Title 23, United States Code (current as of October 19, 2012, including public laws through P.L. 112-196) Disclaimer This document draws upon information made available by the Office of the Law Revision Counsel (OLRC) of the U.S. House of Representatives via that office’s U.S. Code beta website (http://uscodebeta.house.gov/browse.xhtml) as of October 19, 2012. Every effort has been made to ensure that the text contained in this document is accurate. However, anyone using it for legal research should verify their results against the printed version of the Code available through GPO. In addition, anyone using this document should verify the text against the printed slip laws available from GPO, the laws as shown on Thomas (a legislative service of the Library of Congress), and the final version of the Code when it becomes available. Other notes 1. Content. This document is limited to statutory text, and (apart from occasional footnotes) includes no record of prior versions of title 23 or the public laws that amended it. All footnotes shown in this document reflect notes made by OLRC on U.S. Code beta. 2. Formatting. The majority of this document is formatted via Word’s multilevel list feature, rather than as standard text. The intent behind this was to help in drafting amendatory language or redlining existing text to reflect subsequently enacted provisions. For example, the “increase indent” and “decrease indent” buttons allow a drafter to shift from subsection to subitem (and vice versa), and the auto-numbering should assist in redesignation of statutory subdivisions. 1 TITLE 23, U.S.C. Table of Contents CHAPTER 1-FEDERAL-AID HIGHWAYS Sec. 101. Definitions and declaration of policy. 102. Program efficiencies. 103. National Highway System. 104. Apportionment. [105. Repealed.] 106. Project approval and oversight. 107. Acquisition of rights-of-way-Interstate System. 108. Advance acquisition of real property. 109. Standards. [110. Repealed.] 111. Agreements relating to use of and access to rights-of-way-Interstate System. 112. Letting of contracts. 113. Prevailing rate of wage. 114. Construction. 115. Advance construction. 116. Maintenance. [117. Repealed.] 118. Availability of funds. 119. National highway performance program. 120. Federal share payable. 121. Payment to States for construction. 122. Payments to States for bond and other debt instrument financing. 123. Relocation of utility facilities. [124. Repealed.] 125. Emergency relief. 126. Transferability of Federal-aid highway funds. 127. Vehicle weight limitations-Interstate System. 128. Public hearings. 129. Toll roads, bridges, tunnels, and ferries. 130. Railway-highway crossings. 131. Control of outdoor advertising. 132. Payments on Federal-aid projects undertaken by a Federal agency. TITLE 23, U.S.C. 2 133. Surface transportation program. 134. Metropolitan transportation planning. 135. Statewide and nonmetropolitan transportation planning. 136. Control of junkyards. 137. Fringe and corridor parking facilities. 138. Preservation of parklands. 139. Efficient environmental reviews for project decisionmaking. 140. Nondiscrimination. 141. Enforcement of requirements. 142. Public transportation. 143. Highway use tax evasion projects. 144. National bridge and tunnel inventory and inspection standards. 145. Federal-State relationship. 146. Carpool and vanpool projects. 147. Construction of ferry boats and ferry terminal facilities. 148. Highway safety improvement program. 149. Congestion mitigation and air quality improvement program. 150. National goals and performance management measures. [151. Repealed.] 152. Hazard elimination program. 153. Use of safety belts and motorcycle helmets. 154. Open container requirements. [155. Repealed.] 156. Proceeds from the sale or lease of real property. [157. Repealed.] 158. National minimum drinking age. 159. Revocation or suspension of drivers’ licenses of individuals convicted of drug offenses. [160. Repealed.] 161. Operation of motor vehicles by intoxicated minors. 162. National scenic byways program. 163. Safety incentives to prevent operation of motor vehicles by intoxicated persons. 164. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence. 165. Territorial and Puerto Rico highway program. 166. HOV facilities. 167. National freight program. 168. Integration of planning and environmental review. 169. Development of programmatic mitigation plans. 170. Funding flexibility for transportation emergencies. 3 TITLE 23, U.S.C. CHAPTER 2-OTHER HIGHWAYS Sec. 201. Federal lands and tribal transportation programs. 202. Tribal transportation program. 203. Federal lands transportation program. 204. Federal lands access program. 205. Forest development roads and trails. 206. Recreational trails program. [207 to 209. Repealed.] 210. Defense access roads. [211, 212. Repealed.] 213. Transportation alternatives [214 to 216. Repealed.] 217. Bicycle transportation and pedestrian walkways. 218. Alaska Highway. [219. Repealed.] CHAPTER 3—GENERAL PROVISIONS Sec. 301. Freedom from tolls. 302. State transportation department. [303. Repealed.] 304. Participation by small business enterprises. 305. Archeological and paleontological salvage. 306. Mapping. [307. Repealed.] 308. Cooperation with Federal and State agencies and foreign countries. [309. Repealed.] 310. Civil defense. 311. Highway improvements strategically important to the national defense. 312. Detail of Army, Navy, and Air Force officers. 313. Buy America. 314. Relief of employees in hazardous work. 315. Rules, regulations, and recommendations. 316. Consent by United States to conveyance of property. 317. Appropriation for highway purposes of lands or interests in lands owned by the United States. TITLE 23, U.S.C. 4 318. Highway relocation due to airport. 319. Landscaping and scenic enhancement. 320. Bridges on Federal dams. 321. Signs identifying funding sources. 322. Magnetic levitation transportation technology deployment program. 323. Donations and credits. 324. Prohibition of discrimination on the basis of sex. 325. State assumption of responsibilities for certain programs and projects. 326. State assumption of responsibility for categorical exclusions. 327. Surface transportation project delivery program. 328. Eligibility for environmental restoration and pollution abatement. 329. Eligibility for control of noxious weeds and aquatic noxious weeds and establishment of native species. CHAPTER 4-HIGHWAY SAFETY Sec. 401. Authority of the Secretary. 402. Highway safety programs. 403. Highway safety research and development. 404. National Highway Safety Advisory Committee. 405. National priority safety programs. [406 to 408. Repealed.] 409. Discovery and admission as evidence of certain reports and surveys. [410, 411. Repealed.] 412. Agency accountability. CHAPTER 5-RESEARCH, TECHNOLOGY, AND EDUCATION Sec. 501. Definitions. 502. Surface transportation research, development, and technology. 503. Research and technology development and deployment. 504. Training and education. 505. State planning and research. [506, 507. Repealed.] 508. Transportation research and development strategic planning. [509. Repealed.] 510. Future strategic highway research program. 5 TITLE 23, U.S.C. 511. Multistate corridor operations and management. 512. National ITS Program Plan. 513. Use of funds for ITS activities. 514. Goals and purposes. 515. General authorities and requirements. 516. Research and development. 517. National architecture and standards. 518. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment. CHAPTER 6-INFRASTRUCTURE FINANCE Sec. 601. Generally applicable provisions. 602. Determination of eligibility and project selection. 603. Secured loans. 604. Lines of credit. 605. Program administration. 606. State and local permits. 607. Regulations. 608. Funding. 609. Reports to Congress. 610. State infrastructure bank program. 7 TITLE 23, U.S.C. Sec. 101 Sec. 101 Sec. 101. Definitions and declaration of policy (a) Definitions. - In this title, the following definitions apply: (1) Apportionment. - The term "apportionment" includes unexpended apportionments made under prior authorization laws. (2) Asset management. - The term "asset management" means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) Carpool project. - The term "carpool project" means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) Construction. - The