Sec. 5314. Permitting use of highway trust fund for construction of certain noise barriers
467 words·~2 min read·
/bill/117/hr/7900/eh/section-5314·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 339(b) of the National Highway System Designation Act of 1995 ( 23 U.S.C. 109 note) is amended to read as follows: No funds made available out of the Highway Trust Fund may be used to construct a Type II noise barrier (as defined by section 772.5 of title 23, Code of Federal Regulations) pursuant to subsections
(h)and
(i)of section 109 of title 23, United States Code. Paragraph
(1)shall not apply to construction or preservation of a Type II noise barrier if such a barrier— was not part of a project approved by the Secretary before November 28, 1995; is proposed along lands that were developed or were under substantial construction before approval of the acquisition of the rights-of-ways for, or construction of, the existing highway; or as determined and applied by the Secretary, separates a highway or other noise corridor from a group of structures of which the majority of such structures closest to the highway or noise corridor— are residential in nature; and are at least 10 years old as of the date of the proposal of the barrier project. . Section 133 of title 23, United States Code, is amended— in subsection
(b)by adding at the end the following: Planning, design, preservation, or construction of a Type II noise barrier (as described in section 772.5 of title 23, Code of Federal Regulations) and consistent with the requirements of section 339(b) of the National Highway System Designation Act of 1995 ( 23 U.S.C. 109 note). ; and in subsection (c)(2) by striking and paragraph
(23)and inserting , paragraph (23), and paragraph
(25). The Secretary of Transportation shall ensure that a noise barrier constructed or preserved under section 339(b) of the National Highway System Designation Act of 1995 ( 23 U.S.C. 109 note) or with funds made available under title 23, United States Code, may be a multipurpose noise barrier. A State, on behalf of the Secretary, may approve accommodation of a secondary beneficial use on a noise barrier within a right-of-way on a Federal-aid highway. In this subsection: The term multipurpose noise barrier means any noise barrier that provides a secondary beneficial use, including a barrier that hosts or accommodates renewable energy generation facilities, electrical transmission and distribution infrastructure, or broadband infrastructure and conduit. The term secondary beneficial use means an environmental, economic, or social benefit in addition to highway noise mitigation. A project sponsor constructing or preserving a noise barrier under section 339(b) of the National Highway System Designation Act of 1995 ( 23 U.S.C. 109 note) or with funds made available under title 23, United States Code, shall consider the aesthetics of the proposed noise barrier, consistent with latest version of the Noise Barrier Design Handbook published by the Federal Highway Administration of the Department of Transportation.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 5314
Permitting use of highway trust fund for construction of certain noise barriers
Cites 1Cited by 0 across 0 sources