PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 1945 surface transportation program and of amounts transferred under subsections (b) and (c) to such apportionment: (1) Subsection (d)(D. (2) Subsection (d)(2). ,. (3) Subsection (d)(3). (e) AUTHORIZATION OF APPROPRIATIONS. —There are authorized to be appropriated, out of the Highway Trust Fund (other than the Mass Transit Account), to carry out this section such sums as may be necessary for each of fiscal years 1992 through 1997. SEC. 1016. PROGRAM EFFICIENCIES. (a) HOV PASSENGER REQUIREMENTS; ENGINEERING COST RE- IMBURSEMENT. —Section 102 of title 23, United States Code, is amended to read as follows: "§ 102. Program efficiencies "(a) HOV PASSENGER REQUIREMENTS. — A State highway department shall establish the occupancy requirements of vehicles operating in high occupancy vehicle lanes; except that no fewer than 2 occupants per vehicle may be required and, subject to section 163 of the Surface Transportation Assistance Act of 1982, motorcycles and bicycles shall not be considered single occupant vehicles. "(b) ENGINEERING COST REIMBURSEMENT.— If on-site construction of, or acquisition of right-of-way for, a highway project is not commenced within 10 years after the date on which Federal funds are first made available, out of the Highway Trust Fund (other than Mass Transit Account), for preliminary engineering of such project, the State shall pay an amount equal to the amount of Federal funds made available for such engineering. The Secretary shall deposit in such Fund all amounts paid to the Secretary under this section.". (b) PROJECT APPROVAL.— Section 106 of such title is amended— (1) in subsection (a) by inserting "this section and" before "section 117"; and (2) by striking subsection (b) and inserting the following new subsection: "(b) SPECIAL RULES.— "(1) 3R PROJECTS ON NHS. — Notwithstanding any other provision of this title, a State highway department may approve, on a project by project basis, plans, specifications, and estimates for projects to resurface, restore, and rehabilitate highways on the National Highway System if the State certifies that all work will meet or exceed the standards approved by the Secretary under section 109(c). "(2) NoN-NHS PROJECTS AND LOW-COST NHS PROJECTS. — Any State may request that the Secretary no longer review and approve plans, specifications, and estimates for any project (including any highway project on the National Highway System with an estimated construction cost of less than $1,000,000 but excluding any other highway project on the National Highway System). After receiving any such notification, the Secretary shall undertake project review only as requested by the State. " (3) SAFETY CONSIDERATIONS. —Safety considerations for projects subject to this subsection may be met by phase construction consistent with an operative safety management system established in accordance with section 303.".
�
