§148. Highway safety improvement program — Inbound Citations
23 U.S.C. § 148
Cited by 19 provisions in release 119-102.
Citations to 23 U.S.C. § 148 as a whole
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(2) On October 1 of fiscal year 2022 and each fiscal year thereafter, the Secretary shall apportion the sums authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134 in accordance with paragraph (1).
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(h) In this section, the term “base apportionment” means the combined amount authorized for appropriation for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134.
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(A) Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, for the elimination of hazards, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.
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(i) funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project—(I) is an eligible project described in section 148(e)(1); and(II) is consistent with the State strategic highway safety plan (as defined in section 148(a));
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(4) For the purpose of carrying out section 148, the Secretary shall establish measures for States to use to assess—(A) serious injuries and fatalities per vehicle mile traveled; and(B) the number of serious injuries and fatalities.
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(ii) at least 25 percent shall be available only for purposes eligible under section 148; and
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Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data.
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(vi) A project eligible under section 148 of title 23.
Citations to §148(a)
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(30) The term “State strategic highway safety plan” has the same meaning given such term in section 148(a).
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(C) activities in furtherance of a vulnerable road user safety assessment (as defined in section 148(a)).
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(II) is consistent with the State strategic highway safety plan (as defined in section 148(a));
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(E) a highway safety improvement project, including a project to improve a high risk rural road (as those terms are defined in section 148(a));
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(I) a preventive maintenance, preservation, or highway safety improvement project (as defined in section 148(a)); or
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(v) ensuring that the State will coordinate its highway safety plan, data collection, and information systems with the State strategic highway safety plan (as defined in section 148(a)); and
Citations to §148(a)(4)
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(1) Before making any distribution under subsection (b), the Secretary shall set aside not more than 4 percent of the funds made available under the tribal transportation program for each fiscal year to be allocated based on an identification and analysis of highway safety issues and opportunities on tribal land, as determined by the Secretary, on application of the Indian tribal governments for eligible projects described in section 148(a)(4).
Citations to §148(a)(4)(B)(xvii)
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(3) Environmental measures eligible under sections 119(g), 148(a)(4)(B)(xvii), 328, and 329 and transportation control measures listed in section 108(f)(1)(A) (other than clause (xvi) of that section) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
Citations to §148(c)
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(K) ensures that the lead State commercial motor vehicle safety agency will coordinate the plan, data collection, and information systems with the State highway safety improvement program required under section 148(c) of title 23;
Citations to §148(e)(1)
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(I) is an eligible project described in section 148(e)(1); and