§ 152. — Hazard elimination 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: 23USC152]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 152. Hazard elimination program
(a) In General.--
(1) Program.--Each State shall conduct and systematically
maintain an engineering survey of all public roads to identify
hazardous locations, sections, and elements, including roadside
obstacles and unmarked or poorly marked roads, which may constitute
a danger to motorists, bicyclists, and pedestrians, assign
priorities for the correction of such locations, sections, and
elements, and establish and implement a schedule of projects for
their improvement.
(2) Hazards.--In carrying out paragraph (1), a State may, at its
discretion--
(A) identify, through a survey, hazards to motorists,
bicyclists, pedestrians, and users of highway facilities; and
(B) develop and implement projects and programs to address
the hazards.
(b) The Secretary may approve as a project under this section any
safety improvement project, including a project described in subsection
(a).
(c) Funds authorized to carry out this section shall be available
for expenditure on--
(1) any public road;
(2) any public surface transportation facility or any publicly
owned bicycle or pedestrian pathway or trail; or
(3) any traffic calming measure.
(d) The Federal share payable on account of any project under this
section shall be 90 percent of the cost thereof.
(e) Funds authorized to be appropriated to carry out this section
shall be available for obligation in the same manner and to the same
extent as if such funds were apportioned under section 104(b), except
that the Secretary is authorized to waive provisions he deems
inconsistent with the purposes of this section.
(f) Each State shall establish an evaluation process approved by the
Secretary, to analyze and assess results achieved by safety improvement
projects carried out in accordance with procedures and criteria
established by this section. Such evaluation process shall develop cost-
benefit data for various types of corrections and treatments which shall
be used in setting priorities for safety improvement projects.
(g) Each State shall report to the Secretary of Transportation not
later than December 30 of each year, on the progress being made to
implement safety improvement projects for hazard elimination and the
effectiveness of such improvements. Each State report shall contain an
assessment of the cost of, and safety benefits derived from, the various
means and methods used to mitigate or eliminate hazards and the previous
and subsequent accident experience at these locations. The Secretary of
Transportation shall submit a report to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives not later than April 1 of
each year on the progress being made by the States in implementing the
hazard elimination program (including but not limited to any projects
for pavement marking). The report shall include, but not be limited to,
the number of projects undertaken, their distribution by cost range,
road system, means and methods used, and the previous and subsequent
accident experience at improved locations. In addition, the Secretary's
report shall analyze and evaluate each State program, identify any State
found not to be in compliance with the schedule of improvements required
by subsection (a) and include recommendations for future implementation
of the hazard elimination program.
(h) For the purposes of this section the term ``State'' shall have
the meaning given it in section 401 of this title.
(Added Pub. L. 93-87, title II, Sec. 209(a), Aug. 13, 1973, 87 Stat.
286; amended Pub. L. 94-280, title I, Sec. 131, May 5, 1976, 90 Stat.
441; Pub. L. 95-599, title I, Sec. 168(a), Nov. 6, 1978, 92 Stat. 2722;
Pub. L. 96-106, Sec. 10(b), Nov. 9, 1979, 93 Stat. 798; Pub. L. 97-375,
title II, Sec. 210(b), Dec. 21, 1982, 96 Stat. 1826; Pub. L. 97-424,
title I, Sec. 125, Jan. 6, 1983, 96 Stat. 2113; Pub. L. 100-17, title I,
Sec. 133(b)(12), Apr. 2, 1987, 101 Stat. 172; Pub. L. 104-59, title III,
Sec. 325(c), Nov. 28, 1995, 109 Stat. 592; Pub. L. 105-178, title I,
Sec. 1401, June 9, 1998, 112 Stat. 235.)
Amendments
1998--Subsec. (a). Pub. L. 105-178, Sec. 1401(1), inserted subsec.
heading, designated existing provisions as par. (1) and inserted par.
heading, realigned margins, substituted ``motorists, bicyclists, and
pedestrians'' for ``motorists and pedestrians'', and added par. (2).
Subsec. (b). Pub. L. 105-178, Sec. 1401(2), substituted ``safety
improvement project, including a project described in subsection (a)''
for ``highway safety improvement project''.
Subsec. (c). Pub. L. 105-178, Sec. 1401(3), substituted ``on--
``(1) any public road;
``(2) any public surface transportation facility or any publicly
owned bicycle or pedestrian pathway or trail; or
``(3) any traffic calming measure'' for ``on any public road
(other than a highway on the Interstate System)''.
Subsec. (e). Pub. L. 105-178, Sec. 1401(4), struck out ``apportioned
to the States as provided in section 402(c) of this title. Such funds
shall be'' before ``available for obligation'' and substituted ``section
104(b)'' for ``section 104(b)(1)''.
Subsecs. (f), (g). Pub. L. 105-178, Sec. 1401(5), substituted
``safety improvement projects'' for ``highway safety improvement
projects'' wherever appearing.
1995--Subsec. (g). Pub. L. 104-59 substituted ``Committee on
Transportation and Infrastructure'' for ``Committee on Public Works and
Transportation''.
1987--Subsec. (g). Pub. L. 100-17 substituted ``the Committee on
Environment and Public Works of the Senate and the Committee on Public
Works and Transportation of the House of Representatives'' for ``the
Congress''.
1983--Subsec. (c). Pub. L. 97-424 substituted provision that funds
authorized to carry out this section shall be available for expenditure
on any public road (other than a highway on the Interstate System), for
provision that funds authorized to carry out this section would be
available solely for expenditure for projects on any Federal-aid system
(other than the Interstate System) except in the Virgin Islands, Guam,
and American Samoa.
1982--Subsec. (g). Pub. L. 97-375 inserted ``(including but not
limited to any projects for pavement marking)'' after ``implementing the
hazard elimination program''.
1979--Subsec. (g). Pub. L. 96-106 substituted ``December 30'' for
``September 30'' and ``April 1'' for ``January 1''.
1978--Subsec. (a). Pub. L. 95-599 substituted ``public roads'' for
``highways'' and inserted provisions relating to identification of
hazardous sections and elements.
Subsec. (b). Pub. L. 95-599 substituted provisions relating to
approval of highway safety improvement projects by the Secretary for
provisions authorizing appropriations for fiscal years ending June 30,
1974 through June 30, 1976.
Subsec. (c). Pub. L. 95-599 reenacted subsec. (c) without
substantive change.
Subsec. (d). Pub. L. 95-599 substituted provisions prescribing the
Federal share payable on account of any project under this section for
provisions relating to apportionment of funds made available under
subsec. (b) to the States. See subsec. (e) of this section.
Subsec. (e). Pub. L. 95-599 substituted provisions relating to
apportionment of funds to the States under this section for provisions
relating to progress reports required of the States under this section.
See subsec. (g).
Subsecs. (f) to (h). Pub. L. 95-599 added subsecs. (f) and (g) and
redesignated former subsec. (f) as (h).
1976--Subsec. (f). Pub. L. 94-280 added subsec. (f).
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(g) of this section relating to the requirement that the Secretary of
Transportation submit a report to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives not later than April 1 of
each year, 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.
Section Referred to in Other Sections
This section is referred to in sections 104, 133, 154, 164, 409 of
this title.
