific highway, bridge, and other appropriate
locations where reversible lane, contraflow, and high occupancy
vehicle lane operations are implemented during peak traffic
periods.
"(2) Uses to consider. - In conducting the study, the Secretary
shall consider, at a minimum, uses of positive separation
technologies related to -
"(A) separating workers from traffic flow when work is in
progress;
"(B) providing additional safe work space by utilizing
adjacent and available traffic lanes during off-peak hours;
"(C) rapid deployment to allow for daily or periodic
restoration of lanes for use by traffic during peak hours as
needed;
"(D) mitigating congestion caused by construction by -
"(i) opening all adjacent and available lanes to traffic
during peak traffic hours; or
"(ii) using reversible lanes to optimize capacity of the
highway by adjusting to directional traffic flow; and
"(E) permanent use of positive separation technologies to
create contraflow or reversible lanes to increase the capacity
of congested highways, bridges, and tunnels.
"(3) Report. - Not later than 18 months after the date of
enactment of this Act [June 9, 1998], the Secretary shall submit
to Congress a report on the results of the study. The report
shall include findings and recommendations for the use of the
technologies referred to in paragraph (2) to provide positive
separation on appropriate projects."
METRIC REQUIREMENTS
Pub. L. 104-59, title II, Sec. 205(c), Nov. 28, 1995, 109 Stat.
577, as amended by Pub. L. 105-178, title I, Sec. 1211(d), June 9,
1998, 112 Stat. 188, provided that:
"(1) Placement and modification of signs. - The Secretary shall
not require the States to expend any Federal or State funds to
construct, erect, or otherwise place or to modify any sign relating
to a speed limit, distance, or other measurement on a highway for
the purpose of having such sign establish such speed limit,
distance, or other measurement using the metric system.
"(2) Other actions. - The Secretary shall not require that any
State use or plan to use the metric system with respect to
designing or advertising, or preparing plans, specifications,
estimates, or other documents, for a Federal-aid highway project
eligible for assistance under title 23, United States Code.
"(3) Definitions. - In this subsection, the following definitions
apply:
"(A) Highway. - The term 'highway' has the meaning such term
has under section 101 of title 23, United States Code.
"(B) Metric system. - The term 'metric system' has the meaning
the term 'metric system of measurement' has under section 4 of
the Metric Conversion Act of 1975 (15 U.S.C. 205c)."
TYPE II NOISE BARRIERS
Section 339(b) of Pub. L. 104-59 provided that:
"(1) General rule. - No funds made available out of the Highway
Trust Fund may be used to construct Type II noise barriers (as
defined by section 772.5(i) of title 23, Code of Federal
Regulations) pursuant to subsections (h) and (i) of section 109 of
title 23, United States Code, if such barriers were not part of a
project approved by the Secretary before the date of the enactment
of this Act [Nov. 28, 1995].
"(2) Exceptions. - Paragraph (1) shall not apply to construction
of Type II noise barriers along lands that were developed or were
under substantial construction before approval of the acquisition
of the rights-of-ways for, or construction of, the existing
highway."
HIGHWAY SIGNS FOR NATIONAL HIGHWAY SYSTEM
Section 359(b) of Pub. L. 104-59 provided that:
"(1) Study. - The Secretary shall conduct a study to determine
the cost, need, and efficacy of establishing a highway sign for
identifying routes on the National Highway System. In conducting
the study, the Secretary shall make a determination concerning
whether to identify National Highway System route numbers.
"(2) Report. - Not later than March 1, 1997, the Secretary shall
transmit to Congress a report on the results of the study."
USE OF RECYCLED PAVING MATERIAL
Section 1038 of Pub. L. 102-240, as amended by Pub. L. 104-59,
title II, Sec. 205(b), title III, Sec. 327, Nov. 28, 1995, 109
Stat. 577, 592, provided that:
"(a) Asphalt Pavement Containing Recycled Rubber Demonstration
Program. - Notwithstanding any other provision of title 23, United
States Code, or regulation or policy of the Department of
Transportation, the Secretary (or a State acting as the
Department's agent) may not disapprove a highway project under
chapter 1 of title 23, United States Code, on the ground that the
project includes the use of asphalt pavement containing recycled
rubber. Under this subsection, a patented application process for
recycled rubber shall be eligible for approval under the same
conditions that an unpatented process is eligible for approval.
"(b) Studies. -
"(1) In general. - The Secretary and the Administrator of the
Environmental Protection Agency shall coordinate and conduct, in
cooperation with the States, a study to determine -
"(A) the threat to human health and the environment
associated with the production and use of asphalt pavement
containing recycled rubber;
"(B) the degree to which asphalt pavement containing recycled
rubber can be recycled; and
"(C) the performance of the asphalt pavement containing
recycled rubber under various climate and use conditions.
"(2) Division of responsibilities. - The Administrator shall
conduct the part of the study relating to paragraph (1)(A) and
the Secretary shall conduct the part of the study relating to
paragraph (1)(C). The Administrator and the Secretary shall
jointly conduct the study relating to paragraph (1)(B).
"(3) Additional study. - The Secretary and the Administrator,
in cooperation with the States, shall jointly conduct a study to
determine the economic savings, technical performance qualities,
threats to human health and the environment, and environmental
benefits of using recycled materials in highway devices and
appurtenances and highway projects, including asphalt containing
over 80 percent reclaimed asphalt, asphalt containing recycled
glass, and asphalt containing recycled plastic.
"(4) Additional elements. - In conducting the study under
paragraph (3), the Secretary and the Administrator shall examine
utilization of various technologies by States and shall examine
the current practices of all States relating to the reuse and
disposal of materials used in federally assisted highway
projects.
"(5) Report. - Not later than 18 months after the date of the
enactment of this Act [Dec. 18, 1991], the Secretary and the
Administrator shall transmit to Congress a report on the results
of the studies conducted under this subsection, including a
detailed analysis of the economic savings and technical
performance qualities of using such recycled materials in
federally assisted highway projects and the environmental
benefits of using such recycled materials in such highway
projects in terms of reducing air emissions, conserving natural
resources, and reducing disposal of the materials in landfills.
"(c) DOT Guidance. -
"(1) Information gathering and distribution. - The Secretary
shall gather information and recommendations concerning the use
of asphalt containing recycled rubber in highway projects from
those States that have extensively evaluated and experimented
with the use of such asphalt and implemented such projects and
shall make available such information and recommendations on the
use of such asphalt to those States which indicate an interest in
the use of such asphalt.
"(2) Encouragement of use. - The Secretary should encourage the
use of recycled materials determined to be appropriate by the
studies pursuant to subsection (b) in federally assisted highway
projects. Procuring agencies shall comply with all applicable
guidelines or regulations issued by the Administrator of the
Environmental Protection Agency.
"(d) Asphalt Pavement Containing Recycled Rubber. -
"(1) Crumb rubber modifier research. - Not later than 180 days
after the date of the enactment of the National Highway System
Designation Act of 1995 [Nov. 28, 1995], the Secretary shall
develop testing procedures and conduct research to develop
performance grade classifications, in accordance with the
strategic highway research program carried out under section
307(d) of title 23, United States Code, for crumb rubber modifier
binders. The testing procedures and performance grade
classifications should be developed in consultation with
representatives of the crumb rubber modifier industry and other
interested parties (including the asphalt paving industry) with
experience in the development of the procedures and
classifications.
"(2) Crumb rubber modifier program development. -
"(A) In general. - The Secretary may make grants to States to
develop programs to use crumb rubber from scrap tires to modify
asphalt pavements.
"(B) Use of grant funds. - Grant funds made available to
States under this paragraph shall be used -
"(i) to develop mix designs for crumb rubber modified
asphalt pavements;
"(ii) for the placement and evaluation of crumb rubber
modified asphalt pavement field tests; and
"(iii) for the expansion of State crumb rubber modifier
programs in existence on the date the grant is made
available.
"(e) Definitions. - For purpose of this section -
"(1) the term 'asphalt pavement containing recycled rubber'
means any mixture of asphalt and crumb rubber derived from whole
scrap tires, such that the physical properties of the asphalt are
modified through the mixture, for use in pavement maintenance,
rehabilitation, or construction applications; and
"(2) the term 'recycled rubber' is any crumb rubber derived
from processing whole scrap tires or shredded tire material taken
from automobiles, trucks, or other equipment owned and operated
in the United States."
SURVEY AND REPORT ON UPGRADING OF DESIGN STANDARDS
Section 1049 of Pub. L. 102-240 directed Secretary to conduct a
survey to identify current State standards relating to geometric
design, traffic control devices, roadside safety, safety
appurtenance design, uniform traffic control devices, and sign
legibility and directional clarity for all Federal-aid highways
and, not later than 2 years after Dec. 18, 1991, to transmit to
Congress a report on the results of the survey and the
crashworthiness of traffic lights, traffic signs, guardrails,
impact attenuators, concrete barrier treatments, and breakaway
utility poles for bridges and roadways currently used by States.
EROSION CONTROL GUIDELINES
Section 1057 of title I of Pub. L. 102-240 provided that:
"(a) Development. - The Secretary shall develop erosion control
guidelines for States to follow in carrying out construction
projects funded in whole or in part under this title [see Tables
for classification].
"(b) More Stringent State Requirements. - Guidelines developed
under subsection (a) shall not preempt any requirement made by or
under State law if such requirement is more stringent than the
guidelines.
"(c) Consistency With Other Programs. - Guidelines developed
under subsection (a) shall be consistent with nonpoint source
management programs under section 319 of the Federal Water
Pollution Control Act [33 U.S.C. 1329] and coastal nonpoint
pollution control guidance under section 6217(g) of the Omnibus
Budget Reconciliation Act of 1990 [16 U.S.C. 1455b(g)]."
ROADSIDE BARRIER TECHNOLOGY
Section 1058 of Pub. L. 102-240, as amended by Pub. L. 104-59,
title III, Sec. 328, Nov. 28, 1995, 109 Stat. 593, provided that:
"(a) Requirement for Innovative Barriers. - Not less than 2 1/2
percent of the mileage of new or replacement permanent or temporary
crashworthy barriers included in awarded contracts along Federal-
aid highways within the boundaries of a State in each calendar
year shall be innovative crashworthy safety barriers.
"(b) Certification. - Each State shall annually certify to the
Secretary its compliance with the requirements of this section.
"(c) Definition of Innovative Crashworthy Safety Barrier. - For
purposes of this section, the term 'innovative crashworthy safety
barrier' means a barrier, other than a guardrail or guiderail,
classified by the Federal Highway Administration as 'experimental'
or that was classified as 'operational' after January 1, 1985, and
that meets or surpasses the requirements of the National
Cooperative Highway Research Program 350 for longitudinal
barriers."
ROADSIDE BARRIERS AND SAFETY APPURTENANCES
Section 1073 of Pub. L. 102-240 provided that:
"(a) Initiation of Rulemaking Proceeding. - Not later than 30
days after the date of the enactment of this Act [Dec. 18, 1991],
the Secretary shall initiate a rulemaking proceeding to revise the
guidelines and establish standards for installation of roadside
barriers and other safety appurtenances, including longitudinal
barriers, end terminals, and crash cushions. Such rulemaking shall
reflect state-of-the-art designs, testing, and evaluation criteria
contained in the National Cooperative Highway Research Program
Report 230, relating to approval standards which provide an
enhanced level of crashworthy performance to accommodate vans, mini-
vans, pickup trucks, and 4-wheel drive vehicles.
"(b) Final Rule. - Not later than 1 year after the date of the
enactment of this Act [Dec. 18, 1991], the Secretary shall complete
the rulemaking proceeding initiated under subsection (a), and issue
a final rule regarding the implementation of revised guidelines and
standards for acceptable roadside barriers and other safety
appurtenances, including longitudinal barriers, end terminals, and
crash cushions. Such revised guidelines and standards shall
accommodate vans, mini-vans, pickup trucks, and 4-wheel drive
vehicles and shall be applicable to the refurbishment and
replacement of existing roadside barriers and safety appurtenances
as well as to the installation of new roadside barriers and safety
appurtenances."
STUDIES RELATING TO ESTABLISHMENT OF STANDARDS FOR RESURFACING,
RESTORATION, AND REHABILITATION OF HIGHWAYS AND TO ESTABLISHMENT OF
UNIFORM STANDARDS AND CRITERIA FOR TESTING AND INSPECTING HIGHWAYS
AND BRIDGES
Section 110(b), (c) of Pub. L. 97-424 provided that:
"(b) The Secretary of Transportation shall enter into appropriate
arrangements with the National Academy of Sciences (1) to conduct a
study of the safety cost-effectiveness of geometric design criteria
of standards currently in effect for construction and
reconstruction of highways, other than highways access to which is
fully controlled, to determine the most appropriate minimum
standards to apply to resurfacing, restoration, and rehabilitation
projects on such highways, which study shall include a study of the
cost effectiveness of the hot dip galvanizing process for the
installation, repair, or replacement of exposed structural and
miscellaneous steel, and (2) to propose standards to preserve and
extend the service life of such highways and enhance highway
safety. The National Academy of Sciences shall conduct such study
in cooperation with the National Transportation Safety Board, the
Congressional Budget Office, and the American Association of State
Highway and Transportation Officials. Upon completion of such
study, the National Academy of Sciences shall submit such study and
its proposed standards to the Secretary of Transportation for
review. Within ninety days after submission of such standards to
the Secretary of Transportation, the Secretary shall submit such
study and the proposed standards of the National Academy of
Sciences, together with the recommendations of the Secretary, to
Congress for approval.
"(c)(1) The Secretary of Transportation is directed to coordinate
a study with the National Bureau of Standards, the American Society
for Testing and Materials, and other organizations as deemed
appropriate, (A) to determine the existing quality of design,
construction, products, use, and systems for highways and bridges;
(B) to determine the need for uniform standards and criteria for
design, processing, products, and applications, including personnel
training and implementation of enforcement techniques; and (C) to
determine the manpower needs and costs of developing a national
system for the evaluation and accreditation of testing and
inspection agencies.
"(2) The Secretary shall submit such study to the Congress not
later than one year after the date of enactment of this section
[Jan. 6, 1983]."
EXPENDITURE OF FEDERAL FUNDS FOR HIGHWAY SIGNS USING METRIC SYSTEM
Section 144 of Pub. L. 95-599, as amended by Pub. L. 96-106, Sec.
14, Nov. 9, 1979, 93 Stat. 798, which prohibited use of Federal
funds for signing solely in the metric system, was repealed by Pub.
L. 102-240, title I, Sec. 1053, Dec. 18, 1991, 105 Stat. 2001.
MODIFICATION OF PROJECT AGREEMENTS TO EFFECTUATE REQUIREMENT OF
FOUR-LANES OF TRAFFIC
Authorization to modify projects agreements entered into prior to
September 13, 1966, to effectuate the amendment of this section by
Pub. L. 89-574 which added the requirement of four-lanes of
traffic, see section 5(b) of Pub. L. 89-574, set out as a note
under section 106 of this title.
-End-
-CITE-
23 USC Sec. 110 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 110. Revenue aligned budget authority
-STATUTE-
(a) In General. -
(1) Allocation. - On October 15 of fiscal year 2007 and each
fiscal year thereafter, the Secretary shall allocate for such
fiscal year and the succeeding fiscal year an amount of funds
equal to the amount determined pursuant to section
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C 901(b)(2)(B)(ii)(I)(cc))
(!1) if the amount determined pursuant to such section for such
fiscal year is greater than zero.
(2) Reduction. - If the amount determined pursuant to section
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C 901(b)(2)(B)(ii)(I)(cc))
(!1) for fiscal year 2007 or any fiscal year thereafter is less
than zero, the Secretary on October 15 of such fiscal year shall
reduce proportionately the amount of sums authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for such fiscal year and the succeeding fiscal
year to carry out each of the Federal-aid highway and highway
safety construction programs (other than emergency relief) and
the motor carrier safety grant program by an aggregate amount
equal to the amount determined pursuant to such section. No
reduction under this paragraph and no reduction under section
1102(h), and no reduction under title VIII or any amendment made
by title VIII, of the SAFETEA-LU shall be made for a fiscal year
if, as of October 1 of such fiscal year the balance in the
Highway Trust Fund (other than the Mass Transit Account) exceeds
$6,000,000,000.
(b) General Distribution. - The Secretary shall -
(1) determine the ratio that -
(A) the sums authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) for each of
the Federal-aid highway and highway safety construction
programs (other than the equity bonus program) and the motor
carrier safety grant program for which funds are allocated from
such Trust Fund by the Secretary under this title, the SAFETEA-
LU, and subchapter I of chapter 311 of title 49 for a fiscal
year, bears to
(B) the total of all sums authorized to be appropriated from
such Trust Fund for such programs for such fiscal year;
(2) multiply the ratio determined under paragraph (1) by the
total amount of funds to be allocated under subsection (a)(1) for
such fiscal year;
(3) allocate the amount determined under paragraph (2) among
such programs in the ratio that -
(A) the sums authorized to be appropriated from such Trust
Fund for each of such programs for such fiscal year, bears to
(B) the sums authorized to be appropriated from such Trust
Fund for all such programs for such fiscal year; and
(4) allocate the remainder of the funds to be allocated under
subsection (a)(1) for such fiscal year to the States in the ratio
that -
(A) the total of all funds authorized to be appropriated from
such Trust Fund for Federal-aid highway and highway safety
construction programs that are apportioned to each State for
such fiscal year but for this section, bears to
(B) the total of all funds authorized to be appropriated from
such Trust Fund for such programs that are apportioned to all
States for such fiscal year but for this section.
(c) State Programmatic Distribution. - Of the funds to be
apportioned to each State under subsection (b)(4) for a fiscal
year, the Secretary shall ensure that such funds are apportioned
for the Interstate and National Highway System program, the bridge
program, the surface transportation program, the highway safety
improvement program, and the congestion mitigation air quality
improvement program in the same ratio that each State is
apportioned funds for such programs for such fiscal year but for
this section.
(d) Authorization of Appropriations. - There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) such sums as may be necessary to carry out this
section for fiscal years beginning after September 30, 1998.
(e) After making any calculation necessary to implement this
section for fiscal year 2001, the amount available under paragraph
(a)(1) shall be increased by $128,752,000. The amounts added under
this subsection shall not apply to any calculation in any other
fiscal year.
(f) For fiscal year 2001, prior to making any distribution under
this section, $22,029,000 of the allocation under paragraph (a)(1)
shall be available only for each program authorized under chapter
53 of title 49, United States Code, and title III of Public Law 105-
178, in proportion to each such program's share of the total
authorization in section 5338 (other than 5338(h)) of such title
and sections 3037 and 3038 of such Public Law, under the terms and
conditions of chapter 53 of such title.
(g) For fiscal year 2001, prior to making any distribution under
this section, $399,000 of the allocation under paragraph (a)(1)
shall be available only for motor carrier safety programs under
sections 31104 and 31107 of title 49, United States Code; $274,000
for NHTSA operations and research under section 403 of title 23,
United States Code; and $787,000 for NHTSA highway traffic safety
grants under chapter 4 of title 23, United States Code.
-SOURCE-
(Added and amended Pub. L. 105-178, title I, Sec. 1105(a), (c),
June 9, 1998, 112 Stat. 130; Pub. L. 105-206, title IX, Sec.
9002(e), July 22, 1998, 112 Stat. 835; Pub. L. 106-113, div. B,
Sec. 1000(a)(5) [title III, Sec. 304], Nov. 29, 1999, 113 Stat.
1536, 1501A-306; Pub. L. 106-159, title I, Sec. 102(a)(2), Dec. 9,
1999, 113 Stat. 1752; Pub. L. 109-59, title I, Sec. 1105(a)-(e),
Aug. 10, 2005, 119 Stat. 1165, 1166.)
-REFTEXT-
REFERENCES IN TEXT
Section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985, referred to in subsecs. (a)(1) and (2), is section 251
of Pub. L. 99-177, title II, Dec. 12, 1985, 99 Stat. 1063, which is
classified to section 901 of Title 2, The Congress. Section 251 of
Pub. L. 99-177 was amended generally by Pub. L. 112-25, title I,
Sec. 101, Aug. 2, 2011, 125 Stat. 241, and as so amended, par. (1)
no longer contains a subpar. (B).
Section 1102(h) of the SAFETEA-LU, referred to in subsec. (a)(2),
is section 1102(h) of Pub. L. 109-59, which is set out as a note
under section 104 of this title.
The SAFETEA-LU, referred to in subsecs. (a)(2) and (b)(1)(A), is
Pub. L. 109-59, Aug. 10, 2005, 119 Stat. 1144, also known as the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users. Title VIII of the Act amended sections 900 and
901 of Title 2, The Congress, and enacted provisions set out as a
note under section 901 of Title 2. For complete classification of
this Act to the Code, see Short Title of 2005 Amendments note set
out under section 101 of this title and Tables.
Title III of Public Law 105-178, referred to in subsec. (f), is
title III of Pub. L. 105-178, June 9, 1998, 112 Stat. 338, as
amended, known as the Federal Transit Act of 1998. Sections 3037
and 3038 of title III of Pub. L. 105-178 are set out as notes under
sections 5309 and 5310, respectively, of Title 49, Transportation.
For complete classification of title III to the Code, see Short
Title of 1998 Amendment note set out under section 5101 of Title 49
and Tables.
-COD-
CODIFICATION
Another section 110 was renumbered section 126 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 110, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 894,
related to project agreements, prior to repeal by Pub. L. 105-178,
title I, Sec. 1105(a), June 9, 1998, 112 Stat. 130.
AMENDMENTS
2005 - Subsec. (a)(1). Pub. L. 109-59, Sec. 1105(a), substituted
"2007" for "2000" and inserted "and the succeeding fiscal year"
after "allocate for such fiscal year".
Subsec. (a)(2). Pub. L. 109-59, Sec. 1105(b), substituted "2007"
for "2000" and "October 15 of such" for "October 1 of the
succeeding", inserted "for such fiscal year and the succeeding
fiscal year" after "Account)", and inserted at end "No reduction
under this paragraph and no reduction under section 1102(h), and no
reduction under title VIII or any amendment made by title VIII, of
the SAFETEA-LU shall be made for a fiscal year if, as of October 1
of such fiscal year the balance in the Highway Trust Fund (other
than the Mass Transit Account) exceeds $6,000,000,000."
Subsec. (b)(1)(A). Pub. L. 109-59, Sec. 1105(c), (e), struck out
"for" before "Federal-aid highway" and substituted "equity bonus"
for "minimum guarantee" and "SAFETEA-LU" for "Transportation Equity
Act for the 21st Century".
Subsec. (c). Pub. L. 109-59, Sec. 1105(d), inserted "the highway
safety improvement program," after "the surface transportation
program,".
1999 - Subsec. (a)(2). Pub. L. 106-159, Sec. 102(a)(2)(A),
inserted "and the motor carrier safety grant program" after
"relief)".
Subsec. (b)(1)(A). Pub. L. 106-159, Sec. 102(a)(2)(B), inserted
"and the motor carrier safety grant program" after "program)",
substituted "title," for "title and", and inserted ", and
subchapter I of chapter 311 of title 49" after "21st Century".
Subsecs. (e) to (g). Pub. L. 106-113, which directed amendment of
section 110 by adding subsecs. (e) to (g) at the end, was executed
to this section to reflect the probable intent of Congress. See
Codification note above.
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1105(c)(1), as added by
Pub. L. 105-206, Sec. 9002(e), substituted "In general" for
"Determination of amount" in heading and amended text of subsec.
(a) generally. Prior to amendment, text read as follows: "On
October 15 of fiscal year 1999, and each fiscal year thereafter,
the Secretary shall allocate an amount of funds equal to the amount
determined pursuant to section 251(b)(1)(B)(I)(cc) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(B)(I)(cc))."
Subsec. (b)(2), (4). Pub. L. 105-178, Sec. 1105(c)(2), as added
by Pub. L. 105-206, Sec. 9002(e), substituted "subsection (a)(1)"
for "subsection (a)".
Subsec. (c). Pub. L. 105-178, Sec. 1105(c)(3), as added by Pub.
L. 105-206, Sec. 9002(e), substituted "the Interstate and National
Highway System program" for "the Interstate Maintenance program,
the National Highway System program".
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
this title.
SPECIAL RULE
Pub. L. 109-59, title I, Sec. 1105(f), Aug. 10, 2005, 119 Stat.
1166, provided that: "If the amount available pursuant to section
110 of title 23, United States Code, for fiscal year 2007 is
greater than zero, the Secretary [of Transportation] shall -
"(1) determine the total amount necessary to increase each
State's rate of return (as determined under section 105(b)(1)(A)
of title 23, United States Code) to 92 percent, excluding amounts
provided under this paragraph;
"(2) allocate to each State the lesser of -
"(A) the amount computed for that State under paragraph (1);
or
"(B) an amount determined by multiplying the total amount
calculated under section 110 of title 23, United States Code,
for fiscal year 2007 by the ratio that -
"(i) the amount determined for such State under paragraph
(1); bears to
"(ii) the total amount computed for all States in paragraph
(1); and
"(3) allocate amounts remaining in excess of the amounts
allocated in paragraph (2) to all States in accordance with
section 110 of title 23, United States Code."
-FOOTNOTE-
(!1) So in original. Probably should be "(2 U.S.C.
901(b)(1)(B)(ii)(I)(cc))". See References in Text note below.
-End-
-CITE-
23 USC Sec. 111 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 111. Agreements relating to use of and access to rights-of-way
- Interstate System
-STATUTE-
(a) In General. - All agreements between the Secretary and the
State transportation department for the construction of projects on
the Interstate System shall contain a clause providing that the
State will not add any points of access to, or exit from, the
project in addition to those approved by the Secretary in the plans
for such project, without the prior approval of the Secretary. Such
agreements shall also contain a clause providing that the State
will not permit automotive service stations or other commercial
establishments for serving motor vehicle users to be constructed or
located on the rights-of-way of the Interstate System. Such
agreements may, however, authorize a State or political subdivision
thereof to use or permit the use of the airspace above and below
the established grade line of the highway pavement for such
purposes as will not impair the full use and safety of the highway,
as will not require or permit vehicular access to such space
directly from such established grade line of the highway, or
otherwise interfere in any way with the free flow of traffic on the
Interstate System. Nothing in this section, or in any agreement
entered into under this section, shall require the discontinuance,
obstruction, or removal of any establishment for serving motor
vehicle users on any highway which has been, or is hereafter,
designated as a highway or route on the Interstate System (1) if
such establishment (A) was in existence before January 1, 1960, (B)
is owned by a State, and (C) is operated through concessionaries or
otherwise, and (2) if all access to, and exits from, such
establishment conform to the standards established for such a
highway under this title.
(b) Vending Machines. - Notwithstanding subsection (a), any State
may permit the placement of vending machines in rest and recreation
areas, and in safety rest areas, constructed or located on rights-
of-way of the Interstate System in such State. Such vending
machines may only dispense such food, drink, and other articles as
the State transportation department determines are appropriate and
desirable. Such vending machines may only be operated by the State.
In permitting the placement of vending machines, the State shall
give priority to vending machines which are operated through the
State licensing agency designated pursuant to section 2(a)(5) of
the Act of June 20, 1936, commonly known as the "Randolph-Sheppard
Act" (20 U.S.C. 107a(a)(5)). The costs of installation, operation,
and maintenance of vending machines shall not be eligible for
Federal assistance under this title.
(c) Motorist Call Boxes. -
(1) In general. - Notwithstanding subsection (a), a State may
permit the placement of motorist call boxes on rights-of-way of
the National Highway System. Such motorist call boxes may include
the identification and sponsorship logos of such call boxes.
(2) Sponsorship logos. -
(A) Approval by state and local agencies. - All call box
installations displaying sponsorship logos under this
subsection shall be approved by the highway agencies having
jurisdiction of the highway on which they are located.
(B) Size on box. - A sponsorship logo may be placed on the
call box in a dimension not to exceed the size of the call box
or a total dimension in excess of 12 inches by 18 inches.
(C) Size on identification sign. - Sponsorship logos in a
dimension not to exceed 12 inches by 30 inches may be displayed
on a call box identification sign affixed to the call box post.
(D) Spacing of signs. - Sponsorship logos affixed to an
identification sign on a call box post may be located on the
rights-of-way at intervals not more frequently than 1 per every
5 miles.
(E) Distribution throughout state. - Within a State, at least
20 percent of the call boxes displaying sponsorship logos shall
be located on highways outside of urbanized areas with a
population greater than 50,000.
(3) Nonsafety hazards. - The call boxes and their location,
posts, foundations, and mountings shall be consistent with
requirements of the Manual on Uniform Traffic Control Devices or
any requirements deemed necessary by the Secretary to assure that
the call boxes shall not be a safety hazard to motorists.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 87-61, title
I, Sec. 104(a), June 29, 1961, 75 Stat. 122; Pub. L. 95-599, title
I, Sec. 114, Nov. 6, 1978, 92 Stat. 2697; Pub. L. 100-17, title I,
Sec. 110(a), Apr. 2, 1987, 101 Stat. 146; Pub. L. 104-59, title
III, Sec. 306, Nov. 28, 1995, 109 Stat. 580; Pub. L. 105-178, title
I, Sec. 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109-
59, title I, Sec. 1412, Aug. 10, 2005, 119 Stat. 1234; Pub. L. 110-
244, title I, Sec. 104, June 6, 2008, 122 Stat. 1578.)
-MISC1-
AMENDMENTS
2008 - Subsec. (d). Pub. L. 110-244 struck out subsec. (d) which
related to idling reduction facilities in rights-of-way of
Interstate System.
2005 - Subsec. (d). Pub. L. 109-59 added subsec. (d).
1998 - Subsecs. (a), (b). Pub. L. 105-178 substituted "State
transportation department" for "State highway department".
1995 - Subsec. (c). Pub. L. 104-59 added subsec. (c).
1987 - Pub. L. 100-17 designated existing provision as subsec.
(a), inserted heading for subsec. (a), and added subsec. (b).
1978 - Pub. L. 95-599 inserted provision listing situations which
would not require the discontinuance, obstruction, or removal of
any establishment for serving motor vehicle users.
1961 - Pub. L. 87-61 substituted "to use or permit the use of the
airspace above and below the established grade line of the highway
pavement for such purposes as will not impair the full use and
safety of the highway, as will not require or permit vehicular
access to such space directly from such established grade line of
the highway, or otherwise interfere" for "to use the airspace above
and below the established grade line of the highway pavement for
the parking of motor vehicles provided such use does not
interfere".
INTERSTATE OASIS PROGRAM
Pub. L. 109-59, title I, Sec. 1310, Aug. 10, 2005, 119 Stat.
1219, provided that:
"(a) In General. - Not later than 180 days after the date of
enactment of this section [Aug. 10, 2005], in consultation with the
States and other interested parties, the Secretary [of
Transportation] shall -
"(1) establish an interstate oasis program; and
"(2) after providing an opportunity for public comment, develop
standards for designating, as an interstate oasis, a facility
that -
"(A) offers -
"(i) products and services to the public;
"(ii) 24-hour access to restrooms; and
"(iii) parking for automobiles and heavy trucks; and
"(B) meets other standards established by the Secretary.
"(b) Standards for Designation. - The standards for designation
under subsection (a) shall include standards relating to -
"(1) the appearance of a facility; and
"(2) the proximity of the facility to the Dwight D. Eisenhower
National System of Interstate and Defense Highways.
"(c) Eligibility for Designation. - If a State (as defined in
section 101(a) of title 23, United States Code) elects to
participate in the interstate oasis program, any facility meeting
the standards established by the Secretary [of Transportation]
shall be eligible for designation under this section.
"(d) Logo. - The Secretary [of Transportation] shall design a
logo to be displayed by a facility designated under this section."
VENDING MACHINES; PLACEMENT IN REST, RECREATION, AND SAFETY REST
AREAS; STATE OPERATION OF MACHINES
Pub. L. 97-424, title I, Sec. 111, Jan. 6, 1983, 96 Stat. 2106,
provided that notwithstanding section 111 of this title before Oct.
1, 1983, any State could permit placement of vending machines in
rest and recreation areas and in safety rest areas constructed or
located on rights-of-way of National System of Interstate and
Defense Highways [now Dwight D. Eisenhower System of Interstate and
Defense Highways] in such State. Such vending machines could only
dispense such food, drink, and other articles as the State highway
department determined were appropriate and desirable. Such vending
machines could only be operated by the State. In permitting the
placement of vending machines under this section, the State had to
give priority to vending machines which were operated through the
State licensing agency designated pursuant to section 2(a)(5) of
the Act of June 20, 1936, known as the Randolph-Sheppard Act (20
U.S.C. 107a(a)(5)).
DEMONSTRATION PROJECT FOR VENDING MACHINES IN REST AND RECREATION
AREAS
Section 153 of Pub. L. 95-599 authorized Secretary of
Transportation to implement a demonstration project respecting
placement of vending machines in rest and recreation areas and to
report not later than two years after Nov. 6, 1978, on results of
such project.
REVISION OF AGREEMENTS RELATING TO UTILIZATION OF SPACE ON
RIGHTS-OF-WAY
Section 104(b) of Pub. L. 87-61 authorized Secretary of Commerce
[now Transportation], on application, to revise any agreement made
prior to June 29, 1961, to extent that such agreement relates to
utilization of space on rights-of-way on National System of
Interstate and Defense Highways [now Dwight D. Eisenhower System of
Interstate and Defense Highways] to conform to section 111 of this
title as amended by subsection (a).
-End-
-CITE-
23 USC Sec. 112 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 112. Letting of contracts
-STATUTE-
(a) In all cases where the construction is to be performed by the
State transportation department or under its supervision, a request
for submission of bids shall be made by advertisement unless some
other method is approved by the Secretary. The Secretary shall
require such plans and specifications and such methods of bidding
as shall be effective in securing competition.
(b) Bidding Requirements. -
(1) In general. - Subject to paragraphs (2) and (3),
construction of each project, subject to the provisions of
subsection (a) of this section, shall be performed by contract
awarded by competitive bidding, unless the State transportation
department demonstrates, to the satisfaction of the Secretary,
that some other method is more cost effective or that an
emergency exists. Contracts for the construction of each project
shall be awarded only on the basis of the lowest responsive bid
submitted by a bidder meeting established criteria of
responsibility. No requirement or obligation shall be imposed as
a condition precedent to the award of a contract to such bidder
for a project, or to the Secretary's concurrence in the award of
a contract to such bidder, unless such requirement or obligation
is otherwise lawful and is specifically set forth in the
advertised specifications.
(2) Contracting for engineering and design services. -
(A) General rule. - Subject to paragraph (3), each contract
for program management, construction management, feasibility
studies, preliminary engineering, design, engineering,
surveying, mapping, or architectural related services with
respect to a project subject to the provisions of subsection
(a) of this section shall be awarded in the same manner as a
contract for architectural and engineering services is
negotiated under chapter 11 of title 40.
(B) Performance and audits. - Any contract or subcontract
awarded in accordance with subparagraph (A), whether funded in
whole or in part with Federal-aid highway funds, shall be
performed and audited in compliance with cost principles
contained in the Federal Acquisition Regulations of part 31 of
title 48, Code of Federal Regulations.
(C) Indirect cost rates. - Instead of performing its own
audits, a recipient of funds under a contract or subcontract
awarded in accordance with subparagraph (A) shall accept
indirect cost rates established in accordance with the Federal
Acquisition Regulations for 1-year applicable accounting
periods by a cognizant Federal or State government agency, if
such rates are not currently under dispute.
(D) Application of rates. - Once a firm's indirect cost rates
are accepted under this paragraph, the recipient of the funds
shall apply such rates for the purposes of contract estimation,
negotiation, administration, reporting, and contract payment
and shall not be limited by administrative or de facto ceilings
of any kind.
(E) Prenotification; confidentiality of data. - A recipient
of funds requesting or using the cost and rate data described
in subparagraph (D) shall notify any affected firm before such
request or use. Such data shall be confidential and shall not
be accessible or provided, in whole or in part, to another firm
or to any government agency which is not part of the group of
agencies sharing cost data under this paragraph, except by
written permission of the audited firm. If prohibited by law,
such cost and rate data shall not be disclosed under any
circumstances.
(F)(F) (!1) Subparagraphs (B), (C), (D) and (E) herein shall
not apply to the States of West Virginia or Minnesota.
(3) Design-build contracting. -
(A) In general. - A State transportation department or local
transportation agency may award a design-build contract for a
qualified project described in subparagraph (C) using any
procurement process permitted by applicable State and local
law.
(B) Limitation on final design. - Final design under a design-
build contract referred to in subparagraph (A) shall not
commence before compliance with section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332).
(C) Qualified projects. - A qualified project referred to in
subparagraph (A) is a project under this chapter (including
intermodal projects) for which the Secretary has approved the
use of design-build contracting under criteria specified in
regulations issued by the Secretary.
(D) Regulatory process. - Not later than 90 days after the
date of enactment of the SAFETEA-LU, the Secretary shall issue
revised regulations under section 1307(c) of the Transportation
Equity Act for 21st Century (23 U.S.C. 112 note; 112 Stat. 230)
that -
(i) do not preclude a State transportation department or
local transportation agency, prior to compliance with section
102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332), from -
(I) issuing requests for proposals;
(II) proceeding with awards of design-build contracts; or
(III) issuing notices to proceed with preliminary design
work under design-build contracts;
(ii) require that the State transportation department or
local transportation agency receive concurrence from the
Secretary before carrying out an activity under clause (i);
and
(iii) preclude the design-build contractor from proceeding
with final design or construction of any permanent
improvement prior to completion of the process under such
section 102.
(E) Design-build contract defined. - In this paragraph, the
term "design-build contract" means an agreement that provides
for design and construction of a project by a contractor,
regardless of whether the agreement is in the form of a design-
build contract, a franchise agreement, or any other form of
contract approved by the Secretary.
(c) The Secretary shall require as a condition precedent to his
approval of each contract awarded by competitive bidding pursuant
to subsection (b) of this section, and subject to the provisions of
this section, a sworn statement, executed by, or on behalf of, the
person, firm, association, or corporation to whom such contract is
to be awarded, certifying that such person, firm, association, or
corporation has not, either directly or indirectly, entered into
any agreement, participated in any collusion, or otherwise taken
any action in restraint of free competitive bidding in connection
with such contract.
(d) No contract awarded by competitive bidding pursuant to
subsection (b) of this section, and subject to the provisions of
this section, shall be entered into by any State transportation
department or local subdivision of the State without compliance
with the provisions of this section, and without the prior
concurrence of the Secretary in the award thereof.
(e) Standardized Contract Clause Concerning Site Conditions. -
(1) General rule. - The Secretary shall issue regulations
establishing and requiring, for inclusion in each contract
entered into with respect to any project approved under section
106 of this title a contract clause, developed in accordance with
guidelines established by the Secretary, which equitably
addresses each of the following:
(A) Site conditions.
(B) Suspensions of work ordered by the State (other than a
suspension of work caused by the fault of the contractor or by
weather).
(C) Material changes in the scope of work specified in the
contract.
The guidelines established by the Secretary shall not require
arbitration.
(2) Limitation on applicability. -
(A) State law. - Paragraph (1) shall apply in a State except
to the extent that such State adopts or has adopted by statute
a formal procedure for the development of a contract clause
described in paragraph (1) or adopts or has adopted a statute
which does not permit inclusion of such a contract clause.
(B) Design-build contracts. - Paragraph (1) shall not apply
to any design-build contract approved under subsection (b)(3).
(f) Selection Process. - A State may procure, under a single
contract, the services of a consultant to prepare any environmental
impact assessments or analyses required for a project, including
environmental impact statements, as well as subsequent engineering
and design work on the project if the State conducts a review that
assesses the objectivity of the environmental assessment,
environmental analysis, or environmental impact statement prior to
its submission to the Secretary.
(g) Temporary Traffic Control Devices. -
(1) Issuance of regulations. - The Secretary, after
consultation with appropriate Federal and State officials, shall
issue regulations establishing the conditions for the appropriate
use of, and expenditure of funds for, uniformed law enforcement
officers, positive protective measures between workers and
motorized traffic, and installation and maintenance of temporary
traffic control devices during construction, utility, and
maintenance operations.
(2) Effects of regulations. - Based on regulations issued under
paragraph (1), a State shall -
(A) develop separate pay items for the use of uniformed law
enforcement officers, positive protective measures between
workers and motorized traffic, and installation and maintenance
of temporary traffic control devices during construction,
utility, and maintenance operations; and
(B) incorporate such pay items into contract provisions to be
included in each contract entered into by the State with
respect to a highway project to ensure compliance with section
109(e)(2).
(3) Limitation. - Nothing in the regulations shall prohibit a
State from implementing standards that are more stringent than
those required under the regulations.
(4) Positive protective measures defined. - In this subsection,
the term "positive protective measures" means temporary traffic
barriers, crash cushions, and other strategies to avoid traffic
accidents in work zones, including full road closures.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 90-495, Sec.
22(c), Aug. 23, 1968, 82 Stat. 827; Pub. L. 96-470, title I, Sec.
112(b)(1), Oct. 19, 1980, 94 Stat. 2239; Pub. L. 97-424, title I,
Sec. 112, Jan. 6, 1983, 96 Stat. 2106; Pub. L. 100-17, title I,
Sec. 111, Apr. 2, 1987, 101 Stat. 147; Pub. L. 104-59, title III,
Sec. 307(a), Nov. 28, 1995, 109 Stat. 581; Pub. L. 105-178, title
I, Secs. 1205, 1212(a)(2)(A)(i), 1307(a), (b), June 9, 1998, 112
Stat. 184, 193, 229, 230; Pub. L. 107-217, Sec. 3(e)(1), Aug. 21,
2002, 116 Stat. 1299; Pub. L. 109-59, title I, Secs. 1110(b), 1503,
Aug. 10, 2005, 119 Stat. 1170, 1238; Pub. L. 109-115, div. A, title
I, Sec. 174, Nov. 30, 2005, 119 Stat. 2426.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of the SAFETEA-LU, referred to in subsec.
(b)(3)(D), is the date of enactment of Pub. L. 109-59, which was
approved Aug. 10, 2005.
Section 1307(c) of the Transportation Equity Act for 21st
Century, referred to in subsec. (b)(3)(D), is section 1307(c) of
Pub. L. 105-178, which is set out as a note below.
-MISC1-
AMENDMENTS
2005 - Subsec. (b)(2)(A). Pub. L. 109-115, Sec. 174(1),
substituted "title 40" for "title 40 or equivalent State
qualifications-based requirements".
Subsec. (b)(2)(B) to (D). Pub. L. 109-115, Sec. 174(2), (3),
redesignated subpars. (C) to (E) as (B) to (D), respectively, and
struck out heading and text of former subpar. (B). Text read as
follows:
"(i) In a complying state. - If, on the date of the enactment of
this paragraph, the services described in subparagraph (A) may be
awarded in a State in the manner described in subparagraph (A),
subparagraph (A) shall apply in such State beginning on such date
of enactment.
"(ii) In a noncomplying state. - In the case of any other State,
subparagraph (A) shall apply in such State beginning on the earlier
of (I) August 1, 1989, or (II) the 10th day following the close of
the 1st regular session of the legislature of a State which begins
after the date of the enactment of this paragraph."
Subsec. (b)(2)(E). Pub. L. 109-115, Sec. 174(3), (4),
redesignated subpar. (F) as (E) and substituted "subparagraph (D)"
for "subparagraph (E)". Former subpar. (E) redesignated (D).
Subsec. (b)(2)(F). Pub. L. 109-115, Sec. 174(5), which directed
that subpar. (F) be amended by substituting "(F) Subparagraphs (B),
(C), (D) and (E) herein shall not apply to the States of West
Virginia or Minnesota." for " 'State Option' and all that follows
through the period", was executed by making the substitution for
"State option. - Subparagraphs (C), (D), (E), and (F) shall take
effect 1 year after the date of the enactment of this subparagraph;
except that if a State, during such 1-year period, adopts by
statute an alternative process intended to promote engineering and
design quality and ensure maximum competition by professional
companies of all sizes providing engineering and design services,
such subparagraphs shall not apply with respect to the State. If
the Secretary determines that the legislature of the State did not
convene and adjourn a full regular session during such 1-year
period, the Secretary may extend such 1-year period until the
adjournment of the next regular session of the legislature.", to
reflect the probable intent of Congress.
Pub. L. 109-115, Sec. 174(3), redesignated subpar. (G) as (F).
Former subpar. (F) redesignated (E).
Subsec. (b)(2)(G). Pub. L. 109-115, Sec. 174(3), redesignated
subpar. (G) as (F).
Subsec. (b)(3)(C) to (E). Pub. L. 109-59, Sec. 1503, added
subpars. (C) and (D), redesignated former subpar. (D) as (E), and
struck out former subpar. (C), which described a qualified project
as one for which the Secretary had approved the use of design-build
contracting under criteria specified in regulations and for which
total costs had been estimated to exceed specified amounts.
Subsecs. (f), (g). Pub. L. 109-59, Sec. 1110(b), added subsec.
(g), redesignated former subsec. (g) as (f), and struck out former
subsec. (f) which read as follows: "The provisions of this section
shall not be applicable to contracts for projects on the Federal-
aid secondary system in those States where the Secretary has
discharged his responsibility pursuant to section 117 of this
title, except where employees of a political subdivision of a State
are working on a project outside of such political subdivision."
2002 - Subsec. (b)(2)(A). Pub. L. 107-217 substituted "chapter 11
of title 40" for "title IX of the Federal Property and
Administrative Services Act of 1949".
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),
substituted "State transportation department" for "State highway
department".
Subsec. (b)(1). Pub. L. 105-178, Sec. 1307(a)(1), substituted
"paragraphs (2) and (3)" for "paragraph (2)".
Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted "State
transportation department" for "State highway department".
Subsec. (b)(2)(A). Pub. L. 105-178, Sec. 1307(a)(2), substituted
"Subject to paragraph (3), each contract" for "Each contract".
Subsec. (b)(2)(B)(i). Pub. L. 105-178, Sec. 1205(a), struck out
before period at end ", except to the extent that such State adopts
by statute a formal procedure for the procurement of such
services".
Subsec. (b)(2)(B)(ii). Pub. L. 105-178, Sec. 1205(a), struck out
before period at end ", except to the extent that such State adopts
or has adopted by statute a formal procedure for the procurement of
the services described in subparagraph (A)".
Subsec. (b)(3). Pub. L. 105-178, Sec. 1307(a)(3), added par. (3).
Subsec. (d). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
"State transportation department" for "State highway department".
Subsec. (e)(2). Pub. L. 105-178, Sec. 1307(b), designated
existing provisions as subpar. (A), inserted heading, realigned
margins, and added subpar. (B).
Subsec. (g). Pub. L. 105-178, Sec. 1205(b), added subsec. (g).
1995 - Subsec. (b)(2)(C) to (G). Pub. L. 104-59 added subpars.
(C) to (G).
1987 - Subsec. (b). Pub. L. 100-17, Sec. 111(a), (b), (d),
inserted subsec. heading, designated existing provisions as par.
(1), inserted par. (1) heading, substituted "Subject to paragraph
(2), construction" for "Construction" and inserted "or that an
emergency exists", added par. (2), and realigned margins.
Subsecs. (e), (f). Pub. L. 100-17, Sec. 111(c), added subsec. (e)
and redesignated former subsec. (e) as (f).
1983 - Subsec. (b). Pub. L. 97-424, Sec. 112(1), substituted
"unless the State highway department demonstrates, to the
satisfaction of the Secretary, that some other method is more cost
effective" for "unless the Secretary shall affirmatively find that,
under the circumstances relating to such project, some other method
is in the public interest" after "by competitive bidding,".
Subsec. (e). Pub. L. 97-424, Sec. 112(2), inserted exception
relating to a situation where employees of a political subdivision
of a State are working on a project outside of such political
subdivision.
1980 - Subsec. (b). Pub. L. 96-470 struck out provision that all
findings by the Secretary that a method other than competitive
bidding is in the public interest be reported in writing to the
Committees on Public Works of the Senate and the House of
Representatives.
1968 - Subsec. (b). Pub. L. 90-495 required that contracts for
the construction of each project be awarded only on the basis of
the lowest responsive bid by a bidder meeting established criteria
of responsibility and required that, to be imposed as a condition
precedent, requirements and obligations have been specifically set
forth in the advertised specifications.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-178, title I, Sec. 1307(e), June 9, 1998, 112 Stat.
231, provided that:
"(1) In general. - The amendments made by this section [amending
this section] take effect 3 years after the date of enactment of
this Act [June 9, 1998].
"(2) Transition provision. -
"(A) In general. - During the period before issuance of the
regulations under subsection (c) [set out below], the Secretary
may approve, in accordance with an experimental program described
in subsection (d) [set out below], design-build contracts to be
awarded using any process permitted by applicable State and local
law; except that final design under any such contract shall not
commence before compliance with section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332).
"(B) Previously awarded contracts. - The Secretary may approve
design-build contracts awarded before the date of enactment of
this Act.
"(C) Design-build contract defined. - In this paragraph, the
term 'design-build contract' means an agreement that provides for
design and construction of a project by a contractor, regardless
of whether the agreement is in the form of a design-build
contract, a franchise agreement, or any other form of contract
approved by the Secretary."
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.
REGULATIONS
Pub. L. 105-178, title I, Sec. 1307(c), June 9, 1998, 112 Stat.
230, provided that:
"(1) In general. - Not later than the effective date specified in
subsection (e) [see Effective Date of 1998 Amendment note above],
after consultation with the American Association of State Highway
and Transportation Officials and representatives from affected
industries, the Secretary shall issue regulations to carry out the
amendments made by this section [amending this section].
"(2) Contents. - The regulations shall -
"(A) identify the criteria to be used by the Secretary in
approving the use by a State transportation department or local
transportation agency of design-build contracting; and
"(B) establish the procedures to be followed by a State
transportation department or local transportation agency for
obtaining the Secretary's approval of the use of design-build
contracting by the department or agency."
EFFECT ON EXPERIMENTAL PROGRAM
Pub. L. 105-178, title I, Sec. 1307(d), June 9, 1998, 112 Stat.
231, provided that: "Nothing in this section [amending this section
and enacting provisions set out as notes under this section] or the
amendments made by this section affects the authority to carry out,
or any project carried out under, any experimental program
concerning design-build contracting that is being carried out by
the Secretary as of the date of enactment of this Act [June 9,
1998]."
REPORT TO CONGRESS
Pub. L. 105-178, title I, Sec. 1307(f), June 9, 1998, 112 Stat.
231, provided that:
"(1) In general. - Not later than 5 years after the date of
enactment of this Act [June 9, 1998], the Secretary shall submit to
Congress a report on the effectiveness of design-build contracting
procedures.
"(2) Contents. - The report shall contain -
"(A) an assessment of the effect of design-build contracting on
project quality, project cost, and timeliness of project
delivery;
"(B) recommendations on the appropriate level of design for
design-build procurements;
"(C) an assessment of the impact of design-build contracting on
small businesses;
"(D) assessment of the subjectivity used in design-build
contracting; and
"(E) such recommendations concerning design-build contracting
procedures as the Secretary determines to be appropriate."
PRIVATE SECTOR INVOLVEMENT PROGRAM
Pub. L. 102-240, title I, Sec. 1060, Dec. 18, 1991, 105 Stat.
2003, provided that:
"(a) Establishment. - The Secretary shall establish a private
sector involvement program to encourage States to contract with
private firms for engineering and design services in carrying out
Federal-aid highway projects when it would be cost effective.
"(b) Grants to States. -
"(1) In general. - In conducting the program under this
section, the Secretary may make grants in each of fiscal years
1992, 1993, 1994, 1995, 1996, and 1997 to not less than 3 States
which the Secretary determines have implemented in the fiscal
year preceding the fiscal year of the grant the most effective
programs for increasing the percentage of funds expended for
contracting with private firms (including small business concerns
and small business concerns owned and controlled by socially and
economically disadvantaged individuals) for engineering and
design services in carrying out Federal-aid highway projects.
"(2) Use of grants. - A grant received by a State under this
subsection may be used by the State only for awarding contracts
for engineering and design services to carry out projects and
activities for which Federal funds may be obligated under title
23, United States Code.
"(3) Funding. - There are authorized to be appropriated to
carry out this section $5,000,000 for each of fiscal years 1992
through 1997. Such sums shall remain available until expended.
"(c) Report by FHWA. - Not later than 120 days after the date of
the enactment of this Act [Dec. 18, 1991], the Administrator of the
Federal Highway Administration shall submit to the Secretary a
report on the amount of funds expended by each State in fiscal
years 1980 through 1990 on contracts with private sector
engineering and design firms in carrying out Federal-aid highway
projects. The Secretary shall use information in the report to
evaluate State engineering and design programs for the purpose of
awarding grants under subsection (b).
"(d) Report to Congress. - Not later than 2 years after the date
of the enactment of this Act [Dec. 18, 1991], the Secretary shall
transmit to Congress a report on implementation of the program
established under this section.
"(e) Engineering and Design Services Defined. - The term
'engineering and design services' means any category of service
described in section 112(b) of title 23, United States Code.
"(f) Regulations. - Not later than 180 days after the date of the
enactment of this Act [Dec. 18, 1991], the Secretary shall issue
regulations to carry out this section."
PILOT PROGRAM FOR UNIFORM AUDIT PROCEDURES
Pub. L. 102-240, title I, Sec. 1092, Dec. 18, 1991, 105 Stat.
2024, directed Secretary to establish pilot program to include no
more than 10 States under which any contract or subcontract awarded
in accordance with subsec. (b)(2)(A) of this section was to be
performed and audited in compliance with cost principles contained
in Federal acquisition regulations of part 41 of title 48 of Code
of Federal Regulations, provided for indirect cost rates in lieu of
performing audits, and required each State participating in pilot
program to report to Secretary not later than 3 years after Dec.
18, 1991, on results of program, prior to repeal by Pub. L. 104-59,
title III, Sec. 307(b), Nov. 28, 1995, 109 Stat. 582. See subsec.
(b)(2)(C) to (F) of this section.
EVALUATION OF STATE PROCUREMENT PRACTICES
Pub. L. 102-240, title VI, Sec. 6014, Dec. 18, 1991, 105 Stat.
2181, directed Secretary to conduct a study to evaluate whether or
not current procurement practices of State departments and agencies
were adequate to ensure that highway and transit systems were
designed, constructed, and maintained so as to achieve a high
quality for such systems at the lowest overall cost and, not later
than 2 years after Dec. 18, 1991, to transmit to Congress a report
on the results of the study, together with an assessment of the
need for establishing a national policy on transportation quality
assurance and recommendations for appropriate legislative and
administrative actions.
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
23 USC Sec. 113 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 113. Prevailing rate of wage
-STATUTE-
(a) The Secretary shall take such action as may be necessary to
insure that all laborers and mechanics employed by contractors or
subcontractors on the construction work performed on highway
projects on the Federal-aid highways authorized under the highway
laws providing for the expenditure of Federal funds upon the
Federal-aid systems, shall be paid wages at rates not less than
those prevailing on the same type of work on similar construction
in the immediate locality as determined by the Secretary of Labor
in accordance with sections 3141-3144, 3146, and 3147 of title 40.
(b) In carrying out the duties of subsection (a) of this section,
the Secretary of Labor shall consult with the highway department of
the State in which a project on any of the Federal-aid systems is
to be performed. After giving due regard to the information thus
obtained, he shall make a predetermination of the minimum wages to
be paid laborers and mechanics in accordance with the provisions of
subsection (a) of this section which shall be set out in each
project advertisement for bids and in each bid proposal form and
shall be made a part of the contract covering the project.
(c) The provisions of the section shall not be applicable to
employment pursuant to apprenticeship and skill training programs
which have been certified by the Secretary of Transportation as
promoting equal employment opportunity in connection with Federal-
aid highway construction programs.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 90-495, Sec.
12(a), Aug. 23, 1968, 82 Stat. 821; Pub. L. 97-424, title I, Sec.
149, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 100-17, title I, Sec.
133(b)(5), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102-240, title I,
Sec. 1006(g)(2), Dec. 18, 1991, 105 Stat. 1927; Pub. L. 107-217,
Sec. 3(e)(2), Aug. 21, 2002, 116 Stat. 1299.)
-MISC1-
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-217 substituted "sections 3141-
3144, 3146, and 3147 of title 40" for "the Act of March 3, 1931,
known as the Davis-Bacon Act (40 U.S.C. 276a)".
1991 - Subsec. (a). Pub. L. 102-240, which directed substitution
of "highways" for "systems, the primary and secondary, as well as
their extension in urban areas, and the Interstate system," was
executed by making the substitution for the quoted words which in
the original contained the word "extensions" rather than
"extension", to reflect the probable intent of Congress.
1987 - Subsec. (a). Pub. L. 100-17 substituted "March 3, 1931"
for "August 30, 1935" and "276a" for "267a".
1983 - Subsec. (a). Pub. L. 97-424 struck out "initial" after
"subcontractors on the".
1968 - Subsec. (a). Pub. L. 90-495 extended wage rate provisions
to the construction of all Federal-aid highway projects by amending
provisions limiting them only to the Interstate System.
Subsec. (b). Pub. L. 90-495 substituted "any of the Federal-aid
systems" for "the Interstate System".
Subsec. (c). Pub. L. 90-495 added subsec. (c).
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
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.
-End-
-CITE-
23 USC Sec. 114 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 114. Construction
-STATUTE-
(a) Construction Work In General. - The construction of any
Federal-aid highway or a portion of a Federal-aid highway shall be
undertaken by the respective State transportation departments or
under their direct supervision. The Secretary shall have the right
to conduct such inspections and take such corrective action as the
Secretary determines to be appropriate. The construction work and
labor in each State shall be performed under the direct supervision
of the State transportation department and in accordance with the
laws of that State and applicable Federal laws. Construction may be
begun as soon as funds are available for expenditure pursuant to
subsection (a) of section 118 of this title. After July 1, 1973,
the State transportation department shall not erect on any project
where actual construction is in progress and visible to highway
users any informational signs other than official traffic control
devices conforming with standards developed by the Secretary of
Transportation.
(b) Convict Labor and Convict Produced Materials. -
(1) Limitation on convict labor. - Convict labor shall not be
used in construction of highways or portions of highways located
on a Federal-aid system unless it is labor performed by convicts
who are on parole, supervised release, or probation.
(2) Limitation on convict produced materials. - Materials
produced after July 1, 1991, by convict labor may only be used in
such construction -
(A) if such materials are produced by convicts who are on
parole, supervised release, or probation from a prison; or
(B) if such materials are produced by convicts in a qualified
prison facility and the amount of such materials produced in
such facility for use in such construction during any 12-month
period does not exceed the amount of such materials produced in
such facility for use in such construction during the 12-month
period ending July 1, 1987.
(3) Qualified prison facility defined. - As used in this
subsection, "qualified prison facility" means any prison facility
in which convicts, during the 12-month period ending July 1,
1987, produced materials for use in construction of highways or
portions of highways located on a Federal-aid system.
(c) Construction Work in Alaska. -
(1) In general. - The Secretary shall ensure that a worker who
is employed on a remote project for the construction of a highway
or portion of a highway located on a Federal-aid system in the
State of Alaska and who is not a domiciled resident of the
locality shall receive meals and lodging.
(2) Lodging. - The lodging under paragraph (1) shall be in
accordance with section 1910.142 of title 29, Code of Federal
Regulations (relating to temporary labor camp requirements).
(3) Per diem. -
(A) In general. - Contractors are encouraged to use
commercial facilities and lodges on remote projects, however,
when such facilities are not available, per diem in lieu of
room and lodging may be paid on remote Federal highway projects
at a basic rate of $75.00 per day or part of a day the worker
is employed on the project. Where the contractor provides or
furnishes room and lodging or pays a per diem, the cost of the
amount shall not be considered a part of wages and shall be
excluded from the calculation of wages.
(B) Secretary of labor. - Such per diem rate shall be adopted
by the Secretary of Labor for all applicable remote Federal
highway projects in Alaska.
(C) Exception. - Per diem shall not be allowed on any of the
following remote projects for the construction of a highway or
portion of a highway located on a Federal-aid system:
(i) West of Livengood on the Elliot Highway.
(ii) Mile 0 on the Dalton Highway to the North Slope of
Alaska; north of Mile 20 on the Taylor Highway.
(iii) East of Chicken on the Top of the World Highway and
south of Tetlin Junction to the Alaska Canadian border.
(4) Definitions. - In this subsection, the following
definitions apply:
(A) Remote. - The term "remote", as used with respect to a
project, means that the project is 65 road miles or more from
the international airport in Fairbanks, Anchorage, or Juneau,
Alaska, as the case may be, or is inaccessible by road in a 2-
wheel drive vehicle.
(B) Resident. - The term "resident", as used with respect to
a project, means a person living within 65 road miles of the
midpoint of the project for at least 12 consecutive months
prior to the award of the project.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86-657, Sec.
8(f), July 14, 1960, 74 Stat. 525; Pub. L. 93-87, title I, Sec.
115, Aug. 13, 1973, 87 Stat. 258; Pub. L. 97-424, title I, Sec.
148, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 98-473, title II, Sec.
226, Oct. 12, 1984, 98 Stat. 2030; Pub. L. 100-17, title I, Sec.
112(a), (b)(1), Apr. 2, 1987, 101 Stat. 148; Pub. L. 102-240, title
I, Sec. 1019, Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105-178, title
I, Sec. 1212(a)(2)(A), June 9, 1998, 112 Stat. 193; Pub. L. 109-59,
title I, Secs. 1409(d), 1904(b), Aug. 10, 2005, 119 Stat. 1232,
1467.)
-MISC1-
AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-59, Sec. 1904(b), substituted
"Federal-aid highway or a portion of a Federal-aid highway" for
"highways or portions of highways located on a Federal-aid system"
and "The Secretary shall have the right to conduct such inspections
and take such corrective action as the Secretary determines to be
appropriate." for "Except as provided in section 117 of this title,
such construction shall be subject to the inspection and approval
of the Secretary."
Subsec. (c). Pub. L. 109-59, Sec. 1409(d), added subsec. (c).
1998 - Subsec. (a). Pub. L. 105-178 substituted "State
transportation department" for "State highway department" in two
places and "State transportation departments" for "State highway
departments".
1991 - Subsec. (b)(2). Pub. L. 102-240, inserted "after July 1,
1991," after "Materials produced" in introductory provisions.
1987 - Subsec. (a). Pub. L. 100-17, Sec. 112(b)(1), inserted
heading.
Subsec. (b). Pub. L. 100-17, Sec. 112(b)(1), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows:
"Convict labor or materials produced by convict labor shall not be
used in such construction unless it is labor performed by convicts
who are on parole or probation."
1984 - Subsec. (b). Pub. L. 98-473 which directed the insertion
of ", supervised release," after "parole" effective Nov. 1, 1987,
was not executed, because of intervening general amendment of
subsec. (b) by Pub. L. 100-17, Sec. 112(a), which contained ",
supervised release," after "parole" wherever appearing.
1983 - Subsec. (b). Pub. L. 97-424 inserted "or materials
produced by convict labor" after "Convict labor".
1973 - Subsec. (a). Pub. L. 93-87 amended last sentence
generally. Prior to amendment, last sentence read as follows: "On
any project where actual construction is in progress and visible to
highway users, the State highway department shall erect such
informational sign or signs as prescribed by the Secretary,
identifying the project and the respective amounts contributed
therefor by the State and Federal Governments."
1960 - Subsec. (a). Pub. L. 86-657 required State highway
departments to erect, on any project where actual construction is
in progress and visible to highway users, such informational sign
or signs as prescribed by the Secretary, identifying the project
and the respective contributions therefor by the State and Federal
Governments.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
applicable only to offenses committed after the taking effect of
this amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of Title 18, Crimes and
Criminal Procedure.
HIGHWAYS FOR LIFE PILOT PROGRAM
Pub. L. 109-59, title I, Sec. 1502, Aug. 10, 2005, 119 Stat.
1236, provided that:
"(a) Establishment. -
"(1) In general. - The Secretary [of Transportation] shall
establish and implement a pilot program to be known as the
'Highways for LIFE Pilot Program'.
"(2) Purpose. - The purpose of the pilot program shall be to
advance longer-lasting highways using innovative technologies and
practices to accomplish the fast construction of efficient and
safe highways and bridges.
"(3) Objectives. - Under the pilot program, the Secretary shall
provide leadership and incentives to demonstrate and promote
state-of-the-art technologies, elevated performance standards,
and new business practices in the highway construction process
that result in improved safety, faster construction, reduced
congestion from construction, and improved quality and user
satisfaction.
"(b) Projects. -
"(1) Applications. - To be eligible to participate in the pilot
program, a State shall submit to the Secretary [of
Transportation] an application that is in such form and contains
such information as the Secretary requires. Each application
shall contain a description of proposed projects to be carried by
the State under the pilot program.
"(2) Eligibility. - A proposed project shall be eligible for
assistance under the pilot program if the project -
"(A) constructs, reconstructs, or rehabilitates a route or
connection on a Federal-aid highway eligible for assistance
under chapter 1 of title 23, United States Code;
"(B) uses innovative technologies, manufacturing processes,
financing, or contracting methods that improve safety, reduce
congestion due to construction, and improve quality; and
"(C) meets additional criteria as determined by the
Secretary.
"(3) Project proposal. - A project proposal submitted under
paragraph (1) shall contain -
"(A) an identification and description of the projects to be
delivered;
"(B) a description of how the projects will result in
improved safety, faster construction, reduced congestion due to
construction, user satisfaction, and improved quality;
"(C) a description of the innovative technologies,
manufacturing processes, financing, and contracting methods
that will be used for the proposed projects; and
"(D) such other information as the Secretary may require.
"(4) Selection criteria. - In selecting projects for approval
under this section, the Secretary shall ensure that the projects
provide an evaluation of a broad range of technologies in a wide
variety of project types and shall give priority to the projects
that -
"(A) address achieving the Highways for LIFE performance
standards for quality, safety, and speed of construction;
"(B) deliver and deploy innovative technologies,
manufacturing processes, financing, contracting practices, and
performance measures that will demonstrate substantial
improvements in safety, congestion, quality, and cost-
effectiveness;
"(C) include innovation that will lead to change in the
administration of the State's transportation program to more
quickly construct long-lasting, high-quality, cost-effective
projects that improve safety and reduce congestion;
"(D) are or will be ready for construction within 1 year of
approval of the project proposal; and
"(E) meet such other criteria as the Secretary determines
appropriate.
"(5) Financial assistance. -
"(A) Funds for highways for life projects. - Out of amounts
made available to carry out this section for a fiscal year, the
Secretary may allocate to a State up to 20 percent, but not
more than $5,000,000, of the total cost of a project approved
under this section. Notwithstanding any other provision of law,
funds allocated to a State under this subparagraph may be
applied to the non-Federal share of the cost of construction of
a project under title 23, United States Code.
"(B) Use of apportioned funds. - A State may obligate not
more than 10 percent of the amount apportioned to the State
under one or more of paragraphs (1), (2), (3), and (4) of
section 104(b) of title 23, United States Code, for a fiscal
year for projects approved under this section.
"(C) Increased federal share. - Notwithstanding sections 120
and 129 of title 23, United States Code, the Federal share
payable on account of any project constructed with Federal
funds allocated under this section, or apportioned under
section 104(b) of such title, to a State under such title and
approved under this section may amount to 100 percent of the
cost of construction of such project.
"(D) Limitation on statutory construction. - Except as
provided in subparagraph (C), nothing in this subsection shall
be construed as altering or otherwise affecting the
applicability of the requirements of chapter 1 of title 23,
United States Code (including requirements relating to the
eligibility of a project for assistance under the program and
the location of the project), to amounts apportioned to a State
for a program under section 104(b) that are obligated by the
State for projects approved under this subsection.
"(6) Project selections. - In the period of fiscal years 2005
through 2009, the Secretary, to the maximum extent possible,
shall approve at least 1 project in each State for participation
in the pilot program and for financial assistance under paragraph
(5) if the State submits an application and the project meets the
eligibility requirements and selection criteria under this
subsection.
"(7) Maximum number of projects. - The maximum number of
projects for which the Secretary may allocate funds under this
subsection in a fiscal year is 15.
"(c) Technology Partnerships. -
"(1) In general. - The Secretary [of Transportation] may make
grants or enter into cooperative agreements or other transactions
to foster the development, improvement, and creation of
innovative technologies and facilities to improve safety, enhance
the speed of highway construction, and improve the quality and
durability of highways.
"(2) Federal share. - The Federal share of the cost of an
activity carried out under this subsection shall not exceed 80
percent.
"(d) Technology Transfer and Information Dissemination. -
"(1) In general. - The Secretary [of Transportation] shall
conduct a highways for life technology transfer program.
"(2) Availability of information. - The Secretary shall ensure
that the information and technology used, developed, or deployed
under this subsection is made available to the transportation
community and the public.
"(e) Stakeholder Input and Involvement. - The Secretary [of
Transportation] shall establish a process for stakeholder input and
involvement in the development, implementation, and evaluation of
the Highways for LIFE Pilot Program. The process may include
participation by representatives of State departments of
transportation and other interested persons.
"(f) Project Monitoring and Evaluation. - The Secretary [of
Transportation] shall monitor and evaluate the effectiveness of any
activity carried out under this section.
"(g) Contract Authority. - Except as otherwise provided in this
section, funds authorized to be appropriated to carry out this
section shall be available for obligation in the same manner as if
the funds were apportioned under chapter 1 of title 23, United
States Code.
"(h) State Defined. - In this section, the term 'State' has the
meaning such term has in section 101(a) of title 23, United States
Code."
MATERIALS PRODUCED BY CONVICT LABOR
Pub. L. 101-162, title II, Sec. 202, Nov. 21, 1989, 103 Stat.
1002, provided that: "During fiscal year 1990 and hereafter,
materials produced by convict labor may be used in the construction
of any highways or portion of highways located on Federal-aid
systems, as described in section 103 of title 23, United States
Code."
Similar fiscal year provisions were contained in the following
appropriation acts:
Pub. L. 100-459, title II, Sec. 202, Oct. 1, 1988, 102 Stat.
2199.
Pub. L. 100-202, Sec. 101(a) [title II, Sec. 202], Dec. 22, 1987,
101 Stat. 1329, 1329-15.
Pub. L. 99-500, Sec. 101(b) [title II, Sec. 202], Oct. 18, 1986,
100 Stat. 1783-39, 1783-51, and Pub. L. 99-591, Sec. 101(b) [title
II, Sec. 202], Oct. 30, 1986, 100 Stat. 3341-39, 3341-51.
Pub. L. 99-180, title II, Sec. 202, Dec. 13, 1985, 99 Stat. 1146.
Pub. L. 98-411, title II, Sec. 202, Aug. 30, 1984, 98 Stat. 1558,
repealed by Pub. L. 100-17, title I, Sec. 112(b)(2), Apr. 2, 1987,
101 Stat. 149.
Pub. L. 98-166, title II, Sec. 202, Nov. 28, 1983, 97 Stat. 1085.
-End-
-CITE-
23 USC Sec. 115 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 115. Advance construction
-STATUTE-
(a) In General. - The Secretary may authorize a State to proceed
with a project authorized under this title -
(1) without the use of Federal funds; and
(2) in accordance with all procedures and requirements
applicable to the project other than those procedures and
requirements that limit the State to implementation of a project -
(A) with the aid of Federal funds previously apportioned or
allocated to the State; or
(B) with obligation authority previously allocated to the
State.
(b) Obligation of Federal Share. - The Secretary, on the request
of a State and execution of a project agreement, may obligate all
or a portion of the Federal share of a project authorized to
proceed under this section from any category of funds for which the
project is eligible.
(c) Inclusion in Transportation Improvement Program. - The
Secretary may approve an application for a project under this
section only if the project is included in the transportation
improvement program of the State developed under section 135(f).
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 90-495, Sec.
25(a), (b), Aug. 23, 1968, 82 Stat. 828, 829; Pub. L. 93-643, Sec.
111, Jan. 4, 1975, 88 Stat. 2285; Pub. L. 96-106, Sec. 4, Nov. 9,
1979, 93 Stat. 797; Pub. L. 97-424, title I, Sec. 113, Jan. 6,
1983, 96 Stat. 2106; Pub. L. 100-17, title I, Sec. 113(a)-(d)(1),
Apr. 2, 1987, 101 Stat. 149, 150; Pub. L. 102-302, Sec. 103, June
22, 1992, 106 Stat. 252; Pub. L. 104-59, title III, Sec. 308, Nov.
28, 1995, 109 Stat. 582; Pub. L. 105-178, title I, Secs.
1103(l)(3)(A), 1106(c)(1)(A), 1226(a), title V, Sec. 5119(d), June
9, 1998, 112 Stat. 126, 136, 452; Pub. L. 105-206, title IX, Sec.
9003(a), July 22, 1998, 112 Stat. 837; Pub. L. 109-59, title I,
Sec. 1501(a), Aug. 10, 2005, 119 Stat. 1235; Pub. L. 110-244, title
I, Sec. 101(j), June 6, 2008, 122 Stat. 1574.)
-MISC1-
AMENDMENTS
2008 - Subsecs. (c), (d). Pub. L. 110-244 redesignated subsec.
(d) as (c).
2005 - Subsecs. (a), (b). Pub. L. 109-59, Sec. 1501(a)(2), added
subsecs. (a) and (b) and struck out former subsecs. (a) and (b),
which related to payment of the Federal share of the cost of
congestion mitigation and air quality improvement, surface
transportation, bridge, planning, and research projects and
Interstate and National Highway System projects which have been
subject to advance construction by a State.
Subsecs. (c), (d). Pub. L. 109-59, Sec. 1501(a)(1), redesignated
subsec. (c) as (d).
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1106(c)(1)(A)(i),
struck out "Substitute," before "Congestion" in heading.
Subsec. (a)(1)(A)(i). Pub. L. 105-178, Secs. 1106(c)(1)(A)(ii),
5119(d), struck out "103(e)(4)(H)," after "under section" and
substituted "or 505" for "or 307".
Subsec. (b). Pub. L. 105-178, Sec. 1226(a)(1), as added by Pub.
L. 105-206, Sec. 9003(a), struck out designation and heading of
par. (1), redesignated subpars. (A) and (B) as pars. (1) and (2),
respectively, realigned margins, and struck out former pars. (2)
and (3), which related to bond interest for projects under
construction on Jan. 1, 1983, and directed that Federal share of
cost of construction would include amount of bond interest but not
in excess of estimated costs over actual costs.
Subsec. (b)(1). Pub. L. 105-178, Sec. 1103(l)(3)(A), substituted
"104(b)(4)" for "104(b)(5)".
Subsecs. (c), (d). Pub. L. 105-178, Sec. 1226(a)(2), (3), as
added by Pub. L. 105-206, Sec. 9003(a), redesignated subsec. (d) as
(c) and struck out heading and text of former subsec. (c). Text
read as follows: "In determining the apportionment for any fiscal
year under the provisions of section 103(e)(4), 104, 134, 144,, or
307 of this title, any such project constructed by a State without
the aid of Federal funds shall not be considered completed until an
application under the provisions of this section with respect to
such project has been approved by the Secretary."
1995 - Subsec. (d). Pub. L. 104-59 amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows:
"(d) Limitation on Advanced Funding. - The Secretary may not
approve an application under this section unless an authorization
for section 103(e)(4), 104, 144, or 307 of this title, as the case
may be, is in effect for the fiscal year for which the application
is sought beyond the currently authorized funds for each State. No
applications may be approved which will exceed the State's expected
apportionment of such authorizations."
1992 - Subsec. (a). Pub. L. 102-302, Sec. 103(1), in heading
substituted "Substitute, Congestion Mitigation and Air Quality
Improvement, Surface Transportation, Bridge, Planning, and Research
Projects" for "Substitute, Urban, Secondary, Bridge, Planning,
Research, and Safety Construction Projects".
Subsec. (a)(1)(A)(i). Pub. L. 102-302, Sec. 103(2)(A), added cl.
(i) and struck out former cl. (i) which read as follows: "has
obligated all funds apportioned or allocated to it under section
103(e)(4)(H), section 104(b)(2), section 104(b)(6), section 104(f),
section 130, section 144, section 152, or section 307 of this
title, or".
Subsec. (a)(2)(A). Pub. L. 102-302, Sec. 103(2)(B), added subpar.
(A) and struck out former subpar. (A) which read as follows: "prior
to commencement of the project the Secretary approves the plans and
specifications therefor in the same manner as other projects, and".
Subsec. (a)(3). Pub. L. 102-302, Sec. 103(2)(C), struck out par.
(3) which read as follows: "Limitation with respect to currently
authorized funds. - The Secretary may not approve an application
under this section unless an authorization for section 103(e)(4),
104, 130, 144, 152, or 307 of this title, as the case may be, is in
effect for the fiscal year for which the application is sought
beyond the currently authorized funds for such State. No
application may be approved which will exceed the State's expected
apportionment of such authorizations. This paragraph shall have no
effect during the period beginning January 1, 1987, and ending
September 30, 1990."
Subsec. (b). Pub. L. 102-302, Sec. 103(3), (4), in heading
substituted "National Highway System" for "Primary" and in par. (1)
substituted "National Highway System" for "Federal-aid primary
system".
Subsec. (c). Pub. L. 102-302, Sec. 103(5), struck out "152" after
"144,".
Subsec. (d). Pub. L. 102-302, Sec. 103(6), added subsec. (d) and
struck out former subsec. (d) which read as follows: "Limitation on
Advanced Funding for Fiscal Years 1987-1990. - The Secretary may
not approve an application of a State under this section with
respect to a project with funds apportioned, or currently
authorized to be apportioned, under section 103(e)(4)(H), 104, 130,
144, 152, or 307 if the amount of approved applications with
respect to such projects exceeds the total of unobligated funds
apportioned or allocated to the State under such section, plus such
State's expected apportionment under such section from existing
authorizations plus an amount equal to such State's expected
apportionment under such section (other than section 104(b)(5)(A))
for one additional fiscal year. This subsection shall only be
effective during the period beginning January 1, 1987, and ending
September 30, 1990."
1987 - Pub. L. 100-17, Sec. 113(d)(1)(A), substituted "Advance
construction" for "Construction by States in advance of
apportionment" in section catchline.
Subsec. (a). Pub. L. 100-17, Sec. 113(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows:
"(1) When a State has obligated all funds apportioned or
allocated to it under section 103(e)(4), 104, or 144 of this title,
other than Interstate funds, and proceeds to construct any highway
substitute, Federal-aid system, or bridge project, respectively,
other than an Interstate project funded under section 104(b)(5) of
this title, without the aid of Federal funds in accordance with all
procedures and all requirements applicable to such a project,
except insofar as such procedures and requirements limit a State to
the construction of projects with the aid of Federal funds
previously apportioned to it, the Secretary, upon application by
such State and his approval of such application, is authorized to
pay to such State the Federal share of the costs of construction of
such project when additional funds are apportioned to such State
under section 103(e)(4), 104, or 144, respectively, of this title
if -
"(A) prior to the construction of the project the Secretary
approves the plans and specifications therefor in the same manner
as other projects, and
"(B) the project conforms to the applicable standards adopted
under section 109 of this title.
"(2) The Secretary may not approve an application under this
section unless an authorization for section 103(e)(4), 104, or 144
of this title, as the case may be, is in effect for the fiscal year
for which the application is sought beyond the currently authorized
funds for such State. No application may be approved which will
exceed the State's expected apportionment of such authorizations."
Subsec. (b). Pub. L. 100-17, Sec. 113(b), inserted heading.
Subsec. (b)(1). Pub. L. 100-17, Sec. 113(b), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "When a
State proceeds to construct any project on the Interstate System
without the aid of Federal funds, as that System may be designated
at that time, in accordance with all procedures and all
requirements applicable to projects on such System, except insofar
as such procedures and requirements limit a State to the
construction of projects with the aid of Federal funds previously
apportioned to it, the Secretary, upon application by such State
and his approval of such application, is authorized to pay to such
State the Federal share of the cost of construction of such project
when additional funds are apportioned to such State under section
104 of this title if -
"(A) prior to the construction of the project the Secretary
approves the plans and specifications therefor in the same manner
as other projects on the Interstate System, and
"(B) the project conforms to the applicable standards under
section 109 of this title."
Subsec. (b)(2), (3). Pub. L. 100-17, Sec. 113(d)(1)(B)-(D),
inserted headings and aligned pars. (2) and (3) with par. (1), as
amended.
Subsec. (c). Pub. L. 100-17, Sec. 113(d)(1)(E), (F), inserted
heading and substituted "134, 144, 152, or 307" for "or 144".
Subsec. (d). Pub. L. 100-17, Sec. 113(c), added subsec. (d).
1983 - Subsec. (a). Pub. L. 97-424, Sec. 113(c), designated
existing provisions as pars. (1) and (2) and designated former
pars. (1) and (2) as subpars. (A) and (B), respectively, of par.
(1); in par. (1) as so redesignated, substituted "When a State has
obligated all funds appropriated or allocated to it under section
103(e)(4), 104, or 144 of this title, other than "interstate funds,
and proceeds to construct any highway substitute, Federal-aid
system, or bridge project, respectively, other than an Interstate
project funded under section 104(b)(5) of this title, without the
aid of Federal funds in accordance with all procedures and all
requirements applicable to such a project, except insofar as such
procedures and requirements limit a State to the construction of
projects with the aid of Federal funds previously apportioned to
it, the Secretary, upon application by such State and his approval
of such application, is authorized to pay to such State the Federal
share of the costs of construction of such project when additional
funds are apportioned to such State under section 103(e)(4), 104,
or 144, respectively, of this title if - ", for "When a State has
obligated all funds for any of the Federal-aid systems, other than
the Interstate System, apportioned to it under section 104 of this
title, and proceeds to construct any project without the aid of
Federal funds, including one or more parts of any project, on any
of the Federal-aid systems in such State, other than the Interstate
System, as any of those systems may be designated at that time, in
accordance with all procedures and all requirements applicable to
projects on any such system, except insofar as such procedures and
requirements limit a State to the construction of projects with the
aid of Federal funds previously apportioned to it, the Secretary,
upon application by such State and his approval of such
application, is authorized to pay to such State the Federal share
of the costs of construction of such project when additional funds
are apportioned to such State under section 104 of this title if -
"; in subpar. (A) thereof struck out "on the Federal-aid system
involved" after "other projects"; and in par. (2) as so designated
inserted "for section 103(e)(4), 104, or 144 of this title, as the
case may be," after "unless authorization", and made a new sentence
of existing provisions, beginning with "No application".
Subsec. (b)(2). Pub. L. 97-424, Sec. 113(a), substituted "1983"
for "1978" wherever appearing.
Subsec. (b)(3). Pub. L. 97-424, Sec. 113(b), added par. (3).
Subsec. (c). Pub. L. 97-424, Sec. 113(d), substituted "section
103(e)(4), 104, or 144" for "section 104" after "provisions of".
1979 - Subsec. (b). Pub. L. 96-106 designated existing provisions
as par. (1) and cls. (1) and (2) thereof as subpars. (A) and (B)
and added par. (2).
1975 - Subsec. (a). Pub. L. 93-643, Sec. 111(a), substituted
"other than the Interstate System" for "including the Interstate
System" in two places.
Subsecs. (b), (c). Pub. L. 93-643, Sec. 111(b), added subsec. (b)
and redesignated former subsec. (b) as (c).
1968 - Subsec. (a). Pub. L. 90-495, Sec. 25(a), extended advance
construction authority to all the Federal-aid highway systems
rather than just the Interstate System but provided that
anticipation of future apportionments by States should only be
permitted for those years for which authorizations have been
established by law.
Subsec. (b). Pub. L. 90-495, Sec. 25(b), struck out reference to
subsec. (b)(5) of section 104 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
this title.
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.
-End-
-CITE-
23 USC Sec. 116 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 116. Maintenance
-STATUTE-
(a) It shall be the duty of the State transportation department
to maintain, or cause to be maintained, any project constructed
under the provisions of this chapter or constructed under the
provisions of prior Acts. The State's obligation to the United
States to maintain any such project shall cease when it no longer
constitutes a part of a Federal-aid system.
(b) In any State wherein the State transportation department is
without legal authority to maintain a project constructed on the
Federal-aid secondary system, or within a municipality, such
transportation department shall enter into a formal agreement for
its maintenance with the appropriate officials of the county or
municipality in which such project is located.
(c) If at any time the Secretary shall find that any project
constructed under the provisions of this chapter, or constructed
under the provisions of prior Acts, is not being properly
maintained, he shall call such fact to the attention of the State
transportation department. If, within ninety days after receipt of
such notice, such project has not been put in proper condition of
maintenance, the Secretary shall withhold approval of further
projects of all types in the State highway district, municipality,
county, other political or administrative subdivision of the State,
or the entire State in which such project is located, whichever the
Secretary deems most appropriate, until such project shall have
been put in proper condition of maintenance.
(d) Preventive Maintenance. - A preventive maintenance activity
shall be eligible for Federal assistance under this title if the
State demonstrates to the satisfaction of the Secretary that the
activity is a cost-effective means of extending the useful life of
a Federal-aid highway.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86-70, Sec.
21(d)(2), (e)(3), June 25, 1959, 73 Stat. 145, 146; Pub. L. 90-495,
Sec. 26, Aug. 23, 1968, 82 Stat. 829; Pub. L. 95-599, title I, Sec.
124(d), Nov. 6, 1978, 92 Stat. 2705; Pub. L. 97-424, title I, Sec.
114, Jan. 6, 1983, 96 Stat. 2107; Pub. L. 100-17, title I, Sec.
125(b)(2), Apr. 2, 1987, 101 Stat. 167; Pub. L. 104-59, title III,
Sec. 309, Nov. 28, 1995, 109 Stat. 582; Pub. L. 105-178, title I,
Sec. 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109-59,
title I, Sec. 1111(b)(1), Aug. 10, 2005, 119 Stat. 1171.)
-MISC1-
AMENDMENTS
2005 - Subsec. (b). Pub. L. 109-59 substituted "such
transportation department" for "such highway department".
1998 - Subsecs. (a) to (c). Pub. L. 105-178 substituted "State
transportation department" for "State highway department".
1995 - Subsec. (d). Pub. L. 104-59 added subsec. (d).
1987 - Subsecs. (d), (e). Pub. L. 100-17 struck out subsecs. (d)
and (e) which read as follows:
"(d) The Secretary in consultation with the State highway
departments and interested and knowledgeable private organizations
and individuals shall as soon as possible establish national bridge
inspection standards in order to provide for the proper safety
inspection of bridges. Such standards shall specify in detail the
method by which inspections shall be conducted by the State highway
departments, the maximum time lapse between inspections and the
qualifications for those charged with the responsibility for
carrying out such inspections. Each State shall be required to
maintain written reports to be available to the Secretary pursuant
to such inspections together with a notation of the action taken
pursuant to the findings of such inspections. Each State shall be
required to maintain a current inventory of all bridges.
"(e) The Secretary shall establish in cooperation with the State
highway departments a program designed to train appropriate
employees of the Federal Government and the State governments to
carry out bridge inspections. Such a program shall be revised from
time to time in light of new or improved techniques. For the
purposes of this section the Secretary may use funds made available
pursuant to the provisions of section 104(a) and section 307(a) of
this title."
1983 - Subsec. (c). Pub. L. 97-424 substituted "State highway
district, municipality, county, other political or administrative
subdivision of the State, or the entire State in which such project
is located, whichever the Secretary deems most appropriate," for
"entire State" after "all types in the", and struck out exception
for a situation where such project was subject to an agreement
pursuant to subsection (b) of this section, in which case approval
was to have been withheld only for secondary or urban projects in
the county or municipality where such project is located.
1978 - Subsec. (d). Pub. L. 95-599 struck out provisions limiting
provisions of the subsection to the Federal-aid system.
1968 - Subsecs. (d), (e). Pub. L. 90-495 added subsecs. (d) and
(e).
1959 - Subsec. (a). Pub. L. 86-70, Sec. 21(e)(3), substituted
"It" for "Except as provided in subsection (d) of this section,
it".
Subsec. (d). Pub. L. 86-70, Sec. 21(d)(2), repealed subsec. (d)
which related to expenditure of funds apportioned to the Territory
of Alaska and contributed by the Territory for the maintenance of
roads.
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.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by section 21(d)(2) of Pub. L. 86-70 effective July 1,
1959, see section 21(d) of Pub. L. 86-70, set out as a note under
section 103 of this title.
Amendment by section 21(e)(3) of Pub. L. 86-70 effective July 1,
1959, see section 21(e) of Pub. L. 86-70, set out as a note under
section 101 of this title.
ESTABLISHMENT OF MINIMUM FEDERAL GUIDELINES FOR MAINTENANCE; STUDY
BY NATIONAL ACADEMY OF SCIENCES AND REPORT
Section 163 of Pub. L. 100-17 directed Secretary to enter into
appropriate arrangements with the National Academy of Sciences to
conduct a complete investigation of the appropriateness of
establishing minimum Federal guidelines for maintenance of the
Federal-aid primary, secondary, and urban systems and, not later
than 18 months after entering into appropriate arrangements, the
National Academy of Sciences was to submit to Secretary and
Congress a report on the results of the investigation and study
together with recommendations (including legislative and
administrative recommendations) concerning establishment of minimum
Federal guidelines for maintenance of the Federal-aid primary,
secondary, and urban systems.
-End-
-CITE-
23 USC Sec. 117 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 117. High priority projects program
-STATUTE-
(a) Authorization of High Priority Projects. -
(1) In general. - The Secretary is authorized to carry out high
priority projects with funds made available to carry out the high
priority projects program under this section.
(2) Availability of funds. -
(A) For tea-21. - Of amounts made available to carry out this
section for fiscal years 1998 through 2003, the Secretary,
subject to subsection (b), shall make available to carry out
each project described in section 1602 of the Transportation
Equity Act for the 21st Century (112 Stat. 257) the amount
listed for such project in such section.
(B) For safetea-lu. - Of amounts made available to carry out
this section for fiscal years 2005 through 2009, the Secretary,
subject to subsection (c), shall make available to carry out
each project described in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1256) the amount listed for such
project in such section.
(3) Availability of unallocated funds. - Any amounts made
available to carry out such program that are not allocated for
projects described in such section shall be available to the
Secretary, subject to subsection (b), to carry out such other
high priority projects as the Secretary determines appropriate.
(b) For TEA-21. - For each project to be carried out with funds
made available to carry out the high priority projects program
under this section for fiscal years 1998 through 2003 -
(1) 11 percent of such amount shall be available for obligation
beginning in fiscal year 1998;
(2) 15 percent of such amount shall be available for obligation
beginning in fiscal year 1999;
(3) 18 percent of such amount shall be available for obligation
beginning in fiscal year 2000;
(4) 18 percent of such amount shall be available for obligation
beginning in fiscal year 2001;
(5) 19 percent of such amount shall be available for obligation
beginning in fiscal year 2002; and
(6) 19 percent of such amount shall be available for obligation
beginning in fiscal year 2003.
(c) For SAFETEA-LU. - For each project to be carried out with
funds made available to carry out the high priority projects
program under this section for fiscal years 2005 through 2009 -
(1) 20 percent of such amount shall be available for obligation
beginning in fiscal year 2005;
(2) 20 percent of such amount shall be available for obligation
beginning in fiscal year 2006;
(3) 20 percent of such amount shall be available for obligation
beginning in fiscal year 2007;
(4) 20 percent of such amount shall be available for obligation
beginning in fiscal year 2008; and
(5) 20 percent of such amount shall be available for obligation
beginning in fiscal year 2009.
(d) Federal Share. - The Federal share payable on account of any
project carried out with funds made available to carry out this
section shall be 80 percent of the total cost thereof; except that
the Federal share on account of the project to be carried out under
item 1419 of the table contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat. 309),
relating to reconstruction of a road and causeway in Shiloh
Military Park in Hardin County, Tennessee, shall be 100 percent of
the total cost thereof.
(e) Delegation to States. - Subject to the provisions of this
title, the Secretary shall delegate responsibility for carrying out
a project or projects, with funds made available to carry out this
section, to the State in which such project or projects are located
upon request of such State.
(f) Advance Construction. - When a State which has been delegated
responsibility for a project under this section -
(1) has obligated all funds allocated under this section and
section 1602 of the Transportation Equity Act for the 21st
Century or section 1701 (!1) of the SAFETEA-LU, as the case may
be, for such project; and
(2) proceeds to construct such project without the aid of
Federal funds in accordance with all procedures and all
requirements applicable to such project, except insofar as such
procedures and requirements limit the State to the construction
of projects with the aid of Federal funds previously allocated to
it;
the Secretary, upon the approval of the application of a State,
shall pay to the State the Federal share of the cost of
construction of the project when additional funds are allocated for
such project under this section and such section 1602 or 1702, as
the case may be.
(g) Period of Availability. - Funds made available to carry out
this section shall remain available until expended.
(h) Availability of Obligation Limitation. - Obligation authority
attributable to funds made available to carry out this section
shall only be available for the purposes of this section and shall
remain available until obligated pursuant to section 1102(g) of the
Transportation Equity Act for the 21st Century or section 1102(g)
of the SAFETEA-LU, as the case may be.
(i) Treatment. - Funds allocated to a State in accordance with
this section shall be treated as amounts in addition to the amounts
a State is apportioned under sections 104, 105, and 144 for
programmatic purposes.
-SOURCE-
(Added Pub. L. 105-178, title I, Sec. 1601(a), June 9, 1998, 112
Stat. 255; amended Pub. L. 106-346, Sec. 101(a) [title III, Sec.
363], Oct. 23, 2000, 114 Stat. 1356, 1356A-36; Pub. L. 109-59,
title I, Sec. 1701(a)-(d), Aug. 10, 2005, 119 Stat. 1254-1256; Pub.
L. 110-244, title I, Sec. 101(k), June 6, 2008, 122 Stat. 1574.)
-REFTEXT-
REFERENCES IN TEXT
TEA-21 and the Transportation Equity Act for the 21st Century,
referred to in subsecs. (a)(2)(A), (b), (d), (f)(1), and (h), are
Pub. L. 105-178, June 9, 1998, 112 Stat. 107, as amended. Section
1102(g) of the Act was formerly set out as a note under section 104
of this title. Section 1602 of the Act, 112 Stat. 256, is not
classified to the Code. For complete classification of this Act to
the Code, see section 1(a) of Pub. L. 105-178, set out as a Short
Title of 1998 Amendment note under section 101 of this title and
Tables.
The SAFETEA-LU and the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users, referred to in
subsecs. (a)(2)(B), (c), (f)(1), and (h), are Pub. L. 109-59, Aug.
10, 2005, 119 Stat. 1144. Section 1102(g) of the Act is set out as
a note under section 104 of this title. Section 1702 of the Act,
119 Stat. 1256, is not classified to the Code. For complete
classification of this Act to the Code, see Short Title of 2005
Amendments note set out under section 101 of this title and Tables.
-MISC1-
PRIOR PROVISIONS
A prior section 117, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 897;
Pub. L. 93-87, title I, Sec. 116(a), Aug. 13, 1973, 87 Stat. 258;
Pub. L. 94-280, title I, Sec. 116, May 5, 1976, 90 Stat. 436; Pub.
L. 97-449, Sec. 5(d)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 102-
240, title I, Sec. 1016(f)(2), Dec. 18, 1991, 105 Stat. 1946,
related to certification acceptance, prior to repeal by Pub. L. 105-
178, title I, Sec. 1601(a), June 9, 1998, 112 Stat. 255.
AMENDMENTS
2008 - Subsec. (a)(2)(A). Pub. L. 110-244, Sec. 101(k)(3),
inserted "(112 Stat. 257)" after "21st Century".
Subsec. (a)(2)(B). Pub. L. 110-244, Sec. 101(k)(4), substituted
"subsection (c)" for "subsection (b)" and "Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(119 Stat. 1256)" for "SAFETEA-LU".
Subsecs. (c), (d). Pub. L. 110-244, Sec. 101(k)(2), redesignated
subsec. (c), relating to Federal share, as (d). Former subsec. (d)
redesignated (e).
Subsecs. (e) to (i). Pub. L. 110-244, Sec. 101(k)(1),
redesignated subsecs. (d) to (h) as (e) to (i), respectively.
2005 - Subsec. (a). Pub. L. 109-59, Sec. 1701(a), reenacted
heading without change and amended text of subsec. (a) generally.
Prior to amendment, text read as follows: "The Secretary is
authorized to carry out high priority projects with funds made
available to carry out the high priority projects program under
this section. Of amounts made available to carry out this section,
the Secretary, subject to subsection (b), shall make available to
carry out each project described in section 1602 of the
Transportation Equity Act for the 21st Century the amount listed
for such project in such section. Any amounts made available to
carry out such program that are not allocated for projects
described in such section shall be available to the Secretary,
subject to subsection (b), to carry out such other high priority
projects as the Secretary determines appropriate."
Subsec. (b). Pub. L. 109-59, Sec. 1701(b), amended heading and
text generally. Prior to amendment, text read as follows: "For each
project to be carried out with funds made available to carry out
the high priority projects program under this section -
"(1) 11 percent of such amount shall be available for
obligation beginning in fiscal year 1998;
"(2) 15 percent of such amount shall be available for
obligation beginning in fiscal year 1999;
"(3) 18 percent of such amount shall be available for
obligation beginning in fiscal year 2000;
"(4) 18 percent of such amount shall be available for
obligation beginning in fiscal year 2001;
"(5) 19 percent of such amount shall be available for
obligation beginning in fiscal year 2002; and
"(6) 19 percent of such amount shall be available for
obligation beginning in fiscal year 2003."
Subsec. (c). Pub. L. 109-59, Sec. 1701(b), added subsec. (c)
relating to SAFETEA-LU projects.
Subsec. (e). Pub. L. 109-59, Sec. 1701(c)(2), substituted "such
section 1602 or 1702, as the case may be" for "section 1602 of the
Transportation Equity Act for the 21st Century" in concluding
provisions.
Subsec. (e)(1). Pub. L. 109-59, Sec. 1701(c)(1), inserted "or
section 1701 of the SAFETEA-LU, as the case may be," after "21st
Century".
Subsec. (g). Pub. L. 109-59, Sec. 1701(d), inserted "or section
1102(g) of the SAFETEA-LU, as the case may be" before period at
end.
2000 - Subsec. (c). Pub. L. 106-346 inserted before period at end
"; except that the Federal share on account of the project to be
carried out under item 1419 of the table contained in section 1602
of the Transportation Equity Act for the 21st Century (112 Stat.
309), relating to reconstruction of a road and causeway in Shiloh
Military Park in Hardin County, Tennessee, shall be 100 percent of
the total cost thereof".
-FOOTNOTE-
(!1) So in original. Probably should be "1702".
-End-
-CITE-
23 USC Sec. 118 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 118. Availability of funds
-STATUTE-
(a) Date Available for Obligation. - Except as otherwise
specifically provided, authorizations from the Highway Trust Fund
(other than the Mass Transit Account) to carry out this title shall
be available for obligation on the date of their apportionment or
allocation or on October 1 of the fiscal year for which they are
authorized, whichever occurs first.
(b) Period of Availability. -
(1) Interstate construction funds. - Funds apportioned or
allocated for Interstate construction in a State (other than
Massachusetts) shall remain available for obligation in that
State until the last day of the fiscal year in which they are
apportioned or allocated. Sums not obligated by the last day of
the fiscal year in which they are apportioned or allocated shall
be allocated to other States, except Massachusetts, at the
discretion of the Secretary. All sums apportioned or allocated on
or after October 1, 1994, shall remain available in the State
until expended. All sums apportioned or allocated to
Massachusetts on or after October 1, 1989, shall remain available
until expended.
(2) Other funds. - Except as otherwise specifically provided,
funds apportioned or allocated pursuant to this title (other than
for Interstate construction) in a State shall remain available
for obligation in that State for a period of 3 years after the
last day of the fiscal year for which the funds are authorized.
Any amounts so apportioned or allocated that remain unobligated
at the end of that period shall lapse.
(c) Set Asides for Interstate Discretionary Projects. -
(1) In general. - Before any apportionment is made under
section 104(b)(4), the Secretary shall set aside $100,000,000 for
each of fiscal years 2005 through 2009 for obligation by the
Secretary for projects for resurfacing, restoring,
rehabilitating, and reconstructing any route or portion thereof
on the Interstate System (other than any highway designated as a
part of the Interstate System under section 139 (as in effect on
the day before the date of enactment of the Transportation Equity
Act for the 21st Century)) and any toll road on the Interstate
System not subject to an agreement under section 119(e) (as in
effect on December 17, 1991).
(2) Selection criteria. - The amounts set aside under paragraph
(1) shall be made available by the Secretary to any State
applying for such funds if the Secretary determines that -
(A) the State has obligated or demonstrates that it will
obligate in the fiscal year all of its apportionments under
section 104(b)(4) other than an amount that, by itself, is
insufficient to pay the Federal share of the cost of a project
for resurfacing, restoring, rehabilitating, and reconstructing
the Interstate System that has been submitted by the State to
the Secretary for approval; and
(B) the applicant is willing and able to -
(i) obligate the funds within 1 year of the date the funds
are made available;
(ii) apply the funds to a ready-to-commence project; and
(iii) in the case of construction work, begin work within
90 days after obligation.
(3) Priority consideration for certain projects. - In selecting
projects to fund under paragraph (1), the Secretary shall give
priority consideration to any project the cost of which exceeds
$10,000,000 on any high volume route in an urban area or a high
truck-volume route in a rural area.
(4) Period of availability of discretionary funds. - Sums made
available pursuant to this subsection shall remain available
until expended.
(d) Obligation and Release of Funds. -
(1) In general. - Funds apportioned or allocated to a State for
a purpose for any fiscal year shall be considered to be obligated
if a sum equal to the total of the funds apportioned or allocated
to the State for that purpose for that fiscal year and previous
fiscal years is obligated.
(2) Released funds. - Any funds released by the final payment
for a project, or by modifying the project agreement for a
project, shall be -
(A) credited to the same class of funds previously
apportioned or allocated to the State for the project; and
(B) immediately available for obligation.
(3) Net obligations. - Notwithstanding any other provision of
law (including a regulation), obligations recorded against funds
made available under this subsection shall be recorded and
reported as net obligations.
(e) (!1) Funds made available to the State of Alaska and the
Commonwealth of Puerto Rico under this title may be expended for
construction of access and development roads that will serve
resource development, recreational, residential, commercial,
industrial, or other like purposes.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 897; Pub. L. 89-574, Sec.
7(a), Sept. 13, 1966, 80 Stat. 768; Pub. L. 94-280, title I, Sec.
117(a), May 5, 1976, 90 Stat. 436; Pub. L. 95-599, title I, Sec.
115(a), Nov. 6, 1978, 92 Stat. 2697; Pub. L. 96-106, Sec. 5(a),
Nov. 9, 1979, 93 Stat. 797; Pub. L. 97-424, title I, Sec. 115, Jan.
6, 1983, 96 Stat. 2107; Pub. L. 100-17, title I, Secs. 114(a)-(c),
(e)(2)-(4), 115, Apr. 2, 1987, 101 Stat. 150-153; Pub. L. 102-240,
title I, Sec. 1020, Dec. 18, 1991, 105 Stat. 1948; Pub. L. 102-388,
title IV, Sec. 409, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 105-178,
title I, Secs. 1106(c)(1)(B), 1107(b), 1226(b), June 9, 1998, 112
Stat. 136, 137; Pub. L. 105-206, title IX, Sec. 9003(a), July 22,
1998, 112 Stat. 837; Pub. L. 109-59, title I, Secs. 1111(a),
1501(b), Aug. 10, 2005, 119 Stat. 1171, 1235.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of the Transportation Equity Act for the
21st Century, referred to in subsec. (c)(1), is the date of
enactment of Pub. L. 105-178, which was approved June 9, 1998.
-MISC1-
AMENDMENTS
2005 - Subsec. (c)(1). Pub. L. 109-59, Sec. 1111(a), substituted
"$100,000,000 for each of fiscal years 2005 through 2009" for
"$50,000,000 in fiscal year 1998 and $100,000,000 in each of fiscal
years 1999 through 2003".
Subsec. (d). Pub. L. 109-59, Sec. 1501(b), amended heading and
text of subsec. (d) generally. Prior to amendment, text read as
follows: "Any Federal-aid highway funds released by the final
payment on a project, or by the modification of the project
agreement, shall be credited to the same program funding category
previously apportioned to the State and shall be immediately
available for expenditure."
1998 - Subsec. (b). Pub. L. 105-178, Sec. 1226(b)(1), as added by
Pub. L. 105-206, Sec. 9003(a), struck out "; Discretionary
Projects" after "Availability" in heading.
Subsec. (c). Pub. L. 105-178, Sec. 1107(b), reenacted heading
without change and amended text of subsec. (c) generally. Prior to
amendment, text related to set asides for interstate discretionary
projects, including set asides for construction projects and for 4R
projects.
Subsec. (d). Pub. L. 105-178, Sec. 1106(c)(1)(B), which directed
the redesignation of subsec. (e) as (d) and the striking out of
former subsec. (d), was executed by redesignating the subsec. (e)
added by Pub. L. 105-178, Sec. 1226(b)(2) as (d), and striking out
former subsec. (d), to reflect the probable intent of Congress.
Former subsec. (d) read as follows: "In addition to amounts
otherwise available to carry out this section, an amount equal to
the amount by which the unobligated apportionment for the
Interstate System in any State is reduced under section 103(e)(4)
of this title on account of the withdrawal of a route or portion
thereof on the Interstate System, which withdrawal is approved
after the date of enactment of this subsection, shall be available
to the Secretary for obligation in accordance with subsection
(b)(1) of this section."
Subsec. (e). Pub. L. 105-178, Sec. 1106(c)(1)(B)(ii),
redesignated subsec. (f) as (e). Subsec. (e) as added by Pub. L.
105-178, Sec. 1226(b)(2), redesignated (d), to reflect the probable
intent of Congress.
Pub. L. 105-178, Sec. 1226(b)(2), as added by Pub. L. 105-226,
Sec. 9003(a), which directed the addition of subsec. (e) and the
striking out of former subsec. (e), was executed by adding subsec.
(e) and striking out the former subsec. (e) as in effect before the
redesignation of subsecs. (e) and (f) as (d) and (e), respectively,
by Pub. L. 105-178, Sec. 1106(c)(1)(B)(ii), to reflect the probable
intent of Congress. Former subsec. (e) read as follows: "The total
payments to any State shall not at any time during a current fiscal
year exceed the total of all apportionments to such State in
accordance with section 104 of this title for such fiscal year and
all preceding fiscal years."
Subsec. (f). Pub. L. 105-178, Sec. 1106(c)(1)(B)(ii),
redesignated subsec. (f) as (e).
1992 - Subsec. (b)(1). Pub. L. 102-388 substituted "construction
in a State (other than Massachusetts)" for "construction in a
State" and "after October 1, 1989" for "before October 1, 1989".
1991 - Subsec. (a). Pub. L. 102-240, Sec. 1020(a), added subsec.
(a) and struck out former subsec. (a) which read as follows: "On
and after the date that the Secretary has certified to each State
highway department the sums apportioned to each Federal-aid system
or part thereof pursuant to an authorization under this title, or
under prior Acts, such sums shall be available for expenditure
under the provisions of this title."
Subsec. (b). Pub. L. 102-240, Sec. 1020(a), added subsec. (b) and
struck out former subsec. (b) which contained provisions relating
to periods of availability of non-Interstate funds, Interstate
construction funds, and funds for resurfacing, restoring,
rehabilitating and reconstructing Interstate System, and provisions
deeming obligation of funds as equivalent to expenditure and
relating to effect of release of funds.
Subsec. (c)(1). Pub. L. 102-240, Sec. 1020(b)(1), (2),
substituted "1992" for "1983" and "$100,000,000" for
"$300,000,000".
Subsec. (c)(2). Pub. L. 102-240, Sec. 1020(b)(3), added par. (2)
and struck out former par. (2) which read as follows: "Set aside
for 4r projects. - Before any apportionment is made under section
104(b)(5)(B) of this title, the Secretary shall set aside
$200,000,000 for obligation by the Secretary in accordance with
subsection (b)(3) of this section and subject to section 149(d) of
the Federal-Aid Highway Act of 1987."
Subsec. (d). Pub. L. 102-240, Sec. 1020(c), substituted "(b)(1)"
for "(b)(2)".
Subsec. (f). Pub. L. 102-240, Sec. 1020(d), struck out "on a
Federal-aid system" after "roads".
1987 - Pub. L. 100-17, Sec. 114(e)(2), substituted "Availability
of funds" for "Availability of sums apportioned" in section
catchline.
Subsec. (b). Pub. L. 100-17, Sec. 114(e)(3)(A), inserted heading.
Subsec. (b)(1). Pub. L. 100-17, Sec. 114(e)(3)(B), (D), inserted
heading and aligned par. (1) with par. (2) as amended.
Subsec. (b)(2). Pub. L. 100-17, Sec. 114(a), amended par. (2)
generally, revising and restating as subpars. (A) to (F) provisions
formerly contained in an undivided paragraph.
Subsec. (b)(3). Pub. L. 100-17, Sec. 114(c), amended par. (3)
generally, revising and restating as subpars. (A) to (D) provisions
formerly contained in an undivided paragraph.
Subsec. (b)(4). Pub. L. 100-17, Sec. 114(e)(3)(C), (D), inserted
heading and aligned par. (4) with par. (2) as amended.
Subsec. (c). Pub. L. 100-17, Sec. 114(b), (e)(4), inserted
heading, designated existing provisions as par. (1), inserted par.
(1) heading, substituted "Subject to section 149(d) of the Federal-
Aid Highway Act of 1987, such amount" for "Such amount" in par.
(1), added par. (2), and aligned par. (1) with par. (2).
Subsec. (f). Pub. L. 100-17, Sec. 115, inserted "and the
Commonwealth of Puerto Rico" after "the State of Alaska".
1983 - Subsec. (b). Pub. L. 97-424, Sec. 115(a), designated
existing provisions as pars. (1) through (4), in par. (2) as so
designated, substituted "for projects on the Interstate System
(other than projects for which sums are apportioned under section
104(b)(5)(B)) in accordance with the following priorities: First,
for high cost projects which directly contribute to the completion
of an Interstate segment which is not open to traffic; and second,
for projects of high cost in relation to a State's apportionment.
Sums may only be made available under this paragraph in any State"
for "to any other State applying for such funds for the Interstate
System," after "available by the Secretary", struck out former cl.
(1), which had required readiness to obligate funds within one year
of the date the funds are made available, redesignated former cls.
(2) and (3) as (A) and (B), respectively; and in par. (3) as so
designated, struck out "and any amounts so apportioned remaining
unexpended at the end of such period shall lapse" after "such sums
are authorized", inserted provision relating to the disposition of
funds not obligated within the prescribed time period, and inserted
further provision that sums made available under this paragraph
shall remain available until expended.
Subsecs. (c) to (f). Pub. L. 97-424, Sec. 115(b), added subsecs.
(c) and (d) and redesignated former subsecs. (c) and (d) as (e) and
(f), respectively.
1979 - Subsec. (b). Pub. L. 96-106 substituted "shall continue to
be available for expenditure in that State for a period of two
years after the close of the fiscal year for which such sums are
authorized and any amounts so apportioned remaining unexpended at
the end of such period shall lapse" for "remaining unexpended at
the end of the period of its availability shall lapse".
1978 - Subsec. (b). Pub. L. 95-599 substituted provisions
relating to the availability of funds until the end of the fiscal
year for provisions relating to the availability of funds until two
years after the close of the fiscal year and substituted provisions
establishing requirements for eligibility for funds for provisions
calling for immediate reapportionment of unexpended funds.
1976 - Subsec. (b). Pub. L. 94-280, in revising text, provided
for a separate three year period of availability of sums
apportioned to a Federal-aid system (other than the Interstate
System), increased from the previously applicable two year period;
continued the existing two year period for sums apportioned to the
Interstate System; substituted provision for reapportionment of
sums, apportioned to the States for the Interstate System under
section 104(b)(4)(A), under section 104(b)(5)(A) of this title and
for lapse of sums apportioned to the Interstate System under
section 104(b)(4)(B) of this title for prior provision for
reapportionment of sums, apportioned to the States for the
Interstate System under section 104(b)(4) and (5), under section
104(b)(5) of this title; and substituted provisions deeming there
to be an expenditure of sums apportioned to a Federal-aid system if
a sum equal to the total of the sums apportioned to the State for
the fiscal year and previous fiscal years is obligated for prior
provision deeming an expenditure to exist if a sum equal to the
total of the sums apportioned to the States for the fiscal year and
previous fiscal years is covered by formal project agreements
providing for the expenditure of funds authorized by each Act which
contains provisions authorizing the appropriation of funds for
Federal-aid highways.
1966 - Subsec. (d). Pub. L. 89-574 added subsec. (d).
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Section 5(b) of Pub. L. 96-106 provided that: "The amendment made
by subsection (a) of this section [amending this section] shall
apply to all amounts apportioned under section 104(b)(5)(B) of
title 23, United States Code, for the fiscal year 1978 and for
subsequent fiscal years."
USE OF EXCESS FUNDS AND FUNDS FOR INACTIVE PROJECTS
Pub. L. 109-59, title I, Sec. 1603, Aug. 10, 2005, 119 Stat.
1248, provided that:
"(a) Definitions. - In this section, the following definitions
apply:
"(1) Eligible funds. -
"(A) In general. - The term 'eligible funds' means excess
funds or inactive funds for a specific transportation project
or activity that were -
"(i) allocated before fiscal year 1991; and
"(ii) designated in a public law, or a report accompanying
a public law, for allocation for the specific surface
transportation project or activity.
"(B) Inclusion. - The term 'eligible funds' includes funds
described in subparagraph (A) that were allocated and
designated for a demonstration project.
"(2) Excess funds. - The term 'excess funds' means -
"(A) funds obligated for a specific transportation project or
activity that remain available for the project or activity
after the project or activity has been completed or canceled;
or
"(B) an unobligated balance of funds allocated for a
transportation project or activity that the State in which the
project or activity was to be carried out certifies are no
longer needed for the project or activity.
"(3) Inactive funds. - The term 'inactive funds' means -
"(A) an obligated balance of Federal funds for an eligible
transportation project or activity against which no
expenditures have been charged during any 1-year period
beginning after the date of obligation of the funds; and
"(B) funds that are available to carry out a transportation
project or activity in a State, but, as certified by the State,
are unlikely to be advanced for the project or activity during
the 1-year period beginning on the date of certification.
"(b) Availability for STP Purposes. - Eligible funds shall be -
"(1) made available in accordance with this section to the
State that originally received the funds; and
"(2) available for obligation for any eligible purpose under
section 133 of title 23, United States Code.
"(c) Retention for Original Purpose. -
"(1) In general. - The Secretary [of Transportation] may
determine that eligible funds identified as inactive funds shall
remain available for the purpose for which the funds were
initially made available if the applicable State certifies that
the funds are necessary for that initial purpose.
"(2) Report. - A certification provided by a State under
paragraph (1) shall include a report on the status of, and an
estimated completion date for, the project that is the subject of
the certification.
"(d) Authority to Obligate. - Notwithstanding the original source
or period of availability of eligible funds, the Secretary [of
Transportation] may, on the request by a State -
"(1) obligate the funds for any eligible purpose under section
133 of title 23, United States Code; or
"(2)(A) deobligate the funds; and
"(B) reobligate the funds for any eligible purpose under that
section.
"(e) Applicability. -
"(1) In general. - Subject to paragraph (2), this section
applies only to eligible funds.
"(2) Discretionary allocations; section 125 projects. - This
section does not apply to funds that are -
"(A) allocated at the discretion of the Secretary [of
Transportation] and for which the Secretary has the authority
to withdraw the allocation for use on other projects; or
"(B) made available to carry out projects under section 125
of title 23, United States Code.
"(f) Period of Availability; Title 23 Requirements. -
"(1) In general. - Notwithstanding the original source or
period of availability of eligible funds obligated, or
deobligated and reobligated, under subsection (d), the eligible
funds -
"(A) shall remain available for obligation for a period of 3
fiscal years after the fiscal year in which this Act is
enacted; and
"(B) except as provided in paragraph (2), shall be subject to
the requirements of title 23, United States Code, that apply to
section 133 of that title, including provisions relating to
Federal share.
"(2) Exception. - With respect to eligible funds described in
paragraph (1) -
"(A) section 133(d) of title 23, United States Code, shall
not apply; and
"(B) the period of availability of the eligible funds shall
be determined in accordance with this section.
"(g) Report. - Not later than 1 year after the date of enactment
of this Act [Aug. 10, 2005], and annually thereafter, the Secretary
[of Transportation] shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
describing any action taken by the Secretary under this section.
"(h) Sense of Congress Regarding Use of Eligible Funds. - It is
the sense of Congress that eligible funds made available under this
Act [see Tables for classification] or title 23, United States
Code, should be available for obligation for transportation
projects and activities in the same geographic region for which the
eligible funds were initially made available."
-FOOTNOTE-
(!1) See 1998 Amendment note below.
-End-
-CITE-
23 USC Sec. 119 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 119. Interstate maintenance program
-STATUTE-
(a) In General. -
(1) Projects. - The Secretary may approve projects for
resurfacing, restoring, rehabilitating, and reconstructing -
(A) routes on the Interstate System designated under section
103(c)(1) and, in Alaska and Puerto Rico, under section
103(c)(4)(A);
(B) routes on the Interstate System designated before the
date of enactment of the Transportation Equity Act for the 21st
Century under subsections (a) and (b) of section 139 (as in
effect on the day before the date of enactment of such Act);
and
(C) any segments that become part of the Interstate System
under section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991.
(2) Toll roads. - The Secretary may approve a project pursuant
to this subsection on a toll road only if such road is subject to
a Secretarial agreement provided for in section 129 or continued
in effect by section 1012(d) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1939) and not
voided by the Secretary under section 120(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 159).
(3) Funding. - Sums authorized to be appropriated to carry out
this section shall be out of the Highway Trust Fund and shall be
apportioned in accordance with section 104(b)(4).
(b) Transfer of Interstate Construction Apportionments. - Upon
application by a State (other than the State of Massachusetts) and
approval by the Secretary, the Secretary may transfer to the
apportionments to such State under section 104(b)(1) or 104(b)(4)
any amount of the funds apportioned to such State for any fiscal
year under section 104(b)(5)(A) (as in effect on the date before
the date of enactment of the Transportation Equity Act for the 21st
Century) if such amount does not exceed the Federal share of the
costs of construction of segments of the Interstate System open to
traffic in such State (other than high occupancy vehicle lanes)
included in the most recent interstate cost estimate. Upon transfer
of such amount, the construction on which such amount is based on
open-to-traffic segments of the Interstate System in such State as
included in the latest interstate cost estimate shall be ineligible
and shall not be included in future interstate cost estimates
approved or adjusted under section 104(b)(5)(A) (as in effect on
the date before the date of enactment of the Transportation Equity
Act for the 21st Century).
(c) Transfer of Funds for Surface Transportation Program
Projects. -
(1) Upon certification acceptance. - If a State certifies to
the Secretary that any part of the sums apportioned to the State
under section 104(b)(4) of this title are in excess of the needs
of the State for resurfacing, restoring, or rehabilitating
Interstate System routes and the State is adequately maintaining
the Interstate System and the Secretary accepts such
certification, the State may transfer such excess part to its
apportionment under sections 104(b)(1) and 104(b)(3).
(2) Unconditional. - Notwithstanding paragraph (1), a State may
transfer to its apportionment under sections 104(b)(1) and
104(b)(3) of this title -
(A) in fiscal year 1987, an amount not to exceed 20 percent
of the funds apportioned to the State under section 104(b)(4)
which are not obligated at the time of the transfer; and
(B) in any fiscal year thereafter, an amount not to exceed 20
percent of the funds apportioned to the State under section
104(b)(4) for such fiscal year.
(d) Limitation on New Capacity. - Notwithstanding any other
provision of this title, the portion of the cost of any project
undertaken pursuant to this section that is attributable to the
expansion of the capacity of any Interstate highway or bridge,
where such new capacity consists of one or more new travel lanes
that are not high-occupancy vehicle lanes or auxiliary lanes, shall
not be eligible for funding under this section.
-SOURCE-
(Added Pub. L. 95-599, title I, Sec. 116(a), Nov. 6, 1978, 92 Stat.
2698; amended Pub. L. 96-106, Sec. 18, Nov. 9, 1979, 93 Stat. 799;
Pub. L. 97-134, Secs. 6, 7, Dec. 29, 1981, 95 Stat. 1701; Pub. L.
97-424, title I, Sec. 116(a)(1), (2), (b), (c), Jan. 6, 1983, 96
Stat. 2109; Pub. L. 98-229, Sec. 8(b), Mar. 9, 1984, 98 Stat. 56;
Pub. L. 99-190, Sec. 101(e) [title III, Sec. 327], Dec. 19, 1985,
99 Stat. 1267, 1289; Pub. L. 100-17, title I, Sec. 116(a)-(c)(1),
Apr. 2, 1987, 101 Stat. 154, 155; Pub. L. 100-202, Sec. 101(l)
[title III, Sec. 347(b)], Dec. 22, 1987, 101 Stat. 1329-358, 1329-
388; Pub. L. 102-240, title I, Sec. 1009(a), (b), (e)(1), (3)-(5),
Dec. 18, 1991, 105 Stat. 1933, 1934; Pub. L. 105-178, title I, Sec.
1107(a), (d), June 9, 1998, 112 Stat. 137; Pub. L. 105-206, title
IX, Sec. 9002(f), July 22, 1998, 112 Stat. 836.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of the Transportation Equity Act for the
21st Century, referred to in subsecs. (a)(1)(B) and (b), is the
date of enactment of Pub. L. 105-178, which was approved June 9,
1998.
Section 1105(e)(5) of the Intermodal Surface Transportation
Efficiency Act of 1991, referred to in subsec. (a)(1)(C), is
section 1105(e)(5) of Pub. L. 102-240 (see 109 Stat. 597) which is
not classified to the Code.
Section 1012(d) of the Intermodal Surface Transportation
Efficiency Act of 1991, referred to in subsec. (a)(2), is section
1012(d) of Pub. L. 102-240, which is set out as a note under
section 129 of this title.
Section 120(c) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987, referred to in subsec. (a)(2),
is section 120(c) of Pub. L. 100-17, which is not classified to the
Code.
-MISC1-
PRIOR PROVISIONS
A prior section 119, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 899,
related to administration of Federal aid for highways in Alaska,
prior to repeal by Pub. L. 86-70, Sec. 21(d)(3), June 25, 1959, 73
Stat. 145, effective July 1, 1959.
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1107(a)(1), added
subsec. (a) and struck out former subsec. (a) which read as
follows: "The Secretary may approve projects for resurfacing,
restoring and rehabilitating routes on the Interstate System
designated under sections 103 and 139(c) of this title and routes
on the Interstate System designated before the date of enactment of
this sentence under section 139(a) and (b) of this title; except
that the Secretary may only approve a project pursuant to this
subsection on a toll road if such road is subject to a Secretarial
agreement provided for in subsection (e). Sums authorized to be
appropriated for this section shall be out of the Highway Trust
Fund and shall be apportioned in accordance with section
104(b)(5)(B) of this title."
Subsec. (b). Pub. L. 105-178, Sec. 1107(d)(1), as added by Pub.
L. 105-206, Sec. 9002(f), substituted "104(b)(4)" for
"104(b)(5)(B)" in first sentence and "104(b)(5)(A) (as in effect on
the date before the date of enactment of the Transportation Equity
Act for the 21st Century)" for "104(b)(5)(A)" in two places.
Pub. L. 105-178, Sec. 1107(a)(2), (3), redesignated subsec. (d)
as (b) and struck out former subsec. (b) which read as follows:
"Not later than one year after the date of issuance of initial
guidelines under section 109(m) of this title each State shall have
a program for the Interstate system in accordance with such
guidelines. Each State shall certify on January 1st of each year
that it has such a program and the Interstate system is maintained
in accordance with that program. If a State fails to certify as
required or if the Secretary determines a State is not adequately
maintaining the Interstate system in accordance with such program
then the next apportionment of funds to such State for the
Interstate system shall be reduced by amounts equal to 10 per
centum of the amount which would otherwise be apportioned to such
State under section 104 of this title. If, within one year from the
date the apportionment for a State is reduced under this
subsection, the Secretary determines that such State is maintaining
the Interstate system in accordance with the guidelines the
apportionment of such State shall be increased by an amount equal
to the reduction. If the Secretary does not make such a
determination within such one year period the amount so withheld
shall be reapportioned to all other eligible States."
Subsec. (c). Pub. L. 105-178, Sec. 1107(d)(2), as added by Pub.
L. 105-206, Sec. 9002(f), substituted "104(b)(4)" for
"104(b)(5)(B)" wherever appearing.
Pub. L. 105-178, Sec. 1107(a)(2), (3), redesignated subsec. (f)
as (c) and struck out heading and text of former subsec. (c). Text
read as follows: "Activities authorized in subsection (a) may
include the reconstruction of bridges, interchanges, and over
crossings along existing Interstate routes, including the
acquisition of right-of-way where necessary, but shall not include
the construction of new travel lanes other than high occupancy
vehicle lanes or auxiliary lanes."
Subsec. (d). Pub. L. 105-178, Sec. 1107(a)(3), redesignated
subsec. (g) as (d). Former subsec. (d) redesignated (b).
Subsec. (e). Pub. L. 105-178, Sec. 1107(a)(2), struck out heading
and text of subsec. (e). Text read as follows: "Preventive
maintenance activities shall be eligible under this section when a
State can demonstrate, through its pavement management system, that
such activities are a cost-effective means of extending Interstate
pavement life."
Subsecs. (f), (g). Pub. L. 105-178, Sec. 1107(a)(3), redesignated
subsecs. (f) and (g) as (c) and (d), respectively.
1991 - Pub. L. 102-240, Sec. 1009(e)(1), substituted "maintenance
program" for "System resurfacing" in section catchline.
Subsec. (a). Pub. L. 102-240, Sec. 1009(e)(5)(A), (B),
substituted "and rehabilitating" for ", rehabilitating, and
reconstructing" and struck out at end "The Federal share for any
project under this subsection shall be that set forth in section
120(c) of this title."
Subsec. (c). Pub. L. 102-240, Sec. 1009(e)(3), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as follows:
"Reconstructing as authorized in subsection (a) of this section may
include, but is not limited to, the addition of travel lanes and
the construction and reconstruction of interchanges and
overcrossings along existing completed interstate routes, including
the acquisition of right-of-way where necessary."
Subsec. (e). Pub. L. 102-240, Sec. 1009(e)(4), amended subsec.
(e) generally, substituting present provisions for provisions
authorizing Secretary to approve projects on toll roads only after
reaching agreement with State highway department and public
authorities that road will become free upon collection of tolls
sufficient to liquidate cost of road and outstanding bonds and cost
of maintenance, operation and debt service during period of toll
collections, provisions relating to repayment to Federal Treasury,
or reduction in apportionment, if road did not become free after
collection of sufficient tolls, and provisions requiring pre-
existing agreements to be treated as agreements under subsec. (e).
Subsec. (f). Pub. L. 102-240, Sec. 1009(e)(5)(C), substituted
"Surface Transportation Program" for "Primary System" in heading.
Subsec. (f)(1). Pub. L. 102-240, Sec. 1009(b), (e)(5)(D), (E),
substituted "or rehabilitating" for "rehabilitating, or
reconstructing", substituted "sections 104(b)(1) and 104(b)(3)" for
"section 104(b)(1)", and inserted "the State is adequately
maintaining the Interstate System and" after "routes and".
Subsec. (f)(2). Pub. L. 102-240, Sec. 1009(e)(5)(E), substituted
"sections 104(b)(1) and 104(b)(3)" for "section 104(b)(1)" in
introductory provisions.
Subsec. (g). Pub. L. 102-240, Sec. 1009(a), added subsec. (g).
1987 - Subsec. (a). Pub. L. 100-17, Sec. 116(c)(1), substituted
"subsection (e)" for "section 105 of the Federal-Aid Highway Act of
1978".
Subsec. (d). Pub. L. 100-17, Sec. 116(a), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "Upon
application by a State and approval by the Secretary, the Secretary
may authorize the transfer of so much of the amount apportioned to
such State for any fiscal year under paragraph (5)(A) of subsection
(b) of section 104 of this title, as does not exceed the Federal
share of the cost of segments of the Interstate System open to
traffic in such State (other than high occupancy vehicle lanes), in
the most recent cost estimate, to the apportionment under paragraph
(5)(B) of subsection (b) of section 104 of this title, except that
not more than 50 per centum of the total apportionment under such
paragraph (5)(A) for a fiscal year shall be transferred under this
subsection for such fiscal year. The next cost estimate submitted
to Congress under paragraph (5)(A) of subsection (b) of such
section 104 of the cost of completing segments of the Interstate
System open to traffic in that State (other than high occupancy
vehicle lanes) shall be reduced for such State in an amount equal
to the amount transferred under this subsection. Notwithstanding
any other provision of law, and for the purposes of this
subsection, the phrase 'segments of the interstate system open to
traffic' shall include a proposed four-lane, limited access
highway, 6.4 miles in length, the construction of which will
relocate to a southern alignment a portion of an existing
interstate highway which was originally built without the aid of
funds authorized by section 108(b) of the Federal-Aid Highway Act
of 1956, as amended, and which connects to the east with an
interstate highway on which tolls are charged. The construction of
the proposed highway shall include a bridge over the Monongahela
River."
Subsec. (e). Pub. L. 100-17, Sec. 116(b), added subsec. (e).
Subsec. (f). Pub. L. 100-202 substituted "amount not to exceed"
for "amount equal to" in par. (2)(B).
Pub. L. 100-17, Sec. 116(b), added subsec. (f).
1985 - Subsec. (d). Pub. L. 99-190 inserted provisions which
brought within the phrase "segments of the interstate system open
to traffic" a proposed four-lane limited access highway, 6.4 miles
in length, the construction of which will relocate to a southern
alignment a portion of an existing highway originally built without
the aid of Federal funds, connecting to the east with an interstate
highway on which tolls are charged, with the proposed highway to
include a bridge over the Monongahela River.
1984 - Subsec. (a). Pub. L. 98-229 substituted provision
authorizing the Secretary to approve projects designated under
sections 103 and 139(c) of this title and routes on the Interstate
System designated before Mar. 9, 1984, under section 139(a) and (b)
of this title for provision authorizing the Secretary, beginning
with funds apportioned for the fiscal year 1980, to approve
projects under sections 103 and 139(c) of this title and, beginning
with funds apportioned for fiscal year 1984, to approve routes or
portions thereof on the Interstate System designated before Jan. 6,
1983, under section 139(a) of this title, which routes or portions
were so designated in conjunction with the withdrawal of approval
of another route or portion on the Interstate System under section
103(e)(4) of this title and provision that the Federal share be
that as set forth in section 120(c) of this title for provision
that the Federal share be that as set forth in section 120(a) of
this title and that effective on or after Dec. 29, 1981, the
Federal share be that as set forth in section 120(c) of this title.
1983 - Subsec. (a). Pub. L. 97-424, Sec. 116(a)(1), inserted
provision that, additionally, beginning with funds apportioned for
fiscal year 1984, the Secretary may approve projects for
resurfacing, restoring, rehabilitating, and reconstructing those
routes or portions thereof on the Interstate System designated
before Jan. 6, 1983, under section 139(a) of this title (other than
routes on toll roads not subject to a Secretarial agreement
provided for in section 105 of the Federal-Aid Highway Act of 1978)
which routes or portions were so designated in conjunction with the
withdrawal of approval of another route or portion thereof on the
Interstate System under section 103(e)(4) of this title.
Pub. L. 97-424, Sec. 116(a)(2), substituted "under this
subsection" for "designated under sections 103 and 139(c) of this
title" before "shall be that set forth in section 120(c) of this
title".
Subsecs. (b), (c). Pub. L. 97-424, Sec. 116(b), redesignated the
second of two sections designated (b) as (c).
Subsec. (d). Pub. L. 97-424, Sec. 116(c), added subsec. (d).
1981 - Subsec. (a). Pub. L. 97-134, Secs. 6(a), 7, substituted
"rehabilitating, and reconstructing routes of the Interstate System
designated under sections 103 and 139(c) of this title" for "and
rehabilitating those lanes in use for more than five years on the
Interstate System", and inserted provision that effective on and
after Dec. 29, 1981, the Federal share for projects financed by
funds apportioned under section 104(b)(5)(B) of this title for
resurfacing, restoring, rehabilitating, and reconstructing routes
of the Interstate System designated under sections 103 and 139(c)
of this title shall be that set forth in section 120(c) of this
title.
Subsec. (b). Pub. L. 97-134, Sec. 6(b), added subsec. (b)
providing that reconstruction may include the addition of travel
lanes and the construction and reconstruction of interchanges and
overcrossings along existing completed interstate routes, including
the acquisition of right-of-way where necessary.
1979 - Subsec. (b). Pub. L. 96-106 substituted "January 1st" for
"October 1st" and "next apportionment of funds to such State" for
"funds apportioned to such State for that fiscal year".
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
INTERSTATE NEEDS STUDY
Pub. L. 105-178, title I, Sec. 1107(c), June 9, 1998, 112 Stat.
138, provided that:
"(1) Study. - The Secretary shall conduct, in cooperation with
States and affected metropolitan planning organizations, a study to
determine -
"(A) the expected condition of the Interstate System over the
next 10 years and the needs of States and metropolitan planning
organizations to reconstruct and improve the Interstate System;
"(B) the resources necessary to maintain and improve the
Interstate System; and
"(C) the means to ensure that the Nation's surface
transportation program can -
"(i) address the needs identified in subparagraph (A); and
"(ii) allow for States to address any extraordinary needs.
"(2) Report. - Not later than January 1, 2000, the Secretary
shall transmit to Congress a report on the results of the study."
GUIDANCE TO STATES
Section 1009(c) of Pub. L. 102-240 provided that: "The Secretary
shall develop and make available to the States criteria for
determining -
"(1) what share of any project funded under section 119 of
title 23, United States Code, is attributable to the expansion of
the capacity of an Interstate highway or bridge; and
"(2) what constitutes adequate maintenance of the Interstate
System for the purposes of section 119(f)(1) of title 23, United
States Code."
INNOVATIVE TECHNOLOGIES
Section 142 of Pub. L. 97-424 provided that:
"(a) The Congress hereby finds and declares that it is in the
national interest to encourage and promote utilization by the
States of highway and bridge surfacing, resurfacing, or restoration
materials which are produced from recycled materials or which
contain asphalt additives to strengthen the materials. Such
materials conserve energy and reduce the cost of resurfacing or
restoring our highways.
"(b) The Secretary of Transportation is hereby authorized for
each of the fiscal years through September 30, 1985, to increase
the Federal share as provided in sections 119, 120, and 144 of
title 23, United States Code, by 5 per centum of any project
submitted by the State highway departments which contains in the
plans, specifications, and estimates submitted pursuant to section
106, of title 23, United States Code, the use of the materials
described in subsection (a). To be eligible for such supplemental
Federal assistance, significant amounts of asphalt additives or
recycled materials must be used in each project approved by the
Secretary.
"(c) The Secretary shall establish a procedure within ninety days
of the date of enactment of this Act [Jan. 6, 1983] for increasing
the Federal share under this section."
-End-
-CITE-
23 USC Sec. 120 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 120. Federal share payable
-STATUTE-
(a) Interstate System Projects. -
(1) In general. - Except as otherwise provided in this chapter,
the Federal share payable on account of any project on the
Interstate System (including a project to add high occupancy
vehicle lanes and a project to add auxiliary lanes but excluding
a project to add any other lanes) shall be 90 percent of the
total cost thereof, plus a percentage of the remaining 10 percent
of such cost in any State containing unappropriated and
unreserved public lands and nontaxable Indian lands, individual
and tribal, exceeding 5 percent of the total area of all lands
therein, equal to the percentage that the area of such lands in
such State is of its total area; except that such Federal share
payable on any project in any State shall not exceed 95 percent
of the total cost of such project.
(2) State-determined lower federal share. - In the case of any
project subject to paragraph (1), a State may determine a lower
Federal share than the Federal share determined under such
paragraph.
(b) Other Projects. - Except as otherwise provided in this title,
the Federal share payable on account of any project or activity
carried out under this title (other than a project subject to
subsection (a)) shall be -
(1) 80 percent of the cost thereof, except that in the case of
any State containing nontaxable Indian lands, individual and
tribal, and public domain lands (both reserved and unreserved)
exclusive of national forests and national parks and monuments,
exceeding 5 percent of the total area of all lands therein, the
Federal share, for purposes of this chapter, shall be increased
by a percentage of the remaining cost equal to the percentage
that the area of all such lands in such State, is of its total
area; or
(2) 80 percent of the cost thereof, except that in the case of
any State containing nontaxable Indian lands, individual and
tribal, public domain lands (both reserved and unreserved),
national forests, and national parks and monuments, the Federal
share, for purposes of this chapter, shall be increased by a
percentage of the remaining cost equal to the percentage that the
area of all such lands in such State is of its total area;
except that the Federal share payable on any project in a State
shall not exceed 95 percent of the total cost of any such project.
In any case where a State elects to have the Federal share provided
in paragraph (2) of this subsection, the State must enter into an
agreement with the Secretary covering a period of not less than 1
year, requiring such State to use solely for purposes eligible for
assistance under this title (other than paying its share of
projects approved under this title) during the period covered by
such agreement the difference between the State's share as provided
in paragraph (2) and what its share would be if it elected to pay
the share provided in paragraph (1) for all projects subject to
such agreement. In the case of any project subject to this
subsection, a State may determine a lower Federal share than the
Federal share determined under the preceding sentences of this
subsection.
(c) Increased Federal Share. -
(1) Certain safety projects. - The Federal share payable on
account of any project for traffic control signalization, traffic
circles (also known as "roundabouts"), safety rest areas,
pavement marking, commuter carpooling and vanpooling, rail-
highway crossing closure, or installation of traffic signs,
traffic lights, guardrails, impact attenuators, concrete barrier
endtreatments, breakaway utility poles, or priority control
systems for emergency vehicles or transit vehicles at signalized
intersections may amount to 100 percent of the cost of
construction of such projects; except that not more than 10
percent of all sums apportioned for all the Federal-aid systems
for any fiscal year in accordance with section 104 of this title
shall be used under this subsection. In this subsection, the term
"safety rest area" means an area where motor vehicle operators
can park their vehicles and rest, where food, fuel, and lodging
services are not available, and that is located on a segment of
highway with respect to which the Secretary determines there is a
shortage of public and private areas at which motor vehicle
operators can park their vehicles and rest.
(2) CMAQ projects. - The Federal share payable on account of a
project or program carried out under section 149 with funds
obligated in fiscal year 2008 or 2009, or both, shall be not less
than 80 percent and, at the discretion of the State, may be up to
100 percent of the cost thereof.
(d) The Secretary may rely on a statement from the Secretary of
the Interior as to the area of the lands referred to in subsections
(a) and (b) of this section. The Secretary of the Interior is
authorized and directed to provide such statement annually.
(e) Emergency Relief. - The Federal share payable on account of
any repair or reconstruction provided for by funds made available
under section 125 of this title on account of any project on a
Federal-aid highway, including the Interstate System, shall not
exceed the Federal share payable on a project on such highway as
provided in subsections (a) and (b) of this section; except that
(1) the Federal share payable for eligible emergency repairs to
minimize damage, protect facilities, or restore essential traffic
accomplished within 180 days after the actual occurrence of the
natural disaster or catastrophic failure may amount to 100 percent
of the costs thereof; and (2) the Federal share payable on account
of any repair or reconstruction of forest highways, forest
development roads and trails, park roads and trails, parkways,
public lands highways, public lands development roads and trails,
and Indian reservation roads may amount to 100 percent of the cost
thereof. The total cost of a project may not exceed the cost of
repair or reconstruction of a comparable facility. As used in this
section with respect to bridges and in section 144 of this title,
"a comparable facility" shall mean a facility which meets the
current geometric and construction standards required for the types
and volume of traffic which such facility will carry over its
design life.
(f) The Secretary is authorized to cooperate with the State
transportation departments and with the Department of the Interior
in the construction of Federal-aid highways within Indian
reservations and national parks and monuments under the
jurisdiction of the Department of the Interior and to pay the
amount assumed therefor from the funds apportioned in accordance
with section 104 of this title to the State wherein the
reservations and national parks and monuments are located.
(g) At the request of any State, the Secretary may from time to
time enter into agreements with such State to reimburse the State
for the Federal share of the costs of preliminary and construction
engineering at an agreed percentage of actual construction costs
for each project, in lieu of the actual engineering costs for such
project. The Secretary shall annually review each such agreement to
insure that such percentage reasonably represents the engineering
costs actually incurred by such State.
(h) Notwithstanding any other provision of this section or of
this title, the Federal share payable on account of any project
under this title in the Virgin Islands, Guam, American Samoa, or
the Commonwealth of the Northern Mariana Islands shall be 100 per
centum of the total cost of the project.
(i) Increased Non-Federal Share. - Notwithstanding any other
provision of this title and subject to such criteria as the
Secretary may establish, a State may contribute an amount in excess
of the non-Federal share of a project under this title so as to
decrease the Federal share payable on such project.
(j) Credit for Non-Federal Share. -
(1) Eligibility. -
(A) In general. - A State may use as a credit toward the non-
Federal share requirement for any funds made available to
carry out this title (other than the emergency relief program
authorized by section 125 and the Appalachian development
highway system program under section 14501 of title 40) or
chapter 53 of title 49 toll revenues that are generated and
used by public, quasi-public, and private agencies to build,
improve, or maintain highways, bridges, or tunnels that serve
the public purpose of interstate commerce.
(B) Special rule for use of federal funds. - If the public,
quasi-public, or private agency has built, improved, or
maintained the facility using Federal funds, the credit under
this paragraph shall be reduced by a percentage equal to the
percentage of the total cost of building, improving, or
maintaining the facility that was derived from Federal funds.
(C) Federal funds defined. - In this paragraph, the term
"Federal funds" does not include loans of Federal funds or
other financial assistance that must be repaid to the
Government.
(2) Maintenance of effort. -
(A) In general. - The credit for any non-Federal share
provided under this subsection shall not reduce nor replace
State funds required to match Federal funds for any program
under this title.
(B) Condition on receipt of credit. - To receive a credit
under paragraph (1) for a fiscal year, a State shall enter into
such agreement as the Secretary may require to ensure that the
State will maintain its non-Federal transportation capital
expenditures in such fiscal year at or above the average level
of such expenditures for the preceding 3 fiscal years; except
that if, for any 1 of the preceding 3 fiscal years, the non-
Federal transportation capital expenditures of the State were
at a level that was greater than 130 percent of the average
level of such expenditures for the other 2 of the preceding 3
fiscal years, the agreement shall ensure that the State will
maintain its non-Federal transportation capital expenditures in
the fiscal year of the credit at or above the average level of
such expenditures for the other 2 fiscal years.
(C) Transportation capital expenditures defined. - In
subparagraph (B), the term "non-Federal transportation capital
expenditures" includes any payments made by the State for
issuance of transportation-related bonds.
(3) Treatment. -
(A) Limitation on liability. - Use of a credit for a non-
Federal share under this subsection that is received from a
public, quasi-public, or private agency -
(i) shall not expose the agency to additional liability,
additional regulation, or additional administrative
oversight; and
(ii) shall not subject the agency to any additional Federal
design standards or laws (including regulations) as a result
of providing the non-Federal share other than those to which
the agency is already subject.
(B) Chartered multistate agencies. - When a credit that is
received from a chartered multistate agency is applied to a non-
Federal share under this subsection, such credit shall be
applied equally to all charter States.
(k) Use of Federal Land Management Agency Funds. -
Notwithstanding any other provision of law, the funds appropriated
to any Federal land management agency may be used to pay the non-
Federal share of the cost of any project the Federal share of
which is funded under this title or chapter 53 of title 49.
(l) Use of Federal Lands Highways Program Funds. -
Notwithstanding any other provision of law, the funds authorized to
be appropriated to carry out the Federal lands highways program
under section 204 may be used to pay the non-Federal share of the
cost of any project that is funded under this title or chapter 53
of title 49 and that provides access to or within Federal or Indian
lands.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 898; Pub. L. 86-70, Sec.
21(d)(4), (e)(4), June 25, 1959, 73 Stat. 145, 146; Pub. L. 86-342,
title I, Sec. 107(b), Sept. 21, 1959, 73 Stat. 613; Pub. L. 86-657,
Sec. 3, July 14, 1960, 74 Stat. 522; Pub. L. 88-658, Oct. 13, 1964,
78 Stat. 1090; Pub. L. 89-574, Sec. 9(a), Sept. 13, 1966, 80 Stat.
769; Pub. L. 90-495, Secs. 27(b), 34, Aug. 23, 1968, 82 Stat. 829,
835; Pub. L. 91-605, title I, Secs. 106(f), 108(a), 109(b), 128,
Dec. 31, 1970, 84 Stat. 1718, 1719, 1731; Pub. L. 95-599, title I,
Secs. 117, 129(a)-(c), (i), Nov. 6, 1978, 92 Stat. 2699, 2707,
2708; Pub. L. 97-424, title I, Secs. 109(b), 117, 123(a), 153(f),
156(c), Jan. 6, 1983, 96 Stat. 2105, 2109, 2113, 2133, 2134; Pub.
L. 98-78, title III, Sec. 318, Aug. 15, 1983, 97 Stat. 473; Pub. L.
100-17, title I, Sec. 117(a)-(c)(1), (d), (e), Apr. 2, 1987, 101
Stat. 155, 156; Pub. L. 102-240, title I, Secs. 1021(a), (b),
1022(a), Dec. 18, 1991, 105 Stat. 1950, 1951; Pub. L. 104-59, title
III, Sec. 310(a), Nov. 28, 1995, 109 Stat. 582; Pub. L. 104-205,
title III, Sec. 353(a), Sept. 30, 1996, 110 Stat. 2980; Pub. L. 105-
178, title I, Secs. 1111(a)-(c), 1113(a), (c), formerly (d),
1115(a), (f)(1), 1212(a)(2)(A)(ii), June 9, 1998, 112 Stat. 145,
151, 152, 154, 193; Pub. L. 105-206, title IX, Secs. 9002(i),
9006(a)(2), July 22, 1998, 112 Stat. 836, 848; Pub. L. 109-59,
title I, Secs. 1111(b)(2), 1116(c), 1119(a), 1905, 1947, Aug. 10,
2005, 119 Stat. 1171, 1177, 1181, 1467, 1513; Pub. L. 110-140,
title XI, Sec. 1131, Dec. 19, 2007, 121 Stat. 1763.)
-MISC1-
AMENDMENTS
2007 - Subsec. (c). Pub. L. 110-140 struck out "for Certain
Safety Projects" after "Share" in subsec. heading, designated
existing provisions as par. (1), inserted par. (1) heading, and
added par. (2).
2005 - Subsec. (c). Pub. L. 109-59, Sec. 1947, inserted "traffic
circles (also known as 'roundabouts')," after "traffic control
signalization,".
Subsec. (e). Pub. L. 109-59, Sec. 1111(b)(2), substituted "such
highway" for "such system" in first sentence.
Subsec. (j). Pub. L. 109-59, Sec. 1116(c), inserted "and the
Appalachian development highway system program under section 14501
of title 40" after "section 125".
Subsec. (j)(1). Pub. L. 109-59, Sec. 1905, designated existing
provisions as subpar. (A), inserted heading, and substituted
subpars. (B) and (C) for "Such public, quasi-public, or private
agencies shall have built, improved, or maintained such facilities
without Federal funds."
Subsec. (k). Pub. L. 109-59, Sec. 1119(a)(1), struck out "Federal-
aid highway" before "project" and substituted "this title or
chapter 53 of title 49" for "section 104".
Subsec. (l). Pub. L. 109-59, Sec. 1119(a)(2), substituted "this
title or chapter 53 of title 49" for "section 104".
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1111(a)(1), designated
existing provisions as par. (1), inserted heading, realigned
margins, and added par. (2).
Subsec. (b). Pub. L. 105-178, Sec. 1111(a)(2), inserted at end of
concluding provisions "In the case of any project subject to this
subsection, a State may determine a lower Federal share than the
Federal share determined under the preceding sentences of this
subsection."
Subsec. (c). Pub. L. 105-178, Sec. 1111(b), inserted "or transit
vehicles" after "emergency vehicles" in first sentence.
Subsec. (e). Pub. L. 105-178, Sec. 1113(c), formerly Sec.
1113(d), renumbered Sec. 1113(c) by Pub. L. 105-206, Sec.
9006(a)(2), substituted "and (b)" for "and (c)" and "180 days" for
"90 days".
Pub. L. 105-178, Sec. 1113(a), substituted "highway" for "highway
system" in first sentence.
Subsec. (f). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii), substituted
"State transportation departments" for "State highway departments".
Subsec. (j). Pub. L. 105-178, Sec. 1115(f)(1), as added by Pub.
L. 105-206, Sec. 9002(i), redesignated subsec. (j), relating to use
of Federal land management agency funds, as (k).
Pub. L. 105-178, Sec. 1115(a), added subsec. (j) relating to use
of Federal land management agency funds.
Pub. L. 105-178, Sec. 1111(c), added subsec. (j) relating to
credit for non-Federal share.
Subsec. (k). Pub. L. 105-178, Sec. 1115(f)(1), as added by Pub.
L. 105-206, Sec. 9002(i), redesignated subsec. (j), relating to use
of Federal land management agency funds, as (k). Former subsec. (k)
redesignated (l).
Pub. L. 105-178, Sec. 1115(a), added subsec. (k).
Subsec. (l). Pub. L. 105-178, Sec. 1115(f)(1), as added by Pub.
L. 105-206, Sec. 9002(i), redesignated subsec. (k) as (l).
1996 - Subsec. (c). Pub. L. 104-205 inserted "rail-highway
crossing closure," after "carpooling and vanpooling,".
1995 - Subsec. (c). Pub. L. 104-59 inserted "safety rest areas,"
after "signalization," and inserted sentence at end defining
"safety rest area".
1991 - Subsecs. (a) to (c). Pub. L. 102-240, Sec. 1021(a), added
subsecs. (a) to (c) and struck out former subsec. (a) which
contained provisions relating to Federal share of Federal-aid
primary, secondary and urban system projects, former subsec. (b)
which contained provisions relating to Federal share of Interstate
System projects financed with funds authorized to be appropriated
prior to June 29, 1956, and former subsec. (c) which contained
provisions relating to Federal share of Interstate System projects
financed with funds made available under section 108(b) of the
Federal-Aid Highway Act of 1956.
Subsec. (d). Pub. L. 102-240, Sec. 1022(a), which directed the
substitution of "180 days" for "90 days" in subsec. (d) as
redesignated, could not be executed because the phrase "90 days"
does not appear in subsec. (d) as redesignated.
Pub. L. 102-240, Sec. 1021(b)(3), which directed the substitution
of "and (b)" for "and (c)" in subsec. (d) as redesignated, could
not be executed because the phrase "and (c)" does not appear in
subsec. (d) as redesignated.
Pub. L. 102-240, Sec. 1021(a), (b)(2), redesignated subsec. (e)
as (d) and struck out former subsec. (d) which related to Federal
share for projects for railway-highway crossing elimination,
traffic control signalization, pavement marking, carpooling and
vanpooling, and installation of traffic signs, highway lights,
guardrails, and impact attenuators.
Subsec. (e). Pub. L. 102-240, Sec. 1021(b)(2), redesignated
subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsecs. (f) to (h). Pub. L. 102-240, Sec. 1021(b)(2),
redesignated subsecs. (g) to (i) as (f) to (h), respectively.
Former subsec. (f) redesignated (e).
Subsec. (i). Pub. L. 102-240, Sec. 1021(b)(2), redesignated
subsec. (n) as (i). Former subsec. (i) redesignated (h).
Subsecs. (j) to (m). Pub. L. 102-240, Sec. 1021(b)(1), struck out
subsec. (j) which related to Federal share of project financed
under section 307(c) of this title, subsec. (k) which related to
Federal share of projects under sections 143 and 155 of this title
and projects for priority primary routes under section 147 of this
title, subsec. (l) which related to Federal share of projects to
reconstruct, resurface, restore and rehabilitate highways which
incurred substantial use as result of transportation activities to
meet national energy requirements, and subsec. (m) which related to
Federal share of Great River Road projects under section 148 of
this title.
Subsec. (n). Pub. L. 102-240, Sec. 1021(b)(2), redesignated
subsec. (n) as (i).
1987 - Subsec. (d). Pub. L. 100-17, Sec. 117(a), inserted "or for
installation of traffic signs, highway lights, guardrails, or
impact attenuators" after "vanpooling".
Subsec. (f). Pub. L. 100-17, Sec. 117(c)(1), inserted heading and
amended first sentence generally. Prior to amendment, first
sentence read as follows: "The Federal share payable on account of
any repair or reconstruction provided for by funds made available
under section 125 of this title shall not exceed 100 per centum of
the cost thereof: Provided, That the Federal share payable on
account of any repair or reconstruction of forest highways, forest
development roads and trails, park roads and trails, parkways,
public lands highways, public lands development roads and trails,
and Indian reservation roads may amount to 100 per centum of the
cost thereof."
Subsecs. (i), (j). Pub. L. 100-17, Sec. 117(b), redesignated
subsec. (i) relating to Federal share payable on account of any
project financed under section 307(c) of this title, as subsec.
(j). Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 100-17, Sec. 117(b), (d)(1), redesignated
former subsec. (j) as (k) and substituted "(j)" for "(i)", "and
155" for ", 148, and 155," and "100-3" for "97-61". Former subsec.
(k) redesignated (l).
Subsec. (l). Pub. L. 100-17, Sec. 117(b), redesignated former
subsec. (k) as (l).
Subsec. (m). Pub. L. 100-17, Sec. 117(d)(2), added subsec. (m).
Subsec. (n). Pub. L. 100-17, Sec. 117(e), added subsec. (n).
1983 - Subsec. (j). Pub. L. 98-78 inserted ", and for funds
allocated under the provisions of section 155 of this title and
obligated subsequent to January 6, 1983," after "Representatives".
1983 - Subsec. (c). Pub. L. 97-424, Sec. 117(a), inserted
provision at end that, notwithstanding subsection (a) of this
section, the Federal share payable on account of any project
financed with primary funds on the Interstate System for
resurfacing, restoring, rehabilitating, and reconstructing shall be
the percentage provided in this subsection.
Subsec. (d). Pub. L. 97-424, Sec. 117(b), inserted "or for
pavement marking" after "signalization", and provision that the
Federal share payable on account of any project for traffic control
signalization under section 103(e)(4) of this title may amount to
100 per centum of the cost of construction of such project.
Pub. L. 97-424, Sec. 123(a), inserted "or for commuter carpooling
and vanpooling" before ", may amount to 100 per centum".
Subsec. (f). Pub. L. 97-424, Sec. 153(f), substituted "100 per
centum" for "75 per centum" after "shall not exceed", struck out
provision that in the case of any State containing nontaxable
Indian lands, individual and tribal, and public domain lands (both
reserved and unreserved) exclusive of national forests and national
parks and monuments exceeding 5 per centum of the total area of all
lands therein, the Federal share would be increased by a percentage
of the remaining cost equal to the percentage that the area of all
such lands in such State is of its total area, struck out ",
whether or not such highways, roads, or trails are on any Federal-
aid highway system" after "may amount to 100 per centum of the
cost thereof", substituted provision that the total cost of a
project may not exceed the cost of repair or reconstruction of a
comparable facility for provision that the Secretary might increase
the Federal share payable on account of any repair or
reconstruction under this section up to 100 per centum of the
replacement cost of a comparable facility if he determined it to be
in the public interest, and struck out provision that any project
agreement for which the final voucher had not been approved by the
Secretary on or before the date of this Act might be modified to
provide for the Federal share authorized herein.
Subsec. (i). Pub. L. 97-424, Sec. 156(c), added subsec. (i)
relating to Federal share payable for any project financed under
section 307(c) of this title.
Subsec. (j). Pub. L. 97-424, Sec. 117(c), added subsec. (j).
Subsec. (k). Pub. L. 97-424, Sec. 109(b), added subsec. (k).
1978 - Subsec. (a). Pub. L. 95-599, Sec. 129(a), substituted "75
per centum" for "70 per centum" wherever appearing.
Subsec. (d). Pub. L. 95-599 Secs. 117, 129(b), inserted "and for
any project for traffic control signalization," after "section 130
of this title,", and substituted "75 per centum" for "70 per
centum."
Subsec. (f). Pub. L. 95-599, Sec. 129(c), substituted "75 per
centum" for "70 per centum" wherever appearing.
Subsec. (i). Pub. L. 95-599, Sec. 129(i), added subsec. (i)
relating to Federal share payable for any project in the Virgin
Islands, etc.
1970 - Subsec. (a). Pub. L. 91-605, Secs. 106(f), 108(a),
inserted reference to the Federal-aid urban system, and substituted
"70 per centum" for "50 per centum" in two places.
Subsec. (d). Pub. L. 91-605, Sec. 108(a), substituted "70 per
centum" for "50 per centum".
Subsec. (f). Pub. L. 91-605, Secs. 108(a), 109(b), inserted
definition of "a comparable facility" and substituted "70 per
centum" for "50 per centum".
Subsec. (h). Pub. L. 91-605, Sec. 128, added subsec. (h).
1968 - Subsec. (a). Pub. L. 90-495, Sec. 34, made provision for
an election by the States as to the formula it desired to have its
Federal share computed under by adding an optional formula
permitting an increase in the Federal share by a percentage of the
remaining cost equal to the percentage that the area of specified
lands is of the State's total, but not so as to increase the share
beyond 95 percent of the total cost of the project, with States
exercising the option required to enter into an agreement to use
the difference solely for highway construction purposes.
Subsec. (f). Pub. L. 90-495, Sec. 27(b), authorized the Secretary
to increase the Federal share payable on account of any repair or
reconstruction under this section up to 100 per centum of the
replacement cost of a comparable facility if he determines that it
is in the public interest.
1966 - Subsec. (f). Pub. L. 89-574 added parkways, public land
highways, public lands development roads, and trails to the list of
road projects on the repair or reconstruction of which the Federal
share payable may amount to 100 per centum of the cost.
1964 - Subsec. (f). Pub. L. 88-658 provided that in case of any
State containing nontaxable Indian lands, and public domain lands
exclusive of national forests and national parks and monuments
exceeding 5 per centum of the total area of all lands therein, the
Federal share shall be increased by a percentage of the remaining
cost equal to the percentage that the area of all such lands in
such State, is of its total area.
1960 - Subsec. (a). Pub. L. 86-657 substituted "nontaxable Indian
lands, individual and tribal, and public domain lands (both
reserved and unreserved) exclusive of national forests and national
parks and monuments" for "unappropriated and unreserved public
lands and nontaxable Indian lands, individual and tribal".
1959 - Subsec. (a). Pub. L. 86-70, Sec. 21(e)(4), substituted
"subsection (d) of this section" for "subsections (d) and (h) of
this section".
Subsec. (f). Pub. L. 86-342 provided that the Federal share
payable on account of any repair or reconstruction of forest
highways, forest development roads and trails, park roads and
trails, and Indian reservation roads may amount to 100 per centum
of the cost thereof, whether or not such highways, roads or trails
are on any Federal-aid highway system.
Subsec. (h). Pub. L. 86-70, Sec. 21(d)(4), repealed subsec. (h)
which related to contributions by the Territory of Alaska and to
the expenditure of Federal funds apportioned to the Territory of
Alaska and funds contributed by the Territory.
EFFECTIVE DATE OF 2007 AMENDMENT
Amendment by Pub. L. 110-140 effective on the date that is 1 day
after Dec. 19, 2007, see section 1601 of Pub. L. 110-140, set out
as an Effective Date note under section 1824 of Title 2, The
Congress.
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 1021 of Pub. L. 102-240 effective Dec. 18,
1991, and applicable to funds authorized to be appropriated or made
available after Sept. 30, 1991, and, with certain exceptions, not
applicable to funds appropriated or made available on or before
Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as a
note under section 104 of this title.
Section 1022(c) of Pub. L. 102-240 provided that: "The amendments
made by subsections (a) and (b) [amending this section and section
125 of this title] shall only apply to natural disasters and
catastrophic failures occurring after the date of the enactment of
this Act [Dec. 18, 1991]."
EFFECTIVE DATE OF 1987 AMENDMENT
Section 117(c)(2) of Pub. L. 100-17 provided that: "The amendment
made by paragraph (1) [amending this section] shall apply to all
natural disasters and catastrophic failures which occur after the
date of the enactment of this Act [Apr. 2, 1987]."
EFFECTIVE DATE OF 1978 AMENDMENT
Section 129(h) of Pub. L. 95-599 provided that: "The amendments
made by subsections (a) through (g) of this section [amending this
section and sections 148, 155, 215, and 406 of this title] shall
take effect with respect to obligations incurred after the date of
enactment of this section [Nov. 6, 1978]."
EFFECTIVE DATE OF 1970 AMENDMENT
Section 108(b) of Pub. L. 91-605, as amended by Pub. L. 93-87,
title I, Sec. 153, Aug. 13, 1973, 87 Stat. 276, provided that: "The
amendments made by subsection (a) of this section [amending this
section] shall take effect with respect to all obligations incurred
after June 30, 1973."
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by section 27(b) of Pub. L. 90-495 applicable to repair
or construction with respect to which project agreements have been
entered into on or before Jan. 1, 1968, see section 27(c) of Pub.
L. 90-495, set out as a note under section 125 of this title.
Amendment by section 34 of 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.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by section 21(d)(4) of Pub. L. 86-70 effective July 1,
1959, see section 21(d) of Pub. L. 86-70, set out as a note under
section 103 of this title.
Amendment by section 21(e)(4) of Pub. L. 86-70 effective July 1,
1959, see section 12(e) of Pub. L. 86-70, set out as a note under
section 101 of this title.
CREDIT FOR NON-FEDERAL SHARE
Section 1044 of Pub. L. 102-240 provided that:
"(a) Eligibility. - A State may use as a credit toward the non-
Federal matching share requirement for all programs under this Act
[see Short Title of 1991 Amendment note set out under section 101
of Title 49, Transportation] and title 23, United States Code, toll
revenues that are generated and used by public, quasi-public and
private agencies to build, improve, or maintain highways, bridges,
or tunnels that serve the public purpose of interstate commerce.
Such public, quasi-public or private agencies shall have built,
improved, or maintained such facilities without Federal funds.
"(b) Maintenance of Effort. - The credit for any non-Federal
share shall not reduce nor replace State monies required to match
Federal funds for any program pursuant to this Act or title 23,
United States Code. In receiving a credit for non-Federal capital
expenditures under this section, a State shall enter into such
agreements as the Secretary may require to ensure that such State
will maintain its non-Federal transportation capital expenditures
at or above the average level of such expenditures for the
preceding three fiscal years.
"(c) Treatment. - Use of such credit for a non-Federal share
shall not expose such agencies from which the credit is received to
additional liability, additional regulation or additional
administrative oversight. When credit is applied from chartered
multi-State agencies, such credit shall be applied equally to all
charter States. The public, quasi-public, and private agencies from
which the credit for which the non-Federal share is calculated
shall not be subject to any additional Federal design standards,
laws or regulations as a result of providing non-Federal match
other than those to which such agency is already subject."
TEMPORARY MATCHING FUND WAIVER
Section 1054 of title I of Pub. L. 102-240 provided that:
"(a) Waiver of Matching Share. - Notwithstanding any other
provision of law, the Federal share of any qualifying project
approved by the Secretary under title 23, United States Code, and
of any qualifying project for which the United States becomes
obligated to pay under title 23, United States Code, during the
period beginning on October 1, 1991, and ending September 30, 1993,
shall be the percentage of the construction cost as the State
requests, up to and including 100 percent.
"(b) Repayment. - The total amount of increases in the Federal
share made pursuant to subsection (a) for any State shall be repaid
to the United States by the State on or before March 30, 1994.
Payments shall be deposited in the Highway Trust Fund and repaid
amounts shall be credited to the appropriate apportionment accounts
of the State.
"(c) Deduction From Apportionments. - If a State has not made the
repayment as required by subsection (b), the Secretary shall deduct
from funds apportioned to the State under title 23, United States
Code, in each of the fiscal years 1995 and 1996, a pro rata share
of each category of apportioned funds. The amount which shall be
deducted in each fiscal year shall be equal to 50 percent of the
amount needed for repayment. Any amount deducted under this
subsection shall be reapportioned for fiscal years 1995 and 1996 in
accordance with title 23, United States Code, to those States which
have not received a higher Federal share under this section and to
those States which have made the repayment required by subsection
(b).
"(d) Qualifying Project Defined. - For purposes of this section,
the term 'qualifying project' means a project approved by the
Secretary after the effective date of this title [Dec. 18, 1991],
or a project for which the United States becomes obligated to pay
after such effective date, and for which the Governor of the State
submitting the project has certified, in accordance with
regulations established by the Secretary, that sufficient funds are
not available to pay the cost of the non-Federal share of the
project."
INCENTIVE PROGRAM FOR USE OF COAL ASH
Section 117(f) of Pub. L. 100-17 provided that: "Notwithstanding
sections 119, 120, and 144 of title 23, United States Code, in each
of fiscal years 1987, 1988, 1989, 1990, and 1991, the percentage
specified in such sections as the Federal share of the cost payable
on account of any highway or bridge construction project in which
materials produced from coal ash are used in significant amounts
shall be increased by adding 5 percent to such percentage; except
that in no case shall the Federal share payable on account of any
project exceed 95 percent of the cost of such project as a result
of increasing such Federal share under this subsection."
OBLIGATIONS FOR PROJECTS RESULTING FROM NATURAL DISASTERS OR
CATASTROPHIC FAILURES; EMERGENCY RELIEF; FEDERAL SHARE
Section 153(g) of Pub. L. 97-424 provided that: "All obligations
for projects resulting from a natural disaster or catastrophic
failure which the Secretary finds to be eligible for emergency
relief subsequent to the date of enactment of this subsection [Jan.
6, 1983] shall provide for the Federal share required by subsection
(f) of section 120 of title 23, United States Code, as amended by
this section."
FEDERAL SHARE OF PROJECTS APPROVED DURING PERIOD BEGINNING FEBRUARY
12, 1975, AND ENDING SEPTEMBER 30, 1975
Pub. L. 94-30, Secs. 1, 2, June 4, 1975, 89 Stat. 171, as amended
by Pub. L. 94-280, title I, Sec. 145, May 5, 1976, 90 Stat. 446,
provided for Federal share of projects approved under section
106(a) of this title, and projects for which United States becomes
obligated under section 117 of this title during the period
beginning Feb. 12, 1975, and ending Sept. 30, 1975, and repayment
schedule for States from Jan. 1, 1977, through Jan. 1, 1979.
REVIEW AND ANALYSIS OF EXCISE TAXES DEDICATED TO HIGHWAY TRUST FUND
Section 507 of Pub. L. 95-599 provided that:
"(a) In General. - The Secretary of the Treasury, in consultation
with the Secretary of Transportation and the staff of the Joint
Committee on Taxation, shall -
"(1) review and analyze each excise tax now dedicated to the
Highway Trust Fund with respect to such factors as ease or
difficulty of administration of such tax and the compliance
burdens imposed on taxpayers by such tax, and
"(2) on or before April 15, 1982, report to the Committee on
Ways and Means of the House of Representatives and the Committee
on Finance of the Senate as to the matters set forth in paragraph
(1) and other findings, as well as recommendations on -
"(A) improvements in excise taxation which would enhance tax
administration, equity, and compliance, or
"(B) a new system of raising revenues to fund the Highway
Trust Fund which would meet the objectives set forth in
subparagraph (A).
The recommendations described in paragraph (2) shall be formulated
in conjunction with the recommendations of the cost allocation
study under section 506 set out as note under section 307 of this
title of the equitable distribution of the highway excise taxes.
"(b) Interim Reports. - The Secretary of the Treasury, in
consultation with the Secretary of Transportation and the staff of
the Joint Committee on Taxation, shall file an interim report with
the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate on or before April 15, 1980,
and a second interim report on or before April 15, 1981."
HIGHWAY TRUST FUND
Section 209 of act June 29, 1956, ch. 462, title II, 70 Stat.
397, as amended by Pub. L. 86-342, title II, Sec. 202, Sept. 21,
1959, 73 Stat. 615; Pub. L. 86-346, title I, Sec. 104(5), Sept. 22,
1959, 73 Stat. 622; Pub. L. 86-440, Sec. 1(c), Apr. 22, 1960, 74
Stat. 81; Pub. L. 87-61, title II, Sec. 207, June 29, 1961, 75
Stat. 128; Pub. L. 88-578, title II, Sec. 202, Sept. 3, 1964, 78
Stat. 904; Pub. L. 89-44, title II, Sec. 210, title VIII, Sec.
809(e), June 21, 1965, 79 Stat. 144, 168; Pub. L. 91-258, title II,
Secs. 207(e), 208(g), May 21, 1970, 84 Stat. 249, 252; Pub. L. 91-
605, title III, Sec. 301, Dec. 31, 1970, 84 Stat. 1743; Pub. L. 94-
273, Sec. 18, Apr. 21, 1976, 90 Stat. 379; Pub. L. 94-280, title
III, Sec. 301, May 5, 1976, 90 Stat. 456; Pub. L. 95-599, title V,
Secs. 503(a), 504(a), Nov. 6, 1978, 92 Stat. 2757; Pub. L. 95-618,
title II, Sec. 233(b)(2)(E), Nov. 9, 1978, 92 Stat. 3191; Pub. L.
96-451, title II, Sec. 203(a), Oct. 14, 1980, 94 Stat. 1988; Pub.
L. 97-424, title V, Sec. 531(b), Jan. 6, 1983, 96 Stat. 2191; Pub.
L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439, provided that:
"(a) [Repealed. Pub. L. 97-424, title V, Sec. 531(b), Jan. 6,
1983, 96 Stat. 2191. Subsec. (a) provided for the creation of a
Highway Trust Fund.]
"(b) Declaration of Policy. - It is hereby declared to be the
policy of the Congress that if it hereafter appears -
"(1) that the total receipts of the Trust Fund (exclusive of
advances under subsection (d) will be less than the total
expenditures from such Fund (exclusive of repayments of such
advances); or
"(2) that the distribution of the tax burden among the various
classes of persons using the Federal-aid highways, or otherwise
deriving benefits from such highways, is not equitable, the
Congress shall enact legislation in order to bring about a
balance of total receipts and total expenditures, or such
equitable distribution, as the case may be.
"(c) to (g) [Repealed. Pub. L. 97-424, title V, Sec. 531(b), Jan.
6, 1983, 96 Stat. 2191. Subsecs. (c) to (g) provided generally for
the transfer of the equivalent of the receipts of certain taxes to
the Fund, for additional appropriations to the Fund, for its
management, methods and purposes of expenditures, and for
adjustment of apportionments regarding the Fund.]"
Section 203(b) of Pub. L. 96-451 provided that: "The amendment
made by subsection (a) [amending former subsec. (f)(5) of section
209 of Act June 29, 1956] shall apply to taxes received on or after
October 1, 1980."
Section 504(b) of Pub. L. 95-599 provided that: "The amendment
made by subsection (a) [amending former subsec. (g) of section 209
of Act June 29, 1956] shall apply to fiscal years beginning after
September 30, 1978."
Pub. L. 91-258, title II, Sec. 208(g), May 21, 1970, 84 Stat.
252, which added subsec. (c)(5) of section 209 of the Act of June
29, 1956, ch. 462, title II, 70 Stat. 397, was repealed by Pub. L.
97-248, title II, Sec. 281(b), Sept. 3, 1982, 96 Stat. 566.
PERCENTAGE OF FUNDS CONTRIBUTED BY ALASKA
Section 21(d)(4) of Pub. L. 86-70, which repealed subsec. (h) of
this section, provided in part that the provisions of subsec. (h)
relating to the percentage of funds to be contributed by Alaska
shall continue to apply to funds apportioned to Alaska for fiscal
year 1960 and prior fiscal years.
-End-
-CITE-
23 USC Sec. 121 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 121. Payment to States for construction
-STATUTE-
(a) In General. - The Secretary, from time to time as the work
progresses, may make payments to a State for costs of construction
incurred by the State on a project. Such payments may also be made
for the value of the materials -
(1) that have been stockpiled in the vicinity of the
construction in conformity to plans and specifications for the
projects; and
(2) that are not in the vicinity of the construction if the
Secretary determines that because of required fabrication at an
off-site location the material cannot be stockpiled in such
vicinity.
(b) Project Agreement. - No payment shall be made under this
chapter except for a project covered by a project agreement. After
completion of the project in accordance with the project agreement,
a State shall be entitled to payment out of the appropriate sums
apportioned or allocated to the State of the unpaid balance of the
Federal share payable for such project.
(c) Such payments shall be made to such official or officials or
depository as may be designated by the State transportation
department and authorized under the laws of the State to receive
public funds of the State.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 899; Pub. L. 88-157, Sec.
7(b), Oct. 24, 1963, 77 Stat. 278; Pub. L. 93-87, title I, Sec.
117, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94-280, title I, Sec.
118(a), May 5, 1976, 90 Stat. 437; Pub. L. 100-17, title I, Sec.
133(b)(6), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102-240, title I,
Sec. 1018(b), Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105-178, title
I, Secs. 1212(a)(2)(A)(i), 1302, June 9, 1998, 112 Stat. 193, 226.)
-MISC1-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1302(1), added subsec.
(a) and struck out former subsec. (a) which read as follows: "The
Secretary may, in his discretion, from time to time as the work
progresses, make payments to a State for costs of construction
incurred by it on a project. These payments shall at no time exceed
the Federal share of the costs of construction incurred to the date
of the voucher covering such payment plus the Federal share of the
value of the materials which have been stockpiled in the vicinity
of such construction in conformity to plans and specifications for
the project. Such payments may also be made in the case of any such
materials not in the vicinity of such construction if the Secretary
determines that because of required fabrication at an off-site
location the materials cannot be stockpiled in such vicinity."
Subsec. (b). Pub. L. 105-178, Sec. 1302(1), added subsec. (b) and
struck out former subsec. (b) which read as follows: "After
completion of a project in accordance with the plans and
specifications, and approval of the final voucher by the Secretary,
a State shall be entitled to payment out of the appropriate sums
apportioned to it of the unpaid balance of the Federal share
payable on account of such project."
Subsec. (c). Pub. L. 105-178, Sec. 1302(2), (3), redesignated
subsec. (e) as (c) and struck out former subsec. (c) which read as
follows: "No payment shall be made under this chapter, except for a
project located on a Federal-aid system and covered by a project
agreement. No final payment shall be made to a State for its costs
of construction of a project until the completion of the
construction has been approved by the Secretary following
inspections pursuant to section 114(a) of this title."
Subsec. (d). Pub. L. 105-178, Sec. 1302(2), struck out subsec.
(d) which read as follows: "In making payments pursuant to this
section, the Secretary shall be bound by the limitations with
respect to the permissible amounts of such payments continued in
sections 106(c), 120, and 130 of this title."
Subsec. (e). Pub. L. 105-178, Sec. 1302(3), redesignated subsec.
(e) as (c).
Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted "State
transportation department" for "State highway department".
1991 - Subsec. (d). Pub. L. 102-240 substituted "106(c), 120,"
for "120" and struck out at end "Payments for construction
engineering on any project financed with Federal-aid highway funds
shall not exceed 15 percent of the Federal share of the cost of
construction of such project after excluding from the cost of
construction the costs of rights-of-way, preliminary engineering,
and construction engineering."
1987 - Subsec. (d). Pub. L. 100-17 substituted "15 percent" for
"10 per centum" and struck out at end "However, this limitation
shall be 15 per centum in any State with respect to which the
Secretary finds such higher limitation to be necessary."
1976 - Subsec. (d). Pub. L. 94-280 substituted "Federal-aid
highway funds" for "Federal-aid primary, secondary, or urban funds"
and struck out 10 per centum limitation provision for any project
financed with interstate funds.
1973 - Subsec. (a). Pub. L. 93-87 authorized payments to be made
for materials not in the construction vicinity where the Secretary
determines that because of required fabrication at an off-site
location the materials cannot be stockpiled in such vicinity.
1963 - Subsec. (d). Pub. L. 88-157 substituted "any project
financed with Federal-aid primary, secondary, or urban funds" for
"any one project" and provided for limitation, on payments for
construction engineering on projects financed with Federal-aid
primary, secondary, or urban funds, of 15 percent of Federal share
of cost of construction of the project where found by the Secretary
to be necessary and for 10-percent limitation on projects financed
with interstate funds.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
SUBMISSION OF RECOMMENDATIONS TO CONGRESS FOR REIMBURSEMENT OF
STATES FOR CERTAIN HIGHWAYS
Pub. L. 85-845, Aug. 28, 1958, 72 Stat. 1083, required Secretary
of Commerce, within ten days after first day of first session of
Eighty-sixth Congress, to submit to Congress recommendations for
legislation for purpose of assisting Congress to determine whether
or not to reimburse each State of any portion of a toll or free
highway (1) which was on National System of Interstate and Defense
Highways [now Dwight D. Eisenhower System of Interstate and Defense
Highways], (2) which met standards required by Federal-Aid Highway
Act of 1956 for such System of Interstate and Defense Highways, and
(3) construction of which had been completed since Aug. 2, 1947, or
which had been in actual use or under construction by contract, for
completion, awarded not later than June 30, 1957.
-End-
-CITE-
23 USC Sec. 122 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 122. Payments to States for bond and other debt instrument
financing
-STATUTE-
(a) Definition of Eligible Debt Financing Instrument. - In this
section, the term "eligible debt financing instrument" means a bond
or other debt financing instrument, including a note, certificate,
mortgage, or lease agreement, issued by a State or political
subdivision of a State or a public authority, the proceeds of which
are used for an eligible project under this title.
(b) Federal Reimbursement. - Subject to subsections (c) and (d),
the Secretary may reimburse a State for expenses and costs incurred
by the State or a political subdivision of the State and reimburse
a public authority for expenses and costs incurred by the public
authority for -
(1) interest payments under an eligible debt financing
instrument;
(2) the retirement of principal of an eligible debt financing
instrument;
(3) the cost of the issuance of an eligible debt financing
instrument;
(4) the cost of insurance for an eligible debt financing
instrument; and
(5) any other cost incidental to the sale of an eligible debt
financing instrument (as determined by the Secretary).
(c) Conditions on Payment. - The Secretary may reimburse a State
or public authority under subsection (b) with respect to a project
funded by an eligible debt financing instrument after the State or
public authority has complied with this title with respect to the
project to the extent and in the manner that would be required if
payment were to be made under section 121.
(d) Federal Share. - The Federal share of the cost of a project
payable under this section shall not exceed the Federal share of
the cost of the project as determined under section 120.
(e) Statutory Construction. - Notwithstanding any other provision
of law, the eligibility of an eligible debt financing instrument
for reimbursement under subsection (b) shall not -
(1) constitute a commitment, guarantee, or obligation on the
part of the United States to provide for payment of principal or
interest on the eligible debt financing instrument; or
(2) create any right of a third party against the United States
for payment under the eligible debt financing instrument.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 900; Pub. L. 95-599, title
I, Sec. 115(b), Nov. 6, 1978, 92 Stat. 2698; Pub. L. 97-424, title
I, Sec. 107(f), Jan. 6, 1983, 96 Stat. 2103; Pub. L. 100-17, title
I, Sec. 133(b)(7), Apr. 2, 1987, 101 Stat. 171; Pub. L. 104-59,
title III, Sec. 311(a), Nov. 28, 1995, 109 Stat. 583.)
-MISC1-
AMENDMENTS
1995 - Pub. L. 104-59 amended section generally, substituting
present provisions for provisions which authorized States to use
portion of Federal highway payments to retire principal of bonds
proceeds of which were used for certain Federal highway projects.
1987 - Pub. L. 100-17 inserted "or for substitute highway
projects approved under section 103(e)(4) of this title" before
"and the retirement" in first sentence.
1983 - Pub. L. 97-424 inserted "or for substitute highway
projects approved under section 103(e)(4) of this title," after
"highway systems in urban areas," and "or on highway projects
approved under section 103(e)(4) of this title" after "expenditure
on such system".
1978 - Pub. L. 95-599 inserted provisions relating to the
retirement of bonds the proceeds of which were used for program
projects, provisions that section was not to be construed as a
commitment on the part of the United States to pay the principal of
any such bonds, and provisions prohibiting inclusion of interest
and incidental costs of bonds in estimated cost of completion.
PAYMENT OF INTEREST ON BONDS ISSUED PRIOR TO AND AFTER NOVEMBER 6,
1978
Section 115(c) of Pub. L. 95-599 provided that: "No interest
shall be paid under authority of section 122 of title 23, United
States Code, on any bonds issued prior to the date of enactment of
this Act [Nov. 6, 1978], unless such bonds were issued for projects
which were under construction on January 1, 1978. Interest on bonds
issued in any fiscal year by a State after the date of enactment of
this Act may be paid under authority of section 122 of title 23,
United States Code, only if (1) such State was eligible to obligate
funds of another State under subsection (a) of this section during
such fiscal year and (2) the Secretary of Transportation certifies
that such eligible State utilized, or will utilize, to the fullest
extent possible during such fiscal year its authority to obligate
funds under such subsection (a) of this section [amending section
118(b) of this title]. No interest shall be paid under section 122
of title 23, United States Code, on that part of the proceeds of
bonds issued after the date of enactment of this Act used to retire
or otherwise refinance bonds issued prior to such date."
-End-
-CITE-
23 USC Sec. 123 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 123. Relocation of utility facilities
-STATUTE-
(a) When a State shall pay for the cost of relocation of utility
facilities necessitated by the construction of a project on any
Federal-aid system, Federal funds may be used to reimburse the
State for such cost in the same proportion as Federal funds are
expended on the project. Federal funds shall not be used to
reimburse the State under this section when the payment to the
utility violates the law of the State or violates a legal contract
between the utility and the State. Such reimbursement shall be made
only after evidence satisfactory to the Secretary shall have been
presented to him substantiating the fact that the State has paid
such cost from its own funds with respect to Federal-aid highway
projects for which Federal funds are obligated subsequent to April
16, 1958, for work, including relocation of utility facilities.
(b) The term "utility", for the purposes of this section, shall
include publicly, privately, and cooperatively owned utilities.
(c) The term "cost of relocation", for the purposes of this
section, shall include the entire amount paid by such utility
properly attributable to such relocation after deducting therefrom
any increase in the value of the new facility and any salvage value
derived from the old facility.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 900; Pub. L. 100-17, title
I, Sec. 133(b)(8), Apr. 2, 1987, 101 Stat. 171.)
-MISC1-
AMENDMENTS
1987 - Subsec. (a). Pub. L. 100-17 substituted "any Federal-aid
system," for "the Federal-aid primary or secondary systems or on
the Interstate System, including extensions thereof within urban
areas,".
STUDY OF PROCUREMENT PRACTICES AND PROJECT DELIVERY
Pub. L. 105-178, title I, Sec. 1213(e), June 9, 1998, 112 Stat.
201, provided that:
"(1) Study. - The Comptroller General shall conduct a study to
assess the impact that a utility company's failure to relocate its
facilities in a timely manner has on the delivery and cost of
Federal-aid highway and bridge projects. The study shall also
assess the following:
"(A) Methods States use to mitigate such delays, including the
use of the courts to compel cooperation.
"(B) The prevalence and use of incentives to utility companies
for early completion of utility relocations on Federal-aid
transportation project sites and, conversely, penalties assessed
on utility companies for utility relocation delays on such
projects.
"(C) The extent to which States have used available
technologies, such as subsurface utility engineering, early in
the design of Federal-aid highway and bridge projects so as to
eliminate or reduce the need for or delays due to utility
relocations.
"(D) Whether individual States compensate transportation
contractors for business costs incurred by the contractors when
Federal-aid highway and bridge projects under contract to them
are delayed by utility-company-caused delays in utility
relocations and any methods used by States in making any such
compensation.
"(2) Report. - Not later than 1 year after the date of enactment
of this Act [June 9, 1998], the Comptroller General shall transmit
to Congress a report on the results of the study with any
recommendations the Comptroller General determines appropriate as a
result of the study."
-End-
-CITE-
23 USC Sec. 124 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 124. Advances to States
-STATUTE-
If the Secretary shall determine that it is necessary for the
expeditious completion of projects on any of the Federal-aid
systems, including the Interstate System, he may advance to any
State out of any existing appropriations the Federal share of the
cost of construction thereof to enable the State transportation
department to make prompt payments for acquisition of rights-of-
way, and for the construction as it progresses. The sums so
advanced shall be deposited in a special revolving trust fund, by
the State official authorized under the laws of the State to
receive Federal-aid highway funds, to be disbursed solely upon
vouchers approved by the State transportation department for rights-
of-way which have been or are being acquired, and for construction
which has been actually performed and approved by the Secretary
pursuant to this chapter. Upon determination by the Secretary that
any part of the funds advanced to any State under the provisions of
this section are no longer required, the amount of the advance,
which is determined to be in excess of current requirements of the
State, shall be repaid upon his demand, and such repayments shall
be returned to the credit of the appropriation from which the funds
were advanced. Any sum advanced and not repaid on demand shall be
deducted from sums due the State for the Federal pro rata share of
the cost of construction of Federal-aid projects.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 95-599, title
I, Sec. 118, Nov. 6, 1978, 92 Stat. 2699; Pub. L. 105-178, title I,
Secs. 1212(a)(2)(A)(i), 1226(c), June 9, 1998, 112 Stat. 193; Pub.
L. 105-206, title IX, Sec. 9003(a), July 22, 1998, 112 Stat. 837.)
-MISC1-
AMENDMENTS
1998 - Pub. L. 105-178, Sec. 1226(c), as added by Pub. L. 105-
206, Sec. 9003(a), struck out subsec. (a) designation before "If
the Secretary" and struck out subsec. (b), which had: authorized
advance of 100 per centum of cost of construction where Secretary
determined that toll bridge, toll tunnel, or approach thereto
meeting section 129 requirements was necessary to complete
essential gap in Interstate System; provided repayment schedule;
and directed that advance be made from funds apportioned to State
for Interstate System and that section 103(e)(4) provisions would
not apply.
Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted "State
transportation department" for "State highway department" in two
places.
1978 - Pub. L. 95-599 designated existing provisions as subsec.
(a) and added subsec. (b).
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
this title.
ACCELERATION OF PROJECTS
Pub. L. 94-280, title I, Sec. 141, May 5, 1976, 90 Stat. 444, as
amended by Pub. L. 95-599, title I, Sec. 136, Nov. 6, 1978, 92
Stat. 2709, provided that: "Not later than six months after the
completion of such project, the Secretary of Transportation shall
submit a report to Congress which includes, but is not limited to,
a description of the methods used to reduce the time necessary for
the completion of such project, recommendations for applying such
methods to other highway projects, and any changes which may be
necessary to existing law to permit further reductions in the time
necessary to complete highway projects."
-End-
-CITE-
23 USC Sec. 125 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 125. Emergency relief
-STATUTE-
(a) General Eligibility. - Subject to this section and section
120, an emergency fund is authorized for expenditure by the
Secretary for the repair or reconstruction of highways, roads, and
trails, in any part of the United States, including Indian
reservations, that the Secretary finds have suffered serious damage
as a result of -
(1) natural disaster over a wide area, such as by a flood,
hurricane, tidal wave, earthquake, severe storm, or landslide; or
(2) catastrophic failure from any external cause.
(b) Restriction on Eligibility. - In no event shall funds be used
pursuant to this section for the repair or reconstruction of
bridges that have been permanently closed to all vehicular traffic
by the State or responsible local official because of imminent
danger of collapse due to a structural deficiency or physical
deterioration.
(c) Funding. - Subject to the following limitations, there are
authorized to be appropriated from the Highway Trust Fund (other
than the Mass Transit Account) such sums as may be necessary to
establish the fund authorized by this section and to replenish it
on an annual basis:
(1) Not more than $100,000,000 is authorized to be obligated in
any 1 fiscal year commencing after September 30, 1980, to carry
out the provisions of this section; except that, if in any fiscal
year the total of all obligations under this section is less than
the amount authorized to be obligated in such fiscal year, the
unobligated balance of such amount shall remain available until
expended and shall be in addition to amounts otherwise available
to carry out this section each year.
(2) Pending such appropriation or replenishment, the Secretary
may obligate from any funds heretofore or hereafter appropriated
for obligation in accordance with this title, including existing
Federal-aid appropriations, such sums as may be necessary for the
immediate prosecution of the work herein authorized. Funds
obligated under this paragraph shall be reimbursed from such
appropriation or replenishment.
(d) The Secretary may expend funds from the emergency fund herein
authorized for the repair or reconstruction of highways on Federal-
aid highways in accordance with the provisions of this chapter:
Provided, That (1) obligations for projects under this section,
including those on highways, roads, and trails mentioned in
subsection (e) of this section, resulting from a single natural
disaster or a single catastrophic failure in a State shall not
exceed $100,000,000, and (2) the total obligations for projects
under this section in any fiscal year in the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands shall not exceed $20,000,000. Notwithstanding any provision
of this chapter actual and necessary costs of maintenance and
operation of ferryboats providing temporary substitute highway
traffic service, less the amount of fares charged, may be expended
from the emergency fund herein authorized on Federal-aid highways.
Except as to highways, roads, and trails mentioned in subsection
(e) of this section, no funds shall be so expended unless the
Secretary has received an application therefor from the State
transportation department, and unless an emergency has been
declared by the Governor of the State and concurred in by the
Secretary, except that if the President has declared such emergency
to be a major disaster for the purposes of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.) concurrence of the Secretary is not required.
(e) The Secretary may expend funds from the emergency fund herein
authorized, either independently or in cooperation with any other
branch of the Government, State agency, organization, or person,
for the repair or reconstruction of forest highways, forest
development roads and trails, park roads and trails, parkways,
public lands highways, public lands development roads and trails,
and Indian reservation roads, whether or not such highways, roads,
or trails are Federal-aid highways.
(f) Treatment of Territories. - For purposes of this section, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands shall be considered to be States and parts
of the United States, and the chief executive officer of each such
territory shall be considered to be a Governor of a State.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 86-342, title
I, Sec. 107(a), Sept. 21, 1959, 73 Stat. 612; Pub. L. 89-574, Sec.
9(b), (c), Sept. 13, 1966, 80 Stat. 769; Pub. L. 90-495, Sec.
27(a), Aug. 23, 1968, 82 Stat. 829; Pub. L. 91-605, title I, Sec.
109(a), Dec. 31, 1970, 84 Stat. 1718; Pub. L. 92-361, Aug. 3, 1972,
86 Stat. 503; Pub. L. 94-280, title I, Sec. 119, May 5, 1976, 90
Stat. 437; Pub. L. 95-599, title I, Sec. 119, Nov. 6, 1978, 92
Stat. 2700; Pub. L. 96-106, Sec. 19, Nov. 9, 1979, 93 Stat. 799;
Pub. L. 97-424, title I, Sec. 153(a), (c), (d), (h), Jan. 6, 1983,
96 Stat. 2132, 2133; Pub. L. 99-190, Sec. 101(e) [title III, Sec.
334], Dec. 19, 1985, 99 Stat. 1267, 1290; Pub. L. 99-272, title IV,
Sec. 4103, Apr. 7, 1986, 100 Stat. 114; Pub. L. 100-17, title I,
Secs. 118(a)(1), (b)(1), (2), 133(b)(9), Apr. 2, 1987, 101 Stat.
156, 171; Pub. L. 100-707, Sec. 109(k), Nov. 23, 1988, 102 Stat.
4709; Pub. L. 102-240, title I, Sec. 1022(b), Dec. 18, 1991, 105
Stat. 1951; Pub. L. 102-302, Sec. 101, June 22, 1992, 106 Stat.
252; Pub. L. 105-178, title I, Secs. 1113(b), 1212(a)(2)(A)(i),
June 9, 1998, 112 Stat. 151, 193.)
-REFTEXT-
REFERENCES IN TEXT
The Robert T. Stafford Disaster Relief and Emergency Assistance
Act, referred to in subsec. (d), is Pub. L. 93-288, May 22, 1974,
88 Stat. 143, as amended, which is classified principally to
chapter 68 (Sec. 5121 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 5121 of Title 42 and Tables.
-MISC1-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1113(b)(2), added
subsec. (a) and struck out former subsec. (a) which authorized
expenditures by Secretary from emergency fund for repair or
reconstruction of highways, roads, or trails which have suffered
serious damage from natural disasters or catastrophic failures from
external sources, including provisions relating to restrictions on
eligibility and funding.
Subsecs. (b), (c). Pub. L. 105-178, Sec. 1113(b)(1), (2), added
subsecs. (b) and (c) and redesignated former subsecs. (b) and (c)
as (d) and (e), respectively.
Subsec. (d). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
"State transportation department" for "State highway department".
Pub. L. 105-178, Sec. 1113(b)(3), substituted "reconstruction of
highways on Federal-aid highways in accordance" for "reconstruction
of highways on the Federal-aid highway systems, including the
Interstate System, in accordance" in first sentence, "subsection
(e) of this section" for "subsection (c) of this section" in two
places, "authorized on Federal-aid highways" for "authorized on the
Federal-aid highway systems, including the Interstate System"
before period at end of second sentence, and "Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.)" for "Disaster Relief and Emergency Assistance Act (Public
Law 93-288)" in third sentence.
Pub. L. 105-178, Sec. 1113(b)(1), redesignated subsec. (b) as
(d). Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 105-178, Sec. 1113(b)(4), substituted
"Federal-aid highways" for "on any of the Federal-aid highway
systems" before period at end.
Pub. L. 105-178, Sec. 1113(b)(1), redesignated subsec. (c) as
(e).
Subsec. (f). Pub. L. 105-178, Sec. 1113(b)(1), redesignated
subsec. (d) as (f).
1992 - Subsec. (b). Pub. L. 102-302, which directed the
substitution of "on Federal-aid highways" for "on the Federal-aid
highway systems including the Interstate System" in two places,
could not be executed because phrase "on the Federal-aid highway
systems including the Interstate System" did not appear in text.
1991 - Subsec. (b)(2). Pub. L. 102-240 substituted "$20,000,000"
for "$5,000,000".
1988 - Subsec. (b). Pub. L. 100-707 substituted "and Emergency
Assistance Act" for "Act of 1974".
1987 - Subsec. (b). Pub. L. 100-17, Sec. 133(b)(9)(A),
substituted "the Federal-aid highway systems, including the
Interstate System" for "the Interstate System, the Primary System,
and on any routes functionally classified as arterials or major
collectors" in two places.
Pub. L. 100-17, Sec. 118(a)(1), substituted "in a State shall not
exceed $100,000,000." for "shall not exceed $30,000,000
($55,000,000 for projects in connection with disasters or failures
occurring in calendar year 1985) in any State."
Pub. L. 100-17, Sec. 118(b)(2), designated existing provisions
related to limitations placed upon obligations for projects under
this section as cl. (1) and added cl. (2).
Subsec. (c). Pub. L. 100-17, Sec. 133(b)(9)(B), substituted "on
any of the Federal-aid highway systems" for "routes functionally
classified as arterials or major collectors".
Subsec. (d). Pub. L. 100-17, Sec. 118(b)(1), added subsec. (d).
1986 - Subsec. (b). Pub. L. 99-272 inserted parenthetical
provision allowing obligations not exceeding $55,000,000 for
projects in connection with disasters or failures occurring in
calendar year 1985.
1985 - Pub. L. 99-190 amended section in manner substantially
identical to amendment by Pub. L. 99-272.
1983 - Subsec. (a). Pub. L. 97-424, Sec. 153(a)(1), inserted
"(1)" before "the repair or reconstruction of highways", and
substituted "Secretary" for "he" before "shall find have suffered";
(A) and (B) for (1) and (2), respectively; "In no event shall funds
be used pursuant to this section for the" for "and (2)"; and "or
responsible local official" for "after December 31, 1967, and prior
to December 31, 1970,".
Pub. L. 97-424, Sec. 153(a)(2), inserted "from the Highway Trust
Fund" after "appropriated".
Pub. L. 97-424, Sec. 153(c), inserted "and not more than
$100,000,000 is authorized to be expended in any one fiscal year
commencing after September 30, 1980," after "after September 30,
1976,".
Subsec. (b). Pub. L. 97-424, Sec. 153(d), inserted proviso
establishing a $30,000,000 limit for obligations relating to a
single natural disaster in any one State.
Pub. L. 97-424, Sec. 153(h)(1), substituted "the Interstate
System, the Primary System, and on any routes functionally
classified as arterials or major collectors," for "the Federal-aid
highway systems, including the Interstate System", wherever
appearing.
Subsec. (c). Pub. L. 97-424, Sec. 153(h)(2), substituted "routes
functionally classified as arterials or major collectors" for "on
any of the Federal-aid highway systems".
1979 - Subsec. (b). Pub. L. 96-106 inserted provision that
notwithstanding any provision of this chapter actual and necessary
costs of maintenance and operation of ferryboats providing
temporary substitute highway traffic service, less the amount of
fares charged, may be expended from the emergency fund herein
authorized on the Federal-aid highway systems, including the
Interstate System.
1978 - Subsec. (a). Pub. L. 95-599 inserted "prior to the fiscal
year ending September 30, 1978" after "such years, and (2)", and
inserted provision authorizing appropriations of 100 percent of
expenditures out of the Highway Trust Fund.
1976 - Subsec. (a). Pub. L. 94-280, Sec. 119(a)(1)-(3), inserted
", and ending before June 1, 1976," after "June 30, 1972,",
authorized expenditure of not more than $25,000,000 for the three-
month period beginning July 1, 1976, and ending September 30,
1976, and not more than $100,000,000 in any one fiscal year
commencing after September 30, 1976, and inserted provision that
for the purposes of this section the period beginning July 1, 1976,
and ending September 30, 1976, shall be deemed to be a part of the
fiscal year ending September 30, 1977.
Subsec. (b). Pub. L. 94-280, Sec. 119(b), excepted from the
requirement of a concurrence by the Secretary an emergency declared
by the President to be a major disaster for purposes of the
Disaster Relief Act of 1974.
1972 - Subsec. (a). Pub. L. 92-361 substituted provisions setting
forth maximum expendable amounts for fiscal years ending July 1,
1972 and for fiscal years commencing after June 30, 1972 and an
additional amount for fiscal year ending June 30, 1973 for
provisions setting forth maximum expendable amount for any fiscal
year.
1970 - Subsec. (a). Pub. L. 91-605 provided emergency relief for
the repair or reconstruction of bridges which have been permanently
closed to all vehicular traffic by the State after December 31,
1967, and prior to December 31, 1970, because of imminent danger of
collapse due to structural deficiencies or physical deterioration.
1968 - Subsec. (a). Pub. L. 90-495 permitted the use of the
emergency fund for repair or construction caused by other than
natural catastrophes.
1966 - Subsec. (a). Pub. L. 89-574, Sec. 9(c), raised from
$30,000,000 to $50,000,000 the upper limit on allowable annual
appropriations to establish and replenish the fund, provided that,
if, in any fiscal year the total of all expenditures under this
section is less than $50,000,000, the unexpended balance of such
amount shall remain available for expenditure during the next two
succeeding fiscal years in addition to amount otherwise available,
and provided that 60 per centum of the expenditures under this
section are authorized to be appropriated from the Highway Trust
Fund and the remaining 40 per centum of such expenditures are
authorized to be appropriated only from any monies in the Treasury
not otherwise appropriated.
Subsec. (c). Pub. L. 89-574, Sec. 9(b), added parkways, public
lands highways, public lands development roads, and trails to the
list of types of roads the repair or reconstruction of which may be
paid for out of the emergency fund.
1959 - Pub. L. 86-342, among other changes, made expenditures
from the emergency fund subject to the provisions of section 120 of
this title, and permitted the Secretary to expend funds from the
emergency fund, either independently or in cooperation with any
other branch of the Government, State agency, organization, or
person, for the repair or reconstruction of forest highways, forest
development roads and trails, park roads and trails, and Indian
reservation roads, whether or not such highways, roads, or trails
are on any of the Federal-aid highway systems.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 applicable only to natural disasters
and catastrophic failures occurring after Dec. 18, 1991, see
section 1022(c) of Pub. L. 102-240, set out as a note under section
120 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 118(a)(2) of Pub. L. 100-17 provided that: "The amendment
made by paragraph (1) [amending this section] shall apply with
respect to natural disasters and catastrophic failures occurring
after December 31, 1985."
Section 118(b)(3) of Pub. L. 100-17 provided that: "The
amendments made by paragraphs (1) and (2) [amending this section]
shall take effect on the date of the enactment of this Act [Apr. 2,
1987]."
EFFECTIVE DATE OF 1983 AMENDMENT
Section 153(e) of Pub. L. 97-424 provided that: "The amendments
made by subsection (d) of this section [amending this section]
shall apply to natural disasters or catastrophic failures which the
Secretary finds eligible for emergency relief subsequent to the
date of enactment of this section [Jan. 6, 1983]."
EFFECTIVE DATE OF 1968 AMENDMENT
Section 27(c) of Pub. L. 90-495 provided that: "The amendments
made by this section [amending this section and section 120 of this
title] shall be applicable to repair or reconstruction with respect
to which project agreements have been entered into on or after
January 1, 1968."
EFFECTIVE DATE OF 1966 AMENDMENT
Section 9(d) of Pub. L. 89-574 provided that: "The amendments
made by this section [amending this section] shall take effect July
1, 1966."
EXPENDITURES MADE PRIOR TO FISCAL YEAR ENDING SEPTEMBER 30, 1978;
APPROPRIATION FROM HIGHWAY TRUST FUND
Section 153(b) of Pub. L. 97-424 provided that: "Notwithstanding
any other provision of law, all expenditures made under section 125
of title 23, United States Code, prior to the fiscal year ending
September 30, 1978, are authorized to have been appropriated from
the Highway Trust Fund."
-End-
-CITE-
23 USC Sec. 126 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 126. Uniform transferability of Federal-aid highway funds
-STATUTE-
(a) General Rule. - Notwithstanding any other provision of law
but subject to subsections (b) and (c), if at least 50 percent of a
State's apportionment under section 104 or 144 for a fiscal year or
at least 50 percent of the funds set-aside under section 133(d)
from the State's apportionment under section 104(b)(3) may not be
transferred to any other apportionment of the State under section
104 or 144 for such fiscal year, then the State may transfer not to
exceed 50 percent of such apportionment or set aside to any other
apportionment of such State under section 104 or 144 for such
fiscal year.
(b) Application to Certain Set-Asides. - No funds may be
transferred under this section that are subject to the last
sentence of section 133(d)(1) (!1) or to section 104(f) or to
section 133(d)(3). The maximum amount that a State may transfer
under this section of the State's set-aside under section 133(d)(1)
(!1) or 133(d)(2) for a fiscal year may not exceed 25 percent of
(1) the amount of such set-aside, less (2) the amount of the
State's set-aside under such section for fiscal year 1997.
(c) Application to Certain CMAQ Funds. - The maximum amount that
a State may transfer under this section of the State's
apportionment under section 104(b)(2) for a fiscal year may not
exceed 50 percent of (1) the amount of such apportionment, less (2)
the amount that the State's apportionment under section 104(b)(2)
for such fiscal year would have been had the program been funded at
$1,350,000,000. Any such funds apportioned under section 104(b)(2)
and transferred under this section may only be obligated in
geographic areas eligible for the obligation of funds apportioned
under section 104(b)(2).
-SOURCE-
(Added Pub. L. 105-178, title I, Sec. 1310(a), June 9, 1998, 112
Stat. 234, Sec. 110; renumbered Sec. 126, Pub. L. 106-159, title I,
Sec. 102(a)(1), Dec. 9, 1999, 113 Stat. 1752; amended Pub. L. 109-
59, title I, Sec. 1401(a)(3)(B), Aug. 10, 2005, 119 Stat. 1225.)
-REFTEXT-
REFERENCES IN TEXT
Section 133(d)(1), referred to in subsec. (b), was repealed by
Pub. L. 109-59, title I, Sec. 1113(b)(1), Aug. 10, 2005, 119 Stat.
1172.
-MISC1-
PRIOR PROVISIONS
A prior section 126, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901;
Pub. L. 93-87, title I, Sec. 152(3), Aug. 13, 1973, 87 Stat. 276,
related to providing Federal aid for highway construction only to
States that used at least amounts provided by law on June 18, 1934,
for such purposes, prior to repeal by Pub. L. 105-178, title I,
Sec. 1226(d), as added by Pub. L. 105-206, title IX, Sec. 9003(a),
July 22, 1998, 112 Stat. 837.
AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-59, which directed insertion of
"under" after "State's apportionment", was executed by making the
insertion after "State's apportionment" the second place it
appeared, to reflect the probable intent of Congress.
1999 - Pub. L. 106-159 renumbered section 110 of this title as
this section.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
23 USC Sec. 127 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 127. Vehicle weight limitations - Interstate System
-STATUTE-
(a) In General. -
(1) No funds shall be apportioned in any fiscal year under
section 104(b)(1) of this title to any State which does not
permit the use of The Dwight D. Eisenhower System of Interstate
and Defense Highways within its boundaries by vehicles with a
weight of twenty thousand pounds carried on any one axle,
including enforcement tolerances, or with a tandem axle weight of
thirty-four thousand pounds, including enforcement tolerances, or
a gross weight of at least eighty thousand pounds for vehicle
combinations of five axles or more.
(2) However, the maximum gross weight to be allowed by any
State for vehicles using The Dwight D. Eisenhower System of
Interstate and Defense Highways shall be twenty thousand pounds
carried on one axle, including enforcement tolerances, and a
tandem axle weight of thirty-four thousand pounds, including
enforcement tolerances and with an overall maximum gross weight,
including enforcement tolerances, on a group of two or more
consecutive axles produced by application of the following
formula:
LN
W=500 (XXXXX+12N+36)
N-1
where W equals overall gross weight on any group of two or more
consecutive axles to the nearest five hundred pounds, L equals
distance in feet between the extreme of any group of two or more
consecutive axles, and N equals number of axles in group under
consideration, except that two consecutive sets of tandem axles may
carry a gross load of thirty-four thousand pounds each providing
the overall distance between the first and last axles of such
consecutive sets of tandem axles (1) is thirty-six feet or more, or
(2) in the case of a motor vehicle hauling any tank trailer, dump
trailer, or ocean transport container before September 1, 1989, is
30 feet or more: Provided, That such overall gross weight may not
exceed eighty thousand pounds, including all enforcement
tolerances, except for vehicles using Interstate Route 29 between
Sioux City, Iowa, and the border between Iowa and South Dakota or
vehicles using Interstate Route 129 between Sioux City, Iowa, and
the border between Iowa and Nebraska, and except for those vehicles
and loads which cannot be easily dismantled or divided and which
have been issued special permits in accordance with applicable
State laws, or the corresponding maximum weights permitted for
vehicles using the public highways of such State under laws or
regulations established by appropriate State authority in effect on
July 1, 1956, except in the case of the overall gross weight of any
group of two or more consecutive axles on any vehicle (other than a
vehicle comprised of a motor vehicle hauling any tank trailer, dump
trailer, or ocean transport container on or after September 1,
1989), on the date of enactment of the Federal-Aid Highway
Amendments of 1974, whichever is the greater.
(3) Any amount which is withheld from apportionment to any
State pursuant to the foregoing provisions shall lapse if not
released and obligated within the availability period specified
in section 118(b)(2) of this title.
(4) This section shall not be construed to deny apportionment
to any State allowing the operation within such State of any
vehicles or combinations thereof, other than vehicles or
combinations subject to subsection (d) of this section, which the
State determines could be lawfully operated within such State on
July 1, 1956, except in the case of the overall gross weight of
any group of two or more consecutive axles, on the date of
enactment of the Federal-Aid Highway Amendments of 1974.
(5) With respect to the State of Hawaii, laws or regulations in
effect on February 1, 1960, shall be applicable for the purposes
of this section in lieu of those in effect on July 1, 1956.
(6) With respect to the State of Colorado, vehicles designed to
carry 2 or more precast concrete panels shall be considered a
nondivisible load.
(7) With respect to the State of Michigan, laws or regulations
in effect on May 1, 1982, shall be applicable for the purposes of
this subsection.
(8) With respect to the State of Maryland, laws and regulations
in effect on June 1, 1993, shall be applicable for the purposes
of this subsection.
(9) The State of Louisiana may allow, by special permit, the
operation of vehicles with a gross vehicle weight of up to
100,000 pounds for the hauling of sugarcane during the harvest
season, not to exceed 100 days annually.
(10) With respect to Interstate Routes 89, 93, and 95 in the
State of New Hampshire, State laws (including regulations)
concerning vehicle weight limitations that were in effect on
January 1, 1987, and are applicable to State highways other than
the Interstate System, shall be applicable in lieu of the
requirements of this subsection.
(11)(A) With respect to all portions of the Interstate Highway
System in the State of Maine, laws (including regulations) of
that State concerning vehicle weight limitations applicable to
other State highways shall be applicable in lieu of the
requirements under this subsection through December 31, 2031.
(B) With respect to all portions of the Interstate Highway
System in the State of Vermont, laws (including regulations) of
that State concerning vehicle weight limitations applicable to
other State highways shall be applicable in lieu of the
requirements under this subsection through December 31, 2031.
(12) Heavy duty vehicles. -
(A) In general. - Subject to subparagraphs (B) and (C), in
order to promote reduction of fuel use and emissions because of
engine idling, the maximum gross vehicle weight limit and the
axle weight limit for any heavy-duty vehicle equipped with an
idle reduction technology shall be increased by a quantity
necessary to compensate for the additional weight of the idle
reduction system.
(B) Maximum weight increase. - The weight increase under
subparagraph (A) shall be not greater than 400 pounds.
(C) Proof. - On request by a regulatory agency or law
enforcement agency, the vehicle operator shall provide proof
(through demonstration or certification) that -
(i) the idle reduction technology is fully functional at
all times; and
(ii) the 400-pound gross weight increase is not used for
any purpose other than the use of idle reduction technology
described in subparagraph (A).
(b) Reasonable Access. - No State may enact or enforce any law
denying reasonable access to motor vehicles subject to this title
to and from the Interstate Highway System to terminals and
facilities for food, fuel, repairs, and rest.
(c) Ocean Transport Container Defined. - For purposes of this
section, the term "ocean transport container" has the meaning given
the term "freight container" by the International Standards
Organization in Series 1, Freight Containers, 3rd Edition
(reference number IS0668-1979(E)) as in effect on the date of the
enactment of this subsection.
(d) Longer Combination Vehicles. -
(1) Prohibition. -
(A) General continuation rule. - A longer combination vehicle
may continue to operate only if the longer combination vehicle
configuration type was authorized by State officials pursuant
to State statute or regulation conforming to this section and
in actual lawful operation on a regular or periodic basis
(including seasonal operations) on or before June 1, 1991, or
pursuant to section 335 of the Department of Transportation and
Related Agencies Appropriations Act, 1991 (104 Stat. 2186).
(B) Applicability of state laws and regulations. - All such
operations shall continue to be subject to, at the minimum, all
State statutes, regulations, limitations and conditions,
including, but not limited to, routing-specific and
configuration-specific designations and all other restrictions,
in force on June 1, 1991; except that subject to such
regulations as may be issued by the Secretary pursuant to
paragraph (5) of this subsection, the State may make minor
adjustments of a temporary and emergency nature to route
designations and vehicle operating restrictions in effect on
June 1, 1991, for specific safety purposes and road
construction.
(C) Wyoming. - In addition to those vehicles allowed under
subparagraph (A), the State of Wyoming may allow the operation
of additional vehicle configurations not in actual operation on
June 1, 1991, but authorized by State law not later than
November 3, 1992, if such vehicle configurations comply with
the single axle, tandem axle, and bridge formula limits set
forth in subsection (a) and do not exceed 117,000 pounds gross
vehicle weight.
(D) Ohio. - In addition to vehicles which the State of Ohio
may continue to allow to be operated under subparagraph (A),
such State may allow longer combination vehicles with 3 cargo
carrying units of 28 1/2 feet each (not including the truck
tractor) not in actual operation on June 1, 1991, to be
operated within its boundaries on the 1-mile segment of Ohio
State Route 7 which begins at and is south of exit 16 of the
Ohio Turnpike.
(E) Alaska. - In addition to vehicles which the State of
Alaska may continue to allow to be operated under subparagraph
(A), such State may allow the operation of longer combination
vehicles which were not in actual operation on June 1, 1991,
but which were in actual operation prior to July 5, 1991.
(F) Iowa. - In addition to vehicles that the State of Iowa
may continue to allow to be operated under subparagraph (A),
the State may allow longer combination vehicles that were not
in actual operation on June 1, 1991, to be operated on
Interstate Route 29 between Sioux City, Iowa, and the border
between Iowa and South Dakota or Interstate Route 129 between
Sioux City, Iowa, and the border between Iowa and Nebraska.
(2) Additional state restrictions. -
(A) In general. - Nothing in this subsection shall prevent
any State from further restricting in any manner or prohibiting
the operation of longer combination vehicles otherwise
authorized under this subsection; except that such restrictions
or prohibitions shall be consistent with the requirements of
sections 31111-31114 of title 49.
(B) Minor adjustments. - Any State further restricting or
prohibiting the operations of longer combination vehicles or
making minor adjustments of a temporary and emergency nature as
may be allowed pursuant to regulations issued by the Secretary
pursuant to paragraph (5) of this subsection, shall, within 30
days, advise the Secretary of such action, and the Secretary
shall publish a notice of such action in the Federal Register.
(3) Publication of list. -
(A) Submission to secretary. - Within 60 days of the date of
the enactment of this subsection, each State (i) shall submit
to the Secretary for publication in the Federal Register a
complete list of (I) all operations of longer combination
vehicles being conducted as of June 1, 1991, pursuant to State
statutes and regulations; (II) all limitations and conditions,
including, but not limited to, routing-specific and
configuration-specific designations and all other restrictions,
governing the operation of longer combination vehicles
otherwise prohibited under this subsection; and (III) such
statutes, regulations, limitations, and conditions; and (ii)
shall submit to the Secretary copies of such statutes,
regulations, limitations, and conditions.
(B) Interim list. - Not later than 90 days after the date of
the enactment of this subsection, the Secretary shall publish
an interim list in the Federal Register, consisting of all
information submitted pursuant to subparagraph (A). The
Secretary shall review for accuracy all information submitted
by the States pursuant to subparagraph (A) and shall solicit
and consider public comment on the accuracy of all such
information.
(C) Limitation. - No statute or regulation shall be included
on the list submitted by a State or published by the Secretary
merely on the grounds that it authorized, or could have
authorized, by permit or otherwise, the operation of longer
combination vehicles, not in actual operation on a regular or
periodic basis on or before June 1, 1991.
(D) Final list. - Except as modified pursuant to paragraph
(1)(C) of this subsection, the list shall be published as final
in the Federal Register not later than 180 days after the date
of the enactment of this subsection. In publishing the final
list, the Secretary shall make any revisions necessary to
correct inaccuracies identified under subparagraph (B). After
publication of the final list, longer combination vehicles may
not operate on the Interstate System except as provided in the
list.
(E) Review and correction procedure. - The Secretary, on his
or her own motion or upon a request by any person (including a
State), shall review the list issued by the Secretary pursuant
to subparagraph (D). If the Secretary determines there is cause
to believe that a mistake was made in the accuracy of the final
list, the Secretary shall commence a proceeding to determine
whether the list published pursuant to subparagraph (D) should
be corrected. If the Secretary determines that there is a
mistake in the accuracy of the list the Secretary shall correct
the publication under subparagraph (D) to reflect the
determination of the Secretary.
(4) Longer combination vehicle defined. - For purposes of this
section, the term "longer combination vehicle" means any
combination of a truck tractor and 2 or more trailers or
semitrailers which operates on the Interstate System at a gross
vehicle weight greater than 80,000 pounds.
(5) Regulations regarding minor adjustments. - Not later than
180 days after the date of the enactment of this subsection, the
Secretary shall issue regulations establishing criteria for the
States to follow in making minor adjustments under paragraph
(1)(B).
(e) Operation of Certain Specialized Hauling Vehicles on
Interstate Route 68. - The single axle, tandem axle, and bridge
formula limits set forth in subsection (a) shall not apply to the
operation on Interstate Route 68 in Garrett and Allegany Counties,
Maryland, of any specialized vehicle equipped with a steering axle
and a tridem axle and used for hauling coal, logs, and pulpwood if
such vehicle is of a type of vehicle as was operating in such
counties on United States Route 40 or 48 for such purpose on August
1, 1991.
(f) Operation of Certain Specialized Hauling Vehicles on Certain
Wisconsin Highways. - If the 104-mile portion of Wisconsin State
Route 78 and United States Route 51 between Interstate Route 94
near Portage, Wisconsin, and Wisconsin State Route 29 south of
Wausau, Wisconsin, is designated as part of the Interstate System
under section 103(c)(4)(A), the single axle weight, tandem axle
weight, gross vehicle weight, and bridge formula limits set forth
in subsection (a) shall not apply to the 104-mile portion with
respect to the operation of any vehicle that could legally operate
on the 104-mile portion before the date of the enactment of this
subsection.
(g) Operation of Certain Specialized Hauling Vehicles on Certain
Pennsylvania Highways. - If the segment of United States Route 220
between Bedford and Bald Eagle, Pennsylvania, is designated as part
of the Interstate System, the single axle weight, tandem axle
weight, gross vehicle weight, and bridge formula limits set forth
in subsection (a) shall not apply to that segment with respect to
the operation of any vehicle which could have legally operated on
that segment before the date of the enactment of this subsection.
(h) Waiver for a Route in State of Maine During Periods of
National Emergency. -
(1) In general. - Notwithstanding any other provision of this
section, the Secretary, in consultation with the Secretary of
Defense, may waive or limit the application of any vehicle weight
limit established under this section with respect to the portion
of Interstate Route 95 in the State of Maine between Augusta and
Bangor for the purpose of making bulk shipments of jet fuel to
the Air National Guard Base at Bangor International Airport
during a period of national emergency in order to respond to the
effects of the national emergency.
(2) Applicability. - Emergency limits established under
paragraph (1) shall preempt any inconsistent State vehicle weight
limits.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86-624, Sec.
17(e), July 12, 1960, 74 Stat. 416; Pub. L. 93-643, Sec. 106, Jan.
4, 1975, 88 Stat. 2283; Pub. L. 94-280, title I, Sec. 120, May 5,
1976, 90 Stat. 438; Pub. L. 97-424, title I, Sec. 133, formerly
Sec. 133(a), Jan. 6, 1983, 96 Stat. 2123, renumbered Sec. 133, Pub.
L. 100-17, title I, Sec. 133(a)(3), Apr. 2, 1987, 101 Stat. 170;
Pub. L. 100-17, title I, Sec. 119, Apr. 2, 1987, 101 Stat. 157;
Pub. L. 100-202, Sec. 101(l) [title III, Sec. 347(c)], Dec. 22,
1987, 101 Stat. 1329-358, 1329-388; Pub. L. 101-427, Oct. 15, 1990,
104 Stat. 927; Pub. L. 102-240, title I, Sec. 1023(a), (b), (d),
Dec. 18, 1991, 105 Stat. 1951, 1952, 1954; Pub. L. 103-331, title
III, Sec. 332, Sept. 30, 1994, 108 Stat. 2493; Pub. L. 103-429,
Sec. 3(3), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104-59, title
III, Sec. 312(a)(1), (2), (b), Nov. 28, 1995, 109 Stat. 584; Pub.
L. 104-88, title IV, Secs. 404, 405(a)(1), Dec. 29, 1995, 109 Stat.
956; Pub. L. 105-178, title I, Secs. 1106(c)(2)(B), 1212(d)(1),
June 9, 1998, 112 Stat. 136, 194; Pub. L. 107-107, div. A, title X,
Sec. 1064, Dec. 28, 2001, 115 Stat. 1233; Pub. L. 108-447, div. J,
title I, Sec. 121, Dec. 8, 2004, 118 Stat. 3347; Pub. L. 109-58,
title VII, Sec. 756(c), Aug. 8, 2005, 119 Stat. 832; Pub. L. 109-
59, title I, Sec. 1111(b)(3), Aug. 10, 2005, 119 Stat. 1171; Pub.
L. 111-117, div. A, title I, Sec. 194(a), (c), (d), (f), Dec. 16,
2009, 123 Stat. 3072, 3073; Pub. L. 112-55, div. C, title I, Sec.
125, Nov. 18, 2011, 125 Stat. 655.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of Federal-Aid Highway Amendments of 1974,
referred to in subsec. (a)(2), (4), means Jan. 4, 1975, the date on
which Pub. L. 93-643 was approved.
The date of the enactment of this subsection, referred to in
subsec. (c), is the date of enactment of Pub. L. 100-17, which was
approved Apr. 2, 1987.
Section 335 of the Department of Transportation and Related
Agencies Appropriations Act, 1991, referred to in subsec.
(d)(1)(A), is section 335 of Pub. L. 101-516, which is not
classified to the Code.
The date of the enactment of this subsection, referred to in
subsec. (d)(3)(A), (B), (D), (5), is the date of the enactment of
Pub. L. 102-240, which was approved Dec. 18, 1991.
The date of the enactment of this subsection, referred to in
subsec. (f), is the date of enactment of Pub. L. 104-59, which was
approved Nov. 28, 1995.
The date of the enactment of this subsection, referred to in
subsec. (g), is the date of enactment of Pub. L. 104-88, which was
approved Dec. 29, 1995.
-COD-
CODIFICATION
Amendments by section 194(c), (f) of Pub. L. 111-117 were
executed as if the amendments by section 194(a), (d) of Pub. L. 111-
117 were still in effect, notwithstanding section 194(b), (e) of
Pub. L. 111-117 which provided that the amendments by section
194(a), (d) were only effective during the 1-year period beginning
on the date of enactment of Pub. L. 111-117. See 2009 Amendment
notes and Effective and Termination Dates of 2009 Amendment notes
below.
-MISC1-
AMENDMENTS
2011 - Subsec. (a)(11). Pub. L. 112-55 amended par. (11)
generally. Prior to amendment, par. (11) read as follows: "With
respect to that portion of the Maine Turnpike designated Route 95
and 495, and that portion of Interstate Route 95 from the southern
terminus of the Maine Turnpike to the New Hampshire State line,
laws (including regulations) of the State of Maine concerning
vehicle weight limitations that were in effect on October 1, 1995,
and are applicable to State highways other than the Interstate
System, shall be applicable in lieu of the requirements of this
subsection."
2009 - Subsec. (a)(11). Pub. L. 111-117, Sec. 194(c), substituted
"that portion of the Maine Turnpike designated Route 95 and 495,
and that portion of Interstate Route 95 from the southern terminus
of the Maine Turnpike to the New Hampshire State line, laws
(including regulations)" for "all portions of the Interstate
Highway System in the State, laws (including regulations)". See
Codification note above.
Pub. L. 111-117, Sec. 194(a), (b), which directed temporary
substitution of "all portions of the Interstate Highway System in
the State, laws (including regulations)" for "that portion of the
Maine Turnpike designated Route 95 and 495, and that portion of
Interstate Route 95 from the southern terminus of the Maine
Turnpike to the New Hampshire State line, laws (including
regulations)", was executed by making the temporary substitution
for "that portion of the Maine Turnpike designated Interstate Route
95 and 495, and that portion of Interstate Route 95 from the
southern terminus of the Maine Turnpike to the New Hampshire State
line, laws (including regulations)" to reflect the probable intent
of Congress. See Effective and Termination Dates of 2009 Amendment
note below.
Subsec. (a)(13). Pub. L. 111-117, Sec. 194(f), struck out par.
(13), which consisted of subpar. (A) only. Text read as follows:
"With respect to Interstate Routes 89, 91, and 93 in the State of
Vermont, laws (including regulations) of that State concerning
vehicle weight limitations applicable to State highways other than
the Interstate system shall be applicable in lieu of the
requirements of this subsection." See Codification note above.
Pub. L. 111-117, Sec. 194(d), (e), temporarily added par. (13).
See Effective and Termination Dates of 2009 Amendment note below.
2005 - Subsec. (a). Pub. L. 109-58 designated first to eleventh
sentences as pars. (1) to (11), respectively, and added par. (12).
Subsec. (a)(3). Pub. L. 109-59 substituted "118(b)(2)" for
"118(b)(1)".
2004 - Subsec. (a). Pub. L. 108-447 substituted "Interstate
Routes 89, 93, and 95 in the State of New Hampshire" for
"Interstate Route 95 in the State of New Hampshire" in the
penultimate sentence.
2001 - Subsec. (h). Pub. L. 107-107 added subsec. (h).
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1212(d)(1), inserted
before penultimate sentence "With respect to the State of Colorado,
vehicles designed to carry 2 or more precast concrete panels shall
be considered a nondivisible load." and inserted at end "The State
of Louisiana may allow, by special permit, the operation of
vehicles with a gross vehicle weight of up to 100,000 pounds for
the hauling of sugarcane during the harvest season, not to exceed
100 days annually. With respect to Interstate Route 95 in the State
of New Hampshire, State laws (including regulations) concerning
vehicle weight limitations that were in effect on January 1, 1987,
and are applicable to State highways other than the Interstate
System, shall be applicable in lieu of the requirements of this
subsection. With respect to that portion of the Maine Turnpike
designated Interstate Route 95 and 495, and that portion of
Interstate Route 95 from the southern terminus of the Maine
Turnpike to the New Hampshire State line, laws (including
regulations) of the State of Maine concerning vehicle weight
limitations that were in effect on October 1, 1995, and are
applicable to State highways other than the Interstate System,
shall be applicable in lieu of the requirements of this
subsection."
Subsec. (f). Pub. L. 105-178, Sec. 1106(c)(2)(B), substituted
"section 103(c)(4)(A)" for "section 139(a)".
1995 - Subsec. (a). Pub. L. 104-59, Sec. 312(a)(1), in proviso of
second sentence substituted "except for vehicles using Interstate
Route 29 between Sioux City, Iowa, and the border between Iowa and
South Dakota or vehicles using Interstate Route 129 between Sioux
City, Iowa, and the border between Iowa and Nebraska, and except
for those" for "except for those".
Subsec. (d)(1)(F). Pub. L. 104-59, Sec. 312(a)(2), added subpar.
(F).
Subsec. (f). Pub. L. 104-59, Sec. 312(b), as amended by Pub. L.
104-88, Sec. 405(a)(1), added subsec. (f).
Subsec. (g). Pub. L. 104-88, Sec. 404, added subsec. (g).
1994 - Subsec. (a). Pub. L. 103-331 inserted at end "With respect
to the State of Maryland, laws and regulations in effect on June 1,
1993, shall be applicable for the purposes of this subsection."
Subsec. (d)(2)(A). Pub. L. 103-429 substituted "sections 31111-
31114 of title 49" for "sections 411, 412, and 416 of the Surface
Transportation Assistance Act of 1982 (49 U.S.C. App. 2311, 2312,
and 2316)".
1991 - Subsec. (a). Pub. L. 102-240, Sec. 1023(a), substituted
"funds shall be apportioned in any fiscal year under section
104(b)(1) of this title" for "funds authorized to be appropriated
for any fiscal year under provisions of the Federal-Aid Highway Act
of 1956 shall be apportioned" in first sentence and inserted ",
other than vehicles or combinations subject to subsection (d) of
this section," after "thereof" in fourth sentence.
Subsecs. (d), (e). Pub. L. 102-240, Sec. 1023(b), (d), added
subsecs. (d) and (e).
1990 - Subsec. (a). Pub. L. 101-427 substituted "The Dwight D.
Eisenhower System of Interstate and Defense Highways" for "the
National System of Interstate and Defense Highways" in two places.
1987 - Subsec. (a). Pub. L. 100-202 substituted "September 1,
1989" for "September 1, 1988" in two places.
Pub. L. 100-17, Sec. 119(d)(1), inserted heading.
Pub. L. 100-17, Sec. 119(a)(1), (2), which directed that second
sentence be amended by inserting "(1)" before "is 36 feet or more"
and by inserting cl. (2) after such phrase, was executed by making
the insertions before and after "is thirty-six feet or more" to
reflect the probable intent of Congress.
Pub. L. 100-17, Sec. 119(a)(3), (b), inserted "on any vehicle
(other than a vehicle comprised of a motor vehicle hauling any tank
trailer, dump trailer, or ocean transport container on or after
September 1, 1988)" after last reference to "consecutive axles" in
second sentence and substituted "lapse if not released and
obligated within the availability period specified in section
118(b)(1) of this title." for "lapse."
Subsec. (b). Pub. L. 100-17, Sec. 119(d)(2), inserted heading.
Subsec. (c). Pub. L. 100-17, Sec. 119(c), added subsec. (c).
1983 - Pub. L. 97-424 struck out "and width" after "weight" in
section catchline.
Subsec. (a). Pub. L. 97-424 designated existing provisions as
subsec. (a) and substituted provisions relating to authority to
appropriate funds for any fiscal year under the Federal-Aid Highway
Act of 1956 with respect to apportionment to any State not
permitting the use of the National System of Interstate and Defense
Highways within its boundaries by vehicles with specified weights,
provisions setting forth formula of maximum gross weight to be
allowed by any State for vehicles using such Highways, and
provisions setting forth further limitations for apportionment, for
provisions relating to authority to appropriate funds for any
fiscal year under section 108(b) of the Federal-Aid Highway Act of
1956 with respect to apportionment to any State not permitting the
use of the Interstate System within its boundaries by vehicles with
specified weights, provisions setting forth formula for
determination of overall gross weight, provisions relating to
maximum widths permitted for vehicles, and provisions setting forth
further limitations for apportionment.
Subsec. (b). Pub. L. 97-424 added subsec. (b).
1976 - Pub. L. 94-280 authorized a State to permit any bus with a
width of 102 inches or less to operate on any lane of twelve feet
or more in width on the Interstate System.
1975 - Pub. L. 93-643 substituted weight limitations of 20,000
lbs. carried on any one axle, including all enforcement tolerances,
for 18,000 lbs. carried on any one axle, of 34,000 lbs. for tandem
axle weight, including all enforcement tolerances, for 32,000 lbs.
for tandem axle weight, overall gross weight limitation of 80,000,
including enforcement tolerances, for overall gross weight of
73,280 lbs. prescribed a formula for determination of overall gross
weight on a group of two or more consecutive axles, authorized a
gross load of 34,000 lbs. each for two consecutive sets of tandem
axles having an overall distance of 36 or more feet between such
axles, excepted from the new weight limitations cases of overall
gross weight of any group of two or more consecutive axles, on Jan.
4, 1975, and inserted ", except in the case of the overall gross
weight of any group of two or more consecutive axles, on the date
of enactment of the Federal-Aid Highway Amendments of 1974" in
third sentence.
1960 - Pub. L. 86-624 made the laws or regulation in effect on
Feb. 1, 1960, applicable, with respect to the State of Hawaii, for
the purposes of this section, in lieu of those in effect on July 1,
1956.
EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT
Pub. L. 111-117, div. A, title I, Sec. 194(b), Dec. 16, 2009, 123
Stat. 3072, provided that: "The amendment made by subsection (a)
[amending this section] shall be in effect during the 1-year period
beginning on the date of enactment of this Act [Dec. 16, 2009]."
Pub. L. 111-117, div. A, title I, Sec. 194(c), Dec. 16, 2009, 123
Stat. 3072, provided that the amendment made by section 194(c) is
effective as of the date that is 366 days after Dec. 16, 2009.
Pub. L. 111-117, div. A, title I, Sec. 194(e), Dec. 16, 2009, 123
Stat. 3073, provided that: "The amendment made by subsection (d)
[amending this section] shall be in effect during the 1-year period
beginning on the date of enactment of this Act [Dec. 16, 2009]."
Pub. L. 111-117, div. A, title I, Sec. 194(f), Dec. 16, 2009, 123
Stat. 3073, provided that the amendment made by section 194(f) is
effective as of the date that is 366 days after Dec. 16, 2009.
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by section 404 of Pub. L. 104-88 effective Jan. 1,
1996, see section 2 of Pub. L. 104-88, set out as an Effective Date
note under section 701 of Title 49, Transportation.
Section 405(a) of Pub. L. 104-88 provided that the amendment made
by that section is effective Nov. 28, 1995.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
SPECIALIZED HAULING VEHICLES
Pub. L. 105-178, title I, Sec. 1213(f), June 9, 1998, 112 Stat.
201, provided that:
"(1) Study. - The Secretary shall conduct a study to examine the
impact of the truck weight standards on specialized hauling
vehicles. The study shall include, at a minimum, an analysis of the
economic, safety, and infrastructure impacts of the standards.
"(2) Report. - Not later than 2 years after the date of enactment
of this Act [June 9, 1998], the Secretary shall transmit to
Congress a report on the results of the study with any
recommendations the Secretary determines appropriate as a result of
the study."
VEHICLE WEIGHT ENFORCEMENT
Pub. L. 105-178, title I, Sec. 1213(h), June 9, 1998, 112 Stat.
202, provided that:
"(1) Study. - The Secretary shall conduct a study of State laws
(including regulations) relating to penalties for violation of
State commercial motor vehicle weight laws.
"(2) Purpose. - The purpose of the study shall be to determine
the effectiveness of State penalties as a deterrent to illegally
overweight trucking operations. The study shall evaluate fine
structures, innovative roadside enforcement techniques, and a
State's ability to penalize shippers and carriers as well as
drivers and shall examine the effectiveness of administrative and
judicial procedures utilized to enforce vehicle weight laws.
"(3) Report. - Not later than 2 years after the date of enactment
of this Act [June 9, 1998], the Secretary shall transmit to
Congress a report on the results of the study with any legislative
recommendations of the Secretary."
COMMERCIAL MOTOR VEHICLE STUDY
Pub. L. 105-178, title I, Sec. 1213(i), June 9, 1998, 112 Stat.
202, provided that:
"(1) In general. - The Secretary shall request the Transportation
Research Board of the National Academy of Sciences to conduct a
study regarding the regulation of weights, lengths, and widths of
commercial motor vehicles operating on Federal-aid highways to
which Federal regulations apply on the date of enactment of this
Act [June 9, 1998]. In conducting the study, the Board shall review
law, regulations, studies (including Transportation Research Board
Special Report 225), and practices and develop recommendations
regarding any revisions to law and regulations that the Board
determines appropriate.
"(2) Factors to consider and evaluate. - In developing
recommendations under paragraph (1), the Board shall consider and
evaluate the impact of the recommendations described in paragraph
(1) on the economy, the environment, safety, and service to
communities.
"(3) Consultation. - In carrying out the study, the Board shall
consult with the Department of Transportation, States, the motor
carrier industry, freight shippers, highway safety groups, air
quality and natural resource management groups, commercial motor
vehicle driver representatives, and other appropriate entities.
"(4) Report. - Not later than 2 years after the date of enactment
of this Act [June 9, 1998], the Board shall transmit to Congress
and the Secretary a report on the results of the study conducted
under this subsection.
"(5) Recommendations. - Not later than 180 days after the date of
receipt of the report under paragraph (4), the Secretary may
transmit to Congress a report containing comments or
recommendations of the Secretary regarding the Board's report.
"(6) Funding. - There is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account) $250,000
for each of fiscal years 1999 and 2000 to carry out this
subsection.
"(7) Applicability of title 23. - Funds made available to carry
out this subsection shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of title
23, United States Code; except that the Federal share of the cost
of the study under this subsection shall be 100 percent and such
funds shall remain available until expended."
OVER-THE-ROAD BUSES AND PUBLIC TRANSIT VEHICLES
Pub. L. 102-240, title I, Sec. 1023(h), as added by Pub. L. 102-
388, title III, Sec. 341, Oct. 6, 1992, 106 Stat. 1552; amended by
Pub. L. 104-59, title III, Sec. 326, Nov. 28, 1995, 109 Stat. 592;
Pub. L. 105-178, title I, Sec. 1212(c), June 9, 1998, 112 Stat.
194; Pub. L. 108-7, div. I, title III, Sec. 347, Feb. 20, 2003, 117
Stat. 419; Pub. L. 108-447, div. H, title V, Sec. 530, Dec. 8,
2004, 118 Stat. 3271; Pub. L. 109-59, title I, Sec. 1309, Aug. 10,
2005, 119 Stat. 1219; Pub. L. 109-115, div. A, title I, Sec. 115,
Nov. 30, 2005, 119 Stat. 2408, provided that:
"(1) Temporary exemption. - The second sentence of section 127 of
title 23, United States Code, relating to axle weight limitations
for vehicles using the Dwight D. Eisenhower System of Interstate
and Defense Highways, shall not apply, for the period beginning on
October 6, 1992, and ending on October 1, 2009, to -
"(A) any over-the-road bus (as defined in section 301 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12181)); or
"(B) any vehicle that is regularly and exclusively used as an
intrastate public agency transit passenger bus.
"(2) State action. -
"(A) Weight limitations. - For the period beginning on the date
of enactment of this subparagraph [Nov. 30, 2005] and ending on
September 30, 2009, a covered State, including any political
subdivision of such State, may not enforce a single axle weight
limitation of less than 24,000 pounds, including enforcement
tolerances, on any vehicle referred to in paragraph (1) in any
case in which the vehicle is using the Interstate System.
"(B) Covered state defined. - In this paragraph, the term
'covered State' means a State that has enforced, in the period
beginning on October 6, 1992, and ending on the date of enactment
of this subparagraph [Nov. 30, 2005], a single axle weight
limitation of 20,000 pounds or greater but less than 24,000
pounds, including enforcement tolerances, on any vehicle referred
to in paragraph (1) in any case in which the vehicle is using the
Interstate System."
TEMPORARY EXEMPTION FOR FIREFIGHTING VEHICLES
Section 1023(e) of Pub. L. 102-240 provided that:
"(1) Temporary exemption. - The second sentence of section 127 of
title 23, United States Code, relating to axle weight limitations
and the bridge formula for vehicles using the National System of
Interstate and Defense Highways, shall not apply, in the 2-year
period beginning on the date of the enactment of this Act [Dec. 18,
1991], to any existing vehicle which is used for the purpose of
protecting persons and property from fires and other disasters that
threaten public safety and which is in actual operation before such
date of enactment and to any new vehicle to be used for such
purpose while such vehicle is being delivered to a firefighting
agency. The Secretary may extend such 2-year period for an
additional year.
"(2) Study. - The Secretary shall conduct a study -
"(A) of State laws regulating the use on the National System of
Interstate and Defense Highways [now Dwight D. Eisenhower System
of Interstate and Defense Highways] of vehicles which are used
for the purpose of protecting persons and property from fires and
other disasters that threaten public safety and which are being
delivered to or operated by a firefighting agency; and
"(B) of the issuance of permits by States which exempt such
vehicles from the requirements of the second sentence of section
127 of title 23, United States Code.
"(3) Purposes. - The purposes of the study under this subsection
are to determine whether or not such State laws and such section
127 need to be modified with regard to such vehicles and whether or
not a permanent exemption should be made for such vehicles from the
requirements of such laws and section 127 or whether or not the
bridge formula set forth in such section should be modified as it
applies to such vehicles.
"(4) Report. - Not later than 18 months after the date of the
enactment of this Act [Dec. 18, 1991], the Secretary shall submit
to the Congress a report on the results of the study conducted
under paragraph (2), together with recommendations."
STUDY PERTAINING TO TRANSPORTERS OF WATER WELL DRILLING RIGS
Section 1023(g) of Pub. L. 102-240 directed Secretary to conduct
a study of State and Federal regulations pertaining to transporters
of water well drilling rigs on public highways for the purpose of
identifying requirements which place a burden on such transporters
without enhancing safety or preservation of public highways, and,
not later than 2 years after Dec. 18, 1991, report to Congress on
the results of the study, together with any legislative and
administrative recommendations.
MOTOR VEHICLE STUDY BY TRANSPORTATION RESEARCH BOARD; REPORT
Section 158 of Pub. L. 100-17 directed Secretary, within 6 months
after Apr. 2, 1987, to enter into appropriate arrangements with the
Transportation Research Board of the National Academy of Sciences
to conduct a study of the following motor vehicle issues, including
an analysis of the impacts of the various positions that have been
put forth with respect to each issue and best estimates of effects
on pavement, bridges, highway revenue and cost responsibility, and
highway safety, and changes in transportation costs and other
measures of productivity for various segments of the trucking
industry resulting from adoption of each of the positions: (1)
elimination of existing, grandfather provisions of 23 U.S.C. 127
which allow higher axle loads and gross vehicle weights than the
20,000-pound single axle load limit, 34,000-pound tandem axle load
limit, and 80,000-pound gross vehicle weight limit maximums
authorized by Pub. L. 93-643, (2) analysis of alternative methods
of determining gross vehicle weight limit and axle loadings for all
types of motor carrier vehicles, (3) analysis of the bridge formula
contained in 23 U.S.C. 127 in view of current vehicle
configurations, pavement and bridge stresses in accord with 1986
design and construction practices, and existing bridges on and off
the Interstate System, (4) establishment of nationwide policy
regarding the provisions of 'reasonable access' to the National
Network for combination vehicles established pursuant to Pub. L. 97-
424, and (5) recommendation of appropriate treatment for
specialized hauling vehicles which do not comply with the existing
Federal bridge formula and submit a final report to Secretary and
Congress, not later than 30 months after appropriate arrangements
were entered into.
STATE-IMPOSED VEHICLE WIDTH LIMITATIONS
Pub. L. 97-369, title III, Sec. 321, Dec. 18, 1982, 96 Stat.
1784, related to State-imposed vehicle width limitations, prior to
repeal by Pub. L. 98-17, Sec. 2, Apr. 5, 1983, 97 Stat. 60. See
section 31113 of Title 49, Transportation.
STEERING AXLE STUDY; REPORT TO CONGRESS
Section 210 of Pub. L. 94-280 directed Secretary of
Transportation to conduct an investigation into relationship
between gross load on front steering axles of truck tractors and
safety of operation of vehicle combinations of which such truck
tractors are a part, such investigation to be conducted in
cooperation with representatives of (A) manufacturers of truck
tractors and related equipment, (B) labor, and (C) users of such
equipment, and the results of such study to be reported to Congress
not later than July 1, 1977.
-End-
-CITE-
23 USC Sec. 128 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 128. Public hearings
-STATUTE-
(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.
-SOURCE-
(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.)
-MISC1-
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.
-End-
-CITE-
23 USC Sec. 129 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 129. Toll roads, bridges, tunnels, and ferries
-STATUTE-
(a) Basic Program. -
(1) Authorization for federal participation. - Notwithstanding
section 301 of this title and subject to the provisions of this
section, the Secretary shall permit Federal participation in -
(A) initial construction of a toll highway, bridge, or tunnel
(other than a highway, bridge, or tunnel on the Interstate
System) or approach thereto;
(B) reconstructing, resurfacing, restoring, and
rehabilitating a toll highway, bridge, or tunnel (including a
toll highway, bridge, or tunnel subject to an agreement entered
into under this section or section 119(e) as in effect on the
day before the date of the enactment of the Intermodal Surface
Transportation Efficiency Act of 1991) or approach thereto;
(C) reconstruction or replacement of a toll-free bridge or
tunnel and conversion of the bridge or tunnel to a toll
facility;
(D) reconstruction of a toll-free Federal-aid highway (other
than a highway on the Interstate System) and conversion of the
highway to a toll facility; and
(E) preliminary studies to determine the feasibility of a
toll facility for which Federal participation is authorized
under subparagraph (A), (B), (C), or (D);
on the same basis and in the same manner as in the construction
of free highways under this chapter.
(2) Ownership. - Each highway, bridge, tunnel, or approach
thereto constructed under this subsection must -
(A) be publicly owned, or
(B) be privately owned if the public authority having
jurisdiction over the highway, bridge, tunnel, or approach has
entered into a contract with a private person or persons to
design, finance, construct, and operate the facility and the
public authority will be responsible for complying with all
applicable requirements of this title with respect to the
facility.
(3) Limitations on use of revenues. - Before the Secretary may
permit Federal participation under this subsection in
construction of a highway, bridge, or tunnel located in a State,
the public authority (including the State transportation
department) having jurisdiction over the highway, bridge, or
tunnel must enter into an agreement with the Secretary which
provides that all toll revenues received from operation of the
toll facility will be used first for debt service, for reasonable
return on investment of any private person financing the project,
and for the costs necessary for the proper operation and
maintenance of the toll facility, including reconstruction,
resurfacing, restoration, and rehabilitation. If the State
certifies annually that the tolled facility is being adequately
maintained, the State may use any toll revenues in excess of
amounts required under the preceding sentence for any purpose for
which Federal funds may be obligated by a State under this title.
(4) Special rule for funding. - In the case of a toll highway,
bridge, or tunnel under the jurisdiction of a public authority of
a State (other than the State transportation department), upon
request of the State transportation department and subject to
such terms and conditions as such department and public authority
may agree, the Secretary shall reimburse such public authority
for the Federal share of the costs of construction of the project
carried out on the toll facility under this subsection in the
same manner and to the same extent as such department would be
reimbursed if such project was being carried out by such
department. The reimbursement of funds under this paragraph shall
be from sums apportioned to the State under this chapter and
available for obligations on projects on the Federal-aid system
in such State on which the project is being carried out.
(5) Limitation on federal share. - The Federal share payable
for a project described in paragraph (1) shall be a percentage
determined by the State but not to exceed 80 percent.
(6) Modifications. - If a public authority (including a State
transportation department) having jurisdiction over a toll
highway, bridge, or tunnel subject to an agreement under this
section or section 119(e), as in effect on the day before the
effective date of title I of the Intermodal Surface
Transportation Efficiency Act of 1991, requests modification of
such agreement, the Secretary shall modify such agreement to
allow the continuation of tolls in accordance with paragraph (3)
without repayment of Federal funds.
(7) Loans. -
(A) In general. - A State may loan to a public or private
entity constructing or proposing to construct under this
section a toll facility or non-toll facility with a dedicated
revenue source an amount equal to all or part of the Federal
share of the cost of the project if the project has a revenue
source specifically dedicated to it. Dedicated revenue sources
for non-toll facilities include excise taxes, sales taxes,
motor vehicle use fees, tax on real property, tax increment
financing, and such other dedicated revenue sources as the
Secretary determines appropriate.
(B) Compliance with federal laws. - As a condition of
receiving a loan under this paragraph, the public or private
entity that receives the loan shall ensure that the project
will be carried out in accordance with this title and any other
applicable Federal law, including any applicable provision of a
Federal environmental law.
(C) Subordination of debt. - The amount of any loan received
for a project under this paragraph may be subordinated to any
other debt financing for the project.
(D) Obligation of funds loaned. - Funds loaned under this
paragraph may only be obligated for projects under this
paragraph.
(E) Repayment. - The repayment of a loan made under this
paragraph shall commence not later than 5 years after date on
which the facility that is the subject of the loan is open to
traffic.
(F) Term of loan. - The term of a loan made under this
paragraph shall not exceed 30 years from the date on which the
loan funds are obligated.
(G) Interest. - A loan made under this paragraph shall bear
interest at or below market interest rates, as determined by
the State, to make the project that is the subject of the loan
feasible.
(H) Reuse of funds. - Amounts repaid to a State from a loan
made under this paragraph may be obligated -
(i) for any purpose for which the loan funds were available
under this title; and
(ii) for the purchase of insurance or for use as a capital
reserve for other forms of credit enhancement for project
debt in order to improve credit market access or to lower
interest rates for projects eligible for assistance under
this title.
(I) Guidelines. - The Secretary shall establish procedures
and guidelines for making loans under this paragraph.
(8) Initial construction defined. - For purposes of this
subsection, the term "initial construction" means the
construction of a highway, bridge, or tunnel at any time before
it is open to traffic and does not include any improvement to a
highway, bridge, or tunnel after it is open to traffic.
(b) Notwithstanding the provisions of section 301 of this title,
the Secretary may permit Federal participation under this title in
the construction of a project constituting an approach to a ferry,
whether toll or free, the route of which is a public road and has
not been designated as a route on the Interstate System. Such ferry
may be either publicly or privately owned and operated, but the
operating authority and the amount of fares charged for passage
shall be under the control of a State agency or official, and all
revenues derived from publicly owned or operated ferries shall be
applied to payment of the cost of construction or acquisition
thereof, including debt service, and to actual and necessary costs
of operation, maintenance, repair, and replacement.
(c) Notwithstanding section 301 of this title, the Secretary may
permit Federal participation under this title in the construction
of ferry boats and ferry terminal facilities, whether toll or free,
subject to the following conditions:
(1) It is not feasible to build a bridge, tunnel, combination
thereof, or other normal highway structure in lieu of the use of
such ferry.
(2) The operation of the ferry shall be on a route classified
as a public road within the State and which has not been
designated as a route on the Interstate System. Projects under
this subsection may be eligible for both ferry boats carrying
cars and passengers and ferry boats carrying passengers only.
(3) Such ferry boat or ferry terminal facility shall be
publicly owned or operated or majority publicly owned if the
Secretary determines with respect to a majority publicly owned
ferry or ferry terminal facility that such ferry boat or ferry
terminal facility provides substantial public benefits.
(4) The operating authority and the amount of fares charged for
passage on such ferry shall be under the control of the State or
other public entity, and all revenues derived therefrom shall be
applied to actual and necessary costs of operation, maintenance,
and (!1) repair, debt service, negotiated management fees, and,
in the case of a privately operated toll ferry, for a reasonable
rate of return.
(5) Such ferry may be operated only within the State (including
the islands which comprise the State of Hawaii and the islands
which comprise any territory of the United States) or between
adjoining States or between a point in a State and a point in the
Dominion of Canada. Except with respect to operations between the
islands which comprise the State of Hawaii, operations between
the islands which comprise any territory of the United States,
operations between a point in a State and a point in the Dominion
of Canada, and operations between any two points in Alaska and
between Alaska and Washington, including stops at appropriate
points in the Dominion of Canada, no part of such ferry operation
shall be in any foreign or international waters.
(6) No such ferry shall be sold, leased, or otherwise disposed
of without the approval of the Secretary. The Federal share of
any proceeds from such a disposition shall be credited to the
unprogramed balance of Federal-aid highway funds of the same
class last apportioned to such State. Any amount so credited
shall be in addition to all other funds then apportioned to such
State and available for expenditure in accordance with the
provisions of this title.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86-657, Secs.
5, 8(a), July 14, 1960, 74 Stat. 523, 524; Pub. L. 90-495, Sec. 28,
Aug. 23, 1968, 82 Stat. 829; Pub. L. 91-605, title I, Secs. 133,
139, Dec. 31, 1970, 84 Stat. 1732, 1736; Pub. L. 92-434, Sec. 7,
Sept. 26, 1972, 86 Stat. 732; Pub. L. 93-87, title I, Secs. 118,
132, 139, Aug. 13, 1973, 87 Stat. 259, 267, 270; Pub. L. 93-643,
Sec. 108, Jan. 4, 1975, 88 Stat. 2284; Pub. L. 94-280, title I,
Sec. 121, May 5, 1976, 90 Stat. 438; Pub. L. 95-599, title I, Sec.
120, Nov. 6, 1978, 92 Stat. 2700; Pub. L. 100-17, title I, Sec.
120(a), (b), Apr. 2, 1987, 101 Stat. 157, 158; Pub. L. 100-202,
Sec. 101(l) [title III, Sec. 347(d)], Dec. 22, 1987, 101 Stat. 1329-
358, 1329-388; Pub. L. 100-457, title III, Secs. 326, 335, Sept.
30, 1988, 102 Stat. 2150, 2153; Pub. L. 102-240, title I, Sec.
1012(a), (c), Dec. 18, 1991, 105 Stat. 1936, 1938; Pub. L. 102-388,
title IV, Sec. 410, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 104-59,
title III, Sec. 313(a)-(c), Nov. 28, 1995, 109 Stat. 585, 586; Pub.
L. 105-178, title I, Secs. 1106(c)(1)(C), 1207(a), 1211(f),
formerly 1211(g), June 9, 1998, 112 Stat. 136, 185, 189; Pub. L.
105-206, title IX, Sec. 9003(d)(5), July 22, 1998, 112 Stat. 840;
Pub. L. 109-59, title I, Sec. 1801(f), Aug. 10, 2005, 119 Stat.
1456.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of the Intermodal Surface
Transportation Efficiency Act of 1991, referred to in subsec.
(a)(1)(B), is the date of enactment of Pub. L. 102-240, which was
approved Dec. 18, 1991.
For the effective date of title I of the Intermodal Surface
Transportation Efficiency Act of 1991, referred to in subsec.
(a)(6), see section 1100 of Pub. L. 102-240, set out as an
Effective Date of 1991 Amendment note under section 104 of this
title.
-MISC1-
AMENDMENTS
2005 - Subsec. (c)(5). Pub. L. 109-59 substituted "any territory
of the United States" for "the Commonwealth of Puerto Rico" in two
places.
1998 - Subsec. (b). Pub. L. 105-178, Sec. 1106(c)(1)(C),
substituted "which is a public road and has not" for "which has
been classified as a public road and has not" in first sentence.
Subsec. (c)(3). Pub. L. 105-178, Sec. 1207(a), substituted "owned
or operated or majority publicly owned if the Secretary determines
with respect to a majority publicly owned ferry or ferry terminal
facility that such ferry boat or ferry terminal facility provides
substantial public benefits." for "owned."
Subsec. (d). Pub. L. 105-178, Sec. 1211(f), formerly Sec.
1211(g), as renumbered by Pub. L. 105-206, Sec. 9003(d)(5), struck
out subsec. (d) which related to pilot toll collection program.
1995 - Subsec. (a)(5). Pub. L. 104-59, Sec. 313(a), amended par.
(5) generally. Prior to amendment, par. (5) read as follows:
"(5) Limitation on federal share. - Except as otherwise provided
in this paragraph, the Federal share payable for construction of a
highway, bridge, tunnel, or approach thereto or conversion of a
highway, bridge, or tunnel to a toll facility under this subsection
shall be such percentage as the State determines but not to exceed
50 percent. The Federal share payable for construction of a new
bridge, tunnel, or approach thereto or for reconstruction or
replacement of a bridge, tunnel, or approach thereto shall be such
percentage as the Secretary determines but not to exceed 80
percent. In the case of a toll facility subject to an agreement
under section 119 or 129, the Federal share payable on any project
for resurfacing, restoring, rehabilitating, or reconstructing such
facility shall be 80 percent until the scheduled expiration of such
agreement (as in effect on the day before the date of the enactment
of the Intermodal Surface Transportation Efficiency Act of 1991)."
Subsec. (a)(7). Pub. L. 104-59, Sec. 313(b), amended par. (7)
generally. Prior to amendment, par. (7) read as follows:
"(7) Loans. - A State may loan all or part of the Federal share
of a toll project under this section to a public or private agency
constructing a toll facility. Such loan may be made only after all
Federal environmental requirements have been complied with and
permits obtained. The amount loaned shall be subordinated to other
debt financing for the facility except for loans made by the State
or any other public agency to the agency constructing the facility.
Funds loaned pursuant to this section may be obligated for projects
eligible under this section. The repayment of any such loan shall
commence not more than 5 years after the facility has opened to
traffic. Any such loan shall bear interest at the average rate the
State's pooled investment fund earned in the 52 weeks preceding the
start of repayment. The term of any such loan shall not exceed 30
years from the time the loan was obligated. Amounts repaid to a
State from any loan made under this section may be obligated for
any purpose for which the loaned funds were available. The
Secretary shall establish procedures and guidelines for making such
loans."
Subsec. (c)(5). Pub. L. 104-59, Sec. 313(c), inserted before
period at end of first sentence "or between a point in a State and
a point in the Dominion of Canada" and in second sentence
substituted "Hawaii," for "Hawaii and" and inserted ", operations
between a point in a State and a point in the Dominion of Canada,"
after "Puerto Rico".
1992 - Subsec. (b). Pub. L. 102-388, Sec. 410(1), which directed
the substitution of "classified as a public road" for "approved
under section 103(b) or (b) of this title as a part of one of the
Federal-aid systems", was executed by making the substitution for
"approved under section 103(b) or (c) of this title as a part of
one of the Federal-aid systems" to reflect the probable intent of
Congress.
Subsec. (c)(2). Pub. L. 102-388, Sec. 410(2), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "The
operation of the ferry shall be on a route which has been approved
under section 103(b) or (c) of this title as a part of one of the
Federal-aid systems within the State and has not been designated as
a route on the Interstate System."
1991 - Subsec. (a). Pub. L. 102-240, Sec. 1012(a), amended
subsec. (a) generally, substituting present provisions for
provisions authorizing Federal participation in construction or
acquisition of toll bridges, tunnels and approaches, provided that
facility was publicly owned and operated by State or public
authority, and State or authority agreed that all tolls, less those
used to offset cost of operation and maintenance, were to be
applied to repayment of State or authority for cost of construction
or acquisition, that no tolls were to be charged after such
repayment, and that facility was to be free of charge thereafter,
except in case of bridge connecting United States with foreign
country.
Subsec. (b). Pub. L. 102-240, Sec. 1012(c)(1), (2), redesignated
subsec. (f) as (b) and struck out former subsec. (b) which
authorized Secretary to approve toll roads, bridges and tunnels as
part of Interstate System, authorized expenditure of Federal-aid
highway funds on toll roads after they became toll-free, and
required agreements between Secretary and State highway departments
on construction of Interstate projects to forbid construction of
toll roads, but not toll bridges and tunnels, on interstate highway
route without official concurrence of Secretary, after June 30,
1968.
Subsec. (c). Pub. L. 102-240, Sec. 1012(c), redesignated subsec.
(g) as (c), inserted "and ferry terminal facilities" after "boats"
in introductory provisions, added par. (3) and struck out former
par. (3) which read as follows: "Such ferry shall be publicly owned
and operated.", in par. (4), inserted "or other public entity"
after "State" and ", debt service, negotiated management fees, and,
in the case of a privately operated toll ferry, for a reasonable
rate of return" before period at end, and struck out former subsec.
(c) which made available funds authorized for expenditure on
Federal-aid highway systems for projects approaching toll roads,
bridges or tunnels up to point where project had use irrespective
of use for toll road, bridge or tunnel.
Subsec. (d). Pub. L. 102-240, Sec. 1012(c)(1), (2), redesignated
subsec. (j) as (d) and struck out former subsec. (d) which made
available funds authorized for expenditure on Interstate System for
Interstate System projects approaching toll road and having no
other use, if agreement was reached that section of toll road would
become free to public upon collection of tolls sufficient to
liquidate cost of road and outstanding bonds and cost of
maintenance, operation and debt service during period of toll
collection, and that there was a reasonably satisfactory
alternative free route available to bypass toll section.
Subsec. (e). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.
(e) which authorized Secretary to permit Federal participation in
reconstruction and improvement of two-lane toll road designated as
part of the Interstate System before June 30, 1973, as necessary to
bring such road to standards of Interstate System, provided that
toll road authority agreed that no new indebtedness to be
liquidated by tolls was to be incurred, that all tolls be used for
operation and maintenance and to repay outstanding bonds, and that,
upon liquidation of such bonds, the road was to become free to
public.
Subsecs. (f), (g). Pub. L. 102-240, Sec. 1012(c)(2), redesignated
subsecs. (f) and (g) as (b) and (c), respectively.
Subsec. (h). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.
(h) which provided that, in case of interstate toll bridge on
Federal-aid primary system, except Interstate System, owned by
State or political subdivision, that became toll-free by Jan. 1,
1975, because of purchase or construction by State before Jan. 1,
1975, funds would be made available under section 104(b)(1) and (3)
of this title to pay Federal share of lesser of value of bridge
(after deducting portion of value already attributable to Federal
funds) or amount by which principal amount of outstanding unpaid
bonds issued for construction or acquisition of bridge exceeded
amount accumulated for their amortization, on date bridge became
free to public.
Subsec. (i). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.
(i) which authorized Secretary to permit Federal participation,
through funds for Federal-aid highway system, other than Interstate
System, in engineering and fiscal assessments, traffic analyses,
network studies, etc., to determine whether privately owned toll
bridges should be acquired by a State or subdivision.
Subsec. (j). Pub. L. 102-240, Sec. 1012(c)(2), redesignated
subsec. (j) as (d).
Subsec. (k). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.
(k) which required operators of toll roads, tunnels, ferries and
bridges on Federal-aid highway system to biennially certify to
Governor of State that facilities were adequately maintained and
that operator had ability to fund such facilities that were not
adequately maintained without using Federal-aid highway funds, and
which required Governor of each State to report biennially to
Secretary on facilities required to so certify.
1988 - Subsec. (j)(1), (3). Pub. L. 100-457, Sec. 335, amended
Pub. L. 100-202, Sec. 101(l) [title III, Sec. 347(d)(1), (2)(A),
(C)], see 1987 Amendment note below.
Subsec. (j)(6). Pub. L. 100-457, Sec. 326(1), inserted "(and, in
the case of the State of Texas, the Texas Turnpike Authority)"
after "State highway department".
Subsec. (j)(10). Pub. L. 100-457, Sec. 326(2), added par. (10).
1987 - Subsec. (j). Pub. L. 100-17, Sec. 120(a), added subsec.
(j).
Subsec. (j)(1). Pub. L. 100-202, Sec. 101(l) [title III, Sec.
347(d)(1)], as amended by Pub. L. 100-457, Sec. 335, which directed
the amendment of par. (1) by substituting "(9)" for "(9)" was
executed by substituting "9" for "7" as the probable intent of
Congress.
Subsec. (j)(3). Pub. L. 100-202, Sec. 101(l) [title III, Sec.
347(d)(2)(A)], as amended by Pub. L. 100-457, Sec. 335, which
directed the amendment of par. (3) by substituting "(9)" for "(7)"
was executed by substituting "9" for "7" as the probable intent of
Congress.
Pub. L. 100-202, Sec. 101(l) [title III, Sec. 347(d)(2)(B)-(D)],
as amended by Pub. L. 100-457, Sec. 335, substituted "States of
Pennsylvania and West Virginia" for "State of Pennsylvania" in two
places and inserted "States of Georgia and West Virginia," and "The
toll facility in Orange County, California, may be located in more
than 1 highway corridor to relieve congestion on existing
interstate routes in such County."
Subsec. (k). Pub. L. 100-17, Sec. 120(b), added subsec. (k).
1978 - Subsec. (i). Pub. L. 95-599 added subsec. (i).
1976 - Subsec. (g)(5). Pub. L. 94-280 authorized ferry operations
within the islands which comprise the Commonwealth of Puerto Rico
and excepted ferry operations between the islands which comprise
the Commonwealth of Puerto Rico from the prohibition of ferry
operations in foreign or international waters.
1975 - Subsec. (g)(5). Pub. L. 93-643 substituted "operations
between the islands which comprise the State of Hawaii and
operations between any two points in Alaska and between Alaska and
Washington, including stops at appropriate points in the Dominion
of Canada" for "operations between the islands which comprise the
State of Hawaii and operations between the States of Alaska and
Washington, or between any two points within the State of Alaska".
1973 - Subsec. (b). Pub. L. 93-87, Sec. 118(a), inserted third
sentence providing that when any toll road which the Secretary has
approved as a part of the Interstate System is made a toll-free
facility, Federal-aid highway funds apportioned under section
104(b)(5) of this title may be expended for the construction,
reconstruction, or improvement of that road to meet the standards
adopted for the improvement of projects located on the Interstate
System.
Subsec. (e). Pub. L. 93-87, Sec. 118(b), struck from first
sentence "on the date of enactment of this subsection" before "as
he may find necessary" and substituted in third sentence "1973" for
"1968".
Subsecs. (f), (g). Pub. L. 93-87, Sec. 139, redesignated the
second subsec. (f) as (g) and in par. (5) substituted "may be
operated" for "shall be operated", inserted "(including the islands
which comprise the State of Hawaii)" after "within the State", and
excepted operations between the islands which comprise the State of
Hawaii and operations between the States of Alaska and Washington,
or between any two points within the State of Alaska from the
prohibition against ferry operations in foreign or international
waters.
Subsec. (h). Pub. L. 93-87, Sec. 132, added subsec. (h).
1972 - Subsec. (a)(3). Pub. L. 92-434 substituted "or" for "and"
making text read "maintained or operated", and required domestic
and foreign tolls for international bridges, and that the tolls be
limited to amount necessary for maintenance, repair, and operation
thereof.
1970 - Subsec. (e). Pub. L. 91-605, Sec. 133, added subsec. (e).
Former subsec. (e), pertaining to ferry approaches, redesignated
(f).
Subsec. (f). Pub. L. 91-605, Secs. 133, 139, redesignated subsec.
(e), relating to ferry approaches, as (f) and added a second
subsec. (f) relating to ferry boats.
1968 - Subsec. (b). Pub. L. 90-495 required that, after June 30,
1968, as a condition for the addition of toll highway facilities on
the Interstate System, the approval of the Secretary is required,
with an affirmative finding that the construction of the road as a
toll facility rather than a toll-free facility is in the public
interest, but with such limitation on the construction of toll
facilities not to extend to toll bridges and tunnels.
1960 - Pub. L. 86-657, Sec. 5(b), included ferries in section
catchline.
Subsec. (c). Pub. L. 86-657, Sec. 8(a), struck out "under prior
Acts" after "Funds authorized".
Subsec. (e). Pub. L. 86-657, Sec. 5(a), added subsec. (e).
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
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.
EXPRESS LANES DEMONSTRATION PROGRAM
Pub. L. 109-59, title I, Sec. 1604(b), Aug. 10, 2005, 119 Stat.
1250, provided that:
"(1) Definitions. - In this subsection, the following definitions
apply:
"(A) Eligible toll facility. - The term 'eligible toll
facility' includes -
"(i) a facility in existence on the date of enactment of this
Act [Aug. 10, 2005] that collects tolls;
"(ii) a facility in existence on the date of enactment of
this Act that serves high occupancy vehicles;
"(iii) a facility modified or constructed after the date of
enactment of this Act to create additional tolled lane capacity
(including a facility constructed by a private entity or using
private funds); and
"(iv) in the case of a new lane added to a previously non-
tolled facility, only the new lane.
"(B) Nonattainment area. - The term 'nonattainment area' has
the meaning given that term in section 171 of the Clean Air Act
(42 U.S.C. 7501).
"(2) Demonstration program. - Notwithstanding sections 129 and
301 of title 23, United States Code, the Secretary [of
Transportation] shall carry out 15 demonstration projects during
the period of fiscal years 2005 through 2009 to permit States,
public authorities, or a [sic] public or private entities
designated by States, to collect a toll from motor vehicles at an
eligible toll facility for any highway, bridge, or tunnel,
including facilities on the Interstate System -
"(A) to manage high levels of congestion;
"(B) to reduce emissions in a nonattainment area or maintenance
area; or
"(C) to finance the expansion of a highway, for the purpose of
reducing traffic congestion, by constructing one or more
additional lanes (including bridge, tunnel, support, and other
structures necessary for that construction) on the Interstate
System.
"(3) Limitation on use of revenues. -
"(A) Use. -
"(i) In general. - Toll revenues received under paragraph (2)
shall be used by a State, public authority, or private entity
designated by a State, for -
"(I) debt service;
"(II) a reasonable return on investment of any private
financing;
"(III) the costs necessary for proper operation and
maintenance of any facilities under paragraph (2) (including
reconstruction, resurfacing, restoration, and
rehabilitation); or
"(IV) if the State, public authority, or private entity
annually certifies that the tolled facility is being
adequately operated and maintained, any other purpose
relating to a highway or transit project carried out under
title 23 or 49, United States Code.
"(B) Requirements. -
"(i) Variable price requirement. - A facility that charges
tolls under this subsection may establish a toll that varies in
price according to time of day or level of traffic, as
appropriate to manage congestion or improve air quality.
"(ii) HOV variable pricing requirement. - The Secretary [of
Transportation] shall require, for each high occupancy vehicle
facility that charges tolls under this subsection, that the
tolls vary in price according to time of day or level of
traffic, as appropriate to manage congestion or improve air
quality.
"(iii) HOV passenger requirements. - Pursuant to section 166
of title 23, United States Code, a State may permit motor
vehicles with fewer than two occupants to operate in high
occupancy vehicle lanes as part of a variable toll pricing
program established under this subsection.
"(C) Agreement. -
"(i) In general. - Before the Secretary may permit a facility
to charge tolls under this subsection, the Secretary and the
applicable State, public authority, or private entity
designated by a State shall enter into an agreement for each
facility incorporating the conditions described in
subparagraphs (A) and (B).
"(ii) Termination. - An agreement under clause (i) shall
terminate with respect to a facility upon the decision of the
State, public authority, or private entity designated by a
State to discontinue the variable tolling program under this
subsection for the facility.
"(iii) Debt. - If there is any debt outstanding on a facility
at the time at which the decision is made to discontinue the
program under this subsection with respect to the facility, the
facility may continue to charge tolls in accordance with the
terms of the agreement until such time as the debt is retired.
"(D) Limitation on federal share. - The Federal share of the
cost of a project on a facility tolled under this subsection,
including a project to install the toll collection facility shall
be a percentage, not to exceed 80 percent, determined by the
applicable State.
"(4) Eligibility. - To be eligible to participate in the program
under this subsection, a State, public authority, or private entity
designated by a State shall provide to the Secretary [of
Transportation] -
"(A) a description of the congestion or air quality problems
sought to be addressed under the program;
"(B) a description of -
"(i) the goals sought to be achieved under the program; and
"(ii) the performance measures that would be used to gauge
the success made toward reaching those goals; and
"(C) such other information as the Secretary may require.
"(5) Automation. - Fees collected from motorists using an express
lane shall be collected only through the use of noncash electronic
technology that optimizes the free flow of traffic on the tolled
facility.
"(6) Interoperability. -
"(A) In general. - Not later than 180 days after the date of
enactment of this Act [Aug. 10, 2005], the Secretary [of
Transportation] shall promulgate a final rule specifying
requirements, standards, or performance specifications for
automated toll collection systems implemented under this section
[enacting provisions set out as a note under this section and
amending provisions set out as a note under section 149 of this
title].
"(B) Development. - In developing that rule, which shall be
designed to maximize the interoperability of electronic
collection systems, the Secretary shall, to the maximum extent
practicable -
"(i) seek to accelerate progress toward the national goal of
achieving a nationwide interoperable electronic toll collection
system;
"(ii) take into account the use of noncash electronic
technology currently deployed within an appropriate
geographical area of travel and the noncash electronic
technology likely to be in use within the next 5 years; and
"(iii) seek to minimize additional costs and maximize
convenience to users of toll facility and to the toll facility
owner or operator.
"(7) Reporting. -
"(A) In general. - The Secretary [of Transportation], in
cooperation with State and local agencies and other program
participants and with opportunity for public comment, shall -
"(i) develop and publish performance goals for each express
lane project;
"(ii) establish a program for regular monitoring and
reporting on the achievement of performance goals, including -
"(I) effects on travel, traffic, and air quality;
"(II) distribution of benefits and burdens;
"(III) use of alternative transportation modes; and
"(IV) use of revenues to meet transportation or impact
mitigation needs.
"(B) Reports to congress. - The Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives -
"(i) not later than 1 year after the date of enactment of
this Act [Aug. 10, 2005], and annually thereafter, a report
that describes in detail the uses of funds under this
subsection in accordance with paragraph (8)(D) [no par. (8) has
been enacted]; and
"(ii) not later than 3 years after the date of enactment of
this Act, and every 3 years thereafter, a report that describes
any success of the program under this subsection in meeting
congestion reduction and other performance goals established
for express lane programs."
INTERSTATE SYSTEM CONSTRUCTION TOLL PILOT PROGRAM
Pub. L. 109-59, title I, Sec. 1604(c), Aug. 10, 2005, 119 Stat.
1253, provided that:
"(1) Establishment. - The Secretary [of Transportation] shall
establish and implement an Interstate System construction toll
pilot program under which the Secretary, notwithstanding sections
129 and 301 of title 23, United States Code, may permit a State or
an interstate compact of States to collect tolls on a highway,
bridge, or tunnel on the Interstate System for the purpose of
constructing Interstate highways.
"(2) Limitation on number of facilities. - The Secretary [of
Transportation] may permit the collection of tolls under this
section on three facilities on the Interstate System.
"(3) Eligibility. - To be eligible to participate in the pilot
program, a State shall submit to the Secretary [of Transportation]
an application that contains, at a minimum, the following:
"(A) An identification of the facility on the Interstate System
proposed to be a toll facility.
"(B) In the case of a facility that affects a metropolitan
area, an assurance that the metropolitan planning organization
designated under section 134 or 135 for the area has been
consulted concerning the placement and amount of tolls on the
facility.
"(C) An analysis demonstrating that financing the construction
of the facility with the collection of tolls under the pilot
program is the most efficient and economical way to advance the
project.
"(D) A facility management plan that includes -
"(i) a plan for implementing the imposition of tolls on the
facility;
"(ii) a schedule and finance plan for the construction of the
facility using toll revenues;
"(iii) a description of the public transportation agency that
will be responsible for implementation and administration of
the pilot program;
"(iv) a description of whether consideration will be given to
privatizing the maintenance and operational aspects of the
facility, while retaining legal and administrative control of
the portion of the Interstate route; and
"(v) such other information as the Secretary may require.
"(4) Selection criteria. - The Secretary [of Transportation] may
approve the application of a State under paragraph (3) only if the
Secretary determines that -
"(A) the State's analysis under paragraph (3)(C) is reasonable;
"(B) the State plan for implementing tolls on the facility
takes into account the interests of local, regional, and
interstate travelers;
"(C) the State plan for construction of the facility using toll
revenues is reasonable;
"(D) the State will develop, manage, and maintain a system that
will automatically collect the tolls; and
"(E) the State has given preference to the use of a public toll
agency with demonstrated capability to build, operate, and
maintain a toll expressway system meeting criteria for the
Interstate System.
"(5) Prohibition on noncompete agreements. - Before the Secretary
[of Transportation] may permit a State to participate in the pilot
program, the State must enter into an agreement with the Secretary
that provides that the State will not enter into an agreement with
a private person under which the State is prevented from improving
or expanding the capacity of public roads adjacent to the toll
facility to address conditions resulting from traffic diverted to
such roads from the toll facility, including -
"(A) excessive congestion;
"(B) pavement wear; and
"(C) an increased incidence of traffic accidents, injuries, or
fatalities.
"(6) Limitations on use of revenues; audits. - Before the
Secretary [of Transportation] may permit a State to participate in
the pilot program, the State must enter into an agreement with the
Secretary that provides that -
"(A) all toll revenues received from operation of the toll
facility will be used only for -
"(i) debt service;
"(ii) reasonable return on investment of any private person
financing the project; and
"(iii) any costs necessary for the improvement of and the
proper operation and maintenance of the toll facility,
including reconstruction, resurfacing, restoration, and
rehabilitation of the toll facility; and
"(B) regular audits will be conducted to ensure compliance with
subparagraph (A) and the results of such audits will be
transmitted to the Secretary.
"(7) Limitation on use of interstate maintenance funds. - During
the term of the pilot program, funds apportioned for Interstate
maintenance under section 104(b)(4) of title 23, United States
Code, may not be used on a facility for which tolls are being
collected under the program.
"(8) Program term. - The Secretary [of Transportation] may
approve an application of a State for permission to collect a toll
under this section only if the application is received by the
Secretary before the last day of the 10-year period beginning on
the date of enactment of this Act [Aug. 10, 2005].
"(9) Interstate system defined. - In this section, the term
'Interstate System' has the meaning such term has under section 101
of title 23, United States Code."
NATIONAL FERRY DATABASE
Pub. L. 109-59, title I, Sec. 1801(e), Aug. 10, 2005, 119 Stat.
1456, provided that:
"(1) Establishment. - The Secretary [of Transportation], acting
through the Bureau of Transportation Statistics, shall establish
and maintain a national ferry database.
"(2) Contents. - The database shall contain current information
regarding ferry systems, including information regarding routes,
vessels, passengers and vehicles carried, funding sources and such
other information as the Secretary considers useful.
"(3) Update report. - Using information collected through the
database, the Secretary shall periodically modify as appropriate
the report submitted under section 1207(c) of the Transportation
Equity Act for the 21st Century [Pub. L. 105-178] (23 U.S.C. 129
note; 112 Stat. 185-186).
"(4) Requirements. - The Secretary shall -
"(A) compile the database not later than 1 year after the date
of enactment of this Act [Aug. 10, 2005] and update the database
every 2 years thereafter;
"(B) ensure that the database is easily accessible to the
public; and
"(C) make available, from the amounts made available for the
Bureau of Transportation Statistics by section 5101 of this Act
[119 Stat. 1779], not more than $500,000 for each of fiscal years
2006 through 2009 to establish and maintain the database."
FERRY TRANSPORTATION STUDY
Pub. L. 105-178, title I, Sec. 1207(c), June 9, 1998, 112 Stat.
185, provided that:
"(1) In general. - The Secretary shall conduct a study of ferry
transportation in the United States and its possessions -
"(A) to identify existing ferry operations, including -
"(i) the locations and routes served; and
"(ii) the source and amount, if any, of funds derived from
Federal, State, or local government sources supporting ferry
construction or operations;
"(B) to identify potential domestic ferry routes in the United
States and its possessions and to develop information on those
routes; and
"(C) to identify the potential for use of high-speed ferry
services and alternative-fueled ferry services.
"(2) Report. - The Secretary shall submit a report on the results
of the study to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment
and Public Works of the Senate."
INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION PILOT PROGRAM
Pub. L. 105-178, title I, Sec. 1216(b), June 9, 1998, 112 Stat.
212, provided that:
"(1) Establishment. - The Secretary shall establish and implement
an Interstate System reconstruction and rehabilitation pilot
program under which the Secretary, notwithstanding sections 129 and
301 of title 23, United States Code, may permit a State to collect
tolls on a highway, bridge, or tunnel on the Interstate System for
the purpose of reconstructing and rehabilitating Interstate highway
corridors that could not otherwise be adequately maintained or
functionally improved without the collection of tolls.
"(2) Limitation on number of facilities. - The Secretary may
permit the collection of tolls under this subsection on 3
facilities on the Interstate System. Each of such facilities shall
be located in a different State.
"(3) Eligibility. - To be eligible to participate in the pilot
program, a State shall submit to the Secretary an application that
contains, at a minimum, the following:
"(A) An identification of the facility on the Interstate System
proposed to be a toll facility, including the age, condition, and
intensity of use of the facility.
"(B) In the case of a facility that affects a metropolitan
area, an assurance that the metropolitan planning organization
established under section 134 of title 23, United States Code,
for the area has been consulted concerning the placement and
amount of tolls on the facility.
"(C) An analysis demonstrating that the facility could not be
maintained or improved to meet current or future needs from the
State's apportionments and allocations made available by this Act
[see Tables for classification] (including amendments made by
this Act) and from revenues for highways from any other source
without toll revenues.
"(D) A facility management plan that includes -
"(i) a plan for implementing the imposition of tolls on the
facility;
"(ii) a schedule and finance plan for the reconstruction or
rehabilitation of the facility using toll revenues;
"(iii) a description of the public transportation agency that
will be responsible for implementation and administration of
the pilot program;
"(iv) a description of whether consideration will be given to
privatizing the maintenance and operational aspects of the
facility, while retaining legal and administrative control of
the portion of the Interstate route; and
"(v) such other information as the Secretary may require.
"(4) Selection criteria. - The Secretary may approve the
application of a State under paragraph (3) only if the Secretary
determines that -
"(A) the State is unable to reconstruct or rehabilitate the
proposed toll facility using existing apportionments;
"(B) the facility has a sufficient intensity of use, age, or
condition to warrant the collection of tolls;
"(C) the State plan for implementing tolls on the facility
takes into account the interests of local, regional, and
interstate travelers;
"(D) the State plan for reconstruction or rehabilitation of the
facility using toll revenues is reasonable; and
"(E) the State has given preference to the use of a public toll
agency with demonstrated capability to build, operate, and
maintain a toll expressway system meeting criteria for the
Interstate System.
"(5) Limitations on use of revenues; audits. - Before the
Secretary may permit a State to participate in the pilot program,
the State must enter into an agreement with the Secretary that
provides that -
"(A) all toll revenues received from operation of the toll
facility will be used only for -
"(i) debt service;
"(ii) reasonable return on investment of any private person
financing the project; and
"(iii) any costs necessary for the improvement of and the
proper operation and maintenance of the toll facility,
including reconstruction, resurfacing, restoration, and
rehabilitation of the toll facility; and
"(B) regular audits will be conducted to ensure compliance with
subparagraph (A) and the results of such audits will be
transmitted to the Secretary.
"(6) Limitation on use of interstate maintenance funds. - During
the term of the pilot program, funds apportioned for Interstate
maintenance under section 104(b)(4) of title 23, United States
Code, may not be used on a facility for which tolls are being
collected under the program.
"(7) Program term. - The Secretary shall conduct the pilot
program under this subsection for a term to be determined by the
Secretary, but not less than 10 years.
"(8) Interstate system defined. - In this subsection, the term
'Interstate System' has the meaning such term has under section 101
of title 23, United States Code."
CONTINUATION OF EXISTING AGREEMENTS
Section 1012(d) of title I of Pub. L. 102-240 provided that:
"Unless modified under section 129(a)(6) of such title [this
title], as amended by subsection (a) of this section, agreements
entered into under section 119(e) or 129 of such title before the
effective date of this title [Dec. 18, 1991] and in effect on the
day before such effective date shall continue in effect on and
after such effective date in accordance with the provisions of such
agreement and such section 119(e) or 129."
CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES
Pub. L. 102-240, title I, Sec. 1064, Dec. 18, 1991, 105 Stat.
2005, as amended by Pub. L. 102-388, title III, Sec. 332, Oct. 6,
1992, 106 Stat. 1550; Pub. L. 105-178, title I, Sec. 1207(b), June
9, 1998, 112 Stat. 185, which directed the Secretary to carry out a
program for construction of ferry boats and ferry terminal
facilities in accordance with section 129(c) of this title, was
repealed by Pub. L. 109-59, title I, Sec. 1801(c), Aug. 10, 2005,
119 Stat. 1456. See section 147 of this title.
STUDY TO DETERMINE EXTENT OF BONDED INDEBTEDNESS OF STATES FOR
CONSTRUCTION OF TOLL ROADS INCORPORATED INTO INTERSTATE SYSTEM
Section 164 of Pub. L. 95-599, as amended by Pub. L. 96-106, Sec.
16, Nov. 19, 1979, 93 Stat. 798, directed Secretary of
Transportation to report not later than July 1, 1980, respecting
extent of outstanding bonded indebtedness for each State as of Jan.
1, 1979, incurred by each State or public authority prior to June
29, 1956, for road construction or portions incorporated within
Interstate System, and methods of allocating bonded indebtedness
and removal of toll provisions.
RICHMOND-PETERSBURG TURNPIKE
Section 131 of Pub. L. 91-605 provided that: "The Secretary of
Transportation is authorized to amend any agreement heretofore
entered into under the provisions of section 129(d) of title 23,
United States Code, in order to permit the continuation of tolls on
the existing Richmond-Petersburg Turnpike to finance the
construction within the existing termini of such turnpike of two
lanes thereon in addition to the lanes in existence on the date of
enactment of this section [Dec. 31, 1970] necessary to meet traffic
and highway safety requirements. Any amended agreement entered into
for such purposes shall provide assurances that the existing
turnpike (including the additional lanes) shall become free to the
public upon the collection of tolls sufficient to liquidate all
construction costs, and the costs of maintenance, operation, and
debt service during the period of toll collections to liquidate
such construction costs, but in no event shall tolls be collected
after date of maturity of those bonds outstanding on the date of
enactment of this section [Dec. 31, 1970] issued for construction
of such turnpike having the latest maturity date."
-FOOTNOTE-
(!1) So in original. The word "and" probably should not appear.
-End-
-CITE-
23 USC Sec. 130 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 130. Railway-highway crossings
-STATUTE-
(a) Subject to section 120 and subsection (b) of this section,
the entire cost of construction of projects for the elimination of
hazards of railway-highway crossings, including the separation or
protection of grades at crossings, the reconstruction of existing
railroad grade crossing structures, and the relocation of highways
to eliminate grade crossings, may be paid from sums apportioned in
accordance with section 104 of this title. In any case when the
elimination of the hazards of a railway-highway crossing can be
effected by the relocation of a portion of a railway at a cost
estimated by the Secretary to be less than the cost of such
elimination by one of the methods mentioned in the first sentence
of this section, then the entire cost of such relocation project,
subject to section 120 and subsection (b) of this section, may be
paid from sums apportioned in accordance with section 104 of this
title.
(b) The Secretary may classify the various types of projects
involved in the elimination of hazards of railway-highway
crossings, and may set for each such classification a percentage of
the costs of construction which shall be deemed to represent the
net benefit to the railroad or railroads for the purpose of
determining the railroad's share of the cost of construction. The
percentage so determined shall in no case exceed 10 per centum. The
Secretary shall determine the appropriate classification of each
project.
(c) Any railroad involved in a project for the elimination of
hazards of railway-highway crossings paid for in whole or in part
from sums made available for expenditure under this title, or prior
Acts, shall be liable to the United States for the net benefit to
the railroad determined under the classification of such project
made pursuant to subsection (b) of this section. Such liability to
the United States may be discharged by direct payment to the State
transportation department of the State in which the project is
located, in which case such payment shall be credited to the cost
of the project. Such payment may consist in whole or in part of
materials and labor furnished by the railroad in connection with
the construction of such project. If any such railroad fails to
discharge such liability within a six-month period after completion
of the project, it shall be liable to the United States for its
share of the cost, and the Secretary shall request the Attorney
General to institute proceedings against such railroad for the
recovery of the amount for which it is liable under this
subsection. The Attorney General is authorized to bring such
proceedings on behalf of the United States, in the appropriate
district court of the United States, and the United States shall be
entitled in such proceedings to recover such sums as it is
considered and adjudged by the court that such railroad is liable
for in the premises. Any amounts recovered by the United States
under this subsection shall be credited to miscellaneous receipts.
(d) Survey and Schedule of Projects. - Each State shall conduct
and systematically maintain a survey of all highways to identify
those railroad crossings which may require separation, relocation,
or protective devices, and establish and implement a schedule of
projects for this purpose. At a minimum, such a schedule shall
provide signs for all railway-highway crossings.
(e) Funds for Protective Devices. -
(1) In general. - Before making an apportionment under section
104(b)(5) for a fiscal year, the Secretary shall set aside, from
amounts made available to carry out the highway safety
improvement program under section 148 for such fiscal year, at
least $220,000,000 for the elimination of hazards and the
installation of protective devices at railway-highway crossings.
At least 1/2 of the funds authorized for and expended under
this section shall be available for the installation of
protective devices at railway-highway crossings. Sums authorized
to be appropriated to carry out this section shall be available
for obligation in the same manner as funds apportioned under
section 104(b)(1) of this title.
(2) Special rule. - If a State demonstrates to the satisfaction
of the Secretary that the State has met all its needs for
installation of protective devices at railway-highway crossings,
the State may use funds made available by this section for other
highway safety improvement program purposes.
(f) Apportionment. -
(1) Formula. - Fifty percent of the funds set aside to carry
out this section pursuant to subsection (e)(1) shall be
apportioned to the States in accordance with the formula set
forth in section 104(b)(3)(A), and 50 percent of such funds shall
be apportioned to the States in the ratio that total public
railway-highway crossings in each State bears to the total of
such crossings in all States.
(2) Minimum apportionment. - Notwithstanding paragraph (1),
each State shall receive a minimum of one-half of 1 percent of
the funds apportioned under paragraph (1).
(3) Federal share. - The Federal share payable on account of
any project financed with funds set aside to carry out this
section shall be 90 percent of the cost thereof.
(g) Annual Report. - Each State shall report to the Secretary not
later than December 30 of each year on the progress being made to
implement the railway-highway crossings program authorized by this
section and the effectiveness of such improvements. Each State
report shall contain an assessment of the costs of the various
treatments employed and subsequent accident experience at improved
locations. The Secretary shall submit a report to the Committee on
Environment and Public Works and the Committee on Commerce,
Science, and Transportation,(!1) of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives,
not later than April 1, 2006, and every 2 years thereafter,,(!1) on
the progress being made by the State in implementing projects to
improve railway-highway crossings. The report shall include, but
not be limited to, the number of projects undertaken, their
distribution by cost range, road system, nature of treatment, and
subsequent accident experience at improved locations. In addition,
the Secretary's report shall analyze and evaluate each State
program, identify any State found not to be in compliance with the
schedule of improvements required by subsection (d) and include
recommendations for future implementation of the railroad highway
(!2) crossings program.
(h) Use of Funds for Matching. - Funds authorized to be
appropriated to carry out this section may be used to provide a
local government with funds to be used on a matching basis when
State funds are available which may only be spent when the local
government produces matching funds for the improvement of railway-
highway crossings.
(i) Incentive Payments for At-Grade Crossing Closures. -
(1) In general. - Notwithstanding any other provision of this
section and subject to paragraphs (2) and (3), a State may, from
sums available to the State under this section, make incentive
payments to local governments in the State upon the permanent
closure by such governments of public at-grade railway-highway
crossings under the jurisdiction of such governments.
(2) Incentive payments by railroads. - A State may not make an
incentive payment under paragraph (1) to a local government with
respect to the closure of a crossing unless the railroad owning
the tracks on which the crossing is located makes an incentive
payment to the government with respect to the closure.
(3) Amount of state payment. - The amount of the incentive
payment payable to a local government by a State under paragraph
(1) with respect to a crossing may not exceed the lesser of -
(A) the amount of the incentive payment paid to the
government with respect to the crossing by the railroad
concerned under paragraph (2); or
(B) $7,500.
(4) Use of state payments. - A local government receiving an
incentive payment from a State under paragraph (1) shall use the
amount of the incentive payment for transportation safety
improvements.
(j) Bicycle Safety. - In carrying out projects under this
section, a State shall take into account bicycle safety.
(k) Expenditure of Funds. - Not more than 2 percent of funds
apportioned to a State to carry out this section may be used by the
State for compilation and analysis of data in support of activities
carried out under subsection (g).
(l) National Crossing Inventory. -
(1) Initial reporting of crossing information. - Not later than
1 year after the date of enactment of the Rail Safety Improvement
Act of 2008 or within 6 months of a new crossing becoming
operational, whichever occurs later, each State shall report to
the Secretary of Transportation current information, including
information about warning devices and signage, as specified by
the Secretary, concerning each previously unreported public
crossing located within its borders.
(2) Periodic updating of crossing information. - On a periodic
basis beginning not later than 2 years after the date of
enactment of the Rail Safety Improvement Act of 2008 and on or
before September 30 of every year thereafter, or as otherwise
specified by the Secretary, each State shall report to the
Secretary current information, including information about
warning devices and signage, as specified by the Secretary,
concerning each public crossing located within its borders.
(3) Rulemaking authority. - The Secretary shall prescribe the
regulations necessary to implement this subsection. The Secretary
may enforce each provision of the Department of Transportation's
statement of the national highway-rail crossing inventory policy,
procedures, and instructions for States and railroads that is in
effect on the date of enactment of the Rail Safety Improvement
Act of 2008, until such provision is superseded by a regulation
issued under this subsection.
(4) Definitions. - In this subsection -
(A) "public crossing" means a location within a State, other
than a location where one or more railroad tracks cross one or
more railroad tracks either at grade or grade-separated, where -
(i) a public highway, road, or street, including associated
sidewalks and pathways, crosses one or more railroad tracks
either at grade or grade-separated; or
(ii) a publicly owned pathway explicitly authorized by a
public authority or a railroad carrier and dedicated for the
use of non-vehicular traffic, including pedestrians,
bicyclists, and others, that is not associated with a public
highway, road, or street, or a private roadway, crosses one
or more railroad tracks either at grade or grade-separated;
and
(B) "State" means a State of the United States, the District
of Columbia, or Puerto Rico.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 903; Pub. L. 100-17, title
I, Sec. 121(a), Apr. 2, 1987, 101 Stat. 159; Pub. L. 104-59, title
III, Sec. 325(a), Nov. 28, 1995, 109 Stat. 591; Pub. L. 104-205,
title III, Sec. 353(b), Sept. 30, 1996, 110 Stat. 2980; Pub. L. 105-
178, title I, Secs. 1111(d), 1202(d), 1212(a)(2)(A)(i), June 9,
1998, 112 Stat. 146, 170, 193; Pub. L. 109-59, title I, Sec.
1401(c), formerly Sec. 1401(d), Aug. 10, 2005, 119 Stat. 1226,
renumbered Sec. 1401(c), Pub. L. 110-244, title I, Sec. 101(s)(1),
June 6, 2008, 122 Stat. 1577; Pub. L. 110-244, title I, Sec.
101(l), June 6, 2008, 122 Stat. 1575; Pub. L. 110-432, div. A,
title II, Sec. 204(c), Oct. 16, 2008, 122 Stat. 4871.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of the Rail Safety Improvement Act of 2008,
referred to in subsec. (l)(1) to (3), is the date of enactment of
div. A of Pub. L. 110-432, which was approved Oct. 16, 2008.
-MISC1-
AMENDMENTS
2008 - Subsec. (e)(2). Pub. L. 110-244, Sec. 101(l), substituted
"highway safety improvement program purposes" for "purposes under
this subsection".
Subsec. (l). Pub. L. 110-432 added subsec. (l).
2005 - Subsec. (e). Pub. L. 109-59, Sec. 1401(c)(1), formerly
Sec. 1401(d)(1), as renumbered by Pub. L. 110-244, Sec. 101(s)(1),
designated existing provisions as par. (1), inserted after par.
designation "In general. - Before making an apportionment under
section 104(b)(5) for a fiscal year, the Secretary shall set aside,
from amounts made available to carry out the highway safety
improvement program under section 148 for such fiscal year, at
least $220,000,000 for the elimination of hazards and the
installation of protective devices at railway-highway crossings.",
and added par. (2).
Subsec. (f). Pub. L. 109-59, Sec. 1401(c)(2), formerly Sec.
1401(d)(2), as renumbered by Pub. L. 110-244, Sec. 101(s)(1),
reenacted heading without change and amended text of subsec. (f)
generally. Prior to amendment, text read as follows: "Twenty-five
percent of the funds authorized to be appropriated to carry out
this section shall be apportioned to the States in the same manner
as sums are apportioned under section 104(b)(2) of this title, 25
percent of such funds shall be apportioned to the States in the
same manner as sums are apportioned under section 104(b)(6) of this
title, and 50 percent of such funds shall be apportioned to the
States in the ratio that total railway-highway crossings in each
State bears to the total of such crossings in all States. The
Federal share payable on account of any project financed with funds
authorized to be appropriated to carry out this section shall be 90
percent of the cost thereof."
Subsec. (g). Pub. L. 109-59, Sec. 1401(c)(3), formerly Sec.
1401(d)(3), as renumbered by Pub. L. 110-244, Sec. 101(s)(1), in
third sentence inserted "and the Committee on Commerce, Science,
and Transportation," after "Public Works" and substituted ", not
later than April 1, 2006, and every 2 years thereafter," for "not
later than April 1 of each year".
Subsec. (k). Pub. L. 109-59, Sec. 1401(c)(4), formerly Sec.
1401(d)(4), as renumbered by Pub. L. 110-244, Sec. 101(s)(1), added
subsec. (k).
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1111(d), substituted
"Subject to section 120" for "Except as provided in subsection (d)
of section 120 of this title" in first sentence and "subject to
section 120" for "except as provided in subsection (d) of section
120 of this title" in second sentence.
Subsec. (c). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
"State transportation department" for "State highway department".
Subsec. (j). Pub. L. 105-178, Sec. 1202(d), added subsec. (j).
1996 - Subsec. (i). Pub. L. 104-205 added subsec. (i).
1995 - Subsec. (g). Pub. L. 104-59 substituted "Committee on
Transportation and Infrastructure" for "Committee on Public Works
and Transportation" in third sentence.
1987 - Subsecs. (d) to (h). Pub. L. 100-17 added subsecs. (d) to
(h).
FEDERAL SHARE OF COSTS FOR CONSTRUCTION TO ELIMINATE HAZARDS
Pub. L. 106-246, div. B, title II, Sec. 2604, July 13, 2000, 114
Stat. 559, provided that: "Notwithstanding any other provision of
law, hereafter, funds apportioned under section 104(b)(3) of title
23 which are applied to projects involving the elimination of
hazards of railway-highway crossings, including the separation or
protection of grades at crossings, the reconstruction of existing
railroad grade crossing structures, and the relocation of highways
to eliminate grade crossings, may have a Federal share up to 100
percent of the cost of construction."
FEDERAL-STATE COOPERATION
Section 351(b), (c) of Pub. L. 104-59 provided that:
"(b) Safety Enforcement. -
"(1) Cooperation between federal and state agencies. - The
National Highway Traffic Safety Administration and the Office of
Motor Carriers within the Federal Highway Administration shall
cooperate and work, on a continuing basis, with the National
Association of Governors' Highway Safety Representatives, the
Commercial Vehicle Safety Alliance, and Operation Lifesaver,
Inc., to improve compliance with and enforcement of laws and
regulations pertaining to railroad-highway grade crossings.
"(2) Report. - Not later than June 1, 1998, the Secretary shall
submit to Congress a report indicating -
"(A) how the Department of Transportation worked with the
entities referred to in paragraph (1) to improve the awareness
of the highway and commercial vehicle safety and law
enforcement communities of regulations and safety challenges at
railroad-highway grade crossings; and
"(B) how resources are being allocated to better address
these challenges and enforce such regulations.
"(c) Federal-State Partnership. -
"(1) Statement of policy. -
"(A) Hazards to safety. - Certain railroad-highway grade
crossings present inherent hazards to the safety of railroad
operations and to the safety of persons using those crossings.
It is in the public interest -
"(i) to promote grade crossing safety and reduce risk at
high risk railroad-highway grade crossings; and
"(ii) to reduce the number of grade crossings while
maintaining the reasonable mobility of the American people
and their property, including emergency access.
"(B) Effective programs. - Effective programs to reduce the
number of unneeded and unsafe railroad-highway grade crossings
require the partnership of Federal, State, and local officials
and agencies, and affected railroads.
"(C) Highway planning. - Promotion of a balanced national
transportation system requires that highway planning
specifically take into consideration grade crossing safety.
"(2) Partnership and oversight. - The Secretary shall encourage
each State to make progress toward achievement of the purposes of
this subsection."
VEHICLE PROXIMITY ALERT SYSTEM
Pub. L. 102-240, title I, Sec. 1072, Dec. 18, 1991, 105 Stat.
2012, provided that: "The Secretary shall coordinate the field
testing of the vehicle proximity alert system and comparable
systems to determine their feasibility for use by priority vehicles
as an effective railroad-highway grade crossing safety device. In
the event the vehicle proximity alert or a comparable system proves
to be technologically and economically feasible, the Secretary
shall develop and implement appropriate programs under section 130
of title 23, United States Code, to provide for installation of
such devices where appropriate."
RAILWAY-HIGHWAY CROSSING HAZARDS; NATIONAL HIGHWAY INFORMATION
PROGRAM FUNDING
Pub. L. 100-457, title III, Sec. 324, Sept. 30, 1988, 102 Stat.
2150, provided that: "Notwithstanding any other provision of law,
the Secretary shall make available $250,000 per year for a national
public information program to educate the public of the inherent
hazard at railway-highway crossings. Such funds shall be made
available out of funds authorized to be appropriated out of the
Highway Trust Fund, pursuant to section 130 of title 23, United
States Code."
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 100-202, Sec. 101(l) [title III, Sec. 339], Dec. 22,
1987, 101 Stat. 1329-358, 1329-386.
RAILROAD-HIGHWAY CROSSINGS STUDY AND REPORT
Section 159 of Pub. L. 100-17 directed Secretary of
Transportation to conduct a study of national highway-railroad
crossing improvement and maintenance needs, with Secretary to
consult with State highway administrations, the Association of
American Railroads, highway safety groups, and any other
appropriate entities in carrying out this study, and directed
Secretary, not later than 24 months after Apr. 2, 1987, to submit a
final report to Congress on results of the study along with
recommendations of how crossing needs can be addressed in a cost
effective manner.
STUDY AND INVESTIGATION OF ALLEVIATION OF ENVIRONMENTAL, SOCIAL,
ETC., IMPACTS OF INCREASED UNIT TRAIN TRAFFIC
Pub. L. 95-599, title I, Sec. 162, Nov. 6, 1978, 92 Stat. 2720,
authorized Secretary of Transportation, in cooperation with State
highway departments and appropriate officials of local government,
to undertake a comprehensive investigation and study of techniques
for alleviating the environmental, social, economic, and
developmental impacts of increased unit train traffic to meet
national energy requirements in communities located along rail
corridors experiencing such increased traffic and directed
Secretary to report to Congress on results of such investigation
and study not later than Mar. 31, 1979.
DEMONSTRATION PROJECT, RAILROAD-HIGHWAY CROSSINGS; REPORTS TO
PRESIDENT AND CONGRESS; APPROPRIATIONS AUTHORIZATION; HIGHWAY
SAFETY STUDY, REPORT TO CONGRESS
Pub. L. 93-87, title I, Sec. 163, Aug. 13, 1973, 87 Stat. 280, as
amended by Pub. L. 93-643, Sec. 104, Jan. 4, 1975, 88 Stat. 2282;
Pub. L. 94-280, title I, Sec. 140(a)-(e), May 5, 1976, 90 Stat.
444; Pub. L. 95-599, title I, Sec. 134(a)-(c), Nov. 6, 1978, 92
Stat. 2709; Pub. L. 96-470, title II, Sec. 209(b), Oct. 19, 1980,
94 Stat. 2245; Pub. L. 97-424, title I, Sec. 151, Jan. 6, 1983, 96
Stat. 2132; Pub. L. 100-17, title I, Secs. 133(c)(3), 148, Apr. 2,
1987, 101 Stat. 172, 181; Pub. L. 100-202, Sec. 101(l) [title III,
Sec. 346], Dec. 22, 1987, 101 Stat. 1329-358, 1329-388; Pub. L. 102-
240, title I, Sec. 1037, Dec. 18, 1991, 105 Stat. 1987; Pub. L.
104-66, title I, Sec. 1121(e), Dec. 21, 1995, 109 Stat. 724,
provided that:
"(a)(1) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out demonstration
projects in Lincoln, Nebraska, Wheeling, West Virginia, and Elko,
Nevada, for the relocation of railroad lines from the central area
of the cities in conformance with the methodology developed under
proposals submitted to the Secretary by the respective cities. The
cities shall (1) have a local agency with legal authority to
relocate railroad facilities, levy taxes for such purpose, and a
record of prior accomplishment; and (2) have a current relocation
plan for such lines which has a favorable benefit-cost ratio
involving and having the unanimous approval of three or more class
1 railroads in Lincoln, Nebraska, and the two class 1 railroads in
Wheeling, West Virginia, and Elko, Nevada, and multicivic, local,
and State agencies, and which provides for the elimination of a
substantial number of the existing railway-road conflict points
within the city.
"(2) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out a demonstration
project in Lafayette, Indiana, for relocation of railroad lines
from the central area of the city. There are authorized to be
appropriated to carry out this paragraph $360,000 for the fiscal
year ending June 30, 1975.
"(b) The Secretary of Transportation shall carry out a
demonstration project for the elimination or protection of certain
public ground-level rail-highway crossings in, or in the vicinity
of, Springfield, Illinois.
"(c) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out demonstration
projects in Brownsville, Texas, and Matamoros, Mexico, for the
relocation of railroad lines from the central area of the cities in
conformance with the methodology developed under proposals
submitted to the Secretary by the Brownsville Navigation District,
providing for the construction of an international bridge and for
the elimination of a substantial number of existing railway-road
conflict points within the cities.
"(d) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out a demonstration
project in East Saint Louis, Illinois, for the relocation of rail
lines between Thirteenth and Forty-third Streets, in accordance
with methodology approved by the Secretary. The Secretary of
Transportation shall carry out a demonstration project for the
relocation of rail lines in the vicinity of Carbondale, Illinois.
"(e) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out a demonstration
project in New Albany, Indiana, for the elimination of the existing
rail loop and relocation of rail lines to a location between
Vincennes Street and East Eighth Street, in accordance with
methodology approved by the Secretary.
"(f) The Secretary of Transportation shall carry out
demonstration projects for the construction of an overpass at the
rail-highway grade crossing on Cottage Grove Avenue between One
Hundred Forty-second Street and One Hundred Thirty-eighth Street in
the village of Dolton, Illinois, and the construction of an
overpass at the rail-highway grade crossing at Vermont Street and
the Rock Island Railroad tracks in the city of Blue Island,
Illinois.
"(g) The Secretary of Transportation shall carry out a
demonstration project for the elimination of the ground level
railroad highway crossing on United States Route 69 in Greenville,
Texas.
"(h) The Secretary of Transportation shall carry out a
demonstration project in Anoka, Minnesota, for the construction of
an underpass at the Seventh Avenue and County Road 7 railroad-
highway grade crossing.
"(i) The Secretary of Transportation shall carry out a
demonstration project in Metairie, Jefferson Parish, Louisiana, for
the relocation or grade separation of rail lines whichever he deems
most feasible in order to eliminate certain grade level railroad
highway crossings.
"(j) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out a demonstration
project in Augusta, Georgia, for the relocation of railroad lines
and for the purpose of eliminating highway railroad grade
crossings.
"(k) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out a demonstration
project in Pine Bluff, Arkansas, for the relocation of railroad
lines for the purpose of eliminating highway railroad grade
crossings.
"(l) The Secretary of Transportation shall carry out a
demonstration project in Sherman, Texas, for the relocation of rail
lines in order to eliminate the ground level railroad crossing at
the crossing of the Southern Pacific and Frisco Railroads with
Grand Avenue-Roberts Road.
"(m) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out a demonstration
project in Hammond, Indiana, for the relocation of railroad lines
for the purposes of eliminating highway railroad grade crossings.
"(n) The Federal share payable on account of such projects shall
be the Federal share provided in section 120(a) of title 23, United
States Code. [sic] except those railroad-highway crossings segments
which are already engaged in or have completed the preparation of
the plans, specifications and estimates (PS&E) for the construction
of the segment involved shall retain the Federal share as specified
in subsection [sic] 163(n) [this subsection] as amended by section
134 of the Surface Transportation Assistance Act of 1978 [section
134 of Pub. L. 95-599].
"[(o) Repealed. Pub. L. 104-66, title I, Sec. 1121(e), Dec. 21,
1995, 109 Stat. 724.]
"(p) There is authorized to be appropriated to carry out this
section (other than subsection (l)), not to exceed $15,000,000 for
the fiscal year ending June 30, 1974, $25,000,000 for the fiscal
year ending June 30, 1975, and $50,000,000 for the fiscal year
ending June 30, 1976, $6,250,000, for the period beginning July 1,
1976, and ending September 30, 1976, $26,400,000 for the fiscal
year ending September 30, 1977, and $51,400,000 for the fiscal year
ending September 30, 1978, $70,000,000 for the fiscal year ending
September 30, 1979, and $90,000,000 for the fiscal year ending
September 30, 1980, $100,000,000 for the fiscal year ending
September 30, 1981, and $100,000,000 for the fiscal year ending
September 30, 1982, and $50,000,000 for the fiscal year ending
September 30, 1983, and $50,000,000 for the fiscal year ending
September 30, 1984, and $50,000,000 for the fiscal year ending
September 30, 1985, and $50,000,000 for the fiscal year ending
September 30, 1986, and $15,000,000 per fiscal year for each of
fiscal years 1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994,
except that not more than two-thirds of all funds authorized and
expended under authority of this section in any fiscal year shall
be appropriated out of the Highway Trust fund. Notwithstanding any
other provision of this section, any project which is not under
construction, according to the Secretary of Transportation, by
September 30, 1985, shall not be eligible for additional funds
under this authorization.
"(q) The Secretary, in cooperation with State highway departments
and local officials, shall conduct a full and complete
investigation and study of the problem of providing increased
highway safety by the relocation of railroad lines from the central
area of cities on a nationwide basis, and report to the Congress
his recommendations resulting from such investigation and study not
later than July 1, 1975, including an estimate of the cost of such
a program. Funds authorized to carry out section 307 of title 23,
United States Code, are authorized to be used to carry out the
investigation and study required by this subsection."
DEMONSTRATION PROJECT, RAILROAD-HIGHWAY CROSSINGS; INCLUSION OF
PROJECTS AT TERRE HAUTE, INDIANA
Pub. L. 94-387, title I, Sec. 101, Aug. 14, 1976, 90 Stat. 1176,
provided in part: "That section 163 of Public Law 93-87 [set out as
a note above] is hereby amended to include projects at Terre Haute,
Indiana."
RAILROAD-HIGHWAY CROSSINGS
Pub. L. 93-87, title II, Sec. 203, Aug. 13, 1973, 87 Stat. 283,
as amended by Pub. L. 94-280, title II, Sec. 203, May 5, 1976, 90
Stat. 452; Pub. L. 95-599, title II, Sec. 203, Nov. 6, 1978, 92
Stat. 2728; Pub. L. 96-470, title II, Sec. 209(d), Oct. 19, 1980,
94 Stat. 2245; Pub. L. 97-327, Sec. 5(b), Oct. 15, 1982, 96 Stat.
1612; Pub. L. 97-424, title II, Sec. 205, Jan. 6, 1983, 96 Stat.
2139, which directed each State to conduct a survey of all highways
to identify those railway crossings requiring separation,
relocation, or protective devices and to establish and implement a
schedule of projects for such purpose, which at a minimum was to
provide for signs at all crossings, authorized appropriations for
elimination of hazards of railway-highway crossings, provided for
State apportionments and for the Federal share of the costs of
projects, required each State to annually report to the Secretary
of Transportation and the Secretary of Transportation to annually
report to Congress on progress in implementing railroad-highway
crossings program, and authorized use of matching funds with local
governments for improvement of railroad crossings, was repealed by
Pub. L. 100-17, title I, Sec. 121(b), Apr. 2, 1987, 101 Stat. 160.
Highway authorizations provisions of section 104(a) (1) and (2)
of Pub. L. 93-87, referred to in section 203(d) of Pub. L. 93-87
provided that:
"(a) For the purpose of carrying out the provisions of title 23,
United States Code, the following sums are hereby authorized to be
appropriated:
"(1) For the Federal-aid primary system in rural areas, out of
the Highway Trust Fund, $680,000,000 for the fiscal year ending
June 30, 1974, $700,000,000 for the fiscal year ending June 30,
1975, and $700,000,000 for the fiscal year ending June 30, 1976.
For the Federal-aid secondary system in rural areas, out of Highway
Trust Fund, $390,000,000 for the fiscal year ending June 30, 1974,
$400,000,000 for the fiscal year ending June 30, 1975, and
$400,000,000 for the fiscal year ending June 30, 1976.
"(2) For the Federal-aid urban system, out of the Highway Trust
Fund, $780,000,000 for the fiscal year ending June 30, 1974,
$800,000,000 for the fiscal year ending June 30, 1975, and
$800,000,000 for the fiscal year ending June 30, 1976. For the
extensions of the Federal-aid primary and secondary systems in
urban areas, out of the Highway Trust Fund $290,000,000 for the
fiscal year ending June 30, 1974, $300,000,000 for the fiscal year
ending June 30, 1975, and $300,000,000 for the fiscal year ending
June 30, 1976."
-FOOTNOTE-
(!1) So in original.
(!2) So in original. Probably should be "railroad-highway".
-End-
-CITE-
23 USC Sec. 131 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 131. Control of outdoor advertising
-STATUTE-
(a) The Congress hereby finds and declares that the erection and
maintenance of outdoor advertising signs, displays, and devices in
areas adjacent to the Interstate System and the primary system
should be controlled in order to protect the public investment in
such highways, to promote the safety and recreational value of
public travel, and to preserve natural beauty.
(b) Federal-aid highway funds apportioned on or after January 1,
1968, to any State which the Secretary determines has not made
provision for effective control of the erection and maintenance
along the Interstate System and the primary system of outdoor
advertising signs, displays, and devices which are within six
hundred and sixty feet of the nearest edge of the right-of-way and
visible from the main traveled way of the system, and Federal-aid
highway funds apportioned on or after January 1, 1975, or after the
expiration of the next regular session of the State legislature,
whichever is later, to any State which the Secretary determines has
not made provision for effective control of the erection and
maintenance along the Interstate System and the primary system of
those additional outdoor advertising signs, displays, and devices
which are more than six hundred and sixty feet off the nearest edge
of the right-of-way, located outside of urban areas, visible from
the main traveled way of the system, and erected with the purpose
of their message being read from such main traveled way, shall be
reduced by amounts equal to 10 per centum of the amounts which
would otherwise be apportioned to such State under section 104 of
this title, until such time as such State shall provide for such
effective control. Any amount which is withheld from apportionment
to any State hereunder shall be reapportioned to the other States.
Whenever he determines it to be in the public interest, the
Secretary may suspend, for such periods as he deems necessary, the
application of this subsection to a State.
(c) Effective control means that such signs, displays, or devices
after January 1, 1968, if located within six hundred and sixty feet
of the right-of-way and, on or after July 1, 1975, or after the
expiration of the next regular session of the State legislature,
whichever is later, if located beyond six hundred and sixty feet of
the right-of-way located outside of urban areas, visible from the
main traveled way of the system, and erected with the purpose of
their message being read from such main traveled way, shall,
pursuant to this section, be limited to (1) directional and
official signs and notices, which signs and notices shall include,
but not be limited to, signs and notices pertaining to natural
wonders, scenic and historical attractions, which are required or
authorized by law, which shall conform to national standards hereby
authorized to be promulgated by the Secretary hereunder, which
standards shall contain provisions concerning lighting, size,
number, and spacing of signs, and such other requirements as may be
appropriate to implement this section, (2) signs, displays, and
devices advertising the sale or lease of property upon which they
are located, (3) signs, displays, and devices, including those
which may be changed at reasonable intervals by electronic process
or by remote control, advertising activities conducted on the
property on which they are located, (4) signs lawfully in existence
on October 22, 1965, determined by the State, subject to the
approval of the Secretary, to be landmark signs, including signs on
farm structures or natural surfaces, or historic or artistic
significance the preservation of which would be consistent with the
purposes of this section, and (5) signs, displays, and devices
advertising the distribution by nonprofit organizations of free
coffee to individuals traveling on the Interstate System or the
primary system. For the purposes of this subsection, the term "free
coffee" shall include coffee for which a donation may be made, but
is not required.
(d) In order to promote the reasonable, orderly and effective
display of outdoor advertising while remaining consistent with the
purposes of this section, signs, displays, and devices whose size,
lighting and spacing, consistent with customary use is to be
determined by agreement between the several States and the
Secretary, may be erected and maintained within six hundred and
sixty feet of the nearest edge of the right-of-way within areas
adjacent to the Interstate and primary systems which are zoned
industrial or commercial under authority of State law, or in
unzoned commercial or industrial areas as may be determined by
agreement between the several States and the Secretary. The States
shall have full authority under their own zoning laws to zone areas
for commercial or industrial purposes, and the actions of the
States in this regard will be accepted for the purposes of this
Act. Whenever a bona fide State, county, or local zoning authority
has made a determination of customary use, such determination will
be accepted in lieu of controls by agreement in the zoned
commercial and industrial areas within the geographical
jurisdiction of such authority. Nothing in this subsection shall
apply to signs, displays, and devices referred to in clauses (2)
and (3) of subsection (c) of this section.
(e) Any sign, display, or device lawfully in existence along the
Interstate System or the Federal-aid primary system on September 1,
1965, which does not conform to this section shall not be required
to be removed until July 1, 1970. Any other sign, display, or
device lawfully erected which does not conform to this section
shall not be required to be removed until the end of the fifth year
after it becomes nonconforming.
(f) The Secretary shall, in consultation with the States, provide
within the rights-of-way for areas at appropriate distances from
interchanges on the Interstate System, on which signs, displays,
and devices giving specific information in the interest of the
traveling public may be erected and maintained. The Secretary may
also, in consultation with the States, provide within the rights-of-
way of the primary system for areas in which signs, displays, and
devices giving specific information in the interest of the
traveling public may be erected and maintained. Such signs shall
conform to national standards to be promulgated by the Secretary.
(g) Just compensation shall be paid upon the removal of any
outdoor advertising sign, display, or device lawfully erected under
State law and not permitted under subsection (c) of this section,
whether or not removed pursuant to or because of this section. The
Federal share of such compensation shall be 75 per centum. Such
compensation shall be paid for the following:
(A) The taking from the owner of such sign, display, or device
of all right, title, leasehold, and interest in such sign,
display, or device; and
(B) The taking from the owner of the real property on which the
sign, display, or device is located, of the right to erect and
maintain such signs, displays, and devices thereon.
(h) All public lands or reservations of the United States which
are adjacent to any portion of the Interstate System and the
primary system shall be controlled in accordance with the
provisions of this section and the national standards promulgated
by the Secretary.
(i) In order to provide information in the specific interest of
the traveling public, the State transportation departments are
authorized to maintain maps and to permit information directories
and advertising pamphlets to be made available at safety rest
areas. Subject to the approval of the Secretary, a State may also
establish information centers at safety rest areas and other travel
information systems within the rights-of-way for the purpose of
informing the public of places of interest within the State and
providing such other information as a State may consider desirable.
The Federal share of the cost of establishing such an information
center or travel information system shall be that which is provided
in section 120 for a highway project on that Federal-aid system to
be served by such center or system.
(j) Any State transportation department which has, under this
section as in effect on June 30, 1965, entered into an agreement
with the Secretary to control the erection and maintenance of
outdoor advertising signs, displays, and devices in areas adjacent
to the Interstate System shall be entitled to receive the bonus
payments as set forth in the agreement, but no such State
transportation department shall be entitled to such payments unless
the State maintains the control required under such agreement:
Provided, That permission by a State to erect and maintain
information displays which may be changed at reasonable intervals
by electronic process or remote control and which provide public
service information or advertise activities conducted on the
property on which they are located shall not be considered a breach
of such agreement or the control required thereunder. Such payments
shall be paid only from appropriations made to carry out this
section. The provisions of this subsection shall not be construed
to exempt any State from controlling outdoor advertising as
otherwise provided in this section.
(k) Subject to compliance with subsection (g) of this section for
the payment of just compensation, nothing in this section shall
prohibit a State from establishing standards imposing stricter
limitations with respect to signs, displays, and devices on the
Federal-aid highway systems than those established under this
section.
(l) Not less than sixty days before making a final determination
to withhold funds from a State under subsection (b) of this
section, or to do so under subsection (b) of section 136, or with
respect to failing to agree as to the size, lighting, and spacing
of signs, displays, and devices or as to unzoned commercial or
industrial areas in which signs, displays, and devices may be
erected and maintained under subsection (d) of this section, or
with respect to failure to approve under subsection (g) of section
136, the Secretary shall give written notice to the State of his
proposed determination and a statement of the reasons therefor, and
during such period shall give the State an opportunity for a
hearing on such determination. Following such hearing the Secretary
shall issue a written order setting forth his final determination
and shall furnish a copy of such order to the State. Within forty-
five days of receipt of such order, the State may appeal such
order to any United States district court for such State, and upon
the filing of such appeal such order shall be stayed until final
judgment has been entered on such appeal. Summons may be served at
any place in the United States. The court shall have jurisdiction
to affirm the determination of the Secretary or to set it aside, in
whole or in part. The judgment of the court shall be subject to
review by the United States court of appeals for the circuit in
which the State is located and to the Supreme Court of the United
States upon certiorari or certification as provided in title 28,
United States Code, section 1254. If any part of an apportionment
to a State is withheld by the Secretary under subsection (b) of
this section or subsection (b) of section 136, the amount so
withheld shall not be reapportioned to the other States as long as
a suit brought by such State under this subsection is pending. Such
amount shall remain available for apportionment in accordance with
the final judgment and this subsection. Funds withheld from
apportionment and subsequently apportioned or reapportioned under
this section shall be available for expenditure for three full
fiscal years after the date of such apportionment or
reapportionment as the case may be.
(m) There is authorized to be appropriated to carry out the
provisions of this section, out of any money in the Treasury not
otherwise appropriated, not to exceed $20,000,000 for the fiscal
year ending June 30, 1966, not to exceed $20,000,000 for the fiscal
year ending June 30, 1967, not to exceed $2,000,000 for the fiscal
year ending June 30, 1970, not to exceed $27,000,000 for the fiscal
year ending June 30, 1971, not to exceed $20,500,000 for the fiscal
year ending June 30, 1972, and not to exceed $50,000,000 for the
fiscal year ending June 30, 1973. The provisions of this chapter
relating to the obligation, period of availability and expenditure
of Federal-aid primary highway funds shall apply to the funds
authorized to be appropriated to carry out this section after June
30, 1967. Subject to approval by the Secretary in accordance with
the program of projects approval process of section 105,(!1) a
State may use any funds apportioned to it under section 104 of this
title for removal of any sign, display, or device lawfully erected
which does not conform to this section.
(n) No sign, display, or device shall be required to be removed
under this section if the Federal share of the just compensation to
be paid upon removal of such sign, display, or device is not
available to make such payment. Funds apportioned to a State under
section 104 of this title shall not be treated for purposes of the
preceding sentence as being available to the State for making such
a payment except to the extent that the State, in its discretion,
expends such funds for such a payment.
(o) The Secretary may approve the request of a State to permit
retention in specific areas defined by such State of directional
signs, displays, and devices lawfully erected under State law in
force at the time of their erection which do not conform to the
requirements of subsection (c), where such signs, displays, and
devices are in existence on the date of enactment of this
subsection and where the State demonstrates that such signs,
displays, and devices (1) provide directional information about
goods and services in the interest of the traveling public, and (2)
are such that removal would work a substantial economic hardship in
such defined area.
(p) In the case of any sign, display, or device required to be
removed under this section prior to the date of enactment of the
Federal-Aid Highway Act of 1974, which sign, display, or device was
after its removal lawfully relocated and which as a result of the
amendments made to this section by such Act is required to be
removed, the United States shall pay 100 per centum of the just
compensation for such removal (including all relocation costs).
(q)(1) During the implementation of State laws enacted to comply
with this section, the Secretary shall encourage and assist the
States to develop sign controls and programs which will assure that
necessary directional information about facilities providing goods
and services in the interest of the traveling public will continue
to be available to motorists. To this end the Secretary shall
restudy and revise as appropriate existing standards for
directional signs authorized under subsections 131(c)(1) and 131(f)
to develop signs which are functional and esthetically compatible
with their surroundings. He shall employ the resources of other
Federal departments and agencies, including the National Endowment
for the Arts, and employ maximum participation of private industry
in the development of standards and systems of signs developed for
those purposes.
(2) Among other things the Secretary shall encourage States to
adopt programs to assure that removal of signs providing necessary
directional information, which also were providing directional
information on June 1, 1972, about facilities in the interest of
the traveling public, be deferred until all other nonconforming
signs are removed.
(r) Removal of Illegal Signs. -
(1) By owners. - Any sign, display, or device along the
Interstate System or the Federal-aid primary system which was not
lawfully erected, shall be removed by the owner of such sign,
display, or device not later than the 90th day following the
effective date of this subsection.
(2) By states. - If any owner does not remove a sign, display,
or device in accordance with paragraph (1), the State within the
borders of which the sign, display, or device is located shall
remove the sign, display, or device. The owner of the removed
sign, display, or device shall be liable to the State for the
costs of such removal. Effective control under this section
includes compliance with the first sentence of this paragraph.
(s) Scenic Byway Prohibition. - If a State has a scenic byway
program, the State may not allow the erection along any highway on
the Interstate System or Federal-aid primary system which before,
on, or after the effective date of this subsection, is designated
as a scenic byway under such program of any sign, display, or
device which is not in conformance with subsection (c) of this
section. Control of any sign, display, or device on such a highway
shall be in accordance with this section. In designating a scenic
byway for purposes of this section and section 1047 of the
Intermodal Surface Transportation Efficiency Act of 1991, a State
may exclude from such designation any segment of a highway that is
inconsistent with the State's criteria for designating State scenic
byways. Nothing in the preceding sentence shall preclude a State
from signing any such excluded segment, including such segment on a
map, or carrying out similar activities, solely for purposes of
system continuity.
(t) Primary System Defined. - For purposes of this section, the
terms "primary system" and "Federal-aid primary system" mean the
Federal-aid primary system in existence on June 1, 1991, and any
highway which is not on such system but which is on the National
Highway System.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 904; Pub. L. 86-342, title
I, Sec. 106, Sept. 21, 1959, 73 Stat. 612; Pub. L. 87-61, title I,
Sec. 106, June 29, 1961, 75 Stat. 123; Pub. L. 88-157, Sec. 5, Oct.
24, 1963, 77 Stat. 277; Pub. L. 89-285, title I, Sec. 101, Oct. 22,
1965, 79 Stat. 1028; Pub. L. 89-574, Sec. 8(a), Sept. 13, 1966, 80
Stat. 768; Pub. L. 90-495, Sec. 6(a)-(d), Aug. 23, 1968, 82 Stat.
817; Pub. L. 91-605, title I, Sec. 122(a), Dec. 31, 1970, 84 Stat.
1726; Pub. L. 93-643, Sec. 109, Jan. 4, 1975, 88 Stat. 2284; Pub.
L. 94-280, title I, Sec. 122, May 5, 1976, 90 Stat. 438; Pub. L. 95-
599, title I, Secs. 121, 122, Nov. 6, 1978, 92 Stat. 2700, 2701;
Pub. L. 96-106, Sec. 6, Nov. 9, 1979, 93 Stat. 797; Pub. L. 102-
240, title I, Sec. 1046(a)-(c), Dec. 18, 1991, 105 Stat. 1995,
1996; Pub. L. 102-302, Sec. 104, June 22, 1992, 106 Stat. 253; Pub.
L. 104-59, title III, Sec. 314, Nov. 28, 1995, 109 Stat. 586; Pub.
L. 105-178, title I, Sec. 1212(a)(2)(A), June 9, 1998, 112 Stat.
193.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (d), probably means Pub. L. 89-
285, Oct. 22, 1965, 79 Stat. 1028, as amended, known as the
Highway Beautification Act of 1965, which enacted section 136 of
this title and provisions set out as notes under sections 131 and
135 of this title and amended sections 131 and 319 of this title.
For complete classification of this Act to the Code, see Short
Title note set out under section 136 of this title and Tables.
Section 105, referred to in subsec. (m), was amended generally by
Pub. L. 105-178, title I, Sec. 1104(a), June 9, 1998, 112 Stat.
127, and by Pub. L. 109-59, title I, Sec. 1104(a), Aug. 10, 2005,
119 Stat. 1163, and, as so amended, no longer refers to program of
highway project approval process by Secretary.
The date of enactment of this subsection, referred to in subsec.
(o), means May 5, 1976, the date of approval of Pub. L. 94-280.
The date of enactment of the Federal-Aid Highway Act of 1974,
referred to in subsec. (p), means Jan. 3, 1975, the date of
approval of Pub. L. 93-643.
For the effective date of this subsection, referred to in
subsecs. (r)(1) and (s), see the Effective Date of 1991 Amendment
note set out below.
Section 1047 of the Intermodal Surface Transportation Efficiency
Act of 1991, referred to in subsec. (s), is section 1047 of Pub. L.
102-240, which is set out as a note under section 101 of this
title.
-MISC1-
AMENDMENTS
1998 - Subsec. (i). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii),
substituted "State transportation departments" for "State highway
departments".
Subsec. (j). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
"State transportation department" for "State highway department" in
two places.
1995 - Subsec. (s). Pub. L. 104-59 inserted at end "In
designating a scenic byway for purposes of this section and section
1047 of the Intermodal Surface Transportation Efficiency Act of
1991, a State may exclude from such designation any segment of a
highway that is inconsistent with the State's criteria for
designating State scenic byways. Nothing in the preceding sentence
shall preclude a State from signing any such excluded segment,
including such segment on a map, or carrying out similar
activities, solely for purposes of system continuity."
1992 - Subsec. (n). Pub. L. 102-302 inserted at end "Funds
apportioned to a State under section 104 of this title shall not be
treated for purposes of the preceding sentence as being available
to the State for making such a payment except to the extent that
the State, in its discretion, expends such funds for such a
payment."
1991 - Subsec. (m). Pub. L. 102-240, Sec. 1046(a), inserted at
end "Subject to approval by the Secretary in accordance with the
program of projects approval process of section 105, a State may
use any funds apportioned to it under section 104 of this title for
removal of any sign, display, or device lawfully erected which does
not conform to this section."
Subsecs. (r) to (t). Pub. L. 102-240, Sec. 1046(b), (c), added
subsecs. (r) to (t).
1979 - Subsec. (c)(5). Pub. L. 96-106 substituted "distribution
by nonprofit" for "distribution of nonprofit".
1978 - Subsec. (c). Pub. L. 95-599 Secs. 121, 122(c), inserted
"including those which may be changed at reasonable intervals by
electronic process or by remote control," after "devices" in cl.
(3) and added cl. (5).
Subsec. (g). Pub. L. 95-599, Sec. 122(a), inserted provision
relating to just compensation for the removal of signs lawfully
erected under State law but not permitted under subsec. (c).
Subsec. (j). Pub. L. 95-599, Sec. 122(d), inserted provision
relating to permission by the State to erect and maintain
information displays.
Subsec. (k). Pub. L. 95-599, Sec. 122(b), substituted "Subject to
compliance with subsection (g) of this section for the payment of
just compensation, nothing" for "Nothing".
1976 - Subsec. (f). Pub. L. 94-280, Sec. 122(a), authorized the
Secretary, in consultation with the States, to provide within the
rights-of-way of the primary system for areas in which signs,
displays, and devices giving specific information in the interest
of the traveling public may be erected and maintained.
Subsec. (i). Pub. L. 94-280, Sec. 122(c), authorized a State to
establish travel information systems within the rights-of-way and
prescribed as the Federal share of the cost of establishing an
information center or travel information system the Federal share
which is provided in section 120 of this title for a highway
project on that Federal-aid system to be served by such center or
system.
Subsecs. (o) to (q). Pub. L. 94-280, Sec. 122(b), added subsecs.
(o) to (q).
1975 - Subsec. (b). Pub. L. 93-643, Sec. 109(a), required
reduction of Federal-aid highway funds apportioned on or after Jan.
1, 1975, or after the expiration of the next regular session of the
State legislature, whichever is later, to any State which the
Secretary determines has not made provision for effective control
of the erection and maintenance along the Interstate System and the
primary system of those additional outdoor advertising signs,
displays, and devices which are more than 660 feet off the nearest
edge of the right-of-way, located outside of urban areas, visible
from the main traveled way of the system, and erected with the
purpose of their message being read from such main traveled way.
Subsec. (c). Pub. L. 93-643, Sec. 109(b), substituted "Effective
control means that such signs, displays, or devices after January
1, 1968, if located within six hundred and sixty feet of the right-
of-way and, on or after July 1, 1975, or after the expiration of
the next regular session of the State legislature, whichever is
later, if located beyond six hundred and sixty feet of the right-of-
way, located outside of urban areas, visible from the main
traveled way of the system, and erected with the purpose of their
message being read from such main traveled way," for "Effective
control means that after January 1, 1968, such signs, displays, and
devices", deleted in cl. (1) "other" before "official signs", and
added cl. (4).
Subsec. (g). Pub. L. 93-643, Sec. 109(c), substituted first
sentence reading "Just compensation shall be paid upon the removal
of any outdoor advertising sign, display, or device lawfully
erected under State law." for prior first sentence which provided
for payment of just compensation for removal of outdoor advertising
signs, displays, and devices (1) lawfully in existence on Oct. 22,
1965, (2) lawfully on any highway made a part of the interstate or
primary system on or after Oct. 22, 1965, and before Jan. 1, 1968,
and (3) lawfully erected on or after Jan. 1, 1968.
1970 - Subsec. (m). Pub. L. 91-605 authorized to be appropriated
not to exceed $27,000,000, $20,500,000 and $50,000,000, for the
fiscal years ending June 30, 1971, 1972, and 1973, respectively.
1968 - Subsec. (d). Pub. L. 90-495, Sec. 6(a), provided that
whenever a bona fide State, county, or local zoning authority has
made a determination of customary use, such determination will be
accepted in lieu of controls by agreement in the zoned commercial
and industrial areas within the geographical jurisdiction of such
authority.
Subsec. (j). Pub. L. 90-495, Sec. 6(b), struck out provision for
the imposition of controls on outdoor advertising by the Federal
government that are stricter than those imposed by the State
highway department.
Subsec. (m). Pub. L. 90-495, Sec. 6(c), inserted provision
authorizing an appropriation of not to exceed $2,000,000 for the
fiscal year ending June 30, 1970.
Subsec. (n). Pub. L. 90-495, Sec. 6(d), added subsec. (n).
1966 - Subsec. (m). Pub. L. 89-574 substituted provisions making
applicable to the funds authorized to be appropriated to carry out
this section after June 30, 1967 the provisions of chapter 1 of
this title relating to the obligation, period of availability and
expenditure of Federal-aid primary highway funds for provisions
prohibiting the use of any part of the Highway Trust Fund in
carrying out this section.
1965 - Subsec. (a). Pub. L. 89-285 struck out specific reference
to the area which lies within six-hundred and sixty feet of the
edge of the right-of-way and which is visible from the right-of-way
and instead made only general reference to the areas adjacent to
the Interstate System and struck out reference to types of
permissible signs.
Subsec. (b). Pub. L. 89-285 substituted provisions reducing by 10
per centum the apportioned share, on or after January 1, 1968, of
any State not making provision for effective control of erection
and maintenance of outdoor advertising signs, displays and devices
within six-hundred and sixty feet of the nearest edge of the right
of way and visible from the traveled portion, reapportioning
withheld funds to other States, and allowing for suspension of such
provisions in the discretion of the Secretary, for provisions which
authorized the Secretary to enter into agreements with the States
to carry out national policy on control of areas adjacent to the
Interstate System.
Subsec. (c). Pub. L. 89-285 substituted provisions setting out
permissible types of signs as directional and other official signs
and notices, signs advertising sale or lease of property on which
the sign is located, and signs, displays, and devices advertising
activities conducted on the property on which the sign is located,
for provisions allowing for an increase in the Federal share
payable under the Federal-Aid Highway Act of 1956, as amended, in
the case of States entering into an agreement with the Secretary
prior to July 1, 1965.
Subsec. (d). Pub. L. 89-285 substituted provisions allowing for
agreements between the Secretary and the several States covering
commercial or industrial property, for provisions covering control
of the adjacent area when the Interstate System is located on or
near public lands or reservations of the United States.
Subsec. (e). Pub. L. 89-285 substituted provisions setting out
the timetable for removal of signs, displays, and devices lawfully
along Interstate System or Federal-aid primary system highways, for
provisions allowing the inclusion of the cost of purchase or
condemnation of the right to advertise or control advertising in
the area adjacent to Interstate System right-of-way as part of the
cost of construction.
Subsecs. (f) to (m). Pub. L. 89-285 added subsecs. (f) to (m).
1963 - Subsec. (c). Pub. L. 88-157 substituted "July 1, 1965" for
"July 1, 1963".
1961 - Subsec. (c). Pub. L. 87-61 substituted "July 1, 1963" for
"July 1, 1961".
1959 - Subsec. (b). Pub. L. 86-342 substituted "Agreements
entered into between the Secretary of Commerce and State highway
departments under this section shall not apply to those segments of
the Interstate System which traverse commercial or industrial zones
within the presently existing boundaries of incorporated
municipalities wherein the use of real property adjacent to the
Interstate System is subject to municipal regulation or control, or
which traverse other areas where the land use, as of the date of
approval of this Act, is clearly established by State law as
industrial or commercial" for "Upon application of the State, any
such agreement may, within the discretion of the Secretary of
Commerce consistent with the national policy, provide for excluding
from application of the national standards segments of the
Interstate System which traverse incorporated municipalities
wherein the use of real property adjacent to the Interstate System
is subject to municipal regulation or control, or which traverse
other areas where the land use is clearly established by State law
as industrial or commercial."
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
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.
STUDY OF STATE PRACTICES ON SPECIFIC SERVICE SIGNING
Pub. L. 105-178, title I, Sec. 1213(g), June 9, 1998, 112 Stat.
202, provided that:
"(1) Study. - The Secretary shall conduct a study to determine
the practices in the States for specific service food signs
described in sections 2G-5.7 and 2G-5.8 of the Manual on Uniform
Traffic Control Devices for Streets and Highways. The study shall
examine, at a minimum -
"(A) the practices of all States for determining businesses
eligible for inclusion on such signs;
"(B) whether States allow businesses to be removed from such
signs and the circumstances for such removal;
"(C) the practices of all States for erecting and maintaining
such signs, including the time required for erecting such signs;
and
"(D) whether States contract out the erection and maintenance
of such signs.
"(2) Report. - Not later than 1 year after the date of enactment
of this Act [June 9, 1998], the Secretary shall transmit to
Congress a report on the results of the study, including any
recommendations and, if appropriate, modifications to the Manual."
EFFECT OF 1991 AMENDMENT ON STATE COMPLIANCE LAWS OR REGULATIONS
Section 1046(d) of Pub. L. 102-240 provided that: "The amendments
made by this section [amending this section] shall not affect the
status or validity of any existing compliance law or regulation
adopted by a State pursuant to section 131 of title 23, United
States Code."
USE OF TOURIST ORIENTED DIRECTIONAL SIGNS
Section 1059 of Pub. L. 102-240 provided that:
"(a) In General. - The Secretary shall encourage the States to
provide for equitable participation in the use of tourist oriented
directional signs or 'logo' signs along the Interstate System and
the Federal-aid primary system (as defined under section 131(t) of
title 23, United States Code).
"(b) Study. - Not later than 1 year after the effective date of
this title [Dec. 18, 1991], the Secretary shall conduct a study and
report to Congress on the participation in the use of signs
referred to in subsection (a) and the practices of the States with
respect to the use of such signs."
HIGHWAY BEAUTIFICATION COMMISSION
Section 123 of Pub. L. 91-605, as amended by Pub. L. 93-6, Feb.
16, 1973, 87 Stat. 6, established the Commission on Highway
Beautification to (1) study existing statutes and regulations
governing control of outdoor advertising and junkyards in areas
adjacent to Federal-aid highway system, (2) review policies and
practices of Federal and State agencies charged with administrative
jurisdiction over such highways insofar as such policies and
practices relate to governing control of outdoor advertising and
junkyards, (3) compile data necessary to understand and determine
the requirements for such control which may now exist or are likely
to exist within foreseeable future, (4) study problems relating to
control of on-premise outdoor advertising signs, promotional signs,
directional signs, and signs providing information that is
essential to motoring public, (5) study methods of financing and
possible sources of Federal funds, including use of the Highway
Trust Fund, to carry out highway beautification program, and (6)
recommend such modifications or additions to existing laws,
regulations, policies, practices, and demonstration programs as
will, in judgment of the Commission, achieve a workable and
effective highway beautification program and best serve the public
interest and to submit, not later than Dec. 31, 1973, its final
report. The Commission terminated six months after submission of
said report.
COMPREHENSIVE STUDY ON HIGHWAY BEAUTIFICATION PROGRAMS
Section 302 of Pub. L. 89-285 provided that in order to provide
the basis for evaluating the continuing programs authorized by Pub.
L. 89-285, and to furnish the Congress with the information
necessary for authorization of appropriations for fiscal years
beginning after June 30, 1967, the Secretary, in cooperation with
the State highway departments, shall make a detailed estimate of
the cost of carrying out the provisions of Pub. L. 89-285, and a
comprehensive study of the economic impact of such programs on
affected individuals and commercial and industrial enterprises, the
effectiveness of such programs and the public and private benefits
realized thereby, and alternate or improved methods of
accomplishing the objectives of Pub. L. 89-285. The Secretary was
required to submit such detailed estimate and a report concerning
such comprehensive study to the Congress not later than Jan. 10,
1967.
STANDARDS, CRITERIA, RULES AND REGULATIONS
Section 303 of Pub. L. 89-285 mandated the holding of public
hearings by the Secretary of Commerce prior to the promulgation of
standards, criteria and rules and regulations necessary to carry
out this section and section 136 of this title, such standards,
criteria, etc., to be reported to Congress not later than Jan. 10,
1967.
ACQUISITION OF DWELLINGS
Section 305 of Pub. L. 89-285 provided that: "Nothing in this Act
or the amendments made by this Act [amending this section and
section 319 of this title and enacting section 136 of this title
and provisions set out as notes under this section and sections 135
and 136 of this title] shall be construed to authorize the use of
eminent domain to acquire any dwelling (including related
buildings)."
TAKING OF PRIVATE PROPERTY WITHOUT JUST COMPENSATION
Section 401 of Pub. L. 89-285 provided that: "Nothing in this Act
or the amendments made by this Act [amending this section and
section 319 of this title and enacting section 136 of this title
and provisions set out as notes under sections 131, 135, and 136 of
this title] shall be construed to authorize private property to be
taken or the reasonable and existing use restricted by such taking
without just compensation as provided in this Act."
AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR ADMINISTRATIVE
EXPENSES
Section 402 of Pub. L. 89-285, as amended by Pub. L. 97-449, Sec.
2(a), Jan. 12, 1983, 96 Stat. 2439, provided that: "In addition to
any other amounts authorized by this Act and the amendments made by
this Act [amending this section and section 319 of this title and
enacting section 136 of this title and provisions set out as notes
under this section and sections 135 and 136 of this title], there
is authorized to be appropriated, out of any money in the Treasury
not otherwise appropriated, to the Secretary not to exceed
$5,000,000 for administrative expenses in carrying out this Act
(including amendments made by this Act)."
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
23 USC Sec. 132 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 132. Payments on Federal-aid projects undertaken by a Federal
agency
-STATUTE-
(a) In General. - In a case in which a proposed Federal-aid
project is to be undertaken by a Federal agency in accordance with
an agreement between a State and the Federal agency, the State may -
(1) direct the Secretary to transfer the funds for the Federal
share of the project directly to the Federal agency; or
(2) make such deposit with, or payment to, the Federal agency
as is required to meet the obligation of the State under the
agreement for the work undertaken or to be undertaken by the
Federal agency.
(b) Reimbursement. - On execution with a State of a project
agreement described in subsection (a), the Secretary may reimburse
the State, using any available funds, for the estimated Federal
share under this title of the obligation of the State deposited or
paid under subsection (a)(2).
(c) Recovery and Crediting of Funds. - Any sums reimbursed to the
State under this section which may be in excess of the Federal pro
rata share under the provisions of this title of the State's share
of the cost as set forth in the approved final voucher submitted by
the State shall be recovered and credited to the same class of
funds from which the Federal payment under this section was made.
-SOURCE-
(Added Pub. L. 86-657, Sec. 4(a), July 14, 1960, 74 Stat. 522;
amended Pub. L. 109-59, title I, Sec. 1119(b), Aug. 10, 2005, 119
Stat. 1182.)
-MISC1-
AMENDMENTS
2005 - Pub. L. 109-59 designated third sentence as subsec. (c),
inserted heading, and substituted subsecs. (a) and (b) for first
and second sentences which read as follows: "Where a proposed
Federal-aid project is to be undertaken by a Federal agency
pursuant to an agreement between a State and such Federal agency
and the State makes a deposit with or payment to such Federal
agency as may be required in fulfillment of the State's obligation
under such agreement for the work undertaken or to be undertaken by
such Federal agency, the Secretary, upon execution of a project
agreement with such State for the proposed Federal-aid project, may
reimburse the State out of the appropriate appropriations the
estimated Federal share under the provisions of this title of the
State's obligation so deposited or paid by such State. Upon
completion of such project and its acceptance by the Secretary, an
adjustment shall be made in such Federal share payable on account
of such project based on the final cost thereof."
-End-
-CITE-
23 USC Sec. 133 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 133. Surface transportation program
-STATUTE-
(a) Establishment. - The Secretary shall establish a surface
transportation program in accordance with this section.
(b) Eligible Projects. - A State may obligate funds apportioned
to it under section 104(b)(3) for the surface transportation
program only for the following:
(1) Construction, reconstruction, rehabilitation, resurfacing,
restoration, and operational improvements for highways (including
Interstate highways) and bridges (including bridges on public
roads of all functional classifications), including any such
construction or reconstruction necessary to accommodate other
transportation modes, and including the seismic retrofit and
painting of and application of calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable, minimally
corrosive anti-icing and de-icing compositions on bridges and
approaches thereto and other elevated structures, mitigation of
damage to wildlife, habitat, and ecosystems caused by a
transportation project funded under this title.
(2) Capital costs for transit projects eligible for assistance
under chapter 53 of title 49, including vehicles and facilities,
whether publicly or privately owned, that are used to provide
intercity passenger service by bus.
(3) Carpool projects, fringe and corridor parking facilities
and programs, bicycle transportation and pedestrian walkways in
accordance with section 217, and the modification of public
sidewalks to comply with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
(4) Highway and transit safety infrastructure improvements and
programs, hazard eliminations, projects to mitigate hazards
caused by wildlife, and railway-highway grade crossings.
(5) Highway and transit research and development and technology
transfer programs.
(6) Capital and operating costs for traffic monitoring,
management, and control facilities and programs, including
advanced truck stop electrification systems.
(7) Surface transportation planning programs.
(8) Transportation enhancement activities.
(9) Transportation control measures listed in section
108(f)(1)(A) (other than clause (xvi)) of the Clean Air Act (42
U.S.C. 7408(f)(1)(A)).
(10) Development and establishment of management systems under
section 303.
(11) In accordance with all applicable Federal law and
regulations, participation in natural habitat and wetlands
mitigation efforts related to projects funded under this title,
which may include participation in natural habitat and wetlands
mitigation banks; contributions to statewide and regional efforts
to conserve, restore, enhance, and create natural habitats and
wetlands; and development of statewide and regional natural
habitat and wetlands conservation and mitigation plans, including
any such banks, efforts, and plans authorized pursuant to the
Water Resources Development Act of 1990 (including crediting
provisions). Contributions to such mitigation efforts may take
place concurrent with or in advance of project construction.
Contributions toward these efforts may occur in advance of
project construction only if such efforts are consistent with all
applicable requirements of Federal law and regulations and State
transportation planning processes. With respect to participation
in a natural habitat or wetland mitigation effort related to a
project funded under this title that has an impact that occurs
within the service area of a mitigation bank, preference shall be
given, to the maximum extent practicable, to the use of the
mitigation bank if the bank contains sufficient available credits
to offset the impact and the bank is approved in accordance with
the Federal Guidance for the Establishment, Use and Operation of
Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or
other applicable Federal law (including regulations).
(12) Projects relating to intersections that -
(A) have disproportionately high accident rates;
(B) have high levels of congestion, as evidenced by -
(i) interrupted traffic flow at the intersection; and
(ii) a level of service rating that is not better than "F"
during peak travel hours, calculated in accordance with the
Highway Capacity Manual issued by the Transportation Research
Board; and
(C) are located on a Federal-aid highway.
(13) Infrastructure-based intelligent transportation systems
capital improvements.
(14) Environmental restoration and pollution abatement in
accordance with section 328.
(15) Control of noxious weeds and aquatic noxious weeds and
establishment of native species in accordance with section 329.
(c) Location of Projects. - Except as provided in subsection
(b)(1), surface transportation program projects (other than those
described in subsections (b)(3) and (4)) may not be undertaken on
roads functionally classified as local or rural minor collectors,
unless such roads are on a Federal-aid highway system on January 1,
1991, and except as approved by the Secretary.
(d) Allocations of Apportioned Funds. -
[(1) Repealed. Pub. L. 109-59, title I, Sec. 1113(b)(1), Aug.
10, 2005, 119 Stat. 1172.]
(2) For transportation enhancement activities. - In a fiscal
year, the greater of 10 percent of the funds apportioned to a
State under section 104(b)(3) for such fiscal year, or the amount
set aside under this paragraph with respect to the State for
fiscal year 2005, shall only be available for transportation
enhancement activities.
(3) Division between urbanized areas of over 200,000 population
and other areas. -
(A) General rule. - Except as provided in subparagraph (C),
62.5 percent of the remaining 90 percent of the funds
apportioned to a State under section 104(b)(3) for a fiscal
year shall be obligated under this section -
(i) in urbanized areas of the State with an urbanized area
population of over 200,000, and
(ii) in other areas of the State,
in proportion to their relative share of the State's
population. The remaining 37.5 percent may be obligated in any
area of the State. Funds attributed to an urbanized area under
clause (i) may be obligated in the metropolitan area
established under section 134 which encompasses the urbanized
area.
(B) Special rule for areas of less than 5,000 population. -
Of the amounts required to be obligated under subparagraph
(A)(ii), the State shall obligate in areas of the State (other
than urban areas with a population greater than 5,000) an
amount which is not less than 110 percent of the amount of
funds apportioned to the State for the Federal-aid secondary
system for fiscal year 1991.
(C) Noncontiguous states exemption. - Subparagraph (A) shall
not apply to Hawaii and Alaska.
(D) Distribution between urbanized areas of over 200,000
population. - The amount of funds which a State is required to
obligate under subparagraph (A)(i) shall be obligated in
urbanized areas described in subparagraph (A)(i) based on the
relative population of such areas; except that the State may
obligate such funds based on other factors if the State and the
relevant metropolitan planning organizations jointly apply to
the Secretary for the permission to do so and the Secretary
grants the request.
(4) Applicability of planning requirements. - Programming and
expenditure of funds for projects under this section shall be
consistent with the requirements of sections 134 and 135 of this
title.
(5) Applicability of certain requirements to third party
sellers. -
(A) In general. - Except as provided in subparagraphs (B) and
(C), in the case of a transportation enhancement activity
funded from the allocation required under paragraph (2), if
real property or an interest in real property is to be acquired
from a qualified organization exclusively for conservation
purposes (as determined under section 170(h) of the Internal
Revenue Code of 1986), the organization shall be considered to
be the owner of the property for the purpose of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.).
(B) Federal approval prior to involvement of qualified
organization. - If Federal approval of the acquisition of the
real property or interest predates the involvement of a
qualified organization described in subparagraph (A) in the
acquisition of the property, the organization shall be
considered to be an acquiring agency or person as described in
section 24.101(a)(2) of title 49, Code of Federal Regulations,
for the purpose of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
(C) Acquisitions on behalf of recipients of federal funds. -
If a qualified organization described in subparagraph (A) has
contracted with a State transportation department or other
recipient of Federal funds to acquire the real property or
interest on behalf of the recipient, the organization shall be
considered to be an agent of the recipient for the purpose of
the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970.
(e) Administration. -
(1) Noncompliance. - If the Secretary determines that a State
or local government has failed to comply substantially with any
provision of this section, the Secretary shall notify the State
that, if the State fails to take corrective action within 60 days
from the date of receipt of the notification, the Secretary will
withhold future apportionments under section 104(b)(3) until the
Secretary is satisfied that appropriate corrective action has
been taken.
(2) Program approval. -
(A) Submission of project agreement. - For each fiscal year,
each State shall submit a project agreement that -
(i) certifies that the State will meet all the requirements
of this section; and
(ii) notifies the Secretary of the amount of obligations
needed to carry out the program under this section.
(B) Request for adjustments of amounts. - Each State shall
request from the Secretary such adjustments to the amount of
obligations referred to in subparagraph (A)(ii) as the State
determines to be necessary.
(C) Effect of approval by the secretary. - Approval by the
Secretary of a project agreement under subparagraph (A) shall
be deemed a contractual obligation of the United States to pay
surface transportation program funds made available under this
title.
(3) Payments. -
(A) In general. - Except as provided in subparagraph (B), the
Secretary shall make payments to a State of costs incurred by
the State for the surface transportation program in accordance
with procedures to be established by the Secretary.
(B) Advance payment option for transportation enhancement
activities. -
(i) In general. - The Secretary may advance funds to the
State for transportation enhancement activities funded from
the allocation required by subsection (d)(2) for a fiscal
year.
(ii) Limitation on amounts. - Amounts advanced under this
subparagraph shall be limited to such amounts as are
necessary to make prompt payments for project costs.
(iii) Effect on other requirements. - This subparagraph
shall not exempt a State from other requirements of this
title relating to the surface transportation program.
(4) Population determinations. - The Secretary shall use
estimates prepared by the Secretary of Commerce when determining
population figures for purposes of this section.
(5) Transportation enhancement activities. -
(A) Categorical exclusions. - To the extent appropriate, the
Secretary shall develop categorical exclusions from the
requirement that an environmental assessment or an
environmental impact statement under section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332) be
prepared for transportation enhancement activities funded from
the allocation required by subsection (d)(2).
(B) Nationwide programmatic agreement. - The Secretary, in
consultation with the National Conference of State Historic
Preservation Officers and the Advisory Council on Historic
Preservation established under title II of the National
Historic Preservation Act (16 U.S.C. 470i et seq.), shall
develop a nationwide programmatic agreement governing the
review of transportation enhancement activities funded from the
allocation required by subsection (d)(2), in accordance with -
(i) section 106 of such Act (16 U.S.C. 470f); and
(ii) the regulations of the Advisory Council on Historic
Preservation.
(C) Cost sharing. -
(i) Required aggregate non-federal share. - The average
annual non-Federal share of the total cost of all projects to
carry out transportation enhancement activities in a State
for a fiscal year shall be not less than the non-Federal
share authorized for the State under section 120(b).
(ii) Innovative financing. - Subject to clause (i),
notwithstanding section 120 -
(I) funds from other Federal agencies and the value of
other contributions (as determined by the Secretary) may be
credited toward the non-Federal share of the costs of a
project to carry out a transportation enhancement activity;
(II) the non-Federal share for such a project may be
calculated on a project, multiple-project, or program
basis; and
(III) the Federal share of the cost of an individual
project to which subclause (I) or (II) applies may be up to
100 percent.
(f) Obligation Authority. -
(1) In general. - A State that is required to obligate in an
urbanized area with an urbanized area population of over 200,000
individuals under subsection (d) funds apportioned to the State
under section 104(b)(3) shall make available during the period of
fiscal years 2004 through 2006 and the period of fiscal years
2007 through 2009 an amount of obligation authority distributed
to the State for Federal-aid highways and highway safety
construction programs for use in the area that is equal to the
amount obtained by multiplying -
(A) the aggregate amount of funds that the State is required
to obligate in the area under subsection (d) during the period;
and
(B) the ratio that -
(i) the aggregate amount of obligation authority
distributed to the State for Federal-aid highways and highway
safety construction programs during the period; bears to
(ii) the total of the sums apportioned to the State for
Federal-aid highways and highway safety construction programs
(excluding sums not subject to an obligation limitation)
during the period.
(2) Joint responsibility. - Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with paragraph (1).
-SOURCE-
(Added Pub. L. 102-240, title I, Sec. 1007(a)(1), Dec. 18, 1991,
105 Stat. 1927; amended Pub. L. 103-429, Sec. 3(4), Oct. 31, 1994,
108 Stat. 4377; Pub. L. 104-59, title III, Secs. 315, 316, Nov. 28,
1995, 109 Stat. 586, 587; Pub. L. 105-178, title I, Secs. 1108(a)-
(e), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 138-140, 193; Pub.
L. 109-59, title I, Sec. 1113(a)-(b)(2), (c)-(e), title VI, Sec.
6006(a)(2), Aug. 10, 2005, 119 Stat. 1171, 1172, 1872.)
-REFTEXT-
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred to in
subsec. (b)(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,
as amended, which is classified principally to chapter 126 (Sec.
12101 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title
note set out under section 12101 of Title 42 and Tables.
The Water Resources Development Act of 1990, referred to in
subsec. (b)(11), is Pub. L. 101-640, Nov. 28, 1990, 104 Stat. 4604.
For complete classification of this Act to the Code, see Short
Title of 1990 Amendment note set out under section 2201 of Title
33, Navigation and Navigable Waters, and Tables.
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, referred to in subsec. (d)(5), is Pub. L. 91-
646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally
to chapter 61 (Sec. 4601 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 4601 of Title 42 and
Tables.
Section 170(h) of the Internal Revenue Code of 1986, referred to
in subsec. (d)(5)(A), is classified to section 170(h) of Title 26,
Internal Revenue Code.
The National Historic Preservation Act, referred to in subsec.
(e)(5)(B), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as
amended. Title II of the Act is classified generally to part B
(Sec. 470i et seq.) of subchapter II of chapter 1A of Title 16,
Conservation. For complete classification of this Act to the Code,
see section 470 of Title 16 and Tables.
-MISC1-
PRIOR PROVISIONS
A prior section 133, Pub. L. 87-866, Sec. 5(a), Oct. 23, 1962, 76
Stat. 1146, provided for relocation assistance for persons
displaced by Federal-aid highway construction, prior to repeal by
Pub. L. 90-495, Sec. 37, Aug. 23, 1968, 82 Stat. 836, effective
July 1, 1970. See section 501 et seq. of this title.
AMENDMENTS
2005 - Subsec. (b)(6). Pub. L. 109-59, Sec. 1113(a)(1), inserted
", including advanced truck stop electrification systems" before
period at end.
Subsec. (b)(12). Pub. L. 109-59, Sec. 1113(a)(2), added par.
(12).
Subsec. (b)(14), (15). Pub. L. 109-59, Sec. 6006(a)(2), added
pars. (14) and (15) and struck out former par. (14) which read as
follows: "Environmental restoration and pollution abatement
projects (including the retrofit or construction of storm water
treatment systems) to address water pollution or environmental
degradation caused or contributed to by transportation facilities,
which projects shall be carried out when the transportation
facilities are undergoing reconstruction, rehabilitation,
resurfacing, or restoration; except that the expenditure of funds
under this section for any such environmental restoration or
pollution abatement project shall not exceed 20 percent of the
total cost of the reconstruction, rehabilitation, resurfacing, or
restoration project."
Subsec. (d)(1). Pub. L. 109-59, Sec. 1113(b)(1), struck out
heading and text of par. (1). Text read as follows: "10 percent of
the funds apportioned to a State under section 104(b)(3) for the
surface transportation program for a fiscal year shall only be
available for carrying out sections 130 and 152 of this title. Of
the funds set aside under the preceding sentence, the State shall
reserve in such fiscal year an amount of such funds for carrying
out each such section which is not less than the amount of funds
apportioned to the State in fiscal year 1991 under such section."
Subsec. (d)(2). Pub. L. 109-59, Sec. 1113(c), substituted "In a
fiscal year, the greater of 10 percent of the funds apportioned to
a State under section 104(b)(3) for such fiscal year, or the amount
set aside under this paragraph with respect to the State for fiscal
year 2005," for "10 percent of the funds apportioned to a State
under section 104(b)(3) for a fiscal year".
Subsec. (d)(3)(A). Pub. L. 109-59, Sec. 1113(b)(2)(A)(ii),
substituted "90 percent" for "80 percent" in introductory
provisions.
Pub. L. 109-59, Sec. 1113(b)(2)(A)(i), substituted "subparagraph
(C)" for "subparagraphs (C) and (D)" in introductory provisions.
Subsec. (d)(3)(B). Pub. L. 109-59, Sec. 1113(b)(2)(B),
substituted "to be" for "tobe".
Subsec. (d)(3)(C) to (E). Pub. L. 109-59, Sec. 1113(b)(2)(C),
redesignated subpar. (D) as (C), inserted period at end,
redesignated par. (E) as (D), and struck out former subpar. (C)
which related to special rule in the case of a State in which
greater than 80 percent of the population of the State was located
in 1 or more metropolitan statistical areas, and greater than 80
percent of the land area of such State was owned by the United
States.
Subsec. (f). Pub. L. 109-59, Sec. 1113(e), amended directory
language of Pub. L. 105-178, Sec. 1108(e). See 1998 Amendment note
below.
Subsec. (f)(1). Pub. L. 109-59, Sec. 1113(d), substituted "2004
through 2006" for "1998 through 2000" and "2007 through 2009" for
"2001 through 2003" in introductory provisions.
1998 - Subsec. (b)(1). Pub. L. 105-178, Sec. 1108(a)(1), inserted
", sodium acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing compositions" after
"calcium magnesium acetate".
Subsec. (b)(2). Pub. L. 105-178, Sec. 1108(a)(2), substituted ",
including vehicles and facilities, whether publicly or privately
owned, that are used to provide intercity passenger service by bus"
for "and publicly owned intracity or intercity bus terminals and
facilities".
Subsec. (b)(3). Pub. L. 105-178, Sec. 1108(a)(3), substituted
"bicycle" for "and bicycle" and inserted before period at end ",
and the modification of public sidewalks to comply with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)".
Subsec. (b)(4). Pub. L. 105-178, Sec. 1108(a)(4), substituted
"Highway and transit safety infrastructure" for "Highway and
transit safety".
Subsec. (b)(9). Pub. L. 105-178, Sec. 1108(a)(5), substituted
"section 108(f)(1)(A) (other than clause (xvi)) of the Clean Air
Act (42 U.S.C. 7408(f)(1)(A))" for "section 108(f)(1)(A) (other
than clauses (xii) and (xvi)) of the Clean Air Act".
Subsec. (b)(11). Pub. L. 105-178, Sec. 1108(a)(6), in first
sentence, inserted "natural habitat and" after "participation in"
in two places and also before "wetlands conservation and mitigation
plans" and substituted "enhance, and create natural habitats and
wetlands" for "enhance and create wetlands" and inserted at end
"With respect to participation in a natural habitat or wetland
mitigation effort related to a project funded under this title that
has an impact that occurs within the service area of a mitigation
bank, preference shall be given, to the maximum extent practicable,
to the use of the mitigation bank if the bank contains sufficient
available credits to offset the impact and the bank is approved in
accordance with the Federal Guidance for the Establishment, Use and
Operation of Mitigation Banks (60 Fed. Reg. 58605 (November 28,
1995)) or other applicable Federal law (including regulations)."
Subsec. (b)(13), (14). Pub. L. 105-178, Sec. 1108(a)(7), added
pars. (13) and (14).
Subsec. (d)(3)(D). Pub. L. 105-178, Sec. 1108(b)(1), substituted
"Hawaii and Alaska" for "any State which is noncontiguous with the
continental United States."
Subsec. (d)(5)(C). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),
substituted "State transportation department" for "State highway
department".
Subsec. (e)(2). Pub. L. 105-178, Sec. 1108(c), added par. (2) and
struck out heading and text of former par. (2). Text read as
follows: "The Governor of each State shall certify before the
beginning of each quarter of a fiscal year that the State will meet
all the requirements of this section and shall notify the Secretary
of the amount of obligations expected to be incurred for surface
transportation program projects during such quarter. A State may
request adjustment to the obligation amounts later in each of such
quarters. Acceptance of the notification and certification shall be
deemed a contractual obligation of the United States for the
payment of the surface transportation program funds expected to be
obligated by the State in such quarter for projects not subject to
review by the Secretary under this chapter."
Subsec. (e)(3)(A). Pub. L. 105-178, Sec. 1108(d), struck out at
end "Payments shall not exceed the Federal share of costs incurred
as of the date the State requests payments."
Subsec. (e)(3)(B)(i). Pub. L. 105-178, Sec. 1108(b)(2)(A), struck
out before period at end "if the Secretary certifies for the fiscal
year that the State has authorized and uses a process for the
selection of transportation enhancement projects that involves
representatives of affected public entities, and private citizens,
with expertise related to transportation enhancement activities".
Subsec. (e)(5)(C). Pub. L. 105-178, Sec. 1108(b)(2)(B), added
subpar. (C).
Subsec. (f). Pub. L. 105-178, Sec. 1108(e), as amended by Pub. L.
109-59, Sec. 1113(e), amended heading and text of subsec. (f)
generally. Prior to amendment, text read as follows: "A State which
is required to obligate in an urbanized area with an urbanized area
population of over 200,000 under subsection (d) funds apportioned
to it under section 104(b)(3) shall allocate during the 6-fiscal
year period 1992 through 1997 an amount of obligation authority
distributed to the State for Federal-aid highways and highway
safety construction for use in such area determined by multiplying -
"(1) the aggregate amount of funds which the State is required
to obligate in such area under subsection (d) during such period;
by
"(2) the ratio of the aggregate amount of obligation authority
distributed to the State for Federal-aid highways and highway
safety construction during such period to the total sums
apportioned to the State for Federal-aid highways and highway
safety construction (excluding sums not subject to an obligation
limitation) during such period."
1995 - Subsec. (d)(5). Pub. L. 104-59, Sec. 315, added par. (5).
Subsec. (e)(3). Pub. L. 104-59, Sec. 316(1), designated existing
provisions as subpar. (A), inserted subpar. (A) heading, realigned
margins, substituted "Except as provided in subparagraph (B), the"
for "The", and added subpar. (B).
Subsec. (e)(5). Pub. L. 104-59, Sec. 316(2), added par. (5).
1994 - Subsec. (b)(2). Pub. L. 103-429 substituted "chapter 53 of
title 49" for "the Federal Transit Act".
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-59, title I, Sec. 1113(b)(3), Aug. 10, 2005, 119
Stat. 1172, provided that: "Paragraph (1) and paragraph (2)(A)(ii)
of this subsection [amending this section] shall take effect
October 1, 2005."
Pub. L. 109-59, title I, Sec. 1113(c), Aug. 10, 2005, 119 Stat.
1172, provided that the amendment made by section 1113(c) is
effective Oct. 1, 2005.
Pub. L. 109-59, title I, Sec. 1113(e), Aug. 10, 2005, 119 Stat.
1172, provided that the amendment made by section 1113(e) is
effective June 9, 1998.
EFFECTIVE DATE
Section effective Dec. 18, 1991, and applicable to funds
authorized to be appropriated or made available after Sept. 30,
1991, and, with certain exceptions, not applicable to funds
appropriated or made available on or before Sept. 30, 1991, see
section 1100 of Pub. L. 102-240, set out as an Effective Date of
1991 Amendment note under section 104 of this title.
DIVISION OF STP FUNDS FOR AREAS OF LESS THAN 5,000 POPULATION
Pub. L. 105-178, title I, Sec. 1108(f), June 9, 1998, 112 Stat.
141, as amended by Pub. L. 110-244, title I, Sec. 113(a), June 6,
2008, 122 Stat. 1606, provided that:
"(1) Special rule. - Notwithstanding section 133(c) of title 23,
United States Code, and except as provided in paragraph (2), up to
15 percent of the amounts required to be obligated under section
133(d)(3)(B) of such title for each of fiscal years 1998 through
2009 may be obligated on roads functionally classified as minor
collectors.
"(2) Suspension. - The Secretary may suspend the application of
paragraph (1) if the Secretary determines that paragraph (1) is
being used excessively."
ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS
Pub. L. 105-178, title I, Sec. 1108(g), June 9, 1998, 112 Stat.
141, provided that: "The Secretary shall encourage the States to
enter into contracts and cooperative agreements with qualified
youth conservation or service corps to perform appropriate
transportation enhancement activities under chapter 1 of title 23,
United States Code."
-End-
-CITE-
23 USC Sec. 134 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 134. Metropolitan transportation planning
-STATUTE-
(a) Policy. - It is in the national interest to -
(1) encourage and promote the safe and efficient management,
operation, and development of surface transportation systems that
will serve the mobility needs of people and freight and foster
economic growth and development within and between States and
urbanized areas, while minimizing transportation-related fuel
consumption and air pollution through metropolitan and statewide
transportation planning processes identified in this chapter; and
(2) encourage the continued improvement and evolution of the
metropolitan and statewide transportation planning processes by
metropolitan planning organizations, State departments of
transportation, and public transit operators as guided by the
planning factors identified in subsection (h) and section 135(d).
(b) Definitions. - In this section and section 135, the following
definitions apply:
(1) Metropolitan planning area. - The term "metropolitan
planning area" means the geographic area determined by agreement
between the metropolitan planning organization for the area and
the Governor under subsection (e).
(2) Metropolitan planning organization. - The term
"metropolitan planning organization" means the policy board of an
organization created as a result of the designation process in
subsection (d).
(3) Nonmetropolitan area. - The term "nonmetropolitan area"
means a geographic area outside designated metropolitan planning
areas.
(4) Nonmetropolitan local official. - The term "nonmetropolitan
local official" means elected and appointed officials of general
purpose local government in a nonmetropolitan area with
responsibility for transportation.
(5) TIP. - The term "TIP" means a transportation improvement
program developed by a metropolitan planning organization under
subsection (j).
(6) Urbanized area. - The term "urbanized area" means a
geographic area with a population of 50,000 or more, as
designated by the Bureau of the Census.
(c) General Requirements. -
(1) Development of long-range plans and tips. - To accomplish
the objectives in subsection (a), metropolitan planning
organizations designated under subsection (d), in cooperation
with the State and public transportation operators, shall develop
long-range transportation plans and transportation improvement
programs for metropolitan planning areas of the State.
(2) Contents. - The plans and TIPs for each metropolitan area
shall provide for the development and integrated management and
operation of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the metropolitan planning area and as an integral part
of an intermodal transportation system for the State and the
United States.
(3) Process of development. - The process for developing the
plans and TIPs shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the complexity
of the transportation problems to be addressed.
(d) Designation of Metropolitan Planning Organizations. -
(1) In general. - To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with a
population of more than 50,000 individuals -
(A) by agreement between the Governor and units of general
purpose local government that together represent at least 75
percent of the affected population (including the largest
incorporated city (based on population) as named by the Bureau
of the Census); or
(B) in accordance with procedures established by applicable
State or local law.
(2) Structure. - Each metropolitan planning organization that
serves an area designated as a transportation management area,
when designated or redesignated under this subsection, shall
consist of -
(A) local elected officials;
(B) officials of public agencies that administer or operate
major modes of transportation in the metropolitan area; and
(C) appropriate State officials.
(3) Limitation on statutory construction. - Nothing in this
subsection shall be construed to interfere with the authority,
under any State law in effect on December 18, 1991, of a public
agency with multimodal transportation responsibilities to -
(A) develop the plans and TIPs for adoption by a metropolitan
planning organization; and
(B) develop long-range capital plans, coordinate transit
services and projects, and carry out other activities pursuant
to State law.
(4) Continuing designation. - A designation of a metropolitan
planning organization under this subsection or any other
provision of law shall remain in effect until the metropolitan
planning organization is redesignated under paragraph (5).
(5) Redesignation procedures. - A metropolitan planning
organization may be redesignated by agreement between the
Governor and units of general purpose local government that
together represent at least 75 percent of the existing planning
area population (including the largest incorporated city (based
on population) as named by the Bureau of the Census) as
appropriate to carry out this section.
(6) Designation of more than 1 metropolitan planning
organization. - More than 1 metropolitan planning organization
may be designated within an existing metropolitan planning area
only if the Governor and the existing metropolitan planning
organization determine that the size and complexity of the
existing metropolitan planning area make designation of more than
1 metropolitan planning organization for the area appropriate.
(e) Metropolitan Planning Area Boundaries. -
(1) In general. - For the purposes of this section, the
boundaries of a metropolitan planning area shall be determined by
agreement between the metropolitan planning organization and the
Governor.
(2) Included area. - Each metropolitan planning area -
(A) shall encompass at least the existing urbanized area and
the contiguous area expected to become urbanized within a 20-
year forecast period for the transportation plan; and
(B) may encompass the entire metropolitan statistical area or
consolidated metropolitan statistical area, as defined by the
Bureau of the Census.
(3) Identification of new urbanized areas within existing
planning area boundaries. - The designation by the Bureau of the
Census of new urbanized areas within an existing metropolitan
planning area shall not require the redesignation of the existing
metropolitan planning organization.
(4) Existing metropolitan planning areas in nonattainment. -
Notwithstanding paragraph (2), in the case of an urbanized area
designated as a nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date
of enactment of the SAFETEA-LU, the boundaries of the
metropolitan planning area in existence as of such date of
enactment shall be retained; except that the boundaries may be
adjusted by agreement of the Governor and affected metropolitan
planning organizations in the manner described in subsection
(d)(5).
(5) New metropolitan planning areas in nonattainment. - In the
case of an urbanized area designated after the date of enactment
of the SAFETEA-LU, as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning area -
(A) shall be established in the manner described in
subsection (d)(1);
(B) shall encompass the areas described in paragraph (2)(A);
(C) may encompass the areas described in paragraph (2)(B);
and
(D) may address any nonattainment area identified under the
Clean Air Act for ozone or carbon monoxide.
(f) Coordination in Multistate Areas. -
(1) In general. - The Secretary shall encourage each Governor
with responsibility for a portion of a multistate metropolitan
area and the appropriate metropolitan planning organizations to
provide coordinated transportation planning for the entire
metropolitan area.
(2) Interstate compacts. - The consent of Congress is granted
to any two or more States -
(A) to enter into agreements or compacts, not in conflict
with any law of the United States, for cooperative efforts and
mutual assistance in support of activities authorized under
this section as the activities pertain to interstate areas and
localities within the States; and
(B) to establish such agencies, joint or otherwise, as the
States may determine desirable for making the agreements and
compacts effective.
(3) Lake tahoe region. -
(A) Definition. - In this paragraph, the term "Lake Tahoe
region" has the meaning given the term "region" in subdivision
(a) of article II of the Tahoe Regional Planning Compact, as
set forth in the first section of Public Law 96-551 (94 Stat.
3234).
(B) Transportation planning process. - The Secretary shall -
(i) establish with the Federal land management agencies
that have jurisdiction over land in the Lake Tahoe region a
transportation planning process for the region; and
(ii) coordinate the transportation planning process with
the planning process required of State and local governments
under this section and section 135.
(C) Interstate compact. -
(i) In general. - Subject to clause (ii), and
notwithstanding subsection (b), to carry out the
transportation planning process required by this section, the
consent of Congress is granted to the States of California
and Nevada to designate a metropolitan planning organization
for the Lake Tahoe region, by agreement between the Governors
of the States of California and Nevada and units of general
purpose local government that together represent at least 75
percent of the affected population (including the central
city or cities (as defined by the Bureau of the Census)), or
in accordance with procedures established by applicable State
or local law.
(ii) Involvement of federal land management agencies. -
(I) Representation. - The policy board of a metropolitan
planning organization designated under clause (i) shall
include a representative of each Federal land management
agency that has jurisdiction over land in the Lake Tahoe
region.
(II) Funding. - For fiscal year 2008 and each fiscal year
thereafter, in addition to other funds made available to
the metropolitan planning organization for the Lake Tahoe
region under this title and chapter 53 of title 49, prior
to any allocation under section 202 of this title and
notwithstanding the allocation provisions of section 202,
the Secretary shall set aside 1/2 of 1 percent of all
funds authorized to be appropriated for such fiscal year to
carry out section 204 and shall make such funds available
to the metropolitan planning organization for the Lake
Tahoe region to carry out the transportation planning
process, environmental reviews, preliminary engineering,
and design to complete environmental documentation for
transportation projects for the Lake Tahoe region under the
Tahoe Regional Planning Compact as consented to in Public
Law 96-551 (94 Stat. 3233) and this paragraph.
(D) Activities. - Highway projects included in transportation
plans developed under this paragraph -
(i) shall be selected for funding in a manner that
facilitates the participation of the Federal land management
agencies that have jurisdiction over land in the Lake Tahoe
region; and
(ii) may, in accordance with chapter 2, be funded using
funds allocated under section 202.
(4) Reservation of rights. - The right to alter, amend, or
repeal interstate compacts entered into under this subsection is
expressly reserved.
(g) MPO Consultation in Plan and TIP Coordination. -
(1) Nonattainment areas. - If more than 1 metropolitan planning
organization has authority within a metropolitan area or an area
which is designated as a nonattainment area for ozone or carbon
monoxide under the Clean Air Act, each metropolitan planning
organization shall consult with the other metropolitan planning
organizations designated for such area and the State in the
coordination of plans and TIPs required by this section.
(2) Transportation improvements located in multiple mpos. - If
a transportation improvement, funded from the Highway Trust Fund
or authorized under chapter 53 of title 49, is located within the
boundaries of more than 1 metropolitan planning area, the
metropolitan planning organizations shall coordinate plans and
TIPs regarding the transportation improvement.
(3) Relationship with other planning officials. - The Secretary
shall encourage each metropolitan planning organization to
consult with officials responsible for other types of planning
activities that are affected by transportation in the area
(including State and local planned growth, economic development,
environmental protection, airport operations, and freight
movements) or to coordinate its planning process, to the maximum
extent practicable, with such planning activities. Under the
metropolitan planning process, transportation plans and TIPs
shall be developed with due consideration of other related
planning activities within the metropolitan area, and the process
shall provide for the design and delivery of transportation
services within the metropolitan area that are provided by -
(A) recipients of assistance under chapter 53 of title 49;
(B) governmental agencies and nonprofit organizations
(including representatives of the agencies and organizations)
that receive Federal assistance from a source other than the
Department of Transportation to provide nonemergency
transportation services; and
(C) recipients of assistance under section 204.
(h) Scope of Planning Process. -
(1) In general. - The metropolitan planning process for a
metropolitan planning area under this section shall provide for
consideration of projects and strategies that will -
(A) support the economic vitality of the metropolitan area,
especially by enabling global competitiveness, productivity,
and efficiency;
(B) increase the safety of the transportation system for
motorized and nonmotorized users;
(C) increase the security of the transportation system for
motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and for
freight;
(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the
transportation system, across and between modes, for people and
freight;
(G) promote efficient system management and operation; and
(H) emphasize the preservation of the existing transportation
system.
(2) Failure to consider factors. - The failure to consider any
factor specified in paragraph (1) shall not be reviewable by any
court under this title or chapter 53 of title 49, subchapter II
of chapter 5 of title 5, or chapter 7 of title 5 in any matter
affecting a transportation plan, a TIP, a project or strategy, or
the certification of a planning process.
(i) Development of Transportation Plan. -
(1) In general. - Each metropolitan planning organization shall
prepare and update a transportation plan for its metropolitan
planning area in accordance with the requirements of this
subsection. The metropolitan planning organization shall prepare
and update such plan every 4 years (or more frequently, if the
metropolitan planning organization elects to update more
frequently) in the case of each of the following:
(A) Any area designated as nonattainment, as defined in
section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
(B) Any area that was nonattainment and subsequently
designated to attainment in accordance with section 107(d)(3)
of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a
maintenance plan under section 175A of that Act (42 U.S.C.
7505a).
In the case of any other area required to have a transportation
plan in accordance with the requirements of this subsection, the
metropolitan planning organization shall prepare and update such
plan every 5 years unless the metropolitan planning organization
elects to update more frequently.
(2) Transportation plan. - A transportation plan under this
section shall be in a form that the Secretary determines to be
appropriate and shall contain, at a minimum, the following:
(A) Identification of transportation facilities. - An
identification of transportation facilities (including major
roadways, transit, multimodal and intermodal facilities, and
intermodal connectors) that should function as an integrated
metropolitan transportation system, giving emphasis to those
facilities that serve important national and regional
transportation functions. In formulating the transportation
plan, the metropolitan planning organization shall consider
factors described in subsection (h) as such factors relate to a
20-year forecast period.
(B) Mitigation activities. -
(i) In general. - A long-range transportation plan shall
include a discussion of types of potential environmental
mitigation activities and potential areas to carry out these
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions
affected by the plan.
(ii) Consultation. - The discussion shall be developed in
consultation with Federal, State, and tribal wildlife, land
management, and regulatory agencies.
(C) Financial plan. - A financial plan that demonstrates how
the adopted transportation plan can be implemented, indicates
resources from public and private sources that are reasonably
expected to be made available to carry out the plan, and
recommends any additional financing strategies for needed
projects and programs. The financial plan may include, for
illustrative purposes, additional projects that would be
included in the adopted transportation plan if reasonable
additional resources beyond those identified in the financial
plan were available. For the purpose of developing the
transportation plan, the metropolitan planning organization,
transit operator, and State shall cooperatively develop
estimates of funds that will be available to support plan
implementation.
(D) Operational and management strategies. - Operational and
management strategies to improve the performance of existing
transportation facilities to relieve vehicular congestion and
maximize the safety and mobility of people and goods.
(E) Capital investment and other strategies. - Capital
investment and other strategies to preserve the existing and
projected future metropolitan transportation infrastructure and
provide for multimodal capacity increases based on regional
priorities and needs.
(F) Transportation and transit enhancement activities. -
Proposed transportation and transit enhancement activities.
(3) Coordination with clean air act agencies. - In metropolitan
areas which are in nonattainment for ozone or carbon monoxide
under the Clean Air Act, the metropolitan planning organization
shall coordinate the development of a transportation plan with
the process for development of the transportation control
measures of the State implementation plan required by the Clean
Air Act.
(4) Consultation. -
(A) In general. - In each metropolitan area, the metropolitan
planning organization shall consult, as appropriate, with State
and local agencies responsible for land use management, natural
resources, environmental protection, conservation, and historic
preservation concerning the development of a long-range
transportation plan.
(B) Issues. - The consultation shall involve, as appropriate -
(i) comparison of transportation plans with State
conservation plans or maps, if available; or
(ii) comparison of transportation plans to inventories of
natural or historic resources, if available.
(5) Participation by interested parties. -
(A) In general. - Each metropolitan planning organization
shall provide citizens, affected public agencies,
representatives of public transportation employees, freight
shippers, providers of freight transportation services, private
providers of transportation, representatives of users of public
transportation, representatives of users of pedestrian walkways
and bicycle transportation facilities, representatives of the
disabled, and other interested parties with a reasonable
opportunity to comment on the transportation plan.
(B) Contents of participation plan. - A participation plan -
(i) shall be developed in consultation with all interested
parties; and
(ii) shall provide that all interested parties have
reasonable opportunities to comment on the contents of the
transportation plan.
(C) Methods. - In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum extent
practicable -
(i) hold any public meetings at convenient and accessible
locations and times;
(ii) employ visualization techniques to describe plans; and
(iii) make public information available in electronically
accessible format and means, such as the World Wide Web, as
appropriate to afford reasonable opportunity for
consideration of public information under subparagraph (A).
(6) Publication. - A transportation plan involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for public
review, including (to the maximum extent practicable) in
electronically accessible formats and means, such as the World
Wide Web, approved by the metropolitan planning organization and
submitted for information purposes to the Governor at such times
and in such manner as the Secretary shall establish.
(7) Selection of projects from illustrative list. -
Notwithstanding paragraph (2)(C), a State or metropolitan
planning organization shall not be required to select any project
from the illustrative list of additional projects included in the
financial plan under paragraph (2)(C).
(j) Metropolitan TIP. -
(1) Development. -
(A) In general. - In cooperation with the State and any
affected public transportation operator, the metropolitan
planning organization designated for a metropolitan area shall
develop a TIP for the area for which the organization is
designated.
(B) Opportunity for comment. - In developing the TIP, the
metropolitan planning organization, in cooperation with the
State and any affected public transportation operator, shall
provide an opportunity for participation by interested parties
in the development of the program, in accordance with
subsection (i)(5).
(C) Funding estimates. - For the purpose of developing the
TIP, the metropolitan planning organization, public
transportation agency, and State shall cooperatively develop
estimates of funds that are reasonably expected to be available
to support program implementation.
(D) Updating and approval. - The TIP shall be updated at
least once every 4 years and shall be approved by the
metropolitan planning organization and the Governor.
(2) Contents. -
(A) Priority list. - The TIP shall include a priority list of
proposed federally supported projects and strategies to be
carried out within each 4-year period after the initial
adoption of the TIP.
(B) Financial plan. - The TIP shall include a financial plan
that -
(i) demonstrates how the TIP can be implemented;
(ii) indicates resources from public and private sources
that are reasonably expected to be available to carry out the
program;
(iii) identifies innovative financing techniques to finance
projects, programs, and strategies; and
(iv) may include, for illustrative purposes, additional
projects that would be included in the approved TIP if
reasonable additional resources beyond those identified in
the financial plan were available.
(C) Descriptions. - Each project in the TIP shall include
sufficient descriptive material (such as type of work, termini,
length, and other similar factors) to identify the project or
phase of the project.
(3) Included projects. -
(A) Projects under this title and chapter 53 of title 49. - A
TIP developed under this subsection for a metropolitan area
shall include the projects within the area that are proposed
for funding under chapter 1 of this title and chapter 53 of
title 49.
(B) Projects under chapter 2. -
(i) Regionally significant projects. - Regionally
significant projects proposed for funding under chapter 2
shall be identified individually in the transportation
improvement program.
(ii) Other projects. - Projects proposed for funding under
chapter 2 that are not determined to be regionally
significant shall be grouped in one line item or identified
individually in the transportation improvement program.
(C) Consistency with long-range transportation plan. - Each
project shall be consistent with the long-range transportation
plan developed under subsection (i) for the area.
(D) Requirement of anticipated full funding. - The program
shall include a project, or an identified phase of a project,
only if full funding can reasonably be anticipated to be
available for the project or the identified phase within the
time period contemplated for completion of the project or the
identified phase.
(4) Notice and comment. - Before approving a TIP, a
metropolitan planning organization, in cooperation with the State
and any affected public transportation operator, shall provide an
opportunity for participation by interested parties in the
development of the program, in accordance with subsection (i)(5).
(5) Selection of projects. -
(A) In general. - Except as otherwise provided in subsection
(k)(4) and in addition to the TIP development required under
paragraph (1), the selection of federally funded projects in
metropolitan areas shall be carried out, from the approved TIP -
(i) by -
(I) in the case of projects under this title, the State;
and
(II) in the case of projects under chapter 53 of title
49, the designated recipients of public transportation
funding; and
(ii) in cooperation with the metropolitan planning
organization.
(B) Modifications to project priority. - Notwithstanding any
other provision of law, action by the Secretary shall not be
required to advance a project included in the approved TIP in
place of another project in the program.
(6) Selection of projects from illustrative list. -
(A) No required selection. - Notwithstanding paragraph
(2)(B)(iv), a State or metropolitan planning organization shall
not be required to select any project from the illustrative
list of additional projects included in the financial plan
under paragraph (2)(B)(iv).
(B) Required action by the secretary. - Action by the
Secretary shall be required for a State or metropolitan
planning organization to select any project from the
illustrative list of additional projects included in the
financial plan under paragraph (2)(B)(iv) for inclusion in an
approved TIP.
(7) Publication. -
(A) Publication of tips. - A TIP involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for public
review.
(B) Publication of annual listings of projects. - An annual
listing of projects, including investments in pedestrian
walkways and bicycle transportation facilities, for which
Federal funds have been obligated in the preceding year shall
be published or otherwise made available by the cooperative
effort of the State, transit operator, and metropolitan
planning organization for public review. The listing shall be
consistent with the categories identified in the TIP.
(k) Transportation Management Areas. -
(1) Identification and designation. -
(A) Required identification. - The Secretary shall identify
as a transportation management area each urbanized area (as
defined by the Bureau of the Census) with a population of over
200,000 individuals.
(B) Designations on request. - The Secretary shall designate
any additional area as a transportation management area on the
request of the Governor and the metropolitan planning
organization designated for the area.
(2) Transportation plans. - In a transportation management
area, transportation plans shall be based on a continuing and
comprehensive transportation planning process carried out by the
metropolitan planning organization in cooperation with the State
and public transportation operators.
(3) Congestion management process. - Within a metropolitan
planning area serving a transportation management area, the
transportation planning process under this section shall address
congestion management through a process that provides for
effective management and operation, based on a cooperatively
developed and implemented metropolitan-wide strategy, of new and
existing transportation facilities eligible for funding under
this title and chapter 53 of title 49 through the use of travel
demand reduction and operational management strategies. The
Secretary shall establish an appropriate phase-in schedule for
compliance with the requirements of this section but no sooner
than 1 year after the identification of a transportation
management area.
(4) Selection of projects. -
(A) In general. - All federally funded projects carried out
within the boundaries of a metropolitan planning area serving a
transportation management area under this title (excluding
projects carried out on the National Highway System and
projects carried out under the bridge program or the Interstate
maintenance program) or under chapter 53 of title 49 shall be
selected for implementation from the approved TIP by the
metropolitan planning organization designated for the area in
consultation with the State and any affected public
transportation operator.
(B) National highway system projects. - Projects carried out
within the boundaries of a metropolitan planning area serving a
transportation management area on the National Highway System
and projects carried out within such boundaries under the
bridge program or the Interstate maintenance program under this
title shall be selected for implementation from the approved
TIP by the State in cooperation with the metropolitan planning
organization designated for the area.
(5) Certification. -
(A) In general. - The Secretary shall -
(i) ensure that the metropolitan planning process of a
metropolitan planning organization serving a transportation
management area is being carried out in accordance with
applicable provisions of Federal law; and
(ii) subject to subparagraph (B), certify, not less often
than once every 4 years, that the requirements of this
paragraph are met with respect to the metropolitan planning
process.
(B) Requirements for certification. - The Secretary may make
the certification under subparagraph (A) if -
(i) the transportation planning process complies with the
requirements of this section and other applicable
requirements of Federal law; and
(ii) there is a TIP for the metropolitan planning area that
has been approved by the metropolitan planning organization
and the Governor.
(C) Effect of failure to certify. -
(i) Withholding of project funds. - If a metropolitan
planning process of a metropolitan planning organization
serving a transportation management area is not certified,
the Secretary may withhold up to 20 percent of the funds
attributable to the metropolitan planning area of the
metropolitan planning organization for projects funded under
this title and chapter 53 of title 49.
(ii) Restoration of withheld funds. - The withheld funds
shall be restored to the metropolitan planning area at such
time as the metropolitan planning process is certified by the
Secretary.
(D) Review of certification. - In making certification
determinations under this paragraph, the Secretary shall
provide for public involvement appropriate to the metropolitan
area under review.
(l) Abbreviated Plans for Certain Areas. -
(1) In general. - Subject to paragraph (2), in the case of a
metropolitan area not designated as a transportation management
area under this section, the Secretary may provide for the
development of an abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary determines is
appropriate to achieve the purposes of this section, taking into
account the complexity of transportation problems in the area.
(2) Nonattainment areas. - The Secretary may not permit
abbreviated plans or TIPs for a metropolitan area that is in
nonattainment for ozone or carbon monoxide under the Clean Air
Act.
(m) Additional Requirements for Certain Nonattainment Areas. -
(1) In general. - Notwithstanding any other provisions of this
title or chapter 53 of title 49, for transportation management
areas classified as nonattainment for ozone or carbon monoxide
pursuant to the Clean Air Act, Federal funds may not be advanced
in such area for any highway project that will result in a
significant increase in the carrying capacity for single-occupant
vehicles unless the project is addressed through a congestion
management process.
(2) Applicability. - This subsection applies to a nonattainment
area within the metropolitan planning area boundaries determined
under subsection (e).
(n) Limitation on Statutory Construction. - Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible under
this title or chapter 53 of title 49.
(o) Funding. - Funds set aside under section 104(f) of this title
or section 5305(g) of title 49 shall be available to carry out this
section.
(p) Continuation of Current Review Practice. - Since plans and
TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included
in plans and TIPs are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
since decisions by the Secretary concerning plans and TIPs
described in this section have not been reviewed under such Act as
of January 1, 1997, any decision by the Secretary concerning a plan
or TIP described in this section shall not be considered to be a
Federal action subject to review under such Act.
-SOURCE-
(Added Pub. L. 87-866, Sec. 9(a), Oct. 23, 1962, 76 Stat. 1148;
amended Pub. L. 91-605, title I, Sec. 143, Dec. 31, 1970, 84 Stat.
1737; Pub. L. 95-599, title I, Sec. 169, Nov. 6, 1978, 92 Stat.
2723; Pub. L. 102-240, title I, Sec. 1024(a), Dec. 18, 1991, 105
Stat. 1955; Pub. L. 102-388, title V, Sec. 502(b), Oct. 6, 1992,
106 Stat. 1566; Pub. L. 103-429, Sec. 3(5), Oct. 31, 1994, 108
Stat. 4377; Pub. L. 104-59, title III, Sec. 317, Nov. 28, 1995, 109
Stat. 588; Pub. L. 105-178, title I, Sec. 1203(a)-(m), (o), June 9,
1998, 112 Stat. 170-179; Pub. L. 105-206, title IX, Sec. 9003(c),
July 22, 1998, 112 Stat. 839; Pub. L. 109-59, title VI, Sec.
6001(a), Aug. 10, 2005, 119 Stat. 1839; Pub. L. 110-244, title I,
Sec. 101(n), June 6, 2008, 122 Stat. 1576.)
-REFTEXT-
REFERENCES IN TEXT
The Clean Air Act, referred to in subsecs. (e)(4), (5)(D),
(g)(1), (i)(3), (l)(2), and (m)(1), is act July 14, 1955, ch. 360,
69 Stat. 322, as amended, which is classified generally to chapter
85 (Sec. 7401 et seq.) of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see Short
Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of the SAFETEA-LU, referred to in subsec.
(e)(4), (5), is the date of enactment of Pub. L. 109-59, which was
approved Aug. 10, 2005.
Public Law 96-551, referred to in subsec. (f)(3)(A), (C)(ii)(II),
is Pub. L. 96-551, Dec. 19, 1980, 94 Stat. 3233, which is not
classified to the Code.
The National Environmental Policy Act of 1969, referred to in
subsec. (p), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.
-MISC1-
AMENDMENTS
2008 - Subsec. (f)(3)(C)(ii)(II). Pub. L. 110-244, Sec.
101(n)(1), added subcl. (II) and struck out former subcl. (II).
Prior to amendment, text read as follows: "In addition to funds
made available to the metropolitan planning organization for the
Lake Tahoe region under other provisions of this title and under
chapter 53 of title 49, 1 percent of the funds allocated under
section 202 shall be used to carry out the transportation planning
process for the Lake Tahoe region under this subparagraph."
Subsec. (j)(3)(D). Pub. L. 110-244, Sec. 101(n)(2), inserted "or
the identified phase" after "the project" in two places.
Subsec. (k)(2). Pub. L. 110-244, Sec. 101(n)(3), struck out "a
metropolitan planning area serving" before "a transportation
management area,".
2005 - Pub. L. 109-59 amended section catchline and text
generally, substituting provisions relating to metropolitan
transportation planning for provisions relating to, in subsec. (a),
general requirements for development of transportation plans and
programs for urbanized areas, in subsec. (b), designation of
metropolitan planning organizations, in subsec. (c), determination
of metropolitan planning area boundaries, in subsec. (d),
coordination of transportation planning in multistate metropolitan
areas, in subsec. (e), coordination of metropolitan planning
organizations, in subsec. (f), scope of the planning process, in
subsec. (g), development of a long-range transportation plan, in
subsec. (h), development of a metropolitan area transportation
improvement program, in subsec. (i), designation of transportation
management areas, in subsec. (j), abbreviated plans and programs
for areas not designated as transportation management areas, in
subsec. (k), transfer of funds, in subsec. (l), additional
requirements for nonattainment areas under the Clean Air Act,in
subsec. (m), limitation on statutory construction, in subsec. (n),
funding, and in subsec. (o), review of plans and programs under the
National Environmental Policy Act of 1969.
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1203(a), reenacted
heading without change and amended text of subsec. (a) generally.
Prior to amendment, text read as follows: "It is in the national
interest to encourage and promote the development of transportation
systems embracing various modes of transportation in a manner which
will efficiently maximize mobility of people and goods within and
through urbanized areas and minimize transportation-related fuel
consumption and air pollution. To accomplish this objective,
metropolitan planning organizations, in cooperation with the State,
shall develop transportation plans and programs for urbanized areas
of the State. Such plans and programs shall provide for the
development of transportation facilities (including pedestrian
walkways and bicycle transportation facilities) which will function
as an intermodal transportation system for the State, the
metropolitan areas, and the Nation. The process for developing such
plans and programs shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the complexity of
the transportation problems."
Subsec. (b)(1), (2). Pub. L. 105-178, Sec. 1203(b)(1), added
pars. (1) and (2) and struck out former pars. (1) and (2) which
read as follows:
"(1) In general. - To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area of more
than 50,000 population by agreement among the Governor and units of
general purpose local government which together represent at least
75 percent of the affected population (including the central city
or cities as defined by the Bureau of the Census) or in accordance
with procedures established by applicable State or local law.
"(2) Membership of certain mpo's. - In a metropolitan area
designated as a transportation management area, the metropolitan
planning organization designated for such area shall include local
elected officials, officials of agencies which administer or
operate major modes of transportation in the metropolitan area
(including all transportation agencies included in the metropolitan
planning organization on June 1, 1991) and appropriate State
officials. This paragraph shall only apply to a metropolitan
planning organization which is redesignated after the date of the
enactment of this section."
Subsec. (b)(4). Pub. L. 105-178, Sec. 1203(b)(2), reenacted
heading without change and amended text of par. (4) generally.
Prior to amendment, text read as follows: "Designations of
metropolitan planning organizations, whether made under this
section or other provisions of law, shall remain in effect until
redesignated under paragraph (5) or revoked by agreement among the
Governor and units of general purpose local government which
together represent at least 75 percent of the affected population
or as otherwise provided under State or local procedures."
Subsec. (b)(5)(A). Pub. L. 105-178, Sec. 1203(b)(3), substituted
"agreement between the Governor" for "agreement among the Governor"
and "government that together represent" for "government which
together represent".
Subsec. (b)(6). Pub. L. 105-178, Sec. 1203(b)(4), amended heading
and text of par. (6) generally. Prior to amendment, text read as
follows: "More than 1 metropolitan planning organization may be
designated within an urbanized area as defined by the Bureau of the
Census only if the Governor determines that the size and complexity
of the urbanized area make designation of more than 1 metropolitan
planning organization for such area appropriate."
Subsec. (c). Pub. L. 105-178, Sec. 1203(c), inserted "Planning"
before "Area" in subsec. heading, designated first sentence as par.
(1), inserted par. heading, and inserted "planning" before "area",
added pars. (2) to (4), realigned margins, and struck out at end
"Each metropolitan area shall cover at least the existing urbanized
area and the contiguous area expected to become urbanized within
the 20-year forecast period and may encompass the entire
metropolitan statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of the Census. For areas
designated as nonattainment areas for ozone or carbon monoxide
under the Clean Air Act, the boundaries of the metropolitan area
shall at least include the boundaries of the nonattainment area,
except as otherwise provided by agreement between the metropolitan
planning organization and the Governor."
Subsec. (d). Pub. L. 105-178, Sec. 1203(d), reenacted heading
without change and amended text of subsec. (d) generally. Prior to
amendment, text read as follows:
"(1) In general. - The Secretary shall establish such
requirements as the Secretary considers appropriate to encourage
Governors and metropolitan planning organizations with
responsibility for a portion of a multi-State metropolitan area to
provide coordinated transportation planning for the entire
metropolitan area.
"(2) Compacts. - The consent of Congress is hereby given to any 2
or more States to enter into agreements or compacts, not in
conflict with any law of the United States, for cooperative efforts
and mutual assistance in support of activities authorized under
this section as such activities pertain to interstate areas and
localities within such States and to establish such agencies, joint
or otherwise, as such States may deem desirable for making such
agreements and compacts effective."
Subsec. (e). Pub. L. 105-178, Sec. 1203(e), substituted "MPOs"
for "MPO's" in subsec. heading, designated existing provisions as
par. (1) and inserted par. heading, added par. (2), and realigned
margins.
Subsec. (f). Pub. L. 105-178, Sec. 1203(f), amended heading and
text of subsec. (f) generally, substituting provisions relating to
scope of planning process for provisions relating to factors to be
considered in developing transportation plans and programs.
Subsec. (g). Pub. L. 105-178, Sec. 1203(g)(6), substituted "Long-
Range Transportation Plan" for "Long Range Plan" in heading.
Subsec. (g)(1). Pub. L. 105-178, Sec. 1203(g)(8), substituted
"long-range transportation plan" for "long range plan".
Subsec. (g)(2). Pub. L. 105-178, Sec. 1203(g)(1), (7), (8),
substituted "Long-range transportation plan" for "Long range plan"
in heading and substituted "long-range transportation plan" for
"long range plan" and "contain, at a minimum, the following" for ",
at a minimum" in introductory provisions.
Subsec. (g)(2)(A). Pub. L. 105-178, Sec. 1203(g)(2), (8),
substituted "An identification of" for "Identify" and "long-range
transportation plan" for "long range plan".
Subsec. (g)(2)(B). Pub. L. 105-178, Sec. 1203(g)(3), added
subpar. (B) and struck out former subpar. (B) which read as
follows: "Include a financial plan that demonstrates how the long-
range plan can be implemented, indicates resources from public and
private sources that are reasonably expected to be made available
to carry out the plan, and recommends any innovative financing
techniques to finance needed projects and programs, including such
techniques as value capture, tolls and congestion pricing."
Subsec. (g)(3). Pub. L. 105-178, Sec. 1203(g)(8), substituted
"long-range transportation plan" for "long range plan".
Subsec. (g)(4). Pub. L. 105-178, Sec. 1203(g)(4), (8),
substituted "long-range transportation plan" for "long range plan"
in two places and inserted "freight shippers, providers of freight
transportation services," after "transportation agency employees,"
and "representatives of users of public transit," after "private
providers of transportation,".
Subsec. (g)(5). Pub. L. 105-178, Sec. 1203(g)(7), (8),
substituted "long-range transportation plan" for "long range plan"
in heading and in introductory provisions.
Subsec. (g)(6). Pub. L. 105-178, Sec. 1203(g)(5), added par. (6).
Subsec. (h). Pub. L. 105-178, Sec. 1203(h), amended heading and
text of subsec. (h) generally. Prior to amendment, text related to
transportation improvement program, providing for development of
program, priority and selection of projects, major capital
investments, requirement of inclusion of projects within area
proposed for funding, and provision of reasonable notice and
opportunity to comment for interested citizens.
Subsec. (h)(5)(A). Pub. L. 105-178, Sec. 1203(o), as added by
Pub. L. 105-206, Sec. 9003(c), struck out "for implementation"
after "federally funded projects" in introductory provisions.
Subsec. (i)(1). Pub. L. 105-178, Sec. 1203(i)(1), reenacted
heading without change and amended text of par. (1) generally.
Prior to amendment, text read as follows: "The Secretary shall
designate as transportation management areas all urbanized areas
over 200,000 population. The Secretary shall designate any
additional area as a transportation management area upon the
request of the Governor and the metropolitan planning organization
designated for such area or the affected local officials. Such
additional areas shall include upon such a request the Lake Tahoe
Basin as defined by Public Law 96-551."
Subsec. (i)(4). Pub. L. 105-178, Sec. 1203(i)(2), reenacted
heading without change and amended text of par. (4) generally.
Prior to amendment, text read as follows: "All projects carried out
within the boundaries of a transportation management area with
Federal participation pursuant to this title (excluding projects
undertaken on the National Highway System and pursuant to the
bridge and Interstate maintenance programs) or pursuant to chapter
53 of title 49 shall be selected by the metropolitan planning
organization designated for such area in consultation with the
State and in conformance with the transportation improvement
program for such area and priorities established therein. Projects
undertaken within the boundaries of a transportation management
area on the National Highway System or pursuant to the bridge and
Interstate maintenance programs shall be selected by the State in
cooperation with the metropolitan planning organization designated
for such area and shall be in conformance with the transportation
improvement program for such area."
Subsec. (i)(5). Pub. L. 105-178, Sec. 1203(i)(3), reenacted
heading without change and amended text of par. (5) generally.
Prior to amendment, text read as follows: "The Secretary shall
assure that each metropolitan planning organization in each
transportation management area is carrying out its responsibilities
under applicable provisions of Federal law, and shall so certify at
least once every 3 years. The Secretary may make such certification
only if (1) a metropolitan planning organization is complying with
the requirements of this section and other applicable requirements
of Federal law, and (2) there is a transportation improvement
program for the area that has been approved by the metropolitan
planning organization and the Governor. If after September 30,
1993, a metropolitan planning organization is not certified by the
Secretary, the Secretary may withhold, in whole or in part, the
apportionment under section 104(b)(3) attributed to the relevant
metropolitan area pursuant to section 133(d)(3) and capital funds
apportioned under the formula program under section 5336 of title
49. If a metropolitan planning organization remains uncertified for
more than 2 consecutive years after September 30, 1994, 20 percent
of the apportionment attributed to that metropolitan area under
section 133(d)(3) and capital funds apportioned under the formula
program under section 5336 of title 49 shall be withheld. The
withheld apportionments shall be restored to the metropolitan area
at such time as the metropolitan planning organization is certified
by the Secretary. The Secretary shall not withhold certification
under this section based upon the policies and criteria established
by a metropolitan planning organization or transit grant recipient
for determining the feasibility of private enterprise participation
in accordance with section 5306(a) of title 49."
Subsec. (j). Pub. L. 105-178, Sec. 1203(j), reenacted heading
without change and amended text of subsec. (j) generally. Prior to
amendment, text read as follows: "For metropolitan areas not
designated as transportation management areas under this section,
the Secretary may provide for the development of abbreviated
metropolitan transportation plans and programs that the Secretary
determines to be appropriate to achieve the purposes of this
section, taking into account the complexity of transportation
problems, including transportation related air quality problems, in
such areas. In no event shall the Secretary provide abbreviated
plans or programs for metropolitan areas which are in nonattainment
for ozone or carbon monoxide under the Clean Air Act."
Subsec. (l). Pub. L. 105-178, Sec. 1203(k), designated existing
provisions as par. (1), inserted heading, and added par. (2).
Subsec. (n). Pub. L. 105-178, Sec. 1203(l), amended heading and
text of subsec. (n) generally. Prior to amendment, text read as
follows: "Any funds set aside pursuant to section 104(f) of this
title that are not used for the purpose of carrying out this
section may be made available by the metropolitan planning
organization to the State for the purpose of funding activities
under section 135."
Subsec. (o). Pub. L. 105-178, Sec. 1203(m), added subsec. (o).
1995 - Subsec. (f)(16). Pub. L. 104-59 added par. (16).
1994 - Subsecs. (h)(5), (i)(3), (4). Pub. L. 103-429, Sec.
3(5)(A), substituted "chapter 53 of title 49" for "the Federal
Transit Act".
Subsec. (i)(5). Pub. L. 103-429, Sec. 3(5)(B), substituted
"section 5336 of title 49" for "section 9 of the Federal Transit
Act" in two places and "section 5306(a) of title 49" for "section
8(o) of the Federal Transit Act".
Subsec. (k). Pub. L. 103-429, Sec. 3(5)(C), (D), substituted
"chapter 53 of title 49" for "the Federal Transit Act" wherever
appearing and "chapter 53 funds" for "Federal Transit Act funds".
Subsecs. (l), (m). Pub. L. 103-429, Sec. 3(5)(C), substituted
"chapter 53 of title 49" for "the Federal Transit Act".
1992 - Subsec. (k). Pub. L. 102-388 inserted at end "The
provisions of title 23, United States Code, regarding the non-
Federal share shall apply to title 23 funds used for transit
projects and the provisions of the Federal Transit Act regarding
non-Federal share shall apply to Federal Transit Act funds used for
highway projects."
1991 - Pub. L. 102-240 substituted section catchline for one
which read: "Transportation planning in certain urban areas" and
amended text generally, substituting present provisions for
provisions relating to transportation planning in certain urban
areas, including provisions stating transportation objectives,
requiring continuing comprehensive planning process by States and
local communities, and relating to redesignation of metropolitan
planning organizations, designation of contiguous interstate areas
as critical transportation regions and corridors, establishment of
planning bodies for such regions and corridors, and authorization
of appropriations.
1978 - Subsec. (a). Pub. L. 95-599, Sec. 169(a), inserted
provisions related to cooperation with local officials and specific
considerations in the planning process.
Subsecs. (b), (c). Pub. L. 95-599, Sec. 169(b), added subsec. (b)
and redesignated former subsec. (b) as (c).
1970 - Pub. L. 91-605 designated existing provisions as subsec.
(a), inserted provision prohibiting a highway construction project
in any urban area of 50,000 or more population unless responsible
public officials of such area have been consulted and their views
considered with respect to the corridor, the location, and the
design of the project, and added subsec. (b).
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
SCHEDULE FOR IMPLEMENTATION
Pub. L. 109-59, title VI, Sec. 6001(b), Aug. 10, 2005, 119 Stat.
1857, provided that: "The Secretary [of Transportation] shall issue
guidance on a schedule for implementation of the changes made by
this section [amending this section and section 135 of this title],
taking into consideration the established planning update cycle for
States and metropolitan planning organizations. The Secretary shall
not require a State or metropolitan planning organization to
deviate from its established planning update cycle to implement
changes made by this section. Beginning July 1, 2007, State or
metropolitan planning organization plan or program updates shall
reflect changes made by this section."
DEMONSTRATION PROJECT FOR RESTRICTED ACCESS TO CENTRAL BUSINESS
DISTRICT OF METROPOLITAN AREAS
Section 155 of Pub. L. 95-599 authorized Secretary of
Transportation to carry out a demonstration project in a
metropolitan area respecting the restriction of access of motor
vehicles to the central business district during peak hours of
traffic, authorized the necessary appropriations, and required
progress reports and a final report and recommendations not later
than three years after Nov. 6, 1978.
REDUCTION OF URBAN BLIGHT ADJACENT TO FEDERAL-AID PRIMARY AND
INTERSTATE HIGHWAYS LOCATED IN CENTRAL BUSINESS DISTRICTS
Section 159 of Pub. L. 95-599 directed Secretary to conduct a
study and submit a report to Congress not later than two years
after Nov. 6, 1978, respecting the potential for reducing urban
blight adjacent to Federal-aid primary and interstate highways
located in central business districts.
URBAN SYSTEM STUDY
Pub. L. 94-280, title I, Sec. 149, May 5, 1976, 90 Stat. 447,
directed Secretary of Transportation to conduct a study of the
factors involved in planning, selection, etc., of Federal-aid urban
system routes including an analysis of organizations carrying out
the planning process, the status of jurisdiction over roads,
programing responsibilities under local and State laws, and
authority of local units, such study to be submitted to Congress
within six months of May 5, 1976.
FRINGE PARKING DEMONSTRATION PROJECTS
Pub. L. 90-495, Sec. 11, Aug. 23, 1968, 82 Stat. 820, authorized
Secretary to approve construction of publicly owned parking
facilities under this title until June 30, 1971, as a demonstration
project, authorized the Federal share of any project under this
section to be 50%, prevented approval of projects by the Secretary
unless the State or political subdivision thereof where the project
is located can construct, maintain, and operate the facility,
unless the Secretary has entered into an agreement with the State
or political subdivision governing the financing, maintenance, and
operation of the facility, and unless the Secretary has approved
design standards for construction of the facility, defined "parking
facilities", permitted a State or political subdivision to contract
for the operation of such facility, prohibited approval of the
project by the Secretary unless it is carried on in accordance with
section 134 of this title (this section), and required annual
reports to Congress on the demonstration projects approved under
this section, prior to repeal by Pub. L. 91-605, title I, Sec.
134(c), Dec. 31, 1970, 84 Stat. 1734. See section 137 of this
title.
-End-
-CITE-
23 USC Sec. 135 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 135. Statewide transportation planning
-STATUTE-
(a) General Requirements. -
(1) Development of plans and programs. - To accomplish the
objectives stated in section 134(a), each State shall develop a
statewide transportation plan and a statewide transportation
improvement program for all areas of the State, subject to
section 134.
(2) Contents. - The statewide transportation plan and the
transportation improvement program developed for each State shall
provide for the development and integrated management and
operation of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the State and an integral part of an intermodal
transportation system for the United States.
(3) Process of development. - The process for developing the
statewide plan and the transportation improvement program shall
provide for consideration of all modes of transportation and the
policies stated in section 134(a), and shall be continuing,
cooperative, and comprehensive to the degree appropriate, based
on the complexity of the transportation problems to be addressed.
(b) Coordination With Metropolitan Planning; State Implementation
Plan. - A State shall -
(1) coordinate planning carried out under this section with the
transportation planning activities carried out under section 134
for metropolitan areas of the State and with statewide trade and
economic development planning activities and related multistate
planning efforts; and
(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42 U.S.C.
7401 et seq.).
(c) Interstate Agreements. -
(1) In general. - The consent of Congress is granted to two or
more States entering into agreements or compacts, not in conflict
with any law of the United States, for cooperative efforts and
mutual assistance in support of activities authorized under this
section related to interstate areas and localities in the States
and establishing authorities the States consider desirable for
making the agreements and compacts effective.
(2) Reservation of rights. - The right to alter, amend, or
repeal interstate compacts entered into under this subsection is
expressly reserved.
(d) Scope of Planning Process. -
(1) In general. - Each State shall carry out a statewide
transportation planning process that provides for consideration
and implementation of projects, strategies, and services that
will -
(A) support the economic vitality of the United States, the
States, nonmetropolitan areas, and metropolitan areas,
especially by enabling global competitiveness, productivity,
and efficiency;
(B) increase the safety of the transportation system for
motorized and nonmotorized users;
(C) increase the security of the transportation system for
motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and
freight;
(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the
transportation system, across and between modes throughout the
State, for people and freight;
(G) promote efficient system management and operation; and
(H) emphasize the preservation of the existing transportation
system.
(2) Failure to consider factors. - The failure to consider any
factor specified in paragraph (1) shall not be reviewable by any
court under this title or chapter 53 of title 49, subchapter II
of chapter 5 of title 5, or chapter 7 of title 5 in any matter
affecting a statewide transportation plan, the transportation
improvement program, a project or strategy, or the certification
of a planning process.
(e) Additional Requirements. - In carrying out planning under
this section, each State shall consider, at a minimum -
(1) with respect to nonmetropolitan areas, the concerns of
affected local officials with responsibility for transportation;
(2) the concerns of Indian tribal governments and Federal land
management agencies that have jurisdiction over land within the
boundaries of the State; and
(3) coordination of transportation plans, the transportation
improvement program, and planning activities with related
planning activities being carried out outside of metropolitan
planning areas and between States.
(f) Long-Range Statewide Transportation Plan. -
(1) Development. - Each State shall develop a long-range
statewide transportation plan, with a minimum 20-year forecast
period for all areas of the State, that provides for the
development and implementation of the intermodal transportation
system of the State.
(2) Consultation with governments. -
(A) Metropolitan areas. - The statewide transportation plan
shall be developed for each metropolitan area in the State in
cooperation with the metropolitan planning organization
designated for the metropolitan area under section 134.
(B) Nonmetropolitan areas. - With respect to nonmetropolitan
areas, the statewide transportation plan shall be developed in
consultation with affected nonmetropolitan officials with
responsibility for transportation. The Secretary shall not
review or approve the consultation process in each State.
(C) Indian tribal areas. - With respect to each area of the
State under the jurisdiction of an Indian tribal government,
the statewide transportation plan shall be developed in
consultation with the tribal government and the Secretary of
the Interior.
(D) Consultation, comparison, and consideration. -
(i) In general. - The long-range transportation plan shall
be developed, as appropriate, in consultation with State,
tribal, and local agencies responsible for land use
management, natural resources, environmental protection,
conservation, and historic preservation.
(ii) Comparison and consideration. - Consultation under
clause (i) shall involve comparison of transportation plans
to State and tribal conservation plans or maps, if available,
and comparison of transportation plans to inventories of
natural or historic resources, if available.
(3) Participation by interested parties. -
(A) In general. - In developing the statewide transportation
plan, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation,
representatives of users of public transportation,
representatives of users of pedestrian walkways and bicycle
transportation facilities, representatives of the disabled,
providers of freight transportation services, and other
interested parties with a reasonable opportunity to comment on
the proposed plan.
(B) Methods. - In carrying out subparagraph (A), the State
shall, to the maximum extent practicable -
(i) hold any public meetings at convenient and accessible
locations and times;
(ii) employ visualization techniques to describe plans; and
(iii) make public information available in electronically
accessible format and means, such as the World Wide Web, as
appropriate to afford reasonable opportunity for
consideration of public information under subparagraph (A).
(4) Mitigation activities. -
(A) In general. - A long-range transportation plan shall
include a discussion of potential environmental mitigation
activities and potential areas to carry out these activities,
including activities that may have the greatest potential to
restore and maintain the environmental functions affected by
the plan.
(B) Consultation. - The discussion shall be developed in
consultation with Federal, State, and tribal wildlife, land
management, and regulatory agencies.
(5) Financial plan. - The statewide transportation plan may
include a financial plan that demonstrates how the adopted
statewide transportation plan can be implemented, indicates
resources from public and private sources that are reasonably
expected to be made available to carry out the plan, and
recommends any additional financing strategies for needed
projects and programs. The financial plan may include, for
illustrative purposes, additional projects that would be included
in the adopted statewide transportation plan if reasonable
additional resources beyond those identified in the financial
plan were available.
(6) Selection of projects from illustrative list. - A State
shall not be required to select any project from the illustrative
list of additional projects included in the financial plan
described in paragraph (5).
(7) Existing system. - The statewide transportation plan should
include capital, operations and management strategies,
investments, procedures, and other measures to ensure the
preservation and most efficient use of the existing
transportation system.
(8) Publication of long-range transportation plans. - Each long-
range transportation plan prepared by a State shall be published
or otherwise made available, including (to the maximum extent
practicable) in electronically accessible formats and means, such
as the World Wide Web.
(g) Statewide Transportation Improvement Program. -
(1) Development. - Each State shall develop a statewide
transportation improvement program for all areas of the State.
Such program shall cover a period of 4 years and be updated every
4 years or more frequently if the Governor elects to update more
frequently.
(2) Consultation with governments. -
(A) Metropolitan areas. - With respect to each metropolitan
area in the State, the program shall be developed in
cooperation with the metropolitan planning organization
designated for the metropolitan area under section 134.
(B) Nonmetropolitan areas. - With respect to each
nonmetropolitan area in the State, the program shall be
developed in consultation with affected nonmetropolitan local
officials with responsibility for transportation. The Secretary
shall not review or approve the specific consultation process
in the State.
(C) Indian tribal areas. - With respect to each area of the
State under the jurisdiction of an Indian tribal government,
the program shall be developed in consultation with the tribal
government and the Secretary of the Interior.
(3) Participation by interested parties. - In developing the
program, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation, providers
of freight transportation services, representatives of users of
public transportation, representatives of users of pedestrian
walkways and bicycle transportation facilities, representatives
of the disabled, and other interested parties with a reasonable
opportunity to comment on the proposed program.
(4) Included projects. -
(A) In general. - A transportation improvement program
developed under this subsection for a State shall include
federally supported surface transportation expenditures within
the boundaries of the State.
(B) Listing of projects. - An annual listing of projects for
which funds have been obligated in the preceding year in each
metropolitan planning area shall be published or otherwise made
available by the cooperative effort of the State, transit
operator, and the metropolitan planning organization for public
review. The listing shall be consistent with the funding
categories identified in each metropolitan transportation
improvement program.
(C) Projects under chapter 2. -
(i) Regionally significant projects. - Regionally
significant projects proposed for funding under chapter 2
shall be identified individually in the transportation
improvement program.
(ii) Other projects. - Projects proposed for funding under
chapter 2 that are not determined to be regionally
significant shall be grouped in one line item or identified
individually in the transportation improvement program.
(D) Consistency with statewide transportation plan. - Each
project shall be -
(i) consistent with the statewide transportation plan
developed under this section for the State;
(ii) identical to the project or phase of the project as
described in an approved metropolitan transportation plan;
and
(iii) in conformance with the applicable State air quality
implementation plan developed under the Clean Air Act, if the
project is carried out in an area designated as nonattainment
for ozone, particulate matter, or carbon monoxide under such
Act.
(E) Requirement of anticipated full funding. - The
transportation improvement program shall include a project, or
an identified phase of a project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
(F) Financial plan. - The transportation improvement program
may include a financial plan that demonstrates how the approved
transportation improvement program can be implemented,
indicates resources from public and private sources that are
reasonably expected to be made available to carry out the
transportation improvement program, and recommends any
additional financing strategies for needed projects and
programs. The financial plan may include, for illustrative
purposes, additional projects that would be included in the
adopted transportation plan if reasonable additional resources
beyond those identified in the financial plan were available.
(G) Selection of projects from illustrative list. -
(i) No required selection. - Notwithstanding subparagraph
(F), a State shall not be required to select any project from
the illustrative list of additional projects included in the
financial plan under subparagraph (F).
(ii) Required action by the secretary. - Action by the
Secretary shall be required for a State to select any project
from the illustrative list of additional projects included in
the financial plan under subparagraph (F) for inclusion in an
approved transportation improvement program.
(H) Priorities. - The transportation improvement program
shall reflect the priorities for programming and expenditures
of funds, including transportation enhancement activities,
required by this title and chapter 53 of title 49.
(5) Project selection for areas of less than 50,000 population.
- Projects carried out in areas with populations of less than
50,000 individuals shall be selected, from the approved
transportation improvement program (excluding projects carried
out on the National Highway System and projects carried out under
the bridge program or the Interstate maintenance program under
this title or under sections 5310, 5311, 5316, and 5317 of title
49), by the State in cooperation with the affected
nonmetropolitan local officials with responsibility for
transportation. Projects carried out in areas with populations of
less than 50,000 individuals on the National Highway System or
under the bridge program or the Interstate maintenance program
under this title or under sections 5310, 5311, 5316, and 5317 of
title 49 shall be selected, from the approved statewide
transportation improvement program, by the State in consultation
with the affected nonmetropolitan local officials with
responsibility for transportation.
(6) Transportation improvement program approval. - Every 4
years, a transportation improvement program developed under this
subsection shall be reviewed and approved by the Secretary if
based on a current planning finding.
(7) Planning finding. - A finding shall be made by the
Secretary at least every 4 years that the transportation planning
process through which statewide transportation plans and programs
are developed is consistent with this section and section 134.
(8) Modifications to project priority. - Notwithstanding any
other provision of law, action by the Secretary shall not be
required to advance a project included in the approved
transportation improvement program in place of another project in
the program.
(h) Funding. - Funds set aside pursuant to section 104(f) of this
title and section 5305(g) of title 49, shall be available to carry
out this section.
(i) Treatment of Certain State Laws as Congestion Management
Processes. - For purposes of this section and section 134, and
sections 5303 and 5304 of title 49, State laws, rules, or
regulations pertaining to congestion management systems or programs
may constitute the congestion management process under this section
and section 134, and sections 5303 and 5304 of title 49, if the
Secretary finds that the State laws, rules, or regulations are
consistent with, and fulfill the intent of, the purposes of this
section and section 134 and sections 5303 and 5304 of title 49, as
appropriate.
(j) Continuation of Current Review Practice. - Since the
statewide transportation plan and the transportation improvement
program described in this section are subject to a reasonable
opportunity for public comment, since individual projects included
in the statewide transportation plans and the transportation
improvement program are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
since decisions by the Secretary concerning statewide
transportation plans or the transportation improvement program
described in this section have not been reviewed under such Act as
of January 1, 1997, any decision by the Secretary concerning a
metropolitan or statewide transportation plan or the transportation
improvement program described in this section shall not be
considered to be a Federal action subject to review under such Act.
-SOURCE-
(Added Pub. L. 90-495, Sec. 10(a), Aug. 23, 1968, 82 Stat. 820;
amended Pub. L. 91-605, title I, Secs. 106(g), 125, Dec. 31, 1970,
84 Stat. 1718, 1729; Pub. L. 93-87, title I, Sec. 119, Aug. 13,
1973, 87 Stat. 259; Pub. L. 94-280, title I, Sec. 123(a), May 5,
1976, 90 Stat. 439; Pub. L. 102-240, title I, Sec. 1025(a), Dec.
18, 1991, 105 Stat. 1962; Pub. L. 103-429, Sec. 3(6), Oct. 31,
1994, 108 Stat. 4378; Pub. L. 105-178, title I, Sec. 1204(a)-(h),
June 9, 1998, 112 Stat. 180-184; Pub. L. 109-59, title VI, Sec.
6001(a), Aug. 10, 2005, 119 Stat. 1851.)
-REFTEXT-
REFERENCES IN TEXT
The Clean Air Act, referred to in subsecs. (b)(2) and
(g)(4)(D)(iii), is act July 14, 1955, ch. 360, 69 Stat. 322, as
amended, which is classified generally to chapter 85 (Sec. 7401 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 7401 of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. (j), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.
-MISC1-
PRIOR PROVISIONS
A prior section 135, Pub. L. 89-139, Sec. 4(a), Aug. 28, 1965, 79
Stat. 578, called for a highway safety program in each State
approved by the Secretary, prior to repeal by Pub. L. 89-564, title
I, Sec. 102(a), Sept. 9, 1966, 80 Stat. 734. See section 402 of
this title.
AMENDMENTS
2005 - Pub. L. 109-59 amended section catchline and text
generally, substituting provisions relating to statewide
transportation planning for provisions relating to, in subsec. (a),
development of plans and programs by each State, in subsec. (b),
coordination of State with Federal planning, in subsec. (c), scope
of planning process, in subsec. (d), additional minimum
requirements for each State to consider, in subsec. (e),
development of a long-range transportation plan, in subsec. (f),
development of a State transportation improvement program, in
subsec. (g), funding, in subsec. (h), treatment of certain State
laws as congestion management systems, and, in subsec. (i), review
of plans and programs under the National Environmental Policy Act
of 1969.
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1204(a), reenacted
heading without change and amended text of subsec. (a) generally.
Prior to amendment, text read as follows: "It is in the national
interest to encourage and promote the development of transportation
systems embracing various modes of transportation in a manner that
will serve all areas of the State efficiently and effectively.
Subject to section 134 of this title, the State shall develop
transportation plans and programs for all areas of the State. Such
plans and programs shall provide for development of transportation
facilities (including pedestrian walkways and bicycle
transportation facilities) which will function as an intermodal
State transportation system. The process for developing such plans
and programs shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the complexity of
the transportation problems."
Subsec. (b). Pub. L. 105-178, Sec. 1204(b), inserted "and
sections 5303 through 5305 of title 49" after "section 134 of this
title".
Subsec. (c). Pub. L. 105-178, Sec. 1204(c), amended heading and
text of subsec. (c) generally, substituting provisions relating to
scope of planning process for provisions relating to considerations
to be involved in State's continuous transportation planning
process.
Subsec. (d). Pub. L. 105-178, Sec. 1204(d), reenacted heading
without change and amended text of subsec. (d) generally. Prior to
amendment, text read as follows: "Each State in carrying out
planning under this section shall, at a minimum, consider the
following:
"(1) The coordination of transportation plans and programs
developed for metropolitan areas of the State under section 134
with the State transportation plans and programs developed under
this section and the reconciliation of such plans and programs as
necessary to ensure connectivity within transportation systems.
"(2) Investment strategies to improve adjoining State and local
roads that support rural economic growth and tourism development,
Federal agency renewable resources management, and multipurpose
land management practices, including recreation development.
"(3) The concerns of Indian tribal governments having
jurisdiction over lands within the boundaries of the State."
Subsec. (e). Pub. L. 105-178, Sec. 1204(e), amended heading and
text of subsec. (e) generally. Prior to amendment, text read as
follows: "The State shall develop a long-range transportation plan
for all areas of the State. With respect to metropolitan areas of
the State, the plan shall be developed in cooperation with
metropolitan planning organizations designated for metropolitan
areas in the State under section 134. With respect to areas of the
State under the jurisdiction of an Indian tribal government, the
plan shall be developed in cooperation with such government and the
Secretary of the Interior. In developing the plan, the State shall
provide citizens, affected public agencies, representatives of
transportation agency employees, other affected employee
representatives, private providers of transportation, and other
interested parties with a reasonable opportunity to comment on the
proposed plan. In addition, the State shall develop a long-range
plan for bicycle transportation and pedestrian walkways for
appropriate areas of the State which shall be incorporated into the
long-range transportation plan."
Subsec. (f). Pub. L. 105-178, Sec. 1204(f), amended heading and
text of subsec. (f) generally. Prior to amendment, text related to
transportation improvement programs, including program development,
requirement for inclusion of certain projects for State
transportation improvement program, project selection for areas
less than 50,000 population, and requirement of biennial review and
approval.
Subsec. (g). Pub. L. 105-178, Sec. 1204(g), which directed
substitution of "section 505(a)" for "section 307(c)(1)" in section
134(g), was executed by making the substitution in subsec. (g) of
this section to reflect the probable intent of Congress.
Subsec. (i). Pub. L. 105-178, Sec. 1204(h), added subsec. (i).
1994 - Subsec. (f)(2). Pub. L. 103-429, Sec. 3(6)(A), substituted
"chapter 53 of title 49" for "the Federal Transit Act".
Subsec. (h). Pub. L. 103-429, Sec. 3(6)(B), substituted "sections
5303-5306 and 5323(k) of title 49" for "section 8 of the Federal
Transit Act, United States Code" and "section 8 of such Act".
1991 - Pub. L. 102-240 substituted section catchline for one
which read: "Traffic operations improvement programs", and amended
text generally. Prior to amendment, text read as follows:
"(a) The Congress hereby finds and declares it to be in the
national interest that each State shall have a continuing program
designed to reduce traffic congestion and facilitate the flow of
traffic.
"(b) The Secretary may approve under this section any project for
improvements on any public road which project will directly
facilitate and control traffic flow on any of the Federal-aid
systems."
1976 - Pub. L. 94-280 struck out introductory words "Urban area"
in section catchline.
Subsec. (a). Pub. L. 94-280 struck out "within the designated
boundaries of urban areas of the State" and "in the urban areas"
after "continuing program" and "flow of traffic", respectively.
Subsec. (b). Pub. L. 94-280 substituted "any project for
improvements on any public road which project will directly
facilitate and control traffic flow on any of the Federal-aid
systems" for "any project on an extension of the Federal-aid
primary or secondary system in urban areas and on the Federal-aid
urban system for improvements which directly facilitate and control
traffic flow, such as grade separation of intersections, widening
of lanes, channelization of traffic, traffic control systems, and
loading and unloading ramps. If such project is located in an urban
area of more than fifty thousand population, such project shall be
based on a continuing comprehensive transportation planning process
carried on in accordance with section 134 of this title".
Subsec. (c). Pub. L. 94-280 struck out subsec. (c) which provided
for an annual report by the Secretary on projects approved under
this section with recommendations for further improvement of
traffic operations in accordance with this section.
1973 - Subsecs. (c), (d). Pub. L. 93-87 struck out subsec. (c)
which provided for apportionment of sums authorized to carry out
this section in accordance with section 104(b)(3) of this title,
and redesignated subsec. (d) as (c).
1970 - Subsec. (b). Pub. L. 91-605 inserted reference to the
Federal-aid urban system and required that projects under this
section be based on a continuing comprehensive transportation
planning process carried on in accordance with section 134 of this
title only in urban areas of more than fifty thousand population.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
EFFECTIVE DATE
Section effective Aug. 23, 1968, see section 37 of Pub. L. 90-
495, set out as an Effective Date of 1968 Amendment note under
section 101 of this title.
PARTICIPATION OF LOCAL ELECTED OFFICIALS
Pub. L. 105-178, title I, Sec. 1204(i), June 9, 1998, 112 Stat.
184, provided that:
"(1) Study. - The Secretary shall conduct a study on the
effectiveness of the participation of local elected officials in
transportation planning and programming. In conducting the study,
the Secretary shall consider the degree of cooperation between each
State, local officials in rural areas in the State, and regional
planning and development organizations in the State.
"(2) Report. - Not later than 2 years after the date of enactment
of this Act [June 9, 1998], the Secretary shall transmit to
Congress a report containing the results of the study with any
recommendations the Secretary determines appropriate as a result of
the study."
ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM
Pub. L. 109-59, title V, Sec. 5512, Aug. 10, 2005, 119 Stat.
1828, as amended by Pub. L. 110-244, title I, Sec. 111(g)(2), June
6, 2008, 122 Stat. 1605, provided that:
"(a) Continuation and Acceleration of TRANSIMS Deployment. -
"(1) In general. - The Secretary [of Transportation] shall
accelerate the deployment of the advanced transportation model
known as the 'Transportation Analysis Simulation System' (in this
section referred to as 'TRANSIMS'), developed by the Los Alamos
National Laboratory.
"(2) Program application. - The purpose of the program is to
assist State departments of transportation and metropolitan
planning organizations -
"(A) to implement TRANSIMS;
"(B) to develop methods for TRANSIMS applications to
transportation planning, air quality analysis, regulatory
compliance, and response to natural disasters and other
transportation disruptions; and
"(C) to provide training and technical assistance for the
implementation of TRANSIMS.
"(b) Required Activities. - The Secretary [of Transportation]
shall use funds made available to carry out this section to -
"(1) provide funding to State departments of transportation and
metropolitan planning organizations serving transportation
management areas designated under chapter 52 [53] of title 49,
United States Code, representing a diversity of populations,
geographic regions, and analytic needs to implement TRANSIMS;
"(2) develop methods to demonstrate a wide spectrum of TRANSIMS
applications to support local, metropolitan, statewide
transportation planning, including integrating highway and
transit operational considerations into the transportation
Planning process, and estimating the effects of induced travel
demand and transit ridership in making transportation conformity
determinations where applicable;
"(3) provide training and technical assistance with respect to
the implementation and application of TRANSIMS to States, local
governments, and metropolitan planning organizations with
responsibility for travel modeling;
"(4) to further develop TRANSIMS for additional applications,
including -
"(A) congestion analyses;
"(B) major investment studies;
"(C) economic impact analyses;
"(D) alternative analyses;
"(E) freight movement studies;
"(F) emergency evacuation studies;
"(G) port studies;
"(H) airport access studies;
"(I) induced demand studies; and
"(J) transit ridership analysis.
"(c) Eligible Activities. - The program may support the
development of methods to plan for the transportation response to
chemical and biological terrorism and other security concerns.
"(d) Allocation of Funds. - Not more than 75 percent of the funds
made available to carry out this section may be allocated to
activities described in subsection (b)(1).
"(e) Funding. - Of the amounts made available by section
5101(a)(1) of this Act [119 Stat. 1779], $2,625,000 for each of
fiscal years 2006 through 2009 shall be available to carry out this
section."
Pub. L. 105-178, title I, Sec. 1210, June 9, 1998, 112 Stat. 187,
provided that:
"(a) Establishment. - The Secretary shall establish an advanced
travel forecasting procedures program -
"(1) to provide for completion of the advanced transportation
model developed under the Transportation Analysis Simulation
System (referred to in this section as 'TRANSIMS'); and
"(2) to provide support for early deployment of the advanced
transportation modeling computer software and graphics package
developed under TRANSIMS and the program established under this
section to States, local governments, and metropolitan planning
organizations with responsibility for travel modeling.
"(b) Eligible Activities. - The Secretary shall use funds made
available under this section to -
"(1) provide funding for completion of core development of the
advanced transportation model;
"(2) develop user-friendly advanced transportation modeling
computer software and graphics packages;
"(3) provide training and technical assistance with respect to
the implementation and application of the advanced transportation
model to States, local governments, and metropolitan planning
organizations with responsibility for travel modeling; and
"(4) allocate funds to not more than 12 entities described in
paragraph (3), representing a diversity of populations and
geographic regions, for a pilot program to enable transportation
management areas designated under section 134(i) of title 23,
United States Code, to convert from the use of travel forecasting
procedures in use by the areas as of the date of enactment of
this Act [June 9, 1998] to the use of the advanced transportation
model.
"(c) Funding. -
"(1) In general. - There are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $4,000,000 for fiscal year 1998,
$3,000,000 for fiscal year 1999, $6,500,000 for fiscal year 2000,
$5,000,000 for fiscal year 2001, $4,000,000 for fiscal year 2002,
and $2,500,000 for fiscal year 2003.
"(2) Allocation of funds. -
"(A) Fiscal years 1998 and 1999. - For each of fiscal years
1998 and 1999, 100 percent of the funds made available under
paragraph (1) shall be allocated to activities as described in
paragraphs (1), (2), and (3) of subsection (b).
"(B) Fiscal years 2000 through 2003. - For each of fiscal
years 2000 through 2003, not more than 50 percent of the funds
made available under paragraph (1) may be allocated to
activities described in subsection (b)(4).
"(3) Contract authority. - Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost of -
"(A) any activity described in paragraph (1), (2), or (3) of
subsection (b) shall not exceed 100 percent; and
"(B) any activity described in subsection (b)(4) shall not
exceed 80 percent."
DEMONSTRATION PROJECT FOR AUTOMATED ROADWAY MANAGEMENT SYSTEM
Pub. L. 95-599, title I, Sec. 154, Nov. 6, 1978, 92 Stat. 2716,
provided that:
"(a) The Secretary of Transportation is authorized to carry out a
demonstration project of the use of a sophisticated automated
roadway management system to increase the capacity and safety of
automobile travel in high density travel corridors without
providing additional lanes of pavement. The management system shall
coordinate the traffic flow in major freeways and arterials
servicing the travel corridor by use of an integrated system of
vehicle sensors to monitor traffic, computers to assess traffic
conditions throughout the corridor, and devices to communicate with
drivers, police, and emergency equipment.
"(b) There is authorized to be appropriated to carry out this
section, out of the Highway Trust Fund, not to exceed $1,500,000
for the fiscal year ending September 30, 1979, not to exceed
$2,500,000 for the fiscal year ending September 30, 1980, and not
to exceed $26,000,000 for the fiscal year ending September 30,
1981.
"(c) The Federal share payable on account of any project
authorized under this section shall not exceed 90 per centum of the
total cost thereof.
"(d) Funds authorized by this section shall be available for
obligation in the same manner and to the same extent as if such
funds were apportioned under chapter 1 of title 23, United States
Code, except that the Federal share of the cost of any project
under this section shall not exceed 90 per centum."
TRAFFIC CONTROL SIGNALIZATION DEMONSTRATION PROJECTS; REPORTS TO
SECRETARY OF TRANSPORTATION; REPORT TO CONGRESS
Section 146 of Pub. L. 94-280 provided that:
"(a) The Secretary of Transportation is authorized to carry out
traffic control signalization demonstration projects designed to
demonstrate through the use of technology not now in general use
the increased capacity of existing highways, the conservation of
fuel, the decrease in traffic congestion, the improvement in air
and noise quality, and the furtherance of highway safety, giving
priority to those projects providing coordinated signalization of
two or more intersections. Such projects can be carried out on any
highway whether on or off a Federal-aid system.
"(b) There is authorized to be appropriated to carry out this
section of the Highway Trust Fund, not to exceed $40,000,000 for
the fiscal year ending September 30, 1977, and $40,000,000 for the
fiscal year ending September 30, 1978.
"(c) Each participating State shall report to the Secretary of
Transportation not later than September 30, 1977, and not later
than September 30 of each year thereafter, on the progress being
made in implementing this section and the effectiveness of the
improvements made under it. Each report shall include an analysis
and evaluation of the benefits resulting from such projects
comparing an adequate time period before and after treatment in
order to properly assess the benefits occurring from such traffic
control signalization. The Secretary of Transportation shall submit
a report to the Congress not later than January 1, 1978, on the
progress being made in implementing this section and an evaluation
of the benefits resulting therefrom."
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 89-285, title III, Sec. 304, Oct. 22, 1965, 79 Stat.
1033, as amended by Pub. L. 97-449, Sec. 2(a), Jan. 12, 1983, 96
Stat. 2439, provided that: "There is authorized to be appropriated
the sum of $500,000 to enable the Secretary to carry out his
functions under section 135 of title 23 of the United States Code
relating to highway safety programs."
-End-
-CITE-
23 USC Sec. 136 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 136. Control of junkyards
-STATUTE-
(a) The Congress hereby finds and declares that the establishment
and use and maintenance of junkyards in areas adjacent to the
Interstate System and the primary system should be controlled in
order to protect the public investment in such highways, to promote
the safety and recreational value of public travel, and to preserve
natural beauty.
(b) Federal-aid highway funds apportioned on or after January 1,
1968, to any State which the Secretary determines has not made
provision for effective control of the establishment and
maintenance along the Interstate System and the primary system of
outdoor junkyards, which are within one thousand feet of the
nearest edge of the right-of-way and visible from the main traveled
way of the system, shall be reduced by amounts equal to 10 per
centum of the amounts which would otherwise be apportioned to such
State under section 104 of this title, until such time as such
State shall provide for such effective control. Any amount which is
withheld from apportionment to any State hereunder shall be
reapportioned to the other States. Whenever he determines it to be
in the public interest, the Secretary may suspend, for such periods
as he deems necessary, the application of this subsection to a
State.
(c) Effective control means that by January 1, 1968, such
junkyards shall be screened by natural objects, plantings, fences,
or other appropriate means so as not to be visible from the main
traveled way of the system, or shall be removed from sight.
(d) The term "junk" shall mean old or scrap copper, brass, rope,
rags, batteries, paper, trash, rubber debris, waste, or junked,
dismantled, or wrecked automobiles, or parts thereof, iron, steel,
and other old or scrap ferrous or nonferrous material.
(e) The term "automobile graveyard" shall mean any establishment
or place of business which is maintained, used, or operated for
storing, keeping, buying, or selling wrecked, scrapped, ruined, or
dismantled motor vehicles or motor vehicle parts.
(f) The term "junkyard" shall mean an establishment or place of
business which is maintained, operated, or used for storing,
keeping, buying, or selling junk, or for the maintenance or
operation of an automobile graveyard, and the term shall include
garbage dumps and sanitary fills.
(g) Notwithstanding any provision of this section, junkyards,
auto graveyards, and scrap metal processing facilities may be
operated within areas adjacent to the Interstate System and the
primary system which are within one thousand feet of the nearest
edge of the right-of-way and which are zoned industrial under
authority of State law, or which are not zoned under authority of
State law, but are used for industrial activities, as determined by
the several States subject to approval by the Secretary.
(h) Notwithstanding any provision of this section, any junkyard
in existence on the date of enactment of this section which does
not conform to the requirements of this section and which the
Secretary finds as a practical matter cannot be screened, shall not
be required to be removed until July 1, 1970.
(i) The Federal share of landscaping and screening costs under
this section shall be 75 per centum.
(j) Just compensation shall be paid the owner for the relocation,
removal, or disposal of junkyards lawfully established under State
law. The Federal share of such compensation shall be 75 per centum.
(k) All public lands or reservations of the United States which
are adjacent to any portion of the interstate and primary systems
shall be effectively controlled in accordance with the provisions
of this section.
(l) Nothing in this section shall prohibit a State from
establishing standards imposing stricter limitations with respect
to outdoor junkyards on the Federal-aid highway systems than those
established under this section.
(m) There is authorized to be appropriated to carry out this
section, out of any money in the Treasury not otherwise
appropriated, not to exceed $20,000,000 for the fiscal year ending
June 30, 1966, not to exceed $20,000,000 for the fiscal year ending
June 30, 1967, not to exceed $3,000,000 for the fiscal year ending
June 30, 1970, not to exceed $3,000,000 for the fiscal year ending
June 30, 1971, not to exceed $3,000,000 for the fiscal year ending
June 30, 1972, and not to exceed $5,000,000 for the fiscal year
ending June 30, 1973. The provisions of this chapter relating to
the obligation, period of availability, and expenditure of Federal-
aid primary highway funds shall apply to the funds authorized to
be appropriated to carry out this section after June 30, 1967.
-SOURCE-
(Added Pub. L. 89-285, title II, Sec. 201, Oct. 22, 1965, 79 Stat.
1030; amended Pub. L. 89-574, Sec. 8(a), Sept. 13, 1966, 80 Stat.
768; Pub. L. 90-495, Sec. 6(e), Aug. 23, 1968, 82 Stat. 818; Pub.
L. 91-605, title I, Sec. 122(b), Dec. 31, 1970, 84 Stat. 1726; Pub.
L. 93-643, Sec. 110, Jan. 4, 1975, 88 Stat. 2285.)
-MISC1-
AMENDMENTS
1975 - Subsec. (j). Pub. L. 93-643 substituted provision that
compensation shall be paid the owner for the relocation, removal,
or disposal of junkyards lawfully established under State law, for
provision relating to payment of just compensation for relocation,
removal, or disposal of junkyards (1) lawfully in existence on Oct.
22, 1965, (2) lawfully along any highway made a part of the
interstate or primary system on or after Oct. 22, 1965, and before
Jan. 1, 1968, and (3) lawfully established on or after Jan. 1,
1968.
1970 - Subsec. (m). Pub. L. 91-605 authorized to be appropriated
not to exceed $3,000,000, $3,000,000, and $5,000,000, for the
fiscal years ending June 30, 1971, 1972, and 1973, respectively.
1968 - Subsec. (m). Pub. L. 90-495 inserted provision authorizing
an appropriation of not to exceed $3,000,000 for the fiscal year
ending June 30, 1970.
1966 - Subsec. (m). Pub. L. 89-574 substituted provisions making
applicable to the funds authorized to be appropriated to carry out
this section after June 30, 1967, the provisions of chapter 1 of
this title relating to the obligation, period of availability, and
expenditure of Federal-aid primary highway funds for provisions
prohibiting the use of any part of the Highway Trust Fund in
carrying out this section.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-495 effective August 23, 1968, see
section 37 of Pub. L. 90-495, set out as a note under section 502
of this title.
ACQUISITION OF DWELLINGS
Prohibition against the use of eminent domain to acquire any
dwelling (including related buildings) under the terms of Pub. L.
89-285, see section 305 of Pub. L. 89-285, set out as a note under
section 131 of this title.
TAKING OF PRIVATE PROPERTY WITHOUT JUST COMPENSATION
Prohibition against the taking of private property or the
restriction of reasonable and existing use by such taking without
just compensation under the terms of Pub. L. 89-285, see section
401 of Pub. L. 89-285, set out as a note under section 131 of this
title.
-End-
-CITE-
23 USC Sec. 137 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 137. Fringe and corridor parking facilities
-STATUTE-
(a) The Secretary may approve as a project on a Federal-aid
highway the acquisition of land adjacent to the right-of-way
outside a central business district, as defined by the Secretary,
and the construction of publicly owned parking facilities thereon
or within such right-of-way, including the use of the air space
above and below the established grade line of the highway pavement,
to serve an urban area of fifty thousand population or more. Such
parking facility shall be located and designed in conjunction with
existing or planned public transportation facilities. In the event
fees are charged for the use of any such facility, the rate thereof
shall not be in excess of that required for maintenance and
operation (including compensation to any person for operating such
facility).
(b) The Secretary shall not approve any project under this
section until -
(1) he has determined that the State, or the political
subdivision thereof, where such project is to be located, or any
agency or instrumentality of such State or political subdivision,
has the authority and capability of constructing, maintaining,
and operating the facility;
(2) he has entered into an agreement governing the financing,
maintenance, and operation of the parking facility with such
State, political subdivision, agency, or instrumentality,
including necessary requirements to insure that adequate public
transportation services will be available to persons using such
facility; and
(3) he has approved design standards for constructing such
facility developed in cooperation with the State transportation
department.
(c) The term "parking facilities" for purposes of this section
shall include access roads, buildings, structures, equipment,
improvements, and interests in lands.
(d) Nothing in this section, or in any rule or regulation issued
under this section, or in any agreement required by this section,
shall prohibit (1) any State, political subdivision, or agency or
instrumentality thereof, from contracting with any person to
operate any parking facility constructed under this section, or (2)
any such person from so operating such facility.
(e) The Secretary shall not approve any project under this
section unless he determines that it is based on a continuing
comprehensive transportation planning process carried on in
accordance with section 134 of this title.
(f)(1) The Secretary may approve for Federal financial assistance
from funds apportioned under section 104(b)(4), projects for
designating existing facilities, or for acquisition of rights of
way or construction of new facilities, for use as preferential
parking for carpools, provided that such facilities (A) are located
outside of a central business district and within an interstate
highway corridor, and (B) have as their primary purpose the
reduction of vehicular traffic on the interstate highway.
(2) Nothing in this subsection, or in any rule or regulation
issued under this subsection, or in any agreement required by this
subsection, shall prohibit (A) any State, political subdivision, or
agency or instrumentality thereof, from contracting with any person
to operate any parking facility designated or constructed under
this subsection, or (B) any such person from so operating such
facility. Any fees charged for the use of any such facility in
connection with the purpose of this subsection shall not be in
excess of the amount required for operation and maintenance,
including compensation to any person for operating the facility.
(3) For the purposes of this subsection, the terms "facilities"
and "parking facilities" are synonymous and shall have the same
meaning given "parking facilities" in subsection (c) of this
section.
-SOURCE-
(Added Pub. L. 89-574, Sec. 8(c)(1), Sept. 13, 1966, 80 Stat. 768;
amended Pub. L. 91-605, title I, Sec. 134(a), Dec. 31, 1970, 84
Stat. 1733; Pub. L. 97-424, title I, Sec. 118, Jan. 6, 1983, 96
Stat. 2110; Pub. L. 105-178, title I, Secs. 1103(l)(3)(B),
1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 126, 193; Pub. L. 109-59,
title I, Sec. 1921, Aug. 10, 2005, 119 Stat. 1480.)
-MISC1-
AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-59 substituted "on a Federal-aid
highway" for "on the Federal-aid urban system".
1998 - Subsec. (b)(3). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),
substituted "State transportation department" for "State highway
department".
Subsec. (f)(1). Pub. L. 105-178, Sec. 1103(l)(3)(B), substituted
"section 104(b)(4)" for "section 104(b)(5)(B) of this title".
1983 - Subsec. (f). Pub. L. 97-424 added subsec. (f).
1970 - Pub. L. 91-605 substituted "Fringe and corridor parking
facilities" for "Limitation on authorization of appropriations for
certain purposes" in section catchline.
Subsec. (a). Pub. L. 91-605 substituted provisions permitting the
Secretary to approve construction of publicly owned parking
facilities under the Federal-aid urban system for provisions
limiting authorization of appropriations under section 131, 136,
and 319(b) of this title, or any highway safety bill enacted after
May 1, 1966 by preventing these sections and provisions from being
construed as authority for any appropriations not specifically
authorized in these sections and provisions.
Subsec. (b). Pub. L. 91-605 substituted provisions preventing
project approval by the Secretary unless the State or political
subdivision thereof where the project is located can construct,
maintain, and operate the facility, unless the Secretary has
entered into an agreement with the State or political subdivision
governing the financing, maintenance, and operation of the
facility, and unless the Secretary has approved design standards
for construction of the facility for provisions limiting
authorization of appropriations under sections 131, 136, and 319(b)
of this title, or any highway safety bill enacted after May 1, 1966
by preventing appropriations to carry out these sections and
provisions unless they are specific as to the amount authorized and
as to the fiscal year.
Subsec. (c). Pub. L. 91-605 substituted provisions defining
"parking facilities" for provisions limiting authorization of
appropriations under sections 131, 136, and 319(b) of this title,
or any highway safety bill enacted after May 1, 1966 by preventing
the highway trust fund from being a source of appropriation for
these sections and provisions in an amount exceeding the tax
imposed by section 4061(a)(2) of Title 26, if such tax was imposed
at a rate of 1% plus additional amounts appropriated from the
general fund to the highway trust fund for such purposes except
that the total of all appropriations made from such fund to carry
out these sections and provisions shall never exceed the total of
all appropriations made to such fund based on the imposition of
such tax plus additional amounts appropriated from the general fund
to the highway trust fund for such purposes.
Subsecs. (d), (e). Pub. L. 91-605 added subsecs. (d) and (e).
TRUCK PARKING FACILITIES
Pub. L. 109-59, title I, Sec. 1305, Aug. 10, 2005, 119 Stat.
1214, provided that:
"(a) Establishment. - In cooperation with appropriate State,
regional, and local governments, the Secretary [of Transportation]
shall establish a pilot program to address the shortage of long-
term parking for commercial motor vehicles on the National Highway
System.
"(b) Allocation of Funds. -
"(1) In general. - The Secretary [of Transportation] shall
allocate funds made available to carry out this section among
States, metropolitan planning organizations, and local
governments.
"(2) Applications. - To be eligible for an allocation under
this section, a State (as defined in section 101(a) of title 23,
United States Code), metropolitan planning organization, or local
government shall submit to the Secretary an application at such
time and containing such information as the Secretary may
require.
"(3) Eligible projects. - Funds allocated under this subsection
shall be used by the recipient for projects described in an
application approved by the Secretary. Such projects shall serve
the National Highway System and may include the following:
"(A) Constructing safety rest areas (as defined in section
120(c) of title 23, United States Code) that include parking
for commercial motor vehicles.
"(B) Constructing commercial motor vehicle parking facilities
adjacent to commercial truck stops and travel plazas.
"(C) Opening existing facilities to commercial motor vehicle
parking, including inspection and weigh stations and park-and-
ride facilities.
"(D) Promoting the availability of publicly or privately
provided commercial motor vehicle parking on the National
Highway System using intelligent transportation systems and
other means.
"(E) Constructing turnouts along the National Highway System
for commercial motor vehicles.
"(F) Making capital improvements to public commercial motor
vehicle parking facilities currently closed on a seasonal basis
to allow the facilities to remain open year-round.
"(G) Improving the geometric design of interchanges on the
National Highway System to improve access to commercial motor
vehicle parking facilities.
"(4) Priority. - In allocating funds made available to carry
out this section, the Secretary shall give priority to applicants
that -
"(A) demonstrate a severe shortage of commercial motor
vehicle parking capacity in the corridor to be addressed;
"(B) have consulted with affected State and local
governments, community groups, private providers of commercial
motor vehicle parking, and motorist and trucking organizations;
and
"(C) demonstrate that their proposed projects are likely to
have positive effects on highway safety, traffic congestion, or
air quality.
"(c) Report to Congress. - Not later than 3 years after the date
of enactment of this Act [Aug. 10, 2005], the Secretary [of
Transportation] shall submit to Congress a report on the results of
the pilot program.
"(d) Funding. -
"(1) In general. - There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $6,250,000 for each of fiscal years 2006
through 2009.
"(2) Contract authority. - Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code; except that such funds shall not be
transferable and shall remain available until expended, and the
Federal share of the cost of a project under this section shall
be determined in accordance with sections 120(b) and 120(c) of
such title.
"(e) Treatment of Projects. - Notwithstanding any other provision
of law, projects funded under this section shall be treated as
projects on a Federal-aid system under chapter 1 of title 23,
United States Code."
-End-
-CITE-
23 USC Sec. 138 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 138. Preservation of parklands
-STATUTE-
(a) Declaration of Policy. - It is declared to be the national
policy that special effort should be made to preserve the natural
beauty of the countryside and public park and recreation lands,
wildlife and waterfowl refuges, and historic sites. The Secretary
of Transportation shall cooperate and consult with the Secretaries
of the Interior, Housing and Urban Development, and Agriculture,
and with the States in developing transportation plans and programs
that include measures to maintain or enhance the natural beauty of
the lands traversed. After the effective date of the Federal-Aid
Highway Act of 1968, the Secretary shall not approve any program or
project (other than any project for a park road or parkway under
section 204 of this title) which requires the use of any publicly
owned land from a public park, recreation area, or wildlife and
waterfowl refuge of national, State, or local significance as
determined by the Federal, State, or local officials having
jurisdiction thereof, or any land from an historic site of
national, State, or local significance as so determined by such
officials unless (1) there is no feasible and prudent alternative
to the use of such land, and (2) such program includes all possible
planning to minimize harm to such park, recreational area, wildlife
and waterfowl refuge, or historic site resulting from such use. In
carrying out the national policy declared in this section the
Secretary, in cooperation with the Secretary of the Interior and
appropriate State and local officials, is authorized to conduct
studies as to the most feasible Federal-aid routes for the movement
of motor vehicular traffic through or around national parks so as
to best serve the needs of the traveling public while preserving
the natural beauty of these areas.
(b) De Minimis Impacts. -
(1) Requirements. -
(A) Requirements for historic sites. - The requirements of
this section shall be considered to be satisfied with respect
to an area described in paragraph (2) if the Secretary
determines, in accordance with this subsection, that a
transportation program or project will have a de minimis impact
on the area.
(B) Requirements for parks, recreation areas, and wildlife or
waterfowl refuges. - The requirements of subsection (a)(1)
shall be considered to be satisfied with respect to an area
described in paragraph (3) if the Secretary determines, in
accordance with this subsection, that a transportation program
or project will have a de minimis impact on the area. The
requirements of subsection (a)(2) with respect to an area
described in paragraph (3) shall not include an alternatives
analysis.
(C) Criteria. - In making any determination under this
subsection, the Secretary shall consider to be part of a
transportation program or project any avoidance, minimization,
mitigation, or enhancement measures that are required to be
implemented as a condition of approval of the transportation
program or project.
(2) Historic sites. - With respect to historic sites, the
Secretary may make a finding of de minimis impact only if -
(A) the Secretary has determined, in accordance with the
consultation process required under section 106 of the National
Historic Preservation Act (16 U.S.C. 470f), that -
(i) the transportation program or project will have no
adverse effect on the historic site; or
(ii) there will be no historic properties affected by the
transportation program or project;
(B) the finding of the Secretary has received written
concurrence from the applicable State historic preservation
officer or tribal historic preservation officer (and from the
Advisory Council on Historic Preservation if the Council is
participating in the consultation process); and
(C) the finding of the Secretary has been developed in
consultation with parties consulting as part of the process
referred to in subparagraph (A).
(3) Parks, recreation areas, and wildlife or waterfowl refuges.
- With respect to parks, recreation areas, or wildlife or
waterfowl refuges, the Secretary may make a finding of de minimis
impact only if -
(A) the Secretary has determined, after public notice and
opportunity for public review and comment, that the
transportation program or project will not adversely affect the
activities, features, and attributes of the park, recreation
area, or wildlife or waterfowl refuge eligible for protection
under this section; and
(B) the finding of the Secretary has received concurrence
from the officials with jurisdiction over the park, recreation
area, or wildlife or waterfowl refuge.
-SOURCE-
(Added Pub. L. 89-574, Sec. 15(a), Sept. 13, 1966, 80 Stat. 771;
amended Pub. L. 90-495, Sec. 18(a), Aug. 23, 1968, 82 Stat. 823;
Pub. L. 94-280, title I, Sec. 124, May 5, 1976, 90 Stat. 440; Pub.
L. 100-17, title I, Sec. 133(b)(10), Apr. 2, 1987, 101 Stat. 171;
Pub. L. 109-59, title VI, Sec. 6009(a)(1), Aug. 10, 2005, 119 Stat.
1874.)
-REFTEXT-
REFERENCES IN TEXT
For the effective date of the Federal-Aid Highway Act of 1968,
referred to in subsec. (a), see section 37 of Pub. L. 90-495, as
amended, set out as an Effective Date of 1968 Amendment note under
section 101 of this title.
-MISC1-
AMENDMENTS
2005 - Pub. L. 109-59, Sec. 6009(a)(1)(A), which directed
substitution of "(a) Declaration of Policy. - It is" for "it is
hereby", was executed by making the substitution for "It is hereby"
to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 109-59, Sec. 6009(a)(1)(B), added subsec.
(b).
1987 - Pub. L. 100-17 inserted "(other than any project for a
park road or parkway under section 204 of this title)" before
"which requires" in third sentence.
1976 - Pub. L. 94-280 authorized the Secretary, in cooperation
with the Secretary of the Interior and appropriate State and local
officials, to conduct studies as to the most feasible Federal-aid
routes for the movement of motor vehicular traffic through or
around national parks so as to best serve the needs of the
traveling public while preserving the natural beauty of these
areas.
1968 - Pub. L. 90-495 amended section generally so as to render
it identical to section 1653(f) of Title 49, Transportation,
governing all programs and projects subject to the jurisdiction of
the Secretary of Transportation.
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.
CLARIFICATION OF EXISTING STANDARDS
Pub. L. 109-59, title VI, Sec. 6009(b), Aug. 10, 2005, 119 Stat.
1876, provided that:
"(1) In general. - Not later than 1 year after the date of
enactment of this Act [Aug. 10, 2005], the Secretary [of
Transportation] shall (in consultation with affected agencies and
interested parties) promulgate regulations that clarify the factors
to be considered and the standards to be applied in determining the
prudence and feasibility of alternatives under section 138 of title
23 and section 303 of title 49, United States Code.
"(2) Requirements. - The regulations -
"(A) shall clarify the application of the legal standards to a
variety of different types of transportation programs and
projects depending on the circumstances of each case; and
"(B) may include, as appropriate, examples to facilitate clear
and consistent interpretation by agency decisionmakers."
STUDY OF TRANSIT NEEDS IN NATIONAL PARKS AND RELATED PUBLIC LANDS
Pub. L. 105-178, title III, Sec. 3039, June 9, 1998, 112 Stat.
393, as amended by Pub. L. 105-206, title IX, Sec. 9009(y), July
22, 1998, 112 Stat. 862, provided that:
"(a) Purposes. - The purposes of this section are to encourage
and promote the development of transportation systems for the
betterment of the national parks and other units of the National
Park System, national wildlife refuges, recreational areas, and
other public lands in order to conserve natural, historical, and
cultural resources and prevent adverse impact, relieve congestion,
minimize transportation fuel consumption, reduce pollution
(including noise and visual pollution), and enhance visitor
mobility and accessibility and the visitor experience.
"(b) Study. -
"(1) In general. - The Secretary, in coordination with the
Secretary of the Interior, shall undertake a comprehensive study
of alternative transportation needs in national parks and related
public lands managed by Federal land management agencies [to]
assist in carrying out the purposes described in subsection (a).
The study shall be submitted to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
not later than January 1, 2000.
"(2) Study elements. - The study required by paragraph (1)
shall -
"(A) identify transportation strategies that improve the
management of the national parks and related public lands;
"(B) identify national parks and related public lands with
existing and potential problems of adverse impact, high
congestion, and pollution, or which can benefit from
alternative transportation modes;
"(C) assess the feasibility of alternative transportation
modes; and
"(D) identify and estimate the costs of alternative
transportation modes for each of the national parks and related
public lands referred to in paragraph (1).
"(3) Definition. - For purposes of this subsection, the term
'Federal land management agencies' means the National Park
Service, the United States Fish and Wildlife Service, and the
Bureau of Land Management."
STUDY OF ALTERNATIVE TRANSPORTATION MODES IN NATIONAL PARK SYSTEM
Pub. L. 102-240, title I, Sec. 1050, Dec. 18, 1991, 105 Stat.
2000, provided that:
"(a) In General. - Not later than 12 months after the date of the
enactment of this Act [Dec. 18, 1991], the Secretary, in
consultation with the Secretary of the Interior, shall conduct and
transmit to Congress a study of alternative transportation modes
for use in the National Park System. In conducting such study, the
Secretary shall consider (1) the economic and technical
feasibility, environmental effects, projected costs and benefits as
compared to the costs and benefits of existing transportation
systems, and general suitability of transportation modes that would
provide efficient and environmentally sound ingress to and egress
from National Park lands; and (2) methods to obtain private capital
for the construction of such transportation modes and related
infrastructure.
"(b) Funding. - From sums authorized to be appropriated for park
roads and parkways for fiscal year 1992, $300,000 shall be
available to carry out this section."
-End-
-CITE-
23 USC Sec. 139 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 139. Efficient environmental reviews for project
decisionmaking
-STATUTE-
(a) Definitions. - In this section, the following definitions
apply:
(1) Agency. - The term "agency" means any agency, department,
or other unit of Federal, State, local, or Indian tribal
government.
(2) Environmental impact statement. - The term "environmental
impact statement" means the detailed statement of environmental
impacts required to be prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(3) Environmental review process. -
(A) In general. - The term "environmental review process"
means the process for preparing for a project an environmental
impact statement, environmental assessment, categorical
exclusion, or other document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Inclusions. - The term "environmental review process"
includes the process for and completion of any environmental
permit, approval, review, or study required for a project under
any Federal law other than the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(4) Lead agency. - The term "lead agency" means the Department
of Transportation and, if applicable, any State or local
governmental entity serving as a joint lead agency pursuant to
this section.
(5) Multimodal project. - The term "multimodal project" means a
project funded, in whole or in part, under this title or chapter
53 of title 49 and involving the participation of more than one
Department of Transportation administration or agency.
(6) Project. - The term "project" means any highway project,
public transportation capital project, or multimodal project that
requires the approval of the Secretary.
(7) Project sponsor. - The term "project sponsor" means the
agency or other entity, including any private or public-private
entity, that seeks approval of the Secretary for a project.
(8) State transportation department. - The term "State
transportation department" means any statewide agency of a State
with responsibility for one or more modes of transportation.
(b) Applicability. -
(1) In general. - The project development procedures in this
section are applicable to all projects for which an environmental
impact statement is prepared under the National Environmental
Policy Act of 1969 and may be applied, to the extent determined
appropriate by the Secretary, to other projects for which an
environmental document is prepared pursuant to such Act.
(2) Flexibility. - Any authorities granted in this section may
be exercised for a project, class of projects, or program of
projects.
(c) Lead Agencies. -
(1) Federal lead agency. - The Department of Transportation
shall be the Federal lead agency in the environmental review
process for a project.
(2) Joint lead agencies. - Nothing in this section precludes
another agency from being a joint lead agency in accordance with
regulations under the National Environmental Policy Act of 1969.
(3) Project sponsor as joint lead agency. - Any project sponsor
that is a State or local governmental entity receiving funds
under this title or chapter 53 of title 49 for the project shall
serve as a joint lead agency with the Department for purposes of
preparing any environmental document under the National
Environmental Policy Act of 1969 and may prepare any such
environmental document required in support of any action or
approval by the Secretary if the Federal lead agency furnishes
guidance in such preparation and independently evaluates such
document and the document is approved and adopted by the
Secretary prior to the Secretary taking any subsequent action or
making any approval based on such document, whether or not the
Secretary's action or approval results in Federal funding.
(4) Ensuring compliance. - The Secretary shall ensure that the
project sponsor complies with all design and mitigation
commitments made jointly by the Secretary and the project sponsor
in any environmental document prepared by the project sponsor in
accordance with this subsection and that such document is
appropriately supplemented if project changes become necessary.
(5) Adoption and use of documents. - Any environmental document
prepared in accordance with this subsection may be adopted or
used by any Federal agency making any approval to the same extent
that such Federal agency could adopt or use a document prepared
by another Federal agency.
(6) Roles and responsibility of lead agency. - With respect to
the environmental review process for any project, the lead agency
shall have authority and responsibility -
(A) to take such actions as are necessary and proper, within
the authority of the lead agency, to facilitate the expeditious
resolution of the environmental review process for the project;
and
(B) to prepare or ensure that any required environmental
impact statement or other document required to be completed
under the National Environmental Policy Act of 1969 is
completed in accordance with this section and applicable
Federal law.
(d) Participating Agencies. -
(1) In general. - The lead agency shall be responsible for
inviting and designating participating agencies in accordance
with this subsection.
(2) Invitation. - The lead agency shall identify, as early as
practicable in the environmental review process for a project,
any other Federal and non-Federal agencies that may have an
interest in the project, and shall invite such agencies to become
participating agencies in the environmental review process for
the project. The invitation shall set a deadline for responses to
be submitted. The deadline may be extended by the lead agency for
good cause.
(3) Federal participating agencies. - Any Federal agency that
is invited by the lead agency to participate in the environmental
review process for a project shall be designated as a
participating agency by the lead agency unless the invited agency
informs the lead agency, in writing, by the deadline specified in
the invitation that the invited agency -
(A) has no jurisdiction or authority with respect to the
project;
(B) has no expertise or information relevant to the project;
and
(C) does not intend to submit comments on the project.
(4) Effect of designation. - Designation as a participating
agency under this subsection shall not imply that the
participating agency -
(A) supports a proposed project; or
(B) has any jurisdiction over, or special expertise with
respect to evaluation of, the project.
(5) Cooperating agency. - A participating agency may also be
designated by a lead agency as a "cooperating agency" under the
regulations contained in part 1500 of title 40, Code of Federal
Regulations.
(6) Designations for categories of projects. - The Secretary
may exercise the authorities granted under this subsection for a
project, class of projects, or program of projects.
(7) Concurrent reviews. - Each Federal agency shall, to the
maximum extent practicable -
(A) carry out obligations of the Federal agency under other
applicable law concurrently, and in conjunction, with the
review required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the
ability of the Federal agency to carry out those obligations;
and
(B) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure completion
of the environmental review process in a timely, coordinated,
and environmentally responsible manner.
(e) Project Initiation. - The project sponsor shall notify the
Secretary of the type of work, termini, length and general location
of the proposed project, together with a statement of any Federal
approvals anticipated to be necessary for the proposed project, for
the purpose of informing the Secretary that the environmental
review process should be initiated.
(f) Purpose and Need. -
(1) Participation. - As early as practicable during the
environmental review process, the lead agency shall provide an
opportunity for involvement by participating agencies and the
public in defining the purpose and need for a project.
(2) Definition. - Following participation under paragraph (1),
the lead agency shall define the project's purpose and need for
purposes of any document which the lead agency is responsible for
preparing for the project.
(3) Objectives. - The statement of purpose and need shall
include a clear statement of the objectives that the proposed
action is intended to achieve, which may include -
(A) achieving a transportation objective identified in an
applicable statewide or metropolitan transportation plan;
(B) supporting land use, economic development, or growth
objectives established in applicable Federal, State, local, or
tribal plans; and
(C) serving national defense, national security, or other
national objectives, as established in Federal laws, plans, or
policies.
(4) Alternatives analysis. -
(A) Participation. - As early as practicable during the
environmental review process, the lead agency shall provide an
opportunity for involvement by participating agencies and the
public in determining the range of alternatives to be
considered for a project.
(B) Range of alternatives. - Following participation under
paragraph (1), the lead agency shall determine the range of
alternatives for consideration in any document which the lead
agency is responsible for preparing for the project.
(C) Methodologies. - The lead agency also shall determine, in
collaboration with participating agencies at appropriate times
during the study process, the methodologies to be used and the
level of detail required in the analysis of each alternative
for a project.
(D) Preferred alternative. - At the discretion of the lead
agency, the preferred alternative for a project, after being
identified, may be developed to a higher level of detail than
other alternatives in order to facilitate the development of
mitigation measures or concurrent compliance with other
applicable laws if the lead agency determines that the
development of such higher level of detail will not prevent the
lead agency from making an impartial decision as to whether to
accept another alternative which is being considered in the
environmental review process.
(g) Coordination and Scheduling. -
(1) Coordination plan. -
(A) In general. - The lead agency shall establish a plan for
coordinating public and agency participation in and comment on
the environmental review process for a project or category of
projects. The coordination plan may be incorporated into a
memorandum of understanding.
(B) Schedule. -
(i) In general. - The lead agency may establish as part of
the coordination plan, after consultation with each
participating agency for the project and with the State in
which the project is located (and, if the State is not the
project sponsor, with the project sponsor), a schedule for
completion of the environmental review process for the
project.
(ii) Factors for consideration. - In establishing the
schedule, the lead agency shall consider factors such as -
(I) the responsibilities of participating agencies under
applicable laws;
(II) resources available to the cooperating agencies;
(III) overall size and complexity of the project;
(IV) the overall schedule for and cost of the project;
and
(V) the sensitivity of the natural and historic resources
that could be affected by the project.
(C) Consistency with other time periods. - A schedule under
subparagraph (B) shall be consistent with any other relevant
time periods established under Federal law.
(D) Modification. - The lead agency may -
(i) lengthen a schedule established under subparagraph (B)
for good cause; and
(ii) shorten a schedule only with the concurrence of the
affected cooperating agencies.
(E) Dissemination. - A copy of a schedule under subparagraph
(B), and of any modifications to the schedule, shall be -
(i) provided to all participating agencies and to the State
transportation department of the State in which the project
is located (and, if the State is not the project sponsor, to
the project sponsor); and
(ii) made available to the public.
(2) Comment deadlines. - The lead agency shall establish the
following deadlines for comment during the environmental review
process for a project:
(A) For comments by agencies and the public on a draft
environmental impact statement, a period of not more than 60
days after publication in the Federal Register of notice of the
date of public availability of such document, unless -
(i) a different deadline is established by agreement of the
lead agency, the project sponsor, and all participating
agencies; or
(ii) the deadline is extended by the lead agency for good
cause.
(B) For all other comment periods established by the lead
agency for agency or public comments in the environmental
review process, a period of no more than 30 days from
availability of the materials on which comment is requested,
unless -
(i) a different deadline is established by agreement of the
lead agency, the project sponsor, and all participating
agencies; or
(ii) the deadline is extended by the lead agency for good
cause.
(3) Deadlines for decisions under other laws. - In any case in
which a decision under any Federal law relating to a project
(including the issuance or denial of a permit or license) is
required to be made by the later of the date that is 180 days
after the date on which the Secretary made all final decisions of
the lead agency with respect to the project, or 180 days after
the date on which an application was submitted for the permit or
license, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
-
(A) as soon as practicable after the 180-day period, an
initial notice of the failure of the Federal agency to make the
decision; and
(B) every 60 days thereafter until such date as all decisions
of the Federal agency relating to the project have been made by
the Federal agency, an additional notice that describes the
number of decisions of the Federal agency that remain
outstanding as of the date of the additional notice.
(4) Involvement of the public. - Nothing in this subsection
shall reduce any time period provided for public comment in the
environmental review process under existing Federal law,
including a regulation.
(h) Issue Identification and Resolution. -
(1) Cooperation. - The lead agency and the participating
agencies shall work cooperatively in accordance with this section
to identify and resolve issues that could delay completion of the
environmental review process or could result in denial of any
approvals required for the project under applicable laws.
(2) Lead agency responsibilities. - The lead agency shall make
information available to the participating agencies as early as
practicable in the environmental review process regarding the
environmental and socioeconomic resources located within the
project area and the general locations of the alternatives under
consideration. Such information may be based on existing data
sources, including geographic information systems mapping.
(3) Participating agency responsibilities. - Based on
information received from the lead agency, participating agencies
shall identify, as early as practicable, any issues of concern
regarding the project's potential environmental or socioeconomic
impacts. In this paragraph, issues of concern include any issues
that could substantially delay or prevent an agency from granting
a permit or other approval that is needed for the project.
(4) Issue resolution. -
(A) Meeting of participating agencies. - At any time upon
request of a project sponsor or the Governor of a State in
which the project is located, the lead agency shall promptly
convene a meeting with the relevant participating agencies, the
project sponsor, and the Governor (if the meeting was requested
by the Governor) to resolve issues that could delay completion
of the environmental review process or could result in denial
of any approvals required for the project under applicable
laws.
(B) Notice that resolution cannot be achieved. - If a
resolution cannot be achieved within 30 days following such a
meeting and a determination by the lead agency that all
information necessary to resolve the issue has been obtained,
the lead agency shall notify the heads of all participating
agencies, the project sponsor, the Governor, the Committee on
Environment and Public Works of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Council on Environmental Quality, and
shall publish such notification in the Federal Register.
(i) Performance Measurement. - The Secretary shall establish a
program to measure and report on progress toward improving and
expediting the planning and environmental review process.
(j) Assistance to Affected State and Federal Agencies. -
(1) In general. - For a project that is subject to the
environmental review process established under this section and
for which funds are made available to a State under this title or
chapter 53 of title 49, the Secretary may approve a request by
the State to provide funds so made available under this title or
such chapter 53 to affected Federal agencies (including the
Department of Transportation), State agencies, and Indian tribes
participating in the environmental review process for the
projects in that State or participating in a State process that
has been approved by the Secretary for that State. Such funds may
be provided only to support activities that directly and
meaningfully contribute to expediting and improving
transportation project planning and delivery for projects in that
State.
(2) Activities eligible for funding. - Activities for which
funds may be provided under paragraph (1) include transportation
planning activities that precede the initiation of the
environmental review process, dedicated staffing, training of
agency personnel, information gathering and mapping, and
development of programmatic agreements.
(3) Use of federal lands highway funds. - The Secretary may
also use funds made available under section 204 for a project for
the purposes specified in this subsection with respect to the
environmental review process for the project.
(4) Amounts. - Requests under paragraph (1) may be approved
only for the additional amounts that the Secretary determines are
necessary for the Federal agencies, State agencies, or Indian
tribes participating in the environmental review process to meet
the time limits for environmental review.
(5) Condition. - A request under paragraph (1) to expedite time
limits for environmental review may be approved only if such time
limits are less than the customary time necessary for such
review.
(k) Judicial Review and Savings Clause. -
(1) Judicial review. - Except as set forth under subsection
(l), nothing in this section shall affect the reviewability of
any final Federal agency action in a court of the United States
or in the court of any State.
(2) Savings clause. - Nothing in this section shall be
construed as superseding, amending, or modifying the National
Environmental Policy Act of 1969 or any other Federal
environmental statute or affect the responsibility of any Federal
officer to comply with or enforce any such statute.
(3) Limitations. - Nothing in this section shall preempt or
interfere with -
(A) any practice of seeking, considering, or responding to
public comment; or
(B) any power, jurisdiction, responsibility, or authority
that a Federal, State, or local government agency, metropolitan
planning organization, Indian tribe, or project sponsor has
with respect to carrying out a project or any other provisions
of law applicable to projects, plans, or programs.
(l) Limitations on Claims. -
(1) In general. - Notwithstanding any other provision of law, a
claim arising under Federal law seeking judicial review of a
permit, license, or approval issued by a Federal agency for a
highway or public transportation capital project shall be barred
unless it is filed within 180 days after publication of a notice
in the Federal Register announcing that the permit, license, or
approval is final pursuant to the law under which the agency
action is taken, unless a shorter time is specified in the
Federal law pursuant to which judicial review is allowed. Nothing
in this subsection shall create a right to judicial review or
place any limit on filing a claim that a person has violated the
terms of a permit, license, or approval.
(2) New information. - The Secretary shall consider new
information received after the close of a comment period if the
information satisfies the requirements for a supplemental
environmental impact statement under section 771.130 of title 23,
Code of Federal Regulations. The preparation of a supplemental
environmental impact statement when required shall be considered
a separate final agency action and the deadline for filing a
claim for judicial review of such action shall be 180 days after
the date of publication of a notice in the Federal Register
announcing such action.
-SOURCE-
(Added Pub. L. 109-59, title VI, Sec. 6002(a), Aug. 10, 2005, 119
Stat. 1857.)
-REFTEXT-
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in
subsecs. (a)(2), (3), (b)(1), (c)(2), (3), (6)(B), (d)(7)(A), and
(k)(2), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 4321 et seq.) of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4321 of Title 42 and Tables.
-COD-
CODIFICATION
Section 6002(a) of Pub. L. 109-59, which directed that this
section be inserted after section 138 of subchapter I of chapter 1
of this title, was executed by adding this section after section
138 of chapter 1 of this title, to reflect the probable intent of
Congress and the amendment by Pub. L. 109-59, Sec. 1602(b)(6)(A),
which struck out the subchapter I heading preceding section 101 of
this title.
-MISC1-
PRIOR PROVISIONS
A prior section 139, added Pub. L. 90-495, Sec. 16(a), Aug. 23,
1968, 82 Stat. 823; amended Pub. L. 91-605, title I, Secs.
106(b)(1), 140, Dec. 31, 1970, 84 Stat. 1716, 1736; Pub. L. 94-280,
title I, Sec. 125, May 5, 1976, 90 Stat. 440; Pub. L. 97-134, Sec.
10, Dec. 29, 1981, 95 Stat. 1702; Pub. L. 97-424, title I, Sec.
116(a)(3), Jan. 6, 1983, 96 Stat. 2109; Pub. L. 98-229, Sec. 8(a),
Mar. 9, 1984, 98 Stat. 56, related to additions to the Interstate
System, prior to repeal by Pub. L. 105-178, title I, Sec.
1106(c)(2)(A), June 9, 1998, 112 Stat. 136.
EXISTING ENVIRONMENTAL REVIEW PROCESS
Pub. L. 109-59, title VI, Sec. 6002(b), Aug. 10, 2005, 119 Stat.
1865, provided that: "Nothing in this section [enacting this
section and repealing provisions set out as a note under section
109 of this title] affects any existing State environmental review
process, program, agreement, or funding arrangement approved by the
Secretary [of Transportation] under section 1309 of the
Transportation Equity Act for the 21st Century [Pub. L. 105-178]
(112 Stat. 232; 23 U.S.C. 109 note) as such section was in effect
on the day preceding the date of enactment of the SAFETEA-LU [Aug.
10, 2005]."
-End-
-CITE-
23 USC Sec. 140 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 140. Nondiscrimination
-STATUTE-
(a) Prior to approving any programs for projects as provided for
in section 135, the Secretary shall require assurances from any
State desiring to avail itself of the benefits of this chapter that
employment in connection with proposed projects will be provided
without regard to race, color, creed, national origin, or sex. The
Secretary shall require that each State shall include in the
advertised specifications, notification of the specific equal
employment opportunity responsibilities of the successful bidder.
In approving programs for projects on any of the Federal-aid
systems, the Secretary (!1) if necessary to ensure equal employment
opportunity, shall require certification by any State desiring to
avail itself of the benefits of this chapter that there are in
existence and available on a regional, statewide, or local basis,
apprenticeship, skill improvement or other upgrading programs,
registered with the Department of Labor or the appropriate State
agency, if any, which provide equal opportunity for training and
employment without regard to race, color, creed, national origin,
or sex. In implementing such programs, a State may reserve training
positions for persons who receive welfare assistance from such
State; except that the implementation of any such program shall not
cause current employees to be displaced or current positions to be
supplanted or preclude workers that are participating in an
apprenticeship, skill improvement, or other upgrading program
registered with the Department of Labor or the appropriate State
agency from being referred to, or hired on, projects funded under
this title without regard to the length of time of their
participation in such program. The Secretary shall periodically
obtain from the Secretary of Labor and the respective State
transportation departments information which will enable the
Secretary to judge compliance with the requirements of this section
and the Secretary of Labor shall render to the Secretary such
assistance and information as the Secretary of Transportation shall
deem necessary to carry out the equal employment opportunity
program required hereunder.
(b) The Secretary, in cooperation with any other department or
agency of the Government, State agency, authority, association,
institution, Indian tribal government, corporation (profit or
nonprofit), or any other organization or person, is authorized to
develop, conduct, and administer surface transportation and
technology training, including skill improvement programs, and to
develop and fund summer transportation institutes. Whenever
apportionments are made under section 104(b)(3) of this title, the
Secretary shall deduct such sums as necessary, not to exceed
$10,000,000 per fiscal year, for the administration of this
subsection. Such sums so deducted shall remain available until
expended. The provisions of section 6101(b) to (d) of title 41
shall not be applicable to contracts and agreements made under the
authority herein granted to the Secretary. Notwithstanding any
other provision of law, not to exceed 1/2 of 1 percent of funds
apportioned to a State for the surface transportation program under
section 104(b) and the bridge program under section 144 may be
available to carry out this subsection upon request of the State
transportation department to the Secretary.
(c) The Secretary, in cooperation with any other department or
agency of the Government, State agency, authority, association,
institution, Indian tribal government, corporation (profit or
nonprofit), or any other organization or person, is authorized to
develop, conduct, and administer training programs and assistance
programs in connection with any program under this title in order
that minority businesses may achieve proficiency to compete, on an
equal basis, for contracts and subcontracts. Whenever
apportionments are made under section 104(b)(3), the Secretary
shall deduct such sums as necessary, not to exceed $10,000,000 per
fiscal year, for the administration of this subsection. The
provisions of section 6101(b) to (d) of title 41 shall not be
applicable to contracts and agreements made under the authority
herein granted to the Secretary notwithstanding the provisions of
section 3106 of title 41.
(d) Indian Employment. - Consistent with section 703(i) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)), nothing in this
section shall preclude the preferential employment of Indians
living on or near a reservation on projects and contracts on Indian
reservation roads. States may implement a preference for employment
of Indians on projects carried out under this title near Indian
reservations. The Secretary shall cooperate with Indian tribal
governments and the States to implement this subsection.
-SOURCE-
(Added Pub. L. 90-495, Sec. 22(a), Aug. 23, 1968, 82 Stat. 826;
amended Pub. L. 91-605, title I, Sec. 110, Dec. 31, 1970, 84 Stat.
1719; Pub. L. 93-87, title I, Sec. 120, Aug. 13, 1973, 87 Stat.
259; Pub. L. 94-280, title I, Sec. 126, May 5, 1976, 90 Stat. 440;
Pub. L. 97-424, title I, Sec. 119, Jan. 6, 1983, 96 Stat. 2110;
Pub. L. 100-17, title I, Sec. 122, Apr. 2, 1987, 101 Stat. 160;
Pub. L. 102-240, title I, Sec. 1026, Dec. 18, 1991, 105 Stat. 1965;
Pub. L. 102-388, title IV, Sec. 412, Oct. 6, 1992, 106 Stat. 1565;
Pub. L. 105-178, title I, Secs. 1208, 1212(a)(2)(A), June 9, 1998,
112 Stat. 186, 193; Pub. L. 109-59, title I, Sec. 1922, Aug. 10,
2005, 119 Stat. 1481; Pub. L. 111-350, Sec. 5(e)(1), Jan. 4, 2011,
124 Stat. 3847.)
-MISC1-
AMENDMENTS
2011 - Subsec. (b). Pub. L. 111-350, Sec. 5(e)(1)(A), substituted
"section 6101(b) to (d) of title 41" for "section 3709 of the
Revised Statutes, as amended (41 U.S.C. 5),".
Subsec. (c). Pub. L. 111-350, Sec. 5(e)(1)(B), substituted
"section 6101(b) to (d) of title 41" for "section 3709 of the
Revised Statutes, as amended (41 U.S.C. 5)," and "section 3106 of
title 41" for "section 302(e) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 252(e))".
2005 - Subsec. (a). Pub. L. 109-59, Sec. 1922(a), in first
sentence, substituted "section 135" for "subsection (a) of section
105 of this title", in second sentence, substituted "The Secretary"
for "He", in third sentence, substituted "if necessary to ensure"
for "shall, where he considers it necessary to assure" and inserted
"shall" before "require", and, in last sentence, substituted "the
Secretary to" for "him to" and "the Secretary of Transportation"
for "he".
Subsec. (b). Pub. L. 109-59, Sec. 1922(b), in first sentence,
substituted "surface transportation" for "highway construction"
and, in second sentence, struck out "he may deem" before
"necessary" and "not to exceed $2,500,000 for the transition
quarter ending September 30, 1976, and" before "not to exceed
$10,000,000".
Subsec. (c). Pub. L. 109-59, Sec. 1922(c), substituted "section
104(b)(3)" for "subsection 104(b)(3) of this title" and struck out
"he may deem" before "necessary".
Subsec. (d). Pub. L. 109-59, Sec. 1922(d), struck out "and
Contracting" after "Employment" in heading.
1998 - Subsec. (a). Pub. L. 105-178, Secs. 1208(a),
1212(a)(2)(A)(ii), inserted "In implementing such programs, a State
may reserve training positions for persons who receive welfare
assistance from such State; except that the implementation of any
such program shall not cause current employees to be displaced or
current positions to be supplanted or preclude workers that are
participating in an apprenticeship, skill improvement, or other
upgrading program registered with the Department of Labor or the
appropriate State agency from being referred to, or hired on,
projects funded under this title without regard to the length of
time of their participation in such program." after third sentence
and substituted "State transportation departments" for "State
highway departments".
Subsec. (b). Pub. L. 105-178, Secs. 1208(b), 1212(a)(2)(A)(i),
inserted "and technology" after "highway construction" and ", and
to develop and fund summer transportation institutes" after "skill
improvement programs" and substituted "section 104(b)(3)" for
"section 104(b)" and "State transportation department" for "State
highway department".
Subsec. (c). Pub. L. 105-178, Sec. 1208(c), substituted
"104(b)(3)" for "104(a)".
1992 - Subsec. (b). Pub. L. 102-388 substituted " 1/2 of 1
percent" for " 1/4 of 1 percent" in last sentence.
1991 - Subsec. (b). Pub. L. 102-240, Sec. 1026(a), (b), inserted
"Indian tribal government," after "institution," and inserted at
end "Notwithstanding any other provision of law, not to exceed 1/4
of 1 percent of funds apportioned to a State for the surface
transportation program under section 104(b) and the bridge program
under section 144 may be available to carry out this subsection
upon request of the State highway department to the Secretary."
Subsec. (c). Pub. L. 102-240, Sec. 1026(b), inserted "Indian
tribal government," after "institution,".
Subsec. (d). Pub. L. 102-240, Sec. 1026(c), inserted after first
sentence "States may implement a preference for employment of
Indians on projects carried out under this title near Indian
reservations."
1987 - Subsec. (d). Pub. L. 100-17 added subsec. (d).
1983 - Pub. L. 97-424, Sec. 119(c), substituted
"Nondiscrimination" for "Equal employment opportunity" in section
catchline.
Subsec. (a). Pub. L. 97-424, Sec. 119(a), substituted ", national
origin, or sex" for "or national origin" after "color, creed", in
two places.
Subsec. (c). Pub. L. 97-424, Sec. 119(b), added subsec. (c).
1976 - Subsec. (b). Pub. L. 94-280 substituted second sentence
"Whenever apportionments are made under section 104(b) of this
title, the Secretary shall deduct such sums as he may deem
necessary, not to exceed $2,500,000 for the transition quarter
ending September 30, 1976, and not to exceed $10,000,000 per fiscal
year, for the administration of this subsection." for "Whenever an
apportionment is made under subsections 104(b)(1), (b)(2), (b)(3),
(b)(5), and (b)(6) of this title of the sums authorized to be
appropriated for expenditure upon the Federal-aid primary and
secondary systems, and their extensions within urban areas, the
Interstate System, and the Federal-aid urban system for the fiscal
years 1972, 1973, 1974, 1975, and 1976, the Secretary shall deduct
such sums as he may deem necessary not to exceed $5,000,000 per
fiscal year for the fiscal years 1972 and 1973, and $10,000,000 per
fiscal year for the fiscal years 1974, 1975 and 1976, for
administering the provisions of this subsection to be financed from
the appropriation for the Federal-aid systems."
1973 - Subsec. (b). Pub. L. 93-87 included apportionment of
appropriated moneys for administration of subsec. (b) provisions
for fiscal years 1974, 1975, and 1976, and substituted provisions
which made available for such administration $5,000,000 per fiscal
year for fiscal years 1972, and 1973, and $10,000,000 per fiscal
year for fiscal years 1974, 1975, and 1976, for prior provision
making available $5,000,000 per fiscal year for such
administration.
1970 - Pub. L. 91-605 designated existing provisions as subsec.
(a) and added subsec. (b).
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
EFFECTIVE DATE
Section effective Aug. 23, 1968, see section 37 of Pub. L. 90-
495, set out as an Effective Date of 1968 Amendment note under
section 101 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be followed by a comma.
-End-
-CITE-
23 USC Sec. 141 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 141. Enforcement of requirements
-STATUTE-
(a) Each State shall certify to the Secretary before January 1 of
each year that it is enforcing all State laws respecting maximum
vehicle size and weights permitted on the Federal-aid primary
system, the Federal-aid urban system, and the Federal-aid secondary
system, including the Interstate System in accordance with section
127 of this title. Each State shall also certify that it is
enforcing and complying with the provisions of section 127(d) of
this title and section 31112 of title 49.
(b)(1) Each State shall submit to the Secretary such information
as the Secretary shall, by regulation, require as necessary, in his
opinion, to verify the certification of such State under subsection
(b) of this section.
(2) If a State fails to certify as required by subsection (b) of
this section or if the Secretary determines that a State is not
adequately enforcing all State laws respecting such maximum vehicle
size and weights, notwithstanding such a certification, then
Federal-aid highway funds apportioned to such State for such fiscal
year shall be reduced by amounts equal to 10 per centum of the
amount which would otherwise be apportioned to such State under
section 104 of this title.
(3) If within one year from the date that the apportionment for
any State is reduced in accordance with paragraph (2) of this
subsection the Secretary determines that such State is enforcing
all State laws respecting maximum size and weights, the
apportionment of such State shall be increased by an amount equal
to such reduction. If the Secretary does not make such a
determination within such one-year period, the amounts so withheld
shall be reapportioned to all other eligible States.
(c) The Secretary shall reduce the State's apportionment of
Federal-aid highway funds under section 104(b)(4) in an amount up
to 25 per centum of the amount to be apportioned in any fiscal year
beginning after September 30, 1984, during which heavy vehicles,
subject to the use tax imposed by section 4481 of the Internal
Revenue Code of 1986, may be lawfully registered in the State
without having presented proof of payment, in such form as may be
prescribed by the Secretary of the Treasury, of the use tax imposed
by section 4481 of such Code. Amounts withheld from apportionment
to a State under this subsection shall be apportioned to the other
States pursuant to the formulas of section 104(b)(4) and shall be
available in the same manner and to the same extent as other
Interstate funds apportioned at the same time to other States.
-SOURCE-
(Added Pub. L. 93-643, Sec. 107(a), Jan. 4, 1975, 88 Stat. 2284;
amended Pub. L. 95-599, title I, Sec. 123(d), Nov. 6, 1978, 92
Stat. 2702; Pub. L. 97-424, title I, Sec. 143, Jan. 6, 1983, 96
Stat. 2129; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 102-240, title I, Sec. 1023(c), Dec. 18, 1991, 105 Stat.
1954; Pub. L. 103-429, Sec. 3(7), Oct. 31, 1994, 108 Stat. 4378;
Pub. L. 104-59, title II, Sec. 205(d)(1)(A), Nov. 28, 1995, 109
Stat. 577; Pub. L. 105-178, title I, Sec. 1103(l)(3)(C), June 9,
1998, 112 Stat. 126.)
-REFTEXT-
REFERENCES IN TEXT
Section 4481 of the Internal Revenue Code of 1986, referred to in
subsec. (c), is classified to section 4481 of Title 26, Internal
Revenue Code.
-MISC1-
PRIOR PROVISIONS
A prior section 141, Pub. L. 90-495, Sec. 35(a), Aug. 23, 1968,
82 Stat. 836, related to real property acquisition policies, prior
to repeal by Pub. L. 91-646, title III, Sec. 306, Jan. 2, 1971, 84
Stat. 1907, such repeal becoming effective as to all States after
July 1, 1972, the date on which sections 4630 and 4655 of Title 42,
The Public Health and Welfare, covering similar subject matter,
became applicable to all States.
AMENDMENTS
1998 - Subsec. (c). Pub. L. 105-178 substituted "section
104(b)(4)" for "section 104(b)(5) of this title" in two places.
1995 - Pub. L. 104-59 redesignated subsecs. (b) to (d) as (a) to
(c), respectively, and struck out former subsec. (a) which read as
follows: "Each State shall certify to the Secretary before January
1 of each year that it is enforcing all speed limits on public
highways in accordance with section 154 of this title. The
Secretary shall not approve any project under section 106 of this
title in any State which has failed to certify in accordance with
this subsection."
1994 - Subsec. (b). Pub. L. 103-429 substituted "section 31112 of
title 49" for "section 411(j) of the Surface Transportation
Assistance Act of 1982 (49 U.S.C. App. 2311(j))".
1991 - Subsec. (b). Pub. L. 102-240 inserted at end "Each State
shall also certify that it is enforcing and complying with the
provisions of section 127(d) of this title and section 411(j) of
the Surface Transportation Assistance Act of 1982 (49 U.S.C. App.
2311(j))."
1986 - Subsec. (d). Pub. L. 99-514 substituted "Internal Revenue
Code of 1986" for "Internal Revenue Code of 1954".
1983 - Subsec. (d). Pub. L. 97-424 added subsec. (d).
1978 - Pub. L. 95-599 designated existing provisions as subsecs.
(a) and (b) and added subsec. (c).
EFFECTIVE DATE OF 1995 AMENDMENT
Section 205(d)(3) of Pub. L. 104-59 provided that: "The
amendments made by paragraph (1) [amending this section and
repealing section 154 of this title] shall be applicable to a State
on the 10th day following the date of the enactment of this Act
[Nov. 28, 1995]; except that if the legislature of a State is not
in session on such date of enactment and the chief executive
officer of the State declares, before such 10th day, that the
legislature is not in session and that the State prefers an
applicability date for such amendments that is after the date on
which the legislature will convene, such amendments shall be
applicable to the State on the 60th day following the date on which
the legislature next convenes."
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Section 123(e) of Pub. L. 95-599 provided that subsec. (c)(2) and
(3) of this section be applicable to certifications required by
this section to be filed on or after Jan. 1, 1980, prior to repeal
by Pub. L. 96-106, Sec. 12, Nov. 9, 1979, 93 Stat. 798.
ENFORCEMENT OF VEHICLE WEIGHT LIMITATIONS
Section 123(a)-(c) of Pub. L. 95-599, as amended by Pub. L. 100-
17, title I, Sec. 133(c)(4), Apr. 2, 1987, 101 Stat. 173, provided
that:
"(a) Not later than the one-hundred-eightieth day after the date
of enactment of this section [Nov. 6, 1978], the Secretary of
Transportation, hereunder referred to as the 'Secretary', in
consultation with each State shall inventory the existing system of
penalties for violations of vehicle weight laws, rules, and
regulations on any portion of any Federal-aid system in such State.
Each State shall annually thereafter report to the Secretary its
current inventory.
"(b)(1) Not later than the one-hundred-eightieth day after the
date of enactment of this section [Nov. 6, 1978], the Secretary, in
consultation with each State, shall inventory the existing system
in such State for the issuance of special permits. Each State shall
annually thereafter report to the Secretary its current inventory.
"(2) For purposes of this subsection, the term 'special permit'
means a license or permit issued pursuant to State law, rule, or
regulation which authorizes a vehicle to exceed the weight
limitation for such vehicle established under State law, rule, or
regulation.
"(c) Not later than January 1 of the second calendar year which
begins after the date of enactment of this section [Nov. 6, 1978]
and each calendar year thereafter the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Public Works and Transportation [now Committee on
Transportation and Infrastructure] of the House of Representatives
an annual report together with such recommendations as the
Secretary deems necessary on (1) the latest annual inventory of
State systems of penalties required by subsection (a) of this
section; (2) the latest annual inventory of State systems for the
issuance of special permits required by subsection (b) of this
section; (3) the annual certification submitted by each State
required by section 141(b) of title 23, United States Code."
[For termination, effective May 15, 2000, of reporting provisions
in section 123(c) of Pub. L. 95-599, set out above, see section
3003 of Pub. L. 104-66, as amended, set out as a note under section
1113 of Title 31, Money and Finance, and page 135 of House Document
No. 103-7.]
-End-
-CITE-
23 USC Sec. 142 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 142. Public transportation
-STATUTE-
(a)(1) To encourage the development, improvement, and use of
public mass transportation systems operating motor vehicles (other
than on rail) on Federal-aid highways for the transportation of
passengers (hereafter in this section referred to as "buses"), so
as to increase the traffic capacity of the Federal-aid systems for
the movement of persons, the Secretary may approve as a project on
any Federal-aid system the construction of exclusive or
preferential high occupancy vehicle lanes, highway traffic control
devices, bus passenger loading areas and facilities (including
shelters), and fringe and transportation corridor parking
facilities to serve high occupancy vehicle and public mass
transportation passengers, and sums apportioned under section
104(b) of this title shall be available to finance the cost of
projects under this paragraph. If fees are charged for the use of
any parking facility constructed under this section, the rate
thereof shall not be in excess of that required for maintenance and
operation of the facility and the cost of providing shuttle service
to and from the facility (including compensation to any person for
operating the facility and for providing such shuttle service).
(2) In addition to the projects under paragraph (1), the
Secretary may approve as a project on the the (!1) surface
transportation program for payment from sums apportioned under
section 104(b)(3) for carrying out any capital transit project
eligible for assistance under chapter 53 of title 49, capital
improvement to provide access and coordination between intercity
and rural bus service, and construction of facilities to provide
connections between highway transportation and other modes of
transportation.
(b) Sums apportioned in accordance with section 104(b)(4) shall
be available to finance the Federal share of projects for exclusive
or preferential high occupancy vehicle, truck, and emergency
vehicle routes or lanes. Routes constructed under this subsection
shall not be subject to the third sentence of section 109(b) of
this title.
(c) Accommodation of Other Modes of Transportation. - The
Secretary may approve as a project on any Federal-aid system for
payment from sums apportioned under section 104(b) modifications to
existing highway facilities on such system necessary to accommodate
other modes of transportation if such modifications will not
adversely affect automotive safety.
(d) Metropolitan Planning. - Any project carried out under this
section in an urbanized area shall be subject to the metropolitan
planning requirements of section 134.
(e)(1) For all purposes of this title, a project authorized by
subsection (a)(1) of this section shall be deemed to be a highway
project.
(2) Notwithstanding section 209(f)(1) of the Highway Revenue Act
of 1956, the Highway Trust Fund shall be available for making
expenditures to meet obligations resulting from projects authorized
by subsection (a)(2) of this section and such projects shall be
subject to, and governed in accordance with, all provisions of this
title applicable to projects on the surface transportation program,
except to the extent determined inconsistent by the Secretary.
(3) The Federal share payable on account of projects authorized
by subsection (a) of this section shall be that provided in section
120 of this title.
(f) Availability of Rights-of-Way. - In any case where sufficient
land or air space exits (!2) within the publicly acquired rights-of-
way of any highway, constructed in whole or in part with Federal-
aid highway funds, to accommodate needed passenger, commuter, or
high speed rail, magnetic levitation systems, and highway and
nonhighway public mass transit facilities, the Secretary shall
authorize a State to make such lands, air space, and rights-of-way
available with or without charge to a publicly or privately owned
authority or company or any other person for such purposes if such
accommodation will not adversely affect automotive safety.
(g) The provision of assistance under subsection (a)(2) shall not
be construed as bringing within the application of chapter 15 of
title 5, United States Code, any non-supervisory employee of an
urban mass transportation system (or of any other agency or entity
performing related functions) to whom such chapter is otherwise
inapplicable.
(h) Funds available for expenditure to carry out the purposes of
subsection (a)(2) of this section shall be supplementary to and not
in substitution for funds authorized and available for obligation
pursuant to chapter 53 of title 49.
(i) The provisions of section 5323(a)(1)(D) (!3) of title 49
shall apply in carrying out subsection (a)(2) of this section.
-SOURCE-
(Added Pub. L. 91-605, title I, Sec. 111(a), Dec. 31, 1970, 84
Stat. 1719; amended Pub. L. 93-87, title I, Sec. 121(a), Aug. 13,
1973, 87 Stat. 259; Pub. L. 94-280, title I, Sec. 127, May 5, 1976,
90 Stat. 440; Pub. L. 97-424, title I, Sec. 120, Jan. 6, 1983, 96
Stat. 2111; Pub. L. 102-240, title I, Sec. 1027(a)-(e), title III,
Sec. 3003(b), Dec. 18, 1991, 105 Stat. 1966, 2088; Pub. L. 103-272,
Sec. 5(f)(2), July 5, 1994, 108 Stat. 1374; Pub. L. 103-429, Sec.
7(a)(4)(C), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 105-178, title
I, Sec. 1103(l)(3)(D), (4), June 9, 1998, 112 Stat. 126.)
-REFTEXT-
REFERENCES IN TEXT
Section 209(f)(1) of the Highway Revenue Act of 1956, referred to
in subsec. (e)(2), is set out as a note under section 120 of this
title.
Section 5323(a)(1)(D) of title 49, referred to in subsec. (i),
was omitted in the general amendment of section 5323(a)(1) of Title
49, Transportation, by Pub. L. 109-59, Title III, Sec. 3023(a)(1),
Aug. 10, 2005, 119 Stat. 1615.
-MISC1-
AMENDMENTS
1998 - Subsec. (b). Pub. L. 105-178, Sec. 1103(l)(4), substituted
"section 104(b)(4)" for "paragraph (5) of subsection (b) of section
104 of this title".
Subsec. (c). Pub. L. 105-178, Sec. 1103(l)(3)(D), struck out
"(other than section 104(b)(5)(A))" after "section 104(b)".
1994 - Subsec. (a)(2). Pub. L. 103-272, Sec. 5(f)(2)(A),
substituted "chapter 53 of title 49" for "the Federal Transit Act".
Subsec. (h). Pub. L. 103-272, Sec. 5(f)(2)(B), as amended by Pub.
L. 103-429, Sec. 7(a)(4)(C), substituted "chapter 53 of title 49"
for "the Federal Transit Act, as amended".
Subsec. (i). Pub. L. 103-272, Sec. 5(f)(2)(C), as amended by Pub.
L. 103-429, Sec. 7(a)(4)(C), substituted "section 5323(a)(1)(D) of
title 49" for "section 3(e)(4) of the Federal Transit Act, as
amended,".
1991 - Subsec. (a)(2). Pub. L. 102-240, Sec. 1027(a), struck out
", beginning with the fiscal year ending June 30, 1975," after "the
Secretary may", substituted "the surface transportation program"
for "Federal-aid urban system," and substituted "104(b)(3) for
carrying out any capital transit project eligible for assistance
under the Federal Transit Act, capital improvement to provide
access and coordination between intercity and rural bus service,
and construction of facilities to provide connections between
highway transportation and other modes of transportation." for
"104(b)(6) of this title, the purchase of buses, and, beginning
with the fiscal year ending June 30, 1976, approve as a project on
the Federal-aid urban system, for payment from sums apportioned
under section 104(b)(6) of this title, the construction,
reconstruction, and improvement of fixed rail facilities, including
the purchase of rolling stock for fixed rail, except that not more
than $200,000,000 of all sums apportioned for the fiscal year
ending June 30, 1975, under section 104(b)(6) shall be available
for the payment of the Federal share of projects for the purchase
of buses."
Subsec. (c). Pub. L. 102-240, Sec. 1027(b), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows:
"Whenever responsible local officials of an urbanized area notify
the State highway department that, in lieu of a highway project the
Federal share of which is to be paid from funds apportioned under
section 104(b)(6) of this title for the fiscal years ending June
30, 1974, and June 30, 1975, their needs require a nonhighway
public mass transit project involving the construction of fixed
rail facilities, or the purchase of passenger equipment, including
rolling stock for any mode of mass transit, or both, and the State
highway department determines that such public mass transit project
is in accordance with the planning process under section 134 of
this title and is entitled to priority under such planning process,
such public mass transit project shall be submitted for approval to
the Secretary. Approval of the plans, specifications, and estimates
for such project by the Secretary shall be deemed a contractual
obligation of the United States for payment out of the general
funds of its proportional share of the cost of such project in an
amount equal to the Federal share which would have been paid if
such project were a highway project under section 120(a) of this
title. Funds previously apportioned to such State under section
104(b)(6) of this title shall be reduced by an amount equal to such
Federal share."
Subsec. (d). Pub. L. 102-240, Sec. 1027(c), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "The
establishment of routes and schedules of such public mass
transportation systems in urbanized areas shall be based upon a
continuing comprehensive transportation planning process carried on
in accordance with section 134 of this title."
Subsec. (e)(2). Pub. L. 102-240, Sec. 1027(e)(1), substituted
"surface transportation program" for "Federal-aid urban system".
Subsec. (f). Pub. L. 102-240, Sec. 1027(e)(2), (3), redesignated
subsec. (g) as (f) and struck out former subsec. (f) which read as
follows: "No project authorized by this section shall be approved
unless the Secretary of Transportation has received assurances
satisfactory to him from the State that high occupancy vehicles
will fully utilize the proposed project."
Subsec. (g). Pub. L. 102-240, Sec. 1027(e)(3), (4), redesignated
subsec. (h) as (g) and struck out "or subsection (c) of this
section" after "(a)(2)". Former subsec. (g) redesignated (f).
Pub. L. 102-240, Sec. 1027(d), amended subsec. (g) generally.
Prior to amendment, subsec. (g) read as follows: "In any case where
sufficient land exists within the publicly acquired rights-of-way
of any Federal-aid highway to accommodate needed rail or non-
highway public mass transit facilities and where this can be
accomplished without impairing automotive safety or future highway
improvements, the Administrator may authorize a State to make such
lands and rights-of-way available without charge to a publicly
owned mass transit authority for such purposes wherever he may deem
that the public interest will be served thereby."
Subsec. (h). Pub. L. 102-240, Sec. 3003(b), substituted "Federal
Transit Act" for "Urban Mass Transportation Act of 1964".
Pub. L. 102-240, Sec. 1027(e)(3), (5), redesignated subsec. (i)
as (h) and struck out "and subsection (c)" after "(a)(2)". Former
subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 102-240, Sec. 3003(b), substituted "Federal
Transit Act" for "Urban Mass Transportation Act of 1964".
Pub. L. 102-240, Sec. 1027(e)(3), (5), redesignated subsec. (j)
as (i) and struck out "and subsection (c)" after "(a)(2)". Former
subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 102-240, Sec. 1027(e)(3), redesignated
subsec. (j) as (i).
Subsec. (k). Pub. L. 102-240, Sec. 1027(e)(2), struck out subsec.
(k) which read as follows: "The Secretary shall not approve any
project under subsection (a)(2) of this section in any fiscal year
when there has been enacted an Urban Transportation Trust Fund or
similar assured funding for both highway and public
transportation."
1983 - Subsec. (a)(1). Pub. L. 97-424, Sec. 120(a), inserted "and
the cost of providing shuttle service to and from the facility"
after "of the facility", and "and for providing such shuttle
service" after "operating the facility".
Pub. L. 97-424, Sec. 120(b)(1), substituted "high occupancy
vehicle lanes" for "bus lanes" after "preferential", and "high
occupancy vehicle and" for "bus and other" after "facilities to
serve".
Subsec. (b). Pub. L. 97-424, Sec. 120(b)(2), substituted "high
occupancy vehicle" for "bus" after "preferential".
Subsec. (f). Pub. L. 97-424, Sec. 120(b)(3), substituted "high
occupancy vehicles" for "public mass transportation systems".
1976 - Subsec. (a)(1). Pub. L. 94-280, Sec. 127(a), inserted
provision that if fees are charged for the use of any parking
facility constructed under this section, the rate thereof shall not
be in excess of that required for maintenance and operation of the
facility (including compensation to any person for operating the
facility).
Subsec. (e)(3). Pub. L. 94-280, Sec. 127(b), substituted "section
120 of this title" for "section 120 of this section".
1973 - Subsec. (a). Pub. L. 93-87 designated existing provisions
as par. (1), substituted "operating motor vehicles (other than on
rail) on Federal-aid highways" for "operating motor vehicles on
highways, other than on rails", struck out "within urbanized areas"
after " 'buses')", inserted "for the movement of persons" after
"Federal-aid systems", and substituted provisions respecting
availability of sums apportioned under section 104(b) of this title
for prior provisions for such sums apportioned in accordance with
pars. (3), (5), and (6) of section 104(b) of this title, and added
par. (2).
Subsec. (b). Pub. L. 93-87 added subsec. (b). Former subsec. (b)
redesignated (d).
Subsec. (c). Pub. L. 93-87 added subsec. (c). Former subsec. (c)
incorporated in subsec. (e)(1), (3) of this section.
Subsec. (d). Pub. L. 93-87 redesignated former subsec. (b) as
(d), inserted "in urbanized areas" after "transportation systems",
and struck out former subsec. (d) provisions which prohibited any
project authorized by this section, other than a project for fringe
or transportation parking facilities, from being approved unless
the project would avoid the construction of a highway project which
increases automobile traffic capacity, would provide a capacity for
the movement of persons at least equal to that which would be
provided by the avoided highway project, and would not exceed in
the amount of the Federal share, the Federal share of the cost of
the avoided highway project; or no other feasible or prudent
highway project could provide the additional capacity for the
movement of persons by motor vehicles on highways (other than on
rails) provided by this project.
Subsec. (e). Pub. L. 93-87 incorporated provisions of former
subsec. (c) in pars. (1) and (3) and added par. (2). Former subsec.
(e) redesignated (f).
Subsec. (f). Pub. L. 93-87 redesignated former subsec. (e) as (f)
and substituted "will fully utilize" for "will have adequate
capability to fully utilize".
Subsecs. (g) to (k). Pub. L. 93-87 added subsecs. (g) to (k).
EFFECTIVE DATE OF 1994 AMENDMENT
Section 7(a) of Pub. L. 103-429 provided in part that the
amendment made by that section is effective July 5, 1994.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 1027 of Pub. L. 102-240 effective Dec. 18,
1991, and applicable to funds authorized to be appropriated or made
available after Sept. 30, 1991, and, with certain exceptions, not
applicable to funds appropriated or made available on or before
Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as a
note under section 104 of this title.
RURAL HIGHWAY TRANSPORTATION DEMONSTRATION PROGRAM; APPROPRIATIONS
AUTHORIZATION; PUBLIC NOTICE AND HEARING
Section 147 of Pub. L. 93-87, as amended by Pub. L. 93-643, Sec.
103, Jan. 4, 1975, 88 Stat. 2282; Pub. L. 94-280, title I, Sec.
129, May 5, 1976, 90 Stat. 440; Pub. L. 95-599, title I, Sec. 132,
Nov. 6, 1978, 92 Stat. 2708, provided for authorization of
appropriations of $15,000,000 for the fiscal year ending June 30,
1975, and $60,000,000 for the fiscal year ending June 30, 1976, to
carry out demonstration projects for public mass transportation
projects in rural and small urban areas, authorized availability of
such sums for a period of two years after the close of the fiscal
year for which authorized, and required public notice and hearing
for such projects.
TRANSPORTATION FOR ELDERLY AND HANDICAPPED PERSONS
Pub. L. 93-643, Sec. 105(a), Jan. 4, 1975, 88 Stat. 2282,
provided that: "It is hereby declared to be the national policy
that elderly and handicapped persons have the same right as other
persons to utilize mass transportation facilities and services;
that special efforts shall be made in the planning, design,
construction, and operation of mass transportation facilities and
services so that the availability to elderly and handicapped
persons of mass transportation which they can effectively utilize
will be assured; and that all Federal programs offering assistance
for mass transportation (including the programs under title 23,
United States Code, the Federal-Aid Highway Act of 1973, and this
Act [see Short Title of 1973 Amendment note under 101 of this
title]) effectively implement this policy."
BUS AND OTHER PROJECT STANDARDS
Section 165 of Pub. L. 93-87, as amended by Pub. L. 93-643, Sec.
105(b), Jan. 4, 1975, 88 Stat. 2283, provided that:
"(a) The Secretary of Transportation shall require that buses
acquired with Federal financial assistance under (1) subsection (a)
or (c) of section 142 of title 23, United States Code, (2)
paragraph (4) of subsection (e) of section 103, title 23, United
States Code, or (3) section 147 of the Federal-aid Highway Act of
1973 [set out as a note under this section] meet the standards
prescribed by the Administrator of the Environmental Protection
Agency under section 202 of the Clean Air Act [section 7521 of
Title 42, The Public Health and Welfare], and under section 6 of
the Noise Control Act of 1972 [section 4905 of Title 42], and shall
authorize the acquisition, wherever practicable, of buses which
meet the special criteria for low-emission vehicles set forth in
section 212 of the Clean Air Act [section 7546 of Title 42], and
for low-noise-emission products set forth in section 15 of the
Noise Control Act of 1972 [section 4914 of Title 42].
"(b) The Secretary of Transportation shall require that projects
receiving Federal financial assistance under (1) subsection (a) or
(c) of section 142 of title 23, United States Code, (2) paragraph
(4) of subsection (e) of section 103, title 23, United States Code,
or (3) section 147 of the Federal-Aid Highway Act of 1973 [set out
as a note above] shall be planned, designed, constructed, and
operated to allow effective utilization by elderly or handicapped
persons who, by reason of illness, injury, age, congenital
malfunction, or other permanent or temporary incapacity or
disability, including those who are nonambulatory wheelchair-bound
and those with semiambulatory capabilities, are unable without
special facilities or special planning or design to utilize such
facilities and services effectively. The Secretary shall not
approve any program or project to which this section applies which
does not comply with the provisions of this subsection requiring
access to public mass transportation facilities, equipment, and
services for elderly or handicapped persons."
-FOOTNOTE-
(!1) So in original.
(!2) So in original. Probably should be "exists".
(!3) See References in Text note below.
-End-
-CITE-
23 USC Sec. 143 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 143. Highway use tax evasion projects
-STATUTE-
(a) State Defined. - In this section, the term "State" means the
50 States and the District of Columbia.
(b) Projects. -
(1) In general. - The Secretary shall carry out highway use tax
evasion projects in accordance with this subsection.
(2) Allocation of funds. - Funds made available to carry out
this section may be allocated to the Internal Revenue Service and
the States at the discretion of the Secretary; except that of
funds so made available for each of fiscal years 2005 through
2009, $2,000,000 shall be available only to carry out
intergovernmental enforcement efforts, including research and
training.
(3) Conditions on funds allocated to internal revenue service. -
Except as otherwise provided in this section, the Secretary
shall not impose any condition on the use of funds allocated to
the Internal Revenue Service under this subsection.
(4) Limitation on use of funds. - Funds made available to carry
out this section shall be used only -
(A) to expand efforts to enhance motor fuel tax enforcement;
(B) to fund additional Internal Revenue Service staff, but
only to carry out functions described in this paragraph;
(C) to supplement motor fuel tax examinations and criminal
investigations;
(D) to develop automated data processing tools to monitor
motor fuel production and sales;
(E) to evaluate and implement registration and reporting
requirements for motor fuel taxpayers;
(F) to reimburse State expenses that supplement existing fuel
tax compliance efforts;
(G) to analyze and implement programs to reduce tax evasion
associated with other highway use taxes;
(H) to support efforts between States and Indian tribes to
address issues relating to State motor fuel taxes; and
(I) to analyze and implement programs to reduce tax evasion
associated with foreign imported fuel.
(5) Maintenance of effort. - The Secretary may not make an
allocation to a State under this subsection for a fiscal year
unless the State certifies that the aggregate expenditure of
funds of the State, exclusive of Federal funds, for motor fuel
tax enforcement activities will be maintained at a level that
does not fall below the average level of such expenditure for the
preceding 2 fiscal years of the State.
(6) Federal share. - The Federal share of the cost of a project
carried out under this subsection shall be 100 percent.
(7) Period of availability. - Funds authorized to carry out
this section shall remain available for obligation for a period
of 3 years after the last day of the fiscal year for which the
funds are authorized.
(8) Use of surface transportation program funding. - In
addition to funds made available to carry out this section, a
State may expend up to 1/4 of 1 percent of the funds
apportioned to the State for a fiscal year under section
104(b)(3) on initiatives to halt the evasion of payment of motor
fuel taxes.
(9) Reports. - The Commissioner of the Internal Revenue Service
and each State shall submit to the Secretary an annual report
that describes the projects, examinations, and criminal
investigations funded by and carried out under this section. Such
report shall specify the estimated annual yield from such
projects, examinations, and criminal investigations.
(c) Excise Tax Fuel Reporting. -
(1) In general. - Not later than 90 days after the date of
enactment of the SAFETEA-LU, the Secretary shall enter into a
memorandum of understanding with the Commissioner of the Internal
Revenue Service for the purposes of -
(A) the additional development of capabilities needed to
support new reporting requirements and databases established
under such Act and the American Jobs Creation Act of 2004
(Public Law 108-357), and such other reporting requirements and
database development as may be determined by the Secretary, in
consultation with the Commissioner of the Internal Revenue
Service, to be useful in the enforcement of fuel excise taxes,
including provisions recommended by the Fuel Tax Enforcement
Advisory Committee,
(B) the completion of requirements needed for the electronic
reporting of fuel transactions from carriers and terminal
operators,
(C) the operation and maintenance of an excise summary
terminal activity reporting system and other systems used to
provide strategic analyses of domestic and foreign motor fuel
distribution trends and patterns,
(D) the collection, analysis, and sharing of information on
fuel distribution and compliance or noncompliance with fuel
taxes, and
(E) the development, completion, operation, and maintenance
of an electronic claims filing system and database and an
electronic database of heavy vehicle highway use payments.
(2) Elements of memorandum of understanding. - The memorandum
of understanding shall provide that -
(A) the Internal Revenue Service shall develop and maintain
any system under paragraph (1) through contracts,
(B) any system under paragraph (1) shall be under the control
of the Internal Revenue Service, and
(C) any system under paragraph (1) shall be made available
for use by appropriate State and Federal revenue, tax, and law
enforcement authorities, subject to section 6103 of the
Internal Revenue Code of 1986.
(3) Funding. - Of the amounts made available to carry out this
section for each of fiscal years 2005 through 2009, the Secretary
shall make available to the Internal Revenue Service such funds
as may be necessary to complete, operate, and maintain the
systems under paragraph (1) in accordance with this subsection.
(4) Reports. - Not later than September 30 of each year, the
Commissioner of the Internal Revenue Service shall provide
reports to the Secretary on the status of the Internal Revenue
Service projects funded under this subsection.
-SOURCE-
(Added Pub. L. 91-605, title I, Sec. 127(a), Dec. 31, 1970, 84
Stat. 1729; amended Pub. L. 93-87, title I, Sec. 122, Aug. 13,
1973, 87 Stat. 261; Pub. L. 105-178, title I, Sec. 1114(a), (c),
June 9, 1998, 112 Stat. 152; Pub. L. 105-206, title IX, Sec.
9002(h), July 22, 1998, 112 Stat. 836; Pub. L. 109-59, title I,
Sec. 1115(a), (b), Aug. 10, 2005, 119 Stat. 1175, 1176.)
-REFTEXT-
REFERENCES IN TEXT
The SAFETEA-LU, referred to in subsec. (c)(1), is Pub. L. 109-59,
Aug. 10, 2005, 119 Stat. 1144, also known as the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users.
For complete classification of this Act to the Code, see Short
Title of 2005 Amendments note set out under section 101 of this
title and Tables.
The American Jobs Creation Act of 2004, referred to in subsec.
(c)(1)(A), is Pub. L. 108-357, Oct. 22, 2004, 118 Stat. 1418, as
amended. For complete classification of this Act to the Code, see
Short Title of 2004 Amendments note set out under section 1 of
Title 26, Internal Revenue Code, and Tables.
Section 6103 of the Internal Revenue Code of 1986, referred to in
subsec. (c)(2)(C), is classified to section 6103 of Title 26,
Internal Revenue Code.
-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in
Pub. L. 102-240, title I, Sec. 1040, Dec. 18, 1991, 105 Stat. 1992,
as amended, which was set out as a note under section 101 of this
title, prior to repeal by Pub. L. 105-178, Sec. 1114(b)(2).
AMENDMENTS
2005 - Subsec. (b)(2). Pub. L. 109-59, Sec. 1115(a)(1), inserted
before period at end "; except that of funds so made available for
each of fiscal years 2005 through 2009, $2,000,000 shall be
available only to carry out intergovernmental enforcement efforts,
including research and training".
Subsec. (b)(3). Pub. L. 109-59, Sec. 1115(a)(2), substituted
"Except as otherwise provided in this section, the" for "The".
Subsec. (b)(4)(H), (I). Pub. L. 109-59, Sec. 1115(a)(3), added
subpars. (H) and (I).
Subsec. (b)(9). Pub. L. 109-59, Sec. 1115(a)(4), added par. (9).
Subsec. (c). Pub. L. 109-59, Sec. 1115(b), amended heading and
text of subsec. (c) generally, substituting provisions relating to
memorandum of understanding to be entered into by the Secretary
with the Commissioner of the Internal Revenue Service not later
than 90 days after the date of enactment of the SAFETEA-LU for
provisions relating to memorandum of understanding to be entered
into by the Secretary with the Commissioner of the Internal Revenue
Service not later than August 1, 1998.
1998 - Pub. L. 105-178 amended section catchline and text
generally, substituting provisions relating to highway use tax
evasion projects for provisions relating to economic growth center
development highways.
Subsec. (c)(1). Pub. L. 105-178, Sec. 1114(c)(1), as added by
Pub. L. 105-206, Sec. 9002(h), substituted "August 1" for "April
1".
Subsec. (c)(3). Pub. L. 105-178, Sec. 1114(c)(2), (3), as added
by Pub. L. 105-206, Sec. 9002(h), in heading inserted "priority"
after "Funding" and in text inserted "and prior to funding any
other activity under this section," after "2003,".
1973 - Subsec. (a). Pub. L. 93-87, Sec. 122(a), (c), substituted
"projects" for "demonstration projects" and "a Federal-aid system
(other than the Interstate System)" for "the Federal-aid primary
system" and deleted "to demonstrate the role that highways can
play" before "to promote".
Subsec. (b). Pub. L. 93-87, Sec. 122(a), substituted "projects"
for "demonstration projects" and "a Federal-aid system (other than
the Interstate System)" for "the Federal-aid primary system".
Subsec. (c). Pub. L. 93-87, Sec. 122(a), substituted "project"
for "demonstration project" and "a Federal-aid system (other than
the Interstate System)" for "the Federal-aid primary system".
Subsec. (d). Pub. L. 93-87, Sec. 122(a), substituted "highways on
the Federal-aid system on which such development highway is
located" for "Federal-aid primary highways".
Subsec. (e). Pub. L. 93-87, Sec. 122(b), inserted introductory
text "Except as otherwise provided in subsection (c) of this
section," and substituted "the Federal share of the cost of any
project for construction, reconstruction, or improvement of a
development highway under this section shall be the same as that
provided under this title for any other project on the Federal-aid
system on which such development highway is located" for "the
Federal share of the cost of any project for construction,
reconstruction, or improvement of a development highway under this
section shall be increased by not to exceed an additional 20 per
centum of the cost of such project, except that in no case shall
the Federal share exceed 95 per centum of the cost of such
project".
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
this title.
HIGHWAY USE TAX EVASION PROJECTS
Pub. L. 102-240, title VIII, Sec. 8002(g), (h), Dec. 18, 1991,
105 Stat. 2204, 2205, as amended by Pub. L. 105-178, title I, Sec.
1114(b)(3), June 9, 1998, 112 Stat. 154, provided that:
"(g) Use of Revenues for Enforcement of Highway Trust Fund Taxes.
- The Secretary of Transportation shall not impose any condition on
the use of funds transferred under section 143 of title 23, United
States Code, to the Internal Revenue Service. The Secretary of the
Treasury shall, at least 60 days before the beginning of each
fiscal year (after fiscal year 1992) for which such funds are to be
transferred, submit a report to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the
Senate detailing the increased enforcement activities to be
financed with such funds with respect to taxes referred to in
section 9503(b)(1) of the Internal Revenue Code of 1986 [26 U.S.C.
9503(b)(1)].
"[(h) Repealed. Pub. L. 105-178, title I, Sec. 1114(b)(3)(B),
June 9, 1998, 112 Stat. 154.]"
-End-
-CITE-
23 USC Sec. 144 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 144. Highway bridge program
-STATUTE-
(a) Finding and Declaration. - Congress finds and declares that
it is in the vital interest of the United States that a highway
bridge program be carried out to enable States to improve the
condition of their highway bridges over waterways, other
topographical barriers, other highways, and railroads through
replacement and rehabilitation of bridges that the States and the
Secretary determine are structurally deficient or functionally
obsolete and through systematic preventive maintenance of bridges.
(b) The Secretary, in consultation with the States, shall (1)
inventory all those highway bridges on any Federal-aid highway
which are bridges over waterways, other topographical barriers,
other highways, and railroads; (2) classify them according to
serviceability, safety, and essentiality for public use; (3) based
on that classification, assign each a priority for replacement or
rehabilitation; and (4) determine the cost of replacing each such
bridge with a comparable facility or of rehabilitating such bridge.
(c)(1) The Secretary, in consultation with the States, shall (1)
inventory all those highway bridges on public roads, other than
those on any Federal-aid highway, which are bridges over waterways,
other topographical barriers, other highways, and railroads, (2)
classify them according to serviceability, safety, and essentiality
for public use, (3) based on the classification, assign each a
priority for replacement or rehabilitation and (4) determine the
cost of replacing each such bridge with a comparable facility or of
rehabilitating such bridge.
(2) The Secretary may, at the request of a State, inventory
bridges, on and off Federal-aid highways, for historic
significance.
(3) Inventory of indian reservation and park bridges. - As part
of the activities carried out under paragraph (1), the Secretary,
in consultation with the Secretary of the Interior, shall (A)
inventory all those highway bridges on Indian reservation roads and
park roads which are bridges over waterways, other topographical
barriers, other highways, and railroads, (B) classify them
according to serviceability, safety, and essentiality for public
use, (C) based on the classification, assign each a priority for
replacement or rehabilitation, and (D) determine the cost of
replacing each such bridge with a comparable facility or of
rehabilitating such bridge.
(d) Participation. -
(1) Bridge replacement and rehabilitation. - On application by
a State or States to the Secretary for assistance for a highway
bridge that has been determined to be eligible for replacement or
rehabilitation under subsection (b) or (c), the Secretary may
approve Federal participation in -
(A) replacing the bridge with a comparable facility; or
(B) rehabilitating the bridge.
(2) Types of assistance. - On application by a State or States
to the Secretary, the Secretary may approve Federal assistance
for any of the following activities for a highway bridge that has
been determined to be eligible for replacement or rehabilitation
under subsection (b) or (c):
(A) Painting.
(B) Seismic retrofit.
(C) Systematic preventive maintenance.
(D) Installation of scour countermeasures.
(E) Application of calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable, minimally
corrosive anti-icing and de-icing compositions.
(3) Basis for determination. - The Secretary shall determine
the eligibility of highway bridges for replacement or
rehabilitation for each State based on structurally deficient and
functionally obsolete highway bridges in the State.
(4) Special rule for systematic preventive maintenance. -
Notwithstanding any other provision of this subsection, a State
may carry out a project under paragraph (2)(B), (2)(C), or (2)(D)
for a highway bridge without regard to whether the bridge is
eligible for replacement or rehabilitation under this section.
(e) Funds authorized to carry out this section shall be
apportioned among the several States on October 1 of the fiscal
year for which authorized in accordance with this subsection. Each
deficient bridge shall be placed into one of the following
categories: (1) Federal-aid highway bridges eligible for
replacement, (2) Federal-aid highway bridges eligible for
rehabilitation, (3) bridges not on Federal-aid highways eligible
for replacement, and (4) bridges not on Federal-aid highways
eligible for rehabilitation. The deck area of deficient bridges in
each category shall be multiplied by the respective unit price on a
State-by-State basis, as determined by the Secretary; and the total
cost in each State divided by the total cost of the deficient
bridges in all States shall determine the apportionment factors.
For purposes of the preceding sentence, if a State transfers funds
apportioned to the State under this section in a fiscal year
beginning after September 30, 1997, to any other apportionment of
funds to such State under this title, the total cost of deficient
bridges in such State and in all States to be determined for the
succeeding fiscal year shall be reduced by the amount of such
transferred funds. No State shall receive more than 10 per centum
or less than 0.25 per centum of the total apportionment for any one
fiscal year. The Secretary shall make these determinations based
upon the latest available data, which shall be updated annually.
Funds apportioned under this section shall be available for
expenditure for the period specified in section 118(b)(2). Any
funds not obligated at the expiration of such period shall be
reapportioned by the Secretary to the other States in accordance
with this subsection. The use of funds authorized under this
section to carry out a project for the seismic retrofit of a bridge
shall not affect the apportionment of funds under this section.
(f) Bridge Set-asides. -
(1) Designated projects. -
(A) In general. - Of the amounts authorized to be
appropriated to carry out the bridge program under this section
for each of the fiscal years 2006 through 2009, all but
$100,000,000 shall be apportioned as provided in subsection
(e). Such $100,000,000 shall be available as follows:
(i) $12,500,000 per fiscal year for the Golden Gate Bridge.
(ii) $18,750,000 per fiscal year for the construction of a
bridge joining the Island of Gravina to the community of
Ketchikan in Alaska.
(iii) $12,500,000 per fiscal year to the State of Nevada
for construction of a replacement of the federally owned
bridge over the Hoover Dam in the Lake Mead National
Recreation Area.
(iv) $12,500,000 per fiscal year to the State of Missouri
for construction of a structure over the Mississippi River to
connect the City of St. Louis, Missouri, to the State of
Illinois.
(v) $12,500,000 per fiscal year for replacement and
reconstruction of State maintained bridges in the State of
Oklahoma.
(vi) $4,500,000 per fiscal year for replacement of the
Missisquoi Bay Bridge and the removal of the Missisquoi Bay
causeway, Vermont.
(vii) $8,000,000 per fiscal year for replacement and
reconstruction of State-maintained bridges in the State of
Vermont.
(viii) $8,750,000 per fiscal year for design, planning, and
right-of-way acquisition for the Interstate Route 74 bridge
from Bettendorf, Iowa, to Moline, Illinois.
(ix) $10,000,000 per fiscal year for replacement and
reconstruction of State-maintained bridges in the State of
Oregon.
(B) Gravina access scoring. - The project described in
subparagraph (A)(ii) shall not be counted for purposes of the
reduction set forth in the fourth sentence of subsection (e).
(C) Period of availability. - Amounts made available to a
State under this paragraph shall remain available until
expended.
(2) Bridges not on federal-aid highways. -
(A) In general. - Not less than 15 percent of the amount
apportioned to each State in each of fiscal years 2005 through
2009 shall be expended for projects to replace, rehabilitate,
paint, perform systematic preventive maintenance or seismic
retrofit of, or apply calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable, minimally
corrosive anti-icing and de-icing compositions to, or install
scour countermeasures to, highway bridges located on public
roads, other than those on a Federal-aid highway, or to
complete the Warwick Intermodal Station (including the
construction of a people mover between the Station and the T.F.
Green Airport).
(B) Reduction of expenditures. - The Secretary, after
consultation with State and local officials, may reduce the
requirement for expenditure for bridges not on a Federal-aid
highway under subparagraph (A) with respect to the State if the
Secretary determines that the State has inadequate needs to
justify the expenditure.
(g) Notwithstanding any other provision of law, the General
Bridge Act of 1946 (33 U.S.C. 525-533) shall apply to bridges
authorized to be replaced, in whole or in part, by this section,
except that subsection (b) of section 502 of such Act of 1946 and
section 9 of the Act of March 3, 1899 (30 Stat. 1151) shall not
apply to any bridge constructed, reconstructed, rehabilitated, or
replaced with assistance under this title, if such bridge is over
waters (1) which are not used and are not susceptible to use in
their natural condition or by reasonable improvement as a means to
transport interstate or foreign commerce, and (2) which are (a) not
tidal, or (b) if tidal, used only by recreational boating, fishing,
and other small vessels less than 21 feet in length.
(h) Inventories and Reports. - The Secretary shall -
(1) report to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives on projects approved under this
section;
(2) annually revise the current inventories authorized by
subsections (b) and (c) of this section;
(3) report to such committees on such inventories; and
(4) report to such committees such recommendations as the
Secretary may have for improvements of the program authorized by
this section.
Such reports shall be submitted to such committees biennially.
(i) Sums apportioned to a State under this section shall be made
available for obligation throughout such State on a fair and
equitable basis.
(j) Not later than six months after the date of enactment of this
subsection, and periodically thereafter, the Secretary shall review
the procedure used in approving or disapproving applications
submitted under this section to determine what changes, if any, may
be made to expedite such procedure. Any such changes shall be
implemented by the Secretary as soon as possible. Not later than
nine months after the date of enactment of this subsection, the
Secretary shall submit a report to Congress which describes such
review and such changes, including any recommendations for
legislative changes.
(k) Notwithstanding any other provision of law, any bridge which
is owned and operated by an agency (1) which does not have taxing
powers, (2) whose functions include operating a federally assisted
public transit system subsidized by toll revenues, shall be
eligible for assistance under this section but the amount of such
assistance shall in no event exceed the cumulative amount which
such agency has expended for capital and operating costs to
subsidize such transit system. Before authorizing an expenditure of
funds under this subsection, the Secretary shall determine that the
applicant agency has insufficient reserves, surpluses, and
projected revenues (over and above those required for bridge and
transit capital and operating costs) to fund the necessary bridge
replacement or rehabilitation project. Any non-Federal funds
expended for the seismic retrofit of the bridge may be credited
toward the non-Federal share required as a condition of receipt of
any Federal funds for seismic retrofit of the bridge made available
after the date of the expenditure.
(l) Replacement of Destroyed Bridges and Ferryboat Service. -
(1) General rule. - Notwithstanding any other provision of this
section or of any other provision of law, a State may utilize any
of the funds provided under this section to construct any bridge
which -
(A) replaces any low water crossing (regardless of the length
of such low water crossing),
(B) replaces any bridge which was destroyed prior to 1965,
(C) replaces any ferry which was in existence on January 1,
1984, or
(D) replaces any road bridges rendered obsolete as a result
of United States Corps of Engineers flood control or
channelization projects and not rebuilt with funds from the
United States Corps of Engineers.
(2) Federal share. - The Federal share payable on any bridge
construction carried out under paragraph (1) shall be 80 percent
of the cost of such construction.
(m) Program for Bridges Not on Federal-Aid Highways. -
Notwithstanding any other provision of law, with respect to any
project not on a Federal-aid highway for the replacement of a
bridge or rehabilitation of a bridge which is wholly funded from
State and local sources, is eligible for Federal funds under this
section, is noncontroversial, is certified by the State to have
been carried out in accordance with all standards applicable to
such projects under this section, and is determined by the
Secretary upon completion to be no longer a deficient bridge, any
amount expended after the date of the enactment of this subsection
from State and local sources for such project in excess of 20
percent of the cost of construction thereof may be credited to the
non-Federal share of the cost of the projects in such State which
are eligible for Federal funds under this section. Such crediting
shall be in accordance with such procedures as the Secretary may
establish.
(n) Historic Bridge Program. -
(1) Coordination. - The Secretary shall, in cooperation with
the States, implement the programs described in this section in a
manner that encourages the inventory, retention, rehabilitation,
adaptive reuse, and future study of historic bridges.
(2) State inventory. - The Secretary shall require each State
to complete an inventory of all bridges on and off Federal-aid
highways to determine their historic significance.
(3) Eligibility. - Reasonable costs associated with actions to
preserve, or reduce the impact of a project under this chapter
on, the historic integrity of historic bridges shall be eligible
as reimbursable project costs under this title (including this
section) if the load capacity and safety features of the bridge
are adequate to serve the intended use for the life of the
bridge; except that in the case of a bridge which is no longer
used for motorized vehicular traffic, the costs eligible as
reimbursable project costs pursuant to this subsection shall not
exceed the estimated cost of demolition of such bridge.
(4) Preservation. - Any State which proposes to demolish a
historic bridge for a replacement project with funds made
available to carry out this section shall first make the bridge
available for donation to a State, locality, or responsible
private entity if such State, locality, or responsible entity
enters into an agreement to -
(A) maintain the bridge and the features that give it its
historic significance; and
(B) assume all future legal and financial responsibility for
the bridge, which may include an agreement to hold the State
transportation department harmless in any liability action.
Costs incurred by the State to preserve the historic bridge,
including funds made available to the State, locality, or private
entity to enable it to accept the bridge, shall be eligible as
reimbursable project costs under this chapter up to an amount not
to exceed the cost of demolition. Any bridge preserved pursuant
to this paragraph shall thereafter not be eligible for any other
funds authorized pursuant to this title.
(5) Historic bridge defined. - As used in this subsection,
"historic bridge" means any bridge that is listed on, or eligible
for listing on, the National Register of Historic Places.
(o) Applicability of State Standards for Projects. - A project
not on a Federal-aid highway under this section shall be designed,
constructed, operated, and maintained in accordance with State
laws, regulations, directives, safety standards, design standards,
and construction standards.
(p) As used in this section the term "rehabilitate" in any of its
forms means major work necessary to restore the structural
integrity of a bridge as well as work necessary to correct a major
safety defect.
(q) Annual Materials Report on New Bridge Construction and Bridge
Rehabilitation. - Not later than 1 year after the date of enactment
of this subsection, and annually thereafter, the Secretary shall
publish in the Federal Register a report describing construction
materials used in new Federal-aid bridge construction and bridge
rehabilitation projects.
(r) Federal Share. -
(1) In general. - Except as provided under paragraph (2), the
Federal share of the cost of a project payable from funds made
available to carry out this section shall be determined under
section 120(b).
(2) Interstate system. - The Federal share of the cost of a
project on the Interstate System payable from funds made
available to carry out this section shall be determined under
section 120(a).
-SOURCE-
(Added Pub. L. 91-605, title II, Sec. 204(a), Dec. 31, 1970, 84
Stat. 1741; amended Pub. L. 93-87, title II, Sec. 204, Aug. 13,
1973, 87 Stat. 284; Pub. L. 93-643, Sec. 113, Jan. 4, 1975, 88
Stat. 2286; Pub. L. 95-599, title I, Sec. 124(a), Nov. 6, 1978, 92
Stat. 2702; Pub. L. 96-106, Secs. 7, 8(a), Nov. 9, 1979, 93 Stat.
797; Pub. L. 97-327, Sec. 5(c), Oct. 15, 1982, 96 Stat. 1612; Pub.
L. 97-424, title I, Secs. 121(a), 122(a), Jan. 6, 1983, 96 Stat.
2111, 2112; Pub. L. 100-17, title I, Secs. 123(a)-(d)(1), (3), (e),
(f)(2), 128, 133(b)(11), Apr. 2, 1987, 101 Stat. 161-163, 167, 172;
Pub. L. 102-240, title I, Sec. 1028(a)-(f), Dec. 18, 1991, 105
Stat. 1967, 1968; Pub. L. 103-220, Sec. 1, Mar. 17, 1994, 108 Stat.
100; Pub. L. 104-59, title III, Secs. 318, 325(b), Nov. 28, 1995,
109 Stat. 588, 592; Pub. L. 105-178, title I, Secs. 1109,
1115(f)(3); June 9, 1998, 112 Stat. 141; Pub. L. 105-206, title IX,
Sec. 9002(i), July 22, 1998, 112 Stat. 836; Pub. L. 108-88, Sec.
2(b)(5), Sept. 30, 2003, 117 Stat. 1111; Pub. L. 108-202, Sec.
2(b)(3), Feb. 29, 2004, 118 Stat. 478; Pub. L. 108-224, Sec.
2(b)(2), Apr. 30, 2004, 118 Stat. 627; Pub. L. 108-263, Sec.
2(b)(2), June 30, 2004, 118 Stat. 698; Pub. L. 108-280, Sec.
2(b)(2), July 30, 2004, 118 Stat. 876; Pub. L. 108-310, Sec.
2(b)(5), Sept. 30, 2004, 118 Stat. 1145; Pub. L. 109-14, Sec.
2(b)(3), May 31, 2005, 119 Stat. 324; Pub. L. 109-20, Sec. 2(b)(2),
July 1, 2005, 119 Stat. 346; Pub. L. 109-35, Sec. 2(b)(2), July 20,
2005, 119 Stat. 379; Pub. L. 109-37, Sec. 2(b)(2), July 22, 2005,
119 Stat. 394; Pub. L. 109-40, Sec. 2(b)(2), July 28, 2005, 119
Stat. 410; Pub. L. 109-59, title I, Sec. 1114, Aug. 10, 2005, 119
Stat. 1172; Pub. L. 110-244, title I, Sec. 101(m)(1), June 6, 2008,
122 Stat. 1575.)
-REFTEXT-
REFERENCES IN TEXT
The General Bridge Act of 1946, referred to in subsec. (g), is
title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended,
which is classified generally to subchapter III (Sec. 525 et seq.)
of chapter 11 of Title 33, Navigation and Navigable Waters. For
complete classification of this Act to the Code, see Short Title
note set out under section 525 of Title 33 and Tables.
Section 502(b) of such Act of 1946, referred to in subsec. (g),
is section 502(b) of act Aug. 2, 1946, which is classified to
section 525(b) of Title 33.
Section 9 of the Act of March 3, 1899, referred to in subsec.
(g), is section 9 of act Mar. 3, 1899, ch. 425, 30 Stat. 1151,
which is classified to section 401 of Title 33.
The date of enactment of this subsection, referred to in subsec.
(j), is the date of enactment of Pub. L. 95-599, which was approved
Nov. 6, 1978.
The date of the enactment of this subsection, referred to in
subsec. (m), is the date of enactment of Pub. L. 100-17, which was
approved Apr. 2, 1987.
The date of enactment of this subsection, referred to in subsec.
(q), is the date of enactment of Pub. L. 109-59, which was approved
Aug. 10, 2005.
-MISC1-
AMENDMENTS
2008 - Pub. L. 110-244, Sec. 101(m)(1)(A), struck out
"replacement and rehabilitation" after "Highway bridge" in section
catchline.
Subsecs. (b)(1), (c)(1)(1). Pub. L. 110-244, Sec. 101(m)(1)(B),
substituted "Federal-aid highway" for "Federal-aid system".
Subsec. (c)(2). Pub. L. 110-244, Sec. 101(m)(1)(C), substituted
"Federal-aid highways" for "the Federal-aid system".
Subsec. (d)(4). Pub. L. 110-244, Sec. 101(m)(1)(D), inserted
"systematic" before "preventive" in heading.
Subsec. (e)(1), (2). Pub. L. 110-244, Sec. 101(m)(1)(B),
substituted "Federal-aid highway" for "Federal-aid system".
Subsec. (e)(3), (4). Pub. L. 110-244, Sec. 101(m)(1)(E),
substituted "bridges not on Federal-aid highways" for "off-system
bridges".
Subsec. (f). Pub. L. 110-244, Sec. 101(m)(1)(F), (G),
redesignated subsec. (g) as (f) and struck out former subsec. (f)
which read as follows: "The Federal share payable on account of any
project under this section shall be 80 per centum of the cost
thereof."
Subsec. (f)(1)(A)(vi). Pub. L. 110-244, Sec. 101(m)(1)(H),
inserted "and the removal of the Missisquoi Bay causeway" after
"Bridge".
Subsec. (f)(2). Pub. L. 110-244, Sec. 101(m)(1)(I), inserted
heading and struck out former heading "Off-system bridges".
Subsecs. (g) to (l). Pub. L. 110-244, Sec. 101(m)(1)(G),
redesignated subsecs. (h) to (m) as (g) to (l), respectively.
Former subsec. (g) redesignated (f).
Subsec. (m). Pub. L. 110-244, Sec. 101(m)(1)(G), (J),
redesignated subsec. (n) as (m), inserted heading, and struck out
former heading "Off-System Bridge Program". Former subsec. (m)
redesignated (l).
Subsec. (n). Pub. L. 110-244, Sec. 101(m)(1)(G), redesignated
subsec. (o) as (n). Former subsec. (n) redesignated (m).
Subsec. (n)(4)(B). Pub. L. 110-244, Sec. 101(m)(1)(K),
substituted "State transportation department" for "State highway
agency".
Subsec. (o). Pub. L. 110-244, Sec. 101(m)(1)(G), redesignated
subsec. (p) as (o). Former subsec. (o) redesignated (n).
Subsec. (o)(2). Pub. L. 110-244, Sec. 101(m)(1)(C), substituted
"Federal-aid highways" for "the Federal-aid system".
Subsecs. (p) to (s). Pub. L. 110-244, Sec. 101(m)(1)(G),
redesignated subsecs. (p) to (s) as (o) to (r), respectively.
2005 - Subsec. (a). Pub. L. 109-59, Sec. 1114(a), inserted
heading and amended text of subsec. (a) generally. Prior to
amendment, text read as follows: "Congress hereby finds and
declares it to be in the vital interest of the Nation that a
highway bridge replacement and rehabilitation program be
established to enable the several States to replace or rehabilitate
highway bridges over waterways, other topographical barriers, other
highways, or railroads when the States and the Secretary finds that
a bridge is significantly important and is unsafe because of
structural deficiencies, physical deterioration, or functional
obsolescence."
Subsec. (d). Pub. L. 109-59, Sec. 1114(b), inserted heading and
amended text of subsec. (d) generally. Prior to amendment, text
related to approval of Federal participation in replacement or
rehabilitation of bridges.
Subsec. (e). Pub. L. 109-59, Sec. 1114(c), in third sentence,
substituted "deck area" for "square footage", in fourth sentence,
struck out "the total cost of deficient bridges in a State and in
all States shall be reduced by the total cost of any highway
bridges constructed under subsection (m) in such State, relating to
replacement of destroyed bridges and ferryboat services, and,"
after "For purposes of the preceding sentence,", and, in seventh
sentence, substituted "for the period specified in section
118(b)(2)" for "for the same period as funds apportioned for
projects on the Federal-aid primary system under this title".
Subsec. (g). Pub. L. 109-59, Sec. 1114(e)(2)(A), substituted
"Bridge Set-asides" for "Set Asides" in heading.
Subsec. (g)(1). Pub. L. 109-59, Sec. 1114(e)(2)(A), added par.
(1) and struck out heading and text of former par. (1), which
related to apportionments for the discretionary bridge program for
fiscal years 1992 through 2005.
Subsec. (g)(1)(C). Pub. L. 109-59, Sec. 1114(e)(1), substituted
"2005" for "2003" in heading and text.
Subsec. (g)(2). Pub. L. 109-59, Sec. 1114(e)(2)(C), redesignated
par. (3) as (2).
Pub. L. 109-59, Sec. 1114(e)(2)(A), (B), both amended subsec. (g)
by striking out heading and text of par. (2). Text read as follows:
"Subject to section 149(d) of the Federal-Aid Highway Act of 1987,
amounts made available by paragraph (1) for obligation at the
discretion of the Secretary may be obligated only -
"(A) for a project for a highway bridge the replacement or
rehabilitation cost of which is more than $10,000,000, and
"(B) for a project for a highway bridge the replacement or
rehabilitation cost of which is less than $10,000,000 if such
cost is at least twice the amount apportioned to the State in
which such bridge is located under subsection (e) for the fiscal
year in which application is made for a grant for such bridge."
Subsec. (g)(3). Pub. L. 109-59, Sec. 1114(e)(2)(C), redesignated
par. (3) as (2).
Pub. L. 109-59, Sec. 1114(d), reenacted heading without change
and amended text of par. (3) generally. Prior to amendment, text
read as follows: "Not less than 15 percent nor more than 35 percent
of the amount apportioned to each State in each of fiscal years
1987 through 2004 and in the period of October 1, 2004, through
July 30, 2005, shall be expended for projects to replace,
rehabilitate, paint or seismic retrofit, or apply calcium magnesium
acetate, sodium acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and de-icing
compositions or install scour countermeasures to highway bridges
located on public roads, other than those on a Federal-aid highway.
The Secretary, after consultation with State and local officials,
may, with respect to such State, reduce the requirement for
expenditure for bridges not on a Federal-aid highway when the
Secretary determines that such State has inadequate needs to
justify such expenditure."
Pub. L. 109-40 substituted "July 30" for "July 27".
Pub. L. 109-37 substituted "July 27" for "July 21".
Pub. L. 109-35 substituted "July 21" for "July 19".
Pub. L. 109-20 substituted "July 19" for "June 30".
Pub. L. 109-14 substituted "June 30" for "May 31".
Subsec. (i). Pub. L. 109-59, Sec. 1114(g), struck out "at the
same time as the report required by section 307(f) of this title is
submitted to Congress" after "biennially" in concluding provisions.
Subsecs. (r), (s). Pub. L. 109-59, Sec. 1114(f), added subsecs.
(r) and (s).
2004 - Subsec. (g)(3). Pub. L. 108-310 inserted "and in the
period of October 1, 2004, through May 31, 2005," after "2004".
Pub. L. 108-280 substituted "2004" for "2003 and in the period of
October 1, 2003, through July 31, 2004,".
Pub. L. 108-263 substituted "July 31" for "June 30".
Pub. L. 108-224 substituted "June 30" for "April 30".
Pub. L. 108-202 substituted "April 30" for "February 29".
2003 - Subsec. (g)(3). Pub. L. 108-88 inserted "and in the period
of October 1, 2003, through February 29, 2004," after "2003".
1998 - Subsec. (d). Pub. L. 105-178, Sec. 1109(d)(1), (2),
inserted ", sodium acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and de-icing
compositions or installing scour countermeasures" after "magnesium
acetate" and inserted "or sodium acetate/formate or such anti-icing
or de-icing composition or installation of such countermeasures"
after "such acetate" in two places.
Subsec. (e). Pub. L. 105-178, Sec. 1109(a), inserted ", and, if a
State transfers funds apportioned to the State under this section
in a fiscal year beginning after September 30, 1997, to any other
apportionment of funds to such State under this title, the total
cost of deficient bridges in such State and in all States to be
determined for the succeeding fiscal year shall be reduced by the
amount of such transferred funds" after "destroyed bridges and
ferryboat services".
Subsec. (g)(1). Pub. L. 105-178, Sec. 1109(b), designated
existing provisions as subpar. (A), inserted heading, realigned
margins, and added subpars. (B) and (C).
Subsec. (g)(3). Pub. L. 105-178, Sec. 1109(c), (d)(3),
substituted "through 2003" for "1988, 1989, 1990, 1991, 1992, 1993,
1994, 1995, 1996, and 1997,", substituted "Federal-aid highway" for
"Federal-aid system" in two places, and inserted ", sodium
acetate/formate, or other environmentally acceptable, minimally
corrosive anti-icing and de-icing compositions or install scour
countermeasures" after "magnesium acetate".
Subsec. (g)(4). Pub. L. 105-178, Sec. 1115(f)(3), as added by
Pub. L. 105-206, Sec. 9002(i), struck out heading and text of par.
(4). Text read as follows: "Not less than 1 percent of the amount
apportioned to each State which has an Indian reservation within
its boundaries for each fiscal year shall be expended for projects
to replace, rehabilitate, paint, or apply calcium magnesium acetate
to highway bridges located on Indian reservation roads. Upon
determining a State bridge apportionment and before transferring
funds to the States, the Secretary shall transfer the Indian
reservation bridge allocation under this paragraph to the Secretary
of the Interior for expenditure pursuant to this paragraph. The
Secretary, after consultation with State and Indian tribal
government officials and with the concurrence of the Secretary of
the Interior, may, with respect to such State, reduce the
requirement for expenditure for bridges under this paragraph when
the Secretary determines that there are inadequate needs to justify
such expenditure. The non-Federal share payable on account of such
a project may be provided from funds made available for Indian
reservation roads under chapter 2 of this title."
Subsec. (n). Pub. L. 105-178, Sec. 1109(e), substituted "Federal-
aid highway" for "Federal-aid system".
1995 - Subsec. (i)(1). Pub. L. 104-59, Sec. 325(b), substituted
"Committee on Transportation and Infrastructure" for "Committee on
Public Works and Transportation".
Subsec. (l). Pub. L. 104-59, Sec. 318, inserted at end "Any non-
Federal funds expended for the seismic retrofit of the bridge may
be credited toward the non-Federal share required as a condition of
receipt of any Federal funds for seismic retrofit of the bridge
made available after the date of the expenditure."
1994 - Subsec. (d). Pub. L. 103-220, Sec. 1(1), inserted before
period at end of third sentence ", except that a State may carry
out a project for seismic retrofit of a bridge under this section
without regard to whether the bridge is eligible for replacement or
rehabilitation under this section".
Subsec. (e). Pub. L. 103-220, Sec. 1(2), inserted at end "The use
of funds authorized under this section to carry out a project for
the seismic retrofit of a bridge shall not affect the apportionment
of funds under this section."
1991 - Subsec. (c)(3). Pub. L. 102-240, Sec. 1028(a), added par.
(3).
Subsec. (d). Pub. L. 102-240, Sec. 1028(b), inserted "Whenever
any State makes application to the Secretary for assistance in
painting and seismic retrofit, or applying calcium magnesium
acetate to, the structure of a highway bridge, the Secretary may
approve Federal participation in the painting or seismic retrofit
of, or application of such acetate to, such structure." after first
sentence and "(other than projects for bridge structure painting or
seismic retrofit or application of such acetate)" after "projects"
in last sentence.
Subsec. (f). Pub. L. 102-240, Sec. 1028(c), substituted "project"
for "highway bridge replaced or rehabilitated".
Subsec. (g)(1). Pub. L. 102-240, Sec. 1028(d), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "Of the
amount authorized per fiscal year for each of fiscal years 1987,
1988, 1989, 1990, and 1991 by section 106(a)(5) of the Federal-Aid
Highway Act of 1987, all but $225,000,000 per fiscal year shall be
apportioned as provided in subsection (e) of this section.
$225,000,000 per fiscal year of the amount authorized for each of
such fiscal years shall be available for obligation on the date of
each such apportionment in the same manner and to the same extent
as the sums apportioned on such date, except that the obligation of
such $225,000,000 shall, subject to section 149(d) of the Federal-
Aid Highway Act of 1987, be at the discretion of the Secretary."
Subsec. (g)(3). Pub. L. 102-240, Sec. 1028(e)(1), substituted
"1991, 1992, 1993, 1994, 1995, 1996, and 1997" for "and 1991" and
", rehabilitate, paint or seismic retrofit, or apply calcium
magnesium acetate to" for "or rehabilitate".
Subsec. (g)(4). Pub. L. 102-240, Sec. 1028(f), added par. (4).
Subsecs. (p), (q). Pub. L. 102-240, Sec. 1028(e)(2), added
subsec. (p) and redesignated former subsec. (p) as (q).
1987 - Subsec. (e). Pub. L. 100-17, Sec. 133(b)(11), inserted at
end "Funds apportioned under this section shall be available for
expenditure for the same period as funds apportioned for projects
on the Federal-aid primary system under this title. Any funds not
obligated at the expiration of such period shall be reapportioned
by the Secretary to the other States in accordance with this
subsection."
Pub. L. 100-17, Sec. 123(d)(3), inserted after third sentence
"For purposes of the preceding sentence, the total cost of
deficient bridges in a State and in all States shall be reduced by
the total cost of any highway bridges constructed under subsection
(m) in such State, relating to replacement of destroyed bridges and
ferryboat services."
Subsec. (g). Pub. L. 100-17, Sec. 123(a), amended subsec. (g)
generally, revising and restating as pars. (1) to (3) provisions
formerly contained in pars. (1) and (2).
Subsec. (h). Pub. L. 100-17, Sec. 123(b), substituted "(1)" for
"which are not subject to the ebb and flow of the tide, and" and
added cl. (2).
Subsec. (i). Pub. L. 100-17, Sec. 128, substituted "307(f)" for
"307(e)" in last sentence.
Pub. L. 100-17, Sec. 123(c), amended subsec. (i) generally. Prior
to amendment, subsec. (i) read as follows: "The Secretary shall
report annually on projects approved under this section, shall
annually revise and report the current inventories authorized by
subsections (b) and (c) of this section, and shall report such
recommendations as he may have for improvement of the program
authorized by this section."
Subsec. (m). Pub. L. 100-17, Sec. 123(d)(1), added subsec. (m).
Former subsec. (m) redesignated (p).
Subsec. (n). Pub. L. 100-17, Sec. 123(e), which directed that
this section be amended by adding subsec. (n) after subsec. (l),
was executed by adding subsec. (n) after subsec. (m), to reflect
the probable intent of Congress.
Subsec. (o). Pub. L. 100-17, Sec. 123(f)(2), which directed that
this section be amended by adding subsec. (o) after subsec. (l),
was executed by adding subsec. (o) after subsec. (n), to reflect
the probable intent of Congress.
Subsec. (p). Pub. L. 100-17, Sec. 123(d)(1), redesignated former
subsec. (m) as (p).
1983 - Subsec. (e). Pub. L. 97-424, Sec. 121(a), substituted
provisions setting forth categorization, formula for apportionment
factors, and limitations respecting deficient bridges for
provisions relating to apportionment of funds for fiscal years
ending Sept. 30, 1979, through Sept. 30, 1983, availability for
expenditure of such funds, and reapportionment by the Secretary.
Pub. L. 97-327, Sec. 5(c)(1), substituted "September 30, 1982,
and September 30, 1983" for "and September 30, 1982".
Subsec. (g). Pub. L. 97-424, Sec. 122(a), designated existing
provisions as par. (1), struck out provisions added by section
5(c)(2) of Pub. L. 97-327 relating to apportionment of amounts for
fiscal year ending Sept. 30, 1983, and added par. (2).
Pub. L. 97-327, Sec. 5(c)(2), inserted provision that, of the
amount authorized for the fiscal year ending September 30, 1983, by
paragraph (1) of section 5(a) of the Federal-Aid Highway Act of
1982, all but $200,000,000 (multiplied by the factor determined
under section 4(a) of such Act) be apportioned, and that
$200,000,000 (multiplied by such factor) of the amount authorized
for such fiscal year be available for obligation on the date of
each such apportionment in the same manner and to the same extent
as the sums apportioned on such date with specific limitations
applicable to the obligation of such $200,000,000.
1979 - Subsec. (d). Pub. L. 96-106, Sec. 7(a), substituted "such
bridge with a comparable facility or in rehabilitating such bridge"
for "or rehabilitating such bridge with a comparable facility".
Subsec. (g). Pub. L. 96-106, Sec. 8(a), inserted ", and for any
project for a highway bridge the replacement or rehabilitation
costs of which is less than $10,000,000 if such costs is at least
twice the amount apportioned to the State in which such bridge is
located under subsection (e) of this section for the fiscal year in
which application is made for a grant for such bridge".
Subsec. (m). Pub. L. 96-106, Sec. 7(b), substituted "major work"
for "major repairs".
1978 - Subsec. (a). Pub. L. 95-599 substituted provisions
relating to Congressional findings as to highway bridge replacement
and rehabilitation for provisions relating to Congressional
findings as to special bridge replacement.
Subsec. (b). Pub. L. 95-599 added cl. (4).
Subsec. (c). Pub. L. 95-599 added subsec. (c). Former subsec. (c)
redesignated (d).
Subsec. (d). Pub. L. 95-599 redesignated former subsec. (c) as
(d) and among other amendments struck out provisions requiring
Secretary to consider economy of area and approval of projects
without regard to allocation formulas under this title.
Subsec. (e). Pub. L. 95-599 added subsec. (e). Former subsec. (e)
redesignated (g).
Subsec. (f). Pub. L. 95-599 redesignated former subsec. (d) as
(f), substituted "80" for "75", and inserted "highway" after
"account of any". Former subsec. (f) was struck out.
Subsec. (g). Pub. L. 95-599 redesignated former subsec. (e) as
(g) and inserted provisions authorizing appropriations for fiscal
years ending Sept. 30, 1979 through Sept. 30, 1982. Former subsec.
(g) redesignated (h).
Subsec. (h). Pub. L. 95-599 redesignated former subsec. (g) as
(h) and inserted provisions relating to exceptions to applications
of the General Bridge Act of 1946. Former subsec. (h) redesignated
(i).
Subsec. (i). Pub. L. 95-599 redesignated former subsec. (h) as
(i) and inserted provisions relating to revision and report of
current inventories.
Subsecs. (j) to (m). Pub. L. 95-599 added subsecs. (j) to (m).
1975 - Subsec. (e). Pub. L. 93-643 increased appropriations
authorization to $125,000,000 from $75,000,000 for fiscal year
ending June 30, 1976.
1973 - Subsec. (e). Pub. L. 93-87, Sec. 204(a), provided for
appropriations authorization of $25,000,000, $75,000,000, and
$75,000,000 for fiscal years ending June 30, 1974, 1975, and 1976.
Subsecs. (f) to (h). Pub. L. 93-87, Sec. 204(b), (c), added
subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and
(h), respectively.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-59, title I, Sec. 1114(e)(2), Aug. 10, 2005, 119
Stat. 1174, provided that the amendment made by section 1114(e)(2)
is effective Oct. 1, 2005.
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 123(d)(2) of Pub. L. 100-17 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to funds
apportioned to the States under section 144 of title 23, United
States Code, after September 30, 1986."
EFFECTIVE DATE OF 1983 AMENDMENT
Section 121(b) of Pub. L. 97-424 provided that: "The amendment
made by subsection (a) of this section [amending this section]
shall take effect October 1, 1982, and shall apply with respect to
each fiscal year beginning on or after such date. Notwithstanding
subsection (e) of section 144 of title 23, United States Code, as
soon as practical after the date of enactment of this Act [Jan. 6,
1983], the Secretary of Transportation shall apportion under such
subsection (e), as amended by subsection (a) of this section, sums
authorized to be appropriated to carry out such section 144 for the
fiscal year ending September 30, 1983."
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of reporting provisions
in subsec. (h)(1), (3), and (4) of this section, see section 3003
of Pub. L. 104-66, as amended, set out as a note under section 1113
of Title 31, Money and Finance, and page 135 of House Document No.
103-7.
USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES
Pub. L. 109-59, title I, Sec. 1805, Aug. 10, 2005, 119 Stat.
1459, provided that:
"(a) In General. - Any State that demolishes a bridge or an
overpass that is eligible for Federal assistance under the highway
bridge replacement and rehabilitation program under section 144 of
title 23, United States Code, is directed to first make the debris
from the demolition of such bridge or overpass available for
beneficial use by a Federal, State, or local government, unless
such use obstructs navigation.
"(b) Recipient Responsibilities. - A recipient of the debris
described in subsection (a) shall -
"(1) bear the additional cost associated with having the debris
made available;
"(2) ensure that placement of the debris complies with
applicable law; and
"(3) assume all future legal responsibility arising from the
placement of the debris, which may include entering into an
agreement to hold the owner of the demolished bridge or overpass
harmless in any liability action.
"(c) Definition. - In this section, the term 'beneficial use'
means the application of the debris for purposes of shore erosion
control or stabilization, ecosystem restoration, and marine habitat
creation."
NATIONAL HISTORIC COVERED BRIDGE PRESERVATION
Pub. L. 109-59, title I, Sec. 1804, Aug. 10, 2005, 119 Stat.
1458, provided that:
"(a) Definitions. - In this section, the following definitions
apply:
"(1) Historic covered bridge. - The term 'historic covered
bridge' means a covered bridge that is listed or eligible for
listing on the National Register of Historic Places.
"(2) State. - The term 'State' has the meaning such term has in
section 101(a) of title 23, United States Code.
"(b) Historic Covered Bridge Preservation. - The Secretary [of
Transportation] shall -
"(1) collect and disseminate information on historic covered
bridges;
"(2) conduct educational programs relating to the history and
construction techniques of historic covered bridges;
"(3) conduct research on the history of historic covered
bridges; and
"(4) conduct research on, and study techniques for, protecting
historic covered bridges from rot, fire, natural disasters, or
weight-related damage.
"(c) Grants. -
"(1) In general. - The Secretary [of Transportation] shall make
a grant to a State that submits an application to the Secretary
that demonstrates a need for assistance in carrying out one or
more historic covered bridge projects described in paragraph (2).
"(2) Eligible projects. - A grant under paragraph (1) may be
made for a project -
"(A) to rehabilitate or repair a historic covered bridge; or
"(B) to preserve a historic covered bridge, including through
-
"(i) installation of a fire protection system, including a
fireproofing or fire detection system and sprinklers;
"(ii) installation of a system to prevent vandalism and
arson; or
"(iii) relocation of a bridge to a preservation site.
"(3) Authenticity requirements. - A grant under paragraph (1)
may be made for a project only if -
"(A) to the maximum extent practicable, the project -
"(i) is carried out in the most historically appropriate
manner; and
"(ii) preserves the existing structure of the historic
covered bridge; and
"(B) the project provides for the replacement of wooden
components with wooden components, unless the use of wood is
impracticable for safety reasons.
"(d) Authorization of Appropriations. - There is authorized to be
appropriated to carry out this section, out of the Highway Trust
Fund (other than the Mass Transit Account), $10,000,000 for each of
fiscal years 2006 through 2009.
"(e) Applicability of Title 23. - Funds made available to carry
out this section shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of title
23, United States Code; except that the Federal share of the cost
of any project or activity carried out under this section shall be
determined in accordance with section 120 of such title, and such
funds shall remain available until expended and shall not be
transferable."
Pub. L. 105-178, title I, Sec. 1224, as added by Pub. L. 105-206,
title IX, Sec. 9003(a), July 22, 1998, 112 Stat. 837, provided
that:
"(a) Historic Covered Bridge Defined. - In this section, the term
'historic covered bridge' means a covered bridge that is listed or
eligible for listing on the National Register of Historic Places.
"(b) Historic Covered Bridge Preservation. - Subject to the
availability of appropriations under subsection (d), the Secretary
shall -
"(1) collect and disseminate information concerning historic
covered bridges;
"(2) foster educational programs relating to the history and
construction techniques of historic covered bridges;
"(3) conduct research on the history of historic covered
bridges; and
"(4) conduct research, and study techniques, on protecting
historic covered bridges from rot, fire, natural disasters, or
weight-related damage.
"(c) Direct Federal Assistance. -
"(1) In general. - Subject to the availability of
appropriations, the Secretary shall make a grant to a State that
submits an application to the Secretary that demonstrates a need
for assistance in carrying out 1 or more historic covered bridge
projects described in paragraph (2).
"(2) Types of project. - A grant under paragraph (1) may be
made for a project -
"(A) to rehabilitate or repair a historic covered bridge; and
"(B) to preserve a historic covered bridge, including through
-
"(i) installation of a fire protection system, including a
fireproofing or fire detection system and sprinklers;
"(ii) installation of a system to prevent vandalism and
arson; or
"(iii) relocation of a bridge to a preservation site.
"(3) Authenticity. - A grant under paragraph (1) may be made
for a project only if -
"(A) to the maximum extent practicable, the project -
"(i) is carried out in the most historically appropriate
manner; and
"(ii) preserves the existing structure of the historic
covered bridge; and
"(B) the project provides for the replacement of wooden
components with wooden components, unless the use of wood is
impracticable for safety reasons.
"(4) Federal share. - The Federal share of the cost of a
project carried out with a grant under this subsection shall be
80 percent.
"(d) Funding. - There is authorized to be appropriated to carry
out this section $10,000,000 for each of fiscal years 1999 through
2003. Such funds shall remain available until expended."
HIGHWAY TIMBER BRIDGE RESEARCH AND DEMONSTRATION PROGRAM
Section 1039 of Pub. L. 102-240, as amended by Pub. L. 102-388,
title IV, Sec. 408, Oct. 6, 1992, 106 Stat. 1564, provided that:
"(a) Research Grants. - The Secretary may make grants to other
Federal agencies, universities, private businesses, nonprofit
organizations, and any research or engineering entity to carry out
research on 1 or more of the following:
"(1) Development of new, economical highway timber bridge
systems.
"(2) Development of engineering design criteria for structural
wood products for use in highway bridges in order to improve
methods for characterizing lumber design properties.
"(3) Preservative systems for use in highway timber bridges
which demonstrate new alternatives and current treatment
processes and procedures and which are environmentally sound with
respect to application, use, and disposal of treated wood.
"(4) Alternative transportation system timber structures which
demonstrate the development of applications for railing, sign,
and lighting supports, sound barriers, culverts, and retaining
walls in highway applications.
"(5) Rehabilitation measures which demonstrate effective, safe,
and reliable methods for rehabilitating existing highway timber
structures.
"(b) Technology and Information Transfer. - The Secretary shall
take such action as may be necessary to ensure that the information
and technology resulting from research conducted under subsection
(a) is made available to State and local transportation departments
and other interested persons.
"(c) Construction Grants. -
"(1) Authority. - The Secretary shall make grants to States for
construction of highway timber bridges on public roads.
"(2) Applications. - A State interested in receiving a grant
under this subsection must submit an application therefor to the
Secretary. Such application shall be in such form and contain
such information as the Secretary may require by regulation.
"(3) Approval criteria. - The Secretary shall select and
approve applications for grants under this subsection based on
the following criteria:
"(A) Bridge designs which have both initial and long-term
structural and environmental integrity.
"(B) Bridge designs which utilize timber species native to
the State or region.
"(C) Innovative bridge designs which have the possibility of
increasing knowledge, cost effectiveness, and future use of
such designs.
"(D) Environmental practices for preservative treated timber,
and construction techniques which comply with all environmental
regulations, will be utilized.
"(d) Federal Share. - The Federal share of the costs of research
and construction projects carried out under this section shall be
80 percent.
"(e) Funding. - From the funds reserved from apportionment under
section 144(g)(1) [now 144(f)(1)] of title 23, United States Code,
for each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997 -
"(1) $1,000,000 shall be available to the Secretary for
carrying out subsections (a) and (b); and
"(2) $7,500,000 ($7,000,000 in the case of fiscal year 1992)
shall be available to the Secretary for carrying out subsection
(c).
Such sums shall remain available until expended.
"(f) State Defined. - For purposes of this section, the term
'State' has the meaning such term has under section 101 of title
23, United States Code."
FEASIBILITY OF INTERNATIONAL BORDER HIGHWAY INFRASTRUCTURE
DISCRETIONARY PROGRAM
Section 1089 of Pub. L. 102-240 directed Secretary of
Transportation to conduct a study of advisability and feasibility
of establishing an international border highway infrastructure
discretionary program and, not later than Sept. 30, 1993, transmit
to Congress a report on results of the study, together with any
recommendations.
HISTORIC BRIDGES; CONGRESSIONAL FINDINGS AND DECLARATIONS
Section 123(f)(1) of Pub. L. 100-17 provided that: "Congress
hereby finds and declares it to be in the national interest to
encourage the rehabilitation, reuse and preservation of bridges
significant in American history, architecture, engineering and
culture. Historic bridges are important links to our past, serve as
safe and vital transportation routes in the present, and can
represent significant resources for the future."
STUDY BY TRANSPORTATION RESEARCH BOARD ON EFFECTS OF BRIDGE PROGRAM
ON PRESERVATION AND REHABILITATION OF HISTORIC BRIDGES;
RECOMMENDATION OF STANDARDS FOR REHABILITATION OF HISTORIC BRIDGES;
REPORT
Section 123(f)(3) of Pub. L. 100-17 provided that:
"(A) Transportation research board. - The Secretary shall make
appropriate arrangements with the Transportation Research Board of
the National Academy of Sciences to carry out a study on the
effects of the bridge program conducted under section 144 of title
23, United States Code, on the preservation and rehabilitation of
historic bridges. The Transportation Research Board shall also
develop recommendations of specific standards which shall apply
only to the rehabilitation of historic bridges, and shall provide
an analysis of any other factors which would serve to enhance the
rehabilitation of historic bridges.
"(B) Report. - Not later than 1 year after entering into
appropriate arrangements under subparagraph (A), the Transportation
Research Board shall submit to the Secretary and the Committee on
Environment and Public Works of the Senate and the Committee on
Public Works and Transportation of the House of Representatives a
report on the results of the study conducted under subparagraph (A)
and on the recommendations developed pursuant to subparagraph (A)."
STUDY OF HIGHWAY BRIDGES WHICH CROSS RAIL LINES; REPORT
Section 160 of Pub. L. 100-17 directed Secretary to conduct a
comprehensive study and investigation of improvement and
maintenance needs for highway bridges which cross rail lines and
whose ownership has been disputed and, not later than 30 months
after Apr. 2, 1987, submit to Congress a report on the study and
investigation along with recommendations on how the bridge needs
could best be addressed on a long term basis in a cost-effective
manner.
FOUR-LANE BRIDGES
Section 130 of Pub. L. 97-424 provided that: "Whenever any law of
the United States, enacted after January 1, 1970, and before the
date of enactment of this Act [Jan. 6, 1983], authorizes payment,
in financing the relocation of an existing road, for the cost of
construction of a two-lane bridge with a substructure and deck
truss capable of supporting a four-lane bridge, payment for the
cost of completing the construction of such bridge as a four-lane
bridge is authorized upon the completion of such substructure and
deck truss."
DISCRETIONARY BRIDGE CRITERIA
Section 161 of Pub. L. 97-424, as amended by Pub. L. 100-17,
title I, Sec. 123(h), Apr. 2, 1987, 101 Stat. 164, provided that:
"The Secretary of Transportation shall develop a selection process
for discretionary bridges authorized to be funded under section
144(g) [now 144(f)] of title 23, United States Code, and shall
propose and issue a final regulation no later than six months after
the date of enactment of this Act [Jan. 6, 1983], including a
formula resulting in a rating factor based on the following
criteria for such process. Such criteria shall give funding
priority to those discretionary bridges already eligible under
section 144(g) of title 23, United States Code, including a bridge
replacement of which was partially funded under the Supplemental
Appropriations Act, 1983 [Pub. L. 98-63] (97 Stat. 341). Eligible
bridges after the issuance of a final regulation shall only include
those with a rating factor of one hundred or less, based on a scale
of zero to infinity. The criteria for such additional bridges which
the Secretary shall consider are:
"(1) sufficiency rating computed as illustrated in appendix A
of the Recording and Coding Guide for the Structure Inventory and
Appraisal of the Nation's Bridges, USDOT/FHWA (latest edition);
"(2) average daily traffic using the most current value from
the national bridge inventory data;
"(3) average daily truck traffic;
"(4) defense highway system status;
"(5) the State's unobligated balance of funds received under
section 144 of title 23, United States Code, and the total funds
received under section 144 of title 23, United States Code;
"(6) total project cost; and
"(7) special consideration should be given to bridges closed to
all traffic or restricted to loads less than ten tons. Other
unique considerations and the need to administer the program from
a balanced national perspective should also be considered."
TRANSFER OF DISCRETIONARY BRIDGE FUNDS
Section 8(b) of Pub. L. 96-106 provided for the transfer of
discretionary bridge funds authorized under subsec. (g) of this
section for fiscal year 1980 to a State's apportionment under
section 104(b)(6) of this title to repay funds obligated under
section 104(b)(6) between June 1 and July 31, 1979, for bridge
projects which are eligible for funding by virtue of the amendment
of subsec. (g) of this section by section 8(a) of Pub. L. 96-106.
TIME FOR COMPLETION OF INVENTORY AND CLASSIFICATION OF HIGHWAY
BRIDGES
Section 124(c) of Pub. L. 95-599 directed Secretary of
Transportation to complete the requirements of subsec. (c) of this
section, as amended by subsec. (a) of section 124 of Pub. L. 95-
599, not later than the last day of the second full calendar year
which begins after Nov. 6, 1978.
ACCELERATION OF BRIDGE PROJECTS; OHIO RIVER BRIDGE FUND
REPROGRAMMING; REPORTS TO CONGRESS
Section 147 of Pub. L. 95-599, as amended by Pub. L. 96-106, Sec.
15, Nov. 19, 1979, 93 Stat. 798; Pub. L. 99-272, title IV, Sec.
4105, Apr. 7, 1986, 100 Stat. 116, directed Secretary of
Transportation to conduct two projects to construct or replace high-
traffic-volume bridges on the Federal-aid highway system which
span major bodies of water in order to demonstrate the feasibility
of reducing the time required to replace unsafe bridges; authorized
funds for the projects; directed Secretary to report to Congress
within six months after the completion of each project; redirected
certain funds in excess of amounts needed to complete the projects
for use in further projects for construction of three state-of-the-
art Ohio River bridges linking designated cities in Kentucky and
Ohio; and directed Secretary to report to Congress within a year
after the completion of these bridges.
-End-
-CITE-
23 USC Sec. 145 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 145. Federal-State relationship
-STATUTE-
(a) Protection of State Sovereignty. - The authorization of the
appropriation of Federal funds or their availability for
expenditure under this chapter shall in no way infringe on the
sovereign rights of the States to determine which projects shall be
federally financed. The provisions of this chapter provide for a
federally assisted State program.
(b) Purpose of Projects. - The projects described in section 1702
of the SAFETEA-LU, section 1602 of the Transportation Equity Act
for the 21st Century, sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 2027 et
seq.), and section 149(a) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are
intended to establish eligibility for Federal-aid highway funds
made available for such projects by section 1101(a)(16) of the
SAFETEA-LU, section 1101(a)(13) of the Transportation Equity Act
for the 21st Century, section 117 of this title, sections 1103
through 1108 of the Intermodal Surface Transportation Efficiency
Act of 1991, and subsections (b), (c), and (d) of section 149 of
the Surface Transportation and Uniform Relocation Assistance Act of
1987, respectively, and are not intended to define the scope or
limits of Federal action in a manner inconsistent with subsection
(a).
-SOURCE-
(Added Pub. L. 93-87, title I, Sec. 123(a), Aug. 13, 1973, 87 Stat.
261; amended Pub. L. 105-178, title I, Sec. 1601(b), June 9, 1998,
112 Stat. 256; Pub. L. 109-59, title I, Sec. 1701(e), Aug. 10,
2005, 119 Stat. 1256.)
-REFTEXT-
REFERENCES IN TEXT
Section 1702 of the SAFETEA-LU, referred to in subsec. (b), is
section 1702 of Pub. L. 109-59, title I, Aug. 10, 2005, 119 Stat.
1256, which is not classified to the Code.
Section 1602 of the Transportation Equity Act for the 21st
Century, referred to in subsec. (b), is section 1602 of Pub. L. 105-
178, title I, June 9, 1998, 112 Stat. 256, which is not classified
to the Code.
Sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991, referred to in subsec. (b),
are sections 1103 to 1108 of Pub. L. 102-240, title I, Dec. 18,
1991, 105 Stat. 2027-2063. See Tables for classification.
Section 149(a) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987, referred to in subsec. (b), is
section 149(a) of Pub. L. 100-17, title I, Apr. 2, 1987, 101 Stat.
181, which is not classified to the Code.
Section 1101(a)(16) of the SAFETEA-LU, referred to in subsec.
(b), is section 1101(a)(16) of Pub. L. 109-59, title I, Aug. 10,
2005, 119 Stat. 1155, which is not classified to the Code.
Section 1101(a)(13) of the Transportation Equity Act for the 21st
Century, referred to in subsec. (b), is section 1101(a)(13) of Pub.
L. 105-178, title I, June 9, 1998, 112 Stat. 113, which is not
classified to the Code.
-MISC1-
AMENDMENTS
2005 - Subsec. (b). Pub. L. 109-59 inserted "section 1702 of the
SAFETEA-LU," after "described in" and "section 1101(a)(16) of the
SAFETEA-LU," after "for such projects by" and substituted "section
117 of this title," for "117 of title 23, United States Code,".
1998 - Pub. L. 105-178 designated existing provisions as subsec.
(a), inserted heading, and added subsec. (b).
-End-
-CITE-
23 USC Sec. 146 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 146. Carpool and vanpool projects
-STATUTE-
(a) In order to conserve fuel, decrease traffic congestion during
rush hours, improve air quality, and enhance the use of existing
highways and parking facilities, the Secretary may approve for
Federal financial assistance from funds apportioned under sections
104(b)(1) and 104(b)(3) of this title, projects designed to
encourage the use of carpools and vanpools. (As used hereafter in
this section, the term "carpool" includes a vanpool.) Such a
project may include, but is not limited to, such measures as
providing carpooling opportunities to the elderly and handicapped,
systems for locating potential riders and informing them of
convenient carpool opportunities, acquiring vehicles appropriate
for carpool use, designating existing highway lanes as preferential
carpool highway lanes, providing related traffic control devices,
and designating existing facilities for use as preferential parking
for carpools.
(b) A project authorized by this section shall be subject to and
carried out in accordance with all provisions of this title, except
those provisions which the Secretary determines are inconsistent
with this section.
-SOURCE-
(Added Pub. L. 95-599, title I, Sec. 126(a), Nov. 6, 1978, 92 Stat.
2705; amended Pub. L. 105-178, title I, Sec. 1103(l)(1), June 9,
1998, 112 Stat. 125.)
-MISC1-
PRIOR PROVISIONS
A prior section 146, Pub. L. 93-87, title I, Sec. 125(a), Aug.
13, 1973, 87 Stat. 262, related to a special urban high density
traffic program, prior to repeal by Pub. L. 94-280, title I, Sec.
128(a), May 5, 1976, 90 Stat. 440.
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-178 substituted "sections
104(b)(1) and 104(b)(3)" for "sections 104(b)(1), 104(b)(2), and
104(b)(6)".
USE OF HIGH OCCUPANCY LANES
Pub. L. 97-424, title I, Sec. 163, Jan. 6, 1983, 96 Stat. 2136,
as amended by Pub. L. 100-17, title I, Sec. 133(a)(4), (5), Apr. 2,
1987, 101 Stat. 170, 171; Pub. L. 102-240, title I, Sec. 1056, Dec.
18, 1991, 105 Stat. 2002, provided that: "Notwithstanding any other
provision of this Act or any other law, no funds apportioned or
allocated to a State for Federal-aid highways shall be obligated
for a project for constructing, resurfacing, restoring,
rehabilitating, or reconstructing a Federal-aid highway which has a
lane designated as a carpool lane unless the use of such lane
includes use by motorcycles. Upon certification by the State to the
Secretary of Transportation, after notice in the Federal Register
and an opportunity for public comment, and acceptance of such
certification by the Secretary, the State may restrict such use by
motorcycles if such use would create a safety hazard. Any
certification made before the date of the enactment of the
Intermodal Surface Transportation Efficiency Act of 1991 [Dec. 18,
1991] shall not be recognized by the Secretary until the Secretary
publishes notice of such certification in the Federal Register and
provides an opportunity for public comment on such certification."
EXPENDITURE OF ADMINISTRATIVE FUNDS FOR CARPOOLING AND VANPOOLING
PROGRAMS
Pub. L. 97-424, title I, Sec. 123(b), Jan. 6, 1983, 96 Stat.
2113, provided that: "The Secretary of Transportation is authorized
and directed to expend such sums as are necessary out of the
administrative funds authorized by subsection (a) of section 104,
title 23, United States Code, to carry out the provisions of
subsection (d) of section 126 of the Federal-Aid Highway Act of
1978 [section 126(d) of Pub. L. 95-599, set out below]."
GRANTS TO STATES, COUNTIES, ETC., TO PROMOTE CARPOOLING AND
VANPOOLING PROGRAMS
Section 126(d)-(h) of Pub. L. 95-599, as amended by Pub. L. 102-
240, title III, Sec. 3004(b), Dec. 18, 1991, 105 Stat. 2088,
provided that:
"(d) It is hereby declared to be national policy that special
effort should be made to promote commuter modes of transportation
which conserve energy, reduce pollution, and reduce traffic
congestion. The Secretary is directed to assist both public and
private employers and employees who wish to establish carpooling
and vanpooling programs where they are needed and desired, and to
assist local and State governments, and their instrumentalities, in
encouraging such modes by removing legal and regulatory barriers to
such programs, supporting existing carpooling and vanpooling
programs, and providing technical assistance, for the purpose of
increasing participation in such modes.
"(e) The Secretary of Transportation is authorized to make grants
and loans to States, counties, municipalities, metropolitan
planning organizations, and other units of local and regional
government consistent with the policy of subsection (d) of this
section. Such grants and loans shall be awarded in a manner which
emphasizes energy conservation, although the Secretary may use
other factors as he deems appropriate. The Federal share of the
costs of any project approved under this subsection shall not
exceed 75 per centum. No grant awarded under this subsection may be
used for the purchase or lease of vehicles.
"(f) There is hereby authorized to be appropriated, out of the
Highway Trust Fund, not to exceed $1,000,000 for the fiscal year
ending September 30, 1979, $1,000,000 for the fiscal year ending
September 30, 1980, and $1,000,000 for the fiscal year ending
September 30, 1981, for expenditures incurred by the Secretary of
Transportation in carrying out the provisions of subsection (d) of
this section, and $3,000,000 for the fiscal year ending September
30, 1979, and $9,000,000 for the fiscal year ending September 30,
1980, for the purpose of carrying out the program described in
subsection (e) of this section.
"(g) The Secretary of Transportation shall not approve any
project under subsection (d) or (e) of this section or under
section 146 of title 23, United States Code; which will have an
adverse effect on any mass transportation system.
"(h) The Secretary of Transportation is directed to study the
administrative effectiveness of carpooling and vanpooling programs
within the Department of Transportation, including programs of the
Federal Highway Administration, the Federal Transit Administration,
and the Office of the Secretary. Such study shall be completed no
later than September 30, 1979. Upon completion of such study, the
Secretary shall propose a plan to centralize or modify such
programs to make delivery of services and grants more efficient,
more cost-effective, and to avoid duplication of effort. Such plan
shall list statutory changes needed to implement such a plan, which
shall be sent to Congress no later than March 30, 1980."
["Federal Transit Administration" substituted for "Urban Mass
Transit Administration" in section 126(h) of Pub. L. 95-599, set
out above, pursuant to section 3004(a) of Pub. L. 102-240, set out
as a note under section 107 of Title 49, Transportation.]
FEDERAL FACILITY RIDESHARING PROGRAM
For provisions relating to the Federal Facilities Ridesharing
Program, see Ex. Ord. No. 12191, Feb. 1, 1980, 45 F.R. 7997, set
out as a note under section 6361 of Title 42, The Public Health and
Welfare.
-End-
-CITE-
23 USC Sec. 147 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 147. Construction of ferry boats and ferry terminal facilities
-STATUTE-
(a) In General. - The Secretary shall carry out a program for
construction of ferry boats and ferry terminal facilities in
accordance with section 129(c).
(b) Federal Share. - The Federal share of the cost of
construction of ferry boats, ferry terminals, and ferry maintenance
facilities under this section shall be 80 percent.
(c) Allocation of Funds. - The Secretary shall give priority in
the allocation of funds under this section to those ferry systems,
and public entities responsible for developing ferries, that -
(1) provide critical access to areas that are not well-served
by other modes of surface transportation;
(2) carry the greatest number of passengers and vehicles; or
(3) carry the greatest number of passengers in passenger-only
service.
(d) Set-Aside for Projects on NHS. -
(1) In general. - $20,000,000 of the amount made available to
carry out this section for each of fiscal years 2005 through 2009
shall be obligated for the construction or refurbishment of ferry
boats and ferry terminal facilities and approaches to such
facilities within marine highway systems that are part of the
National Highway System.
(2) Alaska. - $10,000,000 of the $20,000,000 for a fiscal year
made available under paragraph (1) shall be made available to the
State of Alaska.
(3) New jersey. - $5,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made available
to the State of New Jersey.
(4) Washington. - $5,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made available
to the State of Washington.
(e) Period of Availability. - Notwithstanding section 118(b),
funds made available to carry out this section shall remain
available until expended.
(f) Applicability. - All provisions of this chapter that are
applicable to the National Highway System, other than provisions
relating to apportionment formula and Federal share, shall apply to
funds made available to carry out this section, except as
determined by the Secretary to be inconsistent with this section.
-SOURCE-
(Added Pub. L. 93-87, title I, Sec. 126(a), Aug. 13, 1973, 87 Stat.
263; amended Pub. L. 94-280, title I, Sec. 130, May 5, 1976, 90
Stat. 440; Pub. L. 105-178, title I, Sec. 1212(a)(2)(A)(i), June 9,
1998, 112 Stat. 193; Pub. L. 109-59, title I, Sec. 1801(a), Aug.
10, 2005, 119 Stat. 1455.)
-MISC1-
AMENDMENTS
2005 - Pub. L. 109-59 amended section catchline and text
generally, substituting provisions relating to program for
construction of ferry boats and ferry terminal facilities for
provisions relating to selection of high traffic sections of
highways as priority primary routes for priority of improvement to
supplement the service provided by the Interstate System by
furnishing needed adequate traffic collector and distributor
facilities.
1998 - Subsec. (a). Pub. L. 105-178 substituted "State
transportation department" for "State highway department".
1976 - Subsec. (b). Pub. L. 94-280 amended subsec. (b) generally,
striking out apportionment provisions.
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 109-59, title I, Sec. 1801(d), Aug. 10, 2005, 119 Stat.
1456, provided that: "In addition to amounts made available to
carry out section 147 of title 23, United States Code, by section
1101 of this Act [119 Stat. 1153], there are authorized to be
appropriated such sums as may be necessary to carry out such
section 147 for fiscal year 2006 and each fiscal year thereafter.
Such funds shall remain available until expended."
-End-
-CITE-
23 USC Sec. 148 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 148. Highway safety improvement program
-STATUTE-
(a) Definitions. - In this section, the following definitions
apply:
(1) High risk rural road. - The term "high risk rural road"
means any roadway functionally classified as a rural major or
minor collector or a rural local road -
(A) on which the accident rate for fatalities and
incapacitating injuries exceeds the statewide average for those
functional classes of roadway; or
(B) that will likely have increases in traffic volume that
are likely to create an accident rate for fatalities and
incapacitating injuries that exceeds the statewide average for
those functional classes of roadway.
(2) Highway safety improvement program. - The term "highway
safety improvement program" means the program carried out under
this section.
(3) Highway safety improvement project. -
(A) In general. - The term "highway safety improvement
project" means a project described in the State strategic
highway safety plan that -
(i) corrects or improves a hazardous road location or
feature; or
(ii) addresses a highway safety problem.
(B) Inclusions. - The term "highway safety improvement
project" includes a project for one or more of the following:
(i) An intersection safety improvement.
(ii) Pavement and shoulder widening (including addition of
a passing lane to remedy an unsafe condition).
(iii) Installation of rumble strips or another warning
device, if the rumble strips or other warning devices do not
adversely affect the safety or mobility of bicyclists,
pedestrians, and the disabled.
(iv) Installation of a skid-resistant surface at an
intersection or other location with a high frequency of
accidents.
(v) An improvement for pedestrian or bicyclist safety or
safety of the disabled.
(vi) Construction of any project for the elimination of
hazards at a railway-highway crossing that is eligible for
funding under section 130, including the separation or
protection of grades at railway-highway crossings.
(vii) Construction of a railway-highway crossing safety
feature, including installation of protective devices.
(viii) The conduct of a model traffic enforcement activity
at a railway-highway crossing.
(ix) Construction of a traffic calming feature.
(x) Elimination of a roadside obstacle.
(xi) Improvement of highway signage and pavement markings.
(xii) Installation of a priority control system for
emergency vehicles at signalized intersections.
(xiii) Installation of a traffic control or other warning
device at a location with high accident potential.
(xiv) Safety-conscious planning.
(xv) Improvement in the collection and analysis of crash
data.
(xvi) Planning integrated interoperable emergency
communications equipment, operational activities, or traffic
enforcement activities (including police assistance) relating
to workzone safety.
(xvii) Installation of guardrails, barriers (including
barriers between construction work zones and traffic lanes
for the safety of motorists and workers), and crash
attenuators.
(xviii) The addition or retrofitting of structures or other
measures to eliminate or reduce accidents involving vehicles
and wildlife.
(xix) Installation and maintenance of signs (including
fluorescent, yellow-green signs) at pedestrian-bicycle
crossings and in school zones.
(xx) Construction and yellow-green signs at pedestrian-
bicycle crossings and in school zones.
(xxi) Construction and operational improvements on high
risk rural roads.
(4) Safety project under any other section. -
(A) In general. - The term "safety project under any other
section" means a project carried out for the purpose of safety
under any other section of this title.
(B) Inclusion. - The term "safety project under any other
section" includes a project to promote the awareness of the
public and educate the public concerning highway safety matters
(including motorcyclist safety) and a project to enforce
highway safety laws.
(5) State highway safety improvement program. - The term "State
highway safety improvement program" means projects or strategies
included in the State strategic highway safety plan carried out
as part of the State transportation improvement program under
section 135(g).
(6) State strategic highway safety plan. - The term "State
strategic highway safety plan" means a plan developed by the
State transportation department that -
(A) is developed after consultation with -
(i) a highway safety representative of the Governor of the
State;
(ii) regional transportation planning organizations and
metropolitan planning organizations, if any;
(iii) representatives of major modes of transportation;
(iv) State and local traffic enforcement officials;
(v) persons responsible for administering section 130 at
the State level;
(vi) representatives conducting Operation Lifesaver;
(vii) representatives conducting a motor carrier safety
program under section 31102, 31106, or 31309 of title 49;
(viii) motor vehicle administration agencies; and
(ix) other major State and local safety stakeholders;
(B) analyzes and makes effective use of State, regional, or
local crash data;
(C) addresses engineering, management, operation, education,
enforcement, and emergency services elements (including
integrated, interoperable emergency communications) of highway
safety as key factors in evaluating highway projects;
(D) considers safety needs of, and high-fatality segments of,
public roads;
(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 those
locations, in terms of accidents, injuries, deaths, traffic
volume levels, and other relevant data;
(C) adopt strategic and performance-based goals that -
(i) address traffic safety, including behavioral and
infrastructure problems and opportunities on all public
roads;
(ii) focus resources on areas of greatest need; and
(iii) are coordinated with other State highway safety
programs;
(D) advance the capabilities of the State for traffic records
data collection, analysis, and integration with other sources
of safety data (such as road inventories) in a manner that -
(i) complements the State highway safety program under
chapter 4 and the commercial vehicle safety plan under
section 31102 of title 49;
(ii) includes all public roads;
(iii) identifies hazardous locations, sections, and
elements on public roads that constitute a danger to
motorists (including motorcyclists), bicyclists, pedestrians,
the disabled, and other highway users; and
(iv) includes a means of identifying the relative severity
of hazardous locations described in clause (iii) in terms of
accidents, injuries, deaths, and traffic volume levels;
(E)(i) determine priorities for the correction of hazardous
road locations, sections, and elements (including railway-
highway crossing improvements), as identified through crash
data analysis;
(ii) identify opportunities for preventing the development of
such hazardous conditions; and
(iii) establish and implement a schedule of highway safety
improvement projects for hazard correction and hazard
prevention; and
(F)(i) establish an evaluation process to analyze and assess
results achieved by highway safety improvement projects carried
out in accordance with procedures and criteria established by
this section; and
(ii) use the information obtained under clause (i) in setting
priorities for highway safety improvement projects.
(d) Eligible Projects. -
(1) In general. - A State may obligate funds apportioned to the
State under section 104(b)(5) to carry out -
(A) any highway safety improvement project on any public road
or publicly owned bicycle or pedestrian pathway or trail; or
(B) as provided in subsection (e), other safety projects.
(2) Use of other funding for safety. -
(A) Effect of section. - Nothing in this section prohibits
the use of funds made available under other provisions of this
title for highway safety improvement projects.
(B) Use of other funds. - States are encouraged to address
the full scope of their safety needs and opportunities by using
funds made available under other provisions of this title
(except a provision that specifically prohibits that use).
(e) Flexible Funding for States With a Strategic Highway Safety
Plan. -
(1) In general. - To further the implementation of a State
strategic highway safety plan, a State may use up to 10 percent
of the amount of funds apportioned to the State under section
104(b)(5) for a fiscal year to carry out safety projects under
any other section as provided in the State strategic highway
safety plan if the State certifies that -
(A) the State has met needs in the State relating to railway-
highway crossings; and
(B) the State has met the State's infrastructure safety needs
relating to highway safety improvement projects.
(2) Other transportation and highway safety plans. - Nothing in
this subsection requires a State to revise any State process,
plan, or program in effect on the date of enactment of this
section.
(f) High Risk Rural Roads. -
(1) In general. - After making an apportionment under section
104(b)(5) for a fiscal year beginning after September 30, 2005,
the Secretary shall ensure, from amounts made available to carry
out this section for such fiscal year, that a total of
$90,000,000 of such apportionment is set aside by the States,
proportionally according to the share of each State of the total
amount so apportioned, for use only for construction and
operational improvements on high risk rural roads.
(2) Special rule. - A State may use funds apportioned to the
State pursuant to this subsection for any project under this
section if the State certifies to the Secretary that the State
has met all of State needs for construction and operational
improvements on high risk rural roads.
(g) Reports. -
(1) In general. - A State shall submit to the Secretary a
report that -
(A) describes progress being made to implement highway safety
improvement projects under this section;
(B) assesses the effectiveness of those improvements; and
(C) describes the extent to which the improvements funded
under this section contribute to the goals of -
(i) reducing the number of fatalities on roadways;
(ii) reducing the number of roadway-related injuries;
(iii) reducing the occurrences of roadway-related crashes;
(iv) mitigating the consequences of roadway-related
crashes; and
(v) reducing the occurrences of crashes at railway-highway
crossings.
(2) Contents; schedule. - The Secretary shall establish the
content and schedule for a report under paragraph (1).
(3) Transparency. - The Secretary shall make reports submitted
under subsection (c)(1)(D) available to the public through -
(A) the Web site of the Department; and
(B) such other means as the Secretary determines to be
appropriate.
(4) Discovery and admission into evidence of certain reports,
surveys, and information. - Notwithstanding any other provision
of law, reports, surveys, schedules, lists, or data compiled or
collected for any purpose directly relating to paragraph (1) or
subsection (c)(1)(D), or published by the Secretary in accordance
with paragraph (3), shall not be subject to discovery or admitted
into evidence in a Federal or State court proceeding or
considered for other purposes in any action for damages arising
from any occurrence at a location identified or addressed in such
reports, surveys, schedules, lists, or other data.
(h) Federal Share of Highway Safety Improvement Projects. -
Except as provided in sections 120 and 130, the Federal share of
the cost of a highway safety improvement project carried out with
funds apportioned to a State under section 104(b)(5) shall be 90
percent.
-SOURCE-
(Added Pub. L. 93-87, title I, Sec. 129(b), Aug. 13, 1973, 87 Stat.
265; amended Pub. L. 95-599, title I, Secs. 125, 129(d), Nov. 6,
1978, 92 Stat. 2705, 2707; Pub. L. 109-59, title I, Sec.
1401(a)(1), Aug. 10, 2005, 119 Stat. 1219.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of this section, referred to in subsec.
(e)(2), probably means the date of enactment of Pub. L. 109-59,
which amended this section generally and was approved Aug. 10,
2005.
-MISC1-
AMENDMENTS
2005 - Pub. L. 109-59 amended section catchline and text
generally, substituting provisions relating to a highway safety
improvement program for provisions relating to development of the
Great River Road, a national scenic and recreational highway.
1978 - Subsec. (a)(5). Pub. L. 95-599, Sec. 125(b), inserted
provision authorizing charging of a fee in certain cases to cover
operational costs.
Subsec. (e). Pub. L. 95-599, Sec. 129(d), substituted "75 per
centum" for "70 per centum".
Subsec. (h). Pub. L. 95-599, Sec. 125(a), added subsec. (h).
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by section 129(d) of Pub. L. 95-599 effective with
respect to obligations incurred after Nov. 6, 1978, see section
129(h) of Pub. L. 95-599, set out as a note under section 120 of
this title.
TRANSITION
Pub. L. 109-59, title I, Sec. 1401(d), formerly Sec. 1401(e),
Aug. 10, 2005, 119 Stat. 1227, renumbered Sec. 1401(d) by Pub. L.
110-244, title I, Sec. 101(s)(1), June 6, 2008, 122 Stat. 1577,
provided that:
"(1) Implementation. - Except as provided in paragraph (2), the
Secretary [of Transportation] shall approve obligations of funds
apportioned under section 104(b)(5) of title 23, United States Code
(as added by subsection (b)), to carry out section 148 of that
title, only if, not later than October 1 of the second fiscal year
beginning after the date of enactment of this Act [Aug. 10, 2005],
a State has developed and implemented a State strategic highway
safety plan as required pursuant to section 148(c) of that title.
"(2) Interim period. -
"(A) In general. - Before October 1 of the second fiscal year
after the date of enactment of this Act and until the date on
which a State develops and implements a State strategic highway
safety plan, the Secretary shall apportion funds to a State for
the highway safety improvement program and the State may obligate
funds apportioned to the State for the highway safety improvement
program under section 148 for projects that were eligible for
funding under sections 130 and 152 of that title, as in effect on
the day before the date of enactment of this Act.
"(B) No strategic highway safety plan. - If a State has not
developed a strategic highway safety plan by October 1, 2007, the
State shall receive for the highway safety improvement program
for each subsequent fiscal year until the date of development of
such plan an amount that equals the amount apportioned to the
State for that program for fiscal year 2007."
-End-
-CITE-
23 USC Sec. 149 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 149. Congestion mitigation and air quality improvement program
-STATUTE-
(a) Establishment. - The Secretary shall establish and implement
a congestion mitigation and air quality improvement program in
accordance with this section.
(b) Eligible Projects. - Except as provided in subsection (c), a
State may obligate funds apportioned to it under section 104(b)(2)
for the congestion mitigation and air quality improvement program
only for a transportation project or program if the project or
program is for an area in the State that is or was designated as a
nonattainment area for ozone, carbon monoxide, or particulate
matter under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)) and classified pursuant to section 181(a), 186(a), 188(a),
or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a),
7513(a), or 7513(b)) or is or was designated as a nonattainment
area under such section 107(d) after December 31, 1997, or is
required to prepare, and file with the Administrator of the
Environmental Protection Agency, maintenance plans under the Clean
Air Act (42 U.S.C. 7401 et seq.) and -
(1)(A)(i) if the Secretary, after consultation with the
Administrator determines, on the basis of information published
by the Environmental Protection Agency pursuant to section
108(f)(1)(A) of the Clean Air Act (other than clause (xvi)) that
the project or program is likely to contribute to -
(I) the attainment of a national ambient air quality
standard; or
(II) the maintenance of a national ambient air quality
standard in a maintenance area; and
(ii) a high level of effectiveness in reducing air pollution,
in cases of projects or programs where sufficient information is
available in the database established pursuant to subsection (h)
to determine the relative effectiveness of such projects or
programs; or,
(B) in any case in which such information is not available, if
the Secretary, after such consultation, determines that the
project or program is part of a program, method, or strategy
described in such section 108(f)(1)(A);
(2) if the project or program is included in a State
implementation plan that has been approved pursuant to the Clean
Air Act and the project will have air quality benefits;
(3) the Secretary, after consultation with the Administrator of
the Environmental Protection Agency, determines that the project
or program is likely to contribute to the attainment of a
national ambient air quality standard, whether through reductions
in vehicle miles traveled, fuel consumption, or through other
factors;
(4) to establish or operate a traffic monitoring, management,
and control facility or program, including advanced truck stop
electrification systems, if the Secretary, after consultation
with the Administrator of the Environmental Protection Agency,
determines that the facility or program is likely to contribute
to the attainment of a national ambient air quality standard;
(5) if the program or project improves traffic flow, including
projects to improve signalization, construct high occupancy
vehicle lanes, improve intersections, improve transportation
systems management and operations that mitigate congestion and
improve air quality, and implement intelligent transportation
system strategies and such other projects that are eligible for
assistance under this section on the day before the date of
enactment of this paragraph;
(6) if the project or program involves the purchase of
integrated, interoperable emergency communications equipment; or
(7) if the project or program is for -
(A) the purchase of diesel retrofits that are -
(i) for motor vehicles (as defined in section 216 of the
Clean Air Act (42 U.S.C. 7550)); or
(ii) published in the list under subsection (f)(2) for non-
road vehicles and non-road engines (as defined in section
216 of the Clean Air Act (42 U.S.C. 7550)) that are used in
construction projects that are -
(I) located in nonattainment or maintenance areas for
ozone, PM10, or PM2.5 (as defined under the Clean Air
Act (42 U.S.C. 7401 et seq.)); and
(II) funded, in whole or in part, under this title; or
(B) the conduct of outreach activities that are designed to
provide information and technical assistance to the owners and
operators of diesel equipment and vehicles regarding the
purchase and installation of diesel retrofits.
No funds may be provided under this section for a project which
will result in the construction of new capacity available to single
occupant vehicles unless the project consists of a high occupancy
vehicle facility available to single occupant vehicles only at
other than peak travel times. In areas of a State which are
nonattainment for ozone or carbon monoxide, or both, and for PM-10
resulting from transportation activities, the State may obligate
such funds for any project or program under paragraph (1) or (2)
without regard to any limitation of the Department of
Transportation relating to the type of ambient air quality standard
such project or program addresses.
(c) States Receiving Minimum Apportionment. -
(1) States without a nonattainment area. - If a State does not
have, and never has had, a nonattainment area designated under
the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use
funds apportioned to the State under section 104(b)(2) for any
project in the State that -
(A) would otherwise be eligible under this section as if the
project were carried out in a nonattainment or maintenance
area; or
(B) is eligible under the surface transportation program
under section 133.
(2) States with a nonattainment area. - If a State has a
nonattainment area or maintenance area and receives funds under
section 104(b)(2)(D) above the amount of funds that the State
would have received based on its nonattainment and maintenance
area population under subparagraphs (B) and (C) of section
104(b)(2), the State may use that portion of the funds not based
on its nonattainment and maintenance area population under
subparagraphs (B) and (C) of section 104(b)(2) for any project in
the State that -
(A) would otherwise be eligible under this section as if the
project were carried out in a nonattainment or maintenance
area; or
(B) is eligible under the surface transportation program
under section 133.
(d) Applicability of Planning Requirements. - Programming and
expenditure of funds for projects under this section shall be
consistent with the requirements of sections 134 and 135 of this
title.
(e) Partnerships With Nongovernmental Entities. -
(1) In general. - Notwithstanding any other provision of this
title and in accordance with this subsection, a metropolitan
planning organization, State transportation department, or other
project sponsor may enter into an agreement with any public,
private, or nonprofit entity to cooperatively implement any
project carried out under this section.
(2) Forms of participation by entities. - Participation by an
entity under paragraph (1) may consist of -
(A) ownership or operation of any land, facility, vehicle, or
other physical asset associated with the project;
(B) cost sharing of any project expense;
(C) carrying out of administration, construction management,
project management, project operation, or any other management
or operational duty associated with the project; and
(D) any other form of participation approved by the
Secretary.
(3) Allocation to entities. - A State may allocate funds
apportioned under section 104(b)(2) to an entity described in
paragraph (1).
(4) Alternative fuel projects. - In the case of a project that
will provide for the use of alternative fuels by privately owned
vehicles or vehicle fleets, activities eligible for funding under
this subsection -
(A) may include the costs of vehicle refueling
infrastructure, including infrastructure that would support the
development, production, and use of emerging technologies that
reduce emissions of air pollutants from motor vehicles, and
other capital investments associated with the project;
(B) shall include only the incremental cost of an alternative
fueled vehicle, as compared to a conventionally fueled vehicle,
that would otherwise be borne by a private party; and
(C) shall apply other governmental financial purchase
contributions in the calculation of net incremental cost.
(5) Prohibition on federal participation with respect to
required activities. - A Federal participation payment under this
subsection may not be made to an entity to fund an obligation
imposed under the Clean Air Act (42 U.S.C. 7401 et seq.) or any
other Federal law.
(f) Cost-Effective Emission Reduction Guidance. -
(1) Definitions. - In this subsection, the following
definitions apply:
(A) Administrator. - The term "Administrator" means the
Administrator of the Environmental Protection Agency.
(B) Diesel retrofit. - The term "diesel retrofit" means a
replacement, repowering, rebuilding, after treatment, or other
technology, as determined by the Administrator.
(2) Emission reduction guidance. - The Administrator, in
consultation with the Secretary, shall publish a list of diesel
retrofit technologies and supporting technical information for -
(A) diesel emission reduction technologies certified or
verified by the Administrator, the California Air Resources
Board, or any other entity recognized by the Administrator for
the same purpose;
(B) diesel emission reduction technologies identified by the
Administrator as having an application and approvable test plan
for verification by the Administrator or the California Air
Resources Board that is submitted not later that 18 months of
the date of enactment of this subsection;
(C) available information regarding the emission reduction
effectiveness and cost effectiveness of technologies identified
in this paragraph, taking into consideration air quality and
health effects.
(3) Priority. -
(A) In general. - States and metropolitan planning
organizations shall give priority in distributing funds
received for congestion mitigation and air quality projects and
programs from apportionments derived from application of
sections 104(b)(2)(B) and 104(b)(2)(C) to -
(i) diesel retrofits, particularly where necessary to
facilitate contract compliance, and other cost-effective
emission reduction activities, taking into consideration air
quality and health effects; and
(ii) cost-effective congestion mitigation activities that
provide air quality benefits.
(B) Savings. - This paragraph is not intended to disturb the
existing authorities and roles of governmental agencies in
making final project selections.
(4) No effect on authority or restrictions. - Nothing in this
subsection modifies or otherwise affects any authority or
restriction established under the Clean Air Act (42 U.S.C. 7401
et seq.) or any other law (other than provisions of this title
relating to congestion mitigation and air quality).
(g) Interagency Consultation. - The Secretary shall encourage
States and metropolitan planning organizations to consult with
State and local air quality agencies in nonattainment and
maintenance areas on the estimated emission reductions from
proposed congestion mitigation and air quality improvement programs
and projects.
(h) Evaluation and Assessment of Projects. -
(1) In general. - The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
evaluate and assess a representative sample of projects funded
under the congestion mitigation and air quality program to -
(A) determine the direct and indirect impact of the projects
on air quality and congestion levels; and
(B) ensure the effective implementation of the program.
(2) Database. - Using appropriate assessments of projects
funded under the congestion mitigation and air quality program
and results from other research, the Secretary shall maintain and
disseminate a cumulative database describing the impacts of the
projects.
(3) Consideration. - The Secretary, in consultation with the
Administrator, shall consider the recommendations and findings of
the report submitted to Congress under section 1110(e) of the
Transportation Equity Act for the 21st Century (112 Stat. 144),
including recommendations and findings that would improve the
operation and evaluation of the congestion mitigation and air
quality improvement program.
-SOURCE-
(Added Pub. L. 93-87, title I, Sec. 142(a), Aug. 13, 1973, 87 Stat.
272; amended Pub. L. 102-240, title I, Sec. 1008(a), Dec. 18, 1991,
105 Stat. 1932; Pub. L. 102-388, title III, Sec. 380, Oct. 6, 1992,
106 Stat. 1562; Pub. L. 104-59, title III, Sec. 319(a)(1), (b),
Nov. 28, 1995, 109 Stat. 588, 589; Pub. L. 104-88, title IV, Sec.
405(a)(2), (b), Dec. 29, 1995, 109 Stat. 956, 957; Pub. L. 105-178,
title I, Sec. 1110(a)-(d)(1), June 9, 1998, 112 Stat. 142, 143;
Pub. L. 109-59, title I, Sec. 1808(a)-(f), Aug. 10, 2005, 119 Stat.
1461-1463.)
-REFTEXT-
REFERENCES IN TEXT
The Clean Air Act, referred to in subsecs. (b), (c)(1), (e)(5),
and (f)(4), is act July 14, 1955, ch. 360, 69 Stat. 322, as
amended, which is classified generally to chapter 85 (Sec. 7401 et
seq.) of Title 42, The Public Health and Welfare. Section
108(f)(1)(A) of the Act is classified to section 7408(f)(1)(A) of
Title 42. For complete classification of this Act to the Code, see
Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of this paragraph, referred to in subsec.
(b)(5), is the date of enactment of Pub. L. 105-178, which was
approved June 9, 1998.
The date of enactment of this subsection, referred to in subsec.
(f)(2)(B), is the date of enactment of Pub. L. 109-59, which was
approved Aug. 10, 2005.
Section 1110(e) of the Transportation Equity Act for the 21st
Century, referred to in subsec. (h)(3), is section 1110(e) of Pub.
L. 105-178, which is set out as a note below.
-MISC1-
AMENDMENTS
2005 - Subsec. (b). Pub. L. 109-59, Sec. 1808(a), inserted "or is
required to prepare, and file with the Administrator of the
Environmental Protection Agency, maintenance plans under the Clean
Air Act (42 U.S.C. 7401 et seq.)" after "1997," in introductory
provisions.
Subsec. (b)(1). Pub. L. 109-59, Sec. 1808(b)(1), added par. (1)
and struck out former par. (1) which read as follows:
"(A) if the Secretary, after consultation with the Administrator
of the Environmental Protection Agency, determines, on the basis of
information published by the Environmental Protection Agency
pursuant to section 108(f)(1)(A) of the Clean Air Act (other than
clause (xvi) of such section), that the project or program is
likely to contribute to -
"(i) the attainment of a national ambient air quality standard;
or
"(ii) the maintenance of a national ambient air quality
standard in a maintenance area; or
"(B) in any case in which such information is not available, if
the Secretary, after such consultation, determines that the project
or program is part of a program, method, or strategy described in
such section;".
Subsec. (b)(4). Pub. L. 109-59, Sec. 1808(b)(2)(A), inserted ",
including advanced truck stop electrification systems," after
"control facility or program".
Subsec. (b)(5). Pub. L. 109-59, Sec. 1808(b)(3)(A), inserted
"improve transportation systems management and operations that
mitigate congestion and improve air quality," after
"intersections,".
Subsec. (b)(6), (7). Pub. L. 109-59, Sec. 1808(b)(2)(B), (3)(B),
(4), which directed addition of pars. (6) and (7) at end of subsec.
(b), was executed by adding pars. (6) and (7) after par. (5) to
reflect the probable intent of Congress.
Subsec. (c)(1). Pub. L. 109-59, Sec. 1808(c)(1), substituted "for
any project in the State that - " and subpars. (A) and (B) for "for
any project eligible under the surface transportation program under
section 133."
Subsec. (c)(2). Pub. L. 109-59, Sec. 1808(c)(2), substituted "for
any project in the State that - " and subpars. (A) and (B) for "for
any project in the State eligible under section 133."
Subsecs. (f) to (h). Pub. L. 109-59, Sec. 1808(d)-(f), added
subsecs. (f) to (h).
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1110(a), substituted
"shall establish and implement" for "shall establish".
Subsec. (b). Pub. L. 105-178, Sec. 1110(b)(1), in introductory
provisions, substituted "that is or was designated as a
nonattainment area for ozone, carbon monoxide, or particulate
matter under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)) and classified pursuant to section 181(a), 186(a), 188(a),
or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a),
7513(a), or 7513(b)) or is or was designated as a nonattainment
area under such section 107(d) after December 31, 1997," for "that
was designated as a nonattainment area under section 107(d) of the
Clean Air Act (42 U.S.C. 7407(d)) during any part of fiscal year
1994".
Subsec. (b)(1)(A). Pub. L. 105-178, Sec. 1110(b)(2), substituted
"clause (xvi) of such section" for "clauses (xii) and (xvi) of such
section".
Subsec. (b)(1)(A)(ii). Pub. L. 105-178, Sec. 1110(b)(3),
substituted "a maintenance area" for "an area that was designated
as a nonattainment area but that was later redesignated by the
Administrator of the Environmental Protection Agency as an
attainment area under section 107(d) of the Clean Air Act (42
U.S.C. 7407(d))".
Subsec. (b)(5). Pub. L. 105-178, Sec. 1110(b)(4)-(6), added par.
(5).
Subsec. (c). Pub. L. 105-178, Sec. 1110(c), added subsec. (c) and
struck out heading and text of former subsec. (c). Text read as
follows: "If a State does not have a nonattainment area for ozone
or carbon monoxide under the Clean Air Act located within its
borders, the State may use funds apportioned to it under section
104(b)(2) for any project eligible for assistance under the surface
transportation program."
Subsec. (e). Pub. L. 105-178, Sec. 1110(d)(1), added subsec. (e).
1995 - Subsec. (b). Pub. L. 104-59, Sec. 319(a)(1)(A), in
introductory provisions, inserted "if the project or program is for
an area in the State that was designated as a nonattainment area
under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d))
during any part of fiscal year 1994 and" after "project or
program".
Subsec. (b)(1)(A). Pub. L. 104-59, Sec. 319(a)(1)(B), substituted
"contribute to - " and cls. (i) and (ii) for "contribute to the
attainment of a national ambient air quality standard; or".
Subsec. (b)(2). Pub. L. 104-59, Sec. 319(b)(1), struck out "or"
at end.
Subsec. (b)(3). Pub. L. 104-88, Sec. 405(b)(1), inserted "or"
after semicolon at end.
Pub. L. 104-59, Sec. 319(b)(2), substituted a semicolon for
period at end.
Subsec. (b)(4). Pub. L. 104-88, Sec. 405(b)(2), substituted a
period for "; or" at end.
Pub. L. 104-59, Sec. 319(b)(3), as amended by Pub. L. 104-88,
Sec. 405(a)(2), added par. (4).
1992 - Subsec. (b). Pub. L. 102-388 inserted at end "In areas of
a State which are nonattainment for ozone or carbon monoxide, or
both, and for PM-10 resulting from transportation activities, the
State may obligate such funds for any project or program under
paragraph (1) or (2) without regard to any limitation of the
Department of Transportation relating to the type of ambient air
quality standard such project or program addresses."
1991 - Pub. L. 102-240 substituted section catchline for one
which read: "Truck lanes" and amended text generally. Prior to
amendment, text read as follows: "The Secretary may approve as a
project on any Federal-aid system the construction of exclusive or
preferential truck lanes."
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by section 405(b) of Pub. L. 104-88 effective Jan. 1,
1996, see section 2 of Pub. L. 104-88, set out as an Effective Date
note under section 701 of Title 49, Transportation.
Section 405(a) of Pub. L. 104-88 provided that the amendment made
by that section is effective Nov. 28, 1995.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
DETERMINATION BY SECRETARY; WATER-PHASED HYDROCARBON FUEL EMULSION
TECHNOLOGIES
Pub. L. 105-178, title I, Sec. 1110(d)(2), June 9, 1998, 112
Stat. 144, as amended by Pub. L. 105-206, title IX, Sec. 9002(g),
July 22, 1998, 112 Stat. 836, provided that: "For the purposes of
section 149(e) of title 23, United States Code, the Secretary shall
determine in accordance with the procedures specified in section
149(b) of such title whether water-phased hydrocarbon fuel emulsion
technologies that consist of a hydrocarbon base and water in an
amount not less than 20 percent by volume reduce emissions of
hydrocarbon, particulate matter, carbon monoxide, or nitrogen oxide
from motor vehicles."
STUDY OF CMAQ PROGRAM
Pub. L. 105-178, title I, Sec. 1110(e), June 9, 1998, 112 Stat.
144, provided that:
"(1) In general. - The Secretary and the Administrator of the
Environmental Protection Agency shall enter into arrangements with
the National Academy of Sciences to complete, by not later than
January 1, 2001, a study of the congestion mitigation and air
quality improvement program under section 149 of title 23, United
States Code. The study shall, at a minimum -
"(A) evaluate the air quality impacts of emissions from motor
vehicles;
"(B) evaluate the negative effects of traffic congestion,
including the economic effects of time lost due to congestion;
"(C) determine the amount of funds obligated under the program
and make a comprehensive analysis of the types of projects funded
under the program;
"(D) evaluate the emissions reductions attributable to projects
of various types that have been funded under the program;
"(E) assess the effectiveness, including the quantitative and
nonquantitative benefits, of projects funded under the program
and include, in the assessment, an estimate of the cost per ton
of pollution reduction;
"(F) assess the cost effectiveness of projects funded under the
program with respect to congestion mitigation;
"(G) compare -
"(i) the costs of achieving the air pollutant emissions
reductions achieved under the program; to
"(ii) the costs that would be incurred if similar reductions
were achieved by other measures, including pollution controls
on stationary sources;
"(H) include recommendations on improvements, including other
types of projects, that will increase the overall effectiveness
of the program;
"(I) include recommendations on expanding the scope of the
program to address traffic-related pollutants that, as of the
date of the study, are not addressed by the program.
"(2) Report. - Not later than January 1, 2000, the National
Academy of Sciences shall transmit to the Secretary, the Committee
on Transportation and Infrastructure and the Committee on Commerce
of the House of Representatives, and the Committee on Environment
and Public Works of the Senate a report on the results of the study
with recommendations for modifications to the congestion mitigation
and air quality improvement program in light of the results of the
study.
"(3) Funding. - Before making the apportionment of funds under
section 104(b)(2) of title 23, United States Code, for each of
fiscal years 1999 and 2000, the Secretary shall deduct from the
amount to be apportioned under such section for such fiscal year,
and make available, $500,000 for such fiscal year to carry out this
subsection."
EFFECT OF LIMITATION ON APPORTIONMENT
Notwithstanding any other provision of law, for each of fiscal
years 1996 and 1997, amendment by section 319(a)(1) of Pub. L. 104-
59 not to affect any apportionment adjustments under section 1015
of the Intermodal Surface Transportation Efficiency Act of 1991,
Pub. L. 102-240, see section 319(c) of Pub. L. 104-59, set out as a
note under section 104 of this title.
VALUE PRICING PILOT PROGRAM
Pub. L. 102-240, title I, Sec. 1012(b), Dec. 18, 1991, 105 Stat.
1938, as amended by Pub. L. 104-59, title III, Sec. 325(e), Nov.
28, 1995, 109 Stat. 592; Pub. L. 105-178, title I, Sec. 1216(a),
June 9, 1998, 112 Stat. 211; Pub. L. 105-206, title IX, Sec.
9006(b), July 22, 1998, 112 Stat. 848; Pub. L. 109-59, title I,
Sec. 1604(a), Aug. 10, 2005, 119 Stat. 1249, provided that:
"(1) The Secretary shall solicit the participation of State and
local governments and public authorities for one or more value
pricing pilot programs. The Secretary may enter into cooperative
agreements with as many as 15 such State or local governments or
public authorities to establish, maintain, and monitor value
pricing programs.
"(2) Notwithstanding section 129 of title 23, United States Code,
the Federal share payable for such programs shall be 80 percent.
The Secretary shall fund all preimplementation costs and project
design, and all of the development and other start up costs of such
projects, including salaries and expenses, for a period of at least
1 year, and thereafter until such time that sufficient revenues are
being generated by the program to fund its operating costs without
Federal participation, except that the Secretary may not fund the
preimplementation or implementation costs of any project for more
than 3 years.
"(3) Revenues generated by any pilot project under this
subsection must be applied to projects eligible under such title.
"(4) Notwithstanding sections 129 and 301 of title 23, United
States Code, the Secretary shall allow the use of tolls on the
Interstate System as part of any value pricing pilot program under
this subsection.
"(5) The Secretary shall monitor the effect of such programs for
a period of at least 10 years, and shall report to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
every 2 years on the effects such programs are having on driver
behavior, traffic volume, transit ridership, air quality, and
availability of funds for transportation programs.
"(6) HOV passenger requirements. - Notwithstanding section 102(a)
of title 23, United States Code, a State may permit vehicles with
fewer than 2 occupants to operate in high occupancy vehicle lanes
if the vehicles are part of a value pricing pilot program under
this subsection.
"(7) Financial effects on low-income drivers. - Any value pricing
pilot program under this subsection shall include, if appropriate,
an analysis of the potential effects of the pilot program on low-
income drivers and may include mitigation measures to deal with
any potential adverse financial effects on low-income drivers.
"(8) Funding. -
"(A) In general. - There are authorized to be appropriated to
the Secretary from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this subsection -
"(i) for fiscal year 2005, $11,000,000; and
"(ii) for each of fiscal years 2006 through 2009,
$12,000,000.
"(B) Set-aside for projects not involving highway tolls. - Of
the amounts made available to carry out this subsection,
$3,000,000 for each of fiscal years 2006 through 2009 shall be
available only for congestion pricing pilot projects that do not
involve highway tolls.
"(C) Availability. - Funds allocated by the Secretary to a
State under this subsection shall remain available for obligation
by the State for a period of 3 years after the last day of the
fiscal year for which the funds are authorized.
"(D) Use of unallocated funds. - If the total amount of funds
made available from the Highway Trust Fund to carry out this
subsection for fiscal year 1998 and fiscal years thereafter but
not allocated exceeds $8,000,000 as of September 30 of any year,
the excess amount -
"(i) shall be apportioned in the following fiscal year by the
Secretary to all States in accordance with section 104(b)(3) of
title 23, United States Code;
"(ii) shall be considered to be a sum made available for
expenditure on the surface transportation program, except that
the amount shall not be subject to section 133(d) of such
title; and
"(iii) shall be available for any purpose eligible for
funding under section 133 of such title.
"(C) [probably should be (E)] Contract authority. - Funds
authorized to carry out this subsection shall be available for
obligation in the same manner as if the funds were apportioned
under chapter 1 of title 23, United States Code; except that the
Federal share of the cost of any project under this subsection
and the availability of funds authorized to carry out this
subsection shall be determined in accordance with this
subsection."
-End-
-CITE-
23 USC Sec. 150 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 150. Repealed.
-MISC1-
[Sec. 150. Repealed. Pub. L. 105-178, title I, Sec. 1103(l)(5), as
added Pub. L. 105-206, title IX, Sec. 9002(c)(1), July 22, 1998,
112 Stat. 834].
Section, added Pub. L. 93-87, title I, Sec. 157(a), Aug. 13,
1973, 87 Stat. 277; amended Pub. L. 97-424, title I, Sec. 124, Jan.
6, 1983, 96 Stat. 2113, related to allocation of urban system
funds.
EFFECTIVE DATE OF REPEAL
Repeal effective simultaneously with enactment of Pub. L. 105-178
and to be treated as included in Pub. L. 105-178 at time of
enactment, see section 9016 of Pub. L. 105-206, set out as an
Effective Date of 1998 Amendment note under section 101 of this
title.
-End-
-CITE-
23 USC Sec. 151 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 151. National bridge inspection program
-STATUTE-
(a) National Bridge Inspection Standards. - The Secretary, in
consultation with the State transportation departments and
interested and knowledgeable private organizations and individuals,
shall establish national bridge inspection standards for the proper
safety inspection and evaluation of all highway bridges.
(b) Minimum Requirements of Inspection Standards. - The standards
established under subsection (a) shall, at a minimum -
(1) specify, in detail, the method by which such inspections
shall be carried out by the States;
(2) establish the maximum time period between inspections;
(3) establish the qualification for those charged with carrying
out the inspections;
(4) require each State to maintain and make available to the
Secretary upon request -
(A) written reports on the results of highway bridge
inspections together with notations of any action taken
pursuant to the findings of such inspections; and
(B) current inventory data for all highway bridges reflecting
the findings of the most recent highway bridge inspections
conducted; and
(5) establish a procedure for national certification of highway
bridge inspectors.
(c) Training Program for Bridge Inspectors. - The Secretary, in
cooperation with the State transportation departments, shall
establish a program designed to train appropriate governmental
employees to carry out highway bridge inspections. Such training
program shall be revised from time to time to take into account new
and improved techniques.
(d) Availability of Funds. - To carry out this section, the
Secretary may use funds made available pursuant to the provisions
of section 104(a), section 502, and section 144 of this title.
-SOURCE-
(Added Pub. L. 100-17, title I, Sec. 125(a), Apr. 2, 1987, 101
Stat. 166; amended Pub. L. 105-178, title I, Sec.
1212(a)(2)(A)(ii), title V, Sec. 5119(e), June 9, 1998, 112 Stat.
193, 452.)
-MISC1-
PRIOR PROVISIONS
A prior section 151, added Pub. L. 93-87, title II, Sec. 205(a),
Aug. 13, 1973, 87 Stat. 284; amended Pub. L. 94-280, title II, Sec.
207, May 5, 1976, 90 Stat. 454; Pub. L. 95-599, title I, Sec. 127,
Nov. 6, 1978, 92 Stat. 2707; Pub. L. 96-470, title II, Sec. 209(c),
Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97-375, title I, Sec. 111(a),
Dec. 21, 1982, 96 Stat. 1821, related to a pavement marking
demonstration program, prior to repeal by Pub. L. 100-17, title I,
Sec. 125(a), Apr. 2, 1987, 101 Stat. 166.
AMENDMENTS
1998 - Subsecs. (a), (c). Pub. L. 105-178, Sec.
1212(a)(2)(A)(ii), substituted "State transportation departments"
for "State highway departments".
Subsec. (d). Pub. L. 105-178, Sec. 5119(e), substituted "section
502," for "section 307(a),".
-End-
-CITE-
23 USC Sec. 152 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 152. Hazard elimination program
-STATUTE-
(a) In General. -
(1) Program. - Each State shall conduct and systematically
maintain an engineering survey of all public roads to identify
hazardous locations, sections, and elements, including roadside
obstacles and unmarked or poorly marked roads, which may
constitute a danger to motorists, bicyclists, and pedestrians,
assign priorities for the correction of such locations, sections,
and elements, and establish and implement a schedule of projects
for their improvement.
(2) Hazards. - In carrying out paragraph (1), a State may, at
its discretion -
(A) identify, through a survey, hazards to motorists,
bicyclists, pedestrians, and users of highway facilities; and
(B) develop and implement projects and programs to address
the hazards.
(b) The Secretary may approve as a project under this section any
safety improvement project, including a project described in
subsection (a).
(c) Funds authorized to carry out this section shall be available
for expenditure on -
(1) any public road;
(2) any public surface transportation facility or any publicly
owned bicycle or pedestrian pathway or trail; or
(3) any traffic calming measure.
(d) The Federal share payable on account of any project under
this section shall be 90 percent of the cost thereof.
(e) Funds authorized to be appropriated to carry out this section
shall be available for obligation in the same manner and to the
same extent as if such funds were apportioned under section 104(b),
except that the Secretary is authorized to waive provisions he
deems inconsistent with the purposes of this section.
(f) Each State shall establish an evaluation process approved by
the Secretary, to analyze and assess results achieved by safety
improvement projects carried out in accordance with procedures and
criteria established by this section. Such evaluation process shall
develop cost-benefit data for various types of corrections and
treatments which shall be used in setting priorities for safety
improvement projects.
(g) Each State shall report to the Secretary of Transportation
not later than December 30 of each year, on the progress being made
to implement safety improvement projects for hazard elimination and
the effectiveness of such improvements. Each State report shall
contain an assessment of the cost of, and safety benefits derived
from, the various means and methods used to mitigate or eliminate
hazards and the previous and subsequent accident experience at
these locations. The Secretary of Transportation shall submit a
report to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives not later than April 1 of each year on
the progress being made by the States in implementing the hazard
elimination program (including but not limited to any projects for
pavement marking). The report shall include, but not be limited to,
the number of projects undertaken, their distribution by cost
range, road system, means and methods used, and the previous and
subsequent accident experience at improved locations. In addition,
the Secretary's report shall analyze and evaluate each State
program, identify any State found not to be in compliance with the
schedule of improvements required by subsection (a) and include
recommendations for future implementation of the hazard elimination
program.
(h) For the purposes of this section the term "State" shall have
the meaning given it in section 401 of this title.
-SOURCE-
(Added Pub. L. 93-87, title II, Sec. 209(a), Aug. 13, 1973, 87
Stat. 286; amended Pub. L. 94-280, title I, Sec. 131, May 5, 1976,
90 Stat. 441; Pub. L. 95-599, title I, Sec. 168(a), Nov. 6, 1978,
92 Stat. 2722; Pub. L. 96-106, Sec. 10(b), Nov. 9, 1979, 93 Stat.
798; Pub. L. 97-375, title II, Sec. 210(b), Dec. 21, 1982, 96 Stat.
1826; Pub. L. 97-424, title I, Sec. 125, Jan. 6, 1983, 96 Stat.
2113; Pub. L. 100-17, title I, Sec. 133(b)(12), Apr. 2, 1987, 101
Stat. 172; Pub. L. 104-59, title III, Sec. 325(c), Nov. 28, 1995,
109 Stat. 592; Pub. L. 105-178, title I, Sec. 1401, June 9, 1998,
112 Stat. 235.)
-MISC1-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-178, Sec. 1401(1), inserted
subsec. heading, designated existing provisions as par. (1) and
inserted par. heading, realigned margins, substituted "motorists,
bicyclists, and pedestrians" for "motorists and pedestrians", and
added par. (2).
Subsec. (b). Pub. L. 105-178, Sec. 1401(2), substituted "safety
improvement project, including a project described in subsection
(a)" for "highway safety improvement project".
Subsec. (c). Pub. L. 105-178, Sec. 1401(3), substituted "on -
"(1) any public road;
"(2) any public surface transportation facility or any publicly
owned bicycle or pedestrian pathway or trail; or
"(3) any traffic calming measure" for "on any public road
(other than a highway on the Interstate System)".
Subsec. (e). Pub. L. 105-178, Sec. 1401(4), struck out
"apportioned to the States as provided in section 402(c) of this
title. Such funds shall be" before "available for obligation" and
substituted "section 104(b)" for "section 104(b)(1)".
Subsecs. (f), (g). Pub. L. 105-178, Sec. 1401(5), substituted
"safety improvement projects" for "highway safety improvement
projects" wherever appearing.
1995 - Subsec. (g). Pub. L. 104-59 substituted "Committee on
Transportation and Infrastructure" for "Committee on Public Works
and Transportation".
1987 - Subsec. (g). Pub. L. 100-17 substituted "the Committee on
Environment and Public Works of the Senate and the Committee on
Public Works and Transportation of the House of Representatives"
for "the Congress".
1983 - Subsec. (c). Pub. L. 97-424 substituted provision that
funds authorized to carry out this section shall be available for
expenditure on any public road (other than a highway on the
Interstate System), for provision that funds authorized to carry
out this section would be available solely for expenditure for
projects on any Federal-aid system (other than the Interstate
System) except in the Virgin Islands, Guam, and American Samoa.
1982 - Subsec. (g). Pub. L. 97-375 inserted "(including but not
limited to any projects for pavement marking)" after "implementing
the hazard elimination program".
1979 - Subsec. (g). Pub. L. 96-106 substituted "December 30" for
"September 30" and "April 1" for "January 1".
1978 - Subsec. (a). Pub. L. 95-599 substituted "public roads" for
"highways" and inserted provisions relating to identification of
hazardous sections and elements.
Subsec. (b). Pub. L. 95-599 substituted provisions relating to
approval of highway safety improvement projects by the Secretary
for provisions authorizing appropriations for fiscal years ending
June 30, 1974 through June 30, 1976.
Subsec. (c). Pub. L. 95-599 reenacted subsec. (c) without
substantive change.
Subsec. (d). Pub. L. 95-599 substituted provisions prescribing
the Federal share payable on account of any project under this
section for provisions relating to apportionment of funds made
available under subsec. (b) to the States. See subsec. (e) of this
section.
Subsec. (e). Pub. L. 95-599 substituted provisions relating to
apportionment of funds to the States under this section for
provisions relating to progress reports required of the States
under this section. See subsec. (g).
Subsecs. (f) to (h). Pub. L. 95-599 added subsecs. (f) and (g)
and redesignated former subsec. (f) as (h).
1976 - Subsec. (f). Pub. L. 94-280 added subsec. (f).
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(g) of this section relating to the requirement that the Secretary
of Transportation submit a report to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives not later than
April 1 of each year, see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money
and Finance, and page 135 of House Document No. 103-7.
-End-
-CITE-
23 USC Sec. 153 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 153. Use of safety belts and motorcycle helmets
-STATUTE-
(a) Authority To Make Grants. - The Secretary may make grants to
a State in a fiscal year in accordance with this section if the
State has in effect in such fiscal year -
(1) a law which makes unlawful throughout the State the
operation of a motorcycle if any individual on the motorcycle is
not wearing a motorcycle helmet; and
(2) a law which makes unlawful throughout the State the
operation of a passenger vehicle whenever an individual in a
front seat of the vehicle (other than a child who is secured in a
child restraint system) does not have a safety belt properly
fastened about the individual's body.
(b) Use of Grants. - A grant made to a State under this section
shall be used to adopt and implement a traffic safety program to
carry out the following purposes:
(1) Education. - To educate the public about motorcycle and
passenger vehicle safety and motorcycle helmet, safety belt, and
child restraint system use and to involve public health education
agencies and other related agencies in these efforts.
(2) Training. - To train law enforcement officers in the
enforcement of State laws described in subsection (a).
(3) Monitoring. - To monitor the rate of compliance with State
laws described in subsection (a).
(4) Enforcement. - To enforce State laws described in
subsection (a).
(c) Maintenance of Effort. - A grant may not be made to a State
under this section in any fiscal year unless the State enters into
such agreements with the Secretary as the Secretary may require to
ensure that the State will maintain its aggregate expenditures from
all other sources for any traffic safety program described in
subsection (b) at or above the average level of such expenditures
in the State's 2 fiscal years preceding the date of the enactment
of this section.
(d) Federal Share. - A State may not receive a grant under this
section in more than 3 fiscal years. The Federal share payable for
a grant under this section shall not exceed -
(1) in the first fiscal year the State receives a grant, 75
percent of the cost of implementing in such fiscal year a traffic
safety program described in subsection (b);
(2) in the second fiscal year the State receives a grant, 50
percent of the cost of implementing in such fiscal year such
traffic safety program; and
(3) in the third fiscal year the State receives a grant, 25
percent of the cost of implementing in such fiscal year such
traffic safety program.
(e) Maximum Aggregate Amount of Grants. - The aggregate amount of
grants made to a State under this section shall not exceed 90
percent of the amount apportioned to such State for fiscal year
1990 under section 402.
(f) Eligibility for Grants. -
(1) General rule. - A State is eligible in a fiscal year for a
grant under this section only if the State enters into such
agreements with the Secretary as the Secretary may require to
ensure that the State implements in such fiscal year a traffic
safety program described in subsection (b).
(2) Second-year grants. - A State is eligible for a grant under
this section in a fiscal year succeeding the first fiscal year in
which a State receives a grant under this section only if the
State in the preceding fiscal year -
(A) had in effect at all times a State law described in
subsection (a)(1) and achieved a rate of compliance with such
law of not less than 75 percent; and
(B) had in effect at all times a State law described in
subsection (a)(2) and achieved a rate of compliance with such
law of not less than 50 percent.
(3) Third-year grants. - A State is eligible for a grant under
this section in a fiscal year succeeding the second fiscal year
in which a State receives a grant under this section only if the
State in the preceding fiscal year -
(A) had in effect at all times a State law described in
subsection (a)(1) and achieved a rate of compliance with such
law of not less than 85 percent; and
(B) had in effect at all times a State law described in
subsection (a)(2) and achieved a rate of compliance with such
law of not less than 70 percent.
(g) Measurements of Rates of Compliance. - For the purposes of
subsections (f)(2) and (f)(3), a State shall measure compliance
with State laws described in subsection (a) using methods which
conform to guidelines issued by the Secretary ensuring that such
measurements are accurate and representative.
(h) Penalty. -
(1) Fiscal year 1994. - If, at any time in fiscal year 1994, a
State does not have in effect a law described in subsection
(a)(2), the Secretary shall transfer 1 1/2 percent of the funds
apportioned to the State for fiscal year 1995 under each of
subsections (b)(1), (b)(2), and (b)(3) of section 104 of this
title to the apportionment of the State under section 402 of this
title.
(2) Thereafter. - If, at any time in a fiscal year beginning
after September 30, 1994, a State does not have in effect a law
described in subsection (a)(2), the Secretary shall transfer 3
percent of the funds apportioned to the State for the succeeding
fiscal year under each of subsections (b)(1), (b)(2), and (b)(3)
of section 104 of this title to the apportionment of the State
under section 402 of this title.
(3) Federal share. - The Federal share of the cost of any
project carried out under section 402 with funds transferred to
the apportionment of section 402 shall be 100 percent.
(4) Transfer of obligation authority. - If the Secretary
transfers under this subsection any funds to the apportionment of
a State under section 402 for a fiscal year, the Secretary shall
allocate an amount of obligation authority distributed for such
fiscal year to the State for Federal-aid highways and highway
safety construction programs for carrying out only projects under
section 402 which is determined by multiplying -
(A) the amount of funds transferred to the apportionment of
section 402 of the State under section 402 for such fiscal
year; by
(B) the ratio of the amount of obligation authority
distributed for such fiscal year to the State for Federal-aid
highways and highway safety construction programs to the total
of the sums apportioned to the State for Federal-aid highways
and highway safety construction (excluding sums not subject to
any obligation limitation) for such fiscal year.
(5) Limitation on applicability of highway safety obligations. -
Notwithstanding any other provision of law, no limitation on
the total of obligations for highway safety programs carried out
by the Federal Highway Administration under section 402 shall
apply to funds transferred under this subsection to the
apportionment of section 402.
(i) Definitions. - For the purposes of this section, the
following definitions apply:
(1) Motorcycle. - The term "motorcycle" means a motor vehicle
which is designed to travel on not more than 3 wheels in contact
with the surface.
(2) Motor vehicle. - The term "motor vehicle" has the meaning
such term has under section 154 (!1) of this title.
(3) Passenger vehicle. - The term "passenger vehicle" means a
motor vehicle which is designed for transporting 10 individuals
or less, including the driver, except that such term does not
include a vehicle which is constructed on a truck chassis, a
motorcycle, a trailer, or any motor vehicle which is not required
on the date of the enactment of this section under a Federal
motor vehicle safety standard to be equipped with a belt system.
(4) Safety belt. - The term "safety belt" means -
(A) with respect to open-body passenger vehicles, including
convertibles, an occupant restraint system consisting of a lap
belt or a lap belt and a detachable shoulder belt; and
(B) with respect to other passenger vehicles, an occupant
restraint system consisting of integrated lap shoulder belts.
(j) Authorization of Appropriations. - There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account) to carry out this section $17,000,000 for fiscal
year 1992. From sums made available to carry out section 402 of
this title, the Secretary shall make available $17,000,000 for
fiscal year 1992 and $24,000,000 for each of fiscal years 1993 and
1994 to carry out this section.
(k) Applicability of Chapter 1 Provisions. - All provisions of
this chapter that are applicable to National Highway System funds,
other than provisions relating to the apportionment formula and
provisions limiting the expenditures of such funds to Federal-aid
systems, shall apply to funds authorized to be appropriated to
carry out this section, except as determined by the Secretary to be
inconsistent with this section and except that sums authorized by
this section shall remain available until expended.
-SOURCE-
(Added Pub. L. 102-240, title I, Sec. 1031(a)(1), Dec. 18, 1991,
105 Stat. 1970; amended Pub. L. 104-59, title II, Sec. 205(e), Nov.
28, 1995, 109 Stat. 577.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this section, referred to in
subsecs. (c) and (i)(3), is the date of enactment of Pub. L. 102-
240, which was approved Dec. 18, 1991.
Section 154 of this title, referred to in subsec. (i)(2), was
repealed by Pub. L. 104-59, title II, Sec. 205(d)(1)(B), Nov. 28,
1995, 109 Stat. 577.
-MISC1-
PRIOR PROVISIONS
A prior section 153, added Pub. L. 93-87, title II, Sec. 210(a),
Aug. 13, 1973, 87 Stat. 287; amended Pub. L. 94-280, title I, Sec.
131, May 5, 1976, 90 Stat. 441, related to a program for the
elimination of roadside obstacles, prior to repeal by Pub. L. 95-
599, title I, Sec. 168(b), Nov. 6, 1978, 92 Stat. 2723.
AMENDMENTS
1995 - Subsec. (h)(1), (2). Pub. L. 104-59 struck out "a law
described in subsection (a)(1) and" after "have in effect".
EFFECTIVE DATE OF 1995 AMENDMENT
Section 205(e) of Pub. L. 104-59 provided that the amendment made
by that section is effective Sept. 30, 1995.
EFFECTIVE DATE
Section effective Dec. 18, 1991, and applicable to funds
authorized to be appropriated or made available after Sept. 30,
1991, and, with certain exceptions, not applicable to funds
appropriated or made available on or before Sept. 30, 1991, see
section 1100 of Pub. L. 102-240, set out as an Effective Date of
1991 Amendment note under section 104 of this title.
STUDY OF BENEFITS OF SAFETY BELTS AND MOTORCYCLE HELMETS TO
INDIVIDUALS INVOLVED IN CRASHES
Section 1031(b) of Pub. L. 102-240 provided that:
"(1) In general. - The Secretary shall conduct a study or studies
to determine the benefits of safety belt use and motorcycle helmet
use for individuals involved in motor vehicle crashes and
motorcycle crashes, collecting and analyzing data from regional
trauma systems regarding differences in the following: the severity
of injuries; acute, rehabilitative and long-term medical costs,
including the sources of reimbursement and the extent to which
these sources cover actual costs; government, employer, and other
costs; and mortality and morbidity outcomes. The study shall cover
a representative period after January 1, 1990.
"(2) Report. - The Secretary shall make public a proposed report
on the results of the study or studies conducted under this
subsection, provide a period of 90 days for public comment on such
report, consider such comments, and transmit to Congress a report
on the results of such study or studies, together with a summary of
such comments, not later than 40 months after the funds for such
study are made available by the Secretary.
"(3) Funding. - Of the amounts authorized to be appropriated for
fiscal year 1992 or 1993 (or both) to carry out section 153 of
title 23, United States Code, the Secretary shall make available
$5,000,000 in the aggregate in such fiscal years to carry out this
subsection. Such funds shall remain available until expended."
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
23 USC Sec. 154 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 154. Open container requirements
-STATUTE-
(a) Definitions. - In this section, the following definitions
apply:
(1) Alcoholic beverage. - The term "alcoholic beverage" has the
meaning given the term in section 158(c).
(2) Motor vehicle. - The term "motor vehicle" means a vehicle
driven or drawn by mechanical power and manufactured primarily
for use on public highways, but does not include a vehicle
operated exclusively on a rail or rails.
(3) Open alcoholic beverage container. - The term "open
alcoholic beverage container" means any bottle, can, or other
receptacle -
(A) that contains any amount of alcoholic beverage; and
(B)(i) that is open or has a broken seal; or
(ii) the contents of which are partially removed.
(4) Passenger area. - The term "passenger area" shall have the
meaning given the term by the Secretary by regulation.
(b) Open Container Laws. -
(1) In general. - For the purposes of this section, each State
shall have in effect a law that prohibits the possession of any
open alcoholic beverage container, or the consumption of any
alcoholic beverage, in the passenger area of any motor vehicle
(including possession or consumption by the driver of the
vehicle) located on a public highway, or the right-of-way of a
public highway, in the State.
(2) Motor vehicles designed to transport many passengers. - For
the purposes of this section, if a State has in effect a law that
makes unlawful the possession of any open alcoholic beverage
container by the driver (but not by a passenger) -
(A) in the passenger area of a motor vehicle designed,
maintained, or used primarily for the transportation of persons
for compensation; or
(B) in the living quarters of a house coach or house trailer,
the State shall be deemed to have in effect a law described in
this subsection with respect to such a motor vehicle for each
fiscal year during which the law is in effect.
(c) Transfer of Funds. -
(1) Fiscal years 2001 and 2002. - On October 1, 2000, and
October 1, 2001, if a State has not enacted or is not enforcing
an open container law described in subsection (b), the Secretary
shall transfer an amount equal to 1 1/2 percent of the funds
apportioned to the State on that date under each of paragraphs
(1), (3), and (4) of section 104(b) to the apportionment of the
State under section 402 -
(A) to be used for alcohol-impaired driving countermeasures;
or
(B) to be directed to State and local law enforcement
agencies for enforcement of laws prohibiting driving while
intoxicated or driving under the influence and other related
laws (including regulations), including the purchase of
equipment, the training of officers, and the use of additional
personnel for specific alcohol-impaired driving
countermeasures, dedicated to enforcement of the laws
(including regulations).
(2) Fiscal year 2003 and fiscal years thereafter. - On October
1, 2002, and each October 1 thereafter, if a State has not
enacted or is not enforcing an open container law described in
subsection (b), the Secretary shall transfer an amount equal to 3
percent of the funds apportioned to the State on that date under
each of paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402 to be used or
directed as described in subparagraph (A) or (B) of paragraph
(1).
(3) Use for hazard elimination program. - A State may elect to
use all or a portion of the funds transferred under paragraph (1)
or (2) for activities eligible under section 148.
(4) Federal share. - The Federal share of the cost of a project
carried out with funds transferred under paragraph (1) or (2), or
used under paragraph (3), shall be 100 percent.
(5) Derivation of amount to be transferred. - The amount to be
transferred under paragraph (1) or (2) may be derived from one or
more of the following:
(A) The apportionment of the State under section 104(b)(1).
(B) The apportionment of the State under section 104(b)(3).
(C) The apportionment of the State under section 104(b)(4).
(6) Transfer of obligation authority. -
(A) In general. - If the Secretary transfers under this
subsection any funds to the apportionment of a State under
section 402 for a fiscal year, the Secretary shall transfer an
amount, determined under subparagraph (B), of obligation
authority distributed for the fiscal year to the State for
Federal-aid highways and highway safety construction programs
for carrying out projects under section 402.
(B) Amount. - The amount of obligation authority referred to
in subparagraph (A) shall be determined by multiplying -
(i) the amount of funds transferred under subparagraph (A)
to the apportionment of the State under section 402 for the
fiscal year, by
(ii) the ratio that -
(I) the amount of obligation authority distributed for
the fiscal year to the State for Federal-aid highways and
highway safety construction programs, bears to
(II) the total of the sums apportioned to the State for
Federal-aid highways and highway safety construction
programs (excluding sums not subject to any obligation
limitation) for the fiscal year.
(7) Limitation on applicability of obligation limitation. -
Notwithstanding any other provision of law, no limitation on the
total of obligations for highway safety programs under section
402 shall apply to funds transferred under this subsection to the
apportionment of a State under such section.
-SOURCE-
(Added Pub. L. 105-178, title I, Sec. 1405(a), as added Pub. L. 105-
206, title IX, Sec. 9005(a), July 22, 1998, 112 Stat. 843; amended
Pub. L. 109-59, title I, Sec. 1401(a)(3)(C), Aug. 10, 2005, 119
Stat. 1225.)
-MISC1-
PRIOR PROVISIONS
A prior section 154, added Pub. L. 93-643, Sec. 114(a), Jan. 4,
1975, 88 Stat. 2286; amended Pub. L. 95-599, title II, Sec. 205,
Nov. 6, 1978, 92 Stat. 2729; Pub. L. 97-35, title XI, Sec. 1108,
Aug. 13, 1981, 95 Stat. 626; Pub. L. 100-17, title I, Sec. 174,
Apr. 2, 1987, 101 Stat. 218; Pub. L. 102-240, title I, Sec.
1029(a), (b), (e), (g), Dec. 18, 1991, 105 Stat. 1968-1970,
established the national maximum speed limit, prior to repeal by
Pub. L. 104-59, title II, Sec. 205(d)(1)(B), (3), Nov. 28, 1995,
109 Stat. 577, applicable to State on 10th day following Nov. 28,
1995, except that if legislature was not in session on such date
and chief executive officer declared before such date that
legislature was not in session and that State preferred
applicability date that was after date on which legislature would
convene, applicable to State on 60th day following date on which
legislature would next convene.
AMENDMENTS
2005 - Subsec. (c)(3). Pub. L. 109-59 substituted "148" for
"152".
EFFECTIVE DATE
Section effective simultaneously with enactment of Pub. L. 105-
178 and to be treated as included in Pub. L. 105-178 at time of
enactment, see section 9016 of Pub. L. 105-206, set out as an
Effective Date of 1998 Amendment note under section 101 of this
title.
-End-
-CITE-
23 USC Sec. 155 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 155. Access highways to public recreation areas on certain
lakes
-STATUTE-
(a) The Secretary is authorized to construct or reconstruct
access highways to public recreation areas on lakes in order to
accommodate present and projected traffic density. The Secretary
shall develop guidelines and standards for the designation of
routes and the allocation of funds for the purpose of this section
which shall include the following criteria:
(1) No portion of any access highway constructed or
reconstructed under this section shall exceed thirty-five miles
in length nor shall any portion of such highway be located more
than thirty-five miles from the nearest part of such recreation
area.
(2) Routes shall be designated by the Secretary on the
recommendation of the State and responsible local officials,
after consultation with the head of the Federal agency (if any)
having jurisdiction over the public recreation area involved.
(b) The Federal share payable on account of any project
authorized pursuant to this section shall not exceed 75 per centum
of the cost of construction or reconstruction of such project.
(c) All of the provisions of this title applicable to highways on
the Federal-aid system (other than the Interstate System)
determined appropriate by the Secretary, except those provisions
which the Secretary determines are inconsistent with this section,
shall apply to any highway designated under this section which is
not a part of the Federal-aid system when so designated.
(d) For the purpose of this section the term "lake" means any
lake, reservoir, pool, or other body of water resulting from the
construction of any lock, dam, or similar structure by the Corps of
Engineers, Department of the Army, or the Bureau of Reclamation,
Department of the Interior, or the Tennessee Valley Authority, and
any multipurpose lake resulting from construction assistance of the
Soil Conservation Service, Department of Agriculture. This section
shall apply to lakes heretofore or hereafter constructed or
authorized for construction.
(e) There is authorized to be appropriated not to exceed
$25,000,000 for the fiscal year 1976 to carry out this section.
Amounts authorized by this subsection for a fiscal year shall be
available for that fiscal year and for the two succeeding fiscal
years.
-SOURCE-
(Added Pub. L. 93-643, Sec. 115(a), Jan. 4, 1975, 88 Stat. 2287;
amended Pub. L. 95-599, title I, Sec. 129(e), Nov. 6, 1978, 92
Stat. 2708.)
-MISC1-
AMENDMENTS
1978 - Subsec. (b). Pub. L. 95-599 substituted "75 per centum"
for "70 per centum".
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-599 effective with respect to obligations
incurred after Nov. 6, 1978, see section 129(h) of Pub. L. 95-599,
set out as a note under section 120 of this title.
APPROPRIATIONS; RESCISSION OF APPROPRIATIONS AUTHORIZATION
Pub. L. 94-134, title I, Sec. 101, Nov. 24, 1975, 89 Stat. 703,
appropriated in part: "For necessary expenses not otherwise
provided, to carry out the provisions of section 115(a), 'Federal-
Aid Highway Amendments of 1974 [this section]'; $10,000,000, to
remain available until September 30 1978: Provided, That any
authority to incur obligations granted by section 115 of the
Federal-Aid Highway Amendments of 1974 [subsec. (e) of this
section] is hereby rescinded."
-End-
-CITE-
23 USC Sec. 156 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 156. Proceeds from the sale or lease of real property
-STATUTE-
(a) Minimum Charge. - Subject to section 142(f), a State shall
charge, at a minimum, fair market value for the sale, use, lease,
or lease renewal (other than for utility use and occupancy or for a
transportation project eligible for assistance under this title) of
real property acquired with Federal assistance made available from
the Highway Trust Fund (other than the Mass Transit Account).
(b) Exceptions. - The Secretary may grant an exception to the
requirement of subsection (a) for a social, environmental, or
economic purpose.
(c) Use of Federal Share of Income. - The Federal share of net
income from the revenues obtained by a State under subsection (a)
shall be used by the State for projects eligible under this title.
-SOURCE-
(Added Pub. L. 100-17, title I, Sec. 126(a), Apr. 2, 1987, 101
Stat. 167; amended Pub. L. 102-240, title I, Sec. 1027(f), Dec. 18,
1991, 105 Stat. 1967; Pub. L. 105-178, title I, Sec. 1303(a), June
9, 1998, 112 Stat. 227.)
-MISC1-
PRIOR PROVISIONS
A prior section 156, added Pub. L. 94-280, title I, Sec. 132(a),
May 5, 1976, 90 Stat. 441, authorized the Secretary to construct or
reconstruct any public highway or highway bridge across any Federal
public works project, specified conditions under which such work
may be done, and authorized appropriations for such work of
$100,000,000 to be available in the fiscal year in which
appropriated and for the two succeeding fiscal years, prior to
repeal by Pub. L. 100-17, title I, Sec. 126(a), Apr. 2, 1987, 101
Stat. 167.
AMENDMENTS
1998 - Pub. L. 105-178 amended section catchline and text
generally. Prior to amendment, text read as follows: "Subject to
section 142(f), States shall charge, as a minimum, fair market
value, with exceptions granted at the discretion of the Secretary
for social, environmental, and economic mitigation purposes, for
the sale, use, lease, or lease renewals (other than for utility use
and occupancy or for transportation projects eligible for
assistance under this title) of right-of-way airspace acquired as a
result of a project funded in whole or in part with Federal
assistance made available from the Highway Trust Fund (other than
the Mass Transit Account). This section applies to new airspace
usage proposals, renewals of prior agreements, arrangements, or
leases entered into by the State after the date of the enactment of
the Federal-Aid Highway Act of 1987. The Federal share of net
income from the revenues obtained by the State for sales, uses, or
leases (including lease renewals) under this section shall be used
by the State for projects eligible under this title."
1991 - Pub. L. 102-240 substituted "Subject to section 142(f),
States shall" for "States shall".
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
-End-
-CITE-
23 USC Sec. 157 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 157. Safety incentive grants for use of seat belts
-STATUTE-
(a) Definitions. - In this section, the following definitions
apply:
(1) Motor vehicle. - The term "motor vehicle" means a vehicle
driven or drawn by mechanical power and manufactured primarily
for use on public highways, but does not include a vehicle
operated solely on a rail line.
(2) Multipurpose passenger motor vehicle. - The term
"multipurpose passenger motor vehicle" means a motor vehicle with
motive power (except a trailer), designed to carry not more than
10 individuals, that is constructed on a truck chassis or is
constructed with special features for occasional off-road
operation.
(3) National average seat belt use rate. - The term "national
average seat belt use rate" means, in the case of each of
calendar years 1996 through 2003, the national average seat belt
use rate for that year, as determined by the Secretary.
(4) Passenger car. - The term "passenger car" means a motor
vehicle with motive power (except a multipurpose passenger motor
vehicle, motorcycle, or trailer) designed to carry not more than
10 individuals.
(5) Passenger motor vehicle. - The term "passenger motor
vehicle" means a passenger car or a multipurpose passenger motor
vehicle.
(6) Savings to the federal government. - The term "savings to
the Federal Government" means the amount of Federal budget
savings relating to Federal medical costs (including savings
under the medicare and medicaid programs under titles XVIII and
XIX of the Social Security Act (42 U.S.C. 1395 et seq.)), as
determined by the Secretary.
(7) Seat belt. - The term "seat belt" means -
(A) with respect to an open-body passenger motor vehicle,
including a convertible, an occupant restraint system
consisting of a lap belt or a lap belt and a detachable
shoulder belt; and
(B) with respect to any other passenger motor vehicle, an
occupant restraint system consisting of integrated lap and
shoulder belts.
(8) State seat belt use rate. - The term "State seat belt use
rate" means the rate of use of seat belts in passenger motor
vehicles in a State, as measured and submitted to the Secretary -
(A) for each of calendar years 1996 and 1997, by the State,
as weighted by the Secretary to ensure national consistency in
methods of measurement (as determined by the Secretary); and
(B) for each of calendar years 1998 through 2003, by the
State in a manner consistent with the criteria established by
the Secretary under subsection (e).
(b) Determinations by the Secretary. - Not later than September
1, 1998, and September 1 of each calendar year thereafter through
September 1, 2005, the Secretary shall determine -
(1)(A) which States had, for each of the previous calendar
years (in this subsection referred to as the "previous calendar
year") and the year preceding the previous calendar year, a State
seat belt use rate greater than the national average seat belt
use rate for that year; and
(B) in the case of each State described in subparagraph (A),
the amount that is equal to the savings to the Federal Government
due to the amount by which the State seat belt use rate for the
previous calendar year exceeds the national average seat belt use
rate for that year; and
(2) in the case of each State that is not a State described in
paragraph (1)(A) -
(A) the base seat belt use rate of the State, which shall be
equal to the highest State seat belt use rate for the State for
any calendar year during the period of 1996 through the
calendar year preceding the previous calendar year; and
(B) the amount that is equal to the savings to the Federal
Government due to any increase in the State seat belt use rate
for the previous calendar year over the base seat belt use rate
determined under subparagraph (A).
(c) Allocations. -
(1) States with greater than the national average seat belt use
rate. - Not later than October 1, 1998, and each October 1
thereafter through October 1, 2004, the Secretary shall allocate
to each State described in subsection (b)(1)(A) an amount equal
to the amount determined for the State under subsection
(b)(1)(B).
(2) Other states. - Not later than October 1, 1998, and each
October 1 thereafter through October 1, 2004, the Secretary shall
allocate to each State described in subsection (b)(2) an amount
equal to the amount determined for the State under subsection
(b)(2)(B).
(d) Use of Amounts. - For each fiscal year, each State that is
allocated an amount under this section shall use the amount for
projects eligible for assistance under this title.
(e) Criteria. - Not later than 180 days after the date of
enactment of this section, the Secretary shall establish criteria
for the measurement of State seat belt use rates by States to
ensure that the measurements are accurate and representative.
(f) Innovative Seat Belt Project Allocations. -
(1) In general. - The Secretary shall use amounts made
available under subsection (g)(3) to make allocations to States
to carry out innovative projects to promote increased seat belt
use rates.
(2) Determination of eligibility. - To be eligible to receive
an allocation under this subsection for a fiscal year, a State
shall -
(A) develop a plan for innovative projects described in
paragraph (1); and
(B) submit the plan to the Secretary not later than March 1
of the fiscal year.
(3) Plan selection. -
(A) Criteria. - Not later than December 1, 1998, the
Secretary shall establish criteria for the selection of State
plans for allocations under this subsection.
(B) Selection. - The Secretary shall select State plans for
allocations under this subsection in accordance with the
criteria established under subparagraph (A).
(C) States. - In carrying out this paragraph, the Secretary
shall ensure, to the maximum extent practicable, demographic
and geographic diversity and a diversity of seat belt use rates
among the States selected for allocations.
(4) Allocation. - Not later than October 1, 1999, and each
October 1 thereafter through October 1, 2004, the Secretary shall
allocate funds to the States whose plans were selected under
paragraph (3).
(5) Amount of allocations. - Subject to the availability of
unallocated amounts under subsection (g)(3), the amount of each
allocation to a State under this subsection shall be not less
than $100,000 for each fiscal year that is covered by a State
plan.
(6) Use of allocations. - An allocation to a State under this
subsection shall be used to carry out the innovative seat belt
projects described in the State plan for which the allocation is
awarded.
(7) Federal share. - The Federal share of the cost of an
innovative seat belt project under this section shall be 100
percent.
(8) Period of availability. - Amounts allocated to a State
under this subsection shall remain available for obligation in
the State for a period of 3 years after the last day of the
fiscal year for which the amounts are allocated.
(g) Funding. -
(1) In general. - There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $82,000,000 for fiscal year 1999,
$92,000,000 for fiscal year 2000, $102,000,000 for fiscal year
2001, $112,000,000 for fiscal year 2002, $112,000,000 for fiscal
year 2003, $112,000,000 for fiscal year 2004, and $112,000,000
for fiscal year 2005.
(2) Proportionate adjustment. - If the total amounts to be
allocated under subsection (c) for any fiscal year would exceed
the amounts authorized for the fiscal year under paragraph (1),
the allocation to each State under subsection (c) shall be
reduced proportionately.
(3) Use of unallocated funds. -
(A) Fiscal year 1999. - To the extent that the amounts made
available for fiscal year 1999 under paragraph (1) exceed the
total amounts to be allocated under subsection (c) for fiscal
year 1999, the excess amounts -
(i) shall be apportioned in accordance with section
104(b)(3);
(ii) shall be considered to be sums made available for
expenditure on the surface transportation program, except
that the amounts shall not be subject to section 133(d); and
(iii) shall be available for any purpose eligible for
funding under section 133.
(B) Fiscal years 2000 through 2005. - To the extent that the
amounts made available for any of fiscal years 2000 through
2005 under paragraph (1) exceed the total amounts to be
allocated under subsection (c) for the fiscal year, the excess
amounts shall be used to make allocations under subsection (f).
-SOURCE-
(Added Pub. L. 105-178, title I, Sec. 1403(a), June 9, 1998, 112
Stat. 237; amended Pub. L. 108-88, Sec. 6(a)(1), Sept. 30, 2003,
117 Stat. 1119; Pub. L. 108-202, Sec. 6(a), Feb. 29, 2004, 118
Stat. 483; Pub. L. 108-224, Sec. 5(a), Apr. 30, 2004, 118 Stat.
632; Pub. L. 108-263, Sec. 5(a), June 30, 2004, 118 Stat. 703; Pub.
L. 108-280, Sec. 5(a), July 30, 2004, 118 Stat. 881; Pub. L. 108-
310, Sec. 6(a)(1), Sept. 30, 2004, 118 Stat. 1152; Pub. L. 109-14,
Sec. 5(a)(1), May 31, 2005, 119 Stat. 329; Pub. L. 109-20, Sec.
5(a)(1), July 1, 2005, 119 Stat. 351; Pub. L. 109-35, Sec. 5(a)(1),
July 20, 2005, 119 Stat. 384; Pub. L. 109-37, Sec. 5(a)(1), July
22, 2005, 119 Stat. 399; Pub. L. 109-40, Sec. 5(a)(1), July 28,
2005, 119 Stat. 415; Pub. L. 109-59, title I, Sec. 1406, Aug. 10,
2005, 119 Stat. 1231.)
-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (a)(6), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and
XIX of the Social Security Act are classified generally to
subchapters XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.)
of chapter 7 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see section 1305
of Title 42 and Tables.
The date of enactment of this section, referred to in subsec.
(e), is the date of enactment of Pub. L. 105-178, which was
approved June 9, 1998.
-MISC1-
PRIOR PROVISIONS
A prior section 157, added Pub. L. 97-424, title I, Sec. 150(a),
Jan. 6, 1983, 96 Stat. 2131; amended Pub. L. 99-272, title IV, Sec.
4102(f), Apr. 7, 1986, 100 Stat. 113; Pub. L. 100-17, title I,
Secs. 105(h), 124, Apr. 2, 1987, 101 Stat. 144, 164; Pub. L. 102-
240, title I, Secs. 1002(h), 1013(a), (b), Dec. 18, 1991, 105
Stat. 1918, 1940; Pub. L. 103-272, Sec. 5(f)(3), July 5, 1994, 108
Stat. 1374, related to minimum allocations to States, prior to
repeal by Pub. L. 105-178, title I, Sec. 1403(a), June 9, 1998, 112
Stat. 237.
AMENDMENTS
2005 - Subsec. (g)(1). Pub. L. 109-59 substituted "2004, and
$112,000,000 for fiscal year 2005" for "2004, and $92,975,342 for
the period of October 1, 2004, through July 30, 2005".
Pub. L. 109-40 substituted "$92,975,342 for the period of October
1, 2004, through July 30, 2005" for "$92,054,794 for the period of
October 1, 2004, through July 27, 2005".
Pub. L. 109-37 substituted "$92,054,794 for the period of October
1, 2004, through July 27, 2005" for "$90,720,000 for the period of
October 1, 2004, through July 21, 2005".
Pub. L. 109-35 substituted "$90,720,000 for the period of October
1, 2004, through July 21, 2005" for "$89,600,000 for the period of
October 1, 2004, through July 19, 2005".
Pub. L. 109-20 substituted "$89,600,000 for the period of October
1, 2004, through July 19, 2005" for "$84,000,000 for the period of
October 1, 2004, through June 30, 2005".
Pub. L. 109-14 substituted "$84,000,000 for the period of October
1, 2004, through June 30, 2005" for "$74,666,667 for the period of
October 1, 2004, through May 31, 2005".
2004 - Subsec. (a)(3), (8)(B). Pub. L. 108-310, Sec. 6(a)(1)(A),
(B), substituted "2003" for "2002".
Subsec. (b). Pub. L. 108-310, Sec. 6(a)(1)(C), substituted "2005"
for "2003" in introductory provisions.
Subsecs. (c)(1), (2), (f)(4). Pub. L. 108-310, Sec. 6(a)(1)(D)-
(F), substituted "2004" for "2003".
Subsec. (g)(1). Pub. L. 108-310, Sec. 6(a)(1)(G), struck out
"and" after "2003," and inserted ", and $74,666,667 for the period
of October 1, 2004, through May 31, 2005" before period at end.
Pub. L. 108-280 substituted "$112,000,000 for fiscal year 2004"
for "$93,333,333 for the period of October 1, 2003, through July
31, 2004".
Pub. L. 108-263 substituted "$93,333,333 for the period of
October 1, 2003, through July 31, 2004" for "$84,000,000 for the
period of October 1, 2003, through June 30, 2004".
Pub. L. 108-224 substituted "$84,000,000 for the period of
October 1, 2003, through June 30, 2004" for "$65,333,333 for the
period of October 1, 2003, through April 30, 2004".
Pub. L. 108-202 substituted "$65,333,333 for the period of
October 1, 2003, through April 30, 2004" for "$46,666,667 for the
period of October 1, 2003, through February 29, 2004".
Subsec. (g)(3)(B). Pub. L. 108-310, Sec. 6(a)(1)(H), (I),
substituted "2005" for "2004" in heading and text.
2003 - Subsec. (a)(3), (8)(B). Pub. L. 108-88, Sec. 6(a)(1)(A),
(B), substituted "2002" for "2001".
Subsec. (b). Pub. L. 108-88, Sec. 6(a)(1)(C), substituted "2003"
for "2002" in introductory provisions.
Subsecs. (c)(1), (2), (f)(4). Pub. L. 108-88, Sec. 6(a)(1)(D)-
(F), substituted "2003" for "2002".
Subsec. (g)(1). Pub. L. 108-88, Sec. 6(a)(1)(G), struck out "and"
after "2002," and inserted before period at end ", and $46,666,667
for the period of October 1, 2003, through February 29, 2004".
Subsec. (g)(3)(B). Pub. L. 108-88, Sec. 6(a)(1)(H), (I),
substituted "2004" for "2003" in heading and text.
SAVINGS CLAUSE
Pub. L. 105-178, title I, Sec. 1403(c), June 9, 1998, 112 Stat.
240, provided that: "The amendment made by subsection (a) [enacting
this section and repealing former section 157 of this title] shall
not affect any funds apportioned or allocated before the date of
enactment of this Act [June 9, 1998]."
-End-
-CITE-
23 USC Sec. 158 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 158. National minimum drinking age
-STATUTE-
(a) Withholding of Funds for Noncompliance. -
(1) In general. - The Secretary shall withhold 10 per centum of
the amount required to be apportioned to any State under each of
sections 104(b)(1), 104(b)(3), and 104(b)(4) of this title on the
first day of each fiscal year after the second fiscal year
beginning after September 30, 1985, in which the purchase or
public possession in such State of any alcoholic beverage by a
person who is less than twenty-one years of age is lawful.
(2) State grandfather law as complying. - If, before the later
of (A) October 1, 1986, or (B) the tenth day following the last
day of the first session the legislature of a State convenes
after the date of the enactment of this paragraph, such State has
in effect a law which makes unlawful the purchase and public
possession in such State of any alcoholic beverage by a person
who is less than 21 years of age (other than any person who is 18
years of age or older on the day preceding the effective date of
such law and at such time could lawfully purchase or publicly
possess any alcoholic beverage in such State), such State shall
be deemed to be in compliance with paragraph (1) in each fiscal
year in which such law is in effect.
(b) Effect of Withholding of Funds. - No funds withheld under
this section from apportionment to any State after September 30,
1988, shall be available for apportionment to that State.
(c) Alcoholic Beverage Defined. - As used in this section, the
term "alcoholic beverage" means -
(1) beer as defined in section 5052(a) of the Internal Revenue
Code of 1986,
(2) wine of not less than one-half of 1 per centum of alcohol
by volume, or
(3) distilled spirits as defined in section 5002(a)(8) of such
Code.
-SOURCE-
(Added Pub. L. 98-363, Sec. 6(a), July 17, 1984, 98 Stat. 437;
amended Pub. L. 99-272, title IV, Sec. 4104, Apr. 7, 1986, 100
Stat. 114; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 105-178, title I, Sec. 1103(l)(2), June 9, 1998, 112 Stat.
125.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this paragraph, referred to in
subsec. (a)(2), is the date of enactment of Pub. L. 99-272, which
was approved Apr. 7, 1986.
The Internal Revenue Code of 1986, referred to in subsec. (c), is
set out in Title 26, Internal Revenue Code.
-MISC1-
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-178, Sec. 1103(l)(2)(A)(i)-
(iii), redesignated par. (2) as (1), substituted "In general" for
"After the first year" in heading and "104(b)(3), and 104(b)(4)"
for "104(b)(2), 104(b)(5), and 104(b)(6)" in text, and struck out
former par. (1) which read as follows:
"(1) First year. - The Secretary shall withhold 5 per centum of
the amount required to be apportioned to any State under each of
sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of this
title on the first day of the fiscal year succeeding the first
fiscal year beginning after September 30, 1985, in which the
purchase or public possession in such State of any alcoholic
beverage by a person who is less than twenty-one years of age is
lawful."
Subsec. (a)(2), (3). Pub. L. 105-178, Sec. 1103(l)(2)(A)(ii),
(iv), redesignated par. (3) as (2) and substituted "paragraph (1)"
for "paragraphs (1) and (2) of this subsection". Former par. (2)
redesignated (1).
Subsec. (b). Pub. L. 105-178, Sec. 1103(l)(2)(B), added subsec.
(b) and struck out heading and text of former subsec. (b) which
related to period of availability for apportionment to State of
funds withheld by the Secretary pending State enactment of
federally-prescribed minimum drinking age.
1986 - Subsec. (a). Pub. L. 99-272, Sec. 4104(d)(1), added
subsection heading.
Subsec. (a)(1). Pub. L. 99-272, Sec. 4104(d)(2)-(4), added
paragraph heading, aligned margins, and inserted "first" before
"fiscal year beginning".
Subsec. (a)(2). Pub. L. 99-272, Sec. 4104(a), (d)(3), (5), added
paragraph heading, realigned margins, and substituted "each fiscal
year after" for "the fiscal year succeeding".
Subsec. (a)(3). Pub. L. 99-272, Sec. 4104(b), added par. (3).
Subsec. (b). Pub. L. 99-272, Sec. 4104(c), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "The
Secretary shall promptly apportion to a State any funds which have
been withheld from apportionment under subsection (a) of this
section in fiscal year if in any succeeding fiscal year such State
makes unlawful the purchase or public possession of any alcoholic
beverage by a person who is less than twenty-one years of age."
Subsec. (c). Pub. L. 99-272, Sec. 4104(d)(6), added subsection
heading.
Subsec. (c)(1). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954".
-End-
-CITE-
23 USC Sec. 159 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 159. Revocation or suspension of drivers' licenses of
individuals convicted of drug offenses
-STATUTE-
(a) Withholding of Apportionments for Noncompliance. -
(1) Beginning in fiscal year 1994. - For each fiscal year the
Secretary shall withhold 5 percent of the amount required to be
apportioned to any State under each of paragraphs (1), (3), and
(5) (as in effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century) of section 104(b)
on the first day of each fiscal year which begins after the
second calendar year following the effective date of this section
if the State does not meet the requirements of paragraph (3) on
such date.
(2) Beginning in fiscal year 1996. - The Secretary shall
withhold 10 percent (including any amounts withheld under
paragraph (1)) of the amount required to be apportioned to any
State under each of paragraphs (1), (3), and (5) (as in effect on
the day before the date of enactment of the Transportation Equity
Act for the 21st Century) of section 104(b) on the first day of
each fiscal year which begins after the fourth calendar year
following the effective date of this section if the State does
not meet the requirements of paragraph (3) on the first day of
such fiscal year.
(3) Requirements. - A State meets the requirements of this
paragraph if -
(A) the State has enacted and is enforcing a law that
requires in all circumstances, or requires in the absence of
compelling circumstances warranting an exception -
(i) the revocation, or suspension for at least 6 months, of
the driver's license of any individual who is convicted,
after the enactment of such law, of -
(I) any violation of the Controlled Substances Act, or
(II) any drug offense; and
(ii) a delay in the issuance or reinstatement of a driver's
license to such an individual for at least 6 months after the
individual applies for the issuance or reinstatement of a
driver's license if the individual does not have a driver's
license, or the driver's license of the individual is
suspended, at the time the individual is so convicted; or
(B) the Governor of the State -
(i) submits to the Secretary no earlier than the
adjournment sine die of the first regularly scheduled session
of the State's legislature which begins after the effective
date of this section a written certification stating that the
Governor is opposed to the enactment or enforcement in the
State of a law described in subparagraph (A), relating to the
revocation, suspension, issuance, or reinstatement of
drivers' licenses to convicted drug offenders; and
(ii) submits to the Secretary a written certification that
the legislature (including both Houses where applicable) has
adopted a resolution expressing its opposition to a law
described in clause (i).
(b) Period of Availability; Effect of Compliance and
Noncompliance. -
(1) Period of availability of withheld funds. -
(A) Funds withheld on or before september 30, 1995. - Any
funds withheld under subsection (a) from apportionment to any
State on or before September 30, 1995, shall remain available
for apportionment to such State as follows:
(i) If such funds would have been apportioned under section
104(b)(5)(A) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century) but for this section, such funds shall remain
available until the end of the fiscal year for which such
funds are authorized to be appropriated.
(ii) If such funds would have been apportioned under
section 104(b)(5)(B) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the 21st
Century) but for this section, such funds shall remain
available until the end of the second fiscal year following
the fiscal year for which such funds are authorized to be
appropriated.
(iii) If such funds would have been apportioned under
paragraph (1), (3), or (5) (as in effect on the day before
the date of enactment of the Transportation Equity Act for
the 21st Century) of section 104(b) but for this section,
such funds shall remain available until the end of the third
fiscal year following the fiscal year for which such funds
are authorized to be appropriated.
(B) Funds withheld after september 30, 1995. - No funds
withheld under this section from apportionment to any State
after September 30, 1995, shall be available for apportionment
to such State.
(2) Apportionment of withheld funds after compliance. - If,
before the last day of the period for which funds withheld under
subsection (a) from apportionment are to remain available for
apportionment to a State under paragraph (1), the State meets the
requirements of subsection (a)(3), the Secretary shall, on the
first day on which the State meets the requirements of subsection
(a)(3), apportion to the State the funds withheld under
subsection (a) that remain available for apportionment to the
State.
(3) Period of availability of subsequently apportioned funds. -
Any funds apportioned pursuant to paragraph (2) shall remain
available for expenditure as follows:
(A) Funds which would have been originally apportioned under
section 104(b)(5)(A) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the 21st
Century) shall remain available until the end of the fiscal
year succeeding the fiscal year in which such funds are
apportioned under paragraph (2).
(B) Funds which would have been originally apportioned under
paragraph (1), (3), or (5)(B) (as in effect on the day before
the date of enactment of the Transportation Equity Act for the
21st Century) of section 104(b) shall remain available until
the end of the third fiscal year succeeding the fiscal year in
which such funds are so apportioned.
Sums not obligated at the end of such period shall lapse or, in
the case of funds apportioned under section 104(b)(5) (as in
effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century), shall lapse and
be made available by the Secretary for projects in accordance
with section 118(b).
(4) Effect of noncompliance. - If, at the end of the period for
which funds withheld under subsection (a) from apportionment are
available for apportionment to a State under paragraph (1), the
State does not meet the requirements of subsection (a)(3), such
funds shall lapse or, in the case of funds withheld from
apportionment under section 104(b)(5) (as in effect on the day
before the date of enactment of the Transportation Equity Act for
the 21st Century), such funds shall lapse and be made available
by the Secretary for projects in accordance with section 118(b).
(c) Definitions. - For purposes of this section -
(1) Driver's license. - The term "driver's license" means a
license issued by a State to any individual that authorizes the
individual to operate a motor vehicle on highways.
(2) Drug offense. - The term "drug offense" means any criminal
offense which proscribes -
(A) the possession, distribution, manufacture, cultivation,
sale, transfer, or the attempt or conspiracy to possess,
distribute, manufacture, cultivate, sell, or transfer any
substance the possession of which is prohibited under the
Controlled Substances Act; or
(B) the operation of a motor vehicle under the influence of
such a substance.
(3) Convicted. - The term "convicted" includes adjudicated
under juvenile proceedings.
-SOURCE-
(Added Pub. L. 102-143, title III, Sec. 333(a), Oct. 28, 1991, 105
Stat. 944; amended Pub. L. 102-388, title III, Sec. 327(a), Oct. 6,
1992, 106 Stat. 1547; Pub. L. 105-178, title I, Sec. 1103(l)(3)(E),
June 9, 1998, 112 Stat. 126.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of the Transportation Equity Act for the
21st Century, referred to in subsecs. (a)(1), (2) and (b)(1)(A),
(3), (4), is the date of enactment of Pub. L. 105-178, which was
approved June 9, 1998.
The effective date of this section, referred to in subsec.
(a)(1), (2), (3)(B)(i), is Nov. 5, 1990. See section 333(e) of Pub.
L. 102-143, set out as a note below.
The Controlled Substances Act, referred to in subsecs.
(a)(3)(A)(i)(I) and (c)(2)(A), is title II of Pub. L. 91-513, Oct.
27, 1970, 84 Stat. 1242, as amended, which is classified
principally to subchapter I (Sec. 801 et seq.) of chapter 13 of
Title 21, Food and Drugs. For complete classification of this Act
to the Code, see Short Title note set out under section 801 of
Title 21 and Tables.
-MISC1-
AMENDMENTS
1998 - Subsec. (a)(1), (2). Pub. L. 105-178, Sec.
1103(l)(3)(E)(i), substituted "(5) (as in effect on the day before
the date of enactment of the Transportation Equity Act for the 21st
Century) of" for "(5) of" before "section 104(b)".
Subsec. (b)(1)(A)(i). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(I),
substituted "section 104(b)(5)(A) (as in effect on the day before
the date of enactment of the Transportation Equity Act for the 21st
Century)" for "section 104(b)(5)(A)".
Subsec. (b)(1)(A)(ii). Pub. L. 105-178, Sec.
1103(l)(3)(E)(ii)(II), substituted "section 104(b)(5)(B) (as in
effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century)" for "section
104(b)(5)(B)".
Subsec. (b)(1)(A)(iii). Pub. L. 105-178, Sec. 1103(l)(3)(E)(i),
substituted "(5) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st Century)
of" for "(5) of" before "section 104(b)".
Subsec. (b)(3). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(IV),
substituted "section 104(b)(5) (as in effect on the day before the
date of enactment of the Transportation Equity Act for the 21st
Century)" for "section 104(b)(5)" in concluding provisions.
Subsec. (b)(3)(A). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(I),
substituted "section 104(b)(5)(A) (as in effect on the day before
the date of enactment of the Transportation Equity Act for the 21st
Century)" for "section 104(b)(5)(A)".
Subsec. (b)(3)(B). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(III),
substituted "(5)(B) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st Century)"
for "(5)(B)".
Subsec. (b)(4). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(IV),
substituted "section 104(b)(5) (as in effect on the day before the
date of enactment of the Transportation Equity Act for the 21st
Century)" for "section 104(b)(5)".
1992 - Pub. L. 102-388 amended section generally, substituting
"Beginning in fiscal year 1994" for "After second calendar year" as
subsec. (a)(1) heading, "paragraphs (1), (3), and (5)" for
"paragraphs (1), (2), (5), and (6)" in subsec. (a)(1) and (2),
"Beginning in fiscal year 1996" for "After fourth calendar year" as
subsec. (a)(2) heading, "paragraph (1), (3), or (5)" for "paragraph
(1), (2), or (6)" in subsec. (b)(1)(A)(iii), and "paragraph (1),
(3), or (5)(B)" for "paragraph (1), (2), (5)(B), or (6)" in subsec.
(b)(3)(B).
EFFECTIVE DATE OF 1992 AMENDMENT
Section 327(b) of Pub. L. 102-388 provided that: "The amendments
made by subsection (a) of this section [amending this section]
shall take effect November 5, 1990."
EFFECTIVE DATE
Section 333(e) of Pub. L. 102-143 provided that: "The amendments
made by subsection (a) of this section [enacting this section]
shall take effect November 5, 1990."
STUDY ON STATE COMPLIANCE WITH REQUIREMENTS FOR REVOCATION AND
SUSPENSION OF DRIVERS' LICENSES
Pub. L. 102-240, title I, Sec. 1094, Dec. 18, 1991, 105 Stat.
2025, provided that:
"(a) Study. - The Secretary shall conduct a study of State
efforts to comply with the provisions of section 333 of the
Department of Transportation and Related Agencies Appropriations
Acts, 1991 and 1992 [section 333 of Pub. L. 102-143 (1992 Act)
enacted this section and provisions set out as a note above and
repealed section 333 of Pub. L. 101-516 (1991 Act) which amended
section 104 of this title and enacted provisions set out as a note
thereunder], relating to revocation and suspension of drivers'
licenses.
"(b) Report. - Not later than December 31, 1992, the Secretary
shall transmit to Congress a report on the results of the study
conducted under this section."
-End-
-CITE-
23 USC Sec. 160 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 160. Reimbursement for segments of the Interstate System
constructed without Federal assistance
-STATUTE-
(a) General Authority. - The Secretary shall allocate to the
States in each of fiscal years 1996 and 1997 amounts determined
under subsection (b) for reimbursement of their original
contributions to construction of segments of the Interstate System
which were constructed without Federal financial assistance.
(b) Determination of Reimbursement Amount. - The amount to be
reimbursed to a State in each of fiscal years 1996 and 1997 under
this section shall be determined by multiplying the amount made
available for carrying out this section for such fiscal year by the
reimbursement percentage set forth in the table contained in
subsection (c).
(c) Reimbursement Table. - For purposes of carrying out this
section, the reimbursement percentage, the original cost for
constructing the Interstate System, and the total reimbursable
amount for each State is set forth in the following table:
States Original Reimbu Reimbu
rsement rsable
cost in percen amount in
millions tage millions
--------------------------------------------------------------------
Alabama $9 0.50 $147
Alaska 0.50 147
Arizona 20 0.50 147
Arkansas 6 0.50 147
California 298 5.42 1,591
Colorado 23 0.50 147
Connecticut 314 5.71 1,676
Delaware 39 0.71 209
Florida 31 0.56 164
Georgia 46 0.84 246
Hawaii 0.50 147
Idaho 5 0.50 147
Illinois 475 8.62 2,533
Indiana 167 3.03 892
Iowa 5 0.50 147
Kansas 101 1.84 540
Kentucky 32 0.57 169
Louisiana 22 0.50 147
Maine 38 0.69 204
Maryland 154 2.79 820
Massachusetts 283 5.14 1,511
Michigan 228 4.14 1,218
Minnesota 16 0.50 147
Mississippi 6 0.50 147
Missouri 74 1.35 396
Montana 5 0.50 147
Nebraska 1 0.50 147
Nevada 2 0.50 147
New Hampshire 8 0.50 147
New Jersey 353 6.41 1,882
New Mexico 8 0.50 147
New York 929 16.88 4,960
North Carolina 36 0.65 191
North Dakota 3 0.50 147
Ohio 257 4.68 1,374
Oklahoma 91 1.66 486
Oregon 78 1.42 417
Pennsylvania 354 6.43 1,888
Rhode Island 12 0.50 147
South Carolina 4 0.50 147
South Dakota 5 0.50 147
Tennessee 7 0.50 147
Texas 200 3.64 1,069
Utah 6 0.50 147
Vermont 1 0.50 147
Virginia 111 2.01 591
Washington 73 1.32 389
West Virginia 5 0.50 147
Wisconsin 8 0.50 147
Wyoming 9 0.50 147
D.C. 9 0.50 147
-----------------------------------
TOTALS $4,967 100.00 $29,384
--------------------------------------------------------------------
(d) Transfer of Reimbursable Amounts to STP Apportionment. -
Subject to subsection (e) of this section, the Secretary shall
transfer amounts allocated to a State pursuant to this section to
the apportionment of such State under section 104(b)(3) for the
surface transportation program.
(e) Limitation on Applicability of Certain Requirements of STP
Program. - The following provisions of section 133 of this title
shall not apply to 1/2 of the amounts transferred under
subsection (d) to the apportionment of the State for the surface
transportation program:
(1) Subsection (d)(1).(!1)
(2) Subsection (d)(2).
(3) Subsection (d)(3).
(f) Authorization of Appropriations. - There is authorized to be
appropriated, out of the Highway Trust Fund (other than the Mass
Transit Account), $2,000,000,000 per fiscal year for each of fiscal
years 1996 and 1997 to carryout this section.
-SOURCE-
(Added Pub. L. 102-240, title I, Sec. 1014(a), Dec. 18, 1991, 105
Stat. 1941.)
-REFTEXT-
REFERENCES IN TEXT
Subsection (d)(1) of section 133 of this title, referred to in
subsec. (e)(1), was repealed by Pub. L. 109-59, title I, Sec.
1113(b)(1), Aug. 10, 2005, 119 Stat. 1172.
-MISC1-
EFFECTIVE DATE
Section effective Dec. 18, 1991, and applicable to funds
authorized to be appropriated or made available after Sept. 30,
1991, and, with certain exceptions, not applicable to funds
appropriated or made available on or before Sept. 30, 1991, see
section 1100 of Pub. L. 102-240, set out as an Effective Date of
1991 Amendment note under section 104 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
23 USC Sec. 161 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 161. Operation of motor vehicles by intoxicated minors
-STATUTE-
(a) Withholding of Apportionments for Noncompliance. -
(1) Fiscal year 1999. - The Secretary shall withhold 5 percent
of the amount required to be apportioned to any State under each
of paragraphs (1), (3), and (4) of section 104(b) on October 1,
1998, if the State does not meet the requirement of paragraph (3)
on that date.
(2) Thereafter. - The Secretary shall withhold 10 percent
(including any amounts withheld under paragraph (1)) of the
amount required to be apportioned to any State under each of
paragraphs (1), (3), and (4) of section 104(b) on October 1,
1999, and on October 1 of each fiscal year thereafter, if the
State does not meet the requirement of paragraph (3) on that
date.
(3) Requirement. - A State meets the requirement of this
paragraph if the State has enacted and is enforcing a law that
considers an individual under the age of 21 who has a blood
alcohol concentration of 0.02 percent or greater while operating
a motor vehicle in the State to be driving while intoxicated or
driving under the influence of alcohol.
(b) Period of Availability; Effect of Compliance and
Noncompliance. -
(1) Period of availability of withheld funds. -
(A) Funds withheld on or before september 30, 2000. - Any
funds withheld under subsection (a) from apportionment to any
State on or before September 30, 2000, shall remain available
until the end of the third fiscal year following the fiscal
year for which the funds are authorized to be appropriated.
(B) Funds withheld after september 30, 2000. - No funds
withheld under this section from apportionment to any State
after September 30, 2000, shall be available for apportionment
to the State.
(2) Apportionment of withheld funds after compliance. - If,
before the last day of the period for which funds withheld under
subsection (a) from apportionment are to remain available for
apportionment to a State under paragraph (1), the State meets the
requirement of subsection (a)(3), the Secretary shall, on the
first day on which the State meets the requirement, apportion to
the State the funds withheld under subsection (a) that remain
available for apportionment to the State.
(3) Period of availability of subsequently apportioned funds. -
Any funds apportioned pursuant to paragraph (2) shall remain
available for expenditure until the end of the third fiscal year
following the fiscal year in which the funds are so apportioned.
Sums not obligated at the end of that period shall lapse.
(4) Effect of noncompliance. - If, at the end of the period for
which funds withheld under subsection (a) from apportionment are
available for apportionment to a State under paragraph (1), the
State does not meet the requirement of subsection (a)(3), the
funds shall lapse.
-SOURCE-
(Added Pub. L. 104-59, title III, Sec. 320(a), Nov. 28, 1995, 109
Stat. 589; amended Pub. L. 105-178, title I, Sec. 1103(l)(3)(F),
June 9, 1998, 112 Stat. 126.)
-MISC1-
AMENDMENTS
1998 - Subsec. (a)(1), (2). Pub. L. 105-178 substituted
"paragraphs (1), (3), and (4) of section 104(b)" for "paragraphs
(1), (3), and (5)(B) of section 104(b)".
-End-
-CITE-
23 USC Sec. 162 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 162. National scenic byways program
-STATUTE-
(a) Designation of Roads. -
(1) In general. - The Secretary shall carry out a national
scenic byways program that recognizes roads having outstanding
scenic, historic, cultural, natural, recreational, and
archaeological qualities by designating the roads as -
(A) National Scenic Byways;
(B) All-American Roads; or
(C) America's Byways.
(2) Criteria. - The Secretary shall designate roads to be
recognized under the national scenic byways program in accordance
with criteria developed by the Secretary.
(3) Nomination. -
(A) In general. - To be considered for a designation, a road
must be nominated by a State, an Indian tribe, or a Federal
land management agency and must first be designated as a State
scenic byway, an Indian tribe scenic byway, or, in the case of
a road on Federal land, as a Federal land management agency
byway.
(B) Nomination by indian tribes. - An Indian tribe may
nominate a road as a National Scenic Byway, an All-American
Road, or one of America's Byways under paragraph (1) only if a
Federal land management agency (other than the Bureau of Indian
Affairs), a State, or a political subdivision of a State does
not have -
(i) jurisdiction over the road; or
(ii) responsibility for managing the road.
(C) Safety. - An Indian tribe shall maintain the safety and
quality of roads nominated by the Indian tribe under
subparagraph (A).
(4) Reciprocal notification. - States, Indian tribes, and
Federal land management agencies shall notify each other
regarding nominations made under this subsection for roads that -
(A) are within the jurisdictional boundary of the State,
Federal land management agency, or Indian tribe; or
(B) directly connect to roads for which the State, Federal
land management agency, or Indian tribe is responsible.
(b) Grants and Technical Assistance. -
(1) In general. - The Secretary shall make grants and provide
technical assistance to States and Indian tribes to -
(A) implement projects on highways designated as -
(i) National Scenic Byways;
(ii) All-American Roads;
(iii) America's Byways;
(iv) State scenic byways; or
(v) Indian tribe scenic byways; and
(B) plan, design, and develop a State or Indian tribe scenic
byway program.
(2) Priorities. - In making grants, the Secretary shall give
priority to -
(A) each eligible project that is associated with a highway
that has been designated as a National Scenic Byway, All-
American Road, or 1 of America's Byways and that is consistent
with the corridor management plan for the byway;
(B) each eligible project along a State or Indian tribe
scenic byway that is consistent with the corridor management
plan for the byway, or is intended to foster the development of
such a plan, and is carried out to make the byway eligible for
designation as -
(i) a National Scenic Byway;
(ii) an All-American Road; or
(iii) 1 of America's Byways; and
(C) each eligible project that is associated with the
development of a State or Indian tribe scenic byway program.
(c) Eligible Projects. - The following are projects that are
eligible for Federal assistance under this section:
(1) An activity related to the planning, design, or development
of a State or Indian tribe scenic byway program.
(2) Development and implementation of a corridor management
plan to maintain the scenic, historical, recreational, cultural,
natural, and archaeological characteristics of a byway corridor
while providing for accommodation of increased tourism and
development of related amenities.
(3) Safety improvements to a State scenic byway, Indian tribe
scenic byway, National Scenic Byway, All-American Road, or one of
America's Byways to the extent that the improvements are
necessary to accommodate increased traffic and changes in the
types of vehicles using the highway as a result of the
designation as a State scenic byway, Indian tribe scenic byway,
National Scenic Byway, All-American Road, or one of America's
Byways.
(4) Construction along a scenic byway of a facility for
pedestrians and bicyclists, rest area, turnout, highway shoulder
improvement, overlook, or interpretive facility.
(5) An improvement to a scenic byway that will enhance access
to an area for the purpose of recreation, including water-related
recreation.
(6) Protection of scenic, historical, recreational, cultural,
natural, and archaeological resources in an area adjacent to a
scenic byway.
(7) Development and provision of tourist information to the
public, including interpretive information about a scenic byway.
(8) Development and implementation of a scenic byway marketing
program.
(d) Limitation. - The Secretary shall not make a grant under this
section for any project that would not protect the scenic,
historical, recreational, cultural, natural, and archaeological
integrity of a highway and adjacent areas.
(e) Savings Clause. - The Secretary shall not withhold any grant
or impose any requirement on a State or Indian tribe as a condition
of providing a grant or technical assistance for any scenic byway
unless the requirement is consistent with the authority provided in
this chapter.
(f) Federal Share. - The Federal share of the cost of carrying
out a project under this section shall be 80 percent, except that,
in the case of any scenic byway project along a public road that
provides access to or within Federal or Indian land, a Federal land
management agency may use funds authorized for use by the agency as
the non-Federal share.
-SOURCE-
(Added Pub. L. 105-178, title I, Sec. 1219(a), June 9, 1998, 112
Stat. 219; amended Pub. L. 109-59, title I, Sec. 1802, Aug. 10,
2005, 119 Stat. 1456; Pub. L. 110-244, title I, Sec. 101(o), June
6, 2008, 122 Stat. 1576.)
-MISC1-
AMENDMENTS
2008 - Subsec. (a)(3)(B). Pub. L. 110-244, Sec. 101(o)(1),
substituted "a National Scenic Byway, an All-American Road, or one
of America's Byways under paragraph (1)" for "a National Scenic
Byway under subparagraph (A)" in introductory provisions.
Subsec. (c)(3). Pub. L. 110-244, Sec. 101(o)(2), substituted "All-
American Road, or one of America's Byways" for "or All-American
Road" in two places.
2005 - Subsec. (a)(1). Pub. L. 109-59, Sec. 1802(a)(1),
substituted "the roads as - " and subpars. (A) to (C) for "the
roads as National Scenic Byways or All-American Roads."
Subsec. (a)(3), (4). Pub. L. 109-59, Sec. 1802(a)(2), added pars.
(3) and (4) and struck out heading and text of former par. (3).
Text read as follows: "To be considered for the designation, a road
must be nominated by a State or a Federal land management agency
and must first be designated as a State scenic byway or, in the
case of a road on Federal land, as a Federal land management agency
byway."
Subsec. (b)(1). Pub. L. 109-59, Sec. 1802(b)(1), inserted "and
Indian tribes" after "States" in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 109-59, Sec. 1802(b)(2), substituted
"designated as - " and cls. (i) to (v) for "designated as National
Scenic Byways or All-American Roads, or as State scenic byways;
and".
Subsec. (b)(1)(B). Pub. L. 109-59, Sec. 1802(b)(3), inserted "or
Indian tribe" after "State".
Subsec. (b)(2)(A). Pub. L. 109-59, Sec. 1802(b)(4), substituted
"Byway, All-American Road, or 1 of America's Byways" for "Byway or
All-American Road".
Subsec. (b)(2)(B). Pub. L. 109-59, Sec. 1802(b)(5), substituted
"State or Indian tribe" for "State-designated" and "designation as -
" and cls. (i) to (iii) for "designation as a National Scenic
Byway or All-American Road; and".
Subsec. (b)(2)(C). Pub. L. 109-59, Sec. 1802(b)(6), inserted "or
Indian tribe" after "State".
Subsec. (c)(1). Pub. L. 109-59, Sec. 1802(c)(1), inserted "or
Indian tribe" after "State".
Subsec. (c)(3). Pub. L. 109-59, Sec. 1802(c)(2), inserted "Indian
tribe scenic byway," after "improvements to a State scenic byway,"
and "designation as a State scenic byway,".
Subsec. (c)(4). Pub. L. 109-59, Sec. 1802(c)(3), struck out
"passing lane," before "overlook,".
Subsec. (e). Pub. L. 109-59, Sec. 1802(d), inserted "or Indian
tribe" after "State".
-End-
-CITE-
23 USC Sec. 163 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 163. Safety incentives to prevent operation of motor vehicles
by intoxicated persons
-STATUTE-
(a) General Authority. - The Secretary shall make a grant, in
accordance with this section, to any State that has enacted and is
enforcing a law that provides that any person with a blood alcohol
concentration of 0.08 percent or greater while operating a motor
vehicle in the State shall be deemed to have committed a per se
offense of driving while intoxicated (or an equivalent per se
offense).
(b) Grants. - For each fiscal year, funds authorized to carry out
this section shall be apportioned to each State that has enacted
and is enforcing a law meeting the requirements of subsection (a)
in an amount determined by multiplying -
(1) the amount authorized to carry out this section for the
fiscal year; by
(2) the ratio that the amount of funds apportioned to each such
State under section 402 for such fiscal year bears to the total
amount of funds apportioned to all such States under section 402
for such fiscal year.
(c) Use of Grants. - A State may obligate funds apportioned under
subsection (b) for any project eligible for assistance under this
title.
(d) Federal Share. - The Federal share of the cost of a project
funded under this section shall be 100 percent.
(e) Penalty. -
(1) In general. - On October 1, 2003, and October 1 of each
fiscal year thereafter, if a State has not enacted or is not
enforcing a law described in subsection (a), the Secretary shall
withhold from amounts apportioned to the State on that date under
each of paragraphs (1), (3), and (4) of section 104(b) an amount
equal to the amount specified in paragraph (2).
(2) Amount to be withheld. - If a State is subject to a penalty
under paragraph (1), the Secretary shall withhold for a fiscal
year from the apportionments of the State described in paragraph
(1) an amount equal to a percentage of the funds apportioned to
the State under paragraphs (1), (3), and (4) of section 104(b)
for fiscal year 2003. The percentage shall be as follows:
(A) For fiscal year 2004, 2 percent.
(B) For fiscal year 2005, 4 percent.
(C) For fiscal year 2006, 6 percent.
(D) For fiscal year 2007, and each fiscal year thereafter, 8
percent.
(3) Failure to comply. - If, within 4 years from the date that
an apportionment for a State is withheld in accordance with this
subsection, the Secretary determines that the State has enacted
and is enforcing a law described in subsection (a), the
apportionment of the State shall be increased by an amount equal
to the amount withheld. If, at the end of such 4-year period, any
State has not enacted or is not enforcing a law described in
subsection (a) any amounts so withheld from such State shall
lapse.
(f) Authorization of Appropriations. -
(1) In general. - There are authorized to be appropriated out
of the Highway Trust Fund (other than the Mass Transit Account)
to carry out this section $55,000,000 for fiscal year 1998,
$65,000,000 for fiscal year 1999, $80,000,000 for fiscal year
2000, $90,000,000 for fiscal year 2001, $100,000,000 for fiscal
year 2002, $110,000,000 for fiscal year 2003, $110,000,000 for
fiscal year 2004, and $110,000,000 for fiscal year 2005
$91,315,068 for the period of October 1, 2004, through July 30,
2005.(!1)
(2) Availability of funds. - Notwithstanding section 118(b)(2),
the funds authorized by this subsection shall remain available
until expended.
-SOURCE-
(Added Pub. L. 105-178, title I, Sec. 1404(a), June 9, 1998, 112
Stat. 240; amended Pub. L. 108-88, Sec. 6(a)(2), Sept. 30, 2003,
117 Stat. 1119; Pub. L. 108-202, Sec. 6(b), Feb. 29, 2004, 118
Stat. 483; Pub. L. 108-224, Sec. 5(b), Apr. 30, 2004, 118 Stat.
632; Pub. L. 108-263, Sec. 5(b), June 30, 2004, 118 Stat. 703; Pub.
L. 108-280, Sec. 5(b), July 30, 2004, 118 Stat. 881; Pub. L. 108-
310, Sec. 6(a)(2), Sept. 30, 2004, 118 Stat. 1152; Pub. L. 109-14,
Sec. 5(a)(2), May 31, 2005, 119 Stat. 329; Pub. L. 109-20, Sec.
5(a)(2), July 1, 2005, 119 Stat. 351; Pub. L. 109-35, Sec. 5(a)(2),
July 20, 2005, 119 Stat. 384; Pub. L. 109-37, Sec. 5(a)(2), July
22, 2005, 119 Stat. 399; Pub. L. 109-40, Sec. 5(a)(2), July 28,
2005, 119 Stat. 416; Pub. L. 109-59, title I, Sec. 1407(a), (b),
Aug. 10, 2005, 119 Stat. 1231.)
-MISC1-
AMENDMENTS
2005 - Subsec. (e). Pub. L. 109-59, Sec. 1407(a)(2), added
subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 109-40 substituted "$91,315,068 for the
period of October 1, 2004, through July 30, 2005" for "$90,410,958
for the period of October 1, 2004, through July 27, 2005".
Pub. L. 109-37 substituted "$90,410,958 for the period of October
1, 2004, through July 27, 2005" for "$89,100,000 for the period of
October 1, 2004, through July 21, 2005".
Pub. L. 109-35 substituted "$89,100,000 for the period of October
1, 2004, through July 21, 2005" for "$88,000,000 for the period of
October 1, 2004, through July 19, 2005".
Pub. L. 109-20 substituted "$88,000,000 for the period of October
1, 2004, through July 19, 2005" for "$82,500,000 for the period of
October 1, 2004, through June 30, 2005".
Pub. L. 109-14 substituted "$82,500,000 for the period of October
1, 2004, through June 30, 2005" for "$73,333,333 for the period of
October 1, 2004, through May 31, 2005".
Subsec. (f). Pub. L. 109-59, Sec. 1407(a)(1), redesignated
subsec. (e) as (f).
Subsec. (f)(1). Pub. L. 109-59, Sec. 1407(b), substituted "2004,
and $110,000,000 for fiscal year 2005" for "2004, and".
2004 - Subsec. (e)(1). Pub. L. 108-310 struck out "and" after
"2003," and inserted ", and $73,333,333 for the period of October
1, 2004, through May 31, 2005" before period at end.
Pub. L. 108-280 substituted "$110,000,000 for fiscal year 2004"
for "$100,000,000 for the period of October 1, 2003, through July
31, 2004".
Pub. L. 108-263 substituted "$100,000,000 for the period of
October 1, 2003, through July 31, 2004" for "$90,000,000 for the
period of October 1, 2003, through June 30, 2004".
Pub. L. 108-224 substituted "$90,000,000 for the period of
October 1, 2003, through June 30, 2004" for "$70,000,000 for the
period of October 1, 2003, through April 30, 2004".
Pub. L. 108-202 substituted "$70,000,000 for the period of
October 1, 2003, through April 30, 2004" for "$50,000,000 for the
period of October 1, 2003, through February 29, 2004".
2003 - Subsec. (e)(1). Pub. L. 108-88 struck out "and" after
"2002," and inserted before period at end ", and $50,000,000 for
the period of October 1, 2003, through February 29, 2004".
WITHHOLDING OF FUNDS FOR FAILURE TO ENACT AND ENFORCE LAWS RELATING
TO DRIVING WHILE INTOXICATED
Pub. L. 106-346, Sec. 101(a) [title III, Sec. 351], Oct. 23,
2000, 114 Stat. 1356, 1356A-34, directed the Secretary to withhold
a percentage, beginning in fiscal year 2004, of the amount required
to be apportioned for Federal-aid highways to any State under pars.
(1), (3), and (4) of section 104(b) of this title, if a State had
not enacted and was not enforcing a provision described in section
163(a) of this title, and provided for increase of the
apportionment by an amount equal to such reduction if within 4
years from the date of the reduction the Secretary determined that
such State had enacted and was enforcing a provision described in
section 163(a) of this title, prior to repeal by Pub. L. 109-59,
title I, Sec. 1407(c), Aug. 10, 2005, 119 Stat. 1231.
-FOOTNOTE-
(!1) So in original. The words "$91,315,068 for the period of
October 1, 2004, through July 30, 2005" probably should not
appear.
-End-
-CITE-
23 USC Sec. 164 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 164. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence
-STATUTE-
(a) Definitions. - In this section, the following definitions
apply:
(1) Alcohol concentration. - The term "alcohol concentration"
means grams of alcohol per 100 milliliters of blood or grams of
alcohol per 210 liters of breath.
(2) Driving while intoxicated; driving under the influence. -
The terms "driving while intoxicated" and "driving under the
influence" mean driving or being in actual physical control of a
motor vehicle while having an alcohol concentration above the
permitted limit as established by each State.
(3) License suspension. - The term "license suspension" means
the suspension of all driving privileges.
(4) Motor vehicle. - The term "motor vehicle" means a vehicle
driven or drawn by mechanical power and manufactured primarily
for use on public highways, but does not include a vehicle
operated solely on a rail line or a commercial vehicle.
(5) Repeat intoxicated driver law. - The term "repeat
intoxicated driver law" means a State law that provides, as a
minimum penalty, that an individual convicted of a second or
subsequent offense for driving while intoxicated or driving under
the influence after a previous conviction for that offense shall -
(A) receive -
(i) a driver's license suspension for not less than 1 year;
or
(ii) a combination of suspension of all driving privileges
for the first 45 days of the suspension period followed by a
reinstatement of limited driving privileges for the purpose
of getting to and from work, school, or an alcohol treatment
program if an ignition interlock device is installed on each
of the motor vehicles owned or operated, or both, by the
individual;
(B) be subject to the impoundment or immobilization of, or
the installation of an ignition interlock system on, each motor
vehicle owned or operated, or both, by the individual;
(C) receive an assessment of the individual's degree of abuse
of alcohol and treatment as appropriate; and
(D) receive -
(i) in the case of the second offense -
(I) an assignment of not less than 30 days of community
service; or
(II) not less than 5 days of imprisonment; and
(ii) in the case of the third or subsequent offense -
(I) an assignment of not less than 60 days of community
service; or
(II) not less than 10 days of imprisonment.
(b) Transfer of Funds. -
(1) Fiscal years 2001 and 2002. - On October 1, 2000, and
October 1, 2001, if a State has not enacted or is not enforcing a
repeat intoxicated driver law, the Secretary shall transfer an
amount equal to 1 1/2 percent of the funds apportioned to the
State on that date under each of paragraphs (1), (3), and (4) of
section 104(b) to the apportionment of the State under section
402 -
(A) to be used for alcohol-impaired driving countermeasures;
or
(B) to be directed to State and local law enforcement
agencies for enforcement of laws prohibiting driving while
intoxicated or driving under the influence and other related
laws (including regulations), including the purchase of
equipment, the training of officers, and the use of additional
personnel for specific alcohol-impaired driving
countermeasures, dedicated to enforcement of the laws
(including regulations).
(2) Fiscal year 2003 and fiscal years thereafter. - On October
1, 2002, and each October 1 thereafter, if a State has not
enacted or is not enforcing a repeat intoxicated driver law, the
Secretary shall transfer an amount equal to 3 percent of the
funds apportioned to the State on that date under each of
paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402 to be used or
directed as described in subparagraph (A) or (B) of paragraph
(1).
(3) Use for hazard elimination program. - A State may elect to
use all or a portion of the funds transferred under paragraph (1)
or (2) for activities eligible under section 148.
(4) Federal share. - The Federal share of the cost of a project
carried out with funds transferred under paragraph (1) or (2), or
used under paragraph (3), shall be 100 percent.
(5) Derivation of amount to be transferred. - The amount to be
transferred under paragraph (1) or (2) may be derived from one or
more of the following:
(A) The apportionment of the State under section 104(b)(1).
(B) The apportionment of the State under section 104(b)(3).
(C) The apportionment of the State under section 104(b)(4).
(6) Transfer of obligation authority. -
(A) In general. - If the Secretary transfers under this
subsection any funds to the apportionment of a State under
section 402 for a fiscal year, the Secretary shall transfer an
amount, determined under subparagraph (B), of obligation
authority distributed for the fiscal year to the State for
Federal-aid highways and highway safety construction programs
for carrying out projects under section 402.
(B) Amount. - The amount of obligation authority referred to
in subparagraph (A) shall be determined by multiplying -
(i) the amount of funds transferred under subparagraph (A)
to the apportionment of the State under section 402 for the
fiscal year, by
(ii) the ratio that -
(I) the amount of obligation authority distributed for
the fiscal year to the State for Federal-aid highways and
highway safety construction programs, bears to
(II) the total of the sums apportioned to the State for
Federal-aid highways and highway safety construction
programs (excluding sums not subject to any obligation
limitation) for the fiscal year.
(7) Limitation on applicability of obligation limitation. -
Notwithstanding any other provision of law, no limitation on the
total of obligations for highway safety programs under section
402 shall apply to funds transferred under this subsection to the
apportionment of a State under such section.
-SOURCE-
(Added Pub. L. 105-178, title I, Sec. 1406(a), as added Pub. L. 105-
206, title IX, Sec. 9005(a), July 22, 1998, 112 Stat. 845; amended
Pub. L. 109-59, title I, Sec. 1401(a)(3)(C), Aug. 10, 2005, 119
Stat. 1225; Pub. L. 110-244, title I, Sec. 115, June 6, 2008, 122
Stat. 1606.)
-MISC1-
AMENDMENTS
2008 - Subsec. (a)(5)(A), (B). Pub. L. 110-244 added subpars. (A)
and (B) and struck out former subpars. (A) and (B) which read as
follows:
"(A) receive a driver's license suspension for not less than 1
year;
"(B) be subject to the impoundment or immobilization of each of
the individual's motor vehicles or the installation of an ignition
interlock system on each of the motor vehicles;".
2005 - Subsec. (b)(3). Pub. L. 109-59 substituted "148" for
"152".
EFFECTIVE DATE
Section effective simultaneously with enactment of Pub. L. 105-
178 and to be treated as included in Pub. L. 105-178 at time of
enactment, see section 9016 of Pub. L. 105-206, set out as an
Effective Date of 1998 Amendment note under section 101 of this
title.
-End-
-CITE-
23 USC Sec. 165 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 165. Puerto Rico highway program
-STATUTE-
(a) In General. - The Secretary shall allocate funds made
available to carry out this section for each of fiscal years 2005
through 2009 to the Commonwealth of Puerto Rico to carry out a
highway program in the Commonwealth.
(b) Applicability of Title. - Amounts made available by section
1101(a)(14) of the SAFETEA-LU shall be available for obligation in
the same manner as if such funds were apportioned under this
chapter.
(c) Treatment of Funds. - Amounts made available to carry out
this section for a fiscal year shall be administered as follows:
(1) Apportionment. - For the purpose of imposing any penalty
under this title or title 49, the amounts shall be treated as
being apportioned to Puerto Rico under sections 104(b) and 144,
for each program funded under those sections in an amount
determined by multiplying -
(A) the aggregate of the amounts for the fiscal year; by
(B) the ratio that -
(i) the amount of funds apportioned to Puerto Rico for each
such program for fiscal year 1997; bears to
(ii) the total amount of funds apportioned to Puerto Rico
for all such programs for fiscal year 1997.
(2) Penalty. - The amounts treated as being apportioned to
Puerto Rico under each section referred to in paragraph (1) shall
be deemed to be required to be apportioned to Puerto Rico under
that section for purposes of the imposition of any penalty under
this title or title 49.
(d) Effect on Allocations and Apportionments. - Subject to
subsection (c)(2), nothing in this section affects any allocation
under section 105 and any apportionment under sections 104 and 144.
-SOURCE-
(Added Pub. L. 109-59, title I, Sec. 1120(a), Aug. 10, 2005, 119
Stat. 1191.)
-REFTEXT-
REFERENCES IN TEXT
Section 1101(a)(14) of the SAFETEA-LU, referred to in subsec.
(b), is section 1101(a)(14) of Pub. L. 109-59, title I, Aug. 10,
2005, 119 Stat. 1155, which is not classified to the Code.
-End-
-CITE-
23 USC Sec. 166 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
Sec. 166. HOV facilities
-STATUTE-
(a) In General. -
(1) Authority of state agencies. - A State agency that has
jurisdiction over the operation of a HOV facility shall establish
the occupancy requirements of vehicles operating on the facility.
(2) Occupancy requirement. - Except as otherwise provided by
this section, no fewer than two occupants per vehicle may be
required for use of a HOV facility.
(b) Exceptions. -
(1) In general. - Notwithstanding the occupancy requirement of
subsection (a)(2), the exceptions in paragraphs (2) through (5)
shall apply with respect to a State agency operating a HOV
facility.
(2) Motorcycles and bicycles. -
(A) In general. - Subject to subparagraph (B), the State
agency shall allow motorcycles and bicycles to use the HOV
facility.
(B) Safety exception. -
(i) In general. - A State agency may restrict use of the
HOV facility by motorcycles or bicycles (or both) if the
agency certifies to the Secretary that such use would create
a safety hazard and the Secretary accepts the certification.
(ii) Acceptance of certification. - The Secretary may
accept a certification under this subparagraph only after the
Secretary publishes notice of the certification in the
Federal Register and provides an opportunity for public
comment.
(3) Public transportation vehicles. - The State agency may
allow public transportation vehicles to use the HOV facility if
the agency -
(A) establishes requirements for clearly identifying the
vehicles; and
(B) establishes procedures for enforcing the restrictions on
the use of the facility by the vehicles.
(4) High occupancy toll vehicles. - The State agency may allow
vehicles not otherwise exempt pursuant to this subsection to use
the HOV facility if the operators of the vehicles pay a toll
charged by the agency for use of the facility and the agency -
(A) establishes a program that addresses how motorists can
enroll and participate in the toll program;
(B) develops, manages, and maintains a system that will
automatically collect the toll; and
(C) establishes policies and procedures to -
(i) manage the demand to use the facility by varying the
toll amount that is charged; and
(ii) enforce violations of use of the facility.
(5) Low emission and energy-efficient vehicles. -
(A) Inherently low emission vehicle. - Before September 30,
2009, the State agency may allow vehicles that are certified as
inherently low-emission vehicles pursuant to section 88.311-93
of title 40, Code of Federal Regulations (or successor
regulations), and are labeled in accordance with section 88.312-
93 of such title (or successor regulations), to use the HOV
facility if the agency establishes procedures for enforcing the
restrictions on the use of the facility by the vehicles.
(B) Other low emission and energy-efficient vehicles. -
Before September 30, 2009, the State agency may allow vehicles
certified as low emission and energy-efficient vehicles under
subsection (e), and labeled in accordance with subsection (e),
to use the HOV facility if the operators of the vehicles pay a
toll charged by the agency for use of the facility and the
agency -
(i) establishes a program that addresses the selection of
vehicles under this paragraph; and
(ii) establishes procedures for enforcing the restrictions
on the use of the facility by the vehicles.
(C) Amount of tolls. - Under subparagraph (B), a State agency
may charge no toll or may charge a toll that is less than tolls
charged under paragraph (4).
(c) Requirements Applicable to Tolls. -
(1) In general. - Tolls may be charged under paragraphs (4) and
(5) of subsection (b) notwithstanding section 301 and, except as
provided in paragraphs (2) and (3), subject to the requirements
of section 129.
(2) HOV facilities on the interstate system. - Notwithstanding
section 129, tolls may be charged under paragraphs (4) and (5) of
subsection (b) on a HOV facility on the Interstate System.
(3) Excess toll revenues. - If a State agency makes a
certification under section 129(a)(3) with respect to toll
revenues collected under paragraphs (4) and (5) of subsection
(b), the State, in the use of toll revenues under that sentence,
shall give priority consideration to projects for developing
alternatives to single occupancy vehicle travel and projects for
improving highway safety.
(d) HOV Facility Management, Operation, Monitoring, and
Enforcement. -
(1) In general. - A State agency that allows vehicles to use a
HOV facility under paragraph (4) or (5) of subsection (b) in a
fiscal year shall certify to the Secretary that the agency will
carry out the following responsibilities with respect to the
facility in the fiscal year:
(A) Establishing, managing, and supporting a performance
monitoring, evaluation, and reporting program for the facility
that provides for continuous monitoring, assessment, and
reporting on the impacts that the vehicles may have on the
operation of the facility and adjacent highways.
(B) Establishing, managing, and supporting an enforcement
program that ensures that the facility is being operated in
accordance with the requirements of this section.
(C) Limiting or discontinuing the use of the facility by the
vehicles if the presence of the vehicles has degraded the
operation of the facility.
(2) Degraded facility. -
(A) Definition of minimum average operating speed. - In this
paragraph, the term "minimum average operating speed" means -
(i) 45 miles per hour, in the case of a HOV facility with a
speed limit of 50 miles per hour or greater; and
(ii) not more than 10 miles per hour below the speed limit,
in the case of a HOV facility with a speed limit of less than
50 miles per hour.
(B) Standard for determining degraded facility. - For
purposes of paragraph (1), the operation of a HOV facility
shall be considered to be degraded if vehicles operating on the
facility are failing to maintain a minimum average operating
speed 90 percent of the time over a consecutive 180-day period
during morning or evening weekday peak hour periods (or both).
(C) Management of low emission and energy-efficient vehicles.
- In managing the use of HOV lanes by low emission and energy-
efficient vehicles that do not meet applicable occupancy
requirements, a State agency may increase the percentages
described in subsection (f)(3)(B)(i).
(e) Certification of Low Emission and Energy-Efficient Vehicles. -
Not later than 180 days after the date of enactment of this
section, the Administrator of the Environmental Protection Agency
shall -
(1) issue a final rule establishing requirements for
certification of vehicles as low emission and energy-efficient
vehicles for purposes of this section and requirements for the
labeling of the vehicles; and
(2) establish guidelines and procedures for making the vehicle
comparisons and performance calculations described in subsection
(f)(3)(B), in accordance with section 32908(b) of title 49.
(f) Definitions. - In this section, the following definitions
apply:
(1) Alternative fuel vehicle. - The term "alternative fuel
vehicle" means a vehicle that is operating on -
(A) methanol, denatured ethanol, or other alcohols;
(B) a mixture containing at least 85 percent of methanol,
denatured ethanol, and other alcohols by volume with gasoline
or other fuels;
(C) natural gas;
(D) liquefied petroleum gas;
(E) hydrogen;
(F) coal derived liquid fuels;
(G) fuels (except alcohol) derived from biological materials;
(H) electricity (including electricity from solar energy); or
(I) any other fuel that the Secretary prescribes by
regulation that is not substantially petroleum and that would
yield substantial energy security and environmental benefits,
including fuels regulated under section 490 of title 10, Code
of Federal Regulations (or successor regulations).
(2) HOV facility. - The term "HOV facility" means a high
occupancy vehicle facility.
(3) Low emission and energy-efficient vehicle. - The term "low
emission and energy-efficient vehicle" means a vehicle that -
(A) has been certified by the Administrator as meeting the
Tier II emission level established in regulations prescribed by
the Administrator under section 202(i) of the Clean Air Act (42
U.S.C. 7521(i)) for that make and model year vehicle; and
(B)(i) is certified by the Administrator of the Environmental
Protection Agency, in consultation with the manufacturer, to
have achieved not less than a 50-percent increase in city fuel
economy or not less than a 25-percent increase in combined city-
highway fuel economy (or such greater percentage of city or
city-highway fuel economy as may be determined by a State under
subsection (d)(2)(C)) relative to a comparable vehicle that is
an internal combustion gasoline fueled vehicle (other than a
vehicle that has propulsion energy from onboard hybrid
sources); or
(ii) is an alternative fuel vehicle.
(4) Public transportation vehicle. - The term "public
transportation vehicle" means a vehicle that -
(A) provides designated public transportation (as defined in
section 221 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12141) or provides public school transportation (to and
from public or private primary, secondary, or tertiary
schools); and
(B)(i) is owned or operated by a public entity;
(ii) is operated under a contract with a public entity; or
(iii) is operated pursuant to a license by the Secretary or a
State agency to provide motorbus or school vehicle
transportation services to the public.
(5) State agency. -
(A) In general. - The term "State agency", as used with
respect to a HOV facility, means an agency of a State or local
government having jurisdiction over the operation of the
facility.
(B) Inclusion. - The term "State agency" includes a State
transportation department.
-SOURCE-
(Added Pub. L. 109-59, title I, Sec. 1121(a), Aug. 10, 2005, 119
Stat. 1192; amended Pub. L. 110-244, title I, Sec. 101(p), June 6,
2008, 122 Stat. 1576.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of this section, referred to in subsec.
(e), is the date of enactment of Pub. L. 109-59, which was approved
Aug. 10, 2005.
-MISC1-
AMENDMENTS
2008 - Subsec. (b)(5)(C). Pub. L. 110-244 substituted "paragraph
(4)" for "paragraph (3)".
-End-
-CITE-
23 USC Secs. 181 to 190 01/03/2012 (112-90)
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
-HEAD-
[Secs. 181 to 190. Renumbered Secs. 601 to 610]
-COD-
CODIFICATION
Subchapter II heading "INFRASTRUCTURE FINANCE" was struck out and
sections 181 to 190, which comprised subchapter II of this chapter,
were renumbered sections 601 to 610, respectively, and transferred
to follow the analysis of chapter 6 of this title, by Pub. L. 109-
59, title I, Sec. 1602(b)(6)(B), (d), Aug. 10, 2005, 119 Stat.
1247, as amended by Pub. L. 110-244, title I, Sec. 101(f), June 6,
2008, 122 Stat. 1574.
-End-