§ 123. — Relocation of utility facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC123]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 123. Relocation of utility facilities
(a) When a State shall pay for the cost of relocation of utility
facilities necessitated by the construction of a project on any Federal-
aid system, Federal funds may be used to reimburse the State for such
cost in the same proportion as Federal funds are expended on the
project. Federal funds shall not be used to reimburse the State under
this section when the payment to the utility violates the law of the
State or violates a legal contract between the utility and the State.
Such reimbursement shall be made only after evidence satisfactory to the
Secretary shall have been presented to him substantiating the fact that
the State has paid such cost from its own funds with respect to Federal-
aid highway projects for which Federal funds are obligated subsequent to
April 16, 1958, for work, including relocation of utility facilities.
(b) The term ``utility'', for the purposes of this section, shall
include publicly, privately, and cooperatively owned utilities.
(c) The term ``cost of relocation'', for the purposes of this
section, shall include the entire amount paid by such utility properly
attributable to such relocation after deducting therefrom any increase
in the value of the new facility and any salvage value derived from the
old facility.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 900; Pub. L. 100-17, title I,
Sec. 133(b)(8), Apr. 2, 1987, 101 Stat. 171.)
Amendments
1987--Subsec. (a). Pub. L. 100-17 substituted ``any Federal-aid
system,'' for ``the Federal-aid primary or secondary systems or on the
Interstate System, including extensions thereof within urban areas,''.
Study of Procurement Practices and Project Delivery
Pub. L. 105-178, title I, Sec. 1213(e), June 9, 1998, 112 Stat. 201,
provided that:
``(1) Study.--The Comptroller General shall conduct a study to
assess the impact that a utility company's failure to relocate its
facilities in a timely manner has on the delivery and cost of Federal-
aid highway and bridge projects. The study shall also assess the
following:
``(A) Methods States use to mitigate such delays, including the
use of the courts to compel cooperation.
``(B) The prevalence and use of incentives to utility companies
for early completion of utility relocations on Federal-aid
transportation project sites and, conversely, penalties assessed on
utility companies for utility relocation delays on such projects.
``(C) The extent to which States have used available
technologies, such as subsurface utility engineering, early in the
design of Federal-aid highway and bridge projects so as to eliminate
or reduce the need for or delays due to utility relocations.
``(D) Whether individual States compensate transportation
contractors for business costs incurred by the contractors when
Federal-aid highway and bridge projects under contract to them are
delayed by utility-company-caused delays in utility relocations and
any methods used by States in making any such compensation.
``(2) Report.--Not later than 1 year after the date of enactment of
this Act [June 9, 1998], the Comptroller General shall transmit to
Congress a report on the results of the study with any recommendations
the Comptroller General determines appropriate as a result of the
study.''
