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23 U.S.C. § 145 — Federal-State relationship
Federal law — U.S. Code and appendices · legal_authorities
**(a) Protection of State Sovereignty.—** The authorization of the appropriation of Federal funds or their availability for expenditure under this chapter shall in no way infringe on the sovereign rights of the States to determine which projects shall be federally financed. The provisions of this chapter provide for a federally assisted State program.
**(b) Purpose of Projects.—** The projects described in section 1702 of the SAFETEA–LU, section 1602 of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027 et seq.), and section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are intended to establish eligibility for Federal-aid highway funds made available for such projects by section 1101(a)(16) of the SAFETEA–LU, section 1101(a)(13) of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, and subsections (b), (c), and (d) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, respectively, and are not intended to define the scope or limits of Federal action in a manner inconsistent with subsection (a).
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Source file: Laws/federal/codes/united-states-code/title-23/section-145-federal-state-relationship--ae27406cce.md
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Source location: Title 23, Chapter 1, § 145; chapter-001-federal-aid-highways.md
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**(a) Protection of State Sovereignty.—** The authorization of the appropriation of Federal funds or their availability for expenditure under this chapter shall in no way infringe on the sovereign rights of the States to determine which projects shall be federally financed. The provisions of this chapter provide for a federally assisted State program.
**(b) Purpose of Projects.—** The projects described in section 1702 of the SAFETEA–LU, section 1602 of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027 et seq.), and section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are intended to establish eligibility for Federal-aid highway funds made available for such projects by section 1101(a)(16) of the SAFETEA–LU, section 1101(a)(13) of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, and subsections (b), (c), and (d) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, respectively, and are not intended to define the scope or limits of Federal action in a manner inconsistent with subsection (a).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—**
(1) **In general.—** — There is established a nationally significant freight and highway projects program to provide financial assistance for projects of national or regional significance.
(2) **Goals.—** — The goals of the program shall be to—
(A) improve the safety, efficiency, and reliability of the movement of freight and people in and across rural and urban areas;
(B) generate national or regional economic benefits and an increase in the global economic competitiveness of the United States;
(C) reduce highway or freight congestion and bottlenecks;
(D) improve connectivity between modes of freight transportation;
(E) enhance the resiliency of critical highway or freight infrastructure and help protect the environment;
(F) improve roadways vital to national energy security, including highways that support movement of energy equipment; and
(G) address the impact of population growth on the movement of people and freight.
**(b) Grant Authority.—**
(1) **In general.—** — In carrying out the program established in subsection (a), the Secretary may make grants, on a competitive basis, in accordance with this section.
(2) **Grant amount.—** — Except as otherwise provided, each grant made under this section shall be in an amount that is at least $25,000,000.
(3) **Grant administration.—** — The Secretary may—
(A) retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and
(B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this section.
**(c) Eligible App
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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 236
TITLE 23—HIGHWAYS
§ 145
and investigation of improvement and maintenance
needs for highway bridges which cross rail lines and
whose ownership has been disputed and, not later than
30 months after Apr. 2, 1987, submit to Congress a re-
port on the study and investigation along with rec-
ommendations on how the bridge needs could best be
addressed on a long term basis in a cost-effective man-
ner.
FOUR-LANE BRIDGES
Pub. L. 97–424, title I, § 130, Jan. 6, 1983, 96 Stat. 2118,
authorized funds to complete construction of a four-
lane bridge in certain cases where funds to construct a
two-lane bridge had been authorized by a law enacted
between Jan. 1, 1970, and Jan. 6, 1983.
DISCRETIONARY BRIDGE CRITERIA
Pub. L. 97–424, title I, § 161, Jan. 6, 1983, 96 Stat. 2135,
as amended by Pub. L. 100–17, title I, § 123(h), Apr. 2,
1987, 101 Stat. 164, required the Secretary to develop a
selection process and issue a final regulation no later
than 6 months after Jan. 6, 1983, regarding funding pri-
ority of discretionary bridges.
TRANSFER OF DISCRETIONARY BRIDGE FUNDS
Pub. L. 96–106, § 8(b), Nov. 9, 1979, 93 Stat. 797, provided
for the transfer of discretionary bridge funds author-
ized under subsec. (g) of this section for fiscal year 1980
to a State’s apportionment under former section
104(b)(6) of this title to repay funds obligated under sec-
tion 104(b)(6) between June 1 and July 31, 1979, for
bridge projects which are eligible for funding by virtue
of the amendment of subsec. (g) of this section by sec-
tion 8(a) of Pub. L. 96–106.
TIME FOR COMPLETION OF INVENTORY AND
CLASSIFICATION OF HIGHWAY BRIDGES
Pub. L. 95–599, title I, § 124(c), Nov. 6, 1978, 92 Stat.
2705, directed Secretary of Transportation to complete
the requirements of subsec. (c)
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