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23 U.S.C. § 115 — Advance construction
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary may authorize a State to proceed with a project authorized under this title—
(1) without the use of Federal funds; and
(2) in accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project—
(A) with the aid of Federal funds previously apportioned or allocated to the State; or
(B) with obligation authority previously allocated to the State.
**(b) Obligation of Federal Share.—** The Secretary, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible.
**(c) Inclusion in Transportation Improvement Program.—** The Secretary may approve an application for a project under this section only if the project is included in the transportation improvement program of the State developed under section 135(g).
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Source file: Laws/federal/codes/united-states-code/title-23/section-115-advance-construction--0c3d8fe597.md
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Source location: Title 23, Chapter 1, § 115; chapter-001-federal-aid-highways.md
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**(a) In General.—** The Secretary may authorize a State to proceed with a project authorized under this title—
(1) without the use of Federal funds; and
(2) in accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project—
(A) with the aid of Federal funds previously apportioned or allocated to the State; or
(B) with obligation authority previously allocated to the State.
**(b) Obligation of Federal Share.—** The Secretary, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible.
**(c) Inclusion in Transportation Improvement Program.—** The Secretary may approve an application for a project under this section only if the project is included in the transportation improvement program of the State developed under section 135(g).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary shall ensure that the plans and specifications for each proposed highway project under this chapter provide for a facility that will—
(1) adequately serve the existing and planned future traffic of the highway in a manner that is conducive to safety, durability, and economy of maintenance; and
(2) be designed and constructed in accordance with criteria best suited to accomplish the objectives described in paragraph (1) and to conform to the particular needs of each locality.
**(b)** The geometric and construction standards to be adopted for the Interstate System shall be those approved by the Secretary in cooperation with the State transportation departments. Such standards, as applied to each actual construction project, shall be adequate to enable such project to accommodate the types and volumes of traffic anticipated for such project for the twenty-year period commencing on the date of approval by the Secretary, under [section 106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section106&num=0&edition=prelim), of the plans, specifications, and estimates for actual construction of such project. Such standards shall in all cases provide for at least four lanes of traffic. The right-of-way width of the Interstate System shall be adequate to permit construction of projects on the Interstate System to such standards. The Secretary shall apply such standards uniformly throughout all the States.
**(c) Design Criteria for National Highway System.—**
(1) **In general.—** — A design for new construction, reconstruction, resurfacing (except for maintenance resurfacing), restoration, or rehabilitation of a highway on the National Highway System (other than a highway also on the Interstate System) shall
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 913; Pub. L. 87–866, § 11, Oct. 23, 1962, 76 Stat. 1148; Pub. L. 88–157, § 6, Oct. 24, 1963, 77 Stat. 277; Pub. L. 89–564, title I, § 103, Sept. 9, 1966, 80 Stat. 735; Pub. L. 91–605, title I, §§ 115(c), 126, 136(c), Dec. 31, 1970, 84 Stat. 1723, 1729, 1735; Pub. L. 93–87, title I, § 151, Aug. 13, 1973, 87 Stat. 276; Pub. L. 96–470, title I, § 112(b)(2), Oct. 19, 1980, 94 Stat. 2239; Pub. L. 97–424, title I, §§ 156(a), (b), (d), 160(a), Jan. 6, 1983, 96 Stat. 2134, 2135; Pub. L. 100–17, title I, §§ 128, 129, 133(b)(17), Apr. 2, 1987, 101 Stat. 167, 169, 172; Pub. L. 102–240, title VI, §§ 6001, 6005, Dec. 18, 1991, 105 Stat. 2162, 2170; Pub. L. 103–429, § 3(10), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–59, title III, § 325(d), Nov. 28, 1995, 109 Stat. 592, related to research and planning.
#### Intelligent Transportation Systems
Pub. L. 102–240, title VI, pt. B, Dec. 18, 1991, 105 Stat. 2189, as amended by Pub. L. 102–388, title IV, § 404, Oct. 6, 1992, 106 Stat. 1564; Pub. L. 104–59, title III, § 338(a), (b), (c)(2), Nov. 28, 1995, 109 Stat. 603, 604; Pub. L. 105–130, § 5(d), Dec. 1, 1997, 111 Stat. 2557, related to Intelligent Transportation Systems Act of 1991, including provisions relating to establishment and scope of program, general authorities and requirements, strategic plan, implementation, and report to Congress, technical, planning, and operational testing project assistance, applications of technology, commercial motor vehicle safety technology, funding, and definitions, prior to repeal by Pub. L. 105–178, title V, § 5213, June 9, 1998, 112 Stat. 463. See Pub. L. 105–178, title V, §§ 5201–5213, June 9, 1998, 112 Stat. 452–463, set out as a note under [section 502 of this title](https://
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administrative Expenses.—**
(1) **In general.—** — There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—
(A) $490,964,697 for fiscal year 2022;
(B) $500,783,991 for fiscal year 2023;
(C) $510,799,671 for fiscal year 2024;
(D) $521,015,664 for fiscal year 2025; and
(E) $531,435,977 for fiscal year 2026.
(2) **Purposes.—** — The amounts authorized to be appropriated by this subsection shall be used—
(A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2;
(B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and
(C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with [section 3521 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3521&num=0&edition=prelim).
(3) **Availability.—** — The amounts made available under paragraph (1) shall remain available until expended.
**(b) Division Among Programs of State’s Share of Base Apportionment.—** The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway fr
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
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Federal law — U.S. Code and appendices · legal_authorities
Page 96
TITLE 23—HIGHWAYS
§ 115
‘‘(c) TECHNOLOGY PARTNERSHIPS.—
‘‘(1) IN
GENERAL.—The Secretary [of Transpor-
tation] may make grants or enter into cooperative
agreements or other transactions to foster the devel-
opment, improvement, and creation of innovative
technologies and facilities to improve safety, enhance
the speed of highway construction, and improve the
quality and durability of highways.
‘‘(2) FEDERAL SHARE.—The Federal share of the cost
of an activity carried out under this subsection shall
not exceed 80 percent.
‘‘(d) TECHNOLOGY TRANSFER
AND INFORMATION DIS-
SEMINATION.—
‘‘(1) IN
GENERAL.—The Secretary [of Transpor-
tation] shall conduct a highways for life technology
transfer program.
‘‘(2) AVAILABILITY OF INFORMATION.—The Secretary
shall ensure that the information and technology
used, developed, or deployed under this subsection is
made available to the transportation community and
the public.
‘‘(e) STAKEHOLDER INPUT AND INVOLVEMENT.—The Sec-
retary [of Transportation] shall establish a process for
stakeholder input and involvement in the development,
implementation, and evaluation of the Highways for
LIFE Pilot Program. The process may include partici-
pation by representatives of State departments of
transportation and other interested persons.
‘‘(f) PROJECT MONITORING AND EVALUATION.—The Sec-
retary [of Transportation] shall monitor and evaluate
the effectiveness of any activity carried out under this
section.
‘‘(g) CONTRACT AUTHORITY.—Except as otherwise pro-
vided in this section, funds authorized to be appro-
priated to carry out this section shall be available for
obligation in the same manner as if the funds were ap-
portioned under chapter 1 of title 23, United States
Code.
‘‘(h) STATE
DEFINED.—In this section, the te
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