§ 144 TITLE 23—HIGHWAYS Page 120

as defined in title V of the Public Works and

Economic Development Act of 1965, no project

shall be approved by the Secretary under this

section until he shall have consulted with the

Federal Cochairman for such region and the Secretary of Commerce. In consultation with the

appropriate official, the Secretary shall establish criteria for the selection of growth centers

eligible for assistance under this section such

that the aims and purposes set forth in subsection (a) of this section will be promoted.

Such criteria shall include, but not be limited

to, the following: (1) growth centers shall be

geographically and economically capable of contributing significantly to the development of

the area, (2) growth centers shall have a population not in excess of one hundred thousand

persons according to the latest available Federal

census, and (3) the selection of such growth centers within the Appalachian region and the economic development regions shall take into account the purposes of the Appalachian Regional

Development Act of 1965 and the Public Works

and Economic Development Act of 1965. In approving projects the Secretary shall give preference to those areas offering the most potential

for future economic growth and he shall make

arrangements for close coordination throughout

the development and implementation of the

project with the Federal Cochairman of the Appalachian Regional Commission, or with the appropriate Federal Cochairman of an economic

development region, and the Secretary of Commerce, as the case may be.

(g) There is authorized to be appropriated out

of the Highway Trust Fund not to exceed

$50,000,000 for the fiscal year ending June 30,

1972, and not to exceed $50,000,000 for the fiscal

year ending June 30, 1973.

(Added Pub. L. 91–605, title I, §127(a), Dec. 31,

1970, 84 Stat. 1729; amended Pub. L. 93–87, title I,

§122, Aug. 13, 1973, 87 Stat. 261.)

REFERENCES IN TEXT

The Appalachian Regional Development Act of 1965,

referred to in subsec. (f)(2), is Pub. L. 89–4, Mar. 9, 1965,

79 Stat. 5, as amended, which is set out in the Appendix

to Title 40, Public Buildings, Property, and Works. Section 403 of that Act, also referred to in subsec. (f)(2), is

set out in section 403 of the Appendix to Title 40. For

complete classification of this Act to the Code, see

Tables.

The Public Works and Economic Development Act of

1965, referred to in subsec. (f)(2), is Pub. L. 89–136, Aug.

26, 1965, 79 Stat. 552, as amended, which is classified

generally to chapter 38 (§3121 et seq.) of Title 42, The

Public Health and Welfare. Title V of the Public Works

and Economic Development Act of 1965, also referred to

in subsec. (f)(2), is classified generally to subchapter V

(§3181 et seq.) of Title 42. For complete classification of

this Act to the Code, see Short Title note set out under

section 3121 of Title 42 and Tables.

AMENDMENTS

1973—Subsec. (a). Pub. L. 93–87, §122(a), (c), substituted ‘‘projects’’ for ‘‘demonstration projects’’ and

‘‘a Federal-aid system (other than the Interstate System)’’ for ‘‘the Federal-aid primary system’’ and deleted ‘‘to demonstrate the role that highways can play’’

before ‘‘to promote’’.

Subsec. (b). Pub. L. 93–87, §122(a), substituted ‘‘projects’’ for ‘‘demonstration projects’’ and ‘‘a Federal-aid

system (other than the Interstate System)’’ for ‘‘the

Federal-aid primary system’’.

Subsec. (c). Pub. L. 93–87, §122(a), substituted ‘‘project’’ for ‘‘demonstration project’’ and ‘‘a Federal-aid

system (other than the Interstate System)’’ for ‘‘the

Federal-aid primary system’’.

Subsec. (d). Pub. L. 93–87, §122(a), substituted ‘‘highways on the Federal-aid system on which such development highway is located’’ for ‘‘Federal-aid primary

highways’’.

Subsec. (e). Pub. L. 93–87, §122(b), inserted introductory text ‘‘Except as otherwise provided in subsection

(c) of this section,’’ and substituted ‘‘the Federal share

of the cost of any project for construction, reconstruction, or improvement of a development highway under

this section shall be the same as that provided under

this title for any other project on the Federal-aid system on which such development highway is located’’

for ‘‘the Federal share of the cost of any project for

construction, reconstruction, or improvement of a development highway under this section shall be increased by not to exceed an additional 20 per centum of

the cost of such project, except that in no case shall

the Federal share exceed 95 per centum of the cost of

such project’’.

§ 144. Highway bridge replacement and rehabilitation program

(a) Congress hereby finds and declares it to be

in the vital interest of the Nation that a highway bridge replacement and rehabilitation program be established to enable the several States

to replace or rehabilitate highway bridges over

waterways, other topographical barriers, other

highways, or railroads when the States and the

Secretary finds that a bridge is significantly important and is unsafe because of structural deficiencies, physical deterioration, or functional

obsolescence.

(b) The Secretary, in consultation with the

States, shall (1) inventory all those highway

bridges on any Federal-aid system which are

bridges over waterways, other topographical

barriers, other highways, and railroads; (2) classify them according to serviceability, safety,

and essentiality for public use; (3) based on that

classification, assign each a priority for replacement or rehabilitation; and (4) determine the

cost of replacing each such bridge with a comparable facility or of rehabilitating such bridge.

(c)(1) The Secretary, in consultation with the

States, shall (1) inventory all those highway

bridges on public roads, other than those on any

Federal-aid system, which are bridges over

waterways, other topographical barriers, other

highways, and railroads, (2) classify them according to serviceability, safety, and essentiality for public use, (3) based on the classification,

assign each a priority for replacement or rehabilitation and (4) determine the cost of replacing

each such bridge with a comparable facility or

of rehabilitating such bridge.

(2) The Secretary may, at the request of a

State, inventory bridges, on and off the Federalaid system, for historic significance.

(3) INVENTORY OF INDIAN RESERVATION AND

PARK BRIDGES.—As part of the activities carried

out under paragraph (1), the Secretary, in consultation with the Secretary of the Interior,

shall (A) inventory all those highway bridges on

Indian reservation roads and park roads which

are bridges over waterways, other topographical

barriers, other highways, and railroads, (B) classify them according to serviceability, safety,

and essentiality for public use, (C) based on the
Page 121 TITLE 23—HIGHWAYS § 144

classification, assign each a priority for replacement or rehabilitation, and (D) determine the

cost of replacing each such bridge with a comparable facility or of rehabilitating such bridge.

(d) Whenever any State or States make application to the Secretary for assistance in replacing or rehabilitating a highway bridge which the

priority system established under subsection (b)

and (c) of this section shows to be eligible, the

Secretary may approve Federal participation in

replacing such bridge with a comparable facility

or in rehabilitating such bridge. Whenever any

State makes application to the Secretary for assistance in painting and seismic retrofit, or applying calcium magnesium acetate to, the structure of a highway bridge, the Secretary may approve Federal participation in the painting or

seismic retrofit of, or application of such acetate to, such structure. The Secretary shall determine the eligibility of highway bridges for replacement or rehabilitation for each State based

upon the unsafe highway bridges in such State,

except that a State may carry out a project for

seismic retrofit of a bridge under this section

without regard to whether the bridge is eligible

for replacement or rehabilitation under this section. In approving projects (other than projects

for bridge structure painting or seismic retrofit

or application of such acetate) under this section, the Secretary shall give consideration to

those projects which will remove from service

those highway bridges most in danger of failure.

(e) Funds authorized to carry out this section

shall be apportioned among the several States

on October 1 of the fiscal year for which authorized in accordance with this subsection. Each

deficient bridge shall be placed into one of the

following categories: (1) Federal-aid system

bridges eligible for replacement, (2) Federal-aid

system bridges eligible for rehabilitation, (3) offsystem bridges eligible for replacement, and (4)

off-system bridges eligible for rehabilitation.

The square footage of deficient bridges in each

category shall be multiplied by the respective

unit price on a State-by-State basis, as determined by the Secretary; and the total cost in

each State divided by the total cost of the deficient bridges in all States shall determine the

apportionment factors. For purposes of the preceding sentence, the total cost of deficient

bridges in a State and in all States shall be reduced by the total cost of any highway bridges

constructed under subsection (m) in such State,

relating to replacement of destroyed bridges and

ferryboat services. No State shall receive more

than 10 per centum or less than 0.25 per centum

of the total apportionment for any one fiscal

year. The Secretary shall make these determinations based upon the latest available data,

which shall be updated annually. Funds apportioned under this section shall be available for

expenditure for the same period as funds apportioned for projects on the Federal-aid primary

system under this title. Any funds not obligated

at the expiration of such period shall be reapportioned by the Secretary to the other States in

accordance with this subsection. The use of

funds authorized under this section to carry out

a project for the seismic retrofit of a bridge

shall not affect the apportionment of funds

under this section.

(f) The Federal share payable on account of

any project under this section shall be 80 per

centum of the cost thereof.

(g) SET ASIDES.—

(1) DISCRETIONARY BRIDGE PROGRAM.—Of the

amounts authorized for each of fiscal years

1992, 1993, 1994, 1995, 1996, and 1997 by section

103 of the Intermodal Surface Transportation

Efficiency Act of 1991, all but $57,000,000 in the

case of fiscal year 1992, $68,000,000 in the case

of fiscal years 1993 and 1994, and $69,000,000 in

the case of fiscal years 1995, 1996, and 1997 shall

be apportioned as provided in subsection (e) of

this section. $49,000,000 in the case of fiscal

year 1992, $59,500,000 in the case of fiscal years

1993 and 1994, and $60,500,000 in the case of fiscal years 1995, 1996, and 1997 of the amount authorized for each of such fiscal years shall be

available for obligation on the date of each

such apportionment in the same manner and

to the same extent as the sums apportioned on

such date, except that the obligation of

$49,000,000 in the case of fiscal year 1992,

$59,500,000 in the case of fiscal years 1993 and

1994, and $60,500,000 in the case of fiscal years

1995, 1996, and 1997 shall be at the discretion of

the Secretary, and $8,500,000 per fiscal year

($8,000,000 in the case of fiscal year 1992) of the

amount authorized for each of such fiscal

years shall be available in accordance with

section 1039 of the Intermodal Surface Transportation Efficiency Act of 1991, relating to

highway timber bridges.

(2) ELIGIBLE DISCRETIONARY PROJECTS.—Subject to section 149(d) of the Federal-Aid Highway Act of 1987, amounts made available by

paragraph (1) for obligation at the discretion

of the Secretary may be obligated only—

(A) for a project for a highway bridge the

replacement or rehabilitation cost of which

is more than $10,000,000, and

(B) for a project for a highway bridge the

replacement or rehabilitation cost of which

is less than $10,000,000 if such cost is at least

twice the amount apportioned to the State

in which such bridge is located under subsection (e) for the fiscal year in which application is made for a grant for such bridge.

(3) OFF-SYSTEM BRIDGES.—Not less than 15

percent nor more than 35 percent of the

amount apportioned to each State in each of

fiscal years 1987, 1988, 1989, 1990, 1991, 1992, 1993,

1994, 1995, 1996, and 1997, shall be expended for

projects to replace, rehabilitate, paint or seismic retrofit, or apply calcium magnesium acetate to highway bridges located on public

roads, other than those on a Federal-aid system. The Secretary, after consultation with

State and local officials, may, with respect to

such State, reduce the requirement for expenditure for bridges not on a Federal-aid system when the Secretary determines that such

State has inadequate needs to justify such expenditure.

(4) INDIAN RESERVATION BRIDGES.—Not less

than 1 percent of the amount apportioned to

each State which has an Indian reservation

within its boundaries for each fiscal year shall

be expended for projects to replace, rehabilitate, paint, or apply calcium magnesium acetate to highway bridges located on Indian res-
§ 144 TITLE 23—HIGHWAYS Page 122

1See References in Text note below.

ervation roads. Upon determining a State

bridge apportionment and before transferring

funds to the States, the Secretary shall transfer the Indian reservation bridge allocation

under this paragraph to the Secretary of the

Interior for expenditure pursuant to this paragraph. The Secretary, after consultation with

State and Indian tribal government officials

and with the concurrence of the Secretary of

the Interior, may, with respect to such State,

reduce the requirement for expenditure for

bridges under this paragraph when the Secretary determines that there are inadequate

needs to justify such expenditure. The nonFederal share payable on account of such a

project may be provided from funds made

available for Indian reservation roads under

chapter 2 of this title.

(h) Notwithstanding any other provision of

law, the General Bridge Act of 1946 (33 U.S.C.

525–533) shall apply to bridges authorized to be

replaced, in whole or in part, by this section, except that subsection (b) of section 502 of such

Act of 1946 and section 9 of the Act of March 3,

1899 (30 Stat. 1151) shall not apply to any bridge

constructed, reconstructed, rehabilitated, or replaced with assistance under this title, if such

bridge is over waters (1) which are not used and

are not susceptible to use in their natural condition or by reasonable improvement as a means

to transport interstate or foreign commerce,

and (2) which are (a) not tidal, or (b) if tidal,

used only by recreational boating, fishing, and

other small vessels less than 21 feet in length.

(i) INVENTORIES AND REPORTS.—The Secretary

shall—

(1) report to the Committee on Environment

and Public Works of the Senate and the Committee on Transportation and Infrastructure

of the House of Representatives on projects

approved under this section;

(2) annually revise the current inventories

authorized by subsections (b) and (c) of this

section;

(3) report to such committees on such inventories; and

(4) report to such committees such recommendations as the Secretary may have for improvements of the program authorized by this

section.

Such reports shall be submitted to such committees biennially at the same time as the report

required by section 307(f) 1 of this title is submitted to Congress.

(j) Sums apportioned to a State under this section shall be made available for obligation

throughout such State on a fair and equitable

basis.

(k) Not later than six months after the date of

enactment of this subsection, and periodically

thereafter, the Secretary shall review the procedure used in approving or disapproving applications submitted under this section to determine

what changes, if any, may be made to expedite

such procedure. Any such changes shall be implemented by the Secretary as soon as possible.

Not later than nine months after the date of enactment of this subsection, the Secretary shall

submit a report to Congress which describes

such review and such changes, including any

recommendations for legislative changes.

(l) Notwithstanding any other provision of

law, any bridge which is owned and operated by

an agency (1) which does not have taxing powers, (2) whose functions include operating a federally assisted public transit system subsidized

by toll revenues, shall be eligible for assistance

under this section but the amount of such assistance shall in no event exceed the cumulative

amount which such agency has expended for

capital and operating costs to subsidize such

transit system. Before authorizing an expenditure of funds under this subsection, the Secretary shall determine that the applicant agency has insufficient reserves, surpluses, and projected revenues (over and above those required

for bridge and transit capital and operating

costs) to fund the necessary bridge replacement

or rehabilitation project. Any non-Federal funds

expended for the seismic retrofit of the bridge

may be credited toward the non-Federal share

required as a condition of receipt of any Federal

funds for seismic retrofit of the bridge made

available after the date of the expenditure.

(m) REPLACEMENT OF DESTROYED BRIDGES AND

FERRYBOAT SERVICE.—

(1) GENERAL RULE.—Notwithstanding any

other provision of this section or of any other

provision of law, a State may utilize any of

the funds provided under this section to construct any bridge which—

(A) replaces any low water crossing (regardless of the length of such low water

crossing),

(B) replaces any bridge which was destroyed prior to 1965,

(C) replaces any ferry which was in existence on January 1, 1984, or

(D) replaces any road bridges rendered obsolete as a result of United States Corps of

Engineers flood control or channelization

projects and not rebuilt with funds from the

United States Corps of Engineers.

(2) FEDERAL SHARE.—The Federal share payable on any bridge construction carried out

under paragraph (1) shall be 80 percent of the

cost of such construction.

(n) OFF-SYSTEM BRIDGE PROGRAM.—Notwithstanding any other provision of law, with respect to any project not on a Federal-aid system

for the replacement of a bridge or rehabilitation

of a bridge which is wholly funded from State

and local sources, is eligible for Federal funds

under this section, is noncontroversial, is certified by the State to have been carried out in

accordance with all standards applicable to such

projects under this section, and is determined by

the Secretary upon completion to be no longer a

deficient bridge, any amount expended after the

date of the enactment of this subsection from

State and local sources for such project in excess of 20 percent of the cost of construction

thereof may be credited to the non-Federal

share of the cost of the projects in such State

which are eligible for Federal funds under this

section. Such crediting shall be in accordance

with such procedures as the Secretary may establish.
Page 123 TITLE 23—HIGHWAYS § 144

(o) HISTORIC BRIDGE PROGRAM.—

(1) COORDINATION.—The Secretary shall, in

cooperation with the States, implement the

programs described in this section in a manner

that encourages the inventory, retention, rehabilitation, adaptive reuse, and future study

of historic bridges.

(2) STATE INVENTORY.—The Secretary shall

require each State to complete an inventory of

all bridges on and off the Federal-aid system

to determine their historic significance.

(3) ELIGIBILITY.—Reasonable costs associated

with actions to preserve, or reduce the impact

of a project under this chapter on, the historic

integrity of historic bridges shall be eligible as

reimbursable project costs under this title (including this section) if the load capacity and

safety features of the bridge are adequate to

serve the intended use for the life of the

bridge; except that in the case of a bridge

which is no longer used for motorized vehicular traffic, the costs eligible as reimbursable

project costs pursuant to this subsection shall

not exceed the estimated cost of demolition of

such bridge.

(4) PRESERVATION.—Any State which proposes to demolish a historic bridge for a replacement project with funds made available

to carry out this section shall first make the

bridge available for donation to a State, locality, or responsible private entity if such State,

locality, or responsible entity enters into an

agreement to—

(A) maintain the bridge and the features

that give it its historic significance; and

(B) assume all future legal and financial

responsibility for the bridge, which may include an agreement to hold the State highway agency harmless in any liability action.

Costs incurred by the State to preserve the

historic bridge, including funds made available

to the State, locality, or private entity to enable it to accept the bridge, shall be eligible as

reimbursable project costs under this chapter

up to an amount not to exceed the cost of

demolition. Any bridge preserved pursuant to

this paragraph shall thereafter not be eligible

for any other funds authorized pursuant to

this title.

(5) HISTORIC BRIDGE DEFINED.—As used in this

subsection, ‘‘historic bridge’’ means any

bridge that is listed on, or eligible for listing

on, the National Register of Historic Places.

(p) APPLICABILITY OF STATE STANDARDS FOR

PROJECTS.—A project not on a Federal-aid highway under this section shall be designed, constructed, operated, and maintained in accordance with State laws, regulations, directives,

safety standards, design standards, and construction standards.

(q) As used in this section the term ‘‘rehabilitate’’ in any of its forms means major work necessary to restore the structural integrity of a

bridge as well as work necessary to correct a

major safety defect.

(Added Pub. L. 91–605, title II, §204(a), Dec. 31,

1970, 84 Stat. 1741; amended Pub. L. 93–87, title

II, §204, Aug. 13, 1973, 87 Stat. 284; Pub. L. 93–643,

§113, Jan. 4, 1975, 88 Stat. 2286; Pub. L. 95–599,

title I, §124(a), Nov. 6, 1978, 92 Stat. 2702; Pub. L.

96–106, §§7, 8(a), Nov. 9, 1979, 93 Stat. 797; Pub. L.

97–327, §5(c), Oct. 15, 1982, 96 Stat. 1612; Pub. L.

97–424, title I, §§121(a), 122(a), Jan. 6, 1983, 96

Stat. 2111, 2112; Pub. L. 100–17, title I,

§§123(a)–(d)(1), (3), (e), (f)(2), 128, 133(b)(11), Apr.

2, 1987, 101 Stat. 161–163, 167, 172; Pub. L. 102–240,

title I, §1028(a)–(f), Dec. 18, 1991, 105 Stat. 1967,

1968; Pub. L. 103–220, §1, Mar. 17, 1994, 108 Stat.

100; Pub. L. 104–59, title III, §§318, 325(b), Nov. 28,

1995, 109 Stat. 588, 592.)

REFERENCES IN TEXT

Section 103 of the Intermodal Surface Transportation

Efficiency Act of 1991, referred to in subsec. (g)(1), probably means section 1003 of Pub. L. 102–240, title I, Dec.

18, 1991, 105 Stat. 1918, which is not classified to the

Code. Pub. L. 102–240 does not contain a section 103.

Section 1039 of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec.

(g)(1), is section 1039 of Pub. L. 102–240, which is set out

as a note below.

Section 149(d) of the Federal-Aid Highway Act of 1987,

referred to in subsec. (g)(2), is section 149(d) of Pub. L.

100–17, which is not classified to the Code.

The General Bridge Act of 1946, referred to in subsec.

(h), is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as

amended, which is classified generally to subchapter III

(§525 et seq.) of chapter 11 of Title 33, Navigation and

Navigable Waters. For complete classification of this

Act to the Code, see Short Title note set out under section 525 of Title 33 and Tables.

Section 502(b) of such Act of 1946, referred to in subsec. (h), in section 502(b) of act Aug. 2, 1946, which is

classified to section 525(b) of Title 33.

Section 9 of the Act of March 3, 1899, referred to in

subsec. (h), is section 9 of act Mar. 3, 1899, ch. 425, 30

Stat. 1151, which is classified to section 401 of Title 33.

Section 307(f) of this title, referred to in subsec. (i),

was redesignated section 307(h) by Pub. L. 102–240, title

VI, §6005(a), Dec. 18, 1991, 105 Stat. 2170.

The date of enactment of this subsection, referred to

in subsec. (k), is Nov. 6, 1978, the date of enactment of

Pub. L. 95–599.

The date of the enactment of this subsection, referred

to in subsec. (n), is the date of enactment of Pub. L.

100–17, which was approved Apr. 2, 1987.

AMENDMENTS

1995—Subsec. (i)(1). Pub. L. 104–59, §325(b), substituted

‘‘Committee on Transportation and Infrastructure’’ for

‘‘Committee on Public Works and Transportation’’.

Subsec. (l). Pub. L. 104–59, §318, inserted at end ‘‘Any

non-Federal funds expended for the seismic retrofit of

the bridge may be credited toward the non-Federal

share required as a condition of receipt of any Federal

funds for seismic retrofit of the bridge made available

after the date of the expenditure.’’

1994—Subsec. (d). Pub. L. 103–220, §1(1), inserted before period at end of third sentence ‘‘, except that a

State may carry out a project for seismic retrofit of a

bridge under this section without regard to whether the

bridge is eligible for replacement or rehabilitation

under this section’’.

Subsec. (e). Pub. L. 103–220, §1(2), inserted at end

‘‘The use of funds authorized under this section to

carry out a project for the seismic retrofit of a bridge

shall not affect the apportionment of funds under this

section.’’

1991—Subsec. (c)(3). Pub. L. 102–240, §1028(a), added

par. (3).

Subsec. (d). Pub. L. 102–240, §1028(b), inserted ‘‘Whenever any State makes application to the Secretary for

assistance in painting and seismic retrofit, or applying

calcium magnesium acetate to, the structure of a highway bridge, the Secretary may approve Federal participation in the painting or seismic retrofit of, or application of such acetate to, such structure.’’ after first sentence and ‘‘(other than projects for bridge structure
§ 144 TITLE 23—HIGHWAYS Page 124

painting or seismic retrofit or application of such acetate)’’ after ‘‘projects’’ in last sentence.

Subsec. (f). Pub. L. 102–240, §1028(c), substituted

‘‘project’’ for ‘‘highway bridge replaced or rehabilitated’’.

Subsec. (g)(1). Pub. L. 102–240, §1028(d), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: ‘‘Of the amount authorized per fiscal year for

each of fiscal years 1987, 1988, 1989, 1990, and 1991 by section 106(a)(5) of the Federal-Aid Highway Act of 1987,

all but $225,000,000 per fiscal year shall be apportioned

as provided in subsection (e) of this section. $225,000,000

per fiscal year of the amount authorized for each of

such fiscal years shall be available for obligation on

the date of each such apportionment in the same manner and to the same extent as the sums apportioned on

such date, except that the obligation of such $225,000,000

shall, subject to section 149(d) of the Federal-Aid Highway Act of 1987, be at the discretion of the Secretary.’’

Subsec. (g)(3). Pub. L. 102–240, §1028(e)(1), substituted

‘‘1991, 1992, 1993, 1994, 1995, 1996, and 1997’’ for ‘‘and 1991’’

and ‘‘, rehabilitate, paint or seismic retrofit, or apply

calcium magnesium acetate to’’ for ‘‘or rehabilitate’’.

Subsec. (g)(4). Pub. L. 102–240, §1028(f), added par. (4).

Subsecs. (p), (q). Pub. L. 102–240, §1028(e)(2), added

subsec. (p) and redesignated former subsec. (p) as (q).

1987—Subsec. (e). Pub. L. 100–17, §133(b)(11), inserted

at end ‘‘Funds apportioned under this section shall be

available for expenditure for the same period as funds

apportioned for projects on the Federal-aid primary

system under this title. Any funds not obligated at the

expiration of such period shall be reapportioned by the

Secretary to the other States in accordance with this

subsection.’’

Pub. L. 100–17, §123(d)(3), inserted after third sentence

‘‘For purposes of the preceding sentence, the total cost

of deficient bridges in a State and in all States shall be

reduced by the total cost of any highway bridges constructed under subsection (m) in such State, relating to

replacement of destroyed bridges and ferryboat services.’’

Subsec. (g). Pub. L. 100–17, §123(a), amended subsec.

(g) generally, revising and restating as pars. (1) to (3)

provisions formerly contained in pars. (1) and (2).

Subsec. (h). Pub. L. 100–17, §123(b), substituted ‘‘(1)’’

for ‘‘which are not subject to the ebb and flow of the

tide, and’’ and added cl. (2).

Subsec. (i). Pub. L. 100–17, §128, substituted ‘‘307(f)’’

for ‘‘307(e)’’ in last sentence.

Pub. L. 100–17, §123(c), amended subsec. (i) generally.

Prior to amendment, subsec. (i) read as follows: ‘‘The

Secretary shall report annually on projects approved

under this section, shall annually revise and report the

current inventories authorized by subsections (b) and

(c) of this section, and shall report such recommendations as he may have for improvement of the program

authorized by this section.’’

Subsec. (m). Pub. L. 100–17, §123(d)(1), added subsec.

(m). Former subsec. (m) redesignated (p).

Subsec. (n). Pub. L. 100–17, §123(e), which directed

that this section be amended by adding subsec. (n) after

subsec. (l), was executed by adding subsec. (n) after subsec. (m), to reflect the probable intent of Congress.

Subsec. (o). Pub. L. 100–17, §123(f)(2), which directed

that this section be amended by adding subsec. (o) after

subsec. (l), was executed by adding subsec. (o) after subsec. (n), to reflect the probable intent of Congress.

Subsec. (p). Pub. L. 100–17, §123(d)(1), redesignated

former subsec. (m) as (p).

1983—Subsec. (e). Pub. L. 97–424, §121(a), substituted

provisions setting forth categorization, formula for apportionment factors, and limitations respecting deficient bridges for provisions relating to apportionment

of funds for fiscal years ending Sept. 30, 1979, through

Sept. 30, 1983, availability for expenditure of such

funds, and reapportionment by the Secretary.

Pub. L. 97–327, §5(c)(1), substituted ‘‘September 30,

1982, and September 30, 1983’’ for ‘‘and September 30,

1982’’.

Subsec. (g). Pub. L. 97–424, §122(a), designated existing provisions as par. (1), struck out provisions added

by section 5(c)(2) of Pub. L. 97–327 relating to apportionment of amounts for fiscal year ending Sept. 30,

1983, and added par. (2).

Pub. L. 97–327, §5(c)(2), inserted provision that, of the

amount authorized for the fiscal year ending September 30, 1983, by paragraph (1) of section 5(a) of the Federal-Aid Highway Act of 1982, all but $200,000,000 (multiplied by the factor determined under section 4(a) of

such Act) be apportioned, and that $200,000,000 (multiplied by such factor) of the amount authorized for such

fiscal year be available for obligation on the date of

each such apportionment in the same manner and to

the same extent as the sums apportioned on such date

with specific limitations applicable to the obligation of

such $200,000,000.

1979—Subsec. (d). Pub. L. 96–106, §7(a), substituted

‘‘such bridge with a comparable facility or in rehabilitating such bridge’’ for ‘‘or rehabilitating such bridge

with a comparable facility’’.

Subsec. (g). Pub. L. 96–106, §8(a), inserted ‘‘, and for

any project for a highway bridge the replacement or rehabilitation costs of which is less than $10,000,000 if

such costs is at least twice the amount apportioned to

the State in which such bridge is located under subsection (e) of this section for the fiscal year in which

application is made for a grant for such bridge’’.

Subsec. (m). Pub. L. 96–106, §7(b), substituted ‘‘major

work’’ for ‘‘major repairs’’.

1978—Subsec. (a). Pub. L. 95–599 substituted provisions relating to Congressional findings as to highway

bridge replacement and rehabilitation for provisions relating to Congressional findings as to special bridge replacement.

Subsec. (b). Pub. L. 95–599 added cl. (4).

Subsec. (c). Pub. L. 95–599 added subsec. (c). Former

subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 95–599 redesignated former subsec.

(c) as (d) and among other amendments struck out provisions requiring Secretary to consider economy of

area and approval of projects without regard to allocation formulas under this title.

Subsec. (e). Pub. L. 95–599 added subsec. (e). Former

subsec. (e) redesignated (g).

Subsec. (f). Pub. L. 95–599 redesignated former subsec.

(d) as (f), substituted ‘‘80’’ for ‘‘75’’, and inserted ‘‘highway’’ after ‘‘account of any’’. Former subsec. (f) was

struck out.

Subsec. (g). Pub. L. 95–599 redesignated former subsec.

(e) as (g) and inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1979 through Sept.

30, 1982. Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 95–599 redesignated former subsec. (g) as (h) and inserted provisions relating to exceptions to applications of the General Bridge Act of 1946.

Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 95–599 redesignated former subsec.

(h) as (i) and inserted provisions relating to revision

and report of current inventories.

Subsecs. (j) to (m). Pub. L. 95–599 added subsecs. (j) to

(m).

1975—Subsec. (e). Pub. L. 93–643 increased appropriations authorization to $125,000,000 from $75,000,000 for

fiscal year ending June 30, 1976.

1973—Subsec. (e). Pub. L. 93–87, §204(a), provided for

appropriations authorization of $25,000,000, $75,000,000,

and $75,000,000 for fiscal years ending June 30, 1974, 1975,

and 1976.

Subsecs. (f) to (h). Pub. L. 93–87, §204(b), (c), added

subsec. (f) and redesignated former subsecs. (f) and (g)

as (g) and (h), respectively.

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.
Page 125 TITLE 23—HIGHWAYS § 144

EFFECTIVE DATE OF 1987 AMENDMENT

Section 123(d)(2) of Pub. L. 100–17 provided that: ‘‘The

amendment made by subsection (a) [amending this section] shall apply to funds apportioned to the States

under section 144 of title 23, United States Code, after

September 30, 1986.’’

EFFECTIVE DATE OF 1983 AMENDMENT

Section 121(b) of Pub. L. 97–424 provided that: ‘‘The

amendment made by subsection (a) of this section

[amending this section] shall take effect October 1,

1982, and shall apply with respect to each fiscal year beginning on or after such date. Notwithstanding subsection (e) of section 144 of title 23, United States Code,

as soon as practical after the date of enactment of this

Act [Jan. 6, 1983], the Secretary of Transportation shall

apportion under such subsection (e), as amended by

subsection (a) of this section, sums authorized to be appropriated to carry out such section 144 for the fiscal

year ending September 30, 1983.’’

HIGHWAY TIMBER BRIDGE RESEARCH AND

DEMONSTRATION PROGRAM

Section 1039 of Pub. L. 102–240, as amended by Pub. L.

102–388, title IV, §408, Oct. 6, 1992, 106 Stat. 1564, provided that:

‘‘(a) RESEARCH GRANTS.—The Secretary may make

grants to other Federal agencies, universities, private

businesses, nonprofit organizations, and any research

or engineering entity to carry out research on 1 or

more of the following:

‘‘(1) Development of new, economical highway timber bridge systems.

‘‘(2) Development of engineering design criteria for

structural wood products for use in highway bridges

in order to improve methods for characterizing lumber design properties.

‘‘(3) Preservative systems for use in highway timber

bridges which demonstrate new alternatives and current treatment processes and procedures and which

are environmentally sound with respect to application, use, and disposal of treated wood.

‘‘(4) Alternative transportation system timber

structures which demonstrate the development of applications for railing, sign, and lighting supports,

sound barriers, culverts, and retaining walls in highway applications.

‘‘(5) Rehabilitation measures which demonstrate effective, safe, and reliable methods for rehabilitating

existing highway timber structures.

‘‘(b) TECHNOLOGY AND INFORMATION TRANSFER.—The

Secretary shall take such action as may be necessary

to ensure that the information and technology resulting from research conducted under subsection (a) is

made available to State and local transportation departments and other interested persons.

‘‘(c) CONSTRUCTION GRANTS.—

‘‘(1) AUTHORITY.—The Secretary shall make grants

to States for construction of highway timber bridges

on public roads.

‘‘(2) APPLICATIONS.—A State interested in receiving

a grant under this subsection must submit an application therefor to the Secretary. Such application

shall be in such form and contain such information as

the Secretary may require by regulation.

‘‘(3) APPROVAL CRITERIA.—The Secretary shall select and approve applications for grants under this

subsection based on the following criteria:

‘‘(A) Bridge designs which have both initial and

long-term structural and environmental integrity.

‘‘(B) Bridge designs which utilize timber species

native to the State or region.

‘‘(C) Innovative bridge designs which have the

possibility of increasing knowledge, cost effectiveness, and future use of such designs.

‘‘(D) Environmental practices for preservative

treated timber, and construction techniques which

comply with all environmental regulations, will be

utilized.

‘‘(d) FEDERAL SHARE.—The Federal share of the costs

of research and construction projects carried out under

this section shall be 80 percent.

‘‘(e) FUNDING.—From the funds reserved from apportionment under section 144(g)(1) of title 23, United

States Code, for each of fiscal years 1992, 1993, 1994, 1995,

1996, and 1997—

‘‘(1) $1,000,000 shall be available to the Secretary for

carrying out subsections (a) and (b); and

‘‘(2) $7,500,000 ($7,000,000 in the case of fiscal year

1992) shall be available to the Secretary for carrying

out subsection (c).

Such sums shall remain available until expended.

‘‘(f) STATE DEFINED.—For purposes of this section, the

term ‘State’ has the meaning such term has under section 101 of title 23, United States Code.’’

FEASIBILITY OF INTERNATIONAL BORDER HIGHWAY

INFRASTRUCTURE DISCRETIONARY PROGRAM

Section 1089 of Pub. L. 102–240 directed Secretary of

Transportation to conduct a study of advisability and

feasibility of establishing an international border highway infrastructure discretionary program and, not

later than Sept. 30, 1993, transmit to Congress a report

on results of the study, together with any recommendations.

HISTORIC BRIDGES; CONGRESSIONAL FINDINGS AND

DECLARATIONS

Section 123(f)(1) of Pub. L. 100–17 provided that: ‘‘Congress hereby finds and declares it to be in the national

interest to encourage the rehabilitation, reuse and

preservation of bridges significant in American history,

architecture, engineering and culture. Historic bridges

are important links to our past, serve as safe and vital

transportation routes in the present, and can represent

significant resources for the future.’’

STUDY BY TRANSPORTATION RESEARCH BOARD ON EFFECTS OF BRIDGE PROGRAM ON PRESERVATION AND

REHABILITATION OF HISTORIC BRIDGES; RECOMMENDATION OF STANDARDS FOR REHABILITATION OF HISTORIC

BRIDGES; REPORT

Section 123(f)(3) of Pub. L. 100–17 provided that:

‘‘(A) TRANSPORTATION RESEARCH BOARD.—The Secretary shall make appropriate arrangements with the

Transportation Research Board of the National Academy of Sciences to carry out a study on the effects of

the bridge program conducted under section 144 of title

23, United States Code, on the preservation and rehabilitation of historic bridges. The Transportation Research Board shall also develop recommendations of

specific standards which shall apply only to the rehabilitation of historic bridges, and shall provide an

analysis of any other factors which would serve to enhance the rehabilitation of historic bridges.

‘‘(B) REPORT.—Not later than 1 year after entering

into appropriate arrangements under subparagraph (A),

the Transportation Research Board shall submit to the

Secretary and the Committee on Environment and

Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a report on the results of the study conducted under subparagraph (A) and on the recommendations developed pursuant to subparagraph (A).’’

STUDY OF HIGHWAY BRIDGES WHICH CROSS RAIL LINES;

REPORT

Section 160 of Pub. L. 100–17 directed Secretary to

conduct a comprehensive study and investigation of

improvement and maintenance needs for highway

bridges which cross rail lines and whose ownership has

been disputed and, not later than 30 months after Apr.

2, 1987, submit to Congress a report on the study and investigation along with recommendations on how the

bridge needs could best be addressed on a long term

basis in a cost-effective manner.

FOUR-LANE BRIDGES

Section 130 of Pub. L. 97–424 provided that: ‘‘Whenever any law of the United States, enacted after Janu-
§ 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-