Page 65 TITLE 23—HIGHWAYS § 116

Subsec. (c). Pub. L. 102–302, §103(5), struck out ‘‘152’’

after ‘‘144,’’.

Subsec. (d). Pub. L. 102–302, §103(6), added subsec. (d)

and struck out former subsec. (d) which read as follows:

‘‘LIMITATION ON ADVANCED FUNDING FOR FISCAL YEARS

1987–1990.—The Secretary may not approve an application of a State under this section with respect to a

project with funds apportioned, or currently authorized

to be apportioned, under section 103(e)(4)(H), 104, 130,

144, 152, or 307 if the amount of approved applications

with respect to such projects exceeds the total of unobligated funds apportioned or allocated to the State

under such section, plus such State’s expected apportionment under such section from existing authorizations plus an amount equal to such State’s expected apportionment under such section (other than section

104(b)(5)(A)) for one additional fiscal year. This subsection shall only be effective during the period beginning January 1, 1987, and ending September 30, 1990.’’

1987—Pub. L. 100–17, §113(d)(1)(A), substituted ‘‘Advance construction’’ for ‘‘Construction by States in advance of apportionment’’ in section catchline.

Subsec. (a). Pub. L. 100–17, §113(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as

follows:

‘‘(1) When a State has obligated all funds apportioned

or allocated to it under section 103(e)(4), 104, or 144 of

this title, other than Interstate funds, and proceeds to

construct any highway substitute, Federal-aid system,

or bridge project, respectively, other than an Interstate

project funded under section 104(b)(5) of this title, without the aid of Federal funds in accordance with all procedures and all requirements applicable to such a

project, except insofar as such procedures and requirements limit a State to the construction of projects

with the aid of Federal funds previously apportioned to

it, the Secretary, upon application by such State and

his approval of such application, is authorized to pay to

such State the Federal share of the costs of construction of such project when additional funds are apportioned to such State under section 103(e)(4), 104, or 144,

respectively, of this title if—

‘‘(A) prior to the construction of the project the

Secretary approves the plans and specifications

therefor in the same manner as other projects, and

‘‘(B) the project conforms to the applicable standards adopted under section 109 of this title.

‘‘(2) The Secretary may not approve an application

under this section unless an authorization for section

103(e)(4), 104, or 144 of this title, as the case may be, is

in effect for the fiscal year for which the application is

sought beyond the currently authorized funds for such

State. No application may be approved which will exceed the State’s expected apportionment of such authorizations.’’

Subsec. (b). Pub. L. 100–17, §113(b), inserted heading.

Subsec. (b)(1). Pub. L. 100–17, §113(b), amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

‘‘When a State proceeds to construct any project on the

Interstate System without the aid of Federal funds, as

that System may be designated at that time, in accordance with all procedures and all requirements applicable to projects on such System, except insofar as such

procedures and requirements limit a State to the construction of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon application by such State and his approval of such application,

is authorized to pay to such State the Federal share of

the cost of construction of such project when additional funds are apportioned to such State under section 104 of this title if—

‘‘(A) prior to the construction of the project the

Secretary approves the plans and specifications

therefor in the same manner as other projects on the

Interstate System, and

‘‘(B) the project conforms to the applicable standards under section 109 of this title.’’

Subsec. (b)(2), (3). Pub. L. 100–17, §113(d)(1)(B)–(D), inserted headings and aligned pars. (2) and (3) with par.

(1), as amended.

Subsec. (c). Pub. L. 100–17, §113(d)(1)(E), (F), inserted

heading and substituted ‘‘134, 144, 152, or 307’’ for ‘‘or

144’’.

Subsec. (d). Pub. L. 100–17, §113(c), added subsec. (d).

1983—Subsec. (a). Pub. L. 97–424, §113(c), designated

existing provisions as pars. (1) and (2) and designated

former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1); in par. (1) as so redesignated, substituted ‘‘When a State has obligated all funds appropriated or allocated to it under section 103(e)(4), 104, or

144 of this title, other than ‘‘interstate funds, and proceeds to construct any highway substitute, Federal-aid

system, or bridge project, respectively, other than an

Interstate project funded under section 104(b)(5) of this

title, without the aid of Federal funds in accordance

with all procedures and all requirements applicable to

such a project, except insofar as such procedures and

requirements limit a State to the construction of

projects with the aid of Federal funds previously apportioned to it, the Secretary, upon application by such

State and his approval of such application, is authorized to pay to such State the Federal share of the costs

of construction of such project when additional funds

are apportioned to such State under section 103(e)(4),

104, or 144, respectively, of this title if—’’, for ‘‘When a

State has obligated all funds for any of the Federal-aid

systems, other than the Interstate System, apportioned

to it under section 104 of this title, and proceeds to construct any project without the aid of Federal funds, including one or more parts of any project, on any of the

Federal-aid systems in such State, other than the

Interstate System, as any of those systems may be designated at that time, in accordance with all procedures

and all requirements applicable to projects on any such

system, except insofar as such procedures and requirements limit a State to the construction of projects

with the aid of Federal funds previously apportioned to

it, the Secretary, upon application by such State and

his approval of such application, is authorized to pay to

such State the Federal share of the costs of construction of such project when additional funds are apportioned to such State under section 104 of this title if—

’’; in subpar. (A) thereof struck out ‘‘on the Federal-aid

system involved’’ after ‘‘other projects’’; and in par. (2)

as so designated inserted ‘‘for section 103(e)(4), 104, or

144 of this title, as the case may be,’’ after ‘‘unless authorization’’, and made a new sentence of existing provisions, beginning with ‘‘No application’’.

Subsec. (b)(2). Pub. L. 97–424, §113(a), substituted

‘‘1983’’ for ‘‘1978’’ wherever appearing.

Subsec. (b)(3). Pub. L. 97–424, §113(b), added par. (3).

Subsec. (c). Pub. L. 97–424, §113(d), substituted ‘‘section 103(e)(4), 104, or 144’’ for ‘‘section 104’’ after ‘‘provisions of’’.

1979—Subsec. (b). Pub. L. 96–106 designated existing

provisions as par. (1) and cls. (1) and (2) thereof as subpars. (A) and (B) and added par. (2).

1975—Subsec. (a). Pub. L. 93–643, §111(a), substituted

‘‘other than the Interstate System’’ for ‘‘including the

Interstate System’’ in two places.

Subsecs. (b), (c). Pub. L. 93–643, §111(b), added subsec.

(b) and redesignated former subsec. (b) as (c).

1968—Subsec. (a). Pub. L. 90–495, §25(a), extended advance construction authority to all the Federal-aid

highway systems rather than just the Interstate System but provided that anticipation of future apportionments by States should only be permitted for those

years for which authorizations have been established

by law.

Subsec. (b). Pub. L. 90–495, §25(b), struck out reference to subsec. (b)(5) of section 104 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90–495 effective Aug. 23, 1968,

see section 37 of Pub. L. 90–495, set out as a note under

section 101 of this title.

§ 116. Maintenance

(a) It shall be the duty of the State highway

department to maintain, or cause to be main-
§ 117 TITLE 23—HIGHWAYS Page 66

tained, any project constructed under the provisions of this chapter or constructed under the

provisions of prior Acts. The State’s obligation

to the United States to maintain any such project shall cease when it no longer constitutes a

part of a Federal-aid system.

(b) In any State wherein the State highway department is without legal authority to maintain

a project constructed on the Federal-aid secondary system, or within a municipality, such highway department shall enter into a formal agreement for its maintenance with the appropriate

officials of the county or municipality in which

such project is located.

(c) If at any time the Secretary shall find that

any project constructed under the provisions of

this chapter or constructed under the provisions

of prior Acts, is not being properly maintained,

he shall call such fact to the attention of the

State highway department. If, within ninety

days after receipt of such notice, such project

has not been put in proper condition of maintenance, the Secretary shall withhold approval of

further projects of all types in the State highway district, municipality, county, other political or administrative subdivision of the State,

or the entire State in which such project is located, whichever the Secretary deems most appropriate, until such project shall have been put

in proper condition of maintenance.

(d) PREVENTIVE MAINTENANCE.—A preventive

maintenance activity shall be eligible for Federal assistance under this title if the State demonstrates to the satisfaction of the Secretary

that the activity is a cost-effective means of extending the useful life of a Federal-aid highway.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 896; Pub. L.

86–70, §21(d)(2), (e)(3), June 25, 1959, 73 Stat. 145,

146; Pub. L. 90–495, §26, Aug. 23, 1968, 82 Stat. 829;

Pub. L. 95–599, title I, §124(d), Nov. 6, 1978, 92

Stat. 2705; Pub. L. 97–424, title I, §114, Jan. 6,

1983, 96 Stat. 2107; Pub. L. 100–17, title I,

§125(b)(2), Apr. 2, 1987, 101 Stat. 167; Pub. L.

104–59, title III, §309, Nov. 28, 1995, 109 Stat. 582.)

AMENDMENTS

1995—Subsec. (d). Pub. L. 104–59 added subsec. (d).

1987—Subsecs. (d), (e). Pub. L. 100–17 struck out subsecs. (d) and (e) which read as follows:

‘‘(d) The Secretary in consultation with the State

highway departments and interested and knowledgeable private organizations and individuals shall as soon

as possible establish national bridge inspection standards in order to provide for the proper safety inspection

of bridges. Such standards shall specify in detail the

method by which inspections shall be conducted by the

State highway departments, the maximum time lapse

between inspections and the qualifications for those

charged with the responsibility for carrying out such

inspections. Each State shall be required to maintain

written reports to be available to the Secretary pursuant to such inspections together with a notation of the

action taken pursuant to the findings of such inspections. Each State shall be required to maintain a current inventory of all bridges.

‘‘(e) The Secretary shall establish in cooperation with

the State highway departments a program designed to

train appropriate employees of the Federal Government and the State governments to carry out bridge inspections. Such a program shall be revised from time to

time in light of new or improved techniques. For the

purposes of this section the Secretary may use funds

made available pursuant to the provisions of section

104(a) and section 307(a) of this title.’’

1983—Subsec. (c). Pub. L. 97–424 substituted ‘‘State

highway district, municipality, county, other political

or administrative subdivision of the State, or the entire State in which such project is located, whichever

the Secretary deems most appropriate,’’ for ‘‘entire

State’’ after ‘‘all types in the’’, and struck out exception for a situation where such project was subject to

an agreement pursuant to subsection (b) of this section,

in which case approval was to have been withheld only

for secondary or urban projects in the county or municipality where such project is located.

1978—Subsec. (d). Pub. L. 95–599 struck out provisions

limiting provisions of the subsection to the Federal-aid

system.

1968—Subsecs. (d), (e). Pub. L. 90–495 added subsecs.

(d) and (e).

1959—Subsec. (a). Pub. L. 86–70, §21(e)(3), substituted

‘‘It’’ for ‘‘Except as provided in subsection (d) of this

section, it’’.

Subsec. (d). Pub. L. 86–70, §21(d)(2), repealed subsec.

(d) which related to expenditure of funds apportioned to

the Territory of Alaska and contributed by the Territory for the maintenance of roads.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90–495 effective Aug. 23, 1968,

see section 37 of Pub. L. 90–495, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by section 21(d)(2) of Pub. L. 86–70 effective July 1, 1959, see section 21(d) of Pub. L. 86–70, set

out as a note under section 103 of this title.

Amendment by section 21(e)(3) of Pub. L. 86–70 effective July 1, 1959, see section 21(e) of Pub. L. 86–70, set

out as a note under section 101 of this title.

ESTABLISHMENT OF MINIMUM FEDERAL GUIDELINES FOR

MAINTENANCE; STUDY BY NATIONAL ACADEMY OF SCIENCES AND REPORT

Section 163 of Pub. L. 100–17 directed Secretary to

enter into appropriate arrangements with the National

Academy of Sciences to conduct a complete investigation of the appropriateness of establishing minimum

Federal guidelines for maintenance of the Federal-aid

primary, secondary, and urban systems and, not later

than 18 months after entering into appropriate arrangements, the National Academy of Sciences was to submit to Secretary and Congress a report on the results

of the investigation and study together with recommendations (including legislative and administrative

recommendations) concerning establishment of minimum Federal guidelines for maintenance of the Federal-aid primary, secondary, and urban systems.

§ 117. Certification acceptance

(a) The Secretary may discharge any of his responsibilities under this title relative to projects under this chapter, except projects on the

Interstate System, upon the request of any

State, by accepting a certification by the State

highway department, or that department, commission, board, or official of any State charged

by its laws with the responsibility for highway

or other transportation construction, of its performance of such responsibilities, if he finds

such projects will be carried out in accordance

with State laws, regulations, directives, and

standards which will accomplish the policies and

objectives contained in or issued pursuant to

this title.

(b) The Secretary may accept projects based

on inspections of a type and frequency necessary

to ensure the projects are completed in accordance with appropriate standards.

(c) The procedure authorized by this section

shall be an alternative to that otherwise pre-