Page:United States Statutes at Large Volume 119.djvu/1188

 119 STAT. 1170

PUBLIC LAW 109–59—AUG. 10, 2005 (e)

Contracts. 23 USC 206 note.

PLANNING AND ENVIRONMENTAL ASSESSMENT COSTS INCURRED PRIOR TO PROJECT APPROVAL.—Section 206(h)(1) of such title is amended by adding at the end the following: ‘‘(C) PLANNING AND ENVIRONMENTAL ASSESSMENT COSTS INCURRED PRIOR TO PROJECT APPROVAL.—The Secretary may allow preapproval planning and environmental compliance costs to be credited toward the non-Federal share of the cost of a project described in subsection (d)(2) (other than subparagraph (H)) in accordance with subsection (f), limited to costs incurred less than 18 months prior to project approval.’’. (f) ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS.—The Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps to perform construction and maintenance of recreational trails under section 206 of title 23, United States Code. SEC. 1110. TEMPORARY TRAFFIC CONTROL DEVICES.

(a) STANDARDS.—Section 109(e) of title 23, United States Code, is amended— (1) by striking ‘‘(e) No funds’’ and inserting the following: ‘‘(e) INSTALLATION OF SAFETY DEVICES.— ‘‘(1) HIGHWAY AND RAILROAD GRADE CROSSINGS AND DRAWBRIDGES.—No funds’’; and (2) by adding at the end the following: ‘‘(2) TEMPORARY TRAFFIC CONTROL DEVICES.—No funds shall be approved for expenditure on any Federal-aid highway, or highway affected under chapter 2, unless proper temporary traffic control devices to improve safety in work zones will be installed and maintained during construction, utility, and maintenance operations on that portion of the highway with respect to which such expenditures are to be made. Installation and maintenance of the devices shall be in accordance with the Manual on Uniform Traffic Control Devices.’’. (b) LETTING OF CONTRACTS.—Section 112 of such title is amended— (1) by striking subsection (f); (2) by redesignating subsection (g) as subsection (f); and (3) by adding at the end the following: ‘‘(g) TEMPORARY TRAFFIC CONTROL DEVICES.— ‘‘(1) ISSUANCE OF REGULATIONS.—The Secretary, after consultation with appropriate Federal and State officials, shall issue regulations establishing the conditions for the appropriate use of, and expenditure of funds for, uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations. ‘‘(2) EFFECTS OF REGULATIONS.—Based on regulations issued under paragraph (1), a State shall— ‘‘(A) develop separate pay items for the use of uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations; and

VerDate 14-DEC-2004

13:51 Oct 26, 2006

Jkt 039194

PO 00002

Frm 00027

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.119

APPS06

PsN: PUBL002

�