Volume 75 · 215
Public Law 87–96
Providing for the apportionment to the Commonwealth of Massachusetts of its share of funds authorized for the National System of Interstate and Defense Highways for the fiscal year ending June 30, 1963.
Approved July 20, 1961
Statutory text
JOINT RESOLUTION
Providing for the apportionment to the Commonwealth of Massachusetts of its share of funds authorized for the National System of Interstate and Defense Highways for the fiscal year ending June 30, 1963.
Whereas the Commonwealth of Massachusetts by Act of its Legislature, approved May 25, 1961, (Chapter 523, Massachusetts Acts of 1961) has amended its laws relative to the gross weight load of certain motor vehicles operated on the highways of the Commonwealth including routes on the Interstate System; and
Whereas such amendment, the effect of which would increase the maximum load permitted to be carried on the axles of such vehicles substantially above that legally permitted by State law on July 1, 1956, was enacted and approved without full knowledge of the conflict of such amendment with the provisions of section 127 of title 23, United States Code; and
Whereas section 127 of title 23, United States Code, provides that no funds authorized to be appropriated for the Interstate System for any fiscal year shall be apportioned to any State within the boundaries of which the Interstate System may lawfully be used by vehicles in excess of certain specified weights and dimensions, unless such vehicles could be so lawfully operated within such State on July 1, 1956, and that any funds withheld under these provisions shall lapse; and
Whereas the amendment to the Massachusetts laws approved May 25, 1961, has the effect of exceeding the maximum weight limitations of section 127 of title 23, United States Code; and
Whereas the withholding from apportionment and consequent lapsing of funds for the Interstate System for the fiscal year 1963 would cause undue hardship to the Commonwealth of Massachusetts, and inasmuch as its legislature, having adjourned, does not have reasonable opportunity to enact corrective legislation in sufficient time to prevent such lapse of funds since the apportionment for the fiscal year 1963 is expected to be made by the Secretary of Commerce in the near future: Therefore be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That notwithstanding section
Massachusetts.
Share of highway funds.
127 of title 23 of the United States Code, the Secretary of Commerce shall apportion to the Commonwealth of Massachusetts its share of funds authorized to be appropriated for the National System of Interstate and Defense Highways for the fiscal year ending June 30, 1963. Such apportionment shall be made in accordance with section 104(b)(5) of title 23 of the United States Code and shall be
subject to the condition that the funds so apportioned shall not be obligated or otherwise expended by such Commonwealth so long as the vehicle weight and width limitations established by the law of such Commonwealth exceed such limitations contained in section 127 of title 23 of the United States Code. If on March 15, 1962, the vehicle weight and width limitations established by the law of such Commonwealth exceed such limitations contained in section 127 of title 23 of the United States Code, then funds apportioned to such Commonwealth under this joint resolution shall lapse.
Approved July 20, 1961.