Page 63 TITLE 23—HIGHWAYS § 115

mational signs other than official traffic control

devices conforming with standards developed by

the Secretary of Transportation.

(b) CONVICT LABOR AND CONVICT PRODUCED MATERIALS.—

(1) LIMITATION ON CONVICT LABOR.—Convict

labor shall not be used in construction of highways or portions of highways located on a Federal-aid system unless it is labor performed by

convicts who are on parole, supervised release,

or probation.

(2) LIMITATION ON CONVICT PRODUCED MATERIALS.—Materials produced after July 1, 1991,

by convict labor may only be used in such construction—

(A) if such materials are produced by convicts who are on parole, supervised release,

or probation from a prison; or

(B) if such materials are produced by convicts in a qualified prison facility and the

amount of such materials produced in such

facility for use in such construction during

any 12-month period does not exceed the

amount of such materials produced in such

facility for use in such construction during

the 12-month period ending July 1, 1987.

(3) QUALIFIED PRISON FACILITY DEFINED.—As

used in this subsection, ‘‘qualified prison facility’’ means any prison facility in which convicts, during the 12-month period ending July

1, 1987, produced materials for use in construction of highways or portions of highways located on a Federal-aid system.

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

86–657, §8(f), July 14, 1960, 74 Stat. 525; Pub. L.

93–87, title I, §115, Aug. 13, 1973, 87 Stat. 258; Pub.

L. 97–424, title I, §148, Jan. 6, 1983, 96 Stat. 2131;

Pub. L. 98–473, title II, §226, Oct. 12, 1984, 98 Stat.

2030; Pub. L. 100–17, title I, §112(a), (b)(1), Apr. 2,

1987, 101 Stat. 148; Pub. L. 102–240, title I, §1019,

Dec. 18, 1991, 105 Stat. 1948.)

AMENDMENTS

1991—Subsec. (b)(2). Pub. L. 102–240, inserted ‘‘after

July 1, 1991,’’ after ‘‘Materials produced’’ in introductory provisions.

1987—Subsec. (a). Pub. L. 100–17, §112(b)(1), inserted

heading.

Subsec. (b). Pub. L. 100–17, §112(b)(1), amended subsec.

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

follows: ‘‘Convict labor or materials produced by convict labor shall not be used in such construction unless

it is labor performed by convicts who are on parole or

probation.’’

1984—Subsec. (b). Pub. L. 98–473 which directed the insertion of ‘‘, supervised release,’’ after ‘‘parole’’ effective Nov. 1, 1987, was not executed, because of intervening general amendment of subsec. (b) by Pub. L. 100–17,

§112(a), which contained ‘‘, supervised release,’’ after

‘‘parole’’ wherever appearing.

1983—Subsec. (b). Pub. L. 97–424 inserted ‘‘or materials produced by convict labor’’ after ‘‘Convict labor’’.

1973—Subsec. (a). Pub. L. 93–87 amended last sentence

generally. Prior to amendment, last sentence read as

follows: ‘‘On any project where actual construction is

in progress and visible to highway users, the State

highway department shall erect such informational

sign or signs as prescribed by the Secretary, identifying

the project and the respective amounts contributed

therefor by the State and Federal Governments.’’

1960—Subsec. (a). Pub. L. 86–657 required State highway departments to erect, on any project where actual

construction is in progress and visible to highway

users, such informational sign or signs as prescribed by

the Secretary, identifying the project and the respective contributions therefor by the State and Federal

Governments.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102–240 effective Dec. 18, 1991,

and applicable to funds authorized to be appropriated

or made available after Sept. 30, 1991, and, with certain

exceptions, not applicable to funds appropriated or

made available on or before Sept. 30, 1991, see section

1100 of Pub. L. 102–240, set out as a note under section

104 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–473 effective Nov. 1, 1987,

and applicable only to offenses committed after the

taking effect of this amendment, see section 235(a)(1) of

Pub. L. 98–473, set out as an Effective Date note under

section 3551 of Title 18, Crimes and Criminal Procedure.

MATERIALS PRODUCED BY CONVICT LABOR

Pub. L. 101–162, title II, §202, Nov. 21, 1989, 103 Stat.

1002, provided that: ‘‘During fiscal year 1990 and hereafter, materials produced by convict labor may be used

in the construction of any highways or portion of highways located on Federal-aid systems, as described in

section 103 of title 23, United States Code.’’

Similar fiscal year provisions were contained in the

following appropriation acts:

Pub. L. 100–459, title II, §202, Oct. 1, 1988, 102 Stat.

2199.

Pub. L. 100–202, §101(a) [title II, §202], Dec. 22, 1987, 101

Stat. 1329, 1329–15.

Pub. L. 99–500, §101(b) [title II, §202], Oct. 18, 1986, 100

Stat. 1783–39, 1783–51, and Pub. L. 99–591, §101(b) [title II,

§202], Oct. 30, 1986, 100 Stat. 3341–39, 3341–51.

Pub. L. 99–180, title II, §202, Dec. 13, 1985, 99 Stat. 1146.

Pub. L. 98–411, title II, §202, Aug. 30, 1984, 98 Stat.

1558, repealed by Pub. L. 100–17, title I, §112(b)(2), Apr.

2, 1987, 101 Stat. 149.

Pub. L. 98–166, title II, §202, Nov. 28, 1983, 97 Stat. 1085.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 121 of this title.

§ 115. Advance construction

(a) SUBSTITUTE, CONGESTION MITIGATION AND

AIR QUALITY IMPROVEMENT, SURFACE TRANSPORTATION, BRIDGE, PLANNING, AND RESEARCH

PROJECTS.—

(1) GENERAL RULE.—Subject to paragraph (2),

when a State—

(A)(i) has obligated all funds apportioned

or allocated to it under section 103(e)(4)(H),

104(b)(2), 104(b)(3), 104(f), 144, or 307 of this

title, or

(ii) has used or demonstrates that it will

use all obligation authority allocated to it

for Federal-aid highways and highway safety

construction, and

(B) proceeds with a project funded under

such an apportionment or allocation without

the aid of Federal funds in accordance with

all procedures and all requirements applicable to such a project, except insofar as such

procedures and requirements limit the State

to implementation of projects with the aid

of Federal funds previously apportioned or

allocated to it or limit a State to implementation of a project with obligation authority

previously allocated to it for Federal-aid

highways and highway safety construction,

the Secretary, upon approval of an application

of the State, is authorized to pay to the State
§ 115 TITLE 23—HIGHWAYS Page 64

1So in original.

the Federal share of the cost of the project

when additional funds are apportioned or allocated to the State under such section or when

additional obligation authority is allocated to

it.

(2) PLANS, SPECIFICATIONS, AND APPLICABLE

STANDARDS.—The Secretary may only make

payments to a State with respect to a project

if—

(A) prior to commencement of the project

the Secretary approves the project in the

same manner as the Secretary approves

other projects, and

(B) the project conforms to the applicable

standards under this title.

(b) INTERSTATE AND NATIONAL HIGHWAY SYSTEM PROJECTS.—

(1) IN GENERAL.—When a State proceeds to

construct any project on the National Highway System or the Interstate System without

the aid of Federal funds in accordance with all

procedures and all requirements applicable to

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

construction of projects with the aid of Federal funds previously apportioned to it, the

Secretary, upon approval of application of the

State, is authorized to pay to the State the

Federal share of the cost of construction of

the project when additional funds are apportioned to the State under section 104(b)(1) or

104(b)(5), as the case may be, 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 under section 109 of this title.

(2) BOND INTEREST FOR PROJECTS UNDER CONSTRUCTION ON JANUARY 1, 1983.—For any project

under construction on January 1, 1983, on the

Interstate System and converted to a regularly funded project after January 1, 1983, for

which the proceeds of bonds issued by the

State, county, city, or other political subdivision of the State were used, any interest

earned and payable on such bonds by the date

of conversion is an eligible cost of construction, to the extent that the proceeds of such

bonds have actually been expended in the construction of such projects.

(3) BOND INTEREST.—Subject to the provisions of this paragraph, the cost of construction of a project, the Federal share of which

the Secretary is authorized to pay under this

subsection, shall include the amount of any

interest earned and payable on bonds issued by

the State to the extent that the proceeds of

such bonds have actually been expended in the

construction of such project. In no event shall

the amount of interest considered as a cost of

construction of a project under the preceding

sentence be greater than the excess of (A) the

amount which would be the estimated cost of

construction of the project if the project were

to be constructed at the time the project is

converted to a regularly funded project, over

(B) the actual cost of construction of such

project (not including such interest). The Secretary shall consider changes in construction

cost indices in determining the amount under

clause (A) of this paragraph.

(c) COMPLETION OF PROJECTS.—In determining

the apportionment for any fiscal year under the

provisions of section 103(e)(4), 104, 134, 144,,1 or

307 of this title, any such project constructed by

a State without the aid of Federal funds shall

not be considered completed until an application

under the provisions of this section with respect

to such project has been approved by the Secretary.

(d) INCLUSION IN TRANSPORTATION IMPROVEMENT PROGRAM.—The Secretary may approve an

application for a project under this section only

if the project is included in the transportation

improvement program of the State developed

under section 135(f).

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

90–495, §25(a), (b), Aug. 23, 1968, 82 Stat. 828, 829;

Pub. L. 93–643, §111, Jan. 4, 1975, 88 Stat. 2285;

Pub. L. 96–106, §4, Nov. 9, 1979, 93 Stat. 797; Pub.

L. 97–424, title I, §113, Jan. 6, 1983, 96 Stat. 2106;

Pub. L. 100–17, title I, §113(a)–(d)(1), Apr. 2, 1987,

101 Stat. 149, 150; Pub. L. 102–302, §103, June 22,

1992, 106 Stat. 252; Pub. L. 104–59, title III, §308,

Nov. 28, 1995, 109 Stat. 582.)

AMENDMENTS

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

generally. Prior to amendment, subsec. (d) read as follows:

‘‘(d) LIMITATION ON ADVANCED FUNDING.—The Secretary may not approve an application under this section unless an authorization for section 103(e)(4), 104,

144, or 307 of this title, as the case may be, is in effect

for the fiscal year for which the application is sought

beyond the currently authorized funds for each State.

No applications may be approved which will exceed the

State’s expected apportionment of such authorizations.’’

1992—Subsec. (a). Pub. L. 102–302, §103(1), in heading

substituted ‘‘SUBSTITUTE, CONGESTION MITIGATION AND

AIR QUALITY IMPROVEMENT, SURFACE TRANSPORTATION,

BRIDGE, PLANNING, AND RESEARCH PROJECTS’’ for ‘‘SUBSTITUTE, URBAN, SECONDARY, BRIDGE, PLANNING, RESEARCH, AND SAFETY CONSTRUCTION PROJECTS’’.

Subsec. (a)(1)(A)(i). Pub. L. 102–302, §103(2)(A), added

cl. (i) and struck out former cl. (i) which read as follows: ‘‘has obligated all funds apportioned or allocated

to it under section 103(e)(4)(H), section 104(b)(2), section

104(b)(6), section 104(f), section 130, section 144, section

152, or section 307 of this title, or’’.

Subsec. (a)(2)(A). Pub. L. 102–302, §103(2)(B), added

subpar. (A) and struck out former subpar. (A) which

read as follows: ‘‘prior to commencement of the project

the Secretary approves the plans and specifications

therefor in the same manner as other projects, and’’.

Subsec. (a)(3). Pub. L. 102–302, §103(2)(C), struck out

par. (3) which read as follows: ‘‘LIMITATION WITH RESPECT TO CURRENTLY AUTHORIZED FUNDS.—The Secretary may not approve an application under this section unless an authorization for section 103(e)(4), 104,

130, 144, 152, or 307 of this title, as the case may be, is

in effect for the fiscal year for which the application is

sought beyond the currently authorized funds for such

State. No application may be approved which will exceed the State’s expected apportionment of such authorizations. This paragraph shall have no effect during

the period beginning January 1, 1987, and ending September 30, 1990.’’

Subsec. (b). Pub. L. 102–302, §103(3), (4), in heading

substituted ‘‘NATIONAL HIGHWAY SYSTEM’’ for ‘‘PRIMARY’’ and in par. (1) substituted ‘‘National Highway

System’’ for ‘‘Federal-aid primary system’’.
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-