§ 105 TITLE 23—HIGHWAYS Page 48

1So in original. Probably should be ‘‘(i)’’.

of this section [to subsecs. (b)(1), (2), (6), (c) and (d) of

this section] no State (other than the District of Columbia) shall receive an apportionment for the primary

system which is less than the apportionment which

such State received for such system for the fiscal year

ending June 30, 1973. In order to carry out this subsection, there is authorized to be appropriated out of

the Highway Trust Fund for the Federal-aid primary

system, an additional $17,000,000 for the fiscal year ending June 30, 1974, and $15,000,000 per fiscal year for the

fiscal years ending June 30, 1975, and June 30, 1976.’’

SECTION 102(a) OF THE FEDERAL-AID HIGHWAY ACT OF

1956

Act June 29, 1956, ch. 462, title I, §102(a), 70 Stat. 374,

authorized, for the purpose of carrying out the provisions of the Federal-Aid Road Act approved July 11,

1916, additional appropriations of $125,000,000 for the fiscal year ending June 30, 1957, $850,000,000 for the fiscal

year ending June 30, 1958, and $875,000,000 for the fiscal

year ending June 30, 1959, and provided for the percentage allocation of these funds for primary, secondary

and urban systems and the manner of apportionment

among the States.

APPROVAL OF ESTIMATE OF COST OF COMPLETING THE

INTERSTATE SYSTEM AS BASIS FOR APPORTIONMENT

OF FUNDS FOR FISCAL YEARS 1963 TO 1966

Pub. L. 87–61, title I, §102, June 29, 1961, 75 Stat. 122,

approved the estimate of cost of completing the Interstate System in each State, transmitted to the Congress on Jan. 11, 1961, as the basis for making the apportionment of funds authorized for the fiscal years

ending June 30, 1963, 1964, 1965, and 1966.

APPROVAL OF ESTIMATE OF COST OF COMPLETING THE

INTERSTATE SYSTEM AS BASIS FOR APPORTIONMENT

OF FUNDS FOR FISCAL YEARS 1960–1962

Pub. L. 85–381, §8, Apr. 16, 1958, 72 Stat. 94, as amended by Pub. L. 85–899, §1, Sept. 2, 1958, 72 Stat. 1725; Pub.

L. 86–342, title I, §103, Sept. 21, 1959, 73 Stat. 611, approved the estimate of cost of completing the Interstate System in each State, transmitted to the Congress on Jan. 7, 1958, as the basis for making the apportionment of funds authorized for the fiscal years ending

June 30, 1960, 1961, and 1962.

APPORTIONMENTS FOR SUBSEQUENT YEARS BASED ON

REVISED ESTIMATES OF COST

Act June 29, 1956, ch. 462, title I, §108(d), 70 Stat. 379,

as amended by act Sept. 2, 1958, Pub. L. 85–899, §2, 72

Stat. 1725, provided that the sums authorized for the

fiscal years 1960 through 1969 be apportioned among the

several States in the ratio which the estimated cost of

completing the Interstate System had to the sum of

the estimated cost of completing the Interstate System

in all of the States, and required the Secretary of Commerce, in cooperation with State highway departments,

to make detailed revised estimates of the cost of completion of the system and to supply Congress with such

revised estimate.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 103, 115, 118,

119, 120, 126, 127, 130, 131, 133, 134, 136, 137, 139, 140, 141,

142, 146, 149, 150, 151, 152, 153, 157, 158, 159, 160, 161, 204,

217, 303, 307, 309, 311, 321, 326 of this title; title 49 sections 5305, 5504, 31314.

§ 105. Programs

(a) As soon as practicable after the apportionments for the Federal-aid systems have been

made for any fiscal year, the State highway department of any State desiring to avail itself of

the benefits of this chapter shall submit to the

Secretary for his approval a program or programs of proposed projects for the utilization of

the funds apportioned. The Secretary shall act

upon programs submitted to him as soon as

practicable after the same have been submitted.

The Secretary may approve a program in whole

or in part, but he shall not approve any project

in a proposed program which is not located upon

an approved Federal-aid system.

(b) In approving programs for projects on the

Federal-aid secondary system, the Secretary

shall require that such projects be selected by

the State highway department and the appropriate local officials in cooperation with each

other, except in States where all public roads

and highways are under the control and supervision of the State highway department such selection shall be made after consultation with appropriate local officials.

(c) In approving programs for projects on the

Federal-aid primary system, the Secretary shall

give preference to such projects as will expedite

the completion of an adequate and connected

system of highways interstate in character.

(d) In approving programs for projects on the

Federal-aid urban system, the Secretary shall

require that such projects be selected by the appropriate local officials with the concurrence of

the State highway department of each State

and, in urbanized areas, also in accordance with

the planning process required pursuant to section 134 of this title.

(e) In approving programs for projects under

this chapter, the Secretary may give priority of

approval to, and expedite the construction of,

projects that are recommended as important to

the national defense by the Secretary of Defense, or other official authorized by the President to make such recommendation.

(f) In approving programs for projects on the

Federal-aid systems pursuant to chapter 1 of

this title, the Secretary shall give priority to

those projects which incorporate improved

standards and features with safety benefits.

(g) In preparing programs to submit in accordance with subsection (a) of this section, the

State highway departments shall give consideration to projects providing direct and convenient public access to public airports, public

ports for water transportation, new town communities, and new town-intown communities,

and in approving such programs the Secretary

shall give consideration to such projects.

(h) In preparing programs to submit in accordance with subsection (a) of this section, the

State highway departments may give priority to

projects for the reconstruction, resurfacing, restoration, or rehabilitation of highways which

are incurring a substantial use as a result of

transportation activities to meet national energy requirements and which will continue to

incur such use, and in approving such programs

the Secretary may give priority to such

projects.

(k) 1 PRIORITY FOR HIGH PRIORITY SEGMENTS OF

CORRIDORS OF NATIONAL SIGNIFICANCE.—In selecting projects for inclusion in a program of

projects under this section, the State may give

priority to high priority segments of corridors

identified under section 1105(f) of the Intermodal

Surface Transportation Efficiency Act of 1991. In
Page 49 TITLE 23—HIGHWAYS § 106

approving programs of projects under this section, the Secretary may give priority of approval to, and expedite construction of, projects

to complete construction of such segments.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 891; Pub. L.

86–624, §17(b), July 12, 1960, 74 Stat. 415; Pub. L.

89–564, title II, §206, Sept. 9, 1966, 80 Stat. 736;

Pub. L. 91–605, title I, §§106(d), 132, Dec. 31, 1970,

84 Stat. 1717, 1732; Pub. L. 93–87, title I, §109(b),

Aug. 13, 1973, 87 Stat. 255; Pub. L. 95–599, title I,

§§111, 112, Nov. 6, 1978, 92 Stat. 2696; Pub. L.

97–424, title I, §109(a), Jan. 6, 1983, 96 Stat. 2104;

Pub. L. 102–240, title I, §1105(g)(7), Dec. 18, 1991,

105 Stat. 2036.)

REFERENCES IN TEXT

Section 1105(f) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (k),

is section 1105(f) of Pub. L. 102–240, which is not classified to the Code.

AMENDMENTS

1991—Subsec. (k). Pub. L. 102–240 added subsec. (k).

1983—Subsec. (h). Pub. L. 97–424 added subsec. (h).

1978—Subsec. (b). Pub. L. 95–599, §111, inserted provision relating to selection of program projects after consultation with local officials in situations where public

roads and highways are under control and supervision

of State highway departments.

Subsec. (g). Pub. L. 95–599, §112, substituted ‘‘public

airports, public ports for water transportation, new

town communities, and new town-intown communities,’’ for ‘‘public airports and public ports for water

transportation,’’.

1973—Subsec. (d). Pub. L. 93–87 substituted ‘‘projects

be selected by the appropriate local officials with the

concurrence of the State highway department of each

State and, in urbanized areas, also in accordance with

the planning process required pursuant to section 134 of

this title’’, for ‘‘projects be selected by the appropriate

local officials and the State highway department in cooperation with each other’’.

1970—Subsecs. (d) to (f). Pub. L. 91–605, §106(d), added

subsec. (d) and redesignated former subsecs. (d) and (e)

as (e) and (f), respectively.

Subsec. (g). Pub. L. 91–605, §132, added subsec. (g).

1966—Subsec. (e). Pub. L. 89–564 added subsec. (e).

1960—Subsec. (e). Pub. L. 86–624 repealed subsec. (e)

which required the Secretary, in approving programs in

Hawaii, to give preference to such projects as will expedite the completion of highways for the national defense or which will connect seaports with units of the

national parks.

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.

ACCELERATION OF PROJECTS

Section 129 of Pub. L. 97–424 provided that: ‘‘The Secretary of Transportation shall by rule or regulation establish, as soon as practicable, alternative methods for

processing projects under title 23, United States Code,

so as to reduce the time required from the request for

project approval through the completion of construction. In carrying out this section the Secretary shall

utilize the knowledge and experience resulting from

the demonstration project authorized by and carried

out under section 141 of the Federal-Aid Highway Act

of 1976 [Pub. L. 94–280, title I, §141, May 5, 1976, 90 Stat.

444, set out as a note under section 124 of this title].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 117, 131, 140, 143,

150 of this title.

§ 106. Plans, specifications, and estimates

(a) Except as provided in this section and section 117 of this title, the State highway department shall submit to the Secretary for his approval, as soon as practicable after program approval, such surveys, plans, specifications, and

estimates for each proposed project included in

an approved program as the Secretary may require. The Secretary shall act upon such surveys, plans, specifications, and estimates as

soon as practicable after the same have been

submitted, and his approval of any such project

shall be deemed a contractual obligation of the

Federal Government for the payment of its proportional contribution thereto. In taking such

action, the Secretary shall be guided by the provisions of section 109 of this title.

(b) SPECIAL RULES.—

(1) 3R PROJECTS ON NHS.—Notwithstanding

any other provision of this title, a State highway department may approve, on a project by

project basis, plans, specifications, and estimates for projects to resurface, restore, and

rehabilitate highways on the National Highway System if the State certifies that all

work will meet or exceed the standards approved by the Secretary under section 109(c).

(2) NON-NHS PROJECTS AND LOW-COST NHS

PROJECTS.—Any State may request that the

Secretary no longer review and approve plans,

specifications, and estimates for any project

(including any highway project on the National Highway System with an estimated

construction cost of less than $1,000,000 but excluding any other highway project on the National Highway System). After receiving any

such notification, the Secretary shall undertake project review only as requested by the

State.

(3) SAFETY CONSIDERATIONS.—Safety considerations for projects subject to this subsection

may be met by phase construction consistent

with an operative safety management system

established in accordance with section 303.

(c) LIMITATION ON ESTIMATES FOR CONSTRUCTION ENGINEERING.—Items included in all such

estimates for construction engineering for a

State for a fiscal year shall not exceed, in the

aggregate, 15 percent of the total estimated

costs of all projects financed within the boundaries of the State with Federal-aid highway

funds in such fiscal year, after excluding from

such total estimate costs, the estimated costs of

rights-of-way, preliminary engineering, and construction engineering.

(d) In such cases as the Secretary determines

advisable, plans, specifications, and estimates

for proposed projects on any Federal-aid system

shall be accompanied by a value engineering or

other cost reduction analysis.

(e) LIFE-CYCLE COST ANALYSIS.—

(1) ESTABLISHMENT.—The Secretary shall establish a program to require States to conduct

an analysis of the life-cycle costs of each usable project segment on the National Highway

System with a cost of $25,000,000 or more.