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23 U.S.C. § 116 — Maintenance

Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 116 — Maintenance

**(a) Definitions.—** In this section, the following definitions apply: (1) **Preventive maintenance.—** — The term “preventive maintenance” includes pavement preservation programs and activities. (2) **Pavement preservation programs and activities.—** — The term “pavement preservation programs and activities” means programs and activities employing a network level, long-term strategy that enhances pavement performance by using an integrated, cost-effective set of practices that extend pavement life, improve safety, and meet road user expectations. **(b)** It shall be the duty of the State transportation department or other direct recipient to maintain, or cause to be maintained, any project constructed under the provisions of this chapter or constructed under the provisions of prior Acts. **(c) Agreement.—** In any State in which the State transportation department or other direct recipient is without legal authority to maintain a project described in subsection (b), the transportation department or direct recipient shall enter into a formal agreement with the appropriate officials of the county or municipality in which the project is located to provide for the maintenance of the project. **(d)** If at any time the Secretary shall find that any project constructed under the provisions of this chapter, or constructed under the provisions of prior Acts, is not being properly maintained, he shall call such fact to the attention of the State transportation department or other direct recipient. If, within ninety days after receipt of such notice, such project has not been put in proper condition of maintenance, the Secretary shall withhold approval of further projects of all types in the State highway district, municipality, county, other political or administrative su

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Source location: Title 23, Chapter 1, § 116; chapter-001-federal-aid-highways.md

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 103 — National Highway System

**(a) In General.—** For the purposes of this title, the Federal-aid system is the National Highway System, which includes the Interstate System. **(b) National Highway System.—** (1) **Description.—** — The National Highway System consists of the highway routes and connections to transportation facilities that shall— (A) serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations; (B) meet national defense requirements; and (C) serve interstate and interregional travel and commerce. (2) **Components.—** — The National Highway System described in paragraph (1) consists of the following: (A) The National Highway System depicted on the map submitted by the Secretary of Transportation to Congress with the report entitled “Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals” and dated May 24, 1996, and modifications approved by the Secretary before the date of enactment of the MAP–21. (B) Other urban and rural principal arterial routes, and border crossings on those routes, that were not included on the National Highway System before the date of enactment of the MAP–21. (C) Other connector highways (including toll facilities) that were not included in the National Highway System before the date of enactment of the MAP–21 but that provide motor vehicle access between arterial routes on the National Highway System and a major intermodal transportation facility. (D) A strategic highway network that— (i) consists of a network of highways that are important to the United States strategic defense policy, that provide defense access, continuity, and emergency capabilities f

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 111 — Agreements relating to use of and access to rights-of-way—Interstate System

**(a) In General.—** All agreements between the Secretary and the State transportation department for the construction of projects on the Interstate System shall contain a clause providing that the State will not add any points of access to, or exit from, the project in addition to those approved by the Secretary in the plans for such project, without the prior approval of the Secretary. Such agreements shall also contain a clause providing that the State will not permit automotive service stations or other commercial establishments for serving motor vehicle users to be constructed or located on the rights-of-way of the Interstate System and will not change the boundary of any right-of-way on the Interstate System to accommodate construction of, or afford access to, an automotive service station or other commercial establishment. Such agreements may, however, authorize a State or political subdivision thereof to use or permit the use of the airspace above and below the established grade line of the highway pavement for such purposes as will not impair the full use and safety of the highway, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere in any way with the free flow of traffic on the Interstate System. Nothing in this section, or in any agreement entered into under this section, shall require the discontinuance, obstruction, or removal of any establishment for serving motor vehicle users on any highway which has been, or is hereafter, designated as a highway or route on the Interstate System (1) if such establishment (A) was in existence before January 1, 1960, (B) is owned by a State, and (C) is operated through concessionaries or otherwise, and (2) if all access to, and exit

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(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

23 U.S.C. § 116 — Maintenance

Page 98 TITLE 23—HIGHWAYS § 116 such a project, except insofar as such procedures and requirements limit a State to the construction of projects with the aid of Federal funds previously appor- tioned to it, the Secretary, upon application by such State and his approval of such application, is author- ized to pay to such State the Federal share of the costs of construction of such project when additional funds are apportioned to such State under section 103(e)(4), 104, or 144, respectively, of this title if—’’, for ‘‘When a State has obligated all funds for any of the Federal-aid systems, other than the Interstate System, apportioned to it under section 104 of this title, and proceeds to con- struct any project without the aid of Federal funds, in- cluding one or more parts of any project, on any of the Federal-aid systems in such State, other than the Interstate System, as any of those systems may be des- ignated at that time, in accordance with all procedures and all requirements applicable to projects on any such system, except insofar as such procedures and require- ments limit a State to the construction of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon application by such State and his approval of such application, is authorized to pay to such State the Federal share of the costs of construc- tion of such project when additional funds are appor- tioned to such State under section 104 of this title if— ’’; in subpar. (A) thereof struck out ‘‘on the Federal-aid system involved’’ after ‘‘other projects’’; and in par. (2) as so designated inserted ‘‘for section 103(e)(4), 104, or 144 of this title, as the case may be,’’ after ‘‘unless au- thorization’’, and made a new sentence of existing pro- visions, begin

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