23 U.S.C. § 130 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 130: Railway-highway crossings
Railway-highway crossings
Status: in_force

(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, the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains, 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 Railway-Highway Grade Crossings.—

(1) In general.—

(A) Set aside.—Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, for the elimination of hazards, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.

(B) Reducing trespassing fatalities and injuries.—A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings.

(C) Obligation availability.—Sums set aside each fiscal year under subparagraph (A) shall be available for obligation in the same manner as funds apportioned under section 104(b)(1).

(2) Special rule.—If a State demonstrates to the satisfaction of the Secretary that the State has met all its needs for installation of protective devices at railway-highway crossings, the State may use funds made available by this section for other highway safety improvement program purposes.

(f) Apportionment.—

(1) Formula.—Fifty percent of the funds set aside to carry out this section pursuant to subsection (e)(1) shall be apportioned to the States in accordance with the formula set forth in section 104(b)(3)(A) as in effect on the day before the date of enactment of the MAP–21, and 50 percent of such funds shall be apportioned to the States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States.

(2) Minimum apportionment.—Notwithstanding paragraph (1), each State shall receive a minimum of one-half of 1 percent of the funds apportioned under paragraph (1).

(3) Federal share.—The Federal share payable on account of any project financed with funds set aside to carry out this section shall be 100 percent of the cost thereof.

(g) Annual Report.—

(1) In general.—Not later than August 31 of each year, each State shall submit a report to the Administrator of the Federal Highway Administration that describes—

(A) the progress being made to implement the railway-highway crossings program authorized under this section; and

(B) the effectiveness of the improvements made as a result of such implementation.

(2) Contents.—Each report submitted pursuant to paragraph (1) shall contain an assessment of—

(A) the costs of the various treatments employed by the State to implement the railway-highway crossings program; and

(B) the effectiveness of such treatments, as measured by the accident experience at the locations that received such treatments.

(3) Coordination.—Not later than 30 days after the Federal Highway Administration's acceptance of each report submitted pursuant to paragraph (1), the Administrator of the Federal Highway Administration shall make such report available to the Administrator of the Federal Railroad Administration.

(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) $100,000.

(4) Use of state payments.—A local government receiving an incentive payment from a State under paragraph (1) shall use the amount of the incentive payment for transportation safety improvements.

(j) Bicycle Safety.—In carrying out projects under this section, a State shall take into account bicycle safety.

(k) Expenditure of Funds.—Not more than 8 percent of funds apportioned to a State to carry out this section may be used by the State for compilation and analysis of data in support of activities carried out under subsection (g).

(l) National Crossing Inventory.—

(1) Initial reporting of crossing information.—Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or within 6 months of a new crossing becoming operational, whichever occurs later, each State shall report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported public crossing located within its borders.

(2) Periodic updating of crossing information.—On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each State shall report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each public crossing located within its borders.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 903; Pub. L. 100–17, title I, §121(a), Apr. 2, 1987, 101 Stat. 159; Pub. L. 104–59, title III, §325(a), Nov. 28, 1995, 109 Stat. 591; Pub. L. 104–205, title III, §353(b), Sept. 30, 1996, 110 Stat. 2980; Pub. L. 105–178, title I, §§1111(d), 1202(d), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 146, 170, 193; Pub. L. 109–59, title I, §1401(c), formerly §1401(d), Aug. 10, 2005, 119 Stat. 1226, renumbered §1401(c), Pub. L. 110–244, title I, §101(s)(1), June 6, 2008, 122 Stat. 1577; Pub. L. 110–244, title I, §101(l), June 6, 2008, 122 Stat. 1575; Pub. L. 110–432, div. A, title II, §204(c), Oct. 16, 2008, 122 Stat. 4871; Pub. L. 112–141, div. A, title I, §1519(c)(5), formerly §1519(c)(6), July 6, 2012, 126 Stat. 575, renumbered §1519(c)(5), Pub. L. 114–94, div. A, title I, §1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438; Pub. L. 114–94, div. A, title I, §§1108, 1412, Dec. 4, 2015, 129 Stat. 1338, 1416; Pub. L. 117–58, div. A, title I, §§11108(a)–(d), 11525(f), div. B, title II, §22403(c), Nov. 15, 2021, 135 Stat. 461, 607, 736.)

Editorial Notes

References in Text

Section 104(b)(3)(A) as in effect on the day before the date of enactment of the MAP–21, referred to in subsec. (f)(1), means section 104(b)(3)(A) of this title as in effect on the day before the date of enactment of Pub. L. 112–141, which amended section 104 generally. The date of enactment of the MAP–21 is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.

The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (l), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.

Amendments

2021—Subsec. (e). Pub. L. 117–58, §11108(a)(1), substituted "Railway-Highway Grade Crossings" for "Protective Devices" in heading.

Subsec. (e)(1)(A). Pub. L. 117–58, §11108(a)(2)(A), substituted ", the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026." for "and the installation of protective devices at railway-highway crossings at least—" and cls. (i) to (v) which set out amounts to be set aside for fiscal years 2016 to 2020.

Subsec. (e)(1)(B). Pub. L. 117–58, §11108(a)(2)(B), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: "At least ½ of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective devices at railway-highway crossings."

Subsec. (f)(3). Pub. L. 117–58, §11108(b), substituted "100 percent" for "90 percent".

Subsec. (g). Pub. L. 117–58, §22403(c), amended subsec. (g) generally. Prior to amendment, subsec. (g) required annual reports on the progress being made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements.

Pub. L. 117–58, §11525(f), substituted "and Transportation of the Senate" for "and Transportation, of the Senate", "thereafter, on" for "thereafter,, on", and "implementation of the railway-highway" for "implementation of the railroad highway".

Subsec. (i)(3)(B). Pub. L. 117–58, §11108(c), substituted "$100,000" for "$7,500".

Subsec. (k). Pub. L. 117–58, §11108(d), substituted "8 percent" for "2 percent".

2015—Pub. L. 114–94, §1446(d)(5)(B), amended Pub. L. 112–141, §1519(c). See 2012 Amendment notes below.

Subsec. (a). Pub. L. 114–94, §1412, substituted "the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains" for "and the relocation of highways to eliminate grade crossings".

Subsec. (e)(1). Pub. L. 114–94, §1108, amended par. (1) generally. Prior to amendment, text read as follows: "Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings. At least ½ 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."

2012—Subsec. (e)(1). Pub. L. 112–141, §1519(c)(5)(A), formerly §1519(c)(6)(A), as renumbered by Pub. L. 114–94, §1446(d)(5)(B), substituted "section 104(b)(3)" for "section 104(b)(5)".

Subsec. (f)(1). Pub. L. 112–141, §1519(c)(5)(B), formerly §1519(c)(6)(B), as renumbered by Pub. L. 114–94, §1446(d)(5)(B), inserted "as in effect on the day before the date of enactment of the MAP–21" after "section 104(b)(3)(A)".

Subsec. (l)(3), (4). Pub. L. 112–141, §1519(c)(5)(C), formerly §1519(c)(6)(C), as renumbered by Pub. L. 114–94, §1446(d)(5)(B), struck out pars. (3) and (4) which related to rulemaking authority and definitions.

2008—Subsec. (e)(2). Pub. L. 110–244, §101(l), substituted "highway safety improvement program purposes" for "purposes under this subsection".

Subsec. (l). Pub. L. 110–432 added subsec. (l).

2005—Subsec. (e). Pub. L. 109–59, §1401(c)(1), formerly §1401(d)(1), as renumbered by Pub. L. 110–244, §101(s)(1), designated existing provisions as par. (1), inserted after par. designation "In general.—Before making an apportionment under section 104(b)(5) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings.", and added par. (2).

Subsec. (f). Pub. L. 109–59, §1401(c)(2), formerly §1401(d)(2), as renumbered by Pub. L. 110–244, §101(s)(1), reenacted heading without change and amended text of subsec. (f) generally. Prior to amendment, text read as follows: "Twenty-five percent of the funds authorized to be appropriated to carry out this section shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(2) of this title, 25 percent of such funds shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(6) of this title, and 50 percent of such funds shall be apportioned to the States in the ratio that total railway-highway crossings in each State bears to the total of such crossings in all States. The Federal share payable on account of any project financed with funds authorized to be appropriated to carry out this section shall be 90 percent of the cost thereof."

Subsec. (g). Pub. L. 109–59, §1401(c)(3), formerly §1401(d)(3), as renumbered by Pub. L. 110–244, §101(s)(1), in third sentence inserted "and the Committee on Commerce, Science, and Transportation," after "Public Works" and substituted ", not later than April 1, 2006, and every 2 years thereafter," for "not later than April 1 of each year".

Subsec. (k). Pub. L. 109–59, §1401(c)(4), formerly §1401(d)(4), as renumbered by Pub. L. 110–244, §101(s)(1), added subsec. (k).

1998—Subsec. (a). Pub. L. 105–178, §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, §1212(a)(2)(A)(i), substituted "State transportation department" for "State highway department".

Subsec. (j). Pub. L. 105–178, §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).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by sections 11108(a)–(d) and 11525(f) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment

Except as otherwise provided, amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Pub. L. 114–94, div. A, title I, §1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Federal Share of Costs for Construction To Eliminate Hazards

Pub. L. 106–246, div. B, title II, §2604, July 13, 2000, 114 Stat. 559, provided that: "Notwithstanding any other provision of law, hereafter, funds apportioned under [former] 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

Pub. L. 104–59, title III, §351(b), (c), Nov. 28, 1995, 109 Stat. 622, 623, 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, §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, §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, §101(l) [title III, §339], Dec. 22, 1987, 101 Stat. 1329–358, 1329–386.

Railroad-Highway Crossings Study and Report

Pub. L. 100–17, title I, §159, Apr. 2, 1987, 101 Stat. 211, 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, §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, §163, Aug. 13, 1973, 87 Stat. 280, as amended by Pub. L. 93–643, §104, Jan. 4, 1975, 88 Stat. 2282; Pub. L. 94–280, title I, §140(a)–(e), May 5, 1976, 90 Stat. 444; Pub. L. 95–599, title I, §134(a)–(c), Nov. 6, 1978, 92 Stat. 2709; Pub. L. 96–470, title II, §209(b), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97–424, title I, §151, Jan. 6, 1983, 96 Stat. 2132; Pub. L. 100–17, title I, §§133(c)(3), 148, Apr. 2, 1987, 101 Stat. 172, 181; Pub. L. 100–202, §101(l) [title III, §346], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; Pub. L. 102–240, title I, §1037, Dec. 18, 1991, 105 Stat. 1987; Pub. L. 104–66, title I, §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, title I, Nov. 6, 1978, 92 Stat. 2709].

"[(o) Repealed. Pub. L. 104–66, title I, §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, §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, §203, Aug. 13, 1973, 87 Stat. 283, as amended by Pub. L. 94–280, title II, §203, May 5, 1976, 90 Stat. 452; Pub. L. 95–599, title II, §203, Nov. 6, 1978, 92 Stat. 2728; Pub. L. 96–470, title II, §209(d), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97–327, §5(b), Oct. 15, 1982, 96 Stat. 1612; Pub. L. 97–424, title II, §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, §121(b), Apr. 2, 1987, 101 Stat. 160.

Highway authorizations provisions of section 104(a)(1) and (2) of Pub. L. 93–87, title I, Aug. 13, 1973, 87 Stat. 251, 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."
23 U.S.C. § 172 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 172: Wildlife-vehicle collision reduction and habitat connectivity improvement
Wildlife-vehicle collision reduction and habitat connectivity improvement
Status: in_force

(a) Study.—

(1) In general.—The Secretary shall conduct a study (referred to in this subsection as the "study") of the state, as of the date of the study, of the practice of methods to reduce collisions between motorists and wildlife (referred to in this section as "wildlife-vehicle collisions").

(2) Contents.—

(A) Areas of study.—The study shall—

(i) update and expand on, as appropriate—

(I) the report entitled "Wildlife Vehicle Collision Reduction Study: 2008 Report to Congress"; and

(II) the document entitled "Wildlife Vehicle Collision Reduction Study: Best Practices Manual" and dated October 2008; and

(ii) include—

(I) an assessment, as of the date of the study, of—

(aa) the causes of wildlife-vehicle collisions;

(bb) the impact of wildlife-vehicle collisions on motorists and wildlife; and

(cc) the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species; and

(II) solutions and best practices for—

(aa) reducing wildlife-vehicle collisions; and

(bb) improving habitat connectivity for terrestrial and aquatic species.

(B) Methods.—In carrying out the study, the Secretary shall—

(i) conduct a thorough review of research and data relating to—

(I) wildlife-vehicle collisions; and

(II) habitat fragmentation that results from transportation infrastructure;

(ii) survey current practices of the Department of Transportation and State departments of transportation to reduce wildlife-vehicle collisions; and

(iii) consult with—

(I) appropriate experts in the field of wildlife-vehicle collisions; and

(II) appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species.

(3) Report.—

(A) In general.—Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report on the results of the study.

(B) Contents.—The report under subparagraph (A) shall include—

(i) a description of—

(I) the causes of wildlife-vehicle collisions;

(II) the impacts of wildlife-vehicle collisions; and

(III) the impacts of roads and traffic on—

(aa) species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(bb) species identified by States as species of greatest conservation need;

(cc) species identified in State wildlife plans; and

(dd) medium and small terrestrial and aquatic species;

(ii) an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species, including the effect on jobs, property values, and economic growth to society, adjacent communities, and landowners;

(iii) recommendations for preventing wildlife-vehicle collisions, including recommended best practices, funding resources, or other recommendations for addressing wildlife-vehicle collisions; and

(iv) guidance, developed in consultation with Federal land management agencies and State departments of transportation, State fish and wildlife agencies, and Tribal governments that agree to participate, for developing, for each State that agrees to participate, a voluntary joint statewide transportation and wildlife action plan—

(I) to address wildlife-vehicle collisions; and

(II) to improve habitat connectivity for terrestrial and aquatic species.

(b) Workforce Development and Technical Training.—

(1) In general.—Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall, based on the study conducted under subsection (a), develop a series of in-person and online workforce development and technical training courses—

(A) to reduce wildlife-vehicle collisions; and

(B) to improve habitat connectivity for terrestrial and aquatic species.

(2) Availability.—The Secretary shall—

(A) make the series of courses developed under paragraph (1) available for transportation and fish and wildlife professionals; and

(B) update the series of courses not less frequently than once every 2 years.

(c) Standardization of Wildlife Collision and Carcass Data.—

(1) Standardized methodology.—

(A) In general.—The Secretary, acting through the Administrator of the Federal Highway Administration (referred to in this subsection as the "Secretary"), shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the National Highway System, considering the practicability of the methodology with respect to technology and cost.

(B) Methodology.—In developing the standardized methodology under subparagraph (A), the Secretary shall—

(i) survey existing methodologies and sources of data collection, including the Fatality Analysis Reporting System, the General Estimates System of the National Automotive Sampling System, and the Highway Safety Information System; and

(ii) to the extent practicable, identify and correct limitations of those existing methodologies and sources of data collection.

(C) Consultation.—In developing the standardized methodology under subparagraph (A), the Secretary shall consult with—

(i) the Secretary of the Interior;

(ii) the Secretary of Agriculture, acting through the Chief of the Forest Service;

(iii) Tribal, State, and local transportation and wildlife authorities;

(iv) metropolitan planning organizations (as defined in section 134(b));

(v) members of the American Association of State Highway Transportation Officials;

(vi) members of the Association of Fish and Wildlife Agencies;

(vii) experts in the field of wildlife-vehicle collisions;

(viii) nongovernmental organizations; and

(ix) other interested stakeholders, as appropriate.

(2) Standardized national data system with voluntary template implementation.—The Secretary shall—

(A) develop a template for State implementation of a standardized national wildlife collision and carcass data system for the National Highway System that is based on the standardized methodology developed under paragraph (1); and

(B) encourage the voluntary implementation of the template developed under subparagraph (A).

(3) Reports.—

(A) Methodology.—The Secretary shall submit to Congress a report describing the standardized methodology developed under paragraph (1) not later than the later of—

(i) the date that is 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021; and

(ii) the date that is 180 days after the date on which the Secretary completes the development of the standardized methodology.

(B) Implementation.—Not later than 4 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report describing—

(i) the status of the voluntary implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A);

(ii) whether the implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A) has impacted efforts by States, units of local government, and other entities—

(I) to reduce the number of wildlife-vehicle collisions; and

(II) to improve habitat connectivity;

(iii) the degree of the impact described in clause (ii); and

(iv) the recommendations of the Secretary, including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the National Highway System, if any.

(d) National Threshold Guidance.—The Secretary shall—

(1) establish guidance, to be carried out by States on a voluntary basis, that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species, taking into consideration—

(A) the number of wildlife-vehicle collisions on the highway that pose a human safety risk;

(B) highway-related mortality and the effects of traffic on the highway on—

(i) species listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(ii) species identified by a State as species of greatest conservation need;

(iii) species identified in State wildlife plans; and

(iv) medium and small terrestrial and aquatic species; and

(C) habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species.

(Added Pub. L. 117–58, div. A, title I, §11123(c)(1), Nov. 15, 2021, 135 Stat. 502.)

Editorial Notes

References in Text

The date of enactment of the Surface Transportation Reauthorization Act of 2021, referred to in subsecs. (a)(3)(A), (b)(1), and (c)(3), is the date of enactment of div. A of Pub. L. 117–58, which was approved Nov. 15, 2021.

The Endangered Species Act of 1973, referred to in subsecs. (a)(3)(B)(i)(III)(aa) and (d)(1)(B)(i), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of this title.
23 U.S.C. § 412 (2024) — Title 23: HIGHWAYS / Chapter 4: HIGHWAY SAFETY / Section 412: Renumbered §408
Renumbered §408
Status: renumbered

[§412. Renumbered §408]
23 U.S.C. § 504 (2024) — Title 23: HIGHWAYS / Chapter 5: RESEARCH, TECHNOLOGY, AND EDUCATION / Section 504: Training and education
Training and education
Status: in_force

(a) National Highway Institute.—

(1) In general.—The Secretary shall operate in the Federal Highway Administration a National Highway Institute (in this subsection referred to as the "Institute"). The Secretary shall administer, through the Institute, the authority vested in the Secretary by this title or by any other law for the development and conduct of education and training programs relating to highways.

(2) Duties of the institute.—In cooperation with State transportation departments, United States industry, and any national or international entity, the Institute shall develop and administer education and training programs of instruction for—

(A) Federal Highway Administration, State, and local transportation agency employees and the employees of any other applicable Federal agency;

(B) regional, State, and metropolitan planning organizations;

(C) State and local police, public safety, and motor vehicle employees; and

(D) United States citizens and foreign nationals engaged or to be engaged in surface transportation work of interest to the United States.

(3) Courses.—

(A) In general.—The Institute shall—

(i) develop or update existing courses in asset management, including courses that include such components as—

(I) the determination of life-cycle costs;

(II) the valuation of assets;

(III) benefit-to-cost ratio calculations; and

(IV) objective decisionmaking processes for project selection; and

(ii) continually develop courses relating to the application of emerging technologies for—

(I) transportation infrastructure applications and asset management;

(II) intelligent transportation systems;

(III) operations (including security operations);

(IV) the collection and archiving of data;

(V) reducing the amount of time required for the planning and development of transportation projects; and

(VI) the intermodal movement of individuals and freight.

(B) Additional courses.—In addition to the courses developed under subparagraph (A), the Institute, in consultation with State transportation departments, metropolitan planning organizations, and the American Association of State Highway and Transportation Officials, may develop courses relating to technology, methods, techniques, engineering, construction, safety, maintenance, environmental mitigation and compliance, regulations, management, inspection, and finance.

(C) Revision of courses offered.—The Institute shall periodically—

(i) review the course inventory of the Institute; and

(ii) revise or cease to offer courses based on course content, applicability, and need.

(4) Set-aside; federal share.—Not to exceed ½ of 1 percent of the funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program shall be available for expenditure by the State transportation department for the payment of not to exceed 80 percent of the cost of tuition and direct educational expenses (excluding salaries) in connection with the education and training of employees of State and local transportation agencies in accordance with this subsection.

(5) Federal responsibility.—

(A) In general.—Except as provided in subparagraph (B), education and training of employees of Federal, State, and local transportation (including highway) agencies authorized under this subsection may be provided—

(i) by the Secretary at no cost to the States and local governments if the Secretary determines that provision at no cost is in the public interest; or

(ii) by the State through grants, cooperative agreements, and contracts with public and private agencies, institutions, individuals, and the Institute.

(B) Payment of full cost by private persons.—Private agencies, international or foreign entities, and individuals shall pay the full cost of any education and training received by them unless the Secretary determines that a lower cost is of critical importance to the public interest.

(6) Training fellowships; cooperation.—The Institute may—

(A) engage in training activities authorized under this subsection, including the granting of training fellowships; and

(B) carry out its authority independently or in cooperation with any other branch of the Federal Government or any State agency, authority, association, institution, for-profit or nonprofit corporation, other national or international entity, or other person.

(7) Collection of fees.—

(A) General rule.—In accordance with this subsection, the Institute may assess and collect fees solely to defray the costs of the Institute in developing or administering education and training programs under this subsection.

(B) Limitation.—Fees may be assessed and collected under this subsection only in a manner that may reasonably be expected to result in the collection of fees during any fiscal year in an aggregate amount that does not exceed the aggregate amount of the costs referred to in subparagraph (A) for the fiscal year.

(C) Persons subject to fees.—Fees may be assessed and collected under this subsection only with respect to—

(i) persons and entities for whom education or training programs are developed or administered under this subsection; and

(ii) persons and entities to whom education or training is provided under this subsection.

(D) Amount of fees.—The fees assessed and collected under this subsection shall be established in a manner that ensures that the liability of any person or entity for a fee is reasonably based on the proportion of the costs referred to in subparagraph (A) that relate to the person or entity.

(E) Use.—All fees collected under this subsection shall be used to defray costs associated with the development or administration of education and training programs authorized under this subsection.

(8) Relation to fees.—The funds made available to carry out this subsection may be combined with or held separate from the fees collected under paragraph (7).

(b) Local Technical Assistance Program.—

(1) Authority.—The Secretary shall carry out a local technical assistance program that will provide access to surface transportation technology to—

(A) highway and transportation agencies in urbanized and rural areas;

(B) contractors that perform work for the agencies; and

(C) infrastructure security staff.

(2) Grants, cooperative agreements, and contracts.—The Secretary may make grants and enter into cooperative agreements and contracts to provide education and training, technical assistance, and related support services to—

(A) assist rural, local transportation agencies and tribal governments, and the consultants and construction personnel working for the agencies and governments, to—

(i) develop and expand expertise in road and transportation areas (including pavement, bridge, concrete structures, intermodal connections, safety management systems, intelligent transportation systems, incident response, operations, and traffic safety countermeasures);

(ii) improve roads and bridges;

(iii) enhance—

(I) programs for the movement of passengers and freight; and

(II) intergovernmental transportation planning and project selection; and

(iv) deal effectively with special transportation-related problems by preparing and providing training packages, manuals, guidelines, and technical resource materials;

(B) develop technical assistance for tourism and recreational travel;

(C) identify, package, and deliver transportation technology and traffic safety information to local jurisdictions to assist urban transportation agencies in developing and expanding their ability to deal effectively with transportation-related problems (particularly the promotion of regional cooperation);

(D) operate, in cooperation with State transportation departments and universities—

(i) local technical assistance program centers designated to provide transportation technology transfer services to rural areas and to urbanized areas; and

(ii) local technical assistance program centers designated to provide transportation technical assistance to tribal governments; and

(E) allow local transportation agencies and tribal governments, in cooperation with the private sector, to enhance new technology implementation.

(3) Federal share.—

(A) Local technical assistance centers.—

(i) In general.—Subject to subparagraph (B), the Federal share of the cost of an activity carried out by a local technical assistance center under paragraphs (1) and (2) shall be 50 percent.

(ii) Non-federal share.—The non-Federal share of the cost of an activity described in clause (i) may consist of amounts provided to a recipient under subsection (e) or section 505, up to 100 percent of the non-Federal share.

(B) Tribal technical assistance centers.—The Federal share of the cost of an activity carried out by a tribal technical assistance center under paragraph (2)(D)(ii) shall be 100 percent.

(c) Research Fellowships.—

(1) General authority.—The Secretary, acting either independently or in cooperation with other Federal departments, agencies, and instrumentalities, may make grants for research fellowships for any purpose for which research is authorized by this chapter.

(2) Dwight david eisenhower transportation fellowship program.—

(A) In general.—The Secretary shall establish and implement a transportation research fellowship program for the purpose of attracting qualified students to the field of transportation, which program shall be known as the "Dwight David Eisenhower Transportation Fellowship Program".

(B) Use of amounts.—Amounts provided to institutions of higher education to carry out this paragraph shall be used to provide direct support of student expenses.

(d) Garrett A. Morgan Technology and Transportation Education Program.—

(1) In general.—The Secretary shall establish the Garrett A. Morgan Technology and Transportation Education Program to improve the preparation of students, particularly women and minorities, in science, technology, engineering, and mathematics through curriculum development and other activities related to transportation.

(2) Authorized activities.—The Secretary shall award grants under this subsection on the basis of competitive peer review. Grants awarded under this subsection may be used for enhancing science, technology, engineering, and mathematics at the elementary and secondary school level through such means as—

(A) internships that offer students experience in the transportation field;

(B) programs that allow students to spend time observing scientists and engineers in the transportation field; and

(C) developing relevant curriculum that uses examples and problems related to transportation.

(3) Application and review procedures.—

(A) In general.—An entity described in subparagraph (C) seeking funding under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used to serve the purposes described in paragraph (2).

(B) Priority.—In making awards under this subsection, the Secretary shall give priority to applicants that will encourage the participation of women and minorities.

(C) Eligibility.—Local educational agencies and State educational agencies, which may enter into a partnership agreement with institutions of higher education, businesses, or other entities, shall be eligible to apply for grants under this subsection.

(4) Definitions.—In this subsection, the following definitions apply:

(A) Institution of higher education.—The term "institution of higher education" has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(B) Local educational agency.—The term "local educational agency" has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965.

(C) State educational agency.—The term "State educational agency" has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965.

(e) Surface Transportation Workforce Development, Training, and Education.—

(1) Funding.—Subject to project approval by the Secretary, a State may obligate funds apportioned to the State under paragraphs (1) through (4) of section 104(b) for surface transportation workforce development, training, and education, including—

(A) tuition and direct educational expenses, excluding salaries, in connection with the education and training of employees of State and local transportation agencies;

(B) employee professional development;

(C) student internships;

(D) pre-apprenticeships, apprenticeships, and career opportunities for on-the-job training;

(E) university, college, community college, or vocational school support;

(F) education activities, including outreach, to develop interest and promote participation in surface transportation careers;

(G) activities associated with workforce training and employment services, such as targeted outreach and partnerships with industry, economic development organizations, workforce development boards, and labor organizations;

(H) activities carried out by the National Highway Institute under subsection (a); and

(I) local technical assistance programs under subsection (b).

(2) Federal share.—The Federal share of the cost of activities carried out in accordance with this subsection shall be 100 percent, except for activities carried out under paragraph (1)(I), for which the Federal share shall be 50 percent.

(3) Surface transportation workforce development, training, and education defined.—In this subsection, the term "surface transportation workforce development, training, and education" means activities associated with surface transportation career awareness, student transportation career preparation, and training and professional development for surface transportation workers, including—

(A) activities for women and minorities;

(B) activities that address current workforce gaps, such as work on construction projects, of State and local transportation agencies;

(C) activities to develop a robust surface transportation workforce with new skills resulting from emerging transportation technologies; and

(D) activities to attract new sources of job-creating investment.

(f) Transportation Education and Training Development and Deployment Program.—

(1) Establishment.—The Secretary shall establish a program to make grants to educational institutions or State departments of transportation, in partnership with industry and relevant Federal departments and agencies—

(A) to develop, test, and review new curricula and education programs to train individuals at all levels of the transportation workforce; or

(B) to implement the new curricula and education programs to provide for hands-on career opportunities to meet current and future needs.

(2) Selection of grant recipients.—In selecting applications for awards under this subsection, the Secretary may consider—

(A) the degree to which the new curricula or education program meets the specific current or future needs of a segment of the transportation industry, States, or regions;

(B) providing for practical experience and on-the-job training;

(C) proposals oriented toward practitioners in the field rather than the support and growth of the research community;

(D) the degree to which the new curricula or program will provide training in areas other than engineering, such as business administration, economics, information technology, environmental science, and law;

(E) programs or curricula that train professionals for work in the transportation field, such as construction, materials, information technology, environmental science, urban planning, and industrial or emerging technology; and

(F) the commitment of industry or a State's department of transportation to the program.

(3) Reporting.—The Secretary shall establish minimum reporting requirements for grant recipients under this subsection, which may include, with respect to a program carried out with a grant under this subsection—

(A) the percentage or number of program participants that are employed during the second quarter after exiting the program;

(B) the percentage or number of program participants that are employed during the fourth quarter after exiting the program;

(C) the median earnings of program participants that are employed during the second quarter after exiting the program;

(D) the percentage or number of program participants that obtain a recognized postsecondary credential or a secondary school diploma (or a recognized equivalent) during participation in the program or by not later than 1 year after exiting the program; and

(E) the percentage or number of program participants that, during a program year—

(i) are in an education or training program that leads to a recognized postsecondary credential or employment; and

(ii) are achieving measurable skill gains toward such a credential or employment.

(4) Limitations.—The amount of a grant under this subsection shall not exceed $300,000 per year. After a recipient has received 3 years of Federal funding under this subsection, Federal funding may equal not more than 75 percent of a grantee's program costs.

(g) Freight Capacity Building Program.—

(1) Establishment.—The Secretary shall establish a freight planning capacity building initiative to support enhancements in freight transportation planning in order to—

(A) better target investments in freight transportation systems to maintain efficiency and productivity; and

(B) strengthen the decisionmaking capacity of State transportation departments and local transportation agencies with respect to freight transportation planning and systems.

(2) Agreements.—The Secretary shall enter into agreements to support and carry out administrative and management activities relating to the governance of the freight planning capacity initiative.

(3) Stakeholder involvement.—In carrying out this section, the Secretary shall consult with the Association of Metropolitan Planning Organizations, the American Association of State Highway and Transportation Officials, and other freight planning stakeholders, including the other Federal agencies, State transportation departments, local governments, nonprofit entities, academia, and the private sector.

(4) Eligible activities.—The freight planning capacity building initiative shall include research, training, and education in the following areas:

(A) The identification and dissemination of best practices in freight transportation.

(B) Providing opportunities for freight transportation staff to engage in peer exchange.

(C) Refinement of data and analysis tools used in conjunction with assessing freight transportation needs.

(D) Technical assistance to State transportation departments and local transportation agencies reorganizing to address freight transportation issues.

(E) Facilitating relationship building between governmental and private entities involved in freight transportation.

(F) Identifying ways to target the capacity of State transportation departments and local transportation agencies to address freight considerations in operations, security, asset management, and environmental stewardship in connection with long-range multimodal transportation planning and project implementation.

(5) Federal share.—The Federal share of the cost of an activity carried out under this section shall be up to 100 percent, and such funds shall remain available until expended.

(6) Use of funds.—Funds made available for the program established under this subsection may be used for research, program development, information collection and dissemination, and technical assistance. The Secretary may use such funds independently or make grants to and enter into contracts and cooperative agreements with a Federal agency, State agency, local agency, federally recognized Indian tribal government or tribal consortium, authority, association, nonprofit or for-profit corporation, or institution of higher education, to carry out the purposes of this subsection.

(h) Centers for Surface Transportation Excellence.—

(1) In general.—The Secretary shall make grants under this section to establish and maintain centers for surface transportation excellence.

(2) Goals.—The goals of a center referred to in paragraph (1) shall be to promote and support strategic national surface transportation programs and activities relating to the work of State departments of transportation in the areas of environment, surface transportation safety, rural safety, and project finance.

(3) Role of the centers.—To achieve the goals set forth in paragraph (2), any centers established under paragraph (1) shall provide technical assistance, information sharing of best practices, and training in the use of tools and decisionmaking processes that can assist States in effectively implementing surface transportation programs, projects, and policies.

(4) Program administration.—

(A) Competition.—A party entering into a contract, cooperative agreement, or other transaction with the Secretary under this subsection, or receiving a grant to perform research or provide technical assistance under this subsection, shall be selected on a competitive basis.

(B) Strategic plan.—The Secretary shall require each center to develop a multiyear strategic plan, that—

(i) is submitted to the Secretary at such time as the Secretary requires; and

(ii) describes—

(I) the activities to be undertaken by the center; and

(II) how the work of the center will be coordinated with the activities of the Federal Highway Administration and the various other research, development, and technology transfer activities authorized under this chapter.

(i) Use of Funds.—The Secretary may use funds made available to carry out this section to carry out activities related to workforce development and technical assistance and training if—

(1) the activities are authorized by another provision of this title; and

(2) the activities are for entities other than employees of the Secretary, such as States, units of local government, Federal land management agencies, and Tribal governments.

(Added Pub. L. 105–178, title V, §5104, June 9, 1998, 112 Stat. 429; amended Pub. L. 109–59, title V, §5204(a)(1), (b), (d)(1), (e), (h)(1), Aug. 10, 2005, 119 Stat. 1790, 1792–1794; Pub. L. 112–141, div. E, title II, §52004, July 6, 2012, 126 Stat. 880; Pub. L. 114–94, div. A, title I, §1109(c)(4), Dec. 4, 2015, 129 Stat. 1343; Pub. L. 114–95, title IX, §9215(vvv), Dec. 10, 2015, 129 Stat. 2191; Pub. L. 117–58, div. A, title I, §11525(s), title III, §13007, Nov. 15, 2021, 135 Stat. 608, 639.)

Editorial Notes

References in Text

Section 8101 of the Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(4)(B), (C), is classified to section 7801 of Title 20, Education.

Prior Provisions

A prior section 504, added Pub. L. 90–495, §30, Aug. 23, 1968, 82 Stat. 831, related to Federal reimbursement for highway relocation assistance, prior to repeal by Pub. L. 91–646, title II, §220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

Amendments

2021—Subsec. (e)(1)(D). Pub. L. 117–58, §13007(a)(1)(B), added subpar. (D). Former subpar. (D) redesignated (E).

Subsec. (e)(1)(E). Pub. L. 117–58, §13007(a)(1)(A), (C), redesignated subpar. (D) as (E) and substituted ", college, community college, or vocational school" for "or community college". Former subpar. (E) redesignated (F).

Subsec. (e)(1)(F) to (I). Pub. L. 117–58, §13007(a)(1)(A), (D), added subpar. (G) and redesignated former subpars. (E) to (G) as (F), (H), and (I), respectively.

Subsec. (e)(2). Pub. L. 117–58, §13007(a)(2), substituted "paragraph (1)(I)" for "paragraph (1)(G)".

Subsec. (e)(3). Pub. L. 117–58, §13007(a)(3), inserted dash after "including" and subpar. (A) designation before "activities" and added subpars. (B) to (D).

Subsec. (f). Pub. L. 117–58, §13007(b)(1), substituted "and Training Development and Deployment" for "Development" in heading.

Subsec. (f)(1). Pub. L. 117–58, §13007(b)(2), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "The Secretary shall establish a program to make grants to institutions of higher education that, in partnership with industry or State departments of transportation, will develop, test, and revise new curricula and education programs to train individuals at all levels of the transportation workforce."

Subsec. (f)(2). Pub. L. 117–58, §13007(b)(3)(A), substituted "may" for "shall" in introductory provisions.

Subsec. (f)(2)(A). Pub. L. 117–58, §13007(b)(3)(B), inserted "current or future" after "specific".

Subsec. (f)(2)(E). Pub. L. 117–58, §13007(b)(3)(C), struck out "in nontraditional departments" after "curricula" and inserted "construction," after "such as" and "or emerging" after "industrial".

Subsec. (f)(3), (4). Pub. L. 117–58, §13007(b)(4), (5), added par. (3) and redesignated former par. (3) as (4).

Subsec. (g)(6). Pub. L. 117–58, §11525(s), substituted "make grants to" for "make grants or to".

Subsec. (i). Pub. L. 117–58, §13007(c), added subsec. (i).

2015—Subsec. (a)(4). Pub. L. 114–94 substituted "104(b)(2)" for "104(b)(3)" and "surface transportation block grant program" for "surface transportation program".

Subsec. (d)(4)(B), (C). Pub. L. 114–95 substituted "section 8101 of the Elementary and Secondary Education Act of 1965" for "section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)".

2012—Subsec. (a)(2)(A). Pub. L. 112–141, §52004(1)(A), inserted "and the employees of any other applicable Federal agency" before the semicolon at end.

Subsec. (a)(3)(A)(ii)(V). Pub. L. 112–141, §52004(1)(B), substituted "reducing the amount of time required for" for "expediting".

Subsec. (b)(3). Pub. L. 112–141, §52004(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "The Federal share of the cost of activities carried out by the tribal technical assistance centers under paragraph (2)(D)(ii) shall be 100 percent."

Subsec. (c)(2). Pub. L. 112–141, §52004(3), designated existing provisions as subpar. (A), inserted subpar. heading, substituted ", which program" for ". The program", and added subpar. (B).

Subsec. (e)(1). Pub. L. 112–141, §52004(4)(A)(i), substituted "paragraphs (1) through (4) of section 104(b)" for "sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and 144(e)" in introductory provisions.

Subsec. (e)(1)(F), (G). Pub. L. 112–141, §52004(4)(A)(ii)–(iv), added subpars. (F) and (G).

Subsec. (e)(2). Pub. L. 112–141, §52004(4)(B), inserted ", except for activities carried out under paragraph (1)(G), for which the Federal share shall be 50 percent" before the period at end.

Subsec. (f). Pub. L. 112–141, §52004(5), struck out "Pilot" before "Program" in heading.

Subsec. (g)(4)(F). Pub. L. 112–141, §52004(6), substituted "stewardship" for "excellence".

Subsec. (h). Pub. L. 112–141, §52004(7), added subsec. (h).

2005—Subsec. (a)(3). Pub. L. 109–59, §5204(a)(1), reenacted heading without change and amended text of par. (3) generally. Prior to amendment, text read as follows: "The Institute may develop and administer courses in modern developments, techniques, methods, regulations, management, and procedures relating to surface transportation, environmental mitigation and compliance, acquisition of rights-of-way, relocation assistance, engineering, safety, construction, maintenance and operations, contract administration, motor carrier safety activities, inspection, and highway finance."

Subsec. (b). Pub. L. 109–59, §5204(b), reenacted heading without change and amended text of subsec. (b) generally, substituting provisions relating to authority to carry out a local technical assistance program, authority to make grants and enter into cooperative agreements and contracts, and Federal share of the cost of activities carried out by tribal technical assistance centers, consisting of pars. (1) to (3), for provisions relating to authority to carry out a local technical assistance program and authority to make grants and enter into cooperative agreements and contracts, consisting of pars. (1) and (2).

Subsec. (d). Pub. L. 109–59, §5204(d)(1), added subsec. (d).

Subsecs. (e), (f). Pub. L. 109–59, §5204(e), added subsecs. (e) and (f).

Subsec. (g). Pub. L. 109–59, §5204(h)(1), added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Center for Transportation Advancement and Regional Development

Pub. L. 109–59, title V, §5504, Aug. 10, 2005, 119 Stat. 1822, provided that:

"(a) Establishment.—The Secretary [of Transportation] shall establish a Center for Transportation Advancement and Regional Development (referred to in this section as the 'Center') to assist, through training, education, and research, in the comprehensive development of small metropolitan and rural regional transportation systems that are responsive to the needs of businesses and local communities.

"(b) Activities.—In carrying out this section, the Center shall—

"(1) provide training, information, and professional resources for small metropolitan and rural regions to pursue innovative strategies to expand the capabilities, capacity, and effectiveness of a region's transportation network, including activities related to freight projects, transit system upgrades, roadways and bridges, and intermodal transfer facilities and operations;

"(2) assist local officials, rural transportation and economic development planners, officials from State departments of transportation and economic development, business leaders, and other stakeholders in developing public-private partnerships to enhance their transportation systems; and

"(3) promote the leveraging of regional transportation planning with regional economic and business development planning to assure that appropriate transportation systems are created.

"(c) Program Administration.—To carry out this section, the Secretary [of Transportation] shall make a grant to, or enter into a cooperative agreement or contract with the National Association of Development Organizations.

"(d) Funding.—

"(1) In general.—Of the amounts made available by section 5101(a)(1) of this Act [119 Stat. 1779], $625,000 shall be available for each of fiscal years 2006 through 2009 to carry out this section.

"(2) Federal share.—The Federal share of the cost of activities carried out in accordance with this subsection shall be 100 percent."

Transportation Scholarship Opportunities Program

Pub. L. 109–59, title V, §5505, Aug. 10, 2005, 119 Stat. 1822, provided that:

"(a) In General.—

"(1) Establishment of program.—The Secretary [of Transportation] may establish and implement a scholarship program for the purpose of attracting qualified students for transportation-related critical jobs.

"(2) Partnership.—The Secretary may establish the program in partnership with appropriate nongovernmental institutions.

"(b) Participation.—An operating administration of the Department and the Office of Inspector General may participate in the scholarship program.

"(c) Funding.—Notwithstanding any other provision of law, the Secretary [of Transportation] may use funds available to an operating administration or from the Office of Inspector General of the Department for the purpose of carrying out this section."
23 U.S.C. § 121 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 121: Payment to States for construction
Payment to States for construction
Status: in_force

(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 (including payments made pursuant to a long-term concession agreement, such as availability payments). 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.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 899; Pub. L. 88–157, §7(b), Oct. 24, 1963, 77 Stat. 278; Pub. L. 93–87, title I, §117, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280, title I, §118(a), May 5, 1976, 90 Stat. 437; Pub. L. 100–17, title I, §133(b)(6), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102–240, title I, §1018(b), Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105–178, title I, §§1212(a)(2)(A)(i), 1302, June 9, 1998, 112 Stat. 193, 226; Pub. L. 114–94, div. A, title II, §2002(a), Dec. 4, 2015, 129 Stat. 1446.)

Editorial Notes

Amendments

2015—Subsec. (a). Pub. L. 114–94 inserted "(including payments made pursuant to a long-term concession agreement, such as availability payments)" after "a project" in introductory provisions.

1998—Subsec. (a). Pub. L. 105–178, §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, §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, §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, §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, §1302(3), redesignated subsec. (e) as (c).

Pub. L. 105–178, §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.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

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.

At-Risk Project Preagreement Authority

Pub. L. 114–94, div. A, title I, §1440, Dec. 4, 2015, 129 Stat. 1434, provided that:

"(a) Definition of Preliminary Engineering.—In this section, the term 'preliminary engineering' means allowable preconstruction project development and engineering costs.

"(b) At-risk Project Preagreement Authority.—A recipient or subrecipient of Federal-aid funds under title 23, United States Code, may—

"(1) incur preliminary engineering costs for an eligible project under title 23, United States Code, before receiving project authorization from the State, in the case of a subrecipient, and the Secretary [of Transportation] to proceed with the project; and

"(2) request reimbursement of applicable Federal funds after the project authorization is received.

"(c) Eligibility.—The Secretary may reimburse preliminary engineering costs incurred by a recipient or subrecipient under subsection (b)—

"(1) if the costs meet all applicable requirements under title 23, United States Code, at the time the costs are incurred and the Secretary concurs that the requirements have been met;

"(2) in the case of a project located within a designated nonattainment or maintenance area for air quality, if the conformity requirements of the Clean Air Act (42 U.S.C. 7401 et seq.) have been met; and

"(3) if the costs would have been allowable if incurred after the date of the project authorization by the Department.

"(d) At-risk.—A recipient or subrecipient that elects to use the authority provided under this section shall—

"(1) assume all risk for preliminary engineering costs incurred prior to project authorization; and

"(2) be responsible for ensuring and demonstrating to the Secretary that all applicable cost eligibility conditions are met after the authorization is received.

"(e) Restrictions.—Nothing in this section—

"(1) allows a recipient or subrecipient to use the authority under this section to advance a project beyond preliminary engineering prior to the completion of the environmental review process;

"(2) waives the applicability of Federal requirements to a project other than the reimbursement of preliminary engineering costs incurred prior to an authorization to proceed in accordance with this section; or

"(3) guarantees Federal funding of the project or the eligibility of the project for future Federal-aid highway funding."

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.
23 U.S.C. § 401 (2024) — Title 23: HIGHWAYS / Chapter 4: HIGHWAY SAFETY / Section 401: Authority of the Secretary
Authority of the Secretary
Status: in_force

The Secretary is authorized and directed to assist and cooperate with other Federal departments and agencies, State and local governments, private industry, and other interested parties, to increase highway safety. For the purposes of this chapter, the term "State" means any one of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(Added Pub. L. 89–564, title I, §101, Sept. 9, 1966, 80 Stat. 731; amended Pub. L. 93–87, title II, §218, Aug. 13, 1973, 87 Stat. 290; Pub. L. 98–363, §3(b), July 17, 1984, 98 Stat. 436; Pub. L. 100–17, title I, §133(b)(19), Apr. 2, 1987, 101 Stat. 172.)

Editorial Notes

Amendments

1987—Pub. L. 100–17 inserted reference in second sentence to Commonwealth of the Northern Mariana Islands.

1984—Pub. L. 98–363 struck out ", except that all expenditures for carrying out this chapter in the Virgin Islands, Guam, and American Samoa shall be paid out of money in the Treasury not otherwise appropriated" after "and American Samoa".

1973—Pub. L. 93–87 inserted definition of "State" and provided that all expenditures for carrying out this chapter in the Virgin Islands, Guam, and American Samoa shall be paid out of money in the Treasury not otherwise appropriated.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–363, §3(c), July 17, 1984, 98 Stat. 436, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 402 of this title] shall apply to fiscal years beginning after the date of enactment of this Act [July 17, 1984]."

Short Title of 1991 Amendment

Pub. L. 102–240, title II, §2001, Dec. 18, 1991, 105 Stat. 2070, provided that: "This part [part A (§§2001–2009) of title II of Pub. L. 102–240, amending sections 402, 403, and 410 of this title, enacting provisions set out as notes under sections 402, 403, and 410 of this title, and amending provisions set out below] may be cited as the 'Highway Safety Act of 1991'."

Short Title of 1988 Amendment

Pub. L. 100–690, title IX, §9001, Nov. 18, 1988, 102 Stat. 4521, provided that: "This subtitle [subtitle A (§§9001 to 9005) of title IX of Pub. L. 100–690, enacting section 410 of this title and provisions set out as notes under sections 403 and 410 of this title] may be cited as the 'Drunk Driving Prevention Act of 1988'."

Short Title of 1987 Amendment

Pub. L. 100–17, title II, §201, Apr. 2, 1987, 101 Stat. 218, provided that: "This title [amending sections 402 and 408 of this title and section 2314 of former Title 49, Transportation, enacting provisions set out as notes under this section, section 402 of this title, and section 2204 of former Title 49, and amending provisions set out as a note under this section] be cited as the 'Highway Safety Act of 1987'."

Short Title of 1983 Amendment

Pub. L. 97–424, title II, §201, Jan. 6, 1983, 96 Stat. 2137, provided that: "This title [amending section 402 of this title and enacting provisions set out as notes under this section and sections 130, 154, and 408 of this title] may be cited as the 'Highway Safety Act of 1982'."

Short Title of 1978 Amendment

Pub. L. 95–599, title II, §201, Nov. 6, 1978, 92 Stat. 2727, provided that: "This title [enacting section 407 of this title, amending sections 154 and 402 of this title, and enacting provisions set out as notes under this section and sections 130, 307, 402, and 403 of this title] may be cited as the 'Highway Safety Act of 1978'."

Short Title of 1976 Amendment

Pub. L. 94–280, title II, §201, May 5, 1976, 90 Stat. 451, provided that: "That title [amending sections 104, 151, 402, 404, and 406 of this title and provisions set out as a note under section 130 of this title and enacting provisions set out as notes under sections 127 and 402 of this title] may be cited as the 'Highway Safety Act of 1976'."

Short Title of 1973 Amendment

Pub. L. 93–87, title II, §201, Aug. 13, 1973, 87 Stat. 282, provided that: "This title [enacting sections 151 to 153 and 405 of this title, amending this section and sections 104 and 402 to 404 of this title, and enacting provisions set out as notes under this section and sections 130, 144, 151, 217, and 403 of this title] may be cited as the 'Highway Safety Act of 1973'."

Short Title of 1970 Amendment

Pub. L. 91–605, title II, §201, Dec. 31, 1970, 84 Stat. 1739, provided that: "This title [enacting sections 144 and 322 of this title, amending provisions set out as notes under this section and section 402 of this title, and enacting provisions set out as notes under this section and section 402 of this title] may be cited as the 'Highway Safety Act of 1970'."

Short Title

Pub. L. 89–564, title II, §208, Sept. 9, 1966, 80 Stat. 737, provided that: "This Act [enacting this chapter, amending sections 105 and 307 of this title, repealing sections 135 and 313 of this title, and enacting provisions set out as notes under this section and sections 303, 307, 402, and 403 of this title] may be cited as the 'Highway Safety Act of 1966'."

Transportation Management Plans

Pub. L. 117–58, div. A, title I, §11303, Nov. 15, 2021, 135 Stat. 530, provided that:

"(a) In General.—The Secretary [of Transportation] shall amend section 630.1010(c) of title 23, Code of Federal Regulations, to ensure that only a project described in that subsection with a lane closure for 3 or more consecutive days shall be considered to be a significant project for purposes of that section.

"(b) Non-Interstate Projects.—Notwithstanding any other provision of law, a State shall not be required to develop or implement a transportation management plan (as described in section 630.1012 of title 23, Code of Federal Regulations (or successor regulations)) for a highway project not on the Interstate System if the project requires not more than 3 consecutive days of lane closures."

Highway Safety Grants Emergency Authority

Pub. L. 116–260, div. N, title IV, §442, Dec. 27, 2020, 134 Stat. 2069, provided that: "Notwithstanding any other provision of law, in fiscal year 2021, the Secretary of Transportation may exercise the authority provided by section 22005 of division B of the CARES Act (23 U.S.C. 401 note [set out below]; Public Law 116–136)."

Pub. L. 116–136, div. B, title XII, §22005, Mar. 27, 2020, 134 Stat. 613, provided that:

"(a) In General.—The Secretary of Transportation (referred to in this section as the 'Secretary') may waive or postpone any requirement under section 402, 404, 405, or 412 of title 23, United States Code, section 4001 of the FAST Act (Public Law 114–94; 129 Stat. 1497) [23 U.S.C. 401 note, 402 note], or part 1300 of title 23, Code of Federal Regulations (or successor regulations), if the Secretary determines that—

"(1) the Coronavirus Disease 2019 (COVID–19) is having a substantial impact on—

"(A) the ability of States to implement or carry out any grant, campaign, or program under those provisions; or

"(B) the ability of the Secretary to carry out any responsibility of the Secretary with respect to a grant, campaign, or program under those provisions; or

"(2) the requirements of those provisions are having a substantial impact on the ability of States or the Secretary to address the Coronavirus Disease 2019 (COVID–19).

"(b) Report.—The Secretary shall periodically submit to the relevant committees of Congress a report describing—

"(1) each determination made by the Secretary under subsection (a); and

"(2) each waiver or postponement of a requirement under that subsection.

"(c) Emergency Requirement.—The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(A)(i)]."

Wildlife Vehicle Collision Reduction Study

Pub. L. 109–59, title I, §1119(n), Aug. 10, 2005, 119 Stat. 1190, provided that:

"(1) In general.—The Secretary [of Transportation] shall conduct a study of methods to reduce collisions between motor vehicles and wildlife (in this subsection referred to as 'wildlife vehicle collisions').

"(2) Contents.—

"(A) Areas of study.—The study shall include an assessment of the causes and impacts of wildlife vehicle collisions and solutions and best practices for reducing such collisions.

"(B) Methods for conducting the study.—In carrying out the study, the Secretary shall—

"(i) conduct a thorough literature review; and

"(ii) survey current practices of the Department of Transportation.

"(3) Consultation.—In carrying out the study, the Secretary shall consult with appropriate experts in the field of wildlife vehicle collisions.

"(4) Report.—

"(A) In general.—Not later than 2 years after the date of enactment of this Act [Aug. 10, 2005], the Secretary shall submit to Congress a report on the results of the study.

"(B) Contents.—The report shall include a description of each of the following:

"(i) Causes of wildlife vehicle collisions.

"(ii) Impacts of wildlife vehicle collisions.

"(iii) Solutions to and prevention of wildlife vehicle collisions.

"(5) Manual.—

"(A) Development.—Based upon the results of the study, the Secretary shall develop a best practices manual to support State efforts to reduce wildlife vehicle collisions.

"(B) Availability.—The manual shall be made available to States not later than 1 year after the date of transmission of the report under paragraph (4).

"(C) Contents.—The manual shall include, at a minimum, the following:

"(i) A list of best practices addressing wildlife vehicle collisions.

"(ii) A list of information, technical, and funding resources for addressing wildlife vehicle collisions.

"(iii) Recommendations for addressing wildlife vehicle collisions.

"(iv) Guidance for developing a State action plan to address wildlife vehicle collisions.

"(6) Training.—Based upon the manual developed under paragraph (5), the Secretary shall develop a training course on addressing wildlife vehicle collisions for transportation professionals."

Worker Injury Prevention and Free Flow of Vehicular Traffic

Pub. L. 109–59, title I, §1402, Aug. 10, 2005, 119 Stat. 1227, provided that: "Not later than 1 year after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] shall issue regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers whose duties place them on or in close proximity to a Federal-aid highway (as defined in section 101 of title 23, United States Code) to wear high visibility garments. The regulations may also require such other worker-safety measures for workers with those duties as the Secretary determines to be appropriate."

Roadway Safety Improvements for Older Drivers and Pedestrians

Pub. L. 109–59, title I, §1405, Aug. 10, 2005, 119 Stat. 1230, provided that:

"(a) In General.—The Secretary [of Transportation] shall carry out a program to improve traffic signs and pavement markings in all States (as such term is defined in section 101 of title 23, United States Code) in a manner consistent with the recommendations included in the publication of the Federal Highway Administration entitled 'Guidelines and Recommendations to Accommodate Older Drivers and Pedestrians (FHWA–RD–01–103)' and dated October 2001.

"(b) Federal Share.—The Federal share of the cost of a project carried out under this section shall be determined in accordance with section 120 of title 23, United States Code.

"(c) Authorization of Appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2005 through 2009."

Work Zone and Guard Rail Safety Training

Pub. L. 109–59, title I, §1409(a)–(c), Aug. 10, 2005, 119 Stat. 1232, as amended by Pub. L. 114–94, div. A, title I, §1417(a)(2), Dec. 4, 2015, 129 Stat. 1423, provided that:

"(a) In General.—The Secretary [of Transportation] shall establish and implement a work zone safety grant program under which the Secretary may make grants to nonprofit organizations and not-for-profit organizations to provide training to prevent or reduce highway work zone injuries and fatalities.

"(b) Eligible Activities.—Grants may be made under the program for the following purposes:

"(1) Training for construction craft workers on the prevention of injuries and fatalities in highway and road construction.

"(2) Development of guidelines for the prevention of highway work zone injuries and fatalities.

"(3) Training for State and local government transportation agencies and other groups implementing guidelines for the prevention of highway work zone injuries and fatalities.

"(4) Development, updating, and delivery of training courses on guard rail installation, maintenance, and inspection.

"(c) Funding.—

"(1) In general.—There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $5,000,000 for each of fiscal years 2006 through 2009.

"(2) Contract authority.—Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable."

Prohibition on Other Uses

Pub. L. 117–58, div. B, title IV, §24101(b), Nov. 15, 2021, 135 Stat. 784, provided that: "Except as otherwise provided in chapter 4 of title 23, and chapter 303 of title 49, United States Code, the amounts made available under subsection (a) [of section 24101 of Pub. L. 117–58, 135 Stat. 784] or any other provision of law from the Highway Trust Fund (other than the Mass Transit Account) for a program under those chapters—

"(1) shall only be used to carry out that program; and

"(2) may not be used by a State or local government for construction purposes."

Similar provisions were contained in the following prior acts:

Pub. L. 114–94, div. A, title IV, §4001(b), Dec. 4, 2015, 129 Stat. 1498.

Pub. L. 112–141, div. C, title I, §31101(b), July 6, 2012, 126 Stat. 733.

Pub. L. 109–59, title II, §2001(b), Aug. 10, 2005, 119 Stat. 1520.

Use of Uniformed Police Officers on Federal-Aid Highway Construction Projects

Pub. L. 105–178, title I, §1213(c), June 9, 1998, 112 Stat. 200, provided that the Secretary, in consultation with the States, State transportation departments, and law enforcement organizations, would conduct a study on the extent and effectiveness of use by States of uniformed police officers on Federal-aid highway construction projects, and would submit to Congress, not later than 2 years after June 9, 1998, a report on the results of the study, including any legislative and administrative recommendations.

Radio and Microwave Technology for Motor Vehicle Safety Warning System

Pub. L. 104–59, title III, §358(c), Nov. 28, 1995, 109 Stat. 625, provided that:

"(1) Study.—The Secretary, in consultation with the Federal Communications Commission and the National Telecommunications and Information Administration, shall conduct a study to develop and evaluate radio and microwave technology for a motor vehicle safety warning system in furtherance of safety in all types of motor vehicles.

"(2) Equipment.—Equipment developed under the study shall be directed toward, but not limited to, advance warning to operators of all types of motor vehicles of—

"(A) temporary obstructions in a highway;

"(B) poor visibility and highway surface conditions caused by adverse weather; and

"(C) movement of emergency vehicles.

"(3) Safety applications.—In conducting the study, the Secretary shall determine whether the technology described in this subsection has other appropriate safety applications."

Work Zone Safety Program

Pub. L. 117–58, div. A, title I, §11302, Nov. 15, 2021, 135 Stat. 530, provided that: "The Secretary [of Transportation] shall amend section 630.1008(e) of title 23, Code of Federal Regulations, to ensure that the work zone process review under that subsection is required not more frequently than once every 5 years."

Pub. L. 109–59, title I, §1410, Aug. 10, 2005, 119 Stat. 1233, provided that:

"(a) Grants.—The Secretary [of Transportation] shall make grants for fiscal years 2006 through 2009 to a national nonprofit foundation for the operation of the National Work Zone Safety Information Clearinghouse, authorized by section 358(b)(2) of Public Law 104–59 [set out below], created for the purpose of assembling and disseminating, by electronic and other means, information relating to improvement of roadway work zone safety.

"(b) Authorization of Appropriations.—There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $1,000,000 for each of fiscal years 2006 through 2009.

"(c) Contract Authority.—Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except the Federal share of the cost of activities carried out using such funds shall be 100 percent, and such funds shall remain available until expended and shall not be transferable."

Pub. L. 104–59, title III, §358(b), Nov. 28, 1995, 109 Stat. 625, provided that: "In carrying out the work zone safety program under section 1051 of the Intermodal Surface Transportation Efficiency Act of 1991 [Pub. L. 102–240] (23 U.S.C. 401 note; 105 Stat. 2001), the Secretary shall utilize a variety of methods to increase safety at highway construction sites, including each of the following:

"(1) Conducting conferences to explore new techniques and stimulate dialogue for improving work zone safety.

"(2) Establishing a national clearinghouse to assemble and disseminate, by electronic and other means, information relating to the improvement of work zone safety.

"(3) Conducting a national promotional campaign in cooperation with the States to provide timely, site-specific information to motorists when construction workers are actually present.

"(4) Encouraging the use of enforceable speed limits in work zones.

"(5) Developing training programs for work site designers and construction workers to promote safe work zone practices.

"(6) Encouraging the use of unit price bid items in contracts for traffic control devices and implementation of traffic control plans."

Pub. L. 102–240, title I, §1051, Dec. 18, 1991, 105 Stat. 2001, provided that: "The Secretary shall develop and implement a work zone safety program which will improve work zone safety at highway construction sites by enhancing the quality and effectiveness of traffic control devices, safety appurtenances, traffic control plans, and bidding practices for traffic control devices and services."

Older Drivers and Other Special Driver Groups

Pub. L. 104–59, title III, §358(a), Nov. 28, 1995, 109 Stat. 625, provided that:

"(1) Study.—The Secretary shall conduct a study of technologies and practices to improve the driving performance of older drivers and other special driver groups.

"(2) Demonstration activities.—In conducting the study under paragraph (1), the Secretary shall undertake demonstration activities that incorporate and build upon gerontology research related to the study of the normal aging process. The Secretary shall initially implement such activities in those States that have the highest population of aging citizens for whom driving a motor vehicle is their primary mobility mode.

"(3) Cooperative agreement.—The Secretary shall conduct the study under paragraph (1) by entering into a cooperative agreement with an institution that has demonstrated competencies in gerontological research, population demographics, human factors related to transportation, and advanced technology applied to transportation."

Pub. L. 100–17, title II, §208, Apr. 2, 1987, 101 Stat. 222, as amended by Pub. L. 100–202, §101(l) [title III, §348(h)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–389, directed Secretary to enter into appropriate arrangements with National Academy of Sciences to conduct a comprehensive study and investigation of (1) problems which could inhibit the safety and mobility of older drivers using the Nation's roads, and (2) means of addressing these problems, to request the Academy to report to Secretary and Congress not later than 24 months after Apr. 2, 1987, on the results of such study and investigation, to furnish to the Academy any information which it deems necessary for conducting the investigation and study, and to develop, in conjunction with the study, a pilot program of highway safety improvements to enhance the safety and mobility of older drivers and, not later than 3 years after Apr. 2, 1987, to evaluate the pilot program and report to Congress on the effectiveness of the program in improving the safety and mobility of older drivers.

Annual Report by Secretary of Transportation on Highway Safety Performance of Each State

Pub. L. 97–424, title II, §207, Jan. 6, 1983, 96 Stat. 2139, provided that: "The Secretary of Transportation shall prepare, publish, and submit to Congress not later than December 31 of each calendar year beginning after December 31, 1982, a report on the highway safety performance of each State in the preceding calendar year. Such report shall provide data on highway fatalities and injuries and motor vehicle accidents involving fatalities and injuries and travel in urban areas of each State for each system of highways and in rural areas of such State for each system of highways. Such report shall be in such form and contain such other information on highway accidents as will permit an evaluation and comparison of highway safety performance of the States. For purposes of this section (1) the systems of highways in a State are the Federal-aid primary system, the Federal-aid secondary system, the Federal-aid urban system, and the Interstate System (as such terms are defined in section 101 of title 23, United States Code) and the other highways in such State which are not on the Federal-aid system, and (2) the terms 'State', 'rural areas', and 'urban area' have the meaning such terms have under section 101."

[For termination, effective May 15, 2000, of provisions relating to submittal of report to Congress in section 207 of Pub. L. 97–424, set out above, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 136 of House Document No. 103–7.]

National Driver Registration

Pub. L. 97–364, title II, §§201–211, Oct. 25, 1982, 96 Stat. 1740–1748, as amended by Pub. L. 100–223, title III, §305, Dec. 30, 1987, 101 Stat. 1525; Pub. L. 100–342, §4(b), June 22, 1988, 102 Stat. 626; Pub. L. 101–380, title IV, §4105(a), Aug. 18, 1990, 104 Stat. 512; Pub. L. 102–240, title II, §2007, Dec. 18, 1991, 105 Stat. 2080, directed Secretary of Transportation to establish and maintain a National Driver Register to assist States in exchange of information on motor vehicle driving records of individuals and provided for reports by State officials, accessibility of Register information, a pilot test program, criminal penalties, an advisory committee, and a report to Congress by the Secretary, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and Pub. L. 103–429, §8(10), Oct. 31, 1994, 108 Stat. 4390, and was restated in part in chapter 303 of Title 49, Transportation.

Pilot Projects for Highway Safety Education and Information

Pub. L. 95–599, title II, §209, Nov. 6, 1978, 92 Stat. 2732, as amended by Pub. L. 97–424, title II, §206, Jan. 6, 1983, 96 Stat. 2139; Pub. L. 100–17, title II, §207, Apr. 2, 1987, 101 Stat. 221, provided that:

"(a) The Secretary of Transportation shall carry out six pilot projects designed, through the use of television and radio, to develop and evaluate techniques, methods, and practices to achieve maximum measurable effectiveness in reducing traffic accidents, injuries, and deaths.

"(b) Each pilot project authorized by this section shall be in operation not later than the one hundred and eightieth day after the date of the first appropriation of funds made under authority of this section, and shall be conducted for a one-year period. Not later than the ninetieth day after the end of each such one-year period, the Secretary of Transportation shall report to Congress the results of such project, including, but not limited to, an evaluation of the effectiveness of such project and a statistical analysis of the traffic accidents and fatalities within the project area during such one-year period.

"(c) There is authorized to be appropriated, out of the Highway Trust Fund, to carry out subsections (a) and (b) of this section, $6,000,000, to remain available until expended.

"(d) National Highway Safety Campaign.—Utilizing those techniques, methods, and practices determined most effective under subsection (b), the Secretary of Transportation shall conduct a national highway safety campaign utilizing the local and national television and radio to educate and inform the public of techniques, methods, and practices to reduce the number and severity of highway accidents. Not later than the 180th day after the date of submission of the first report to Congress required by subsection (b) of this section, the Secretary shall commence the conduct of such campaign.

"(e) Such campaign is authorized to be conducted in cooperation with interested government and nongovernment authorities, agencies, organizations, institutions, businesses, and individuals, and shall utilize to the extent possible nongovernmental professional organizations equipped and experienced to conduct such campaign.

"(f) The Secretary of Transportation shall engage such private firms or organizations as he determines necessary to conduct an on-going evaluation of the national campaign authorized by subsection (d) of this section to determine ways and means for encouraging the participation and cooperation of television and radio station licensees, for measuring audience reactions to on-going highway safety programming for evaluating the effectiveness of such programs in terms of the number of lives saved and the reduction in injuries, and for the purpose of developing new programs for the promotion of highway safety. Such evaluation shall include determinations of those programs designed to encourage the voluntary use of safety belts which are most effective and shall include recommendations for new methods and approaches which will result in greater voluntary utilization of safety belts by the public.

"(g) The Secretary of Transportation shall submit a report to the Congress on July 1 of each year in which the campaign is in progress on the results of such evaluation and on the steps being taken by the Secretary of Transportation to implement the recommendations of such evaluation.

"(h) For the purpose of carrying out subsections (d), (e), (f), and (g) of this section, there is authorized to be appropriated out of the Highway Trust Fund, $10,000,000, to remain available until expended. None of the amounts authorized by this subsection shall be available for obligation for any education or information program conducted in connection with the implementation of Federal Motor Vehicle Safety Standard 208 (49 C.F.R. 571.208).

"(i) All provisions of chapter 1 of title 23, United States Code, that are applicable to Federal-aid primary highway funds, other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section and except that the funds authorized to be appropriated to carry out this section shall not be subject to any obligation limitation."

[For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under section 209(g) of Pub. L. 95–599, set out above, is listed on page 139), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.]

Highway Safety Educational Programing and Study; Report to Congress; Series of Highway Safety Television Programs; Appropriations Authorizations

Pub. L. 93–87, title II, §211, Aug. 13, 1973, 87 Stat. 288, directed Secretary of Transportation, in cooperation with government and nongovernment authorities and individuals, to conduct a full and complete investigation and study of use of mass media for informing and educating the public of ways and means for reducing number and severity of highway accidents, to report to Congress his findings and recommendations by June 30, 1974, and to develop, in consultation with State and local highway safety officials, a series of highway safety television programs of varying lengths for use in accordance with provisions of the Communication Act of 1934 (47 U.S.C. 151 et seq.).

Highway Safety Citizen Participation Study

Pub. L. 93–87, title II, §212, Aug. 13, 1973, 87 Stat. 289, authorized the appropriation of $1,000,000 for a study by the Secretary of Transportation, with cooperation of State and local highway safety authorities, of ways and means of encouraging greater citizen participation in highway safety programs, the results of such study and recommendations to be reported to Congress by June 30, 1974.

National Center for Statistical Analysis of Highway Operations

Pub. L. 93–87, title II, §213, Aug. 13, 1973, 87 Stat. 289, authorized the appropriation of $5,000,000 to make a study of the feasibility of establishing a National Center for Statistical Analysis of Highway Operations designed to acquire, store and retrieve accident data, the results of such study and recommendations to be reported to Congress not later than Jan. 1, 1975.

Pedestrian and Bicycle Safety Study

Pub. L. 93–87, title II, §214, Aug. 13, 1973, 87 Stat. 289, authorized the appropriation of $5,000,000 for a study of pedestrian and bicycle safety, including a review of local ordinances, the relationship between alcohol and pedestrian and bicycle safety, etc., the results of such study and recommendations to be reported to Congress not later than Jan. 31, 1975.

Highway Safety Needs Study

Pub. L. 93–87, title II, §225, Aug. 13, 1973, 87 Stat. 292, mandated a study by the Secretary of Transportation of highway safety needs of the States, including those of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands and other territories, in order to evaluate continuing safety programs and furnish Congress with information necessary for authorization of appropriations for continuing safety programs, the results of such study, estimates and recommendations to be submitted to Congress not later than Jan. 10, 1976.

National Highway Traffic Safety Administration; Creation; Appointment of Administrator and Deputy Administrator; Duties; Retroactive Effect

Pub. L. 89–564, title II, §201, Sept. 9, 1966, 80 Stat. 735, as amended by Pub. L. 89–670, §8(h), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90–83, §10(b), Sept. 11, 1967, 81 Stat. 224; Pub. L. 91–605, title II, §202(a), Dec. 31, 1970, 84 Stat. 1739, which provided for the creation of National Highway Traffic Safety Administration in the Department of Transportation, was repealed by Pub. L. 97–449, §7(b), Jan. 12, 1983, 96 Stat. 2444, and reenacted by section 1(b) of Pub. L. 97–449 as section 105 of Title 49, Transportation.

Acting Administrator of National Highway Traffic Safety Administration

Pub. L. 91–605, title II, §202(b), Dec. 31, 1970, 84 Stat. 1740, permitted President to authorize any person who immediately before Dec. 31, 1970, held the office of Director of the National Highway Safety Bureau, to act as Administrator of the National Highway Traffic Safety Administration until the appointment of the first Administrator.

Annual Report to Congress on Administration of Highway Safety Act of 1966

Pub. L. 89–564, title II, §202, Sept. 9, 1966, 80 Stat. 736, as amended by Pub. L. 93–87, title II, §224, Aug. 13, 1973, 87 Stat. 292, provided that:

"(a) The Secretary shall prepare and submit to the President for transmittal to the Congress on July 1 of each year a comprehensive report on the administration of the Highway Safety Act of 1966 (including chapter 4 of title 23 of the United States Code) for the preceding calendar year. Such report should include but not be restricted to (1) a thorough statistical compilation of the accidents and injuries occurring in such year; (2) a list of all safety standards issued or in effect in such year; (3) the scope of observance of applicable Federal standards; (4) a statement of enforcement actions including judicial decisions, settlements, or pending litigation during the year; (5) a summary of all current research grants and contracts together with a description of the problems to be considered by such grants and contracts; (6) an analysis and evaluation of completed research activities and technological progress achieved during such year together with the relevant policy recommendations flowing therefrom: (7) the effectiveness of State highway safety program (including local highway safety programs) and (8) the extent to which technical information was being disseminated to the scientific community and consumer-oriented material was made available to the motoring public.

"(b) The annual report shall also contain such recommendations for additional legislation as the Secretary deems necessary to promote cooperation among the several States in the improvement of highway safety and to strengthen the national highway safety program."

[For termination, effective May 15, 2000, of provisions relating to transmittal of report to Congress in section 202 of Pub. L. 89–564, set out above, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 135 of House Document No. 103–7.]

Detailed Cost Estimate of Highway Safety Act of 1966

Pub. L. 89–564, title II, §207, Sept. 9, 1966, 80 Stat. 737, directed Secretary, in cooperation with the Governors of appropriate State highway safety agencies, make a detailed estimate of the cost of carrying out the Highway Safety Act of 1966 in order to provide a basis for evaluating continuing programs under the Act and to furnish Congress information necessary for authorization of appropriations for fiscal years beginning after June 30, 1969, such estimates to be submitted to Congress not later than Jan. 10, 1968.

Interstate Compacts for Highway Safety

Pub. L. 85–684, Aug. 20, 1958, 72 Stat. 635, as amended by Pub. L. 88–466, Aug. 20 1964, 78 Stat. 564, provided: "That the consent of Congress is hereby given to any two or more of the several States, and one or more of the several States and the District of Columbia, to enter into agreements or compacts—

"(1) for cooperative effort and mutual assistance in the establishment and carrying out of traffic safety programs, including, but not limited to, the enactment of uniform traffic laws, driver education and training, coordination of traffic law enforcement, research into safe automobile and highway design, and research programs of the human factors affecting traffic safety, and

"(2) for the establishment of such agencies, joint or otherwise, as they deem desirable for the establishment and carrying out of such traffic safety programs."
23 U.S.C. § 323 (2024) — Title 23: HIGHWAYS / Chapter 3: GENERAL PROVISIONS / Section 323: Donations and credits
Donations and credits
Status: in_force

(a) Donations of Property Being Acquired.—Nothing in this title, or in any other provision of law, shall be construed to prevent a person whose real property is being acquired in connection with a project under this title, after he has been fully informed of his right to receive just compensation for the acquisition of his property, from making a gift or donation of such property, or any part thereof, or of any of the compensation paid therefor, to a Federal agency, a State or a State agency, or a political subdivision of a State, as said person shall determine.

(b) Credit for Acquired Lands.—

(1) In general.—Notwithstanding any other provision of this title, the State share of the cost of a project with respect to which Federal assistance is provided from the Highway Trust Fund (other than the Mass Transit Account) may be credited in an amount equal to the fair market value of any land that—

(A) is lawfully obtained by the State or a unit of local government in the State;

(B) is incorporated into the project;

(C) is not land described in section 138; and

(D) the Secretary determines will not influence the environmental assessment of the project, including—

(i) the decision as to the need to construct the project;

(ii) the consideration of alternatives; and

(iii) the selection of a specific location.

(2) Establishment of fair market value.—The fair market value of land incorporated into a project and credited under paragraph (1) shall be established in the manner determined by the Secretary, except that—

(A) the fair market value shall not include any increase or decrease in the value of donated property caused by the project; and

(B) the fair market value of donated land shall be established as of the earlier of—

(i) the date on which the donation becomes effective; or

(ii) the date on which equitable title to the land vests in the State.

(3) Limitation on applicability.—This subsection shall not apply to donations made by an agency of the Federal Government.

(4) Limitation on amount of credit.—The credit received by a State pursuant to this subsection may not exceed the State's matching share for the project.

(c) Credit for Donations of Funds, Materials, or Services.—Nothing in this title or any other law shall prevent a person from offering to donate funds, materials, or services, or a local government from offering to donate funds, materials, or services performed by local government employees, in connection with a project eligible for assistance under this title. In the case of such a project with respect to which the Federal Government and the State share in paying the cost, any donated funds, or the fair market value of any donated materials or services, that are accepted and incorporated into the project by the State transportation department shall be credited against the State share.

(d) Procedures.—A gift or donation in accordance with subsection (a) may be made at any time during the development of a project. Any document executed as part of such donation prior to the approval of an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall clearly indicate that—

(1) all alternatives to a proposed alignment will be studied and considered pursuant to such Act;

(2) acquisition of property under this section shall not influence the environmental assessment of a project including the decision relative to the need to construct the project or the selection of a specific location; and

(3) any property acquired by gift or donation shall be revested in the grantor or successors in interest if such property is not required for the alignment chosen after public hearings, if required, and completion of the environmental document.

(Added Pub. L. 93–87, title I, §145(a), Aug. 13, 1973, 87 Stat. 273; amended Pub. L. 93–643, §112, Jan. 4, 1975, 88 Stat. 2285; Pub. L. 100–17, title I, §146(a), Apr. 2, 1987, 101 Stat. 179; Pub. L. 104–59, title III, §322, Nov. 28, 1995, 109 Stat. 591; Pub. L. 105–178, title I, §§1212(a)(2)(A)(i), 1301(b)–(d)(1), June 9, 1998, 112 Stat. 193, 225, 226; Pub. L. 109–59, title I, §1902, Aug. 10, 2005, 119 Stat. 1464; Pub. L. 117–58, div. A, title I, §11525(q), Nov. 15, 2021, 135 Stat. 608.)

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (d), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments

2021—Subsec. (d). Pub. L. 117–58 inserted "(42 U.S.C. 4321 et seq.)" after "National Environmental Policy Act of 1969" in introductory provisions.

2005—Subsec. (c). Pub. L. 109–59, §1902(1), inserted ", or a local government from offering to donate funds, materials, or services performed by local government employees," before "in connection with a project".

Subsec. (e). Pub. L. 109–59, §1902(2), struck out heading and text of subsec. (e). Text read as follows: "A contribution by a unit of local government of real property, funds, or material in connection with a project eligible for assistance under this title shall be credited against the State share of the project at the fair market value of the real property, funds, or material."

1998—Pub. L. 105–178, §1301(d)(1), substituted "Donations and credits" for "Donations" in section catchline.

Subsec. (b). Pub. L. 105–178, §1301(b)(1), substituted "Acquired" for "Donated" in heading.

Subsec. (b)(1), (2). Pub. L. 105–178, §1301(b)(2), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

"(1) General rule.—Notwithstanding any provision of this title, the State matching share for a project with respect to which Federal assistance is provided out of the Highway Trust Fund (other than the Mass Transit Account) may be credited by the fair market value of land incorporated into the project and lawfully donated to the State after the date of the enactment of this subsection.

"(2) Establishment of fair market value.—The fair market value of the donated land shall be established as determined by the Secretary. Fair market value shall not include increases and decreases in the value of donated property caused by the project. For purposes of this subsection, the fair market value of donated land shall be established as of the date the donation becomes effective or when equitable title to the land vests in the State, whichever is earlier."

Subsec. (b)(3). Pub. L. 105–178, §1301(b)(3), substituted "agency of the Federal Government" for "agency of a Federal, State, or local government".

Subsec. (b)(4). Pub. L. 105–178, §1301(b)(4), struck out "to which the donation is applied" before period at end.

Subsec. (c). Pub. L. 105–178, §1212(a)(2)(A)(i), substituted "State transportation department" for "State highway department".

Subsec. (e). Pub. L. 105–178, §1301(c), added subsec. (e).

1995—Subsecs. (c), (d). Pub. L. 104–59 added subsec. (c) and redesignated former subsec. (c) as (d).

1987—Pub. L. 100–17 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).

1975—Pub. L. 93–643 substituted "after he has been fully informed of his right to receive just compensation for the acquisition of his property" for "after he has been tendered the full amount of the estimated just compensation as established by an approved appraisal of the fair market value of the subject real property".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
23 U.S.C. § 217 (2024) — Title 23: HIGHWAYS / Chapter 2: OTHER HIGHWAYS / Section 217: Bicycle transportation and pedestrian walkways
Bicycle transportation and pedestrian walkways
Status: in_force

(a) Use of STP and Congestion Mitigation Program Funds.—Subject to project approval by the Secretary, a State may obligate funds apportioned to it under sections 104(b)(2) and 104(b)(4) of this title for construction of pedestrian walkways and bicycle and shared micromobility transportation facilities and for carrying out nonconstruction projects related to safe access for bicyclists and pedestrians.

(b) Use of National Highway Performance Program Funds.—Subject to project approval by the Secretary, a State may obligate funds apportioned to it under section 104(b)(1) of this title for construction of pedestrian walkways and bicycle transportation facilities on land adjacent to any highway on the National Highway System.

(c) Use of Federal Lands Highway Funds.—Funds authorized for forest highways, forest development roads and trails, public lands development roads and trails, park roads, parkways, Indian reservation roads, and public lands highways shall be available, at the discretion of the department charged with the administration of such funds, for the construction of pedestrian walkways and bicycle transportation facilities.

(d) State Bicycle and Pedestrian Coordinators.—Each State receiving an apportionment under sections 104(b)(2) and 104(b)(4) of this title shall use such amount of the apportionment as may be necessary to fund in the State department of transportation up to 2 positions of bicycle and pedestrian coordinator for promoting and facilitating the increased use of nonmotorized modes of transportation, including developing facilities for the use of pedestrians and bicyclists and public education, promotional, and safety programs for using such facilities.

(e) Bridges.—In any case where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which pedestrians or bicyclists are permitted to operate at each end of such bridge, and the Secretary determines that the safe accommodation of pedestrians or bicyclists can be provided at reasonable cost as part of such replacement or rehabilitation, then such bridge shall be so replaced or rehabilitated as to provide such safe accommodations.

(f) Federal Share.—For all purposes of this title, construction of a pedestrian walkway or a bicycle or shared micromobility transportation facility shall be deemed to be a highway project and the Federal share payable on account of such construction shall be determined in accordance with section 120(b).

(g) Planning and Design.—

(1) In general.—Bicyclists and pedestrians shall be given due consideration in the comprehensive transportation plans developed by each metropolitan planning organization and State in accordance with sections 134 and 135, respectively. Bicycle transportation facilities and pedestrian walkways shall be considered, where appropriate, in conjunction with all new construction and reconstruction of transportation facilities, except where bicycle and pedestrian use are not permitted.

(2) Safety considerations.—Transportation plans and projects shall provide due consideration for safety and contiguous routes for bicyclists and pedestrians. Safety considerations shall include the installation, where appropriate, and maintenance of audible traffic signals and audible signs at street crossings.

(h) Use of Motorized Vehicles.—Motorized vehicles may not be permitted on trails and pedestrian walkways under this section, except for—

(1) maintenance purposes;

(2) when snow conditions and State or local regulations permit, snowmobiles;

(3) motorized wheelchairs;

(4) when State or local regulations permit, electric bicycles; and

(5) such other circumstances as the Secretary deems appropriate.

(i) Transportation Purpose.—No bicycle project may be carried out under this section unless the Secretary has determined that such bicycle project will be principally for transportation, rather than recreation, purposes.

(j) Definitions.—In this section, the following definitions apply:

(1) Bicycle transportation facility.—The term "bicycle transportation facility" means a new or improved lane, path, or shoulder for use by bicyclists and a traffic control device, shelter, or parking facility for bicycles.

(2) Electric bicycle.—

(A) In general.—The term "electric bicycle" means a bicycle—

(i) equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts;

(ii) that can safely share a bicycle transportation facility with other users of such facility; and

(iii) that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle.

(B) Classes of electric bicycles.—

(i) Class 1 electric bicycle.—For purposes of subparagraph (A)(iii), the term "class 1 electric bicycle" means an electric bicycle, other than a class 3 electric bicycle, equipped with a motor that—

(I) provides assistance only when the rider is pedaling; and

(II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 20 miles per hour.

(ii) Class 2 electric bicycle.—For purposes of subparagraph (A)(iii), the term "class 2 electric bicycle" means an electric bicycle equipped with a motor that—

(I) may be used exclusively to propel the bicycle; and

(II) is not capable of providing assistance when the speed of the bicycle reaches or exceeds 20 miles per hour.

(iii) Class 3 electric bicycle.—For purposes of subparagraph (A)(iii), the term "class 3 electric bicycle" means an electric bicycle equipped with a motor that—

(I) provides assistance only when the rider is pedaling; and

(II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 28 miles per hour.

(3) Pedestrian.—The term "pedestrian" means any person traveling by foot and any mobility-impaired person using a wheelchair.

(4) Wheelchair.—The term "wheelchair" means a mobility aid, usable indoors, and designed for and used by individuals with mobility impairments, whether operated manually or motorized.

(Added Pub. L. 93–87, title I, §124(a), Aug. 13, 1973, 87 Stat. 262; amended Pub. L. 94–280, title I, §134, May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, §141(h), Nov. 6, 1978, 92 Stat. 2712; Pub. L. 97–424, title I, §126A, formerly §126, Jan. 6, 1983, 96 Stat. 2116, renumbered §126A, Pub. L. 100–17, title I, §133(a)(2), Apr. 2, 1987, 101 Stat. 170; Pub. L. 100–17, title I, §127, Apr. 2, 1987, 101 Stat. 167; Pub. L. 102–240, title I, §1033, Dec. 18, 1991, 105 Stat. 1975; Pub. L. 104–59, title III, §310(b), Nov. 28, 1995, 109 Stat. 582; Pub. L. 105–178, title I, §1202(a), June 9, 1998, 112 Stat. 168; Pub. L. 109–59, title I, §1954, Aug. 10, 2005, 119 Stat. 1515; Pub. L. 112–141, div. A, title I, §1104(c)(4), July 6, 2012, 126 Stat. 427; Pub. L. 114–94, div. A, title I, §1446(a)(13), Dec. 4, 2015, 129 Stat. 1438; Pub. L. 117–58, div. A, title I, §§11133, 11525(p), Nov. 15, 2021, 135 Stat. 514, 608.)

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 117–58, §11133(1), substituted "pedestrian walkways and bicycle and shared micromobility" for "pedestrian walkways and bicycle" and "safe access for bicyclists and pedestrians" for "safe bicycle use".

Subsec. (d). Pub. L. 117–58, §§11133(2), 11525(p), substituted "104(b)(4)" for "104(b)(3)" and "up to 2 positions" for "a position".

Subsec. (e). Pub. L. 117–58, §11133(3), substituted "pedestrians or bicyclists" for "bicycles" in two places.

Subsec. (f). Pub. L. 117–58, §11133(4), substituted "or a bicycle or shared micromobility" for "and a bicycle".

Subsec. (j)(2). Pub. L. 117–58, §11133(5), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "The term 'electric bicycle' means any bicycle or tricycle with a low-powered electric motor weighing under 100 pounds, with a top motor-powered speed not in excess of 20 miles per hour."

2015—Subsec. (a). Pub. L. 114–94 substituted "104(b)(4)" for "104(b)(3)".

2012—Subsec. (b). Pub. L. 112–141 substituted "National Highway Performance Program" for "National Highway System" in heading.

2005—Subsec. (c). Pub. L. 109–59 struck out "in conjunction with such trails, roads, highways, and parkways" before period at end.

1998—Subsec. (b). Pub. L. 105–178, §1202(a)(1), inserted "pedestrian walkways and" after "construction of" and struck out "(other than the Interstate System)" after "on the National Highway System".

Subsec. (e). Pub. L. 105–178, §1202(a)(2), struck out ", other than a highway access to which is fully controlled," after "located on a highway".

Subsec. (g). Pub. L. 105–178, §1202(a)(3), added subsec. (g) and struck out heading and text of former subsec. (g). Text read as follows: "Pedestrian walkways and bicycle transportation facilities to be constructed under this section shall be located and designed pursuant to an overall plan to be developed by each metropolitan planning organization and State and incorporated into their comprehensive annual long-range plans in accordance with sections 134 and 135 of this title, respectively. Such plans shall provide due consideration for safety and contiguous routes."

Subsec. (h). Pub. L. 105–178, §1202(a)(4), substituted "Motorized vehicles may not" for "No motorized vehicles shall" in introductory provisions.

Subsec. (h)(3). Pub. L. 105–178, §1202(a)(5), substituted "motorized wheelchairs;" for "when State and local regulations permit, motorized wheelchairs; and".

Subsec. (h)(4), (5). Pub. L. 105–178, §1202(a)(6), added par. (4) and redesignated former par. (4) as (5).

Subsec. (j). Pub. L. 105–178, §1202(a)(7), added subsec. (j) and struck out heading and text of former subsec. (j). Text read as follows: "For purposes of this section, a 'bicycle transportation facility' means new or improved lanes, paths, or shoulders for use by bicyclists, traffic control devices, shelters, and parking facilities for bicycles."

1995—Subsec. (f). Pub. L. 104–59 substituted "determined in accordance with section 120(b)" for "80 percent".

1991—Pub. L. 102–240 substituted "walkways" for "walkway" in section catchline and amended text generally, substituting present provisions for provisions authorizing States to construct pedestrian walkways and bicycle lanes, paths, etc., as Federal-aid highway projects, relating to safe accommodation of bicycles on bridge with deck replaced or rehabilitated with Federal participation, prohibiting bicycle project under this section unless principally for transportation purposes, deeming walkway and bicycle projects as highway projects and setting Federal share at 100 per centum, allowing use of funds authorized for forest highways, forest development roads and trails, etc., for construction of walkways and bicycle routes, prohibiting use of motor vehicles on trails and walkways, and relating to obligation of funds.

1987—Subsec. (b)(1). Pub. L. 100–17 inserted "and sums apportioned or allocated for highway substitute projects in accordance with section 103(e)(4) of this title" after "title" in second sentence.

1983—Subsec. (a). Pub. L. 97–424 designated as subsec. (a) that portion of former subsec. (a) relating to pedestrian walkways. Remainder of former subsec. (a) relating to bicycles was redesignated (b)(1).

Subsec. (b). Pub. L. 97–424 redesignated as par. (1) that portion of former subsec. (a) relating to bicycles and added pars. (2) and (3). Provisions of former subsec. (b) relating to pedestrian walkways and bicycles projects were redesignated (c) and (d), respectively.

Subsec. (c). Pub. L. 97–424 redesignated as subsec. (c) that portion of former subsec. (b) relating to pedestrian walkways. Provisions of former subsec. (c) relating to pedestrian walkways and to bicycle routes were redesignated (e) and (f), respectively.

Subsec. (d). Pub. L. 97–424 redesignated as subsec. (d) that portion of former subsec. (b) relating to bicycle projects. Former subsec. (d) redesignated (g).

Subsec. (e). Pub. L. 97–424 redesignated as subsec. (e) that portion of former subsec. (c) relating to pedestrian walkways. Former subsec. (e) redesignated (h) and amended.

Subsec. (f). Pub. L. 97–424 redesignated as subsec. (f) that portion of former subsec. (c) relating to bicycle routes.

Subsec. (g). Pub. L. 97–424 redesignated former subsec. (d) as (g).

Subsec. (h). Pub. L. 97–424 redesignated former subsec. (e) as (h), substituted reference to subsecs. (a), (b), (e), and (f) of this section for reference to former subsecs. (a) and (c), and substituted provision that no State shall obligate more than $4,500,000 for such projects in any fiscal year, except that the Secretary may, upon application, waive this limitation for a State for any fiscal year for provision that no State was to obligate more than $2,500,000 for such projects for any fiscal year.

1978—Subsec. (a). Pub. L. 95–599 inserted provision relating to energy conservation and struck out requirement that such construction be in conjunction with Federal-aid highways.

1976—Subsec. (e). Pub. L. 94–280 substituted "$45,000,000" for "$40,000,000" and "$2,500,000" for "$2,000,000".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment 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.

Active Transportation Infrastructure Investment Program

Pub. L. 117–58, div. A, title I, §11529, Nov. 15, 2021, 135 Stat. 612, provided that:

"(a) In General.—Subject to the availability of appropriations, the Secretary [of Transportation] shall carry out an active transportation infrastructure investment program to make grants, on a competitive basis, to eligible organizations to construct eligible projects to provide safe and connected active transportation facilities in an active transportation network or active transportation spine.

"(b) Application.—

"(1) In general.—To be eligible to receive a grant under this section, an eligible organization shall submit to the Secretary an application in such manner and containing such information as the Secretary may require.

"(2) Eligible projects partially on federal land.—With respect to an application for an eligible project that is located in part on Federal land, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to submit an application described in paragraph (1).

"(c) Application Considerations.—In making a grant for construction of an active transportation network or active transportation spine under this section, the Secretary shall consider the following:

"(1) Whether the eligible organization submitted a plan for an eligible project for the development of walking and bicycling infrastructure that is likely to provide substantial additional opportunities for walking and bicycling, including effective plans—

"(A) to create an active transportation network connecting destinations within or between communities, including schools, workplaces, residences, businesses, recreation areas, and other community areas, or create an active transportation spine connecting two or more communities, metropolitan regions, or States; and

"(B) to integrate active transportation facilities with transit services, where available, to improve access to public transportation.

"(2) Whether the eligible organization demonstrates broad community support through—

"(A) the use of public input in the development of transportation plans; and

"(B) the commitment of community leaders to the success and timely implementation of an eligible project.

"(3) Whether the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling.

"(4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (f)(1), unless the applicant qualifies for an exception under subsection (f)(2).

"(5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to jobs and services for low-income communities and disadvantaged communities.

"(6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to jobs and key destinations, economic competitiveness, environmental protection, and quality of life.

"(d) Use of Funds.—

"(1) In general.—Of the amounts made available to carry out this section and subject to paragraphs (2) and (3), the Secretary shall obligate—

"(A) not less than 30 percent to eligible projects that construct active transportation networks that connect people with public transportation, businesses, workplaces, schools, residences, recreation areas, and other community activity centers; and

"(B) not less than 30 percent to eligible projects that construct active transportation spines.

"(2) Planning and design grants.—Each fiscal year, the Secretary shall set aside not less than $3,000,000 of the funds made available to carry out this section to provide planning grants for eligible organizations to develop plans for active transportation networks and active transportation spines.

"(3) Administrative costs.—Each fiscal year, the Secretary shall set aside not more than $2,000,000 of the funds made available to carry out this section to cover the costs of administration, research, technical assistance, communications, and training activities under the program.

"(4) Limitation on statutory construction.—Nothing in this subsection prohibits an eligible organization from receiving research or other funds under title 23 or 49, United States Code.

"(e) Grant Timing.—

"(1) Request for application.—Not later than 30 days after funds are made available to carry out this section for a fiscal year, the Secretary shall publish in the Federal Register a request for applications for grants under this section for that fiscal year.

"(2) Selection of grant recipients.—Not later than 150 days after funds are made available to carry out this section for a fiscal year, the Secretary shall select grant recipients of grants under this section for that fiscal year.

"(f) Federal Share.—

"(1) In general.—Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out using a grant under this section shall not exceed 80 percent of the total project cost.

"(2) Exception for disadvantaged communities.—For eligible projects serving communities with a poverty rate of over 40 percent based on the majority of census tracts served by the eligible project, the Secretary may increase the Federal share of the cost of the eligible project up to 100 percent of the total project cost.

"(g) Assistance to Indian Tribes.—In carrying out this section, the Secretary may enter into grant agreements, self-determination contracts, and self-governance compacts under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) with Indian tribes that are eligible organizations, and such agreements, contracts, and compacts shall be administered in accordance with that Act.

"(h) Reports.—

"(1) Interim report.—Not later than September 30, 2024, the Secretary shall submit to Congress a report containing the information described in paragraph (3).

"(2) Final report.—Not later than September 30, 2026, the Secretary shall submit to Congress a report containing the information described in paragraph (3).

"(3) Report information.—A report submitted under this subsection shall contain the following, with respect to the period covered by the applicable report:

"(A) A list of grants made under this section.

"(B) Best practices of eligible organizations that receive grants under this section in implementing eligible projects.

"(C) Impediments experienced by eligible organizations that receive grants under this section in developing and shifting to active transportation.

"(i) Rule Required.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall issue a final rule that encourages the use of the programmatic categorical exclusion, expedited procurement techniques, and other best practices to facilitate productive and timely expenditures for eligible projects that are small, low-impact, and constructed within an existing built environment.

"(j) Authorization of Appropriations.—

"(1) In general.—There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026.

"(2) Availability.—The amounts made available to carry out this section shall remain available until expended.

"(k) Treatment of Projects.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code.

"(l) Definitions.—In this section:

"(1) Active transportation.—The term 'active transportation' means mobility options powered primarily by human energy, including bicycling and walking.

"(2) Active transportation network.—The term 'active transportation network' means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect between destinations within a community or metropolitan region.

"(3) Active transportation spine.—The term 'active transportation spine' means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails that connect between communities, metropolitan regions, or States.

"(4) Community.—The term 'community' means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions.

"(5) Eligible organization.—The term 'eligible organization' means—

"(A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council;

"(B) a multicounty special district;

"(C) a State;

"(D) a multistate group of governments; or

"(E) an Indian tribe.

"(6) Eligible project.—The term 'eligible project' means an active transportation project or group of projects—

"(A) within or between a community or group of communities, at least one of which falls within the jurisdiction of an eligible organization, which has submitted an application under this section; and

"(B) that has—

"(i) a total cost of not less than $15,000,000; or

"(ii) with respect to planning and design grants, planning and design costs of not less than $100,000.

"(7) Indian tribe.—The term 'Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

"(8) Total project cost.—The term 'total project cost' means the sum total of all costs incurred in the development of an eligible project that are approved by the Secretary as reasonable and necessary, including—

"(A) the cost of acquiring real property;

"(B) the cost of site preparation, demolition, and development;

"(C) expenses related to the issuance of bonds or notes;

"(D) fees in connection with the planning, execution, and financing of the eligible project;

"(E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessments;

"(F) the cost of construction, rehabilitation, reconstruction, and equipping the eligible project;

"(G) the cost of land improvements;

"(H) contractor fees;

"(I) the cost of training and education related to the safety of users of any bicycle or pedestrian network or spine constructed as part of an eligible project; and

"(J) any other cost that the Secretary determines is necessary and reasonable."

Nonmotorized Transportation Pilot Program

Pub. L. 109–59, title I, §1807, Aug. 10, 2005, 119 Stat. 1460, as amended by Pub. L. 110–244, title I, §106, June 6, 2008, 122 Stat. 1602, provided that:

"(a) Establishment.—The Secretary [of Transportation] shall establish and carry out a nonmotorized transportation pilot program to construct, in the following 4 communities selected by the Secretary, a network of nonmotorized transportation infrastructure facilities, including sidewalks, bicycle lanes, and pedestrian and bicycle trails, that connect directly with transit stations, schools, residences, businesses, recreation areas, and other community activity centers:

"(1) Columbia, Missouri.

"(2) Marin County, California.

"(3) Minneapolis, Minnesota.

"(4) Sheboygan County, Wisconsin.

"(b) Purpose.—The purpose of the program shall be to demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within selected communities.

"(c) Grants.—In carrying out the program, the Secretary [of Transportation] may make a grant of $6,250,000 per fiscal year for each of the communities set forth in subsection (a) to State, local, and regional agencies that the Secretary determines are suitably equipped and organized to carry out the objectives and requirements of this section. An agency that receives a grant under this section may suballocate grant funds to a nonprofit organization to carry out the program under this section.

"(d) Statistical Information.—In carrying out the program, the Secretary [of Transportation] shall develop statistical information on changes in motor vehicle, nonmotorized transportation, and public transportation usage in communities participating in the program and assess how such changes decrease congestion and energy usage, increase the frequency of bicycling and walking, and promote better health and a cleaner environment.

"(e) Reports.—The Secretary [of Transportation] shall submit to Congress an interim report not later than September 30, 2007, and a final report not later than September 30, 2010, on the results of the program.

"(f) Funding.—

"(1) Authorization of appropriations.—There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $25,000,000 for each of fiscal years 2006 through 2009.

"(2) Contract authority.—Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of the project shall be 100 percent, and the funds shall remain available until expended and shall not be transferable.

"(g) Treatment of Projects.—Notwithstanding any other provision of law, projects assisted under this subsection shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code."

Design Guidance

Pub. L. 105–178, title I, §1202(b), June 9, 1998, 112 Stat. 169, provided that:

"(1) In general.—In implementing section 217(g) of title 23, United States Code, the Secretary, in cooperation with the American Association of State Highway and Transportation Officials, the Institute of Transportation Engineers, and other interested organizations, shall develop guidance on the various approaches to accommodating bicycles and pedestrian travel.

"(2) Issues to be addressed.—The guidance shall address issues such as the level and nature of the demand, volume, and speed of motor vehicle traffic, safety, terrain, cost, and sight distance.

"(3) Recommendations.—The guidance shall include recommendations on amending and updating the policies of the American Association of State Highway and Transportation Officials relating to highway and street design standards to accommodate bicyclists and pedestrians.

"(4) Time period for development.—The guidance shall be developed within 18 months after the date of enactment of this Act [June 9, 1998]."

Energy Conservation Bicycle Transportation Program; Report

Pub. L. 95–619, title VI, §682, Nov. 9, 1978, 92 Stat. 3287, set forth findings respecting an energy conservation bicycle transportation program and required a study and report not more than one year after Nov. 9, 1978, by the Secretary of Transportation for bicycle use potential, etc.

Bikeway Construction Projects

Pub. L. 95–599, title I, §141(a)–(e), (i), Nov. 6, 1978, 92 Stat. 2711, 2712, related to establishment by Secretary of design and construction standards for bikeway construction projects and to grants to States for bikeway construction projects, prior to repeal by Pub. L. 100–17, title I, §133(e)(2), Apr. 2, 1987, 101 Stat. 173.

Bikeway Demonstration Program

Pub. L. 93–643, §119, Jan. 4, 1975, 88 Stat. 2288, authorized grants to States for demonstration projects for construction of bikeways, prior to repeal by Pub. L. 100–17, title I, §133(e)(2), Apr. 2, 1987, 101 Stat. 173.
23 U.S.C. § 164 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 164: Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence
Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence
Status: in_force

(a) Definitions.—In this section, the following definitions apply:

(1) 24-7 sobriety program.—The term "24-7 sobriety program" has the meaning given the term in section 405(d)(7)(A).

(2) Alcohol concentration.—The term "alcohol concentration" means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

(3) Driving while intoxicated; driving under the influence.—The terms "driving while intoxicated" and "driving under the influence" mean driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State.

(4) Motor vehicle.—The term "motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle.

(5) Repeat intoxicated driver law.—The term "repeat intoxicated driver law" means a State law or combination of laws or programs that provides, as a minimum penalty, that an individual convicted of a second or subsequent offense for driving while intoxicated or driving under the influence after a previous conviction for that offense shall—

(A) receive, for a period of not less than 1 year—

(i) a suspension of all driving privileges;

(ii) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception applies;

(iii) a restriction on driving privileges that limits the individual to operating motor vehicles only if participating in, and complying with, a 24-7 sobriety program; or

(iv) any combination of clauses (i) through (iii);

(B) receive an assessment of the individual's degree of abuse of alcohol and treatment as appropriate; and

(C) receive—

(i) in the case of the second offense—

(I) an assignment of not less than 30 days of community service; or

(II) not less than 5 days of imprisonment (unless the State certifies that the general practice is that such an individual will be incarcerated); and

(ii) in the case of the third or subsequent offense—

(I) an assignment of not less than 60 days of community service; or

(II) not less than 10 days of imprisonment (unless the State certifies that the general practice is that such an individual will receive 10 days of incarceration).

(6) Special exception.—The term "special exception" means an exception under a State alcohol-ignition interlock law for the following circumstances:

(A) The individual is required to operate an employer's motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual.

(B) The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.

(b) Transfer of Funds.—

(1) Fiscal years 2001 and 2002.—On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer an amount equal to 1½ percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) 1 to the apportionment of the State under section 402—

(A) to be used for alcohol- or multiple substance-impaired driving countermeasures; or

(B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated, driving while multiple substance-impaired, or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol- or multiple substance-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).

(2) Fiscal year 2022 and thereafter.—

(A) Reservation of funds.—

(i) In general.—On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3).

(ii) States described.—A State referred to in clause (i) is a State—

(I) that has not enacted or is not enforcing a repeat intoxicated driver law; and

(II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing a repeat intoxicated driver law.

(B) Transfer of funds.—As soon as practicable after the date of receipt of a certification from a State under subparagraph (A)(i), the Secretary shall—

(i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and

(ii) release the reserved funds identified by the State as described in paragraph (3).

(3) Use for highway safety improvement program.—

(A) In general.—A State may elect to use all or a portion of the funds reserved under paragraph (2) for activities eligible under section 148.

(B) State departments of transportation.—If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.

(4) Federal share.—The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent.

(5) Derivation of amount to be transferred.—The amount to be transferred or released under paragraph (2) may be derived from the following:

(A) The apportionment of the State under section 104(b)(1).

(B) The apportionment of the State under section 104(b)(2).

(6) Transfer of obligation authority.—

(A) In general.—If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402.

(B) Amount.—The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying—

(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by

(ii) the ratio that—

(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to

(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year.

(7) Limitation on applicability of obligation limitation.—Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.

(Added Pub. L. 105–178, title I, §1406(a), as added Pub. L. 105–206, title IX, §9005(a), July 22, 1998, 112 Stat. 845; amended Pub. L. 109–59, title I, §1401(a)(3)(C), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 110–244, title I, §115, June 6, 2008, 122 Stat. 1606; Pub. L. 112–141, div. A, title I, §1403, July 6, 2012, 126 Stat. 556; Pub. L. 114–94, div. A, title I, §§1414, 1446(a)(10), Dec. 4, 2015, 129 Stat. 1420, 1437; Pub. L. 117–58, div. A, title I, §11131(b), div. B, title IV, §24107, Nov. 15, 2021, 135 Stat. 510, 807.)

Editorial Notes

References in Text

Section 104, referred to in subsec. (b)(1), was amended generally by Pub. L. 112–141, div. A, title I, §1105(a), July 6, 2012, 126 Stat. 427. Other references to section 104 in this section were added concurrent with or subsequent to the general amendment of that section.

Amendments

2021—Subsec. (b)(1)(A). Pub. L. 117–58, §24107(1), substituted "alcohol- or multiple substance-impaired" for "alcohol-impaired".

Subsec. (b)(1)(B). Pub. L. 117–58, §24107(2), substituted "intoxicated, driving while multiple substance-impaired, or driving" for "intoxicated or driving" and "alcohol- or multiple substance-impaired" for "alcohol-impaired".

Subsec. (b)(2). Pub. L. 117–58, §11131(b)(1), substituted "2022" for "2012" in heading.

Subsec. (b)(2)(A). Pub. L. 117–58, §11131(b)(2), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "On October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the States will use those reserved funds among the uses authorized under subparagraphs (A) and (B) of paragraph (1), and paragraph (3)."

Subsec. (b)(2)(B). Pub. L. 117–58, §11131(b)(3), substituted "subparagraph (A)(i)" for "subparagraph (A)" in introductory provisions.

2015—Subsec. (a)(1) to (4). Pub. L. 114–94, §1414(1), (2), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 114–94, §1414(1), (3)(A), redesignated par. (4) as (5) and inserted "or combination of laws or programs" after "State law" in introductory provisions.

Subsec. (a)(5)(A). Pub. L. 114–94, §1414(3)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "receive—

"(i) a suspension of all driving privileges for not less than 1 year; or

"(ii) a suspension of unlimited driving privileges for 1 year, allowing for the reinstatement of limited driving privileges subject to restrictions and limited exemptions as established by State law, if an ignition interlock device is installed for not less than 1 year on each of the motor vehicles owned or operated, or both, by the individual;".

Subsec. (a)(5)(B). Pub. L. 114–94, §1414(3)(C), (D), redesignated subpar. (C) as (B) and struck out former subpar. (B), which read as follows: "be subject to the impoundment or immobilization of, or the installation of an ignition interlock system on, each motor vehicle owned or operated, or both, by the individual;".

Subsec. (a)(5)(C). Pub. L. 114–94, §1414(3)(D), redesignated subpar. (D) as (C). Former subpar. (C) redesignated (B).

Subsec. (a)(5)(C)(i)(II). Pub. L. 114–94, §1414(3)(E)(i), inserted before semicolon "(unless the State certifies that the general practice is that such an individual will be incarcerated)".

Subsec. (a)(5)(C)(ii)(II). Pub. L. 114–94, §1414(3)(E)(ii), inserted before period at end "(unless the State certifies that the general practice is that such an individual will receive 10 days of incarceration)".

Subsec. (a)(6). Pub. L. 114–94, §1414(4), added par. (6).

Subsec. (b)(3)(A). Pub. L. 114–94, §1446(a)(10)(A), substituted "reserved" for "transferred".

Subsec. (b)(5). Pub. L. 114–94, §1446(a)(10)(B), inserted "or released" after "transferred" in introductory provisions.

2012—Subsec. (a)(3). Pub. L. 112–141, §1403(a)(1), (2), redesignated par. (4) as (3) and struck out former par. (3) which defined "license suspension".

Subsec. (a)(4). Pub. L. 112–141, §1403(a)(2), (3), redesignated par. (5) as (4), added subpar. (A), and struck out former subpar. (A) which read as follows: "receive—

"(i) a driver's license suspension for not less than 1 year; or

"(ii) a combination of suspension of all driving privileges for the first 45 days of the suspension period followed by a reinstatement of limited driving privileges for the purpose of getting to and from work, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual;".

Former par. (4) redesignated (3).

Subsec. (a)(5). Pub. L. 112–141, §1403(a)(2), redesignated par. (5) as (4).

Subsec. (b)(2). Pub. L. 112–141, §1403(b)(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "On October 1, 2002, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used or directed as described in subparagraph (A) or (B) of paragraph (1)."

Subsec. (b)(3). Pub. L. 112–141, §1403(b)(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "A State may elect to use all or a portion of the funds transferred under paragraph (1) or (2) for activities eligible under section 148."

Subsec. (b)(5). Pub. L. 112–141, §1403(b)(3), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: "The amount to be transferred under paragraph (1) or (2) may be derived from one or more of the following:

"(A) The apportionment of the State under section 104(b)(1).

"(B) The apportionment of the State under section 104(b)(3).

"(C) The apportionment of the State under section 104(b)(4)."

2008—Subsec. (a)(5)(A), (B). Pub. L. 110–244 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

"(A) receive a driver's license suspension for not less than 1 year;

"(B) be subject to the impoundment or immobilization of each of the individual's motor vehicles or the installation of an ignition interlock system on each of the motor vehicles;".

2005—Subsec. (b)(3). Pub. L. 109–59 substituted "148" for "152".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 11131(b) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment

Pub. L. 114–94, div. A, title IV, §4015, Dec. 4, 2015, 129 Stat. 1513, provided that: "Notwithstanding any other provision of this Act [div. A of Pub. L. 114–94, see Tables for classification], except for the technical corrections in section 4014 [amending sections 402, 403, and 405 of this title], the amendments made by this Act to sections 164, 402, and 405 of title 23, United States Code, shall be effective on October 1, 2016."

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Effective Date

Section effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an Effective Date of 1998 Amendment note under section 101 of this title.

1 See References in Text note below.
23 U.S.C. § 147 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 147: Construction of ferry boats and ferry terminal facilities
Construction of ferry boats and ferry terminal facilities
Status: in_force

(a) Program.—The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance with section 129(c).

(b) Federal Share.—The Federal share of the cost of construction of ferry boats, ferry terminals, and ferry maintenance facilities under this section shall be 80 percent.

(c) Distribution of Funds.—Of the amounts made available to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the formula set forth in subsection (d).

(d) Formula.—Of the amounts allocated under subsection (c)—

(1) 35 percent shall be allocated among eligible entities in the proportion that—

(A) the number of ferry passengers, including passengers in vehicles, carried by each ferry system in the most recent calendar year for which data is available; bears to

(B) the number of ferry passengers, including passengers in vehicles, carried by all ferry systems in the most recent calendar year for which data is available;

(2) 35 percent shall be allocated among eligible entities in the proportion that—

(A) the number of vehicles carried by each ferry system in the most recent calendar year for which data is available; bears to

(B) the number of vehicles carried by all ferry systems in the most recent calendar year for which data is available; and

(3) 30 percent shall be allocated among eligible entities in the proportion that—

(A) the total route nautical miles serviced by each ferry system in the most recent calendar year for which data is available; bears to

(B) the total route nautical miles serviced by all ferry systems in the most recent calendar year for which data is available.

(e) Redistribution of Unobligated Amounts.—The Secretary shall—

(1) withdraw amounts allocated to an eligible entity under subsection (c) that remain unobligated by the end of the third fiscal year following the fiscal year for which the amounts were allocated; and

(2) in the subsequent fiscal year, redistribute the amounts referred to in paragraph (1) in accordance with the formula under subsection (d) among eligible entities for which no amounts were withdrawn under paragraph (1).

(f) Minimum Amount.—Notwithstanding subsection (c), a State with an eligible entity that meets the requirements of this section shall receive not less than $100,000 under this section for a fiscal year.

(g) Implementation.—

(1) Data collection.—

(A) National ferry database.—Amounts made available for a fiscal year under this section shall be allocated using the most recent data available, as collected and imputed in accordance with the national ferry database established under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note).

(B) Eligibility for funding.—To be eligible to receive funds under subsection (c), data shall have been submitted in the most recent collection of data for the national ferry database under section 1801(e) of SAFETEA–LU (23 U.S.C. 129 note) for at least 1 ferry service within the State.

(2) Adjustments.—On review of the data submitted under paragraph (1)(B), the Secretary may make adjustments to the data as the Secretary determines necessary to correct misreported or inconsistent data.

(h) Authorization of Appropriations.—There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section—

(1) $110,000,000 for fiscal year 2022;

(2) $112,000,000 for fiscal year 2023;

(3) $114,000,000 for fiscal year 2024;

(4) $116,000,000 for fiscal year 2025; and

(5) $118,000,000 for fiscal year 2026.

(i) Period of Availability.—Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended.

(j) Applicability.—All provisions of this chapter that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.

(k) Additional Uses.—Notwithstanding any other provision of law, in addition to other uses of funds under this section, an eligible entity may use amounts made available under this section to pay the operating costs of the eligible entity.

(Added Pub. L. 93–87, title I, §126(a), Aug. 13, 1973, 87 Stat. 263; amended Pub. L. 94–280, title I, §130, May 5, 1976, 90 Stat. 440; Pub. L. 105–178, title I, §1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, §1801(a), Aug. 10, 2005, 119 Stat. 1455; Pub. L. 112–141, div. A, title I, §1121(a), July 6, 2012, 126 Stat. 493; Pub. L. 114–94, div. A, title I, §1112(a), Dec. 4, 2015, 129 Stat. 1345; Pub. L. 117–58, div. A, title I, §11121, div. G, title XI, §71103(g)(1), Nov. 15, 2021, 135 Stat. 497, 1326.)

Editorial Notes

Amendments

2021—Subsec. (h). Pub. L. 117–58, §11121, added subsec. (h) and struck out former subsec. (h). Prior to amendment, text read as follows: "There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $80,000,000 for each of fiscal years 2016 through 2020."

Subsec. (k). Pub. L. 117–58, §71103(g)(1), added subsec. (k).

2015—Subsec. (a). Pub. L. 114–94, §1112(a)(1), substituted "Program" for "In General" in heading.

Subsecs. (d) to (j). Pub. L. 114–94, §1112(a)(2), added subsecs. (d) to (j) and struck out former subsecs. (d) to (g) which related to formula for determining allocation amounts, authorization of appropriations, period of availability of funds, and applicability of chapter, respectively.

2012—Subsecs. (c) to (g). Pub. L. 112–141 added subsecs. (c) to (e), redesignated former subsecs. (e) and (f) as (f) and (g), respectively, and struck out former subsecs. (c) and (d) which related to allocation of funds and set-aside for projects on National Highway System, respectively.

2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to program for construction of ferry boats and ferry terminal facilities for provisions relating to selection of high traffic sections of highways as priority primary routes for priority of improvement to supplement the service provided by the Interstate System by furnishing needed adequate traffic collector and distributor facilities.

1998—Subsec. (a). Pub. L. 105–178 substituted "State transportation department" for "State highway department".

1976—Subsec. (b). Pub. L. 94–280 amended subsec. (b) generally, striking out apportionment provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 11121 of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Diesel Fuel Ferry Vessels

Pub. L. 117–58, div. A, title I, §11117(b), Nov. 15, 2021, 135 Stat. 483, provided that:

"(1) In general.—Notwithstanding section 147(b) [probably means section 147(b) of title 23, United States Code], in the case of a project to replace or retrofit a diesel fuel ferry vessel that provides substantial emissions reductions, the Federal share of the cost of the project may be up to 85 percent, as determined by the State.

"(2) Sunset.—The authority provided by paragraph (1) shall terminate on September 30, 2025."

Electric or Low-Emitting Ferry Pilot Program

Pub. L. 117–58, div. G, title XI, §71102, Nov. 15, 2021, 135 Stat. 1325, provided that:

"(a) Definitions.—In this section:

"(1) Alternative fuel.—The term 'alternative fuel' means—

"(A) methanol, denatured ethanol, and other alcohols;

"(B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels;

"(C) natural gas;

"(D) liquefied petroleum gas;

"(E) hydrogen;

"(F) fuels (except alcohol) derived from biological materials;

"(G) electricity (including electricity from solar energy); and

"(H) any other fuel the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits.

"(2) Electric or low-emitting ferry.—The term 'electric or low-emitting ferry' means a ferry that reduces emissions by utilizing alternative fuels or onboard energy storage systems and related charging infrastructure to reduce emissions or produce zero onboard emissions under normal operation.

"(3) Secretary.—The term 'Secretary' means the Secretary of Transportation.

"(b) Establishment.—The Secretary shall carry out a pilot program to provide grants for the purchase of electric or low-emitting ferries and the electrification of or other reduction of emissions from existing ferries.

"(c) Requirement.—In carrying out the pilot program under this section, the Secretary shall ensure that—

"(1) not less than 1 grant under this section shall be for a ferry service that serves the State with the largest number of Marine Highway System miles; and

"(2) not less than 1 grant under this section shall be for a bi-State ferry service—

"(A) with an aging fleet; and

"(B) whose development of zero and low emission power source ferries will propose to advance the state of the technology toward increasing the range and capacity of zero emission power source ferries.

"(d) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 through 2026."

Ferry Service for Rural Communities

Pub. L. 117–58, div. G, title XI, §71103, Nov. 15, 2021, 135 Stat. 1326, provided that:

"(a) Definitions.—In this section:

"(1) Basic essential ferry service.—The term 'basic essential ferry service' means scheduled ferry transportation service.

"(2) Eligible service.—The term 'eligible service' means a ferry service that—

"(A) operated a regular schedule at any time during the 5-year period ending on March 1, 2020; and

"(B) served not less than 2 rural areas located more than 50 sailing miles apart.

"(3) Rural area.—The term 'rural area' has the meaning given the term in section 5302 of title 49, United States Code.

"(4) Secretary.—The term 'Secretary' means the Secretary of Transportation.

"(b) Establishment.—The Secretary shall establish a program to ensure that basic essential ferry service is provided to rural areas by providing funds to States to provide such basic essential ferry service.

"(c) Program Criteria.—The Secretary shall establish requirements and criteria for participation in the program under this section, including requirements for the provision of funds to States.

"(d) Waivers.—The Secretary shall establish criteria for the waiver of any requirement under this section.

"(e) Treatment.—

"(1) Not attributable to urbanized areas.—An eligible service that receives funds from a State under this section shall not be attributed to an urbanized area for purposes of apportioning funds under chapter 53 of title 49, United States Code.

"(2) No receipt of certain apportioned funds.—An eligible service that receives funds from a State under this section shall not receive funds apportioned under section 5336 or 5337 of title 49, United States Code, in the same fiscal year.

"(f) Funding.—There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026.

"(g) Operating Costs.—

"(1) [Amended this section.]

"(2) [Amended section 218 of this title.]"

Authorization of Appropriations

Pub. L. 109–59, title I, §1801(d), Aug. 10, 2005, 119 Stat. 1456, provided that: "In addition to amounts made available to carry out section 147 of title 23, United States Code, by section 1101 of this Act [119 Stat. 1153], there are authorized to be appropriated such sums as may be necessary to carry out such section 147 for fiscal year 2006 and each fiscal year thereafter. Such funds shall remain available until expended."
23 U.S.C. § 152 (2024) — Title 23: HIGHWAYS / Chapter 1: FEDERAL-AID HIGHWAYS / Section 152: Hazard elimination program
Hazard elimination program
Status: in_force

(a) In General.—

(1) Program.—Each State shall conduct and systematically maintain an engineering survey of all public roads to identify hazardous locations, sections, and elements, including roadside obstacles and unmarked or poorly marked roads, which may constitute a danger to motorists, bicyclists, and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement.

(2) Hazards.—In carrying out paragraph (1), a State may, at its discretion—

(A) identify, through a survey, hazards to motorists, bicyclists, pedestrians, and users of highway facilities; and

(B) develop and implement projects and programs to address the hazards.

(b) The Secretary may approve as a project under this section any safety improvement project, including a project described in subsection (a).

(c) Funds authorized to carry out this section shall be available for expenditure on—

(1) any public road;

(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or

(3) any traffic calming measure.

(d) The Federal share payable on account of any project under this section shall be 90 percent of the cost thereof.

(e) Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under section 104(b), except that the Secretary is authorized to waive provisions he deems inconsistent with the purposes of this section.

(f) Each State shall establish an evaluation process approved by the Secretary, to analyze and assess results achieved by safety improvement projects carried out in accordance with procedures and criteria established by this section. Such evaluation process shall develop cost-benefit data for various types of corrections and treatments which shall be used in setting priorities for safety improvement projects.

(g) Each State shall report to the Secretary of Transportation not later than December 30 of each year, on the progress being made to implement safety improvement projects for hazard elimination and the effectiveness of such improvements. Each State report shall contain an assessment of the cost of, and safety benefits derived from, the various means and methods used to mitigate or eliminate hazards and the previous and subsequent accident experience at these locations. The Secretary of Transportation shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than April 1 of each year on the progress being made by the States in implementing the hazard elimination program (including but not limited to any projects for pavement marking). The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, means and methods used, and the previous and subsequent accident experience at improved locations. In addition, the Secretary's report shall analyze and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a) and include recommendations for future implementation of the hazard elimination program.

(h) For the purposes of this section the term "State" shall have the meaning given it in section 401 of this title.

(Added Pub. L. 93–87, title II, §209(a), Aug. 13, 1973, 87 Stat. 286; amended Pub. L. 94–280, title I, §131, May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, §168(a), Nov. 6, 1978, 92 Stat. 2722; Pub. L. 96–106, §10(b), Nov. 9, 1979, 93 Stat. 798; Pub. L. 97–375, title II, §210(b), Dec. 21, 1982, 96 Stat. 1826; Pub. L. 97–424, title I, §125, Jan. 6, 1983, 96 Stat. 2113; Pub. L. 100–17, title I, §133(b)(12), Apr. 2, 1987, 101 Stat. 172; Pub. L. 104–59, title III, §325(c), Nov. 28, 1995, 109 Stat. 592; Pub. L. 105–178, title I, §1401, June 9, 1998, 112 Stat. 235.)

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–178, §1401(1), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, realigned margins, substituted "motorists, bicyclists, and pedestrians" for "motorists and pedestrians", and added par. (2).

Subsec. (b). Pub. L. 105–178, §1401(2), substituted "safety improvement project, including a project described in subsection (a)" for "highway safety improvement project".

Subsec. (c). Pub. L. 105–178, §1401(3), substituted "on—

"(1) any public road;

"(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or

"(3) any traffic calming measure" for "on any public road (other than a highway on the Interstate System)".

Subsec. (e). Pub. L. 105–178, §1401(4), struck out "apportioned to the States as provided in section 402(c) of this title. Such funds shall be" before "available for obligation" and substituted "section 104(b)" for "section 104(b)(1)".

Subsecs. (f), (g). Pub. L. 105–178, §1401(5), substituted "safety improvement projects" for "highway safety improvement projects" wherever appearing.

1995—Subsec. (g). Pub. L. 104–59 substituted "Committee on Transportation and Infrastructure" for "Committee on Public Works and Transportation".

1987—Subsec. (g). Pub. L. 100–17 substituted "the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives" for "the Congress".

1983—Subsec. (c). Pub. L. 97–424 substituted provision that funds authorized to carry out this section shall be available for expenditure on any public road (other than a highway on the Interstate System), for provision that funds authorized to carry out this section would be available solely for expenditure for projects on any Federal-aid system (other than the Interstate System) except in the Virgin Islands, Guam, and American Samoa.

1982—Subsec. (g). Pub. L. 97–375 inserted "(including but not limited to any projects for pavement marking)" after "implementing the hazard elimination program".

1979—Subsec. (g). Pub. L. 96–106 substituted "December 30" for "September 30" and "April 1" for "January 1".

1978—Subsec. (a). Pub. L. 95–599 substituted "public roads" for "highways" and inserted provisions relating to identification of hazardous sections and elements.

Subsec. (b). Pub. L. 95–599 substituted provisions relating to approval of highway safety improvement projects by the Secretary for provisions authorizing appropriations for fiscal years ending June 30, 1974 through June 30, 1976.

Subsec. (c). Pub. L. 95–599 reenacted subsec. (c) without substantive change.

Subsec. (d). Pub. L. 95–599 substituted provisions prescribing the Federal share payable on account of any project under this section for provisions relating to apportionment of funds made available under subsec. (b) to the States. See subsec. (e) of this section.

Subsec. (e). Pub. L. 95–599 substituted provisions relating to apportionment of funds to the States under this section for provisions relating to progress reports required of the States under this section. See subsec. (g).

Subsecs. (f) to (h). Pub. L. 95–599 added subsecs. (f) and (g) and redesignated former subsec. (f) as (h).

1976—Subsec. (f). Pub. L. 94–280 added subsec. (f).

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (g) of this section relating to the requirement that the Secretary of Transportation submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than April 1 of each year, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 135 of House Document No. 103–7.