§ 107 TITLE 23—HIGHWAYS Page 50

(2) ANALYSIS OF THE LIFE-CYCLE COSTS DEFINED.—In this subsection, the term ‘‘analysis

of the life-cycle costs’’ means a process for

evaluating the total economic worth of a usable project segment by analyzing initial costs

and discounted future costs, such as maintenance, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of the

project segment.

(f) VALUE ENGINEERING FOR NHS.—

(1) REQUIREMENT.—The Secretary shall establish a program to require States to carry

out a value engineering analysis for all

projects on the National Highway System with

an estimated total cost of $25,000,000 or more.

(2) VALUE ENGINEERING DEFINED.—In this subsection, the term ‘‘value engineering analysis’’

means a systematic process of review and

analysis of a project during its design phase by

a multidisciplined team of persons not involved in the project in order to provide suggestions for reducing the total cost of the

project and providing a project of equal or better quality. Such suggestions may include

combining or eliminating otherwise inefficient

or expensive parts of the original proposed design for the project and total redesign of the

proposed project using different technologies,

materials, or methods so as to accomplish the

original purpose of the project.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 892; Pub. L.

88–157, §7(a), Oct. 24, 1963, 77 Stat. 278; Pub. L.

91–605, title I, §§106(e), 142, Dec. 31, 1970, 84 Stat.

1717, 1737; Pub. L. 94–280, title I, §114, May 5, 1976,

90 Stat. 436; Pub. L. 100–17, title I, §133(b)(4),

Apr. 2, 1987, 101 Stat. 171; Pub. L. 102–240, title I,

§§1016(b), 1018(a), Dec. 18, 1991, 105 Stat. 1945,

1948; Pub. L. 104–59, title III, §303, Nov. 28, 1995,

109 Stat. 578.)

AMENDMENTS

1995—Subsecs. (e), (f). Pub. L. 104–59 added subsecs. (e)

and (f).

1991—Subsec. (a). Pub. L. 102–240, §1016(b)(1), inserted

‘‘this section and’’ before ‘‘section 117’’.

Subsec. (b). Pub. L. 102–240, §1016(b)(2), added subsec.

(b) and struck out former subsec. (b) which read as follows: ‘‘In addition to the approval required under subsection (a) of this section, proposed specifications for

projects for construction on (1) the Federal-aid secondary system, except in States where all public roads and

highways are under the control and supervision of the

State highway department, and (2) the Federal-aid

urban system, shall be determined by the State highway department and the appropriate local road officials

in cooperation with each other.’’

Subsec. (c). Pub. L. 102–240, §1018(a), amended subsec.

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

follows: ‘‘Items included in any such estimate for construction engineering shall not exceed 15 percent of the

total estimated cost of a project financed with Federalaid highway funds, after excluding from such total estimate cost, the estimated costs of rights-of-way, preliminary engineering, and construction engineering.’’

1987—Subsec. (c). Pub. L. 100–17 substituted ‘‘15 percent’’ for ‘‘10 per centum’’ and struck out at end ‘‘However, this limitation shall be 15 per centum in any

State with respect to which the Secretary finds such

higher limitation to be necessary.’’

1976—Subsec. (c). Pub. L. 94–280 substituted ‘‘Federalaid highway funds’’ for ‘‘Federal-aid primary, secondary, or urban funds’’ and ‘‘such total estimate cost’’ for

‘‘such total estimated cost’’ and struck out 10 per centum limitation for any project financed with interstate

funds.

1970—Subsec. (b). Pub. L. 91–605, §106(e), inserted reference to the Federal-aid urban system.

Subsec. (d). Pub. L. 91–605, §142, added subsec. (d).

1963—Subsec. (c). Pub. L. 88–157 substituted ‘‘a project

financed with Federal-aid primary, secondary, or urban

funds’’ for ‘‘the project’’ and provided for limitation, on

items included in estimates for construction engineering on projects financed with Federal-aid primary, secondary, or urban funds, of 15 percent of total estimated

cost of the project where found by the Secretary to be

necessary and for 10-percent limitation on projects financed with interstate funds.

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.

STUDY OF VALUE ENGINEERING

Section 1091 of Pub. L. 102–240 provided that:

‘‘(a) STUDY.—The Secretary shall study the effectiveness and benefits of value engineering review programs

applied to Federal-aid highway projects. Such study

shall include an analysis of and the results of specialized techniques utilized in all facets of highway construction for the purpose of reduction of costs and improvement of the overall quality of Federal-aid highway projects.

‘‘(b) REPORT.—Not later than 1 year after the date of

the enactment of this Act [Dec. 18, 1991], the Secretary

shall report to Congress on the results of the study

under subsection (a), including recommendations on

how value engineering could be utilized and improved

in Federal-aid highway projects.’’

MODIFICATION OF PROJECT AGREEMENTS TO

EFFECTUATE REQUIREMENT OF FOUR-LANES OF TRAFFIC

Pub. L. 89–574, §5(b), Sept. 13, 1966, 80 Stat. 767, as

amended by Pub. L. 97–449, §2(a), Jan. 12, 1983, 96 Stat.

2439, authorized Secretary to modify project agreements entered into prior to Sept. 13, 1966, pursuant to

section 106 of this title for purpose of effectuating

amendment made by this section (amending section

109(b) of this title to add a requirement of four lanes of

traffic) with respect to as much of National System of

Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways]

as may be possible.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 109, 112, 117, 121,

143 of this title; title 40 App. section 201.

§ 107. Acquisition of rights-of-way—Interstate

System

(a) In any case in which the Secretary is requested by a State to acquire lands or interests

in lands (including within the term ‘‘interests in

lands’’, the control of access thereto from adjoining lands) required by such State for rightof-way or other purposes in connection with the

prosecution of any project for the construction,

reconstruction, or improvement of any section

of the Interstate System, the Secretary is authorized, in the name of the United States and

prior to the approval of title by the Attorney

General, to acquire, enter upon, and take possession of such lands or interests in lands by purchase, donation, condemnation, or otherwise in

accordance with the laws of the United States

(including the Act of February 26, 1931, 46 Stat.

1421), if—
Page 51 TITLE 23—HIGHWAYS § 108

1See References in Text note below.

(1) the Secretary has determined either that

the State is unable to acquire necessary lands

or interests in lands, or is unable to acquire

such lands or interests in lands with sufficient

promptness; and

(2) the State has agreed with the Secretary

to pay, at such time as may be specified by the

Secretary an amount equal to 10 per centum of

the costs incurred by the Secretary, in acquiring such lands or interests in lands, or such

lesser percentage which represents the State’s

pro rata share of project costs as determined

in accordance with subsection (c) 1 of section

120 of this title.

The authority granted by this section shall

also apply to lands and interests in lands received as grants of land from the United States

and owned or held by railroads or other corporations.

(b) The costs incurred by the Secretary in acquiring any such lands or interests in lands may

include the cost of examination and abstract of

title, certificate of title, advertising, and any

fees incidental to such acquisition. All costs incurred by the Secretary in connection with the

acquisition of any such lands or interests in

lands shall be paid from the funds for construction, reconstruction, or improvement of the

Interstate System apportioned to the State

upon the request of which such lands or interests in lands are acquired, and any sums paid to

the Secretary by such State as its share of the

costs of acquisition of such lands or interests in

lands shall be deposited in the Treasury to the

credit of the appropriation for Federal-aid highways and shall be credited to the amount apportioned to such State as its apportionment of

funds for construction, reconstruction, or improvement of the Interstate System, or shall be

deducted from other moneys due the State for

reimbursement from funds authorized to be appropriated under section 108(b) of the FederalAid Highway Act of 1956.

(c) The Secretary is further authorized and directed by proper deed, executed in the name of

the United States, to convey any such lands or

interests in lands acquired in any State under

the provisions of this section, except the outside

five feet of any such right-of-way in any State

which does not provide control of access, to the

State highway department of such State or such

political subdivision thereof as its laws may provide, upon such terms and conditions as to such

lands or interests in lands as may be agreed

upon by the Secretary and the State highway

department or political subdivisions to which

the conveyance is to be made. Whenever the

State makes provision for control of access satisfactory to the Secretary, the outside five feet

then shall be conveyed to the State by the Secretary, as herein provided.

(d) Whenever rights-of-way, including control

of access, on the Interstate System are required

over lands or interests in lands owned by the

United States, the Secretary may make such arrangements with the agency having jurisdiction

over such lands as may be necessary to give the

State or other person constructing the projects

on such lands adequate rights-of-way and control of access thereto from adjoining lands, and

any such agency is directed to cooperate with

the Secretary in this connection.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 892.)

REFERENCES IN TEXT

Act of February 26, 1931, 46 Stat. 1421, referred to in

subsec. (a), is act Feb. 26, 1931, ch. 307, 46 Stat. 1421, as

amended, known as the Declaration of Taking Act,

which enacted sections 258a to 258e of Title 40, Public

Buildings, Property, and Works. For complete classification of this Act to the Code, see Tables.

Subsection (c) of section 120 of this title, referred to

in subsec. (a)(2), was struck out and a new subsec. (c)

was added by Pub. L. 102–240, title I, §1021(a), Dec. 18,

1991, 105 Stat. 1950.

The Federal-Aid Highway Act of 1956, referred to in

subsec. (b), is act June 29, 1956, ch. 462, 70 Stat. 374. For

complete classification of this Act to the Code, see

Tables. Section 108(b) of the Federal-Aid Highway Act

of 1956 is set out as a note under section 101 of this

title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 section 1770.

§ 108. Advance acquisition of rights-of-way

(a) For the purpose of facilitating the acquisition of rights-of-way on any Federal-aid highway in the most expeditious and economical

manner, and recognizing that the acquisition of

rights-of-way requires lengthy planning and negotiations if it is to be done at a reasonable

cost, the Secretary, upon the request of the

State highway department, is authorized to

make available the funds apportioned to any

State which may be expended on such highway

for acquisition of rights-of-way, in anticipation

of construction and under such rules and regulations as the Secretary may prescribe. The agreement between the Secretary and the State highway department for the reimbursement of the

cost of such rights-of-way shall provide for the

actual construction of a road on such rights-ofway within a period not exceeding 20 years following the fiscal year in which such request is

made unless a longer period is determined to be

reasonable by the Secretary.

(b) Federal participation in the cost of rightsof-way acquired under subsection (a) of this section shall not exceed the Federal pro rata share

applicable to the class of funds from which Federal reimbursement is made.

(c)(1) There is hereby established in the Treasury of the United States a revolving fund to be

known as the right-of-way revolving fund which

shall be administered by the Secretary in carrying out the provisions of this subsection. Sums

authorized to be appropriated to the right-ofway revolving fund shall be available for expenditure without regard to the fiscal year for which

such sums are authorized.

(2) For the purpose of acquiring rights-of-way

for future construction of highways and passenger transit facilities on any Federal-aid system and for making payments for the moving or

relocation of persons, businesses, farms, and

other existing uses of real property caused by

the acquisition of such rights-of-way, in addition to the authority contained in subsection (a)

of this section, the Secretary, upon request of a