23 U.S.C. § 123 Relocation of Utility Facilities

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 23 U.S.C. § 123

(a) DEFINITIONS.-In this section:

(1) COST OF RELOCATION.-The term "cost of relocation" includes the entire amount paid by a utility properly attributable to the relocation of a utility facility, minus any increase in the value of the new facility and any salvage value derived from the old facility.

(2) EARLY UTILITY RELOCATION PROJECT.-The term "early utility relocation project" means utility relocation activities identified by the State for performance before completion of the environmental review process for the transportation project.

(3) ENVIRONMENTAL REVIEW PROCESS.-The term "environmental review process" has the meaning given the term in section 139(a).

(4) TRANSPORTATION PROJECT.-The term "transportation project" means a project.

(5) UTILITY FACILITY.-The term "utility facility" means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public.

(6) UTILITY RELOCATION ACTIVITY.-The term "utility relocation activity" means an activity necessary for the relocation of a utility facility, including preliminary and final design, surveys, real property acquisition, materials acquisition, and construction.

(b) REIMBURSEMENT TO STATES.-

(1) IN GENERAL.-If a State pays for the cost of relocation of a utility facility necessitated by the construction of a transportation project, Federal funds may be used to reimburse the State for the cost of relocation in the same proportion as Federal funds are expended on the transportation project.

(2) LIMITATION.-Federal funds shall not be used to reimburse a State under this section if the payment to the utility-

(A) violates the law of the State; or

(B) violates a legal contract between the utility and the State.

(3) REQUIREMENT.-A reimbursement under paragraph (1) shall be made only if the State demonstrates to the satisfaction of the Secretary that the State paid the cost of the utility relocation activity from funds of the State with respect to transportation projects for which Federal funds are obligated subsequent to April 16, 1958, for work, including utility relocation activities.

(4) REIMBURSEMENT ELIGIBILITY FOR EARLY RELOCATION PRIOR TO TRANSPORTATION PROJECT ENVIRONMENTAL REVIEW PROCESS.-