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Highways for LIFE

ArrowSections 1101 and 1502 of SAFETEA-LU

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Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users

Public Law 109-59
109th Congress

An Act

To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.


SEC. 1101. Authorization Of Appropriations.

  1. In General. - The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
    1. Highways for LIFE. - For the Highways for LIFE Program under section 1502 of this Act -
      1. $15,000,000 for fiscal year 2006; and
      2. $20,000,000 for each of fiscal years 2007 through 2009.


SEC. 1502. Highways for LIFE Pilot Program.

  1. Establishment. -
    1. In general. - The Secretary shall establish and implement a pilot program to be known as the "Highways for LIFE Pilot Program".
    2. Purpose. - The purpose of the pilot program shall be to advance longer-lasting highways using innovative technologies and practices to accomplish the fast construction of efficient and safe highways and bridges.
    3. Objectives. - Under the pilot program, the Secretary shall provide leadership and incentives to demonstrate and promote state-of-the-art technologies, elevated performance standards, and new business practices in the highway construction process that result in improved safety, faster construction, reduced congestion from construction, and improved quality and user satisfaction.
  2. Projects. -
    1. Applications. - To be eligible to participate in the pilot program, a State shall submit to the Secretary an application that is in such form and contains such information as the Secretary requires. Each application shall contain a description of proposed projects to be carried by the State under the pilot program.
    2. Eligibility. - A proposed project shall be eligible for assistance under the pilot program if the project -
      1. constructs, reconstructs, or rehabilitates a route or connection on a Federal-aid highway eligible for assistance under chapter 1 of title 23, United States Code;
      2. uses innovative technologies, manufacturing processes, financing, or contracting methods that improve safety, reduce congestion due to construction, and improve quality; and
      3. meets additional criteria as determined by the Secretary.
    3. Project proposal. - A project proposal submitted under paragraph (1) shall contain -
      1. an identification and description of the projects to be delivered;
      2. a description of how the projects will result in improved safety, faster construction, reduced congestion due to construction, user satisfaction, and improved quality;
      3. a description of the innovative technologies, manufacturing processes, financing, and contracting methods that will be used for the proposed projects; and
      4. such other information as the Secretary may require.
    4. Selection criteria. - In selecting projects for approval under this section, the Secretary shall ensure that the projects provide an evaluation of a broad range of technologies in a wide variety of project types and shall give priority to the projects that -
      1. address achieving the Highways for LIFE performance standards for quality, safety, and speed of construction;
      2. deliver and deploy innovative technologies, manufacturing processes, financing, contracting practices, and performance measures that will demonstrate substantial improvements in safety, congestion, quality, and cost-effectiveness;
      3. include innovation that will lead to change in the administration of the State's transportation program to more quickly construct long-lasting, high-quality, cost-effective projects that improve safety and reduce congestion;
      4. are or will be ready for construction within 1 year of approval of the project proposal; and
      5. meet such other criteria as the Secretary determines appropriate.
    5. Financial assistance. -
      1. Funds for Highways for LIFE projects. - Out of amounts made available to carry out this section for a fiscal year, the Secretary may allocate to a State up to 20 percent, but not more than $5,000,000, of the total cost of a project approved under this section. Notwithstanding any other provision of law, funds allocated to a State under this subparagraph may be applied to the non-Federal share of the cost of construction of a project under title 23, United States Code.
      2. Use of apportioned funds. - A State may obligate not more than 10 percent of the amount apportioned to the State under one or more of paragraphs (1), (2), (3), and (4) of section 104(b) of title 23, United States Code, for a fiscal year for projects approved under this section.
      3. Increased federal share. - Notwithstanding sections 120 and 129 of title 23, United States Code, the Federal share payable on account of any project constructed with Federal funds allocated under this section, or apportioned under section 104(b) of such title, to a State under such title and approved under this section may amount to 100 percent of the cost of construction of such project.
      4. Limitation on statutory construction. - Except as provided in subparagraph (C), nothing in this subsection shall be construed as altering or otherwise affecting the applicability of the requirements of chapter 1 of title 23, United States Code (including requirements relating to the eligibility of a project for assistance under the program and the location of the project), to amounts apportioned to a State for a program under section 104(b) that are obligated by the State for projects approved under this subsection.
    6. Project selections. - In the period of fiscal years 2005 through 2009, the Secretary, to the maximum extent possible, shall approve at least 1 project in each State for participation in the pilot program and for financial assistance under paragraph (5) if the State submits an application and the project meets the eligibility requirements and selection criteria under this subsection.
    7. Maximum number of projects. - The maximum number of projects for which the Secretary may allocate funds under this subsection in a fiscal year is 15.
  3. Technology Partnerships. -
    1. In general. - The Secretary may make grants or enter into cooperative agreements or other transactions to foster the development, improvement, and creation of innovative technologies and facilities to improve safety, enhance the speed of highway construction, and improve the quality and durability of highways.
    2. Federal share. - The Federal share of the cost of an activity carried out under this subsection shall not exceed 80 percent.
  4. Technology Transfer and Information Dissemination. -
    1. In general. - The Secretary shall conduct a Highways for LIFE technology transfer program.
    2. Availability of information. - The Secretary shall ensure that the information and technology used, developed, or deployed under this subsection is made available to the transportation community and the public.
  5. Stakeholder Input and Involvement. - The Secretary shall establish a process for stakeholder input and involvement in the development, implementation, and evaluation of the Highways for LIFE Pilot Program. The process may include participation by representatives of State departments of transportation and other interested persons.
  6. Project Monitoring and Evaluation. - The Secretary shall monitor and evaluate the effectiveness of any activity carried out under this section.
  7. Contract Authority. - Except as otherwise provided in this section, funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.
  8. State Defined. - In this section, the term "State" has the meaning such term has in section 101(a) of title 23, United States Code.

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Mary Huie
Center for Accelerating Innovation

Updated: 04/04/2011

United States Department of Transportation - Federal Highway Administration