Loading...
HomeMy WebLinkAboutunited states code53 TITLE 23—UNITED STATES CODE § 125 § 123. Relocation of utility facilities (a) When a State shall pay for the cost of relocation of utility facilities necessitated by the construction of a project on any Fed- eral -aid system, Federal funds may be used to reimburse the State for such cost in the same proportion as Federal funds are expended on the project. Federal funds shall not be used to reimburse the State under this section when the payment to the utility violates the law of the State or violates a legal contract between the utility and the State. Such reimbursement shall be made only after evi- dence satisfactory to the Secretary shall have been presented to him substantiating the fact that the State has paid such cost from its own funds with respect to Federal -aid highway projects for which Federal funds are obligated subsequent to April 16, 1958, for work, including relocation of utility facilities. (b) The term "utility", for the purposes of this section, shall in- clude publicly, privately, and cooperatively owned utilities. (c) The term "cost of relocation", for the purposes of this sec- tion, shall include the entire amount paid by such utility properly attributable to such relocation after deducting therefrom any in- crease in the value of the new facility and any salvage value de- rived from the old facility. § 124. Advances to States If the Secretary shall determine that it is necessary for the ex- peditious completion of projects on any of the Federal -aid systems, including the Interstate System, he may advance to any State out of any existing appropriations the Federal share of the cost of con- struction thereof to enable the State transportation department to make prompt payments for acquisition of rights -of -way, and for the construction as it progresses. The sums so advanced shall be depos- ited in a special revolving trust fund, by the State official author- ized under the laws of the State to receive Federal -aid highway funds, to be disbursed solely upon vouchers approved by the State transportation department for rights -of -way which have been or are being acquired, and for construction which has been actually per- formed and approved by the Secretary pursuant to this chapter. Upon determination by the Secretary that any part of the funds ad- vanced to any State under the provisions of this section are no longer required, the amount of the advance, which is determined to be in excess of current requirements of the State, shall be repaid upon his demand, and such repayments shall be returned to the credit of the appropriation from which the funds were advanced. Any sum advanced and not repaid on demand shall be deducted from sums due the State for the Federal pro rata share of the cost of construction of Federal -aid projects. § 125. Emergency relief (a) GENERAL ELIGIBILITY. —Subject to this section and section 120, an emergency fund is authorized for expenditure by the Sec- retary for the repair or reconstruction of highways, roads, and trails, in any part of the United States, including Indian reserva- tions, that the Secretary finds have suffered serious damage as a result of— § 125 TITLE 23—UNITED STATES CODE 54 (1) natural disaster over a wide area, such as by a flood, hurricane, tidal wave, earthquake, severe storm, or landslide; or (2) catastrophic failure from any external cause. (b) RESTRICTION ON ELIGIBILITY. —In no event shall funds be used pursuant to this section for the repair or reconstruction of bridges that have been permanently closed to all vehicular traffic by the State or responsible local official because of imminent dan- ger of collapse due to a structural deficiency or physical deteriora- tion. (c) FUNDING. —Subject to the following limitations, there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as may be necessary to establish the fund authorized by this section and to replenish it on an annual basis: (1) Not more than $100,000,000 is authorized to be obli- gated in any 1 fiscal year commencing after September 30, 1980, to carry out the provisions of this section; except that, if in any fiscal year the total of all obligations under this section is less than the amount authorized to be obligated in such fis- cal year, the unobligated balance of such amount shall remain available until expended and shall be in addition to amounts otherwise available to carry out this section each year. (2) Pending such appropriation or replenishment, the Sec- retary may obligate from any funds heretofore or hereafter appropriated for obligation in accordance with this title, includ- ing existing Federal -aid appropriations, such sums as may be necessary for the immediate prosecution of the work herein authorized. Funds obligated under this paragraph shall be re- imbursed from such appropriation or replenishment. (d) The Secretary may expend funds from the emergency fund herein authorized for the repair or reconstruction of highways on Federal -aid highways in accordance with the provisions of this chapter: Provided, That (1) obligations for projects under this sec- tion, including those on highways, roads, and trails mentioned in subsection (e) of this section, resulting from a single natural dis- aster or a single catastrophic failure in a State shall not exceed $100,000,000, and (2) the total obligations for projects under this section in any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exeed $20,000,000. Notwithstanding any provision of this chapter actual and necessary costs of maintenance and operation of ferryboats providing temporary substitute highway traffic service, less the amount of fares charged, may be expended from the emer- gency fund herein authorized on Federal -aid highways. Except as to highways, roads, and trails mentioned in subsection (e) of this section, no funds shall be so expended unless the Secretary has re- ceived an application therefor from the State transportation depart- ment, and unless an emergency has been declared by the Governor of the State and concurred in by the Secretary, except that if the President has declared such emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5121 et seq.) concurrence of the Secretary is not required. 55 TITLE 23—UNITED STATES CODE § 127 (e) The Secretary may expend funds from the emergency fund herein authorized, either independently or in cooperation with any other branch of the Government, State agency, organization, or person, for the repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, parkways, public lands highways, public lands development roads and trails, and Indian reservation roads, whether or not such highways, roads, or trails are Federal -aid highways. (f) TREATMENT OF TERRITORIES. —For purposes of this section, the Virgin Islands, Guam, American Samoa, and the Common- wealth of the Northern Mariana Islands shall be considered to be States and parts of the United States, and the chief executive offi- cer of each such territory shall be considered to be a Governor of a State. [Section 126—repealed by P.L. 105-178] § 127. Vehicle weight limitations —Interstate System (a) IN GENERAL. —No funds shall be apportioned in any fiscal year under section 104(b)(1) of this title to any State which does not permit the use of the National System of Interstate and De- fense Highways 1 within its boundaries by vehicles with a weight of twenty thousand pounds carried on any one axle, including enforcement tolerances, or with a tandem axle weight of thirty-four thousand pounds, including enforcement tolerances, or a gross weight of at least eighty thousand pounds for vehicle combinations of five axles or more. However, the maximum gross weight to be allowed by any State for vehicles using the National System of Interstate and Defense Highways 1 shall be twenty thousand pounds carried on one axle, including enforcement tolerances, and a tandem axle weight of thirty-four thousand pounds, including enforcement tolerances and with an overall maximum gross weight, including enforcement tolerances, on a group of two or more con- secutive axles produced by application of the following formula: LN W=500 +12N+36 N-1 where W equals overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds, L equals dis- tance in feet between the extreme of any group of two or more con- secutive axles, and N equals number of axles in group under con- sideration, except that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each providing the overall distance between the first and last axles of such con- secutive sets of tandem axles is (1)2 thirty-six feet or more, or (2) in the case of a motor vehicle hauling any tank trailer, dump trailer, or ocean transport container before September 1, 1989, is Should be Interstate System. 2Soction 119(a)(1), (2) of P.L. 100-17, 101 Stat. 157, directed that the second sentence be amended by inserting "(1)" before "is 96 feet or more" and by inserting clause (2) after such phrase, This amendment was executed by making the insertions before and after "is thirty-six feet or more" to reflect the probable intent of Congress.