§ 145 TITLE 23—HIGHWAYS Page 126

ary 1, 1970, and before the date of enactment of this Act

[Jan. 6, 1983], authorizes payment, in financing the relocation of an existing road, for the cost of construction of a two-lane bridge with a substructure and deck

truss capable of supporting a four-lane bridge, payment

for the cost of completing the construction of such

bridge as a four-lane bridge is authorized upon the completion of such substructure and deck truss.’’

DISCRETIONARY BRIDGE CRITERIA

Section 161 of Pub. L. 97–424, as amended by Pub. L.

100–17, title I, §123(h), Apr. 2, 1987, 101 Stat. 164, provided that: ‘‘The Secretary of Transportation shall develop a selection process for discretionary bridges authorized to be funded under section 144(g) of title 23,

United States Code, and shall propose and issue a final

regulation no later than six months after the date of

enactment of this Act [Jan. 6, 1983], including a formula resulting in a rating factor based on the following

criteria for such process. Such criteria shall give funding priority to those discretionary bridges already eligible under section 144(g) of title 23, United States

Code, including a bridge replacement of which was partially funded under the Supplemental Appropriations

Act, 1983 [Pub. L. 98–63] (97 Stat. 341). Eligible bridges

after the issuance of a final regulation shall only include those with a rating factor of one hundred or less,

based on a scale of zero to infinity. The criteria for

such additional bridges which the Secretary shall consider are:

‘‘(1) sufficiency rating computed as illustrated in

appendix A of the Recording and Coding Guide for the

Structure Inventory and Appraisal of the Nation’s

Bridges, USDOT/FHWA (latest edition);

‘‘(2) average daily traffic using the most current

value from the national bridge inventory data;

‘‘(3) average daily truck traffic;

‘‘(4) defense highway system status;

‘‘(5) the State’s unobligated balance of funds received under section 144 of title 23, United States

Code, and the total funds received under section 144

of title 23, United States Code;

‘‘(6) total project cost; and

‘‘(7) special consideration should be given to bridges

closed to all traffic or restricted to loads less than

ten tons. Other unique considerations and the need to

administer the program from a balanced national

perspective should also be considered.’’

TRANSFER OF DISCRETIONARY BRIDGE FUNDS

Section 8(b) of Pub. L. 96–106 provided for the transfer

of discretionary bridge funds authorized under subsec.

(g) of this section for fiscal year 1980 to a State’s apportionment under section 104(b)(6) of this title to repay

funds obligated under section 104(b)(6) between June 1

and July 31, 1979, for bridge projects which are eligible

for funding by virtue of the amendment of subsec. (g)

of this section by section 8(a) of Pub. L. 96–106.

TIME FOR COMPLETION OF INVENTORY AND

CLASSIFICATION OF HIGHWAY BRIDGES

Section 124(c) of Pub. L. 95–599 directed Secretary of

Transportation to complete the requirements of subsec.

(c) of this section, as amended by subsec. (a) of section

124 of Pub. L. 95–599, not later than the last day of the

second full calendar year which begins after Nov. 6,

1978.

ACCELERATION OF BRIDGE PROJECTS; OHIO RIVER

BRIDGE FUND REPROGRAMMING; REPORTS TO CONGRESS

Section 147 of Pub. L. 95–599, as amended by Pub. L.

96–106, §15, Nov. 19, 1979, 93 Stat. 798; Pub. L. 99–272,

title IV, §4105, Apr. 7, 1986, 100 Stat. 116, directed Secretary of Transportation to conduct two projects to

construct or replace high-traffic-volume bridges on the

Federal-aid highway system which span major bodies of

water in order to demonstrate the feasibility of reducing the time required to replace unsafe bridges; authorized funds for the projects; directed Secretary to report

to Congress within six months after the completion of

each project; redirected certain funds in excess of

amounts needed to complete the projects for use in further projects for construction of three state-of-the-art

Ohio River bridges linking designated cities in Kentucky and Ohio; and directed Secretary to report to

Congress within a year after the completion of these

bridges.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 115, 140, 151,

157, 204, 303, 307, 409 of this title; title 49 section 104.

§ 145. Federal-State relationship

The authorization of the appropriation of Federal funds or their availability for expenditure

under this chapter shall in no way infringe on

the sovereign rights of the States to determine

which projects shall be federally financed. The

provisions of this chapter provide for a federally

assisted State program.

(Added Pub. L. 93–87, title I, §123(a), Aug. 13,

1973, 87 Stat. 261.)

§ 146. Carpool and vanpool projects

(a) In order to conserve fuel, decrease traffic

congestion during rush hours, improve air quality, and enhance the use of existing highways

and parking facilities, the Secretary may approve for Federal financial assistance from

funds apportioned under sections 104(b)(1),

104(b)(2), and 104(b)(6) of this title, projects designed to encourage the use of carpools and vanpools. (As used hereafter in this section, the

term ‘‘carpool’’ includes a vanpool.) Such a project may include, but is not limited to, such

measures as providing carpooling opportunities

to the elderly and handicapped, systems for locating potential riders and informing them of

convenient carpool opportunities, acquiring vehicles appropriate for carpool use, designating

existing highway lanes as preferential carpool

highway lanes, providing related traffic control

devices, and designating existing facilities for

use as preferential parking for carpools.

(b) A project authorized by this section shall

be subject to and carried out in accordance with

all provisions of this title, except those provisions which the Secretary determines are inconsistent with this section.

(Added Pub. L. 95–599, title I, §126(a), Nov. 6,

1978, 92 Stat. 2705.)

PRIOR PROVISIONS

A prior section 146, Pub. L. 93–87, title I, §125(a), Aug.

13, 1973, 87 Stat. 262, related to a special urban high density traffic program, prior to repeal by Pub. L. 94–280,

title I, §128(a), May 5, 1976, 90 Stat. 440.

USE OF HIGH OCCUPANCY LANES

Pub. L. 97–424, title I, §163, Jan. 6, 1983, 96 Stat. 2136,

as amended by Pub. L. 100–17, title I, §133(a)(4), (5), Apr.

2, 1987, 101 Stat. 170, 171; Pub. L. 102–240, title I, §1056,

Dec. 18, 1991, 105 Stat. 2002, provided that: ‘‘Notwithstanding any other provision of this Act or any other

law, no funds apportioned or allocated to a State for

Federal-aid highways shall be obligated for a project

for constructing, resurfacing, restoring, rehabilitating,

or reconstructing a Federal-aid highway which has a

lane designated as a carpool lane unless the use of such

lane includes use by motorcycles. Upon certification by

the State to the Secretary of Transportation, after no-