(a)
(1)
(2)
(3)
(4)
(b)
(1)
(2)
(c)
(1)
(2)
(3)
(4)
(A)
(B)
(d)
(1) section 113 or 114; or
(2) any Federal law other than this title (including section 5333 of title 49).
(e)
(1)
(A)
(i) providing the needed functions safely, reliably, and at the lowest overall lifecycle cost;
(ii) improving the value and quality of the project; and
(iii) reducing the time to complete the project.
(B)
(i) combining or eliminating otherwise inefficient use of costly parts of the original proposed design for the project; and
(ii) completely redesigning the project using different technologies, materials, or methods so as to accomplish the original purpose of the project.
(2)
(A) each project on the National Highway System receiving Federal assistance with an estimated total cost of $50,000,000 or more;
(B) a bridge project on the National Highway System receiving Federal assistance with an estimated total cost of $40,000,000 or more; and
(C) any other project the Secretary determines to be appropriate.
(3)
(4)
(A)
(i) establishes and documents value engineering program policies and procedures;
(ii) ensures that the required value engineering analysis is conducted before completing the final design of a project;
(iii) ensures that the value engineering analysis that is conducted, and the recommendations developed and implemented for each project, are documented in a final value engineering report; and
(iv) monitors, evaluates, and annually submits to the Secretary a report that describes the results of the value analyses that are conducted and the recommendations implemented for each of the projects described in paragraph (2) that are completed in the State.
(B)
(i) include bridge superstructure and substructure requirements based on construction material; and
(ii) be evaluated by the State—
(I) on engineering and economic bases, taking into consideration acceptable designs for bridges; and
(II) using an analysis of lifecycle costs and duration of project construction.
(5)
(f)
(1)
(2)
(g)
(1)
(A)
(B)
(2)
(A)
(B)
(3)
(4)
(A)
(i) adequate project delivery systems for projects approved under this section; and
(ii) sufficient accounting controls to properly manage such Federal funds.
(B)
(5)
(A)
(B)
(h)
(1)
(A) a project management plan; and
(B) an annual financial plan, including a phasing plan when applicable.
(2)
(A) the procedures and processes that are in effect to provide timely information to the project decisionmakers to effectively manage the scope, costs, schedules, and quality of, and the Federal requirements applicable to, the project; and
(B) the role of the agency leadership and management team in the delivery of the project.
(3)
(A) shall be based on detailed estimates of the cost to complete the project;
(B) shall provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project;
(C) may include a phasing plan that identifies fundable incremental improvements or phases that will address the purpose and the need of the project in the short term in the event there are insufficient financial resources to complete the entire project. If a phasing plan is adopted for a project pursuant to this section, the project shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135; and
(D) shall assess the appropriateness of a public-private partnership to deliver the project.
(i)
(j)
(1)
(A) accelerate and improve the environmental review process;
(B) increase effective public participation;
(C) enhance the detail and accuracy of project designs;
(D) increase safety;
(E) accelerate construction, and reduce construction costs; or
(F) otherwise expedite project delivery with respect to transportation projects that receive Federal funding.
(2)
(3)
(A) compile information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies;
(B) disseminate to States information relating to advanced modeling technologies, including industry best practices with respect to the use of the technologies; and
(C) promote the use of advanced modeling technologies.
(4)
Editorial Notes
References in Text
Executive Order No. 12893, referred to in subsec. (f)(1), is set out as a note under section 501 of Title 31, Money and Finance.
Amendments
2015—Subsec. (b)(1). Pub. L. 114–94 inserted "(including payments made pursuant to a long-term concession agreement, such as availability payments)" after "construction of the project".
2012—Subsec. (a)(2). Pub. L. 112–141, §1503(a)(1), inserted "recipient" before "formalizing".
Subsec. (c)(1). Pub. L. 112–141, §1503(a)(2)(A)(ii), (iii), substituted ", including projects on the Interstate System" for "but not on the Interstate System" and "with respect to the projects unless the Secretary determines that the assumption is not appropriate." for "of projects unless the State or the Secretary determines that such assumption is not appropriate."
Pub. L. 112–141, §1503(a)(2)(A)(i), struck out "
Subsec. (c)(4). Pub. L. 112–141, §1503(a)(2)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "The Secretary may not assume any greater responsibility than the Secretary is permitted under this title on September 30, 1997, except upon agreement by the Secretary and the State."
Subsec. (e)(1)(A). Pub. L. 112–141, §1503(a)(3)(A)(i), substituted "planning" for "concept" and "multidisciplinary" for "multidisciplined" in introductory provisions.
Subsec. (e)(1)(A)(i). Pub. L. 112–141, §1503(a)(3)(A)(ii), added cl. (i) and struck out former cl. (i) which read as follows: "providing the needed functions safely, reliably, and at the lowest overall cost;".
Subsec. (e)(2). Pub. L. 112–141, §1503(a)(3)(B)(i), struck out "or other cost-reduction analysis" after "engineering analysis" in introductory provisions.
Subsec. (e)(2)(A). Pub. L. 112–141, §1503(a)(3)(B)(ii), substituted "National Highway System receiving Federal assistance" for "Federal-aid system" and "$50,000,000" for "$25,000,000".
Subsec. (e)(2)(B). Pub. L. 112–141, §1503(a)(3)(B)(iii), inserted "on the National Highway System receiving Federal assistance" after "a bridge project" and substituted "$40,000,000" for "$20,000,000".
Subsec. (e)(4), (5). Pub. L. 112–141, §1503(a)(3)(C), added pars. (4) and (5) and struck out former par. (4). Prior to amendment, text read as follows: "Analyses described in paragraph (1) for a bridge project shall—
"(A) include bridge substructure requirements based on construction material; and
"(B) be evaluated—
"(i) on engineering and economic bases, taking into consideration acceptable designs for bridges; and
"(ii) using an analysis of life-cycle costs and duration of project construction."
Subsec. (h)(1)(B). Pub. L. 112–141, §1503(a)(4)(A), inserted ", including a phasing plan when applicable" after "financial plan".
Subsec. (h)(3). Pub. L. 112–141, §1503(a)(4)(B), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "A financial plan shall—
"(A) be based on detailed estimates of the cost to complete the project; and
"(B) provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project."
Subsec. (j). Pub. L. 112–141, §1503(a)(5), added subsec. (j).
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)
"(1)
"(2)
Pub. L. 105–178, §1305(a)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 105–178, §1305(a)(2), redesignated subsec. (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 117".
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.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
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 of Pub. L. 102–240, set out as a note under section 104 of this title.
Assumption of Authorities
Pub. L. 114–94, div. A, title I, §1316, Dec. 4, 2015, 129 Stat. 1403, provided that:
"(a)
"(b)
Consolidation of Grants
Pub. L. 112–141, div. A, title I, §1527, July 6, 2012, 126 Stat. 581, provided that:
"(a)
"(1) a State, local, or tribal government, including—
"(A) a territory of the United States;
"(B) a transit agency;
"(C) a port authority;
"(D) a metropolitan planning organization; or
"(E) any other political subdivision of a State or local government;
"(2) a multistate or multijurisdictional group, if each member of the group is an entity described in paragraph (1); and
"(3) a public-private partnership, if both parties are engaged in building the project.
"(b)
"(1)
"(2)
"(3)
"(A)
"(B)
"(i)
"(ii)
"(c)
"(1)
"(A) be responsible for leading and coordinating the integrated project management team, which shall consist of all of the other modal administrations in the Department [of Transportation] relating to the multimodal project; and
"(B) to the extent feasible during the first 30 days of carrying out the multimodal project, identify overlapping or duplicative regulatory requirements that exist for the project and propose a single, streamlined approach to meeting all of the applicable regulatory requirements through the activities described in subsection (d).
"(2)
"(A)
"(B)
"(i)
"(ii)
"(d)
"(1)
"(2)
"(A) to avoid delays and duplication of effort later in the process;
"(B) to prevent potential conflicts; and
"(C) to ensure that planning and project development decisions are made in a streamlined manner and consistent with applicable law.
"(e)
"(1) supersede, amend, or modify the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental law; or
"(2) affect the responsibility of any Federal officer to comply with or enforce any law described in paragraph (1)."
Study of Value Engineering
Pub. L. 102–240, title I, §1091, Dec. 18, 1991, 105 Stat. 2024, required the Secretary to study the effectiveness and benefits of value engineering review programs applied to Federal-aid highway projects and to report to Congress, no later than 1 year after Dec. 18, 1991, on the results of the study, 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 106 of this title for purpose of effectuating amendment made by this section (amending section 109(b) 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.