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Title 23 — Highways

Chapter 1 — Federal-Aid Highways

§ 152. Hazard elimination program

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Highway Safety Act of 1973

    Pub. L. 93–87 title II § 209(a) · 87 Stat. 250

    Enacted · 23 U.S.C. § 152

    Added Pub. L. 93–87, title II, § 209(a), Aug. 13, 1973, 87 Stat. 286

    Source evidence

    Code source credit
    Added Pub. L. 93–87, title II, § 209(a), Aug. 13, 1973, 87 Stat. 286

    Enacted provision · exact public law section
    (a) Chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new section: “§ 152. Projects for high-hazard locations “(a) Each State shall conduct and systematically maintain an engineering survey of all highways to identify high-hazard locations which may constitute a danger to vehicles and to pedestrians, assign priorities for the correction of such locations, and establish and implement a schedule of projects for their improvement. “(b) For projects to eliminate or reduce the hazards at specific locations or sections of highways which have high accident experiences or high accident potentials, by the Federal Highway Administration, there is hereby authorized to be appropriated, out of the Highway Trust Fund, for the fiscal year ending June 30, 1974, $50,000,000, and for each of the fiscal years ending June 30, 1975, and June 30, 1976, the sum of $75,000,000 shall be appropriated out of the Highway Trust Fund. Such sums shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under this chapter. “(c) Funds authorized by this section shall be available solely for Funds, restriction« expenditure for projects on any Federal-aid system (other than the Interstate System) except in the Virgin Islands, Guam, and American Samoa. “(d) Funds made available in accordance with subsection (b) shall be apportioned to the States in the same manner as is provided in section 492(c) of this title, and the Federal share payable on account of Post, p. 290, any such project shall be 90 per centum of the cost thereof. “(e) Each State shall report to the Secretary of Transportation not Report to Secretary of Transportation. later than September 30, 1974, and not later than September 30 of each year thereafter, on the progress being made to implement projects for high-hazard locations 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 Report to Congress. a report to the Congress not later than January 1, 1975, and not later than January 1 of each year thereafter, on the progress being made by the States in implementing projects for improvements at high-hazard locations. 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 spot improvements program.”

  2. Federal-Aid Highway Act of 1976

    Pub. L. 94–280 title I § 131 · 90 Stat. 425

    Added · 23 U.S.C. § 152(f)

    Pub. L. 94–280 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 94–280 added subsec. (f).

    Enacted provision · exact public law section
    Sec. 131. defining state Section 152 and section 153 of title 23, United States Code, are amended by adding at the end of each such section the following new subsection: “(f) For the purposes of this section the term ‘State’ shall have the meaning given it in section 401 of this title.”. 23 USC 401.

  3. Federal-Aid Highway Act of 1978

    Pub. L. 95–599 title I § 168(a) · 92 Stat. 2689

    1. Substituted · 23 U.S.C. § 152(a)

      Pub. L. 95–599 substituted “public roads” for “highways”

    2. Inserted · 23 U.S.C. § 152(a)

      Pub. L. 95–599 inserted provisions relating to identification of hazardous sections and elements

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–599 substituted “public roads” for “highways” and inserted provisions relating to identification of hazardous sections and elements.

    Enacted provision · exact public law section
    (a) Section 152 of title 23, United States Code, is amended to read as follows: “§ 152. Hazard elimination program “(a) Each State shall conduct and systematically maintain an Survey and improvement schedule. 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 and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement. “(b) The Secretary may approve as a project under this section any highway safety improvement project. “(c) Funds authorized to carry out this section shall 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. “(d) The Federal share payable on account of any project under Federal share. this section shall be 90 percent of the cost thereof. “(e) Funds authorized to be appropriated to carry out this section shall be apportioned to the States as provided in section 402(c) of this title. Such funds shall be available for obligation in the same 23 USC 402. Waiver. 23 USC 104. manner and to the same extent as if such funds were apportioned under section 104(b)(1), 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 Evaluation process. the Secretary, to analyze and assess results achieved by highway 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 highway safety improvement projects. “(g) Each State shall report to the Secretary of Transportation not State progress reports. later than September 30 of each year, on the progress being made to implement highway 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 Report to Congress. the Congress not later than January 1 of each year on the progress being made by the States in implementing the hazard elimination program. 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 “State.” the meaning given it in section 401 of this title.”.

  4. Federal-Aid Highway Act of 1978

    Pub. L. 95–599 title I § 168(a) · 92 Stat. 2689

    Substituted · 23 U.S.C. § 152(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Section 152 of title 23, United States Code, is amended to read as follows: “§ 152. Hazard elimination program “(a) Each State shall conduct and systematically maintain an Survey and improvement schedule. 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 and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement. “(b) The Secretary may approve as a project under this section any highway safety improvement project. “(c) Funds authorized to carry out this section shall 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. “(d) The Federal share payable on account of any project under Federal share. this section shall be 90 percent of the cost thereof. “(e) Funds authorized to be appropriated to carry out this section shall be apportioned to the States as provided in section 402(c) of this title. Such funds shall be available for obligation in the same 23 USC 402. Waiver. 23 USC 104. manner and to the same extent as if such funds were apportioned under section 104(b)(1), 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 Evaluation process. the Secretary, to analyze and assess results achieved by highway 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 highway safety improvement projects. “(g) Each State shall report to the Secretary of Transportation not State progress reports. later than September 30 of each year, on the progress being made to implement highway 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 Report to Congress. the Congress not later than January 1 of each year on the progress being made by the States in implementing the hazard elimination program. 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 “State.” the meaning given it in section 401 of this title.”.

  5. Federal-Aid Highway Act of 1978

    Pub. L. 95–599 title I § 168(a) · 92 Stat. 2689

    Changed · 23 U.S.C. § 152(c)

    Pub. L. 95–599 reenacted subsec. (c) without substantive change

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–599 reenacted subsec. (c) without substantive change.

    Enacted provision · exact public law section
    (a) Section 152 of title 23, United States Code, is amended to read as follows: “§ 152. Hazard elimination program “(a) Each State shall conduct and systematically maintain an Survey and improvement schedule. 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 and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement. “(b) The Secretary may approve as a project under this section any highway safety improvement project. “(c) Funds authorized to carry out this section shall 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. “(d) The Federal share payable on account of any project under Federal share. this section shall be 90 percent of the cost thereof. “(e) Funds authorized to be appropriated to carry out this section shall be apportioned to the States as provided in section 402(c) of this title. Such funds shall be available for obligation in the same 23 USC 402. Waiver. 23 USC 104. manner and to the same extent as if such funds were apportioned under section 104(b)(1), 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 Evaluation process. the Secretary, to analyze and assess results achieved by highway 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 highway safety improvement projects. “(g) Each State shall report to the Secretary of Transportation not State progress reports. later than September 30 of each year, on the progress being made to implement highway 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 Report to Congress. the Congress not later than January 1 of each year on the progress being made by the States in implementing the hazard elimination program. 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 “State.” the meaning given it in section 401 of this title.”.

  6. Federal-Aid Highway Act of 1978

    Pub. L. 95–599 title I § 168(a) · 92 Stat. 2689

    Substituted · 23 U.S.C. § 152(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Section 152 of title 23, United States Code, is amended to read as follows: “§ 152. Hazard elimination program “(a) Each State shall conduct and systematically maintain an Survey and improvement schedule. 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 and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement. “(b) The Secretary may approve as a project under this section any highway safety improvement project. “(c) Funds authorized to carry out this section shall 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. “(d) The Federal share payable on account of any project under Federal share. this section shall be 90 percent of the cost thereof. “(e) Funds authorized to be appropriated to carry out this section shall be apportioned to the States as provided in section 402(c) of this title. Such funds shall be available for obligation in the same 23 USC 402. Waiver. 23 USC 104. manner and to the same extent as if such funds were apportioned under section 104(b)(1), 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 Evaluation process. the Secretary, to analyze and assess results achieved by highway 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 highway safety improvement projects. “(g) Each State shall report to the Secretary of Transportation not State progress reports. later than September 30 of each year, on the progress being made to implement highway 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 Report to Congress. the Congress not later than January 1 of each year on the progress being made by the States in implementing the hazard elimination program. 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 “State.” the meaning given it in section 401 of this title.”.

  7. Federal-Aid Highway Act of 1978

    Pub. L. 95–599 title I § 168(a) · 92 Stat. 2689

    Substituted · 23 U.S.C. § 152(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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (a) Section 152 of title 23, United States Code, is amended to read as follows: “§ 152. Hazard elimination program “(a) Each State shall conduct and systematically maintain an Survey and improvement schedule. 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 and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement. “(b) The Secretary may approve as a project under this section any highway safety improvement project. “(c) Funds authorized to carry out this section shall 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. “(d) The Federal share payable on account of any project under Federal share. this section shall be 90 percent of the cost thereof. “(e) Funds authorized to be appropriated to carry out this section shall be apportioned to the States as provided in section 402(c) of this title. Such funds shall be available for obligation in the same 23 USC 402. Waiver. 23 USC 104. manner and to the same extent as if such funds were apportioned under section 104(b)(1), 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 Evaluation process. the Secretary, to analyze and assess results achieved by highway 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 highway safety improvement projects. “(g) Each State shall report to the Secretary of Transportation not State progress reports. later than September 30 of each year, on the progress being made to implement highway 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 Report to Congress. the Congress not later than January 1 of each year on the progress being made by the States in implementing the hazard elimination program. 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 “State.” the meaning given it in section 401 of this title.”.

  8. Federal-Aid Highway Act of 1978

    Pub. L. 95–599 title I § 168(a) · 92 Stat. 2689

    1. Added · 23 U.S.C. § 152(f)(h)

      Pub. L. 95–599 added subsecs. (f) and (g)

    2. Redesignated · 23 U.S.C. § 152(f)(h)

      Pub. L. 95–599 redesignated former subsec. (f) as (h)

    Source evidence

    Code amendment note
    Subsecs. (f) to (h). Pub. L. 95–599 added subsecs. (f) and (g) and redesignated former subsec. (f) as (h).

    Enacted provision · exact public law section
    (a) Section 152 of title 23, United States Code, is amended to read as follows: “§ 152. Hazard elimination program “(a) Each State shall conduct and systematically maintain an Survey and improvement schedule. 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 and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement. “(b) The Secretary may approve as a project under this section any highway safety improvement project. “(c) Funds authorized to carry out this section shall 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. “(d) The Federal share payable on account of any project under Federal share. this section shall be 90 percent of the cost thereof. “(e) Funds authorized to be appropriated to carry out this section shall be apportioned to the States as provided in section 402(c) of this title. Such funds shall be available for obligation in the same 23 USC 402. Waiver. 23 USC 104. manner and to the same extent as if such funds were apportioned under section 104(b)(1), 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 Evaluation process. the Secretary, to analyze and assess results achieved by highway 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 highway safety improvement projects. “(g) Each State shall report to the Secretary of Transportation not State progress reports. later than September 30 of each year, on the progress being made to implement highway 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 Report to Congress. the Congress not later than January 1 of each year on the progress being made by the States in implementing the hazard elimination program. 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 “State.” the meaning given it in section 401 of this title.”.

  9. Pub. L. 96–106 § 10(b) · 93 Stat. 796

    1. Substituted · 23 U.S.C. § 152(g)

      Pub. L. 96–106 substituted “December 30” for “September 30”

    2. Substituted · 23 U.S.C. § 152(g)

      Pub. L. 96–106 substituted “April 1” for “January 1”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 96–106 substituted “December 30” for “September 30” and “April 1” for “January 1”.

    Enacted provision · exact public law section
    (b) Subsection (g) of section 152 of title 23, United States Code, is amended by striking out “September 30” and inserting in lieu thereof “December 30”, and by striking out “January 1” and inserting in lieu thereof “April 1”.

  10. Congressional Reports Elimination Act of 1982

    Pub. L. 97–375 title II § 210(b) · 96 Stat. 1819

    Inserted · 23 U.S.C. § 152(g)

    Pub. L. 97–375 inserted “(including but not limited to any projects for pavement marking)” after “implementing the hazard elimination program”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 97–375 inserted “(including but not limited to any projects for pavement marking)” after “implementing the hazard elimination program”.

    Enacted provision · exact public law section
    (b) Section 152(g) of title 23, United States Code (92 Stat. 2723), is amended by inserting “(including but not limited to any projects for pavement marking)” after “program” in the third sentence.

  11. Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 title I § 125 · 96 Stat. 2097

    Substituted · 23 U.S.C. § 152(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 125. hazard eumination program extension Subsection (c) of section 152 of title 23, United States Code, is amended to read as follows: “(c) Funds authorized to carry out this section shall be available for expenditure on any public road (other than a highway on the Interstate System).”.

  12. Federal-Aid Highway Act of 1987

    Pub. L. 100–17 title I § 133(b)(12) · 101 Stat. 132

    Substituted · 23 U.S.C. § 152(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (12) Section 152(g) of such title is amended by striking out “the Congress” and inserting in lieu thereof “the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives”.

  13. National Highway System Designation Act of 1995

    Pub. L. 104–59 title III § 325(c) · 109 Stat. 568

    Substituted · 23 U.S.C. § 152(g)

    Pub. L. 104–59 substituted “Committee on Transportation and Infrastructure” for “Committee on Public Works and Transportation”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–59 substituted “Committee on Transportation and Infrastructure” for “Committee on Public Works and Transportation”.

    Enacted provision · exact public law section
    (c) Hazard Elimination Report.— The third sentence of section 152(g) of such title is amended by striking “Committee on Public Works and Transportation” and inserting “Committee on Transportation and Infrastructure”.

  14. Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1401(1) · 112 Stat. 107

    1. Inserted · 23 U.S.C. § 152(a)

      Pub. L. 105–178, § 1401(1), inserted subsec. heading

    2. Amended · 23 U.S.C. § 152(a)

      Pub. L. 105–178, § 1401(1), designated existing provisions as par. (1)

    3. Inserted · 23 U.S.C. § 152(a)

      Pub. L. 105–178, § 1401(1), inserted par. heading, realigned margins

    4. Substituted · 23 U.S.C. § 152(a)

      Pub. L. 105–178, § 1401(1), substituted “motorists, bicyclists, and pedestrians” for “motorists and pedestrians”

    5. Added · 23 U.S.C. § 152(a)

      Pub. L. 105–178, § 1401(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–178, § 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).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “(a) Each” and inserting the following: “(a) In General.— “(1) Program.— Each” ; (B) by inserting “, bicyclists,” after “motorists”; (C) by adding at the end the following: “(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.” ; and (D) by aligning the remainder of the text of paragraph (1) (as designated by subparagraph (A) of this paragraph) with paragraph (2) of such subsection (as added by subparagraph (C) of this paragraph);

  15. Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1401(2) · 112 Stat. 107

    Substituted · 23 U.S.C. § 152(b)

    Pub. L. 105–178, § 1401(2), substituted “safety improvement project, including a project described in subsection (a)” for “highway safety improvement project”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–178, § 1401(2), substituted “safety improvement project, including a project described in subsection (a)” for “highway safety improvement project”.

    Enacted provision · exact public law section
    (2) in subsection (b) by striking “highway safety improvement project” and inserting “safety improvement project, including a project described in subsection (a)”;

  16. Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1401(3) · 112 Stat. 107

    Substituted · 23 U.S.C. § 152(c)

    Pub. L. 105–178, § 1401(3), substituted “on—

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–178, § 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)”.

    Enacted provision · exact public law section
    (3) in subsection (c) by striking “on any public road (other than a highway on the Interstate System).” and inserting the following: “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.”;

  17. Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1401(4) · 112 Stat. 107

    1. Struck · 23 U.S.C. § 152(e)

      Pub. L. 105–178, § 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”

    2. Substituted · 23 U.S.C. § 152(e)

      Pub. L. 105–178, § 1401(4), substituted “section 104(b)” for “section 104(b)(1)”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–178, § 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)”.

    Enacted provision · exact public law section
    (4) in subsection (e)— (A) by striking “apportioned to” in the first sentence and all that follows through “shall be” in the second sentence; and (B) by striking “section 104(b)(1)” and inserting “section 104(b)”; and

  18. Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1401(5) · 112 Stat. 107

    Substituted · 23 U.S.C. § 152(f); 23 U.S.C. § 152(g)

    Pub. L. 105–178, § 1401(5), substituted “safety improvement projects” for “highway safety improvement projects” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 105–178, § 1401(5), substituted “safety improvement projects” for “highway safety improvement projects” wherever appearing.

    Enacted provision · exact public law section
    (5) in subsections (f) and (g) by striking “highway safety improvement projects” each place it appears and inserting “safety improvement projects”.

26 of 26 references resolved to an enrolled provision

Editorial Notes

Amendments1976–1998 · 8 rounds

1998

Subsec. (a). Pub. L. 105–178, § 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, § 1401(2), substituted “safety improvement project, including a project described in subsection (a)” for “highway safety improvement project”.

Subsec. (c). Pub. L. 105–178, § 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, § 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, § 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 through .

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).

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective , 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.

Credits

1973–1998 · 9 acts
  1. 1973Added Pub. L. 93–87, title II, § 209(a), , 87 Stat. 286
  2. 1976amended Pub. L. 94–280, title I, § 131, , 90 Stat. 441
  3. 1978Pub. L. 95–599, title I, § 168(a), , 92 Stat. 2722
  4. 1979Pub. L. 96–106, § 10(b), , 93 Stat. 798
  5. 1982Pub. L. 97–375, title II, § 210(b), , 96 Stat. 1826
  6. 1983Pub. L. 97–424, title I, § 125, , 96 Stat. 2113
  7. 1987Pub. L. 100–17, title I, § 133(b)(12), , 101 Stat. 172
  8. 1995Pub. L. 104–59, title III, § 325(c), , 109 Stat. 592
  9. 1998Pub. L. 105–178, title I, § 1401, , 112 Stat. 235.
Show as published

(Added Pub. L. 93–87, title II, § 209(a), , 87 Stat. 286; amended Pub. L. 94–280, title I, § 131, , 90 Stat. 441; Pub. L. 95–599, title I, § 168(a), , 92 Stat. 2722; Pub. L. 96–106, § 10(b), , 93 Stat. 798; Pub. L. 97–375, title II, § 210(b), , 96 Stat. 1826; Pub. L. 97–424, title I, § 125, , 96 Stat. 2113; Pub. L. 100–17, title I, § 133(b)(12), , 101 Stat. 172; Pub. L. 104–59, title III, § 325(c), , 109 Stat. 592; Pub. L. 105–178, title I, § 1401, , 112 Stat. 235.)

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