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, beginning with ‘‘No application’’. Subsec. (b)(2). Pub. L. 97–424, § 113(a), substituted ‘‘1983’’ for ‘‘1978’’ wherever appearing. Subsec. (b)(3). Pub. L. 97–424, § 113(b), added par. (3). Subsec. (c). Pub. L. 97–424, § 113(d), substituted ‘‘sec- tion 103(e)(4), 104, or 144’’ for ‘‘section 104’’ after ‘‘provi- sions of’’. 1979—Subsec. (b). Pub. L. 96–106 designated existing provisions as par. (1) and cls. (1) and (2) thereof as sub- pars. (A) and (B) and added par. (2). 1975—Subsec. (a). Pub. L. 93–643, § 111(a), substituted ‘‘other than the Interstate System’’ for ‘‘including the Interstate System’’ in two places. Subsecs. (b), (c). Pub. L. 93–643, § 111(b), added subsec. (b) and redesignated former subsec. (b) as (c). 1968—Subsec. (a). Pub. L. 90–495, § 25(a), extended ad- vance construction authority to all the Federal-aid highway systems rather than just the Interstate Sys- tem but provided that anticipation of future apportion- ments by States should only be permitted for those years for which authorizations have been established by law. Subsec. (b). Pub. L. 90–495, § 25(b), struck out ref- erence to subsec. (b)(5) of section 104 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title. § 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 per- formance by using an integrated, cost-effec- tive set of practices that extend pavement life, improve safety, and meet road user expecta- tions. (b) It shall be the duty of the State transpor- tation 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 trans- portation department or direct recipient shall enter into a formal agreement with the appro- priate 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 provi- sions of prior Acts, is not being properly main- tained, he shall call such fact to the attention of the State transportation department or other direct recipient. If, within ninety days after re- ceipt of such notice, such project has not been put in proper condition of maintenance, the Sec- retary shall withhold approval of further projects of all types in the State highway dis- trict, municipality, county, other political or administrative subdivision of the State, or the entire State in which such project is located, whichever the Secretary deems most appro- priate, until such project shall have been put in proper condition of maintenance. (e) PREVENTIVE MAINTENANCE.—A preventive maintenance activity shall be eligible for Fed- eral assistance under this title if the State dem- onstrates to the satisfaction of the Secretary that the activity is a cost-effective means of ex- tending the useful life of a Federal-aid highway. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86–70, § 21(d)(2), (e)(3), June 25, 1959, 73 Stat. 145, 146; Pub. L. 90–495, § 26, Aug. 23, 1968, 82 Stat. 829; Pub. L. 95–599, title I, § 124(d), Nov. 6, 1978, 92 Stat. 2705; Pub. L. 97–424, title I, § 114, Jan. 6, 1983, 96 Stat. 2107; Pub. L. 100–17, title I, § 125(b)(2), Apr. 2, 1987, 101 Stat. 167; Pub. L. 104–59, title III, § 309, Nov. 28, 1995, 109 Stat. 582; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, § 1111(b)(1), Aug. 10, 2005, 119 Stat. 1171; Pub. L. 112–141, div. A, title I, § 1507, July 6, 2012, 126 Stat. 565.) Editorial Notes AMENDMENTS 2012—Subsec. (a). Pub. L. 112–141, § 1507(2), added sub- sec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 112–141, § 1507(1), (3), redesignated subsec. (a) as (b), inserted ‘‘or other direct recipient’’ Page 99 TITLE 23—HIGHWAYS § 117 before ‘‘to maintain’’, and struck out at end ‘‘The State’s obligation to the United States to maintain any such project shall cease when it no longer constitutes a part of a Federal-aid system.’’ Former subsec. (b) re- designated (c). Subsec. (c). Pub. L. 112–141, § 1507(4), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘In any State wherein the State transportation department is without legal authority to maintain a project constructed on the Federal-aid secondary system, or within a municipality, such transportation department shall enter into a formal agreement for its maintenance with the appropriate of- ficials of the county or municipality in which such project is located.’’ Pub. L. 112–141, § 1507(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 112–141, § 1507(1), (5), redesignated subsec. (c) as (d) and inserted ‘‘or other direct recipi- ent’’ after ‘‘State transportation department’’. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 112–141, § 1507(1), redesignated sub- sec. (d) as (e). 2005—Subsec. (b). Pub. L. 109–59 substituted ‘‘such transportation department’’ for ‘‘such highway depart- ment’’. 1998—Subsecs. (a) to (c). Pub. L. 105–178 substituted ‘‘State transportation department’’ for ‘‘State highway department’’. 1995—Subsec. (d). Pub. L. 104–59 added subsec. (d). 1987—Subsecs. (d), (e). Pub. L. 100–17 struck out sub- secs. (d) and (e) which read as follows: ‘‘(d) The Secretary in consultation with the State highway departments and interested and knowledge- able private organizations and individuals shall as soon as possible establish national bridge inspection stand- ards in order to provide for the proper safety inspection of bridges. Such standards shall specify in detail the method by which inspections shall be conducted by the State highway departments, the maximum time lapse between inspections and the qualifications for those charged with the responsibility for carrying out such inspections. Each State shall be required to maintain written reports to be available to the Secretary pursu- ant to such inspections together with a notation of the action taken pursuant to the findings of such inspec- tions. Each State shall be required to maintain a cur- rent inventory of all bridges. ‘‘(e) The Secretary shall establish in cooperation with the State highway departments a program designed to train appropriate employees of the Federal Govern- ment and the State governments to carry out bridge in- spections. Such a program shall be revised from time to time in light of new or improved techniques. For the purposes of this section the Secretary may use funds made available pursuant to the provisions of section 104(a) and section 307(a) of this title.’’ 1983—Subsec. (c). Pub. L. 97–424 substituted ‘‘State highway district, municipality, county, other political or administrative subdivision of the State, or the en- tire State in which such project is located, whichever the Secretary deems most appropriate,’’ for ‘‘entire State’’ after ‘‘all types in the’’, and struck out excep- tion for a situation where such project was subject to an agreement pursuant to subsection (b) of this section, in which case approval was to have been withheld only for secondary or urban projects in the county or mu- nicipality where such project is located. 1978—Subsec. (d). Pub. L. 95–599 struck out provisions limiting provisions of the subsection to the Federal-aid system. 1968—Subsecs. (d), (e). Pub. L. 90–495 added subsecs. (d) and (e). 1959—Subsec. (a). Pub. L. 86–70, § 21(e)(3), substituted ‘‘It’’ for ‘‘Except as provided in subsection (d) of this section, it’’. Subsec. (d). Pub. L. 86–70, § 21(d)(2), repealed subsec. (d) which related to expenditure of funds apportioned to the Territory of Alaska and contributed by the Terri- tory for the maintenance of roads. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1959 AMENDMENT Amendment by section 21(d)(2) of Pub. L. 86–70 effec- tive July 1, 1959, see section 21(d) of Pub. L. 86–70, set out as a note under section 103 of this title. Amendment by section 21(e)(3) of Pub. L. 86–70 effec- tive July 1, 1959, see section 21(e) of Pub. L. 86–70, set out as a note under section 101 of this title. PILOT PROGRAM Pub. L. 114–94, div. A, title I, § 1424, Dec. 4, 2015, 129 Stat. 1425, provided that: ‘‘(a) IN GENERAL.—The Administrator of the Federal Highway Administration (referred to in this section as the ‘Administrator’) may establish a pilot program that allows a State to utilize innovative approaches to maintain the right-of-way of Federal-aid highways within the State. ‘‘(b) LIMITATION.—A pilot program established under subsection (a) shall— ‘‘(1) terminate after not more than 4 years; ‘‘(2) include not more than 5 States; and ‘‘(3) be subject to guidelines published by the Ad- ministrator. ‘‘(c) REPORT.—If the Administrator establishes a pilot program under subsection (a), the Administrator shall, not more than 1 year after the completion of the pilot program, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the pilot program. ‘‘(d) SAVINGS PROVISION.—Nothing in this section may be construed to affect the requirements of section 111 of title 23, United States Code.’’ ESTABLISHMENT OF MINIMUM FEDERAL GUIDELINES FOR MAINTENANCE; STUDY BY NATIONAL ACADEMY OF SCIENCES AND REPORT Pub. L. 100–17, title I, § 163, Apr. 2, 1987, 101 Stat. 213, directed Secretary to enter into appropriate arrange- ments with the National Academy of Sciences to con- duct a complete investigation of the appropriateness of establishing minimum Federal guidelines for mainte- nance of the Federal-aid primary, secondary, and urban systems and, not later than 18 months after entering into appropriate arrangements, the National Academy of Sciences was to submit to Secretary and Congress a report on the results of the investigation and study to- gether with recommendations (including legislative and administrative recommendations) concerning es- tablishment of minimum Federal guidelines for main- tenance of the Federal-aid primary, secondary, and urban systems. § 117. Nationally significant multimodal freight and highway projects (a) ESTABLISHMENT.— (1) IN GENERAL.—There is established a na- tionally significant freight and highway projects program to provide financial assist- ance for projects of national or regional sig- nificance. (2) GOALS.—The goals of the program shall be to— (A) improve the safety, efficiency, and reli- ability of the movement of freight and peo- ple in and across rural and urban areas;