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23 U.S.C. § 106 — Project approval and oversight
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Submission of plans, specifications, and estimates.—** — Except as otherwise provided in this section, each State transportation department shall submit to the Secretary for approval such plans, specifications, and estimates for each proposed project as the Secretary may require.
(2) **Project agreement.—** — The Secretary shall act on the plans, specifications, and estimates as soon as practicable after the date of their submission and shall enter into a formal project agreement with the State transportation department recipient formalizing the conditions of the project approval.
(3) **Contractual obligation.—** — The execution of the project agreement shall be deemed a contractual obligation of the Federal Government for the payment of the Federal share of the cost of the project.
(4) **Guidance.—** — In taking action under this subsection, the Secretary shall be guided by section 109.
**(b) Project Agreement.—**
(1) **Provision of state funds.—** — The project agreement shall make provision for State funds required to pay the State’s non-Federal share of the cost of construction of the project (including payments made pursuant to a long-term concession agreement, such as availability payments) and to pay for maintenance of the project after completion of construction.
(2) **Representations of state.—** — If a part of the project is to be constructed at the expense of, or in cooperation with, political subdivisions of the State, the Secretary may rely on representations made by the State transportation department with respect to the arrangements or agreements made by the State transportation department and appropriate local officials for ensuring that the non-Federal contribution will be provided under paragraph (1).
**(c) Assumption
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Source location: Title 23, Chapter 1, § 106; chapter-001-federal-aid-highways.md
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**(a) In General.—**
(1) **Submission of plans, specifications, and estimates.—** — Except as otherwise provided in this section, each State transportation department shall submit to the Secretary for approval such plans, specifications, and estimates for each proposed project as the Secretary may require.
(2) **Project agreement.—** — The Secretary shall act on the plans, specifications, and estimates as soon as practicable after the date of their submission and shall enter into a formal project agreement with the State transportation department recipient formalizing the conditions of the project approval.
(3) **Contractual obligation.—** — The execution of the project agreement shall be deemed a contractual obligation of the Federal Government for the payment of the Federal share of the cost of the project.
(4) **Guidance.—** — In taking action under this subsection, the Secretary shall be guided by section 109.
**(b) Project Agreement.—**
(1) **Provision of state funds.—** — The project agreement shall make provision for State funds required to pay the State’s non-Federal share of the cost of construction of the project (including payments made pursuant to a long-term concession agreement, such as availability payments) and to pay for maintenance of the project after completion of construction.
(2) **Representations of state.—** — If a part of the project is to be constructed at the expense of, or in cooperation with, political subdivisions of the State, the Secretary may rely on representations made by the State transportation department with respect to the arrangements or agreements made by the State transportation department and appropriate local officials for ensuring that the non-Federal contribution will be provided under paragraph (1).
**(c) Assumption by States of Responsibilities of the Secretary.—**
(1) **NHS projects.—** — For projects under this title that are on the National Highway System, including projects on the Interstate System, the State may assume the responsibilities of the Secretary under this title for design, plans, specifications, estimates, contract awards, and inspections with respect to the projects unless the Secretary determines that the assumption is not appropriate.
(2) **Non-nhs projects.—** — For projects under this title that are not on the National Highway System, the State shall assume the responsibilities of the Secretary under this title for design, plans, specifications, estimates, contract awards, and inspection of projects, unless the State determines that such assumption is not appropriate.
(3) **Agreement.—** — The Secretary and the State shall enter into an agreement relating to the extent to which the State assumes the responsibilities of the Secretary under this subsection.
(4) **Limitation on interstate projects.—**
(A) *In general.—* — The Secretary shall not assign any responsibilities to a State for projects the Secretary determines to be in a high risk category, as defined under subparagraph (B).
(B) *High risk categories.—* — The Secretary may define the high risk categories under this subparagraph on a national basis, a State-by-State basis, or a national and State-by-State basis, as determined to be appropriate by the Secretary.
**(d) Responsibilities of the Secretary.—** Nothing in this section, section 133, or section 149 shall affect or discharge any responsibility or obligation of the Secretary under—
(1) section 113 or 114; or
(2) any Federal law other than this title (including [section 5333 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5333&num=0&edition=prelim)).
**(e) Value Engineering Analysis.—**
(1) **Definition of value engineering analysis.—**
(A) *In general.—* — In this subsection, the term “value engineering analysis” means a systematic process of review and analysis of a project, during the planning and design phases, by a multidisciplinary team of persons not involved in the project, that is conducted to provide recommendations such as those described in subparagraph (B) for—
(i) providing the needed functions safely, reliably, and at the lowest overall lifecycle cost;
(ii) improving the value and quality of the project; and
(iii) reducing the time to complete the project.
(B) *Inclusions.—* — The recommendations referred to in subparagraph (A) include, with respect to a project—
(i) combining or eliminating otherwise inefficient use of costly parts of the original proposed design for the project; and
(ii) completely redesigning the project using different technologies, materials, or methods so as to accomplish the original purpose of the project.
(2) **Analysis.—** — The State shall provide a value engineering analysis for—
(A) each project on the National Highway System receiving Federal assistance with an estimated total cost of $50,000,000 or more;
(B) a bridge project on the National Highway System receiving Federal assistance with an estimated total cost of $40,000,000 or more; and
(C) any other project the Secretary determines to be appropriate.
(3) **Major projects.—** — The Secretary may require more than 1 analysis described in paragraph (2) for a major project described in subsection (h).
(4) **Requirements.—**
(A) *Value engineering program.—* — The State shall develop and carry out a value engineering program that—
(i) establishes and documents value engineering program policies and procedures;
(ii) ensures that the required value engineering analysis is conducted before completing the final design of a project;
(iii) ensures that the value engineering analysis that is conducted, and the recommendations developed and implemented for each project, are documented in a final value engineering report; and
(iv) monitors, evaluates, and annually submits to the Secretary a report that describes the results of the value analyses that are conducted and the recommendations implemented for each of the projects described in paragraph (2) that are completed in the State.
(B) *Bridge projects.—* — The value engineering analysis for a bridge project under paragraph (2) shall—
(i) include bridge superstructure and substructure requirements based on construction material; and
(ii) be evaluated by the State—
(I) on engineering and economic bases, taking into consideration acceptable designs for bridges; and
(II) using an analysis of lifecycle costs and duration of project construction.
(5) **Design-build projects.—** — A requirement to provide a value engineering analysis under this subsection shall not apply to a project delivered using the design-build method of construction.
**(f) Life-Cycle Cost Analysis.—**
(1) **Use of life-cycle cost analysis.—** — The Secretary shall develop recommendations for the States to conduct life-cycle cost analyses. The recommendations shall be based on the principles contained in section 2 of Executive Order No. 12893 and shall be developed in consultation with the American Association of State Highway and Transportation Officials. The Secretary shall not require a State to conduct a life-cycle cost analysis for any project as a result of the recommendations required under this subsection.
(2) **Life-cycle cost analysis defined.—** — In this subsection, the term “life-cycle cost analysis” 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, user costs, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of the project segment.
**(g) Oversight Program.—**
(1) **Establishment.—**
(A) *In general.—* — The Secretary shall establish an oversight program to monitor the effective and efficient use of funds authorized to carry out this title.
(B) *Minimum requirement.—* — At a minimum, the program shall be responsive to all areas relating to financial integrity and project delivery.
(2) **Financial integrity.—**
(A) *Financial management systems.—* — The Secretary shall perform annual reviews that address elements of the State transportation departments’ financial management systems that affect projects approved under subsection (a).
(B) *Project costs.—* — The Secretary shall develop minimum standards for estimating project costs and shall periodically evaluate the practices of States for estimating project costs, awarding contracts, and reducing project costs.
(3) **Project delivery.—**
(A) *In general.—* — The Secretary shall perform reviews that address elements of the project delivery system of a State, which elements include one or more activities that are involved in the life cycle of a project from conception to completion of the project.
(B) *Frequency.—*
(i) *In general.—* — Except as provided in clauses (ii) and (iii), the Secretary shall carry out a review under subparagraph (A) not less frequently than once every 2 years.
(ii) *Consultation with state.—* — The Secretary, after consultation with a State, may make a determination to carry out a review under subparagraph (A) for that State less frequently than provided under clause (i).
(iii) *Cause.—* — If the Secretary determines that there is a specific reason to require a review more frequently than provided under clause (i) with respect to a State, the Secretary may carry out a review more frequently than provided under that clause.
(4) **Responsibility of the states.—**
(A) *In general.—* — The States shall be responsible for determining that subrecipients of Federal funds under this title have—
(i) adequate project delivery systems for projects approved under this section; and
(ii) sufficient accounting controls to properly manage such Federal funds.
(B) *Periodic review.—* — The Secretary shall periodically review the monitoring of subrecipients by the States.
(5) **Specific oversight responsibilities.—**
(A) *Effect of section.—* — Nothing in this section shall affect or discharge any oversight responsibility of the Secretary specifically provided for under this title or other Federal law.
(B) *Appalachian development highways.—* — The Secretary shall retain full oversight responsibilities for the design and construction of all Appalachian development highways under [section 14501 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14501&num=0&edition=prelim).
**(h) Major Projects.—**
(1) **In general.—** — Notwithstanding any other provision of this section, a recipient of Federal financial assistance for a project under this title with an estimated total cost of $500,000,000 or more, and recipients for such other projects as may be identified by the Secretary, shall submit to the Secretary for each project—
(A) a project management plan; and
(B) an annual financial plan, including a phasing plan when applicable.
(2) **Project management plan.—** — A project management plan shall document—
(A) the procedures and processes that are in effect to provide timely information to the project decisionmakers to effectively manage the scope, costs, schedules, and quality of, and the Federal requirements applicable to, the project; and
(B) the role of the agency leadership and management team in the delivery of the project.
(3) **Financial plan.—** — A financial plan—
(A) shall be based on detailed estimates of the cost to complete the project;
(B) shall provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project;
(C) may include a phasing plan that identifies fundable incremental improvements or phases that will address the purpose and the need of the project in the short term in the event there are insufficient financial resources to complete the entire project. If a phasing plan is adopted for a project pursuant to this section, the project shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135;
(D) for a project in which the project sponsor intends to carry out the project through a public-private partnership agreement, shall include a detailed value for money analysis or similar comparative analysis for the project; and
(E) shall assess the appropriateness of a public-private partnership to deliver the project.
**(i) Other Projects.—** A recipient of Federal financial assistance for a project under this title with an estimated total cost of $100,000,000 or more that is not covered by subsection (h) shall prepare an annual financial plan. Annual financial plans prepared under this subsection shall be made available to the Secretary for review upon the request of the Secretary.
**(j) Use of Advanced Modeling Technologies.—**
(1) **Definition of advanced modeling technology.—** — In this subsection, the term “advanced modeling technology” means an available or developing technology, including 3-dimensional digital modeling, that can—
(A) accelerate and improve the environmental review process;
(B) increase effective public participation;
(C) enhance the detail and accuracy of project designs;
(D) increase safety;
(E) accelerate construction, and reduce construction costs; or
(F) otherwise expedite project delivery with respect to transportation projects that receive Federal funding.
(2) **Program.—** — With respect to transportation projects that receive Federal funding, the Secretary shall encourage the use of advanced modeling technologies during environmental, planning, financial management, design, simulation, and construction processes of the projects.
(3) **Activities.—** — In carrying out paragraph (2), the Secretary shall—
(A) compile information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies;
(B) disseminate to States information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies; and
(C) promote the use of advanced modeling technologies.
(4) **Comprehensive plan.—** — The Secretary shall develop and publish on the public website of the Department of Transportation a detailed and comprehensive plan for the implementation of paragraph (2).
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Management and Budget is an office in the Executive Office of the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prevailing Wages Requirement.—** The Secretary of Transportation shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed with a grant or loan under this chapter be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141 through 3144, 3146, and 3147 of title 40. The Secretary of Transportation may approve a grant or loan only after being assured that required labor standards will be maintained on the construction work. For a labor standard under this subsection, the Secretary of Labor has the same duties and powers stated in Reorganization Plan No. 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).
**(b) Employee Protective Arrangements.—**
(1) As a condition of financial assistance under sections 5307–5312, 5316,11 See References in Text note below. 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under sections 5307–5312, 5316,1 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) shall specify the arrangements.
(2) Arrangements under this subsection shall include provisions that may be necessary for—
(A) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise;
(B) the continuation of collective bargaining rights;
(C) the protection of individual emplo
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5333
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose.—** To provide a highway system which, in conjunction with the Interstate System and other Federal-aid highways in the Appalachian region, will open up an area with a developmental potential where commerce and communication have been inhibited by lack of adequate access, the Secretary of Transportation may assist in the construction of an Appalachian development highway system and local access roads serving the Appalachian region. Construction on the development highway system shall not be more than three thousand and ninety miles. There shall not be more than 1,400 miles of local access roads that serve specific recreational, residential, educational, commercial, industrial, or similar facilities or facilitate a school consolidation program.
**(b) Commission Designations.—**
(1) **What is to be designated.—** — The Appalachian Regional Commission shall transmit to the Secretary its designations of—
(A) the general corridor location and termini of the development highways;
(B) local access roads to be constructed;
(C) priorities for the construction of segments of the development highways; and
(D) other criteria for the program authorized by this section.
(2) **State transportation department recommendation required.—** — Before a state member participates in or votes on designations, the member must obtain the recommendations of the state transportation department of the State which the member represents.
**(c) Addition to Federal-aid Primary System.—** When completed, each development highway not already on the Federal-aid primary system shall be added to the system.
**(d) Use of Specific Materials and Products.—**
(1) **Indigenous materials and products.—** — In the construction of highways and roads authorized under this section, a St
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 14501
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Federal law — U.S. Code and appendices · legal_authorities
Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility.—**
(1) **In general.—** — A project shall be eligible to receive credit assistance under the TIFIA program if—
(A) the entity proposing to carry out the project submits a letter of interest prior to submission of a formal application for the project; and
(B) the project meets the criteria described in this subsection.
(2) **Creditworthiness.—**
(A) *In general.—* — To be eligible for assistance under the TIFIA program, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include—
(i) a rate covenant, if applicable;
(ii) adequate coverage requirements to ensure repayment;
(iii) an investment grade rating from at least 2 rating agencies on debt senior to the Federal credit instrument; and
(iv) an investment-grade rating from at least 2 rating agencies on the Federal credit instrument, subject to the condition that, with respect to clause (iii), if the total amount of the senior debt and the Federal credit instrument is less than $150,000,000, 1 rating agency opinion for each of the senior debt and Federal credit instrument shall be sufficient.
(B) *Senior debt.—* — Notwithstanding subparagraph (A), in a case in which the Federal credit instrument is senior debt, the Federal credit instrument shall be required to receive an investment grade rating from at least 2 rating agencies, unless the total amount of other senior debt and the Federal credit instrument is less than $150,000,000, in which case 1 rating agency opinion shall be sufficient.
(3) **Inclusion in transportation plans and programs.—** — A project shall satisfy the applicable planning and programming requirements of sections 134 and 135 at such time as an agreement to make available a Federal credit instrument is entered
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 602
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary shall establish a surface transportation block grant program in accordance with this section to provide flexible funding to address State and local transportation needs.
**(b) Eligible Projects.—** Funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program may be obligated for the following:
(1) Construction of—
(A) highways, bridges, tunnels, including designated routes of the Appalachian development highway system and local access roads under [section 14501 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14501&num=0&edition=prelim);
(B) ferry boats and terminal facilities—
(i) that are eligible for funding under section 129(c); or
(ii) that are privately or majority-privately owned, but that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section 101(b)(3)(D);
(C) transit capital projects eligible for assistance under chapter 53 of title 49;
(D) infrastructure-based intelligent transportation systems capital improvements, including the installation of vehicle-to-infrastructure communication equipment;
(E) truck parking facilities eligible for funding under section 1401 of MAP–21 ([23 U.S.C. 137](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section137&num=0&edition=prelim) note);
(F) border infrastructure projects eligible for funding under section 1303 of SAFETEA–LU ([23 U.S.C. 101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section101&num=0&edition=prelim) note); and
(G) wildlife crossing structures.
(2) Operational improvements and capital and oper
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 133
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section, the following definitions shall apply:
(1) **Applicant.—** — The term “applicant” means a State or local governmental authority that applies for a grant under this section.
(2) **Core capacity improvement project.—** — The term “core capacity improvement project” means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent. The term does not include project elements designed to maintain a state of good repair of the existing fixed guideway system.
(3) **Corridor-based bus rapid transit project.—** — The term “corridor-based bus rapid transit project” means a small start project utilizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems, including defined stations; traffic signal priority for public transportation vehicles; short headway bidirectional services for a substantial part of weekdays; and any other features the Secretary may determine support a long-term corridor investment, but the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods.
(4) **Fixed guideway bus rapid transit project.—** — The term “fixed guideway bus rapid transit project” means a bus capital project—
(A) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods;
(B) that represents a substantial investment in a single route in a defined corridor or subarea; and
(C) that includes features that emulate the services provided by rail fixed guideway public
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5309
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