US (United States) Code. Title 23. Chapter 1: Federal-Aid Highways

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Highways

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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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 106, 115, 142 of

this title.

-End-

-CITE-

23 USC Sec. 110 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 110. Revenue aligned budget authority

-STATUTE-

(a) In General. -

(1) Allocation. - On October 15 of fiscal year 2000 and each

fiscal year thereafter, the Secretary shall allocate for such

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 2000 or any fiscal year thereafter is less

than zero, the Secretary on October 1 of the succeeding fiscal

year shall reduce proportionately the amount of sums authorized

to be appropriated from the Highway Trust Fund (other than the

Mass Transit Account) 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.

(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 for (!2) Federal-aid highway and highway safety

construction programs (other than the minimum guarantee

program) and the motor carrier safety grant program for which

funds are allocated from such Trust Fund by the Secretary under

this title, the Transportation Equity Act for the 21st Century,

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, 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.)

-REFTEXT-

REFERENCES IN TEXT

The Transportation Equity Act for the 21st Century, referred to

in subsec. (b)(1)(A), is Pub. L. 105-178, June 9, 1998, 112 Stat.

107, as amended. 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.

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

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.

-FOOTNOTE-

(!1) So in original. Probably should be "(2 U.S.C.

901(b)(1)(B)(ii)(I)(cc))".

(!2) So in original. The word "for" probably should not appear.

-End-

-CITE-

23 USC Sec. 111 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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.)

-MISC1-

AMENDMENTS

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".

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, commonly 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 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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 or equivalent State

qualifications-based requirements.

(B) Applicability. -

(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.

(C) 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.

(D) 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.

(E) 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.

(F) Prenotification; confidentiality of data. - A recipient

of funds requesting or using the cost and rate data described

in subparagraph (E) 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.

(G) 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.

(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 for which -

(i) the Secretary has approved the use of design-build

contracting described in subparagraph (A) under criteria

specified in regulations issued by the Secretary; and

(ii) the total costs are estimated to exceed -

(I) in the case of a project that involves installation

of an intelligent transportation system, $5,000,000; and

(II) in the case of any other project, $50,000,000.

(D) 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) 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 (!1) of this title, except where employees

of a political subdivision of a State are working on a project

outside of such political subdivision.

(g) 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.

-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.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this paragraph, referred to in

subsec. (b)(2)(B), is the date of enactment of Pub. L. 100-17,

which was approved Apr. 2, 1987.

The date of the enactment of this subparagraph, referred to in

subsec. (b)(2)(G), is the date of enactment of Pub. L. 104-59,

which was approved Nov. 28, 1995.

Section 117 of this title, referred to in subsec. (f), relating

to certification acceptance, was repealed and a new section 117,

relating to high priority projects program, was enacted by Pub. L.

105-178, title I, Sec. 1601(a), June 9, 1998, 112 Stat. 255.

-MISC1-

AMENDMENTS

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 210 of this title; title

49 section 5325.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 113 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

23 USC Sec. 114 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 114. Construction

-STATUTE-

(a) Construction Work In General. - The construction of any

highways or portions of highways located on a Federal-aid system

shall be undertaken by the respective State transportation

departments or under their direct supervision. Except as provided

in section 117 (!1) of this title, such construction shall be

subject to the inspection and approval of the Secretary. 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.

-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.)

-REFTEXT-

REFERENCES IN TEXT

Section 117 of this title, referred to in subsec. (a), relating

to certification acceptance, was repealed and a new section 117,

relating to high priority projects program, was enacted by Pub. L.

105-178, title I, Sec. 1601(a), June 9, 1998, 112 Stat. 255.

-MISC1-

AMENDMENTS

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.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 115 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 115. Advance construction

-STATUTE-

(a) Congestion Mitigation and Air Quality Improvement, Surface

Transportation, Bridge, Planning, and Research Projects. -

(1) General rule. - Subject to paragraph (2), when a State -

(A)(i) has obligated all funds apportioned or allocated to it

under section 104(b)(2), 104(b)(3), 104(f), 144, or 505 of this

title, or

(ii) has used or demonstrates that it will use all obligation

authority allocated to it for Federal-aid highways and highway

safety construction, and

(B) proceeds with a project funded under such an

apportionment or allocation 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 the State to implementation of projects with

the aid of Federal funds previously apportioned or allocated to

it or limit a State to implementation of a project with

obligation authority previously allocated to it for Federal-aid

highways and highway safety construction,

the Secretary, upon approval of an application of the State, is

authorized to pay to the State the Federal share of the cost of

the project when additional funds are apportioned or allocated to

the State under such section or when additional obligation

authority is allocated to it.

(2) Plans, specifications, and applicable standards. - The

Secretary may only make payments to a State with respect to a

project if -

(A) prior to commencement of the project the Secretary

approves the project in the same manner as the Secretary

approves other projects, and

(B) the project conforms to the applicable standards under

this title.

(b) Interstate and National Highway System Projects. - When a

State proceeds to construct any project on the National Highway

System or the Interstate System 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 the State to the construction of projects with the aid of

Federal funds previously apportioned to it, the Secretary, upon

approval of application of the State, is authorized to pay to the

State the Federal share of the cost of construction of the project

when additional funds are apportioned to the State under section

104(b)(1) or 104(b)(4), as the case may be, if -

(1) prior to the construction of the project the Secretary

approves the plans and specifications therefor in the same manner

as other projects, and

(2) the project conforms to the applicable standards under

section 109 of this title.

(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.)

-MISC1-

AMENDMENTS

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 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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

highway (!1) 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.)

-MISC1-

AMENDMENTS

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.

-FOOTNOTE-

(!1) So in original. Probably should be "transportation". See 1998

Amendment note.

-End-

-CITE-

23 USC Sec. 117 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 117. High priority projects program

-STATUTE-

(a) Authorization of High Priority Projects. - 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.

(b) Allocation Percentages. - 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.

(c) 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.

(d) 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.

(e) 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 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 section 1602 of the

Transportation Equity Act for the 21st Century.

(f) Period of Availability. - Funds made available to carry out

this section shall remain available until expended.

(g) 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.

(h) 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.)

-REFTEXT-

REFERENCES IN TEXT

Section 1602 of the Transportation Equity Act for the 21st

Century, referred to in subsecs. (a), (c), and (e), is section 1602

of Pub. L. 105-178, title I, June 9, 1998, 112 Stat. 256, which is

not classified to the Code.

Section 1102(g) of the Transportation Equity Act for the 21st

Century, referred to in subsec. (g), is section 1102(g) of Pub. L.

105-178, which is set out as a note under section 104 of this

title.

-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

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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 112, 114, 145 of this

title.

-End-

-CITE-

23 USC Sec. 118 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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 $50,000,000 in

fiscal year 1998 and $100,000,000 in each of fiscal years 1999

through 2003 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) Effect of Release of Funds. - 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.

(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.)

-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

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 114, 127, 159, 163,

322 of this title; title 40 section 14501; title 49 section 31314.

-FOOTNOTE-

(!1) See 1998 Amendment note below.

-End-

-CITE-

23 USC Sec. 119 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 118, 129 of this title.

-End-

-CITE-

23 USC Sec. 120 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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 for Certain Safety Projects. - The

Federal share payable on account of any project for traffic control

signalization, 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.

(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 system (!1)

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 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) 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. Such public, quasi-public, or private agencies shall

have built, improved, or maintained such facilities without

Federal funds.

(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 Federal-aid highway project

the Federal share of which is funded under section 104.

(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 section 104 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.)

-MISC1-

AMENDMENTS

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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 107, 122, 125, 130,

133, 142, 147, 148, 206, 217 of this title; title 42 section 3338.

-FOOTNOTE-

(!1) So in original. Probably should be "such highway".

-End-

-CITE-

23 USC Sec. 121 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 122 of this title.

-End-

-CITE-

23 USC Sec. 122 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 101 of this title.

-End-

-CITE-

23 USC Sec. 123 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 120 of this title.

-End-

-CITE-

23 USC Sec. 126 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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 (!1) 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) 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) 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.)

-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

1999 - Pub. L. 106-159 renumbered section 110 of this title as

this section.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "under".

-End-

-CITE-

23 USC Sec. 127 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 127. Vehicle weight limitations - Interstate System

-STATUTE-

(a) In General. - 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. 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 G7AXXXXX+12N+36G7B

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. 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)(1) (!1) of this

title. 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. 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. With respect to the State of Colorado,

vehicles designed to carry 2 or more precast concrete panels shall

be considered a nondivisible load. 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. 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. 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.

(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.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of Federal-Aid Highway Amendments of 1974,

referred to in subsec. (a), means Jan. 4, 1975, the date on which

Pub. L. 93-643 was approved.

Section 118(b) of this title, referred to in subsec. (a), was

struck out and a new subsec. (b) was added by Pub. L. 102-240,

title I, Sec. 1020(a), Dec. 18, 1991, 105 Stat. 1948. Provisions

formerly contained in subsec. (b)(1) of section 118 appear in

subsec. (b)(2).

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.

-MISC1-

AMENDMENTS

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 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."

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, 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, 2003, to any vehicle

which is regularly and exclusively used as an intrastate public

agency transit passenger bus.

"(2) Study. - The Secretary shall conduct a study on the maximum

axle weight limitations on the Dwight D. Eisenhower System of

Interstate and Defense Highways established under section 127 of

title 23, United States Code, or under State laws, as they apply to

public transit vehicles. The study shall determine whether or not

public transit vehicles should be exempted from the requirements of

section 127 or State laws or if such laws should be modified with

regard to public transit vehicles. In making such determination,

the Secretary shall consider current transit vehicle design

standards, the implications of the Americans with Disabilities Act

[of 1990, 42 U.S.C. 12101 et seq.] and Clean Air Act [42 U.S.C.

7401 et seq.] requirements on such design standards, and the

potential impact of revised design standards on transit ridership

capacity, operating and replacement costs, air quality concerns,

and highway wear and tear.

"(3) Report. - Not later than 18 months after the date of

enactment of this Act, the Secretary shall submit to the Congress a

report on the result of the study conducted under paragraph (2),

together with recommendations."

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 141 of this title; title

49 sections 5112, 31112.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 128 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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 the Commonwealth of Puerto Rico) 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 the Commonwealth of Puerto Rico,

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.)

-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

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.

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, provided that:

"(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) of title 23, United States Code.

"(b) Federal Share. - The Federal share payable for construction

of ferry boats and ferry terminal facilities under this section

shall be 80 percent of the cost thereof.

"(c) Funding. - There shall be available, out of the Highway

Trust Fund (other than the Mass Transit Account), to the Secretary

for obligation at the discretion of the Secretary $14,000,000 for

fiscal year 1992, $17,000,000 per fiscal year for each of fiscal

years 1993, 1994, 1995, and 1996, and $18,000,000 for fiscal year

1997 in carrying out this section. Sums made available to carry out

this section shall remain available until expended.

"(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 1999 through 2003

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) Applicability of Title 23. - All provisions of chapter 1 of

title 23, United States Code, 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.

"(f) Treatment of Certain Roads. - For purposes of this section,

North Carolina State Routes 12, 45, 306, 615, and 168 and United

States Route 421 in the State of North Carolina shall be treated as

principal arterials. For further purposes of this section, the

access road from Interstate Business Route 75 to the Sugar Island

Ferry Service in Chippewa County, Michigan, and the access road

from United States Route 31 to the Beaver Island Ferry Service in

Charlevoix County, Michigan, shall be treated as principal

arterials."

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 119, 148, 301 of this

title; title 33 section 535f.

-FOOTNOTE-

(!1) So in original. The word "and" probably should not appear.

-End-

-CITE-

23 USC Sec. 130 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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. - 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.

(f) Apportionment. - 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) (!1) 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.

(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 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 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.

-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.)

-REFTEXT-

REFERENCES IN TEXT

Section 104(b) of this title, referred to in subsec. (f), was

amended generally by Pub. L. 105-178, title I, Sec. 1103(b), June

9, 1998, 112 Stat. 119, and, as so amended, no longer contains a

par. (6).

-MISC1-

AMENDMENTS

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 133, 409 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "railroad-highway".

-End-

-CITE-

23 USC Sec. 131 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-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, 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. 89-885, 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)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 148 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-