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23 U.S.C. § 116 — Maintenance

submitted 68 years ago by Pub. L. 85-767 to r/title-23-HIGHWAYS · 339 words · no verdicts yet

in plain englishAI-generated · not legal advice

States must maintain federal-aid highway projects after they're built. If a state can't legally do that itself, it must arrange for a local government to do it. Failing to maintain a project can cost the state its federal highway funding until it's fixed.

(a) Definitions — (1) "Preventive maintenance" includes pavement-preservation programs and activities. (2) "Pavement preservation programs and activities" means long-term, network-wide strategies using cost-effective practices that make pavement last longer, improve safety, and meet drivers' expectations. (b) The state transportation department, or whoever else directly received the project, must maintain — or arrange to maintain — any project built under this chapter or under earlier highway laws. (c) Agreement — If the state transportation department or other direct recipient legally can't maintain a project itself, it must sign a formal agreement with the right county or city officials so the project gets maintained. (d) If the Secretary finds that a project isn't being properly maintained, the Secretary must notify the state transportation department or direct recipient. If the project still isn't fixed within 90 days of that notice, the Secretary must stop approving new projects — in the affected highway district, city, county, other subdivision, or the whole state, whichever the Secretary decides fits best — until the project is properly maintained again. (e) Preventive Maintenance — A preventive-maintenance activity qualifies for federal funding under this title if the state shows the Secretary that it's a cost-effective way to extend the useful life of a federal-aid highway.
the actual law source: uscode.house.gov ↗public domain
(a)Definitions.—

In this section, the following definitions apply:

(1)Preventive maintenance.—

The term “preventive maintenance” includes pavement preservation programs and activities.

(2)Pavement preservation programs and activities.—

The term “pavement preservation programs and activities” means programs and activities employing a network level, long-term strategy that enhances pavement performance by using an integrated, cost-effective set of practices that extend pavement life, improve safety, and meet road user expectations.

(b)

It shall be the duty of the State transportation department or other direct recipient to maintain, or cause to be maintained, any project constructed under the provisions of this chapter or constructed under the provisions of prior Acts.

(c)Agreement.—

In any State in which the State transportation department or other direct recipient is without legal authority to maintain a project described in subsection (b), the transportation department or direct recipient shall enter into a formal agreement with the appropriate officials of the county or municipality in which the project is located to provide for the maintenance of the project.

(d)

If at any time the Secretary shall find that any project constructed under the provisions of this chapter, or constructed under the provisions of prior Acts, is not being properly maintained, he shall call such fact to the attention of the State transportation department or other direct recipient. If, within ninety days after receipt of such notice, such project has not been put in proper condition of maintenance, the Secretary shall withhold approval of further projects of all types in the State highway district, municipality, county, other political or administrative subdivision of the State, or the entire State in which such project is located, whichever the Secretary deems most appropriate, until such project shall have been put in proper condition of maintenance.

(e)Preventive Maintenance.—

A preventive maintenance activity shall be eligible for Federal assistance under this title if the State demonstrates to the satisfaction of the Secretary that the activity is a cost-effective means of extending the useful life of a Federal-aid highway.

Source credit: (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86–70, § 21(d)(2), (e)(3), June 25, 1959, 73 Stat. 145, 146; Pub. L. 90–495, § 26, Aug. 23, 1968, 82 Stat. 829; Pub. L. 95–599, title I, § 124(d), Nov. 6, 1978, 92 Stat. 2705; Pub. L. 97–424, title I, § 114, Jan. 6, 1983, 96 Stat. 2107; Pub. L. 100–17, title I, § 125(b)(2), Apr. 2, 1987, 101 Stat. 167; Pub. L. 104–59, title III, § 309, Nov. 28, 1995, 109 Stat. 582; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–59, title I, § 1111(b)(1), Aug. 10, 2005, 119 Stat. 1171; Pub. L. 112–141, div. A, title I, § 1507, July 6, 2012, 126 Stat. 565.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-767 · 72 Stat. 896
  • 1959Amended · Pub. L. 86-70 · 73 Stat. 145, 146
  • 1968Amended · Pub. L. 90-495 · 82 Stat. 829
  • 1978Amended · Pub. L. 95-599 · 92 Stat. 2705
  • 1983Amended · Pub. L. 97-424 · 96 Stat. 2107
  • 1987Amended · Pub. L. 100-17 · 101 Stat. 167
  • 1995Amended · Pub. L. 104-59 · 109 Stat. 582
  • 1998Amended · Pub. L. 105-178 · 112 Stat. 193
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1171
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 565

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-767 on 1958-08-27.

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