PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1173
‘‘(1) BRIDGE REPLACEMENT AND REHABILITATION.—On application by a State or States to the Secretary for assistance for a highway bridge that has been determined to be eligible for replacement or rehabilitation under subsection (b) or (c), the Secretary may approve Federal participation in— ‘‘(A) replacing the bridge with a comparable facility; or ‘‘(B) rehabilitating the bridge. ‘‘(2) TYPES OF ASSISTANCE.—On application by a State or States to the Secretary, the Secretary may approve Federal assistance for any of the following activities for a highway bridge that has been determined to be eligible for replacement or rehabilitation under subsection (b) or (c): ‘‘(A) Painting. ‘‘(B) Seismic retrofit. ‘‘(C) Systematic preventive maintenance. ‘‘(D) Installation of scour countermeasures. ‘‘(E) Application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions. ‘‘(3) BASIS FOR DETERMINATION.—The Secretary shall determine the eligibility of highway bridges for replacement or rehabilitation for each State based on structurally deficient and functionally obsolete highway bridges in the State. ‘‘(4) SPECIAL RULE FOR PREVENTIVE MAINTENANCE.—Notwithstanding any other provision of this subsection, a State may carry out a project under paragraph (2)(B), (2)(C), or (2)(D) for a highway bridge without regard to whether the bridge is eligible for replacement or rehabilitation under this section.’’. (c) APPORTIONMENT OF FUNDS.—Section 144(e) of such title is amended— (1) in the third sentence by striking ‘‘square footage’’ and inserting ‘‘deck area’’; (2) in the fourth sentence by striking ‘‘the total cost of deficient bridges in a State and in all States shall be reduced by the total cost of any highway bridges constructed under subsection (m) in such State, relating to replacement of destroyed bridges and ferryboat services, and,’’; and (3) in the seventh sentence by striking ‘‘for the same period as funds apportioned for projects on the Federal-aid primary system under this title’’ and inserting ‘‘for the period specified in section 118(b)(2)’’. (d) OFF-SYSTEM BRIDGES.—Section 144(g)(3) of such title is amended to read as follows: ‘‘(3) OFF-SYSTEM BRIDGES.— ‘‘(A) IN GENERAL.—Not less than 15 percent of the amount apportioned to each State in each of fiscal years 2005 through 2009 shall be expended for projects to replace, rehabilitate, paint, perform systematic preventive maintenance or seismic retrofit of, or apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions to, or install scour countermeasures to, highway bridges located on public roads, other than those on a
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