23 USC 144 – National bridge and tunnel inventory and inspection standards
(a)
(1)
(A) the condition of the bridges of the United States has improved since the date of enactment of the Transportation Equity Act for the 21st Century (Public Law 105-178; 112 Stat. 107), yet continued improvement to bridge conditions is essential to protect the safety of the traveling public and allow for the efficient movement of people and goods on which the economy of the United States relies; and
(B) the systematic preventative maintenance of bridges, and replacement and rehabilitation of deficient bridges, should be undertaken through an overall asset management approach to transportation investment.
(2)
(A) to inventory, inspect, and improve the condition of the highway bridges and tunnels of the United States;
(B) to use a data-driven, risk-based approach and cost-effective strategy for systematic preventative maintenance, replacement, and rehabilitation of highway bridges and tunnels to ensure safety, resilience, and extended service life;
(C) to use performance-based bridge management systems to assist States in making timely investments;
(D) to ensure accountability and link performance outcomes to investment decisions;
(E) to ensure connectivity and access for residents of rural areas of the United States through strategic investments in National Highway System bridges and bridges on all public roads; and
(F) to ensure adequate passage of aquatic and terrestrial species, where appropriate.
Terms Used In 23 USC 144
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- vehicle: includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. See 1 USC 4
(b)
(1) inventory all highway bridges on public roads, on and off Federal-aid highways, including tribally owned and Federally owned bridges, that are bridges over waterways, other topographical barriers, other highways, and railroads;
(2) inventory all tunnels on public roads, on and off Federal-aid highways, including tribally owned and Federally owned tunnels;
(3) classify the bridges according to serviceability, safety, and essentiality for public use, including the potential impacts to emergency evacuation routes and to regional and national freight and passenger mobility if the serviceability of the bridge is restricted or diminished;
(4) based on that classification, assign each a risk-based priority for systematic preventative maintenance, replacement, or rehabilitation;
(5) determine the cost of replacing each bridge classified as in poor condition identified under this subsection with a comparable facility or the cost of rehabilitating the bridge; and
(6) determine if the replacement or rehabilitation of bridges and tunnels should include measures to enable safe and unimpeded movement for terrestrial and aquatic species.
(c)
(1)
(2)
(A) are not used and are not susceptible to use in the natural condition of the water or by reasonable improvement as a means to transport interstate or foreign commerce; and
(B) are—
(i) not tidal; or
(ii) if tidal, used only by recreational boating, fishing, and other small vessels that are less than 21 feet in length.
(d)
(1)
(A) annually revise the inventories authorized by subsection (b); and
(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the inventories.
(2)
(3)
(4)
(A) conduct a study on the benefits, cost-effectiveness, and feasibility of requiring element-level data collection for bridges not on the National Highway System; and
(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study.
(e)
(1)
(2)
(3)
(f)
(1)
(A) any low water crossing (regardless of the length of the low water crossing);
(B) any bridge that was destroyed prior to January 1, 1965;
(C) any ferry that was in existence on January 1, 1984; or
(D) any road bridge that is rendered obsolete as a result of a Corps of Engineers flood control or channelization project and is not rebuilt with funds from the Corps of Engineers.
(2)
(g)
(1)
(2)
(3)
(4)
(A)
(B)
(5)
(A) to maintain the bridge and the features that give the historic bridge its historic significance; and
(B) to assume all future legal and financial responsibility for the historic bridge, which may include an agreement to hold the State transportation department harmless in any liability action.
(6)
(A)
(B)
(h)
(1)
(A)
(B)
(2)
(A) specify, in detail, the method by which the inspections shall be carried out by the States, Federal agencies, and tribal governments;
(B) establish the maximum time period between inspections;
(C) establish the qualifications for those charged with carrying out the inspections;
(D) require each State, Federal agency, and tribal government to maintain and make available to the Secretary on request—
(i) written reports on the results of highway bridge and tunnel inspections and notations of any action taken pursuant to the findings of the inspections; and
(ii) current inventory data for all highway bridges and tunnels reflecting the findings of the most recent highway bridge and tunnel inspections conducted; and
(E) establish a procedure for national certification of highway bridge inspectors and tunnel inspectors.
(3)
(A) establish, in consultation with the States, Federal agencies, and interested and knowledgeable private organizations and individuals, procedures to conduct reviews of State compliance with—
(i) the standards established under this subsection; and
(ii) the calculation or reevaluation of bridge load ratings; and
(B) establish, in consultation with the States, Federal agencies, and interested and knowledgeable private organizations and individuals, procedures for States to follow in reporting to the Secretary—
(i) critical findings relating to structural or safety-related deficiencies of highway bridges and tunnels; and
(ii) monitoring activities and corrective actions taken in response to a critical finding described in clause (i).
(4)
(A)
(B)
(i) issue a report detailing the issues of the noncompliance by December 31 of the calendar year in which the review was made; and
(ii) provide the State an opportunity to address the noncompliance by—
(I) developing a corrective action plan to remedy the noncompliance; or
(II) resolving the issues of noncompliance not later than 45 days after the date of notification.
(5)
(A)
(B)
(i) be determined by the State based on an analysis of the actions needed to address the noncompliance; and
(ii) require approval by the Secretary.
(6)
(A) the methodology, training, and qualifications for inspectors; and
(B) the frequency of inspection.
(7)
(i)
(1)
(2)
(3)
(j)
(1)
(2)
(3)
(A) eligible projects under section 119 or 133;
(B) included as a bundled project in a transportation improvement program under section 134(j) or a statewide transportation improvement program under section 135, as applicable; and
(C) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and an eligible entity.
(4)
(A) 1 project for purposes of sections 134 and 135; and
(B) a single project.
(5)
(A) the same funding category or subcategory; and
(B) the same Federal share.
(k)
(1) the Secretary may use funds made available to the Secretary under sections 104(a) and 503;
(2) a State may use amounts apportioned to the State under section 104(b)(1) and 104(b)(2);
(3) an Indian tribe may use funds made available to the Indian tribe under section 202; and
(4) a Federal agency may use funds made available to the agency under section 503.