Pub. L. 100-17, tit. I, sec. 113

ADVANCE CONSTRUCTION.

EnactedYear: 1987Length: 826 wordsOfficial source
SEC. 113. ADVANCE CONSTRUCTION. (a) Substitute, Urban, Secondary, Bridge, Planning, Research, and Safety Construction Projects.—Subsection (a) of section 115 of title 23, United States Code, is amended to read as follows: “(a) Substitute, Urban, Secondary, Bridge, Planning, Research, and Safety Construction Projects.— “(1) General rule.—Subject to paragraph (2), when a State— “(A)(i) has obligated all funds apportioned or allocated to it under section 103(e)(4)(H), section 104(b)(2), section 104(b)(6), section 104(f), section 130, section 144, section 152, or section 307 of this title, or “(ii) has used or demonstrates that it will use all obligation authority allocated to it for Federal-aid highways and highway safety construction, and “(B) proceeds with a project funded under such an apportionment or allocation without the aid of Federal funds in accordance with all procedures and all requirements applicable to such a project, except insofar as such procedures and requirements limit the State to implementation of projects with the aid of Federal funds previously apportioned or allocated to it or limit a State to implementation of a project with obligation authority previously allocated to it for Federal-aid highways and highway safety construction, the Secretary, upon approval of an application of the State, is authorized to pay to the State the Federal share of the cost of the project when additional funds are apportioned or allocated to the State under such section or when additional obligation authority is allocated to it. “(2) Plans, specifications, and applicable standards.—The Secretary may only make payments to a State with respect to a project if— “(A) prior to commencement of the project the Secretary approves the plans and specifications therefor in the same manner as other projects, and “(B) the project conforms to the applicable standards under this title. “(3) Limitation with respect to currently authorized funds.—The Secretary may not approve an application under this section unless an authorization for section 103(e)(4), 104, 130, 144, 152, or 307 of this title, as the case may be, is in effect for the fiscal year for which the application is sought beyond the currently authorized funds for such State. No application may be approved which will exceed the State’s expected apportionment of such authorizations. This paragraph shall have no effect during the period beginning January 1, 1987, and ending September 30, 1990.”. (b) Primary Projects.—Subsection (b)(1) of such section is amended to read as follows: “(b) Interstate and Primary Projects.— “(1) In general.—When a State proceeds to construct any project on the Federal-aid primary system or the Interstate 101 STAT. 150 System without the aid of Federal funds in accordance with all procedures and all requirements applicable to such a project, except insofar as such procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon approval of application of the State, is authorized to pay to the State the Federal share of the cost of construction of the project when additional funds are apportioned to the State under section 104(b)(1) or 104(b)(5), as the case may be, if— “(A) prior to the construction of the project the Secretary approves the plans and specifications therefor in the same manner as other projects, and “(B) the project conforms to the applicable standards under section 109 of this title.”. (c) Limitation for Fiscal Years 1987–1990.—Such section 115 is further amended by adding at the end the following new subsection: “(d) Limitation on Advanced Funding for Fiscal Years 1987–1990.—The Secretary may not approve an application of a State under this section with respect to a project with funds apportioned, or currently authorized to be apportioned, under section 103(e)(4)(H), 104, 130, 144, 152, or 307 if the amount of approved applications with respect to such projects exceeds the total of unobligated funds apportioned or allocated to the State under such section, plus such State’s expected apportionment under such section from existing authorizations plus an amount equal to such State’s expected apportionment under such section (other than section 104(b)(5)(A)) for one additional fiscal year. This subsection shall only be effective during the period beginning January 1, 1987, and ending September 30, 1990.”. (d) Conforming Amendments.—(1) Such section 115 is amended— (A) by striking out the heading for such section and inserting in lieu thereof the following: “§ 115. Advance construction”; (B) in subsection (b)(2) by inserting “Bond interest for projects under construction on january 1, 1983.—” after “(2)”; (C) in subsection (b)(3) by inserting “Bond interest.—” after “(3)”; (D) in subsection (b) by aligning paragraphs (2) and (3) with paragraph (1), as amended by subsection (b) of this section; (E) in subsection (c) by inserting “Completion of Projects.—” after “(c)”; and (F) in subsection (c) by striking out “or 144” and inserting in lieu thereof “134, 144, 152, or 307”. (2) The analysis for chapter 1 of such title 23 is amended by striking out the item relating to section 115 and inserting in lieu thereof the following: “115. Advance construction.”
Pub. L. 100-17, tit. I, sec. 113: ADVANCE CONSTRUCTION. | Justis AI