23 U.S.C. § 145 — Federal-State relationship

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) of this section, as amended by subsec. (a) of section 124 of Pub. L. 95–599, not later than the last day of the second full calendar year which begins after Nov. 6, 1978. ACCELERATION OF BRIDGE PROJECTS; OHIO RIVER BRIDGE FUND REPROGRAMMING; REPORTS TO CONGRESS Pub. L. 95–599, title I, § 147, Nov. 6, 1978, 92 Stat. 2714, as amended by Pub. L. 96–106, § 15, Nov. 19, 1979, 93 Stat. 798; Pub. L. 99–272, title IV, § 4105, Apr. 7, 1986, 100 Stat. 116, directed Secretary of Transportation to conduct two projects to construct or replace high-traffic-vol- ume bridges on the Federal-aid highway system which span major bodies of water in order to demonstrate the feasibility of reducing the time required to replace un- safe bridges; authorized funds for the projects; directed Secretary to report to Congress within six months after the completion of each project; redirected certain funds in excess of amounts needed to complete the projects for use in further projects for construction of three state-of-the-art Ohio River bridges linking designated cities in Kentucky and Ohio; and directed Secretary to report to Congress within a year after the completion of these bridges. § 145. Federal-State relationship (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 sov- ereign rights of the States to determine which projects shall be federally financed. The provi- sions of this chapter provide for a federally as- sisted State program. (b) PURPOSE OF PROJECTS.—The projects de- scribed in section 1702 of the SAFETEA–LU, sec- tion 1602 of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Effi- ciency 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 eligi- bility for Federal-aid highway funds made avail- able 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 Sur- face 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). (Added Pub. L. 93–87, title I, § 123(a), Aug. 13, 1973, 87 Stat. 261; amended Pub. L. 105–178, title I, § 1601(b), June 9, 1998, 112 Stat. 256; Pub. L. 109–59, title I, § 1701(e), Aug. 10, 2005, 119 Stat. 1256; Pub. L. 112–141, div. A, title I, § 1519(c)(9), formerly § 1519(c)(10), July 6, 2012, 126 Stat. 576, renumbered § 1519(c)(9), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438.) Editorial Notes REFERENCES IN TEXT Section 1702 of the SAFETEA–LU, referred to in sub- sec. (b), is section 1702 of Pub. L. 109–59, title I, Aug. 10, 2005, 119 Stat. 1256, which is not classified to the Code. Section 1602 of the Transportation Equity Act for the 21st Century, referred to in subsec. (b), is section 1602 of Pub. L. 105–178, title I, June 9, 1998, 112 Stat. 256, which is not classified to the Code. Sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (b), are sections 1103 to 1108 of Pub. L. 102–240, title I, Dec. 18, 1991, 105 Stat. 2027–2063. See Tables for classification. Section 149(a) of the Surface Transportation and Uni- form Relocation Assistance Act of 1987, referred to in subsec. (b), is section 149(a) of Pub. L. 100–17, title I, Apr. 2, 1987, 101 Stat. 181, which is not classified to the Code. Section 1101(a)(16) of the SAFETEA–LU, referred to in subsec. (b), is section 1101(a)(16) of Pub. L. 109–59, title I, Aug. 10, 2005, 119 Stat. 1155, which is not classi- fied to the Code. Section 1101(a)(13) of the Transportation Equity Act for the 21st Century, referred to in subsec. (b), is sec- tion 1101(a)(13) of Pub. L. 105–178, title I, June 9, 1998, 112 Stat. 113, which is not classified to the Code. AMENDMENTS 2015—Subsec. (b). Pub. L. 114–94, § 1446(d)(5)(B), amended Pub. L. 112–141, § 1519(c). See 2012 Amendment note below. 2012—Subsec. (b). Pub. L. 112–141, § 1519(c)(9), formerly § 1519(c)(10), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), struck out ‘‘section 117 of this title,’’ after ‘‘21st Century,’’ second time appearing. 2005—Subsec. (b). Pub. L. 109–59 inserted ‘‘section 1702 of the SAFETEA–LU,’’ after ‘‘described in’’ and ‘‘sec- tion 1101(a)(16) of the SAFETEA–LU,’’ after ‘‘for such projects by’’ and substituted ‘‘section 117 of this title,’’ for ‘‘117 of title 23, United States Code,’’. 1998—Pub. L. 105–178 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by sec- Page 237 TITLE 23—HIGHWAYS § 146 tion 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted. 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. § 146. Carpool and vanpool projects (a) In order to conserve fuel, decrease traffic congestion during rush hours, improve air qual- ity, and enhance the use of existing highways and parking facilities, the Secretary may ap- prove for Federal financial assistance from funds apportioned under section 104(b)(2) of this title, projects designed to encourage the use of carpools and vanpools. (As used hereafter in this section, the term ‘‘carpool’’ includes a vanpool.) Such a project may include, but is not limited to, such measures as providing carpooling oppor- tunities to the elderly and handicapped, systems for locating potential riders and informing them of convenient carpool opportunities, acquiring vehicles appropriate for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, and designating existing facilities for use as preferential parking for carpools. (b) A project authorized by this section shall be subject to and carried out in accordance with all provisions of this title, except those provi- sions which the Secretary determines are incon- sistent with this section. (Added Pub. L. 95–599, title I, § 126(a), Nov. 6, 1978, 92 Stat. 2705; amended Pub. L. 105–178, title I, § 1103(l)(1), June 9, 1998, 112 Stat. 125; Pub. L. 112–141, div. A, title I, § 1105(b), July 6, 2012, 126 Stat. 432.) Editorial Notes PRIOR PROVISIONS A prior section 146, Pub. L. 93–87, title I, § 125(a), Aug. 13, 1973, 87 Stat. 262, related to a special urban high den- sity traffic program, prior to repeal by Pub. L. 94–280, title I, § 128(a), May 5, 1976, 90 Stat. 440. AMENDMENTS 2012—Subsec. (a). Pub. L. 112–141 substituted ‘‘section 104(b)(2)’’ for ‘‘sections 104(b)(1) and 104(b)(3)’’. 1998—Subsec. (a). Pub. L. 105–178 substituted ‘‘sec- tions 104(b)(1) and 104(b)(3)’’ for ‘‘sections 104(b)(1), 104(b)(2), and 104(b)(6)’’. 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. USE OF HIGH OCCUPANCY LANES Pub. L. 97–424, title I, § 163, Jan. 6, 1983, 96 Stat. 2136, as amended by Pub. L. 100–17, title I, § 133(a)(4), (5), Apr. 2, 1987, 101 Stat. 170, 171; Pub. L. 102–240, title I, § 1056, Dec. 18, 1991, 105 Stat. 2002, provided that: ‘‘Notwith- standing any other provision of this Act or any other law, no funds apportioned or allocated to a State for Federal-aid highways shall be obligated for a project for constructing, resurfacing, restoring, rehabilitating, or reconstructing a Federal-aid highway which has a lane designated as a carpool lane unless the use of such lane includes use by motorcycles. Upon certification by the State to the Secretary of Transportation, after no- tice in the Federal Register and an opportunity for public comment, and acceptance of such certification by the Secretary, the State may restrict such use by motorcycles if such use would create a safety hazard. Any certification made before the date of the enact- ment of the Intermodal Surface Transportation Effi- ciency Act of 1991 [Dec. 18, 1991] shall not be recognized by the Secretary until the Secretary publishes notice of such certification in the Federal Register and pro- vides an opportunity for public comment on such cer- tification.’’ EXPENDITURE OF ADMINISTRATIVE FUNDS FOR CARPOOLING AND VANPOOLING PROGRAMS Pub. L. 97–424, title I, § 123(b), Jan. 6, 1983, 96 Stat. 2113, directed the Secretary of Transportation to ex- pend necessary sums out of the administrative funds authorized by section 104(a) of this title to carry out section 126(d) of Pub. L. 95–599, set out below. GRANTS TO STATES, COUNTIES, ETC., TO PROMOTE CARPOOLING AND VANPOOLING PROGRAMS Pub. L. 95–599, title I, § 126(d)–(h), Nov. 6, 1978, 92 Stat. 2706, 2707, as amended by Pub. L. 102–240, title III, § 3004(b), Dec. 18, 1991, 105 Stat. 2088, provided that: ‘‘(d) It is hereby declared to be national policy that special effort should be made to promote commuter modes of transportation which conserve energy, reduce pollution, and reduce traffic congestion. The Secretary is directed to assist both public and private employers and employees who wish to establish carpooling and vanpooling programs where they are needed and de- sired, and to assist local and State governments, and their instrumentalities, in encouraging such modes by removing legal and regulatory barriers to such pro- grams, supporting existing carpooling and vanpooling programs, and providing technical assistance, for the purpose of increasing participation in such modes. ‘‘(e) The Secretary of Transportation is authorized to make grants and loans to States, counties, municipali- ties, metropolitan planning organizations, and other units of local and regional government consistent with the policy of subsection (d) of this section. Such grants and loans shall be awarded in a manner which empha- sizes energy conservation, although the Secretary may use other factors as he deems appropriate. The Federal share of the costs of any project approved under this subsection shall not exceed 75 per centum. No grant awarded under this subsection may be used for the pur- chase or lease of vehicles. ‘‘(f) There is hereby authorized to be appropriated, out of the Highway Trust Fund, not to exceed $1,000,000 for the fiscal year ending September 30, 1979, $1,000,000 for the fiscal year ending September 30, 1980, and $1,000,000 for the fiscal year ending September 30, 1981, for expenditures incurred by the Secretary of Transpor- tation in carrying out the provisions of subsection (d) of this section, and $3,000,000 for the fiscal year ending September 30, 1979, and $9,000,000 for the fiscal year end- ing September 30, 1980, for the purpose of carrying out the program described in subsection (e) of this section. ‘‘(g) The Secretary of Transportation shall not ap- prove any project under subsection (d) or (e) of this sec- tion or under section 146 of title 23, United States Code; which will have an adverse effect on any mass transpor- tation system. ‘‘(h) The Secretary of Transportation is directed to study the administrative effectiveness of carpooling and vanpooling programs within the Department of Transportation, including programs of the Federal Highway Administration, the Federal Transit Adminis- tration, and the Office of the Secretary. Such study shall be completed no later than September 30, 1979. Upon completion of such study, the Secretary shall propose a plan to centralize or modify such programs to make delivery of services and grants more efficient,