§ 149 TITLE 23—HIGHWAYS Page 128

(3) the Great River Road be marked with

uniform identifying signs;

(4) effective control, as defined in section 131

of this title, of signs, displays, and devices will

be provided along the Great River Road;

(5) the provisions of section 129(a) of this

title shall not apply to any bridge or tunnel on

the Great River Road and no fees shall be

charged for the use of any facility constructed

with assistance under this section, except for

parks, recreational areas, and historical sites

operated by State or local governments where

admission fees may be charged to cover operational costs.

(b) For the purpose of this section, the term

‘‘construction’’ includes the acquisition of areas

of historical, archeological, or scientific interest, necessary easements for scenic purposes,

and the construction or reconstruction of roadside rest areas (including appropriate recreational facilities), scenic viewing areas, and

other appropriate facilities as determined by the

Secretary.

(c) Highways constructed or reconstructed

pursuant to this section (except subsection (f))

shall be part of the Federal-aid system.

(d) Funds appropriated for each fiscal year

pursuant to subsection (g) shall be apportioned

among the ten States bordering the Mississippi

River on the basis of their relative needs as determined by the Secretary for payments to

carry out this section.

(e) The Federal share of the cost of any project

for any construction or reconstruction pursuant

to the preceding subsections of this section shall

be that provided in section 120 of this title for

the Federal-aid system on which such project is

located, and if such project is not on such a system, such share shall be 75 per centum of such

cost.

(f) The Secretary is authorized to consult with

the heads of other Federal departments and

agencies having jurisdiction over Federal lands

open to the public in order to enter into appropriate arrangements for necessary construction

or reconstruction of highways on such lands to

carry out this section. Highways constructed or

reconstructed by a State pursuant to this section which are not on a Federal-aid system, and

highways constructed or reconstructed under

this subsection, shall be subject to the criteria

applicable to highways constructed or reconstructed pursuant to subsection (c) of this section. Funds authorized pursuant to subsection

(g) shall be used to pay the entire cost of construction or reconstruction pursuant to the first

sentence of this subsection.

(g) There is authorized to be appropriated to

carry out this section, out of the Highway Trust

Fund, for construction or reconstruction of

roads on a Federal-aid highway system, not to

exceed $10,000,000 for the fiscal year ending June

30, 1974, $25,000,000 for the fiscal year ending

June 30, 1975, and $25,000,000 for the fiscal year

ending June 30, 1976, for allocations to the

States pursuant to this section, and there is authorized to be appropriated to carry out this section out of any money in the Treasury not

otherwise appropriated, not to exceed $10,000,000

for each of the fiscal years ending June 30, 1974,

June 30, 1975, and June 30, 1976, for construction

and reconstruction of roads not on a Federal-aid

highway system.

(h) The Secretary is authorized to provide for

the construction of such spur highways as he determines necessary to connect the Great River

Road, by the most direct feasible routes, with

existing bridges across the Mississippi for the

purpose of providing persons traveling such road

with access to significant scenic, historical, recreational, or archeological features on the opposite side of the Mississippi River from the Great

River Road.

(Added Pub. L. 93–87, title I, §129(b), Aug. 13,

1973, 87 Stat. 265; amended Pub. L. 95–599, title I,

§§125, 129(d), Nov. 6, 1978, 92 Stat. 2705, 2707.)

REFERENCES IN TEXT

The date of enactment of this section, referred to in

subsec. (a), means Aug. 13, 1973, the date of approval of

Pub. L. 93–87.

AMENDMENTS

1978—Subsec. (a)(5). Pub. L. 95–599, §125(b), inserted

provision authorizing charging of a fee in certain cases

to cover operational costs.

Subsec. (e). Pub. L. 95–599, §129(d), substituted ‘‘75 per

centum’’ for ‘‘70 per centum’’.

Subsec. (h). Pub. L. 95–599, §125(a), added subsec. (h).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by section 129(d) of Pub. L. 95–599 effective with respect to obligations incurred after Nov. 6,

1978, see section 129(h) of Pub. L. 95–599, set out as a

note under section 120 of this title.

§ 149. Congestion mitigation and air quality improvement program

(a) ESTABLISHMENT.—The Secretary shall establish a congestion mitigation and air quality

improvement program in accordance with this

section.

(b) ELIGIBLE PROJECTS.—Except as provided in

subsection (c), a State may obligate funds apportioned to it under section 104(b)(2) for the

congestion mitigation and air quality improvement program only for a transportation project

or program if the project or program is for an

area in the State that was designated as a nonattainment area under section 107(d) of the

Clean Air Act (42 U.S.C. 7407(d)) during any part

of fiscal year 1994 and—

(1)(A) if the Secretary, after consultation

with the Administrator of the Environmental

Protection Agency, determines, on the basis of

information published by the Environmental

Protection Agency pursuant to section

108(f)(1)(A) of the Clean Air Act (other than

clauses (xii) and (xvi) of such section), that

the project or program is likely to contribute

to—

(i) the attainment of a national ambient

air quality standard; or

(ii) the maintenance of a national ambient

air quality standard in an area that was designated as a nonattainment area but that

was later redesignated by the Administrator

of the Environmental Protection Agency as

an attainment area under section 107(d) of

the Clean Air Act (42 U.S.C. 7407(d)); or

(B) in any case in which such information is

not available, if the Secretary, after such con-
Page 129 TITLE 23—HIGHWAYS § 149

sultation, determines that the project or program is part of a program, method, or strategy

described in such section;

(2) if the project or program is included in a

State implementation plan that has been approved pursuant to the Clean Air Act and the

project will have air quality benefits;

(3) the Secretary, after consultation with

the Administrator of the Environmental Protection Agency, determines that the project or

program is likely to contribute to the attainment of a national ambient air quality standard, whether through reductions in vehicle

miles traveled, fuel consumption, or through

other factors; or

(4) to establish or operate a traffic monitoring, management, and control facility or program if the Secretary, after consultation with

the Administrator of the Environmental Protection Agency, determines that the facility

or program is likely to contribute to the attainment of a national ambient air quality

standard.

No funds may be provided under this section for

a project which will result in the construction of

new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility available to single occupant vehicles only at other than peak travel

times. In areas of a State which are nonattainment for ozone or carbon monoxide, or both, and

for PM–10 resulting from transportation activities, the State may obligate such funds for any

project or program under paragraph (1) or (2)

without regard to any limitation of the Department of Transportation relating to the type of

ambient air quality standard such project or

program addresses.

(c) STATES WITHOUT A NONATTAINMENT AREA.—

If a State does not have a nonattainment area

for ozone or carbon monoxide under the Clean

Air Act located within its borders, the State

may use funds apportioned to it under section

104(b)(2) for any project eligible for assistance

under the surface transportation program.

(d) APPLICABILITY OF PLANNING REQUIREMENTS.—Programming and expenditure of funds

for projects under this section shall be consistent with the requirements of sections 134 and 135

of this title.

(Added Pub. L. 93–87, title I, §142(a), Aug. 13,

1973, 87 Stat. 272; amended Pub. L. 102–240, title

I, §1008(a), Dec. 18, 1991, 105 Stat. 1932; Pub. L.

102–388, title III, §380, Oct. 6, 1992, 106 Stat. 1562;

Pub. L. 104–59, title III, §319(a)(1), (b), Nov. 28,

1995, 109 Stat. 588, 589; Pub. L. 104–88, title IV,

§405(a)(2), (b), Dec. 29, 1995, 109 Stat. 956, 957.)

REFERENCES IN TEXT

The Clean Air Act, referred to in subsecs. (b)(1)(A), (2)

and (c), is act July 14, 1955, ch. 360, 69 Stat. 322, as

amended, which is classified generally to chapter 85

(§7401 et seq.) of Title 42, The Public Health and Welfare. Section 108(f)(1)(A) of the Act is classified to section 7408(f)(1)(A) of Title 42. For complete classification

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

under section 7401 of Title 42 and Tables.

AMENDMENTS

1995—Subsec. (b). Pub. L. 104–59, §319(a)(1)(A), in introductory provisions, inserted ‘‘if the project or program is for an area in the State that was designated as

a nonattainment area under section 107(d) of the Clean

Air Act (42 U.S.C. 7407(d)) during any part of fiscal year

1994 and’’ after ‘‘project or program’’.

Subsec. (b)(1)(A). Pub. L. 104–59, §319(a)(1)(B), substituted ‘‘contribute to—’’ and cls. (i) and (ii) for ‘‘contribute to the attainment of a national ambient air

quality standard; or’’.

Subsec. (b)(2). Pub. L. 104–59, §319(b)(1), struck out

‘‘or’’ at end.

Subsec. (b)(3). Pub. L. 104–88, §405(b)(1), inserted ‘‘or’’

after semicolon at end.

Pub. L. 104–59, §319(b)(2), substituted a semicolon for

period at end.

Subsec. (b)(4). Pub. L. 104–88, §405(b)(2), substituted a

period for ‘‘; or’’ at end.

Pub. L. 104–59, §319(b)(3), as amended by Pub. L.

104–88, §405(a)(2), added par. (4).

1992—Subsec. (b). Pub. L. 102–388 inserted at end ‘‘In

areas of a State which are nonattainment for ozone or

carbon monoxide, or both, and for PM–10 resulting from

transportation activities, the State may obligate such

funds for any project or program under paragraph (1) or

(2) without regard to any limitation of the Department

of Transportation relating to the type of ambient air

quality standard such project or program addresses.’’

1991—Pub. L. 102–240 substituted section catchline for

one which read: ‘‘Truck lanes’’ and amended text generally. Prior to amendment, text read as follows: ‘‘The

Secretary may approve as a project on any Federal-aid

system the construction of exclusive or preferential

truck lanes.’’

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by section 405(b) of Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out

as an Effective Date note under section 701 of Title 49,

Transportation.

Section 405(a) of Pub. L. 104–88 provided that the

amendment made by that section is effective Nov. 28,

1995.

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.

EFFECT OF LIMITATION ON APPORTIONMENT

Notwithstanding any other provision of law, for each

of fiscal years 1996 and 1997, amendment by section

319(a)(1) of Pub. L. 104–59 not to affect any apportionment adjustments under section 1015 of the Intermodal

Surface Transportation Efficiency Act of 1991, Pub. L.

102–240, see section 319(c) of Pub. L. 104–59, set out as a

note under section 104 of this title.

CONGESTION PRICING PILOT PROGRAM

Section 1012(b) of Pub. L. 102–240, as amended by Pub.

L. 104–59, title III, §325(e), Nov. 28, 1995, 109 Stat. 592,

provided that:

‘‘(1) The Secretary shall solicit the participation of

State and local governments and public authorities for

one or more congestion pricing pilot projects. The Secretary may enter into cooperative agreements with as

many as 5 such State or local governments or public

authorities to establish, maintain, and monitor congestion pricing projects.

‘‘(2) Notwithstanding section 129 of title 23, United

States Code, the Federal share payable for such programs shall be 80 percent. The Secretary shall fund all

of the development and other start up costs of such

projects, including salaries and expenses, for a period of

at least 1 year, and thereafter until such time that sufficient revenues are being generated by the program to

fund its operating costs without Federal participation,
§ 150 TITLE 23—HIGHWAYS Page 130

except that the Secretary may not fund any project for

more than 3 years.

‘‘(3) Revenues generated by any pilot project under

this subsection must be applied to projects eligible

under such title.

‘‘(4) Notwithstanding sections 129 and 301 of title 23,

United States Code, the Secretary shall allow the use

of tolls on the Interstate System as part of a pilot program under this section [amending section 129 of this

title and enacting provisions set out as a note under

section 129 of this title], but not on more than 3 of such

programs.

‘‘(5) The Secretary shall monitor the effect of such

projects for a period of at least 10 years, and shall report to the Committee on Environment and Public

Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives every 2 years on the effects such programs are

having on driver behavior, traffic, volume, transit ridership, air quality, and availability of funds for transportation programs.

‘‘(6) Of the sums made available to the Secretary pursuant to section 104(a) of title 23, United States Code,

not to exceed $25,000,000 shall be made available each

fiscal year to carry out the requirements of this subsection. Not more than $15,000,000 of such amounts shall

be made available to carry out each pilot project under

this section.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 117 of this title.

§ 150. Allocation of urban system funds

The funds apportioned to any State under

paragraph (6) of subsection (b) of section 104 of

this title that are attributable to urbanized

areas of 200,000 population or more shall be made

available for expenditure in such urbanized

areas for projects in programs approved under

subsection (d) of section 105 of this title in accordance with a fair and equitable formula developed by the State which formula has been approved by the Secretary. Such formula shall

provide for fair and equitable treatment of incorporated municipalities of 200,000 or more population. Whenever such a formula has not been

developed and approved for a State, the funds

apportioned to any State under paragraph (6) of

subsection (b) of section 104 of this title which

are attributable to urbanized areas having a

population of 200,000 or more shall be allocated

among such urbanized areas within such State

for projects in programs approved under subsection (d) of section 105 of this title in the ratio

that the population within each such urbanized

area bears to the population of all such urbanized areas, or parts thereof, within such State.

In the expenditure of funds allocated under the

preceding sentence, fair and equitable treatment

shall be accorded incorporated municipalities of

200,000 or more population. Funds allocated to

an urbanized area under the provisions of this

section may, at the request of the Governor and

upon approval of the appropriate local officials

of the area and the Secretary, be transferred to

the allocation of another such area in the State

or to the State for use in any urban area.

(Added Pub. L. 93–87, title I, §157(a), Aug. 13,

1973, 87 Stat. 277; amended Pub. L. 97–424, title I,

§124, Jan. 6, 1983, 96 Stat. 2113.)

AMENDMENTS

1983—Pub. L. 97–424 inserted provision at end that

funds allocated to an urbanized area under the provisions of this section may, at the request of the Governor and upon approval of the appropriate local officials of the area and the Secretary, be transferred to

the allocation of another such area in the State or to

the State for use in any urban area.

§ 151. National bridge inspection program

(a) NATIONAL BRIDGE INSPECTION STANDARDS.—

The Secretary, in consultation with the State

highway departments and interested and knowledgeable private organizations and individuals,

shall establish national bridge inspection standards for the proper safety inspection and evaluation of all highway bridges.

(b) MINIMUM REQUIREMENTS OF INSPECTION

STANDARDS.—The standards established under

subsection (a) shall, at a minimum—

(1) specify, in detail, the method by which

such inspections shall be carried out by the

States;

(2) establish the maximum time period between inspections;

(3) establish the qualification for those

charged with carrying out the inspections;

(4) require each State to maintain and make

available to the Secretary upon request—

(A) written reports on the results of highway bridge inspections together with notations of any action taken pursuant to the

findings of such inspections; and

(B) current inventory data for all highway

bridges reflecting the findings of the most

recent highway bridge inspections conducted; and

(5) establish a procedure for national certification of highway bridge inspectors.

(c) TRAINING PROGRAM FOR BRIDGE INSPECTORS.—The Secretary, in cooperation with the

State highway departments, shall establish a

program designed to train appropriate governmental employees to carry out highway bridge

inspections. Such training program shall be revised from time to time to take into account

new and improved techniques.

(d) AVAILABILITY OF FUNDS.—To carry out this

section, the Secretary may use funds made

available pursuant to the provisions of section

104(a), section 307(a), and section 144 of this

title.

(Added Pub. L. 100–17, title I, §125(a), Apr. 2,

1987, 101 Stat. 166.)

PRIOR PROVISIONS

A prior section 151, added Pub. L. 93–87, title II,

§205(a), Aug. 13, 1973, 87 Stat. 284; amended Pub. L.

94–280, title II, §207, May 5, 1976, 90 Stat. 454; Pub. L.

95–599, title I, §127, Nov. 6, 1978, 92 Stat. 2707; Pub. L.

96–470, title II, §209(c), Oct. 19, 1980, 94 Stat. 2245; Pub.

L. 97–375, title I, §111(a), Dec. 21, 1982, 96 Stat. 1821, related to a pavement marking demonstration program,

prior to repeal by Pub. L. 100–17, title I, §125(a), Apr. 2,

1987, 101 Stat. 166.

§ 152. Hazard elimination program

(a) Each State shall conduct and systematically maintain an engineering survey of all public roads to identify hazardous locations, sections, and elements, including roadside obstacles and unmarked or poorly marked roads,

which may constitute a danger to motorists and

pedestrians, assign priorities for the correction