§ 144. — Highway bridge replacement and rehabilitation program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC144]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 144. Highway bridge replacement and rehabilitation program
(a) Congress hereby finds and declares it to be in the vital
interest of the Nation that a highway bridge replacement and
rehabilitation program be established to enable the several States to
replace or rehabilitate highway bridges over waterways, other
topographical barriers, other highways, or railroads when the States and
the Secretary finds that a bridge is significantly important and is
unsafe because of structural deficiencies, physical deterioration, or
functional obsolescence.
(b) The Secretary, in consultation with the States, shall (1)
inventory all those highway bridges on any Federal-aid system which are
bridges over waterways, other topographical barriers, other highways,
and railroads; (2) classify them according to serviceability, safety,
and essentiality for public use; (3) based on that classification,
assign each a priority for replacement or rehabilitation; and (4)
determine the cost of replacing each such bridge with a comparable
facility or of rehabilitating such bridge.
(c)(1) The Secretary, in consultation with the States, shall (1)
inventory all those highway bridges on public roads, other than those on
any Federal-aid system, which are bridges over waterways, other
topographical barriers, other highways, and railroads, (2) classify them
according to serviceability, safety, and essentiality for public use,
(3) based on the classification, assign each a priority for replacement
or rehabilitation and (4) determine the cost of replacing each such
bridge with a comparable facility or of rehabilitating such bridge.
(2) The Secretary may, at the request of a State, inventory bridges,
on and off the Federal-aid system, for historic significance.
(3) Inventory of indian reservation and park bridges.--As part of
the activities carried out under paragraph (1), the Secretary, in
consultation with the Secretary of the Interior, shall (A) inventory all
those highway bridges on Indian reservation roads and park roads which
are bridges over waterways, other topographical barriers, other
highways, and railroads, (B) classify them according to serviceability,
safety, and essentiality for public use, (C) based on the
classification, assign each a priority for replacement or
rehabilitation, and (D) determine the cost of replacing each such bridge
with a comparable facility or of rehabilitating such bridge.
(d) Whenever any State or States make application to the Secretary
for assistance in replacing or rehabilitating a highway bridge which the
priority system established under subsection (b) and (c) of this section
shows to be eligible, the Secretary may approve Federal participation in
replacing such bridge with a comparable facility or in rehabilitating
such bridge. Whenever any State makes application to the Secretary for
assistance in painting and seismic retrofit, or applying calcium
magnesium acetate, sodium acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and de-icing compositions or
installing scour countermeasures to, the structure of a highway bridge,
the Secretary may approve Federal participation in the painting or
seismic retrofit of, or application of such acetate or sodium acetate/
formate or such anti-icing or de-icing composition or installation of
such countermeasures to, such structure. The Secretary shall determine
the eligibility of highway bridges for replacement or rehabilitation for
each State based upon the unsafe highway bridges in such State, except
that a State may carry out a project for seismic retrofit of a bridge
under this section without regard to whether the bridge is eligible for
replacement or rehabilitation under this section. In approving projects
(other than projects for bridge structure painting or seismic retrofit
or application of such acetate or sodium acetate/formate or such anti-
icing or de-icing composition or installation of such countermeasures)
under this section, the Secretary shall give consideration to those
projects which will remove from service those highway bridges most in
danger of failure.
(e) Funds authorized to carry out this section shall be apportioned
among the several States on October 1 of the fiscal year for which
authorized in accordance with this subsection. Each deficient bridge
shall be placed into one of the following categories: (1) Federal-aid
system bridges eligible for replacement, (2) Federal-aid system bridges
eligible for rehabilitation, (3) off-system bridges eligible for
replacement, and (4) off-system bridges eligible for rehabilitation. The
square footage of deficient bridges in each category shall be multiplied
by the respective unit price on a State-by-State basis, as determined by
the Secretary; and the total cost in each State divided by the total
cost of the deficient bridges in all States shall determine the
apportionment factors. For purposes of the preceding sentence, the total
cost of deficient bridges in a State and in all States shall be reduced
by the total cost of any highway bridges constructed under subsection
(m) in such State, relating to replacement of destroyed bridges and
ferryboat services, and, if a State transfers funds apportioned to the
State under this section in a fiscal year beginning after September 30,
1997, to any other apportionment of funds to such State under this
title, the total cost of deficient bridges in such State and in all
States to be determined for the succeeding fiscal year shall be reduced
by the amount of such transferred funds. No State shall receive more
than 10 per centum or less than 0.25 per centum of the total
apportionment for any one fiscal year. The Secretary shall make these
determinations based upon the latest available data, which shall be
updated annually. Funds apportioned under this section shall be
available for expenditure for the same period as funds apportioned for
projects on the Federal-aid primary system under this title. Any funds
not obligated at the expiration of such period shall be reapportioned by
the Secretary to the other States in accordance with this subsection.
The use of funds authorized under this section to carry out a project
for the seismic retrofit of a bridge shall not affect the apportionment
of funds under this section.
(f) The Federal share payable on account of any project under this
section shall be 80 per centum of the cost thereof.
(g) Set Asides.--
(1) Discretionary bridge program.--
(A) Fiscal years 1992 through 1997.--Of the amounts
authorized for each of fiscal years 1992, 1993, 1994, 1995,
1996, and 1997 by section 103 of the Intermodal Surface
Transportation Efficiency Act of 1991, all but $57,000,000 in
the case of fiscal year 1992, $68,000,000 in the case of fiscal
years 1993 and 1994, and $69,000,000 in the case of fiscal years
1995, 1996, and 1997 shall be apportioned as provided in
subsection (e) of this section. $49,000,000 in the case of
fiscal year 1992, $59,500,000 in the case of fiscal years 1993
and 1994, and $60,500,000 in the case of fiscal years 1995,
1996, and 1997 of the amount authorized for each of such fiscal
years shall be available for obligation on the date of each such
apportionment in the same manner and to the same extent as the
sums apportioned on such date, except that the obligation of
$49,000,000 in the case of fiscal year 1992, $59,500,000 in the
case of fiscal years 1993 and 1994, and $60,500,000 in the case
of fiscal years 1995, 1996, and 1997 shall be at the discretion
of the Secretary, and $8,500,000 per fiscal year ($8,000,000 in
the case of fiscal year 1992) of the amount authorized for each
of such fiscal years shall be available in accordance with
section 1039 of the Intermodal Surface Transportation Efficiency
Act of 1991, relating to highway timber bridges.
(B) Fiscal year 1998.--Of the amounts authorized to be
appropriated to carry out the bridge program under this section
for fiscal year 1998, all but $25,000,000 shall be apportioned
as provided in subsection (e) of this section. Such $25,000,000
shall be available only for projects for the seismic retrofit of
a bridge described in subsection (l).
(C) Fiscal years 1999 through 2003.--Of the amounts
authorized to be appropriated to carry out the bridge program
under this section for each of fiscal years 1999 through 2003,
all but $100,000,000 shall be apportioned as provided in
subsection (e). Such $100,000,000 shall be available at the
discretion of the Secretary; except that not to exceed
$25,000,000 shall be available only for projects for the seismic
retrofit of bridges, including projects in the New Madrid fault
region.
(2) Eligible discretionary projects.--Subject to section 149(d)
of the Federal-Aid Highway Act of 1987, amounts made available by
paragraph (1) for obligation at the discretion of the Secretary may
be obligated only--
(A) for a project for a highway bridge the replacement or
rehabilitation cost of which is more than $10,000,000, and
(B) for a project for a highway bridge the replacement or
rehabilitation cost of which is less than $10,000,000 if such
cost is at least twice the amount apportioned to the State in
which such bridge is located under subsection (e) for the fiscal
year in which application is made for a grant for such bridge.
(3) Off-system bridges.--Not less than 15 percent nor more than
35 percent of the amount apportioned to each State in each of fiscal
years 1987 through 2003 shall be expended for projects to replace,
rehabilitate, paint or seismic retrofit, or apply calcium magnesium
acetate, sodium acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and de-icing compositions
or install scour countermeasures to highway bridges located on
public roads, other than those on a Federal-aid highway. The
Secretary, after consultation with State and local officials, may,
with respect to such State, reduce the requirement for expenditure
for bridges not on a Federal-aid highway when the Secretary
determines that such State has inadequate needs to justify such
expenditure.
(h) Notwithstanding any other provision of law, the General Bridge
Act of 1946 (33 U.S.C. 525-533) shall apply to bridges authorized to be
replaced, in whole or in part, by this section, except that subsection
(b) of section 502 of such Act of 1946 and section 9 of the Act of March
3, 1899 (30 Stat. 1151) shall not apply to any bridge constructed,
reconstructed, rehabilitated, or replaced with assistance under this
title, if such bridge is over waters (1) which are not used and are not
susceptible to use in their natural condition or by reasonable
improvement as a means to transport interstate or foreign commerce, and
(2) which are (a) not tidal, or (b) if tidal, used only by recreational
boating, fishing, and other small vessels less than 21 feet in length.
(i) Inventories and Reports.--The Secretary shall--
(1) report to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives on projects approved under this
section;
(2) annually revise the current inventories authorized by
subsections (b) and (c) of this section;
(3) report to such committees on such inventories; and
(4) report to such committees such recommendations as the
Secretary may have for improvements of the program authorized by
this section.
Such reports shall be submitted to such committees biennially at the
same time as the report required by section 307(f) \1\ of this title is
submitted to Congress.
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\1\ See References in Text note below.
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(j) Sums apportioned to a State under this section shall be made
available for obligation throughout such State on a fair and equitable
basis.
(k) Not later than six months after the date of enactment of this
subsection, and periodically thereafter, the Secretary shall review the
procedure used in approving or disapproving applications submitted under
this section to determine what changes, if any, may be made to expedite
such procedure. Any such changes shall be implemented by the Secretary
as soon as possible. Not later than nine months after the date of
enactment of this subsection, the Secretary shall submit a report to
Congress which describes such review and such changes, including any
recommendations for legislative changes.
(l) Notwithstanding any other provision of law, any bridge which is
owned and operated by an agency (1) which does not have taxing powers,
(2) whose functions include operating a federally assisted public
transit system subsidized by toll revenues, shall be eligible for
assistance under this section but the amount of such assistance shall in
no event exceed the cumulative amount which such agency has expended for
capital and operating costs to subsidize such transit system. Before
authorizing an expenditure of funds under this subsection, the Secretary
shall determine that the applicant agency has insufficient reserves,
surpluses, and projected revenues (over and above those required for
bridge and transit capital and operating costs) to fund the necessary
bridge replacement or rehabilitation project. Any non-Federal funds
expended for the seismic retrofit of the bridge may be credited toward
the non-Federal share required as a condition of receipt of any Federal
funds for seismic retrofit of the bridge made available after the date
of the expenditure.
(m) Replacement of Destroyed Bridges and Ferryboat Service.--
(1) General rule.--Notwithstanding any other provision of this
section or of any other provision of law, a State may utilize any of
the funds provided under this section to construct any bridge
which--
(A) replaces any low water crossing (regardless of the
length of such low water crossing),
(B) replaces any bridge which was destroyed prior to 1965,
(C) replaces any ferry which was in existence on January 1,
1984, or
(D) replaces any road bridges rendered obsolete as a result
of United States Corps of Engineers flood control or
channelization projects and not rebuilt with funds from the
United States Corps of Engineers.
(2) Federal share.--The Federal share payable on any bridge
construction carried out under paragraph (1) shall be 80 percent of
the cost of such construction.
(n) Off-System Bridge Program.--Notwithstanding any other provision
of law, with respect to any project not on a Federal-aid highway for the
replacement of a bridge or rehabilitation of a bridge which is wholly
funded from State and local sources, is eligible for Federal funds under
this section, is noncontroversial, is certified by the State to have
been carried out in accordance with all standards applicable to such
projects under this section, and is determined by the Secretary upon
completion to be no longer a deficient bridge, any amount expended after
the date of the enactment of this subsection from State and local
sources for such project in excess of 20 percent of the cost of
construction thereof may be credited to the non-Federal share of the
cost of the projects in such State which are eligible for Federal funds
under this section. Such crediting shall be in accordance with such
procedures as the Secretary may establish.
(o) Historic Bridge Program.--
(1) Coordination.--The Secretary shall, in cooperation with the
States, implement the programs described in this section in a manner
that encourages the inventory, retention, rehabilitation, adaptive
reuse, and future study of historic bridges.
(2) State inventory.--The Secretary shall require each State to
complete an inventory of all bridges on and off the Federal-aid
system to determine their historic significance.
(3) Eligibility.--Reasonable costs associated with actions to
preserve, or reduce the impact of a project under this chapter on,
the historic integrity of historic bridges shall be eligible as
reimbursable project costs under this title (including this section)
if the load capacity and safety features of the bridge are adequate
to serve the intended use for the life of the bridge; except that in
the case of a bridge which is no longer used for motorized vehicular
traffic, the costs eligible as reimbursable project costs pursuant
to this subsection shall not exceed the estimated cost of demolition
of such bridge.
(4) Preservation.--Any State which proposes to demolish a
historic bridge for a replacement project with funds made available
to carry out this section shall first make the bridge available for
donation to a State, locality, or responsible private entity if such
State, locality, or responsible entity enters into an agreement to--
(A) maintain the bridge and the features that give it its
historic significance; and
(B) assume all future legal and financial responsibility for
the bridge, which may include an agreement to hold the State
highway agency harmless in any liability action.
Costs incurred by the State to preserve the historic bridge,
including funds made available to the State, locality, or private
entity to enable it to accept the bridge, shall be eligible as
reimbursable project costs under this chapter up to an amount not to
exceed the cost of demolition. Any bridge preserved pursuant to this
paragraph shall thereafter not be eligible for any other funds
authorized pursuant to this title.
(5) Historic bridge defined.--As used in this subsection,
``historic bridge'' means any bridge that is listed on, or eligible
for listing on, the National Register of Historic Places.
(p) Applicability of State Standards for Projects.--A project not on
a Federal-aid highway under this section shall be designed, constructed,
operated, and maintained in accordance with State laws, regulations,
directives, safety standards, design standards, and construction
standards.
(q) As used in this section the term ``rehabilitate'' in any of its
forms means major work necessary to restore the structural integrity of
a bridge as well as work necessary to correct a major safety defect.
(Added Pub. L. 91-605, title II, Sec. 204(a), Dec. 31, 1970, 84 Stat.
1741; amended Pub. L. 93-87, title II, Sec. 204, Aug. 13, 1973, 87 Stat.
284; Pub. L. 93-643, Sec. 113, Jan. 4, 1975, 88 Stat. 2286; Pub. L. 95-
599, title I, Sec. 124(a), Nov. 6, 1978, 92 Stat. 2702; Pub. L. 96-106,
Secs. 7, 8(a), Nov. 9, 1979, 93 Stat. 797; Pub. L. 97-327, Sec. 5(c),
Oct. 15, 1982, 96 Stat. 1612; Pub. L. 97-424, title I, Secs. 121(a),
122(a), Jan. 6, 1983, 96 Stat. 2111, 2112; Pub. L. 100-17, title I,
Secs. 123(a)-(d)(1), (3), (e), (f)(2), 128, 133(b)(11), Apr. 2, 1987,
101 Stat. 161-163, 167, 172; Pub. L. 102-240, title I, Sec. 1028(a)-(f),
Dec. 18, 1991, 105 Stat. 1967, 1968; Pub. L. 103-220, Sec. 1, Mar. 17,
1994, 108 Stat. 100; Pub. L. 104-59, title III, Secs. 318, 325(b), Nov.
28, 1995, 109 Stat. 588, 592; Pub. L. 105-178, title I, Secs. 1109,
1115(f)(3); June 9, 1998, 112 Stat. 141; Pub. L. 105-206, title IX,
Sec. 9002(i), July 22, 1998, 112 Stat. 836.)
References in Text
Section 103 of the Intermodal Surface Transportation Efficiency Act
of 1991, referred to in subsec. (g)(1)(A), probably means section 1003
of Pub. L. 102-240, title I, Dec. 18, 1991, 105 Stat. 1918, which is not
classified to the Code. Pub. L. 102-240 does not contain a section 103.
Section 1039 of the Intermodal Surface Transportation Efficiency Act
of 1991, referred to in subsec. (g)(1)(A), is section 1039 of Pub. L.
102-240, which is set out as a note below.
Section 149(d) of the Federal-Aid Highway Act of 1987, referred to
in subsec. (g)(2), is section 149(d) of Pub. L. 100-17, which is not
classified to the Code.
The General Bridge Act of 1946, referred to in subsec. (h), is title
V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is
classified generally to subchapter III (Sec. 525 et seq.) of chapter 11
of Title 33, Navigation and Navigable Waters. For complete
classification of this Act to the Code, see Short Title note set out
under section 525 of Title 33 and Tables.
Section 502(b) of such Act of 1946, referred to in subsec. (h), in
section 502(b) of act Aug. 2, 1946, which is classified to section
525(b) of Title 33.
Section 9 of the Act of March 3, 1899, referred to in subsec. (h),
is section 9 of act Mar. 3, 1899, ch. 425, 30 Stat. 1151, which is
classified to section 401 of Title 33.
Section 307 of this title, referred to in subsec. (i), was repealed
by Pub. L. 105-178, title V, Sec. 5119(b), June 9, 1998, 112 Stat. 452.
The date of enactment of this subsection, referred to in subsec.
(k), is Nov. 6, 1978, the date of enactment of Pub. L. 95-599.
The date of the enactment of this subsection, referred to in subsec.
(n), is the date of enactment of Pub. L. 100-17, which was approved Apr.
2, 1987.
Amendments
1998--Subsec. (d). Pub. L. 105-178, Sec. 1109(d)(1), (2), inserted
``, sodium acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing compositions or installing
scour countermeasures'' after ``magnesium acetate'' and inserted ``or
sodium acetate/formate or such anti-icing or de-icing composition or
installation of such countermeasures'' after ``such acetate'' in two
places.
Subsec. (e). Pub. L. 105-178, Sec. 1109(a), inserted ``, and, if a
State transfers funds apportioned to the State under this section in a
fiscal year beginning after September 30, 1997, to any other
apportionment of funds to such State under this title, the total cost of
deficient bridges in such State and in all States to be determined for
the succeeding fiscal year shall be reduced by the amount of such
transferred funds'' after ``destroyed bridges and ferryboat services''.
Subsec. (g)(1). Pub. L. 105-178, Sec. 1109(b), designated existing
provisions as subpar. (A), inserted heading, realigned margins, and
added subpars. (B) and (C).
Subsec. (g)(3). Pub. L. 105-178, Sec. 1109(c), (d)(3), substituted
``through 2003'' for ``1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995,
1996, and 1997,'', substituted ``Federal-aid highway'' for ``Federal-aid
system'' in two places, and inserted ``, sodium acetate/formate, or
other environmentally acceptable, minimally corrosive anti-icing and de-
icing compositions or install scour countermeasures'' after ``magnesium
acetate''.
Subsec. (g)(4). Pub. L. 105-178, Sec. 1115(f)(3), as added by Pub.
L. 105-206, Sec. 9002(i), struck out heading and text of par. (4). Text
read as follows: ``Not less than 1 percent of the amount apportioned to
each State which has an Indian reservation within its boundaries for
each fiscal year shall be expended for projects to replace,
rehabilitate, paint, or apply calcium magnesium acetate to highway
bridges located on Indian reservation roads. Upon determining a State
bridge apportionment and before transferring funds to the States, the
Secretary shall transfer the Indian reservation bridge allocation under
this paragraph to the Secretary of the Interior for expenditure pursuant
to this paragraph. The Secretary, after consultation with State and
Indian tribal government officials and with the concurrence of the
Secretary of the Interior, may, with respect to such State, reduce the
requirement for expenditure for bridges under this paragraph when the
Secretary determines that there are inadequate needs to justify such
expenditure. The non-Federal share payable on account of such a project
may be provided from funds made available for Indian reservation roads
under chapter 2 of this title.''
Subsec. (n). Pub. L. 105-178, Sec. 1109(e), substituted ``Federal-
aid highway'' for ``Federal-aid system''.
1995--Subsec. (i)(1). Pub. L. 104-59, Sec. 325(b), substituted
``Committee on Transportation and Infrastructure'' for ``Committee on
Public Works and Transportation''.
Subsec. (l). Pub. L. 104-59, Sec. 318, inserted at end ``Any non-
Federal funds expended for the seismic retrofit of the bridge may be
credited toward the non-Federal share required as a condition of receipt
of any Federal funds for seismic retrofit of the bridge made available
after the date of the expenditure.''
1994--Subsec. (d). Pub. L. 103-220, Sec. 1(1), inserted before
period at end of third sentence ``, except that a State may carry out a
project for seismic retrofit of a bridge under this section without
regard to whether the bridge is eligible for replacement or
rehabilitation under this section''.
Subsec. (e). Pub. L. 103-220, Sec. 1(2), inserted at end ``The use
of funds authorized under this section to carry out a project for the
seismic retrofit of a bridge shall not affect the apportionment of funds
under this section.''
1991--Subsec. (c)(3). Pub. L. 102-240, Sec. 1028(a), added par. (3).
Subsec. (d). Pub. L. 102-240, Sec. 1028(b), inserted ``Whenever any
State makes application to the Secretary for assistance in painting and
seismic retrofit, or applying calcium magnesium acetate to, the
structure of a highway bridge, the Secretary may approve Federal
participation in the painting or seismic retrofit of, or application of
such acetate to, such structure.'' after first sentence and ``(other
than projects for bridge structure painting or seismic retrofit or
application of such acetate)'' after ``projects'' in last sentence.
Subsec. (f). Pub. L. 102-240, Sec. 1028(c), substituted ``project''
for ``highway bridge replaced or rehabilitated''.
Subsec. (g)(1). Pub. L. 102-240, Sec. 1028(d), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``Of the amount
authorized per fiscal year for each of fiscal years 1987, 1988, 1989,
1990, and 1991 by section 106(a)(5) of the Federal-Aid Highway Act of
1987, all but $225,000,000 per fiscal year shall be apportioned as
provided in subsection (e) of this section. $225,000,000 per fiscal year
of the amount authorized for each of such fiscal years shall be
available for obligation on the date of each such apportionment in the
same manner and to the same extent as the sums apportioned on such date,
except that the obligation of such $225,000,000 shall, subject to
section 149(d) of the Federal-Aid Highway Act of 1987, be at the
discretion of the Secretary.''
Subsec. (g)(3). Pub. L. 102-240, Sec. 1028(e)(1), substituted
``1991, 1992, 1993, 1994, 1995, 1996, and 1997'' for ``and 1991'' and
``, rehabilitate, paint or seismic retrofit, or apply calcium magnesium
acetate to'' for ``or rehabilitate''.
Subsec. (g)(4). Pub. L. 102-240, Sec. 1028(f), added par. (4).
Subsecs. (p), (q). Pub. L. 102-240, Sec. 1028(e)(2), added subsec.
(p) and redesignated former subsec. (p) as (q).
1987--Subsec. (e). Pub. L. 100-17, Sec. 133(b)(11), inserted at end
``Funds apportioned under this section shall be available for
expenditure for the same period as funds apportioned for projects on the
Federal-aid primary system under this title. Any funds not obligated at
the expiration of such period shall be reapportioned by the Secretary to
the other States in accordance with this subsection.''
Pub. L. 100-17, Sec. 123(d)(3), inserted after third sentence ``For
purposes of the preceding sentence, the total cost of deficient bridges
in a State and in all States shall be reduced by the total cost of any
highway bridges constructed under subsection (m) in such State, relating
to replacement of destroyed bridges and ferryboat services.''
Subsec. (g). Pub. L. 100-17, Sec. 123(a), amended subsec. (g)
generally, revising and restating as pars. (1) to (3) provisions
formerly contained in pars. (1) and (2).
Subsec. (h). Pub. L. 100-17, Sec. 123(b), substituted ``(1)'' for
``which are not subject to the ebb and flow of the tide, and'' and added
cl. (2).
Subsec. (i). Pub. L. 100-17, Sec. 128, substituted ``307(f)'' for
``307(e)'' in last sentence.
Pub. L. 100-17, Sec. 123(c), amended subsec. (i) generally. Prior to
amendment, subsec. (i) read as follows: ``The Secretary shall report
annually on projects approved under this section, shall annually revise
and report the current inventories authorized by subsections (b) and (c)
of this section, and shall report such recommendations as he may have
for improvement of the program authorized by this section.''
Subsec. (m). Pub. L. 100-17, Sec. 123(d)(1), added subsec. (m).
Former subsec. (m) redesignated (p).
Subsec. (n). Pub. L. 100-17, Sec. 123(e), which directed that this
section be amended by adding subsec. (n) after subsec. (l), was executed
by adding subsec. (n) after subsec. (m), to reflect the probable intent
of Congress.
Subsec. (o). Pub. L. 100-17, Sec. 123(f)(2), which directed that
this section be amended by adding subsec. (o) after subsec. (l), was
executed by adding subsec. (o) after subsec. (n), to reflect the
probable intent of Congress.
Subsec. (p). Pub. L. 100-17, Sec. 123(d)(1), redesignated former
subsec. (m) as (p).
1983--Subsec. (e). Pub. L. 97-424, Sec. 121(a), substituted
provisions setting forth categorization, formula for apportionment
factors, and limitations respecting deficient bridges for provisions
relating to apportionment of funds for fiscal years ending Sept. 30,
1979, through Sept. 30, 1983, availability for expenditure of such
funds, and reapportionment by the Secretary.
Pub. L. 97-327, Sec. 5(c)(1), substituted ``September 30, 1982, and
September 30, 1983'' for ``and September 30, 1982''.
Subsec. (g). Pub. L. 97-424, Sec. 122(a), designated existing
provisions as par. (1), struck out provisions added by section 5(c)(2)
of Pub. L. 97-327 relating to apportionment of amounts for fiscal year
ending Sept. 30, 1983, and added par. (2).
Pub. L. 97-327, Sec. 5(c)(2), inserted provision that, of the amount
authorized for the fiscal year ending September 30, 1983, by paragraph
(1) of section 5(a) of the Federal-Aid Highway Act of 1982, all but
$200,000,000 (multiplied by the factor determined under section 4(a) of
such Act) be apportioned, and that $200,000,000 (multiplied by such
factor) of the amount authorized for such fiscal year be available for
obligation on the date of each such apportionment in the same manner and
to the same extent as the sums apportioned on such date with specific
limitations applicable to the obligation of such $200,000,000.
1979--Subsec. (d). Pub. L. 96-106, Sec. 7(a), substituted ``such
bridge with a comparable facility or in rehabilitating such bridge'' for
``or rehabilitating such bridge with a comparable facility''.
Subsec. (g). Pub. L. 96-106, Sec. 8(a), inserted ``, and for any
project for a highway bridge the replacement or rehabilitation costs of
which is less than $10,000,000 if such costs is at least twice the
amount apportioned to the State in which such bridge is located under
subsection (e) of this section for the fiscal year in which application
is made for a grant for such bridge''.
Subsec. (m). Pub. L. 96-106, Sec. 7(b), substituted ``major work''
for ``major repairs''.
1978--Subsec. (a). Pub. L. 95-599 substituted provisions relating to
Congressional findings as to highway bridge replacement and
rehabilitation for provisions relating to Congressional findings as to
special bridge replacement.
Subsec. (b). Pub. L. 95-599 added cl. (4).
Subsec. (c). Pub. L. 95-599 added subsec. (c). Former subsec. (c)
redesignated (d).
Subsec. (d). Pub. L. 95-599 redesignated former subsec. (c) as (d)
and among other amendments struck out provisions requiring Secretary to
consider economy of area and approval of projects without regard to
allocation formulas under this title.
Subsec. (e). Pub. L. 95-599 added subsec. (e). Former subsec. (e)
redesignated (g).
Subsec. (f). Pub. L. 95-599 redesignated former subsec. (d) as (f),
substituted ``80'' for ``75'', and inserted ``highway'' after ``account
of any''. Former subsec. (f) was struck out.
Subsec. (g). Pub. L. 95-599 redesignated former subsec. (e) as (g)
and inserted provisions authorizing appropriations for fiscal years
ending Sept. 30, 1979 through Sept. 30, 1982. Former subsec. (g)
redesignated (h).
Subsec. (h). Pub. L. 95-599 redesignated former subsec. (g) as (h)
and inserted provisions relating to exceptions to applications of the
General Bridge Act of 1946. Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 95-599 redesignated former subsec. (h) as (i)
and inserted provisions relating to revision and report of current
inventories.
Subsecs. (j) to (m). Pub. L. 95-599 added subsecs. (j) to (m).
1975--Subsec. (e). Pub. L. 93-643 increased appropriations
authorization to $125,000,000 from $75,000,000 for fiscal year ending
June 30, 1976.
1973--Subsec. (e). Pub. L. 93-87, Sec. 204(a), provided for
appropriations authorization of $25,000,000, $75,000,000, and
$75,000,000 for fiscal years ending June 30, 1974, 1975, and 1976.
Subsecs. (f) to (h). Pub. L. 93-87, Sec. 204(b), (c), added subsec.
(f) and redesignated former subsecs. (f) and (g) as (g) and (h),
respectively.
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 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.
Effective Date of 1987 Amendment
Section 123(d)(2) of Pub. L. 100-17 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply to funds
apportioned to the States under section 144 of title 23, United States
Code, after September 30, 1986.''
Effective Date of 1983 Amendment
Section 121(b) of Pub. L. 97-424 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall take
effect October 1, 1982, and shall apply with respect to each fiscal year
beginning on or after such date. Notwithstanding subsection (e) of
section 144 of title 23, United States Code, as soon as practical after
the date of enactment of this Act [Jan. 6, 1983], the Secretary of
Transportation shall apportion under such subsection (e), as amended by
subsection (a) of this section, sums authorized to be appropriated to
carry out such section 144 for the fiscal year ending September 30,
1983.''
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in
subsec. (i)(1), (3), and (4) of this section, see section 3003 of Pub.
L. 104-66, as amended, set out as a note under section 1113 of Title 31,
Money and Finance, and page 135 of House Document No. 103-7.
National Historic Covered Bridge Preservation
Pub. L. 105-178, title I, Sec. 1224, as added by Pub. L. 105-206,
title IX, Sec. 9003(a), July 22, 1998, 112 Stat. 837, provided that:
``(a) Historic Covered Bridge Defined.--In this section, the term
`historic covered bridge' means a covered bridge that is listed or
eligible for listing on the National Register of Historic Places.
``(b) Historic Covered Bridge Preservation.--Subject to the
availability of appropriations under subsection (d), the Secretary
shall--
``(1) collect and disseminate information concerning historic
covered bridges;
``(2) foster educational programs relating to the history and
construction techniques of historic covered bridges;
``(3) conduct research on the history of historic covered
bridges; and
``(4) conduct research, and study techniques, on protecting
historic covered bridges from rot, fire, natural disasters, or
weight-related damage.
``(c) Direct Federal Assistance.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall make a grant to a State that
submits an application to the Secretary that demonstrates a need for
assistance in carrying out 1 or more historic covered bridge
projects described in paragraph (2).
``(2) Types of project.--A grant under paragraph (1) may be made
for a project--
``(A) to rehabilitate or repair a historic covered bridge;
and
``(B) to preserve a historic covered bridge, including
through--
``(i) installation of a fire protection system,
including a fireproofing or fire detection system and
sprinklers;
``(ii) installation of a system to prevent vandalism and
arson; or
``(iii) relocation of a bridge to a preservation site.
``(3) Authenticity.--A grant under paragraph (1) may be made for
a project only if--
``(A) to the maximum extent practicable, the project--
``(i) is carried out in the most historically
appropriate manner; and
``(ii) preserves the existing structure of the historic
covered bridge; and
``(B) the project provides for the replacement of wooden
components with wooden components, unless the use of wood is
impracticable for safety reasons.
``(4) Federal share.--The Federal share of the cost of a project
carried out with a grant under this subsection shall be 80 percent.
``(d) Funding.--There is authorized to be appropriated to carry out
this section $10,000,000 for each of fiscal years 1999 through 2003.
Such funds shall remain available until expended.''
Highway Timber Bridge Research and Demonstration Program
Section 1039 of Pub. L. 102-240, as amended by Pub. L. 102-388,
title IV, Sec. 408, Oct. 6, 1992, 106 Stat. 1564, provided that:
``(a) Research Grants.--The Secretary may make grants to other
Federal agencies, universities, private businesses, nonprofit
organizations, and any research or engineering entity to carry out
research on 1 or more of the following:
``(1) Development of new, economical highway timber bridge
systems.
``(2) Development of engineering design criteria for structural
wood products for use in highway bridges in order to improve methods
for characterizing lumber design properties.
``(3) Preservative systems for use in highway timber bridges
which demonstrate new alternatives and current treatment processes
and procedures and which are environmentally sound with respect to
application, use, and disposal of treated wood.
``(4) Alternative transportation system timber structures which
demonstrate the development of applications for railing, sign, and
lighting supports, sound barriers, culverts, and retaining walls in
highway applications.
``(5) Rehabilitation measures which demonstrate effective, safe,
and reliable methods for rehabilitating existing highway timber
structures.
``(b) Technology and Information Transfer.--The Secretary shall take
such action as may be necessary to ensure that the information and
technology resulting from research conducted under subsection (a) is
made available to State and local transportation departments and other
interested persons.
``(c) Construction Grants.--
``(1) Authority.--The Secretary shall make grants to States for
construction of highway timber bridges on public roads.
``(2) Applications.--A State interested in receiving a grant
under this subsection must submit an application therefor to the
Secretary. Such application shall be in such form and contain such
information as the Secretary may require by regulation.
``(3) Approval criteria.--The Secretary shall select and approve
applications for grants under this subsection based on the following
criteria:
``(A) Bridge designs which have both initial and long-term
structural and environmental integrity.
``(B) Bridge designs which utilize timber species native to
the State or region.
``(C) Innovative bridge designs which have the possibility
of increasing knowledge, cost effectiveness, and future use of
such designs.
``(D) Environmental practices for preservative treated
timber, and construction techniques which comply with all
environmental regulations, will be utilized.
``(d) Federal Share.--The Federal share of the costs of research and
construction projects carried out under this section shall be 80
percent.
``(e) Funding.--From the funds reserved from apportionment under
section 144(g)(1) of title 23, United States Code, for each of fiscal
years 1992, 1993, 1994, 1995, 1996, and 1997--
``(1) $1,000,000 shall be available to the Secretary for
carrying out subsections (a) and (b); and
``(2) $7,500,000 ($7,000,000 in the case of fiscal year 1992)
shall be available to the Secretary for carrying out subsection (c).
Such sums shall remain available until expended.
``(f) State Defined.--For purposes of this section, the term `State'
has the meaning such term has under section 101 of title 23, United
States Code.''
Feasibility of International Border Highway Infrastructure Discretionary
Program
Section 1089 of Pub. L. 102-240 directed Secretary of Transportation
to conduct a study of advisability and feasibility of establishing an
international border highway infrastructure discretionary program and,
not later than Sept. 30, 1993, transmit to Congress a report on results
of the study, together with any recommendations.
Historic Bridges; Congressional Findings and Declarations
Section 123(f)(1) of Pub. L. 100-17 provided that: ``Congress hereby
finds and declares it to be in the national interest to encourage the
rehabilitation, reuse and preservation of bridges significant in
American history, architecture, engineering and culture. Historic
bridges are important links to our past, serve as safe and vital
transportation routes in the present, and can represent significant
resources for the future.''
Study by Transportation Research Board on Effects of Bridge Program on
Preservation and Rehabilitation of Historic Bridges; Recommendation of
Standards for Rehabilitation of Historic Bridges; Report
Section 123(f)(3) of Pub. L. 100-17 provided that:
``(A) Transportation research board.--The Secretary shall make
appropriate arrangements with the Transportation Research Board of the
National Academy of Sciences to carry out a study on the effects of the
bridge program conducted under section 144 of title 23, United States
Code, on the preservation and rehabilitation of historic bridges. The
Transportation Research Board shall also develop recommendations of
specific standards which shall apply only to the rehabilitation of
historic bridges, and shall provide an analysis of any other factors
which would serve to enhance the rehabilitation of historic bridges.
``(B) Report.--Not later than 1 year after entering into appropriate
arrangements under subparagraph (A), the Transportation Research Board
shall submit to the Secretary and the Committee on Environment and
Public Works of the Senate and the Committee on Public Works and
Transportation of the House of Representatives a report on the results
of the study conducted under subparagraph (A) and on the recommendations
developed pursuant to subparagraph (A).''
Study of Highway Bridges Which Cross Rail Lines; Report
Section 160 of Pub. L. 100-17 directed Secretary to conduct a
comprehensive study 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 report on the study and investigation along with
recommendations on how the bridge needs could best be addressed on a
long term basis in a cost-effective manner.
Four-Lane Bridges
Section 130 of Pub. L. 97-424 provided that: ``Whenever any law of
the United States, enacted after January 1, 1970, and before the date of
enactment of this Act [Jan. 6, 1983], authorizes payment, in financing
the relocation of an existing road, for the cost of construction of a
two-lane bridge with a substructure and deck truss capable of supporting
a four-lane bridge, payment for the cost of completing the construction
of such bridge as a four-lane bridge is authorized upon the completion
of such substructure and deck truss.''
Discretionary Bridge Criteria
Section 161 of Pub. L. 97-424, as amended by Pub. L. 100-17, title
I, Sec. 123(h), Apr. 2, 1987, 101 Stat. 164, provided that: ``The
Secretary of Transportation shall develop a selection process for
discretionary bridges authorized to be funded under section 144(g) of
title 23, United States Code, and shall propose and issue a final
regulation no later than six months after the date of enactment of this
Act [Jan. 6, 1983], including a formula resulting in a rating factor
based on the following criteria for such process. Such criteria shall
give funding priority to those discretionary bridges already eligible
under section 144(g) of title 23, United States Code, including a bridge
replacement of which was partially funded under the Supplemental
Appropriations Act, 1983 [Pub. L. 98-63] (97 Stat. 341). Eligible
bridges after the issuance of a final regulation shall only include
those with a rating factor of one hundred or less, based on a scale of
zero to infinity. The criteria for such additional bridges which the
Secretary shall consider are:
``(1) sufficiency rating computed as illustrated in appendix A
of the Recording and Coding Guide for the Structure Inventory and
Appraisal of the Nation's Bridges, USDOT/FHWA (latest edition);
``(2) average daily traffic using the most current value from
the national bridge inventory data;
``(3) average daily truck traffic;
``(4) defense highway system status;
``(5) the State's unobligated balance of funds received under
section 144 of title 23, United States Code, and the total funds
received under section 144 of title 23, United States Code;
``(6) total project cost; and
``(7) special consideration should be given to bridges closed to
all traffic or restricted to loads less than ten tons. Other unique
considerations and the need to administer the program from a
balanced national perspective should also be considered.''
Transfer of Discretionary Bridge Funds
Section 8(b) of Pub. L. 96-106 provided for the transfer of
discretionary bridge funds authorized under subsec. (g) of this section
for fiscal year 1980 to a State's apportionment under section 104(b)(6)
of this title to repay funds obligated under section 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
section 8(a) of Pub. L. 96-106.
Time for Completion of Inventory and Classification of Highway Bridges
Section 124(c) of Pub. L. 95-599 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
Section 147 of Pub. L. 95-599, as amended by Pub. L. 96-106,
Sec. 15, Nov. 19, 1979, 93 Stat. 798; Pub. L. 99-272, title IV,
Sec. 4105, Apr. 7, 1986, 100 Stat. 116, directed Secretary of
Transportation to conduct two projects to construct or replace high-
traffic-volume 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 unsafe 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.
Section Referred to in Other Sections
This section is referred to in sections 104, 105, 115, 117, 126,
140, 151, 204, 303, 409, 505 of this title; title 49 section 104.
