§ 109. — Standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC109]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 109. Standards
(a) In General.--The Secretary shall ensure that the plans and
specifications for each proposed highway project under this chapter
provide for a facility that will--
(1) adequately serve the existing and planned future traffic of
the highway in a manner that is conducive to safety, durability, and
economy of maintenance; and
(2) be designed and constructed in accordance with criteria best
suited to accomplish the objectives described in paragraph (1) and
to conform to the particular needs of each locality.
(b) The geometric and construction standards to be adopted for the
Interstate System shall be those approved by the Secretary in
cooperation with the State transportation departments. Such standards,
as applied to each actual construction project, shall be adequate to
enable such project to accommodate the types and volumes of traffic
anticipated for such project for the twenty-year period commencing on
the date of approval by the Secretary, under section 106 of this title,
of the plans, specifications, and estimates for actual construction of
such project. Such standards shall in all cases provide for at least
four lanes of traffic. The right-of-way width of the Interstate System
shall be adequate to permit construction of projects on the Interstate
System to such standards. The Secretary shall apply such standards
uniformly throughout all the States.
(c) Design Criteria for National Highway System.--
(1) In general.--A design for new construction, reconstruction,
resurfacing (except for maintenance resurfacing), restoration, or
rehabilitation of a highway on the National Highway System (other
than a highway also on the Interstate System) may take into account,
in addition to the criteria described in subsection (a)--
(A) the constructed and natural environment of the area;
(B) the environmental, scenic, aesthetic, historic,
community, and preservation impacts of the activity; and
(C) access for other modes of transportation.
(2) Development of criteria.--The Secretary, in cooperation with
State transportation departments, may develop criteria to implement
paragraph (1). In developing criteria under this paragraph, the
Secretary shall consider the results of the committee process of the
American Association of State Highway and Transportation Officials
as used in adopting and publishing ``A Policy on Geometric Design of
Highways and Streets'', including comments submitted by interested
parties as part of such process.
(d) On any highway project in which Federal funds hereafter
participate, or on any such project constructed since December 20, 1944,
the location, form and character of informational, regulatory and
warning signs, curb and pavement or other markings, and traffic signals
installed or placed by any public authority or other agency, shall be
subject to the approval of the State transportation department with the
concurrence of the Secretary, who is directed to concur only in such
installations as will promote the safe and efficient utilization of the
highways.
(e) No funds shall be approved for expenditure on any Federal-aid
highway, or highway affected under chapter 2 of this title, unless
proper safety protective devices complying with safety standards
determined by the Secretary at that time as being adequate shall be
installed or be in operation at any highway and railroad grade crossing
or drawbridge on that portion of the highway with respect to which such
expenditures are to be made.
(f) The Secretary shall not, as a condition precedent to his
approval under section 106 of this title, require any State to acquire
title to, or control of, any marginal land along the proposed highway in
addition to that reasonably necessary for road surfaces, median strips,
bikeways, gutters, ditches, and side slopes, and of sufficient width to
provide service roads for adjacent property to permit safe access at
controlled locations in order to expedite traffic, promote safety, and
minimize roadside parking.
(g) The Secretary shall issue within 30 days after the day of
enactment of the Federal-Aid Highway Act of 1970 guidelines for
minimizing possible soil erosion from highway construction. Such
guidelines shall apply to all proposed projects with respect to which
plans, specifications, and estimates are approved by the Secretary after
the issuance of such guidelines.
(h) Not later than July 1, 1972, the Secretary, after consultation
with appropriate Federal and State officials, shall submit to Congress,
and not later than 90 days after such submission, promulgate guidelines
designed to assure that possible adverse economic, social, and
environmental effects relating to any proposed project on any Federal-
aid system have been fully considered in developing such project, and
that the final decisions on the project are made in the best overall
public interest, taking into consideration the need for fast, safe and
efficient transportation, public services, and the costs of eliminating
or minimizing such adverse effects and the following:
(1) air, noise, and water pollution;
(2) destruction or disruption of man-made and natural resources,
aesthetic values, community cohesion and the availability of public
facilities and services;
(3) adverse employment effects, and tax and property value
losses;
(4) injurious displacement of people, businesses and farms; and
(5) disruption of desirable community and regional growth.
Such guidelines shall apply to all proposed projects with respect to
which plans, specifications, and estimates are approved by the Secretary
after the issuance of such guidelines.
(i) The Secretary, after consultation with appropriate Federal,
State, and local officials, shall develop and promulgate standards for
highway noise levels compatible with different land uses and after July
1, 1972, shall not approve plans and specifications for any proposed
project on any Federal-aid system for which location approval has not
yet been secured unless he determines that such plans and specifications
include adequate measures to implement the appropriate noise level
standards. The Secretary, after consultation with the Administrator of
the Environmental Protection Agency and appropriate Federal, State, and
local officials, may promulgate standards for the control of highway
noise levels for highways on any Federal-aid system for which project
approval has been secured prior to July 1, 1972. The Secretary may
approve any project on a Federal-aid system to which noise-level
standards are made applicable under the preceding sentence for the
purpose of carrying out such standards. Such project may include, but is
not limited to, the acquisition of additional rights-of-way, the
construction of physical barriers, and landscaping. Sums apportioned for
the Federal-aid system on which such project will be located shall be
available to finance the Federal share of such project. Such project
shall be deemed a highway project for all purposes of this title.
(j) The Secretary, after consultation with the Administrator of the
Environmental Protection Agency, shall develop and promulgate guidelines
to assure that highways constructed pursuant to this title are
consistent with any approved plan for--
(1) the implementation of a national ambient air quality
standard for each pollutant for which an area is designated as a
nonattainment area under section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or
(2) the maintenance of a national ambient air quality standard
in an area that was designated as a nonattainment area but that was
later redesignated by the Administrator as an attainment area for
the standard and that is required to develop a maintenance plan
under section 175A of the Clean Air Act (42 U.S.C. 7505a).
(k) The Secretary shall not approve any project involving approaches
to a bridge under this title, if such project and bridge will
significantly affect the traffic volume and the highway system of a
contiguous State without first taking into full consideration the views
of that State.
(l)(1) In determining whether any right-of-way on any Federal-aid
highway should be used for accommodating any utility facility, the
Secretary shall--
(A) first ascertain the effect such use will have on highway and
traffic safety, since in no case shall any use be authorized or
otherwise permitted, under this or any other provision of law, which
would adversely affect safety;
(B) evaluate the direct and indirect environmental and economic
effects of any loss of productive agricultural land or any
impairment of the productivity of any agricultural land which would
result from the disapproval of the use of such right-of-way for the
accommodation of such utility facility; and
(C) consider such environmental and economic effects together
with any interference with or impairment of the use of the highway
in such right-of-way which would result from the use of such right-
of-way for the accommodation of such utility facility.
(2) For the purpose of this subsection--
(A) the term ``utility facility'' means any privately, publicly,
or cooperatively owned line, facility, or system for producing,
transmitting, or distributing communications, power, electricity,
light, heat, gas, oil, crude products, water, steam, waste, storm
water not connected with highway drainage, or any other similar
commodity, including any fire or police signal system or street
lighting system, which directly or indirectly serves the public; and
(B) the term ``right-of-way'' means any real property, or
interest therein, acquired, dedicated, or reserved for the
construction, operation, and maintenance of a highway.
(m) Protection of Nonmotorized Transportation Traffic.--The
Secretary shall not approve any project or take any regulatory action
under this title that will result in the severance of an existing major
route or have significant adverse impact on the safety for nonmotorized
transportation traffic and light motorcycles, unless such project or
regulatory action provides for a reasonable alternate route or such a
route exists.
(n) It is the intent of Congress that any project for resurfacing,
restoring, or rehabilitating any highway, other than a highway access to
which is fully controlled, in which Federal funds participate shall be
constructed in accordance with standards to preserve and extend the
service life of highways and enhance highway safety.
(o) Compliance With State Laws for Non-NHS Projects.--Projects
(other than highway projects on the National Highway System) shall be
designed, constructed, operated, and maintained in accordance with State
laws, regulations, directives, safety standards, design standards, and
construction standards.
(p) Scenic and Historic Values.--Notwithstanding subsections (b) and
(c), the Secretary may approve a project for the National Highway System
if the project is designed to--
(1) allow for the preservation of environmental, scenic, or
historic values;
(2) ensure safe use of the facility; and
(3) comply with subsection (a).
(q) Phase Construction.--Safety considerations for a project under
this title may be met by phase construction consistent with the
operative safety management system established in accordance with
section 303 or in accordance with a statewide transportation improvement
program approved by the Secretary.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 894; Pub. L. 88-157, Sec. 4,
Oct. 24, 1963, 77 Stat. 277; Pub. L. 89-574, Secs. 5(a), 14, Sept. 13,
1966, 80 Stat. 767, 771; Pub. L. 91-605, title I, Sec. 136(a), (b), Dec.
31, 1970, 84 Stat. 1734; Pub. L. 93-87, title I, Secs. 114, 152(2), 156,
Aug. 13, 1973, 87 Stat. 257, 276, 277; Pub. L. 95-599, title I,
Secs. 113, 116(d), 141(f), (g), Nov. 6, 1978, 92 Stat. 2696, 2699, 2711;
Pub. L. 96-106, Sec. 3, Nov. 9, 1979, 93 Stat. 797; Pub. L. 97-424,
title I, Sec. 110(a), Jan. 6, 1983, 96 Stat. 2105; Pub. L. 102-240,
title I, Sec. 1016(c)-(f)(1), Dec. 18, 1991, 105 Stat. 1946; Pub. L.
104-59, title III, Secs. 304, 305(a), Nov. 28, 1995, 109 Stat. 579, 580;
Pub. L. 105-178, title I, Secs. 1202(c), 1212(a)(2)(A), 1306, June 9,
1998, 112 Stat. 169, 193, 229.)
References in Text
The day of enactment of the Federal-Aid Highway Act of 1970,
referred to in subsec. (g), is Dec. 31, 1970.
Amendments
1998--Subsecs. (b), (c)(2). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii),
substituted ``State transportation departments'' for ``State highway
departments''.
Subsec. (d). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
``State transportation department'' for ``State highway department''.
Subsec. (m). Pub. L. 105-178, Sec. 1306(a), redesignated subsec. (n)
as (m) and struck out former subsec. (m) which read as follows: ``The
Secretary shall issue guidelines describing the criteria applicable to
the Interstate System in order to insure that the condition of these
routes is maintained at the level required by the purposes for which
they were designed. The initial guidelines shall be issued no later than
October 1, 1979.''
Subsec. (n). Pub. L. 105-178, Sec. 1306(a)(2), redesignated subsec.
(o) as (n). Former subsec. (n) redesignated (m).
Pub. L. 105-178, Sec. 1202(c), inserted heading and amended text of
subsec. (n) generally. Prior to amendment, text read as follows: ``The
Secretary shall not approve any project under this title that will
result in the severance or destruction of an existing major route for
nonmotorized transportation traffic and light motorcycles, unless such
project provides a reasonably alternate route or such a route exists.''
Subsecs. (o) to (q). Pub. L. 105-178, Sec. 1306(a)(2), (b), added
subsec. (q) and redesignated former subsecs. (p) and (q) as (o) and (p),
respectively. Former subsec. (o) redesignated (n).
1995--Subsec. (a). Pub. L. 104-59, Sec. 304(1), added subsec. (a)
and struck out former subsec. (a) which read as follows: ``The Secretary
shall not approve plans and specifications for proposed highway projects
under this chapter if they fail to provide for a facility (1) that will
adequately meet the existing and probable future traffic needs and
conditions in a manner conducive to safety, durability, and economy of
maintenance; (2) that will be designed and constructed in accordance
with standards best suited to accomplish the foregoing objectives and to
conform to the particular needs of each locality.''
Subsec. (c). Pub. L. 104-59, Sec. 304(2), added subsec. (c) and
struck out former subsec. (c) which read as follows:
``(c) Design and Construction Standards for NHS.--Design and
construction standards to be adopted for new construction on the
National Highway System, for reconstruction on the National Highway
System, and for resurfacing, restoring, and rehabilitating multilane
limited access highways on the National Highway System shall be those
approved by the Secretary in cooperation with the State highway
departments. All eligible work for such projects shall meet or exceed
such standards.''
Subsec. (j). Pub. L. 104-59, Sec. 305(a), substituted ``plan for--''
and pars. (1) and (2) for ``plan for the implementation of any ambient
air quality standard for any air quality control region designated
pursuant to the Clean Air Act, as amended.''
Subsec. (q). Pub. L. 104-59, Sec. 304(3), added subsec. (q) and
struck out former subsec. (q) which read as follows:
``(q) Historic and Scenic Values.--If a proposed project under
sections 103(e)(4), 133, or 144 involves a historic facility or is
located in an area of historic or scenic value, the Secretary may
approve such project notwithstanding the requirements of subsections (a)
and (b) of this section and section 133(c) if such project is designed
to standards that allow for the preservation of such historic or scenic
value and such project is designed with mitigation measures to allow
preservation of such value and ensure safe use of the facility.''
1991--Subsec. (a). Pub. L. 102-240, Sec. 1016(f)(1)(A), substituted
``highway projects under this chapter'' for ``projects on any Federal-
aid system''.
Subsec. (c). Pub. L. 102-240, Sec. 1016(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``Projects
on the Federal-aid secondary system in which Federal funds participate
shall be constructed according to specifications that will provide all-
weather service and permit maintenance at a reasonable cost.''
Subsec. (l)(1). Pub. L. 102-240, Sec. 1016(f)(1)(B), substituted
``highway'' for ``system'' in introductory provisions.
Subsecs. (p), (q). Pub. L. 102-240, Sec. 1016(d), (e), added
subsecs. (p) and (q).
1983--Subsec. (o). Pub. L. 97-424 added subsec. (o).
1979--Subsec. (l)(1)(A). Pub. L. 96-106 struck out ``any aspect of''
after ``adversely affect''.
1978--Subsec. (f). Pub. L. 95-599, Sec. 141(f), inserted
``bikeways'' after ``surfaces, median strips,''.
Subsec. (l). Pub. L. 95-599, Sec. 113, added subsec. (l).
Subsec. (m). Pub. L. 95-599, Sec. 116(d), added subsec. (m).
Subsec. (n). Pub. L. 95-599, Sec. 141(g), added subsec. (n).
1973--Subsec. (g). Pub. L. 93-87, Sec. 152(2), substituted ``Act''
for ``Rct'', thus correcting the popular name to read ``Federal-Aid
Highway Act of 1970''.
Subsec. (i). Pub. L. 93-87, Sec. 114, authorized promulgation of
noise-level standards for highways on any Federal-aid system for which
project approval has been secured prior to July 1, 1972, and approval of
any project on a Federal-aid system to which noise-level standards are
made applicable, described the range of the projects, made money
available for financing Federal share of the project, and deemed such
project a highway project for all purposes of this title.
Subsec. (k). Pub. L. 93-87, Sec. 156, added subsec. (k).
1970--Subsec. (g). Pub. L. 91-605, Sec. 136(a), substituted
provisions ordering the Secretary to issue within 30 days after Dec. 31,
1970, guidelines, which will apply to all proposed projects approved by
the Secretary after their issuance, for minimizing soil erosion from
highway construction for provisions authorizing the Secretary to consult
with the Secretary of Agriculture respecting guidelines for minimizing
soil erosion from highway construction and report such guidelines to
Congress not later than July 1, 1967.
Subsecs. (h) to (j). Pub. L. 91-605, Sec. 136(b), added subsecs. (h)
to (j).
1966--Subsec. (b). Pub. L. 89-574, Sec. 5(a), required that in all
cases the standards provide for at least four lanes of traffic.
Subsec. (g). Pub. L. 89-574, Sec. 14, added subsec. (g).
1963--Subsec. (b). Pub. L. 88-157 substituted ``Such standards, as
applied to each actual construction project, shall be adequate to enable
such project to accommodate the types and volumes of traffic anticipated
for such project for the twenty-year period commencing on the date of
approval by the Secretary, under section 106 of this title, of the
plans, specifications, and estimates for actual construction of such
project'' for ``Such standards shall be adequate to accommodate the
types and volumes of traffic forecast for the year 1975'', struck out
``up'' before ``to such standards'' and inserted ``all'' in phrase
``throughout all the States''.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable
to funds authorized to be appropriated or made available after Sept. 30,
1991, and, with certain exceptions, not applicable to funds appropriated
or made available on or before Sept. 30, 1991, see section 1100 of Pub.
L. 102-240, set out as a note under section 104 of this title.
International Roughness Index
Pub. L. 105-178, title I, Sec. 1213(b), June 9, 1998, 112 Stat. 200,
provided that:
``(1) Study.--The Comptroller General of the United States shall
conduct a study on the international roughness index that is used as an
indicator of pavement quality on the Federal-aid highway system.
``(2) Required elements.--The study shall specify the extent of
usage of the index and the extent to which the international roughness
index measurement is reliable across different manufacturers and types
of pavement.
``(3) Report to congress.--Not later than 2 years after the date of
enactment of this Act [June 9, 1998], the Comptroller General shall
submit to Congress a report on the results of the study.''
Environmental Streamlining
Pub. L. 105-178, title I, Sec. 1309, June 9, 1998, 112 Stat. 232, as
amended by Pub. L. 105-206, title IX, Sec. 9004(c), July 22, 1998, 112
Stat. 843, provided that:
``(a) Coordinated Environmental Review Process.--
``(1) Development and implementation.--The Secretary shall
develop and implement a coordinated environmental review process for
highway construction and mass transit projects that require--
``(A) the preparation of an environmental impact statement
or environmental assessment under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), except that the
Secretary may decide not to apply this section to the
preparation of an environmental assessment under such Act; or
``(B) the conduct of any other environmental review,
analysis, opinion, or issuance of an environmental permit,
license, or approval by operation of Federal law.
``(2) Memorandum of understanding.--
``(A) In general.--The coordinated environmental review
process for each project shall ensure that, whenever practicable
(as specified in this section), all environmental reviews,
analyses, opinions, and any permits, licenses, or approvals that
must be issued or made by any Federal agency for the project
concerned shall be conducted concurrently and completed within a
cooperatively determined time period. Such process for a project
or class of project may be incorporated into a memorandum of
understanding between the Department of Transportation and
Federal agencies (and, where appropriate, State agencies).
``(B) Establishment of time periods.--In establishing the
time period referred to in subparagraph (A), and any time
periods for review within such period, the Department and all
such agencies shall take into account their respective resources
and statutory commitments.
``(b) Elements of Coordinated Environmental Review Process.--For
each project, the coordinated environmental review process established
under this section shall provide, at a minimum, for the following
elements:
``(1) Federal agency identification.--The Secretary shall, at
the earliest possible time, identify all potential Federal agencies
that--
``(A) have jurisdiction by law over environmental-related
issues that may be affected by the project and the analysis of
which would be part of any environmental document required by
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); or
``(B) may be required by Federal law to independently--
``(i) conduct an environmental-related review or
analysis; or
``(ii) determine whether to issue a permit, license, or
approval or render an opinion on the environmental impact of
the project.
``(2) Time limitations and concurrent review.--The Secretary and
the head of each Federal agency identified under paragraph (1)--
``(A)(i) shall jointly develop and establish time periods
for review for--
``(I) all Federal agency comments with respect to any
environmental review documents required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
for the project; and
``(II) all other independent Federal agency
environmental analyses, reviews, opinions, and decisions on
any permits, licenses, and approvals that must be issued or
made for the project;
whereby each such Federal agency's review shall be undertaken and
completed within such established time periods for review; or
``(ii) may enter into an agreement to establish such time
periods for review with respect to a class of project; and
``(B) shall ensure, in establishing such time periods for
review, that the conduct of any such analysis, review, opinion,
and decision is undertaken concurrently with all other
environmental reviews for the project, including the reviews
required by the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); except that such review may not be
concurrent if the affected Federal agency can demonstrate that
such concurrent review would result in a significant adverse
impact to the environment or substantively alter the operation
of Federal law or would not be possible without information
developed as part of the environmental review process.
``(3) Factors to be considered.--Time periods for review
established under this section shall be consistent with the time
periods established by the Council on Environmental Quality under
sections 1501.8 and 1506.10 of title 40, Code of Federal
Regulations.
``(4) Extensions.--The Secretary shall extend any time periods
for review under this section if, upon good cause shown, the
Secretary and any Federal agency concerned determine that additional
time for analysis and review is needed as a result of new
information that has been discovered that could not reasonably have
been anticipated when the Federal agency's time periods for review
were established. Any memorandum of understanding shall be modified
to incorporate any mutually agreed-upon extensions.
``(c) Dispute Resolution.--When the Secretary determines that a
Federal agency which is subject to a time period for its environmental
review or analysis under this section has failed to complete such
review, analysis, opinion, or decision on issuing any permit, license,
or approval within the established time period or within any agreed-upon
extension to such time period, the Secretary may, after notice and
consultation with such agency, close the record on the matter before the
Secretary. If the Secretary finds, after timely compliance with this
section, that an environmental issue related to the project that an
affected Federal agency has jurisdiction over by operation of Federal
law has not been resolved, the Secretary and the head of the Federal
agency shall resolve the matter not later than 30 days after the date of
the finding by the Secretary.
``(d) Participation of State Agencies.--For any project eligible for
assistance under chapter 1 of title 23, United States Code, or chapter
53 of title 49, United States Code, a State, by operation of State law,
may require that all State agencies that have jurisdiction by State or
Federal law over environmental-related issues that may be affected by
the project, or that are required to issue any environmental-related
reviews, analyses, opinions, or determinations on issuing any permits,
licenses, or approvals for the project, be subject to the coordinated
environmental review process established under this section unless the
Secretary determines that a State's participation would not be in the
public interest. For a State to require State agencies to participate in
the review process, all affected agencies of the State shall be subject
to the review process.
``(e) Assistance to Affected Federal Agencies.--
``(1) In general.--The Secretary may approve a request by a
State or recipient to provide funds for a highway project made
available under chapter 1 of title 23, United States Code, or for a
mass transit project made available under chapter 53 of title 49,
United States Code, to the State for the project subject to the
coordinated environmental review process established under this
section to affected Federal agencies to provide the resources
necessary to meet any time limits established under this section.
``(2) Amounts.--Such requests under paragraph (1) shall be
approved only--
``(A) for the additional amounts that the Secretary
determines are necessary for the affected Federal agencies to
meet the time limits for environmental review; and
``(B) if such time limits are less than the customary time
necessary for such review.
``(f) Judicial Review and Savings Clause.--
``(1) Judicial review.--Nothing in this section shall affect the
reviewability of any final Federal agency action in a district court
of the United States or in the court of any State.
``(2) Savings clause.--Nothing in this section shall affect the
applicability of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or any other Federal environmental statute or
affect the responsibility of any Federal officer to comply with or
enforce any such statute.
``(g) Federal Agency Defined.--In this section, the term `Federal
agency' means any Federal agency or any State agency carrying out
affected responsibilities required by operation of Federal law.''
Roadside Safety Technologies
Pub. L. 105-178, title I, Sec. 1402, June 9, 1998, 112 Stat. 236, as
amended by Pub. L. 105-206, title IX, Sec. 9005(c), July 22, 1998, 112
Stat. 848, provided that:
``(a) Crash Cushions.--
``(1) Guidance.--Not later than 18 months after the date of
enactment of this Act [June 9, 1998], the Secretary shall issue
guidance regarding the benefits and safety performance of
redirective and nonredirective crash cushions in different road
applications, taking into consideration roadway conditions,
operating speed limits, the location of the crash cushion in the
right-of-way, and any other relevant factors. The guidance shall
include recommendations on the most appropriate circumstances for
utilization of redirective and nonredirective crash cushions.
``(2) Use of guidance.--States shall use the guidance issued
under this subsection in evaluating the safety and cost-
effectiveness of utilizing different crash cushion designs and
determining whether redirective or nonredirective crash cushions or
other safety appurtenances should be installed at specific highway
locations.
``(b) Traffic Flow and Safety Applications of Road Barriers.--
``(1) Study.--The Secretary shall conduct a study on the
technologies and methods to enhance safety, streamline construction,
and improve capacity by providing positive separation at all times
between traffic, equipment, and workers on highway construction
projects. The study shall also address how such technologies can be
used to improve capacity and safety at those specific highway,
bridge, and other appropriate locations where reversible lane,
contraflow, and high occupancy vehicle lane operations are
implemented during peak traffic periods.
``(2) Uses to consider.--In conducting the study, the Secretary
shall consider, at a minimum, uses of positive separation
technologies related to--
``(A) separating workers from traffic flow when work is in
progress;
``(B) providing additional safe work space by utilizing
adjacent and available traffic lanes during off-peak hours;
``(C) rapid deployment to allow for daily or periodic
restoration of lanes for use by traffic during peak hours as
needed;
``(D) mitigating congestion caused by construction by--
``(i) opening all adjacent and available lanes to
traffic during peak traffic hours; or
``(ii) using reversible lanes to optimize capacity of
the highway by adjusting to directional traffic flow; and
``(E) permanent use of positive separation technologies to
create contraflow or reversible lanes to increase the capacity
of congested highways, bridges, and tunnels.
``(3) Report.--Not later than 18 months after the date of
enactment of this Act [June 9, 1998], the Secretary shall submit to
Congress a report on the results of the study. The report shall
include findings and recommendations for the use of the technologies
referred to in paragraph (2) to provide positive separation on
appropriate projects.''
Metric Requirements
Pub. L. 104-59, title II, Sec. 205(c), Nov. 28, 1995, 109 Stat. 577,
as amended by Pub. L. 105-178, title I, Sec. 1211(d), June 9, 1998, 112
Stat. 188, provided that:
``(1) Placement and modification of signs.--The Secretary shall not
require the States to expend any Federal or State funds to construct,
erect, or otherwise place or to modify any sign relating to a speed
limit, distance, or other measurement on a highway for the purpose of
having such sign establish such speed limit, distance, or other
measurement using the metric system.
``(2) Other actions.--The Secretary shall not require that any State
use or plan to use the metric system with respect to designing or
advertising, or preparing plans, specifications, estimates, or other
documents, for a Federal-aid highway project eligible for assistance
under title 23, United States Code.
``(3) Definitions.--In this subsection, the following definitions
apply:
``(A) Highway.--The term `highway' has the meaning such term has
under section 101 of title 23, United States Code.
``(B) Metric system.--The term `metric system' has the meaning
the term `metric system of measurement' has under section 4 of the
Metric Conversion Act of 1975 (15 U.S.C. 205c).''
Type II Noise Barriers
Section 339(b) of Pub. L. 104-59 provided that:
``(1) General rule.--No funds made available out of the Highway
Trust Fund may be used to construct Type II noise barriers (as defined
by section 772.5(i) of title 23, Code of Federal Regulations) pursuant
to subsections (h) and (i) of section 109 of title 23, United States
Code, if such barriers were not part of a project approved by the
Secretary before the date of the enactment of this Act [Nov. 28, 1995].
``(2) Exceptions.--Paragraph (1) shall not apply to construction of
Type II noise barriers along lands that were developed or were under
substantial construction before approval of the acquisition of the
rights-of-ways for, or construction of, the existing highway.''
Highway Signs for National Highway System
Section 359(b) of Pub. L. 104-59 provided that:
``(1) Study.--The Secretary shall conduct a study to determine the
cost, need, and efficacy of establishing a highway sign for identifying
routes on the National Highway System. In conducting the study, the
Secretary shall make a determination concerning whether to identify
National Highway System route numbers.
``(2) Report.--Not later than March 1, 1997, the Secretary shall
transmit to Congress a report on the results of the study.''
Use of Recycled Paving Material
Section 1038 of Pub. L. 102-240, as amended by Pub. L. 104-59, title
II, Sec. 205(b), title III, Sec. 327, Nov. 28, 1995, 109 Stat. 577, 592,
provided that:
``(a) Asphalt Pavement Containing Recycled Rubber Demonstration
Program.--Notwithstanding any other provision of title 23, United States
Code, or regulation or policy of the Department of Transportation, the
Secretary (or a State acting as the Department's agent) may not
disapprove a highway project under chapter 1 of title 23, United States
Code, on the ground that the project includes the use of asphalt
pavement containing recycled rubber. Under this subsection, a patented
application process for recycled rubber shall be eligible for approval
under the same conditions that an unpatented process is eligible for
approval.
``(b) Studies.--
``(1) In general.--The Secretary and the Administrator of the
Environmental Protection Agency shall coordinate and conduct, in
cooperation with the States, a study to determine--
``(A) the threat to human health and the environment
associated with the production and use of asphalt pavement
containing recycled rubber;
``(B) the degree to which asphalt pavement containing
recycled rubber can be recycled; and
``(C) the performance of the asphalt pavement containing
recycled rubber under various climate and use conditions.
``(2) Division of responsibilities.--The Administrator shall
conduct the part of the study relating to paragraph (1)(A) and the
Secretary shall conduct the part of the study relating to paragraph
(1)(C). The Administrator and the Secretary shall jointly conduct
the study relating to paragraph (1)(B).
``(3) Additional study.--The Secretary and the Administrator, in
cooperation with the States, shall jointly conduct a study to
determine the economic savings, technical performance qualities,
threats to human health and the environment, and environmental
benefits of using recycled materials in highway devices and
appurtenances and highway projects, including asphalt containing
over 80 percent reclaimed asphalt, asphalt containing recycled
glass, and asphalt containing recycled plastic.
``(4) Additional elements.--In conducting the study under
paragraph (3), the Secretary and the Administrator shall examine
utilization of various technologies by States and shall examine the
current practices of all States relating to the reuse and disposal
of materials used in federally assisted highway projects.
``(5) Report.--Not later than 18 months after the date of the
enactment of this Act [Dec. 18, 1991], the Secretary and the
Administrator shall transmit to Congress a report on the results of
the studies conducted under this subsection, including a detailed
analysis of the economic savings and technical performance qualities
of using such recycled materials in federally assisted highway
projects and the environmental benefits of using such recycled
materials in such highway projects in terms of reducing air
emissions, conserving natural resources, and reducing disposal of
the materials in landfills.
``(c) DOT Guidance.--
``(1) Information gathering and distribution.--The Secretary
shall gather information and recommendations concerning the use of
asphalt containing recycled rubber in highway projects from those
States that have extensively evaluated and experimented with the use
of such asphalt and implemented such projects and shall make
available such information and recommendations on the use of such
asphalt to those States which indicate an interest in the use of
such asphalt.
``(2) Encouragement of use.--The Secretary should encourage the
use of recycled materials determined to be appropriate by the
studies pursuant to subsection (b) in federally assisted highway
projects. Procuring agencies shall comply with all applicable
guidelines or regulations issued by the Administrator of the
Environmental Protection Agency.
``(d) Asphalt Pavement Containing Recycled Rubber.--
``(1) Crumb rubber modifier research.--Not later than 180 days
after the date of the enactment of the National Highway System
Designation Act of 1995 [Nov. 28, 1995], the Secretary shall develop
testing procedures and conduct research to develop performance grade
classifications, in accordance with the strategic highway research
program carried out under section 307(d) of title 23, United States
Code, for crumb rubber modifier binders. The testing procedures and
performance grade classifications should be developed in
consultation with representatives of the crumb rubber modifier
industry and other interested parties (including the asphalt paving
industry) with experience in the development of the procedures and
classifications.
``(2) Crumb rubber modifier program development.--
``(A) In general.--The Secretary may make grants to States
to develop programs to use crumb rubber from scrap tires to
modify asphalt pavements.
``(B) Use of grant funds.--Grant funds made available to
States under this paragraph shall be used--
``(i) to develop mix designs for crumb rubber modified
asphalt pavements;
``(ii) for the placement and evaluation of crumb rubber
modified asphalt pavement field tests; and
``(iii) for the expansion of State crumb rubber modifier
programs in existence on the date the grant is made
available.
``(e) Definitions.--For purpose of this section--
``(1) the term `asphalt pavement containing recycled rubber'
means any mixture of asphalt and crumb rubber derived from whole
scrap tires, such that the physical properties of the asphalt are
modified through the mixture, for use in pavement maintenance,
rehabilitation, or construction applications; and
``(2) the term `recycled rubber' is any crumb rubber derived
from processing whole scrap tires or shredded tire material taken
from automobiles, trucks, or other equipment owned and operated in
the United States.''
Survey and Report on Upgrading of Design Standards
Section 1049 of Pub. L. 102-240 directed Secretary to conduct a
survey to identify current State standards relating to geometric design,
traffic control devices, roadside safety, safety appurtenance design,
uniform traffic control devices, and sign legibility and directional
clarity for all Federal-aid highways and, not later than 2 years after
Dec. 18, 1991, to transmit to Congress a report on the results of the
survey and the crashworthiness of traffic lights, traffic signs,
guardrails, impact attenuators, concrete barrier treatments, and
breakaway utility poles for bridges and roadways currently used by
States.
Erosion Control Guidelines
Section 1057 of title I of Pub. L. 102-240 provided that:
``(a) Development.--The Secretary shall develop erosion control
guidelines for States to follow in carrying out construction projects
funded in whole or in part under this title [see Tables for
classification].
``(b) More Stringent State Requirements.--Guidelines developed under
subsection (a) shall not preempt any requirement made by or under State
law if such requirement is more stringent than the guidelines.
``(c) Consistency With Other Programs.--Guidelines developed under
subsection (a) shall be consistent with nonpoint source management
programs under section 319 of the Federal Water Pollution Control Act
[33 U.S.C. 1329] and coastal nonpoint pollution control guidance under
section 6217(g) of the Omnibus Budget Reconciliation Act of 1990 [16
U.S.C. 1455b(g)].''
Roadside Barrier Technology
Section 1058 of Pub. L. 102-240, as amended by Pub. L. 104-59, title
III, Sec. 328, Nov. 28, 1995, 109 Stat. 593, provided that:
``(a) Requirement for Innovative Barriers.--Not less than 2\1/2\
percent of the mileage of new or replacement permanent or temporary
crashworthy barriers included in awarded contracts along Federal-aid
highways within the boundaries of a State in each calendar year shall be
innovative crashworthy safety barriers.
``(b) Certification.--Each State shall annually certify to the
Secretary its compliance with the requirements of this section.
``(c) Definition of Innovative Crashworthy Safety Barrier.--For
purposes of this section, the term `innovative 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
Section 1073 of Pub. L. 102-240 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 establish standards for installation of roadside barriers
and other safety appurtenances, including longitudinal barriers, end
terminals, and crash cushions. Such rulemaking shall reflect state-of-
the-art designs, testing, and evaluation criteria contained in the
National Cooperative 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 regarding 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 guidelines and standards shall accommodate vans, mini-vans,
pickup trucks, and 4-wheel drive vehicles and shall be applicable to the
refurbishment and replacement of existing roadside barriers and safety
appurtenances as well as to the installation of new roadside barriers
and safety appurtenances.''
Studies Relating to Establishment of Standards for Resurfacing,
Restoration, and Rehabilitation of Highways and to Establishment of
Uniform Standards and Criteria for Testing and Inspecting Highways and
Bridges
Section 110(b), (c) of Pub. L. 97-424 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-effectiveness 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, restoration, and rehabilitation projects on such highways,
which study shall include a study of the cost effectiveness of the hot
dip galvanizing process for the installation, repair, or replacement of
exposed structural and miscellaneous steel, and (2) to propose standards
to preserve 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
Congressional 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 review. Within ninety
days after submission of such standards to the Secretary of
Transportation, the Secretary shall submit such study and the proposed
standards of the National Academy of Sciences, together with the
recommendations of the Secretary, to Congress for approval.
``(c)(1) The Secretary of Transportation is directed to coordinate a
study with the National Bureau of Standards, 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
applications, including personnel training and implementation of
enforcement techniques; and (C) to determine the manpower needs and
costs of developing a national system 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 enactment of this section [Jan. 6,
1983].''
Expenditure of Federal Funds for Highway Signs Using Metric System
Section 144 of Pub. L. 95-599, as amended by Pub. L. 96-106,
Sec. 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, Sec. 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
section 5(b) of Pub. L. 89-574, set out as a note under section 106 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 103, 106, 115, 142 of this
title.
