2011 US Code
Title 23 - Highways
Chapter 1 - FEDERAL-AID HIGHWAYS (§§ 101 - 190)
Section 106 - Project approval and oversight
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 23 - HIGHWAYS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 23 - HIGHWAYS CHAPTER 1 - FEDERAL-AID HIGHWAYS Sec. 106 - Project approval and oversight |
Contains | section 106 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 88-157, §7(a), Oct. 24, 1963, 77 Stat. 278; Pub. L. 91-605, title I, §§106(e), 142, Dec. 31, 1970, 84 Stat. 1717, 1737; Pub. L. 94-280, title I, §114, May 5, 1976, 90 Stat. 436; Pub. L. 100-17, title I, §133(b)(4), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102-240, title I, §§1016(b), 1018(a), Dec. 18, 1991, 105 Stat. 1945, 1948; Pub. L. 104-59, title III, §303, Nov. 28, 1995, 109 Stat. 578; Pub. L. 105-178, title I, §1305(a)-(c), June 9, 1998, 112 Stat. 227-229; Pub. L. 109-59, title I, §1904(a), Aug. 10, 2005, 119 Stat. 1465. |
Presidential Document Number References | Executive Order 12893 |
Statutes at Large References | 72 Stat. 892 77 Stat. 278 80 Stat. 767 84 Stat. 1717 90 Stat. 436 96 Stat. 2439 101 Stat. 171 105 Stat. 1945 109 Stat. 578 112 Stat. 227-229 119 Stat. 1465 |
Public Law References | Public Law 85-767, Public Law 88-157, Public Law 89-574, Public Law 91-605, Public Law 94-280, Public Law 97-449, Public Law 100-17, Public Law 102-240, Public Law 104-59, Public Law 105-178, Public Law 109-59 |
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(a)
(1)
(2)
(3)
(4)
(b)
(1)
(2)
(c)
(1)
(2)
(3)
(4)
(d)
(1) section 113 or 114; or
(2) any Federal law other than this title (including section 5333 of title 49).
(e)
(1)
(A)
(i) providing the needed functions safely, reliably, and at the lowest overall cost;
(ii) improving the value and quality of the project; and
(iii) reducing the time to complete the project.
(B)
(i) combining or eliminating otherwise inefficient use of costly parts of the original proposed design for the project; and
(ii) completely redesigning the project using different technologies, materials, or methods so as to accomplish the original purpose of the project.
(2)
(A) each project on the Federal-aid system with an estimated total cost of $25,000,000 or more;
(B) a bridge project with an estimated total cost of $20,000,000 or more; and
(C) any other project the Secretary determines to be appropriate.
(3)
(4)
(A) include bridge substructure requirements based on construction material; and
(B) be evaluated—
(i) on engineering and economic bases, taking into consideration acceptable designs for bridges; and
(ii) using an analysis of life-cycle costs and duration of project construction.
(f)
(1)
(2)
(g)
(1)
(A)
(B)
(2)
(A)
(B)
(3)
(4)
(A)
(i) adequate project delivery systems for projects approved under this section; and
(ii) sufficient accounting controls to properly manage such Federal funds.
(B)
(5)
(A)
(B)
(h)
(1)
(A) a project management plan; and
(B) an annual financial plan.
(2)
(A) the procedures and processes that are in effect to provide timely information to the project decisionmakers to effectively manage the scope, costs, schedules, and quality of, and the Federal requirements applicable to, the project; and
(B) the role of the agency leadership and management team in the delivery of the project.
(3)
(A) be based on detailed estimates of the cost to complete the project; and
(B) provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project.
(i)
(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 88–157, §7(a), Oct. 24, 1963, 77 Stat. 278; Pub. L. 91–605, title I, §§106(e), 142, Dec. 31, 1970, 84 Stat. 1717, 1737; Pub. L. 94–280, title I, §114, May 5, 1976, 90 Stat. 436; Pub. L. 100–17, title I, §133(b)(4), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102–240, title I, §§1016(b), 1018(a), Dec. 18, 1991, 105 Stat. 1945, 1948; Pub. L. 104–59, title III, §303, Nov. 28, 1995, 109 Stat. 578; Pub. L. 105–178, title I, §1305(a)–(c), June 9, 1998, 112 Stat. 227–229; Pub. L. 109–59, title I, §1904(a), Aug. 10, 2005, 119 Stat. 1465.)
References in TextExecutive Order No. 12893, referred to in subsec. (f)(1), is set out as a note under section 501 of Title 31, Money and Finance.
Amendments2005—Subsec. (e). Pub. L. 109–59, §1904(a)(1), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “For such projects as the Secretary determines advisable, plans, specifications, and estimates for proposed projects on any Federal-aid highway shall be accompanied by a value engineering analysis or other cost reduction analysis.”
Subsecs. (g) to (i). Pub. L. 109–59, §1904(a)(2), added subsecs. (g) to (i) and struck out former subsecs. (g) and (h) which related to establishment of a value engineering analysis program for projects with an estimated total cost of $25,000,000 or more and requirement that recipient of assistance for a project with an estimated total cost of $1,000,000,000 or more submit an annual financial plan for the project.
1998—Pub. L. 105–178, §1305(a)(1), substituted “Project approval and oversight” for “Plans, specifications, and estimates” in section catchline.
Subsecs. (a) to (d). Pub. L. 105–178, §1305(a)(3), added subsecs. (a) to (d) and struck out former subsecs. (a) to (d) which related to requirement for State highway departments to submit to Secretary for approval plans, specifications, and estimates for each proposed highway project, special rules relating to resurfacing, restoring, and rehabilitating projects on National Highway System, to low-cost National Highway System projects, and to non-National Highway System projects, limitation on estimates for construction engineering, and provisions relating to value engineering or other cost reduction analysis.
Subsec. (e). Pub. L. 105–178, §1305(a)(3), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 105–178, §1305(c), added subsec. (f) and struck out former subsec. (f) which read as follows:
“(f)
“(1)
“(2)
Pub. L. 105–178, §1305(a)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 105–178, §1305(a)(2), redesignated subsec. (f) as (g).
Subsec. (h). Pub. L. 105–178, §1305(b), added subsec. (h).
1995—Subsecs. (e), (f). Pub. L. 104–59 added subsecs. (e) and (f).
1991—Subsec. (a). Pub. L. 102–240, §1016(b)(1), inserted “this section and” before “section 117”.
Subsec. (b). Pub. L. 102–240, §1016(b)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “In addition to the approval required under subsection (a) of this section, proposed specifications for projects for construction on (1) the Federal-aid secondary system, except in States where all public roads and highways are under the control and supervision of the State highway department, and (2) the Federal-aid urban system, shall be determined by the State highway department and the appropriate local road officials in cooperation with each other.”
Subsec. (c). Pub. L. 102–240, §1018(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Items included in any such estimate for construction engineering shall not exceed 15 percent of the total estimated cost of a project financed with Federal-aid highway funds, after excluding from such total estimate cost, the estimated costs of rights-of-way, preliminary engineering, and construction engineering.”
1987—Subsec. (c). Pub. L. 100–17 substituted “15 percent” for “10 per centum” and struck out at end “However, this limitation shall be 15 per centum in any State with respect to which the Secretary finds such higher limitation to be necessary.”
1976—Subsec. (c). Pub. L. 94–280 substituted “Federal-aid highway funds” for “Federal-aid primary, secondary, or urban funds” and “such total estimate cost” for “such total estimated cost” and struck out 10 per centum limitation for any project financed with interstate funds.
1970—Subsec. (b). Pub. L. 91–605, §106(e), inserted reference to the Federal-aid urban system.
Subsec. (d). Pub. L. 91–605, §142, added subsec. (d).
1963—Subsec. (c). Pub. L. 88–157 substituted “a project financed with Federal-aid primary, secondary, or urban funds” for “the project” and provided for limitation, on items included in estimates for construction engineering on projects financed with Federal-aid primary, secondary, or urban funds, of 15 percent of total estimated cost of the project where found by the Secretary to be necessary and for 10-percent limitation on projects financed with interstate funds.
Effective Date of 1991 AmendmentAmendment 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.
Study of Value EngineeringSection 1091 of Pub. L. 102–240 provided that:
“(a)
“(b)
Pub. L. 89–574, §5(b), Sept. 13, 1966, 80 Stat. 767, as amended by Pub. L. 97–449, §2(a), Jan. 12, 1983, 96 Stat. 2439, authorized Secretary to modify project agreements entered into prior to Sept. 13, 1966, pursuant to section 106 of this title for purpose of effectuating amendment made by this section (amending section 109(b) of this title to add a requirement of four lanes of traffic) with respect to as much of National System of Interstate and Defense Highways [now Dwight D. Eisenhower System of Interstate and Defense Highways] as may be possible.
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