23 U.S.C. § 111 — Agreements relating to use of and access to

Page 85 TITLE 23—HIGHWAYS § 111 ROADSIDE BARRIER TECHNOLOGY Pub. L. 102–240, title I, § 1058, Dec. 18, 1991, 105 Stat. 2003, as amended by Pub. L. 104–59, title III, § 328, Nov. 28, 1995, 109 Stat. 593, provided that: ‘‘(a) REQUIREMENT FOR INNOVATIVE BARRIERS.—Not less than 21⁄2 percent of the mileage of new or replace- ment permanent or temporary crashworthy barriers in- cluded in awarded contracts along Federal-aid high- ways within the boundaries of a State in each calendar year shall be innovative crashworthy safety barriers. ‘‘(b) CERTIFICATION.—Each State shall annually cer- tify to the Secretary its compliance with the require- ments of this section. ‘‘(c) DEFINITION OF INNOVATIVE CRASHWORTHY SAFETY BARRIER.—For purposes of this section, the term ‘inno- vative crashworthy safety barrier’ means a barrier, other than a guardrail or guiderail, classified by the Federal Highway Administration as ‘experimental’ or that was classified as ‘operational’ after January 1, 1985, and that meets or surpasses the requirements of the National Cooperative Highway Research Program 350 for longitudinal barriers.’’ ROADSIDE BARRIERS AND SAFETY APPURTENANCES Pub. L. 102–240, title I, § 1073, Dec. 18, 1991, 105 Stat. 2012, provided that: ‘‘(a) INITIATION OF RULEMAKING PROCEEDING.—Not later than 30 days after the date of the enactment of this Act [Dec. 18, 1991], the Secretary shall initiate a rulemaking proceeding to revise the guidelines and es- tablish standards for installation of roadside barriers and other safety appurtenances, including longitudinal barriers, end terminals, and crash cushions. Such rule- making shall reflect state-of-the-art designs, testing, and evaluation criteria contained in the National Coop- erative Highway Research Program Report 230, relating to approval standards which provide an enhanced level of crashworthy performance to accommodate vans, mini-vans, pickup trucks, and 4-wheel drive vehicles. ‘‘(b) FINAL RULE.—Not later than 1 year after the date of the enactment of this Act [Dec. 18, 1991], the Secretary shall complete the rulemaking proceeding initiated under subsection (a), and issue a final rule re- garding the implementation of revised guidelines and standards for acceptable roadside barriers and other safety appurtenances, including longitudinal barriers, end terminals, and crash cushions. Such revised guide- lines and standards shall accommodate vans, mini- vans, pickup trucks, and 4-wheel drive vehicles and shall be applicable to the refurbishment and replace- ment of existing roadside barriers and safety appur- tenances as well as to the installation of new roadside barriers and safety appurtenances.’’ STUDIES RELATING TO ESTABLISHMENT OF STANDARDS FOR RESURFACING, RESTORATION, AND REHABILITA- TION OF HIGHWAYS AND TO ESTABLISHMENT OF UNI- FORM STANDARDS AND CRITERIA FOR TESTING AND IN- SPECTING HIGHWAYS AND BRIDGES Pub. L. 97–424, title I, § 110(b), (c), Jan. 6, 1983, 96 Stat. 2105, provided that: ‘‘(b) The Secretary of Transportation shall enter into appropriate arrangements with the National Academy of Sciences (1) to conduct a study of the safety cost-ef- fectiveness of geometric design criteria of standards currently in effect for construction and reconstruction of highways, other than highways access to which is fully controlled, to determine the most appropriate minimum standards to apply to resurfacing, restora- tion, and rehabilitation projects on such highways, which study shall include a study of the cost effective- ness of the hot dip galvanizing process for the installa- tion, repair, or replacement of exposed structural and miscellaneous steel, and (2) to propose standards to pre- serve and extend the service life of such highways and enhance highway safety. The National Academy of Sciences shall conduct such study in cooperation with the National Transportation Safety Board, the Con- gressional Budget Office, and the American Association of State Highway and Transportation Officials. Upon completion of such study, the National Academy of Sciences shall submit such study and its proposed standards to the Secretary of Transportation for re- view. Within ninety days after submission of such standards to the Secretary of Transportation, the Sec- retary shall submit such study and the proposed stand- ards of the National Academy of Sciences, together with the recommendations of the Secretary, to Con- gress for approval. ‘‘(c)(1) The Secretary of Transportation is directed to coordinate a study with the National Bureau of Stand- ards, the American Society for Testing and Materials, and other organizations as deemed appropriate, (A) to determine the existing quality of design, construction, products, use, and systems for highways and bridges; (B) to determine the need for uniform standards and criteria for design, processing, products, and applica- tions, including personnel training and implementation of enforcement techniques; and (C) to determine the manpower needs and costs of developing a national sys- tem for the evaluation and accreditation of testing and inspection agencies. ‘‘(2) The Secretary shall submit such study to the Congress not later than one year after the date of en- actment of this section [Jan. 6, 1983].’’ EXPENDITURE OF FEDERAL FUNDS FOR HIGHWAY SIGNS USING METRIC SYSTEM Pub. L. 95–599, title I, § 144, Nov. 6, 1978, 92 Stat. 2713, as amended by Pub. L. 96–106, § 14, Nov. 9, 1979, 93 Stat. 798, which prohibited use of Federal funds for signing solely in the metric system, was repealed by Pub. L. 102–240, title I, § 1053, Dec. 18, 1991, 105 Stat. 2001. MODIFICATION OF PROJECT AGREEMENTS TO EFFECTUATE REQUIREMENT OF FOUR-LANES OF TRAFFIC Authorization to modify projects agreements entered into prior to September 13, 1966, to effectuate the amendment of this section by Pub. L. 89–574 which added the requirement of four-lanes of traffic, see sec- tion 5(b) of Pub. L. 89–574, set out as a note under sec- tion 106 of this title. [§ 110. Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575] Section, added and amended Pub. L. 105–178, title I, § 1105(a), (c), June 9, 1998, 112 Stat. 130; Pub. L. 105–206, title IX, § 9002(e), July 22, 1998, 112 Stat. 835; Pub. L. 106–113, div. B, § 1000(a)(5) [title III, § 304], Nov. 29, 1999, 113 Stat. 1536, 1501A–306; Pub. L. 106–159, title I, § 102(a)(2), Dec. 9, 1999, 113 Stat. 1752; Pub. L. 109–59, title I, § 1105(a)–(e), Aug. 10, 2005, 119 Stat. 1165, 1166, re- lated to revenue aligned budget authority. Another section 110 was renumbered section 126 of this title. A prior section 110, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 894, related to project agreements, prior to repeal by Pub. L. 105–178, title I, § 1105(a), June 9, 1998, 112 Stat. 130. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. § 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 depart- ment for the construction of projects on the Interstate System shall contain a clause pro- viding that the State will not add any points of access to, or exit from, the project in addition to Page 86 TITLE 23—HIGHWAYS § 111 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 commer- cial 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 pave- ment 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 en- tered 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 Inter- state System (1) if such establishment (A) was in existence before January 1, 1960, (B) is owned by a State, and (C) is operated through con- cessionaries or otherwise, and (2) if all access to, and exits from, such establishment conform to the standards established for such a highway under this title. (b) REST AREAS.— (1) IN GENERAL.—Notwithstanding subsection (a), the Secretary shall permit a State to ac- quire, construct, operate, and maintain a rest area along a highway on the Interstate Sys- tem in such State. (2) LIMITED ACTIVITIES.—The Secretary shall permit limited commercial activities within a rest area under paragraph (1), if the activities are available only to customers using the rest area and are limited to— (A) commercial advertising and media dis- plays if such advertising and displays are— (i) exhibited solely within any facility constructed in the rest area; and (ii) not legible from the main traveled way; (B) items designed to promote tourism in the State, limited to books, DVDs, and other media; (C) tickets for events or attractions in the State of a historical or tourism-related na- ture; (D) travel-related information, including maps, travel booklets, and hotel coupon booklets; and (E) lottery machines, provided that the priority afforded to blind vendors under sub- section (c) applies to this subparagraph. (3) PRIVATE OPERATORS.—A State may per- mit a private party to operate such commer- cial activities. (4) LIMITATION ON USE OF REVENUES.—A State shall use any revenues received from the com- mercial activities in a rest area under this sec- tion to cover the costs of acquiring, con- structing, operating, and maintaining rest areas in the State. (c) VENDING MACHINES.—Notwithstanding sub- section (a), any State may permit the placement of vending machines in rest and recreation areas, and in safety rest areas, constructed or located on rights-of-way of the Interstate Sys- tem in such State. Such vending machines may only dispense such food, drink, and other arti- cles as the State transportation department de- termines are appropriate and desirable. Such vending machines may only be operated by the State. In permitting the placement of vending machines, the State shall give priority to vend- ing machines which are operated through the State licensing agency designated pursuant to section 2(a)(5) of the Act of June 20, 1936, com- monly known as the ‘‘Randolph-Sheppard Act’’ (20 U.S.C. 107a(a)(5)). The costs of installation, operation, and maintenance of vending ma- chines shall not be eligible for Federal assist- ance under this title. (d) MOTORIST CALL BOXES.— (1) IN GENERAL.—Notwithstanding subsection (a), a State may permit the placement of mo- torist call boxes on rights-of-way of the Na- tional Highway System. Such motorist call boxes may include the identification and spon- sorship logos of such call boxes. (2) SPONSORSHIP LOGOS.— (A) APPROVAL BY STATE AND LOCAL AGEN- CIES.—All call box installations displaying sponsorship logos under this subsection shall be approved by the highway agencies having jurisdiction of the highway on which they are located. (B) SIZE ON BOX.—A sponsorship logo may be placed on the call box in a dimension not to exceed the size of the call box or a total dimension in excess of 12 inches by 18 inches. (C) SIZE ON IDENTIFICATION SIGN.—Sponsor- ship logos in a dimension not to exceed 12 inches by 30 inches may be displayed on a call box identification sign affixed to the call box post. (D) SPACING OF SIGNS.—Sponsorship logos affixed to an identification sign on a call box post may be located on the rights-of-way at intervals not more frequently than 1 per every 5 miles. (E) DISTRIBUTION THROUGHOUT STATE.— Within a State, at least 20 percent of the call boxes displaying sponsorship logos shall be located on highways outside of urbanized areas with a population greater than 50,000. (3) NONSAFETY HAZARDS.—The call boxes and their location, posts, foundations, and mount- ings shall be consistent with requirements of the Manual on Uniform Traffic Control De- vices or any requirements deemed necessary by the Secretary to assure that the call boxes shall not be a safety hazard to motorists. (e) JUSTIFICATION REPORTS.—If the Secretary requests or requires a justification report for a project that would add a point of access to, or exit from, the Interstate System (including new or modified freeway-to-crossroad interchanges inside a transportation management area), the Secretary may permit a State transportation department to approve the report. Page 87 TITLE 23—HIGHWAYS § 112 (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 87–61, title I, § 104(a), June 29, 1961, 75 Stat. 122; Pub. L. 95–599, title I, § 114, Nov. 6, 1978, 92 Stat. 2697; Pub. L. 100–17, title I, § 110(a), Apr. 2, 1987, 101 Stat. 146; Pub. L. 104–59, title III, § 306, Nov. 28, 1995, 109 Stat. 580; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, § 1412, Aug. 10, 2005, 119 Stat. 1234; Pub. L. 110–244, title I, § 104, June 6, 2008, 122 Stat. 1578; Pub. L. 112–141, div. A, title I, §§ 1505, 1539(a), July 6, 2012, 126 Stat. 564, 587; Pub. L. 114–94, div. A, title I, § 1405, Dec. 4, 2015, 129 Stat. 1410.) Editorial Notes AMENDMENTS 2015—Subsec. (e). Pub. L. 114–94 inserted ‘‘(including new or modified freeway-to-crossroad interchanges in- side a transportation management area)’’ after ‘‘the Interstate System’’. 2012—Subsec. (a). Pub. L. 112–141, § 1539(a)(1), inserted ‘‘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’’ before period at end of second sentence. Subsecs. (b) to (d). Pub. L. 112–141, § 1539(a)(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Subsec. (e). Pub. L. 112–141, § 1505, added subsec. (e). 2008—Subsec. (d). Pub. L. 110–244 struck out subsec. (d) which related to idling reduction facilities in rights- of-way of Interstate System. 2005—Subsec. (d). Pub. L. 109–59 added subsec. (d). 1998—Subsecs. (a), (b). Pub. L. 105–178 substituted ‘‘State transportation department’’ for ‘‘State highway department’’. 1995—Subsec. (c). Pub. L. 104–59 added subsec. (c). 1987—Pub. L. 100–17 designated existing provision as subsec. (a), inserted heading for subsec. (a), and added subsec. (b). 1978—Pub. L. 95–599 inserted provision listing situa- tions which would not require the discontinuance, ob- struction, or removal of any establishment for serving motor vehicle users. 1961—Pub. L. 87–61 substituted ‘‘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 high- way, as will not require or permit vehicular access to such space directly from such established grade line of the highway, or otherwise interfere’’ for ‘‘to use the airspace above and below the established grade line of the highway pavement for the parking of motor vehi- cles provided such use does not interfere’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. 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. INTERSTATE OASIS PROGRAM Pub. L. 109–59, title I, § 1310, Aug. 10, 2005, 119 Stat. 1219, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this section [Aug. 10, 2005], in con- sultation with the States and other interested parties, the Secretary [of Transportation] shall— ‘‘(1) establish an interstate oasis program; and ‘‘(2) after providing an opportunity for public com- ment, develop standards for designating, as an inter- state oasis, a facility that— ‘‘(A) offers— ‘‘(i) products and services to the public; ‘‘(ii) 24-hour access to restrooms; and ‘‘(iii) parking for automobiles and heavy trucks; and ‘‘(B) meets other standards established by the Secretary. ‘‘(b) STANDARDS FOR DESIGNATION.—The standards for designation under subsection (a) shall include stand- ards relating to— ‘‘(1) the appearance of a facility; and ‘‘(2) the proximity of the facility to the Dwight D. Eisenhower National System of Interstate and De- fense Highways. ‘‘(c) ELIGIBILITY FOR DESIGNATION.—If a State (as de- fined in section 101(a) of title 23, United States Code) elects to participate in the interstate oasis program, any facility meeting the standards established by the Secretary [of Transportation] shall be eligible for des- ignation under this section. ‘‘(d) LOGO.—The Secretary [of Transportation] shall design a logo to be displayed by a facility designated under this section.’’ VENDING MACHINES; PLACEMENT IN REST, RECREATION, AND SAFETY REST AREAS; STATE OPERATION OF MA- CHINES Pub. L. 97–424, title I, § 111, Jan. 6, 1983, 96 Stat. 2106, provided that notwithstanding section 111 of this title before Oct. 1, 1983, any State could permit placement of vending machines in rest and recreation areas and in safety rest areas constructed or located on rights-of- way of National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Inter- state and Defense Highways] in such State. Such vend- ing machines could only dispense such food, drink, and other articles as the State highway department deter- mined were appropriate and desirable. Such vending machines could only be operated by the State. In per- mitting the placement of vending machines under this section, the State had to give priority to vending ma- chines which were operated through the State licensing agency designated pursuant to section 2(a)(5) of the Act of June 20, 1936, known as the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)). DEMONSTRATION PROJECT FOR VENDING MACHINES IN REST AND RECREATION AREAS Pub. L. 95–599, title I, § 153, Nov. 6, 1978, 92 Stat. 2716, authorized Secretary of Transportation to implement a demonstration project respecting placement of vending machines in rest and recreation areas and to report not later than two years after Nov. 6, 1978, on results of such project. REVISION OF AGREEMENTS RELATING TO UTILIZATION OF SPACE ON RIGHTS-OF-WAY Pub. L. 87–61, title I, § 104(b), June 29, 1961, 75 Stat. 123, authorized Secretary of Commerce [now Transpor- tation], on application, to revise any agreement made prior to June 29, 1961, to extent that such agreement re- lates to utilization of space on rights-of-way on Na- tional System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and De- fense Highways] to conform to section 111 of this title as amended by subsection (a). § 112. Letting of contracts (a) In all cases where the construction is to be performed by the State transportation depart- ment or under its supervision, a request for sub- mission of bids shall be made by advertisement unless some other method is approved by the Secretary. The Secretary shall require such