Page 119 TITLE 23—HIGHWAYS § 143

‘‘(a) The Secretary of Transportation shall require

that buses acquired with Federal financial assistance

under (1) subsection (a) or (c) of section 142 of title 23,

United States Code, (2) paragraph (4) of subsection (e)

of section 103, title 23, United States Code, or (3) section 147 of the Federal-aid Highway Act of 1973 [set out

as a note under this section] meet the standards prescribed by the Administrator of the Environmental

Protection Agency under section 202 of the Clean Air

Act [section 7521 of Title 42, The Public Health and

Welfare], and under section 6 of the Noise Control Act

of 1972 [section 4905 of Title 42], and shall authorize the

acquisition, wherever practicable, of buses which meet

the special criteria for low-emission vehicles set forth

in section 212 of the Clean Air Act [section 7546 of Title

42], and for low-noise-emission products set forth in

section 15 of the Noise Control Act of 1972 [section 4914

of Title 42].

‘‘(b) The Secretary of Transportation shall require

that projects receiving Federal financial assistance

under (1) subsection (a) or (c) of section 142 of title 23,

United States Code, (2) paragraph (4) of subsection (e)

of section 103, title 23, United States Code, or (3) section 147 of the Federal-Aid Highway Act of 1973 [set out

as a note above] shall be planned, designed, constructed, and operated to allow effective utilization by

elderly or handicapped persons who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, including those who are nonambulatory wheelchair-bound

and those with semiambulatory capabilities, are unable

without special facilities or special planning or design

to utilize such facilities and services effectively. The

Secretary shall not approve any program or project to

which this section applies which does not comply with

the provisions of this subsection requiring access to

public mass transportation facilities, equipment, and

services for elderly or handicapped persons.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 156 of this title;

title 15 section 794; title 49 section 5323.

§ 143. Economic growth center development

highways

(a) In order to promote the desirable development of the Nation’s natural resources, to revitalize and diversify the economy of rural areas

and smaller communities, to enhance and disperse industrial growth, to encourage more balanced population patterns, to check, and, where

possible, to reverse current migratory trends

from rural areas and smaller communities, and

to improve living conditions and the quality of

the environment, the Secretary is authorized to

make grants to States for projects for the construction, reconstruction, and improvement of

development highways on a Federal-aid system

(other than the Interstate System) to serve and

promote the development of economic growth

centers and surrounding areas, encourage the location of business and industry in rural areas,

facilitate the mobility of labor in sparsely populated areas, and provide rural citizens with improved highways to such public and private services as health care, recreation, employment,

education, and cultural activities, or otherwise

encourage the social and economic development

of rural communities, and for planning, surveys,

and investigations in connection therewith.

(b) Each Governor may transmit to the Secretary his recommendations for (1) the selection

of economic growth centers within the State, (2)

priorities for the construction of development

highways on a Federal-aid system (other than

the Interstate System) to serve such centers,

and (3) such other information as may be required by the Secretary, for his consideration in

approving the selection of economic growth centers for projects.

(c) Upon the application of the State highway

department of any State in which an economic

growth center approved by the Secretary as eligible for a project is located, the Secretary is

authorized to pay up to 100 per centum of the

cost of engineering and economic surveys or

other investigations necessary for the planning

and design of development highways on a Federal-aid system (other than the Interstate System) needed to provide appropriate access to

such growth center, including publicly owned

airport facilities and public ports for water

transportation which may be established to

serve it, in order to carry out the purposes of

this section.

(d) Except as otherwise provided in this section, all of the provisions of this title applicable

to highways on the Federal-aid system on which

such development highway is located except

those which the Secretary determines are inconsistent with this section shall apply to development highways and to funds authorized to carry

out this section. For the purposes of sections

105, 106, and 118 of this title, funds authorized to

carry out this section shall be deemed to be apportioned on January 1 next preceding the commencement of the fiscal year for which authorized. No State shall receive in any fiscal year

more than 15 per centum of the funds authorized

to carry out this section for such fiscal year.

(e) Except as otherwise provided in subsection

(c) of this section, 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.

(f)(1) Except in the case of a project subject to

paragraph (2) of this subsection, no project shall

be approved by the Secretary under this section

until he has determined that such project will

promote the aims and purposes set forth in subsection (a) of this section and that the economic

growth center to be benefited will meet such criteria as he, after consultation with the Secretary of Commerce, deems necessary, including, but not limited to, the following: (1) growth

centers shall be geographically and economically capable of contributing significantly to

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

hundred thousand according to the latest available Federal census. In approving projects the

Secretary shall give preference to those areas

offering the most potential for future economic

growth.

(2) In the case of a project proposed to be conducted within the Appalachian region as defined

in section 403 of the Appalachian Regional Development Act of 1965, no project shall be approved by the Secretary under this section until

he shall have consulted with the Federal Cochairman of the Appalachian Regional Commission. In the case of a project proposed to be conducted within an economic development region
§ 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