
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 23USC152]

 
                           TITLE 23--HIGHWAYS
 
                     CHAPTER 1--FEDERAL-AID HIGHWAYS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 152. Hazard elimination program

    (a) In General.--
        (1) Program.--Each State shall conduct and systematically 
    maintain an engineering survey of all public roads to identify 
    hazardous locations, sections, and elements, including roadside 
    obstacles and unmarked or poorly marked roads, which may constitute 
    a danger to motorists, bicyclists, and pedestrians, assign 
    priorities for the correction of such locations, sections, and 
    elements, and establish and implement a schedule of projects for 
    their improvement.
        (2) Hazards.--In carrying out paragraph (1), a State may, at its 
    discretion--
            (A) identify, through a survey, hazards to motorists, 
        bicyclists, pedestrians, and users of highway facilities; and
            (B) develop and implement projects and programs to address 
        the hazards.

    (b) The Secretary may approve as a project under this section any 
safety improvement project, including a project described in subsection 
(a).
    (c) Funds authorized to carry out this section shall be available 
for expenditure on--
        (1) any public road;
        (2) any public surface transportation facility or any publicly 
    owned bicycle or pedestrian pathway or trail; or
        (3) any traffic calming measure.

    (d) The Federal share payable on account of any project under this 
section shall be 90 percent of the cost thereof.
    (e) Funds authorized to be appropriated to carry out this section 
shall be available for obligation in the same manner and to the same 
extent as if such funds were apportioned under section 104(b), except 
that the Secretary is authorized to waive provisions he deems 
inconsistent with the purposes of this section.
    (f) Each State shall establish an evaluation process approved by the 
Secretary, to analyze and assess results achieved by safety improvement 
projects carried out in accordance with procedures and criteria 
established by this section. Such evaluation process shall develop cost-
benefit data for various types of corrections and treatments which shall 
be used in setting priorities for safety improvement projects.
    (g) Each State shall report to the Secretary of Transportation not 
later than December 30 of each year, on the progress being made to 
implement safety improvement projects for hazard elimination and the 
effectiveness of such improvements. Each State report shall contain an 
assessment of the cost of, and safety benefits derived from, the various 
means and methods used to mitigate or eliminate hazards and the previous 
and subsequent accident experience at these locations. The Secretary of 
Transportation shall submit a report to the Committee on Environment and 
Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives not later than April 1 of 
each year on the progress being made by the States in implementing the 
hazard elimination program (including but not limited to any projects 
for pavement marking). The report shall include, but not be limited to, 
the number of projects undertaken, their distribution by cost range, 
road system, means and methods used, and the previous and subsequent 
accident experience at improved locations. In addition, the Secretary's 
report shall analyze and evaluate each State program, identify any State 
found not to be in compliance with the schedule of improvements required 
by subsection (a) and include recommendations for future implementation 
of the hazard elimination program.
    (h) For the purposes of this section the term ``State'' shall have 
the meaning given it in section 401 of this title.

(Added Pub. L. 93-87, title II, Sec. 209(a), Aug. 13, 1973, 87 Stat. 
286; amended Pub. L. 94-280, title I, Sec. 131, May 5, 1976, 90 Stat. 
441; Pub. L. 95-599, title I, Sec. 168(a), Nov. 6, 1978, 92 Stat. 2722; 
Pub. L. 96-106, Sec. 10(b), Nov. 9, 1979, 93 Stat. 798; Pub. L. 97-375, 
title II, Sec. 210(b), Dec. 21, 1982, 96 Stat. 1826; Pub. L. 97-424, 
title I, Sec. 125, Jan. 6, 1983, 96 Stat. 2113; Pub. L. 100-17, title I, 
Sec. 133(b)(12), Apr. 2, 1987, 101 Stat. 172; Pub. L. 104-59, title III, 
Sec. 325(c), Nov. 28, 1995, 109 Stat. 592; Pub. L. 105-178, title I, 
Sec. 1401, June 9, 1998, 112 Stat. 235.)


                               Amendments

    1998--Subsec. (a). Pub. L. 105-178, Sec. 1401(1), inserted subsec. 
heading, designated existing provisions as par. (1) and inserted par. 
heading, realigned margins, substituted ``motorists, bicyclists, and 
pedestrians'' for ``motorists and pedestrians'', and added par. (2).
    Subsec. (b). Pub. L. 105-178, Sec. 1401(2), substituted ``safety 
improvement project, including a project described in subsection (a)'' 
for ``highway safety improvement project''.
    Subsec. (c). Pub. L. 105-178, Sec. 1401(3), substituted ``on--
        ``(1) any public road;
        ``(2) any public surface transportation facility or any publicly 
    owned bicycle or pedestrian pathway or trail; or
        ``(3) any traffic calming measure'' for ``on any public road 
    (other than a highway on the Interstate System)''.
    Subsec. (e). Pub. L. 105-178, Sec. 1401(4), struck out ``apportioned 
to the States as provided in section 402(c) of this title. Such funds 
shall be'' before ``available for obligation'' and substituted ``section 
104(b)'' for ``section 104(b)(1)''.
    Subsecs. (f), (g). Pub. L. 105-178, Sec. 1401(5), substituted 
``safety improvement projects'' for ``highway safety improvement 
projects'' wherever appearing.
    1995--Subsec. (g). Pub. L. 104-59 substituted ``Committee on 
Transportation and Infrastructure'' for ``Committee on Public Works and 
Transportation''.
    1987--Subsec. (g). Pub. L. 100-17 substituted ``the Committee on 
Environment and Public Works of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives'' for ``the 
Congress''.
    1983--Subsec. (c). Pub. L. 97-424 substituted provision that funds 
authorized to carry out this section shall be available for expenditure 
on any public road (other than a highway on the Interstate System), for 
provision that funds authorized to carry out this section would be 
available solely for expenditure for projects on any Federal-aid system 
(other than the Interstate System) except in the Virgin Islands, Guam, 
and American Samoa.
    1982--Subsec. (g). Pub. L. 97-375 inserted ``(including but not 
limited to any projects for pavement marking)'' after ``implementing the 
hazard elimination program''.
    1979--Subsec. (g). Pub. L. 96-106 substituted ``December 30'' for 
``September 30'' and ``April 1'' for ``January 1''.
    1978--Subsec. (a). Pub. L. 95-599 substituted ``public roads'' for 
``highways'' and inserted provisions relating to identification of 
hazardous sections and elements.
    Subsec. (b). Pub. L. 95-599 substituted provisions relating to 
approval of highway safety improvement projects by the Secretary for 
provisions authorizing appropriations for fiscal years ending June 30, 
1974 through June 30, 1976.
    Subsec. (c). Pub. L. 95-599 reenacted subsec. (c) without 
substantive change.
    Subsec. (d). Pub. L. 95-599 substituted provisions prescribing the 
Federal share payable on account of any project under this section for 
provisions relating to apportionment of funds made available under 
subsec. (b) to the States. See subsec. (e) of this section.
    Subsec. (e). Pub. L. 95-599 substituted provisions relating to 
apportionment of funds to the States under this section for provisions 
relating to progress reports required of the States under this section. 
See subsec. (g).
    Subsecs. (f) to (h). Pub. L. 95-599 added subsecs. (f) and (g) and 
redesignated former subsec. (f) as (h).
    1976--Subsec. (f). Pub. L. 94-280 added subsec. (f).


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions in subsec. 
(g) of this section relating to the requirement that the Secretary of 
Transportation submit a report to the Committee on Environment and 
Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives not later than April 1 of 
each year, see section 3003 of Pub. L. 104-66, as amended, set out as a 
note under section 1113 of Title 31, Money and Finance, and page 135 of 
House Document No. 103-7.

                  Section Referred to in Other Sections

    This section is referred to in sections 104, 133, 154, 164, 409 of 
this title.
