Page:United States Statutes at Large Volume 90 Part 1.djvu/486

 90 STAT. 436

PUBLIC LAW 94-280—MAY 5, 1976 CONSTRUCTION

ESTIMATES

SEC. 114. Section 106(c) of title 23, United States Code, is amended to read as follows: "(c) Items included in any such estimate for construction engineerintr shall not exceed 10 per centum 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. However, this limitation shall be 15 per centum in any State with respect to which the Secretary finds such higher limitation to be necessary.". .

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ADVANCE ACQUISITION OF

RIGHTS-OF-WAY

SEC. 115. (a) Paragraph (2) of subsection (c) of section 108 of title 23, United States Code, is amended by striking out "made pursuant to section 133 or chapter 5 of this title". (b) Section 108(a) of title 23, United States Code, is amended by inserting after "request is made" the words "unless a longer period is determined to be reasonable by the Secretary" in the last sentence. (c) Section 108(c)(3) of title 23, United States Code, is amended by inserting "or later" following "earlier" in the first sentence. CERTIFICATION ACCEPTANCE

SEC. 116. (a) Subsection (a) of section 117 of title 23, United States Code, is amended by striking out "establishing requirements at least equivalent to those contained in, or issued pursuant to, this title." and inserting in lieu thereof "which will accomplish the policies and objectives contained in or issued pursuant to this title.". (b) Section 117 of title 23 of the United States Code is amended by adding at the end thereof the following new subsection: "(f)(1) In the case of the Federal-aid secondary system, in lieu of discharging his responsibilities in accordance with subsections (a) through (d) of this section, the Secretary may, upon the request of any State highway department, discharge his responsibility relative to the plans, specifications, estimates, surveys, contract awards, design, inspection, and construction of all projects on the Federal-aid secondary system by his receiving and approving a certified statement by the State highway department setting forth that the plans, design, and construction for each such project are in accord with those standards and procedures which (A) were adopted by such State highway department, (B) were applicable to projects m this category, and (C) were approved by him. "(2) The Secretary shall not approve such standards and procedures unless they are in accordance with the provisions of subsection (b) of section 105, subsection (b) of section 106, and subsection (c) 23 USC 105,106, of section 109, of this title. 109. "(3) Paragraphs (1) and (2) of this subsection shall not be construed to relieve the Secretary of his obligation to make a final inspection of each project after construction and to require an adequate ,,. showing of the estimated cost of construction and the actual cost of construction.". AVAILABILITY

SEC. 117. (a) Subsection (b) of section 118 of title 23, United States Code, is amended to read as follows: " (b) Sums apportioned to each Federal-aid system (other than the Interstate System) shall continue available for expenditure in that

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