(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 Text
Executive Order No. 12893, referred to in subsec. (f)(1), is set out as a note under section
, Money and Finance.
2005—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) Life-Cycle Cost Analysis.—
“(1) Establishment.—The Secretary shall establish a program to require States to conduct an analysis of the life-cycle costs of each usable project segment on the National Highway System with a cost of $25,000,000 or more.
“(2) Analysis of the life-cycle costs defined.—In this subsection, the term ‘analysis of the life-cycle costs’ means a process for evaluating the total economic worth of a usable project segment by analyzing initial costs and discounted future costs, such as maintenance, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of the project segment.”
Pub. L. 105–178
, § 1305(a)(2), redesignatedsubsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 105–178
, § 1305(a)(2), redesignatedsubsec. (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
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 Amendment
Amendment 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 ofPub. L. 102–240
, set out as a note under section
of this title.
Study of Value Engineering
Section 1091 ofPub. L. 102–240
“(a) Study.—The Secretary shall study the effectiveness and benefits of value engineering review programs applied to Federal-aid highway projects. Such study shall include an analysis of and the results of specialized techniques utilized in all facets of highway construction for the purpose of reduction of costs and improvement of the overall quality of Federal-aid highway projects.
“(b) Report.—Not later than 1 year after the date of the enactment of this Act [Dec. 18, 1991], the Secretary shall report to Congress on the results of the study under subsection (a), including recommendations on how value engineering could be utilized and improved in Federal-aid highway projects.”
Modification of Project Agreements To Effectuate Requirement of Four-Lanes of Traffic
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
of this title for purpose of effectuating amendment made by this section (amending section
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.