Sec. 109. Standards

(a) In General- The Secretary shall ensure that the plans and specifications for each proposed highway project under this chapter provide for a facility that will--

(1) adequately serve the existing and planned future traffic of the highway in a manner that is conducive to safety, durability, and economy of maintenance; [Struck out->][ and ][<-Struck out]

(2) be designed and constructed in accordance with criteria best suited to accomplish the objectives described in paragraph (1) and to conform to the particular needs of each locality [Struck out->][ . ][<-Struck out] ; and

(3) consider the preservation, historic, scenic, natural environmental, and community values.

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(c) Design Criteria for National Highway System-

(1) In general- A design for new construction, reconstruction, resurfacing (except for maintenance resurfacing), restoration, or rehabilitation of a highway on the National Highway System (other than a highway also on the Interstate System) may take into account, in addition to the criteria described in subsection (a)--

(A) the constructed and natural environment of the area;

(B) the environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity; and

(C) access for other modes of transportation.

(2) Development of criteria- The Secretary, in cooperation with State transportation departments, may develop criteria to implement paragraph (1). In developing criteria under this paragraph, the Secretary shall [Struck out->][ consider the results ][<-Struck out] consider--

(A) the results of the committee process of the American Association of State Highway and Transportation Officials as used in adopting and publishing `A Policy on Geometric Design of Highways and Streets', including comments submitted by interested parties as part of such process [Struck out->][ . ][<-Struck out] ;

(B) the publication entitled `Flexibility in Highway Design' of the Federal Highway Administration;

(C) `Eight Characteristics of Process to Yield Excellence and the Seven Qualities of Excellence in Transportation Design' developed by the conference held during 1998 entitled `Thinking Beyond the Pavement National Workshop on Integrating Highway Development with Communities and the Environment while Maintaining Safety and Performance'; and

(D) any other material that the Secretary determines to be appropriate.

(3) PUBLIC-PRIVATE PARTNERSHIPS PILOT PROGRAM-

(A) IN GENERAL- The Secretary may undertake a pilot program to demonstrate the advantages of public-private partnerships for critical capital development projects, including highway, bridge, and freight intermodal connector projects authorized under this title.

(B) PROJECTS- In carrying out the program, the Secretary shall--

(i) select not less than 10 qualified public-private partnership projects that are authorized under applicable State and local laws; and

(ii) use funds made available to carry out the program to provide to sponsors of the projects assistance for development phase activities described in section 181(1)(A), to enhance project delivery and reduce overall costs.

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(g) [Struck out->][ The Secretary shall issue within 30 days after the day of enactment of the Federal-Aid Highway Act of 1970 ][<-Struck out] Not later than January 30, 1971, the Secretary shall issue guidelines for minimizing possible soil erosion from highway construction. Such guidelines shall apply to all proposed projects with respect to which plans, specifications, and estimates are approved by the Secretary after the issuance of such guidelines.

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[Struck out->][ (p) Scenic and Historic Values- Notwithstanding subsections (b) and (c), the Secretary may approve a project for the National Highway System if the project is designed to-- ][<-Struck out]

[Struck out->][ (1) allow for the preservation of environmental, scenic, or historic values; ][<-Struck out]

[Struck out->][ (2) ensure safe use of the facility; and ][<-Struck out]

[Struck out->][ (3) comply with subsection (a). ][<-Struck out]

(p) CONTEXT SENSITIVE DESIGN-

(1) IN GENERAL- The Secretary shall encourage States to design projects funded under this title that--

(A) allow for the preservation of environmental, scenic, or historic values;

(B) ensure the safe use of the facility;

(C) provide for consideration of the context of the locality;

(D) encourage access for other modes of transportation; and

(E) comply with subsection (a).

(2) APPROVAL BY SECRETARY- Notwithstanding subsections (b) and (c), the Secretary may approve a project described in paragraph (1) for the National Highway System if the project is designed to achieve the criteria specified in that paragraph.

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