§ 103. National Highway System

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–767 · 72 Stat. 885

   Enacted · 23 U.S.C. § 103

   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 887

   Source evidence

   Code source credit
   Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 887

2. 1959

   Alaska Omnibus Act

   Pub. L. 86–70 § 21(d)(1) · 73 Stat. 141

   Repealed · 23 U.S.C. § 103(f)

   Pub. L. 86–70 repealed subsec. (f) which related to determination of roads in the Territory of Alaska on which Federal-aid funds could be expended

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 86–70 repealed subsec. (f) which related to determination of roads in the Territory of Alaska on which Federal-aid funds could be expended.

   Enacted provision · exact public law section
   (1) Title 23, United States Code, section 103(f); 72 Stat. 889.

3. 1960

   Hawaii Omnibus Act

   Pub. L. 86–624 § 17(c) · 74 Stat. 411

   1. Substituted · 23 U.S.C. § 103(d)

      Pub. L. 86–624, § 17(c), substituted “within the United States, including the District of Columbia, and” for “within the continental United States and”

   2. Inserted · 23 U.S.C. § 103(d)

      Pub. L. 86–624, § 17(c), inserted “to the greatest extent possible” in two places

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 86–624, § 17(c), substituted “within the United States, including the District of Columbia, and” for “within the continental United States and”, and inserted “to the greatest extent possible” in two places.

   Enacted provision · exact public law section
   (c) Section 103(d) of title 23, United States Code, is amended to 72 Stat. 888. read as follows: “(d) The Interstate System shall be designated within the United States, including the District of Columbia, and it shall not exceed forty-one thousand miles in total extent. It shall be so located as to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers, to serve the national defense and, to the greatest extent possible, to connect at suitable border points with routes of continental importance in the Dominion of Canada and the Republic of Mexico. The routes of this system, to the greatest extent possible, shall be selected by joint action of the State highway departments of each State and the adjoining States, subject to the approval by the Secretary as provided in subsection (e) of this section. All highways or routes included in the Interstate System as finally approved, if not already coincident with the primary system, shall be added to said system without regard to the mileage limitation set forth in subsection (b) of this section. This system may be located both in rural and urban areas.”

4. 1959

   Hawaii Omnibus Act

   Pub. L. 86–624 § 17(b) · 74 Stat. 411

   Repealed · 23 U.S.C. § 103(g)

   Pub. L. 86–624, § 17(b), repealed subsec. (g) which provided that the systems of highways on which funds apportioned to the Territory of Hawaii under this chapter shall be expended may be determined and agreed upon by the Governor of said Territory and the Secretary

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 86–624, § 17(b), repealed subsec. (g) which provided that the systems of highways on which funds apportioned to the Territory of Hawaii under this chapter shall be expended may be determined and agreed upon by the Governor of said Territory and the Secretary.

   Enacted provision · exact public law section
   (b) Sections 103(g) and 105(e) of title 23, United States Code, Repeal. 72 Stat. 889, 892. are repealed.

5. 1962

   Federal-Aid Highway Act of 1962

   Pub. L. 87–866 § 8(a) · 76 Stat. 1145

   Substituted · 23 U.S.C. § 103(c)

   Pub. L. 87–866 substituted “This system may be located both in rural and urban areas, but any extension of the system into urban areas shall be subject to the condition that such extension pass through the urban area or connect with another Federal-aid system within the urban area” for “This system shall be confined to rural areas, except (1) that in any State having a population density of more than two hundred per square mile as shown by the latest available Federal census, the system may include mileage in urban areas as well as rural, and (2) that the system may be extended into urban areas subject to the conditions that any such extension passes through the urban area or connects with another Federal-aid system within the urban area, and that Federal participation in projects on such extensions is limited to urban funds”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 87–866 substituted “This system may be located both in rural and urban areas, but any extension of the system into urban areas shall be subject to the condition that such extension pass through the urban area or connect with another Federal-aid system within the urban area” for “This system shall be confined to rural areas, except (1) that in any State having a population density of more than two hundred per square mile as shown by the latest available Federal census, the system may include mileage in urban areas as well as rural, and (2) that the system may be extended into urban areas subject to the conditions that any such extension passes through the urban area or connects with another Federal-aid system within the urban area, and that Federal participation in projects on such extensions is limited to urban funds”.

   Enacted provision · exact public law section
   (a) The last sentence of subsection (c) of section 103 of title 23, United States Code, is amended to read as follows: “This system may be located both in rural and urban areas, but any extension of the system into urban areas shall be subject to the condition that such extension pass through the urban area or connect with another Federal-aid system within the urban area.”

6. 1968

   Pub. L. 90–238 · 81 Stat. 772

   1. Redesignated · 23 U.S.C. § 103(d)

      Pub. L. 90–238 redesignated existing provision as par. (1)

   2. Added · 23 U.S.C. § 103(d)

      Pub. L. 90–238 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 90–238 redesignated existing provision as par. (1) and added par. (2).

7. 1968

   Federal-Aid Highway Act of 1968

   Pub. L. 90–495 § 14(a) · 82 Stat. 815

   Inserted · 23 U.S.C. § 103(d)(1)

   Pub. L. 90–495, § 14(a), inserted provision making allowance for an exception in pars. (2) and (3) to the forty-one thousand mile total extent of the Interstate system

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 90–495, § 14(a), inserted provision making allowance for an exception in pars. (2) and (3) to the forty-one thousand mile total extent of the Interstate system.

   Enacted provision · exact public law section
   (a) The first sentence of paragraph (1) of subsection (d) 74 Stat. 415; 81 Stat. 772. of section 103 of title 23, United States Code, is amended by inserting after the word “and” a comma and the following: “except as provided in paragraphs (2) and (3) of this subsection,”.

8. 1968

   Federal-Aid Highway Act of 1968

   Pub. L. 90–495 § 21 · 82 Stat. 815

   Substituted · 23 U.S.C. § 103(d)(2)

   Pub. L. 90–495, § 21, substituted “1968 Interstate System cost estimate set forth in House Document Numbered 199, Ninetieth Congress, as revised” for “1965 Interstate System cost estimate set forth in House Document Numbered 42, Eighty-ninth Congress”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 90–495, § 21, substituted “1968 Interstate System cost estimate set forth in House Document Numbered 199, Ninetieth Congress, as revised” for “1965 Interstate System cost estimate set forth in House Document Numbered 42, Eighty-ninth Congress”.

   Enacted provision · exact public law section
   Sec. 21. section 103, title 23, united states code Paragraph (2) of subsection (d) of section 103 of title 23, 81 Stat. 772. United States Code, is amended by striking out “1965 Interstate System cost estimate set forth in House Document Numbered 42, Eighty-ninth Congress” and inserting in lieu thereof “1968 Interstate System cost estimate set forth in House Document Numbered 199, Ninetieth Congress, as revised”.

9. 1968

   Federal-Aid Highway Act of 1968

   Pub. L. 90–495 § 14(b) · 82 Stat. 815

   Added · 23 U.S.C. § 103(d)(3)

   Pub. L. 90–495, § 14(b), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 90–495, § 14(b), added par. (3).

   Enacted provision · exact public law section
   (b) Subsection (d) of section 103 of title 23, United States Code, is amended by adding at the end thereof the following new paragraph: “(3) In addition to the mileage authorized by paragraphs (1) and (2) of this subsection, there is hereby authorized additional mileage of not to exceed 1,500 miles for the designation of routes in the same manner as set forth in paragraph (1), in order to improve the efficiency and service of the Interstate System to better accomplish the purposes of that System.”

10. 1970

    Federal-Aid Highway Act of 1970

    Pub. L. 91–605 § 106(b)(3) · 84 Stat. 1713

    1. Substituted · 23 U.S.C. § 103(a)

       Pub. L. 91–605, § 106(b)(3), substituted “four” for “three”

    2. Added · 23 U.S.C. § 103(a)

       Pub. L. 91–605, § 106(b)(3), added the urban system to the list of Federal-aid systems

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 91–605, § 106(b)(3), substituted “four” for “three” and added the urban system to the list of Federal-aid systems.

    Enacted provision · exact public law section
    (3) Subsection (a) of section 103 of title 23, United States Code, is amended to read as follows: “(a) For the purposes of this title, the four Federal-aid systems, the primary system, the urban system, the secondary system, and the Interstate System, are established and continued pursuant to the provisions of this section.”

11. 1970

    Federal-Aid Highway Act of 1970

    Pub. L. 91–605 § 106(b)(1) · 84 Stat. 1713

    Substituted · 23 U.S.C. § 103(b); 23 U.S.C. § 103(c)

    Pub. L. 91–605, § 106(b)(1), substituted “subsection (f)” for “subsection (e)”

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 91–605, § 106(b)(1), substituted “subsection (f)” for “subsection (e)”.

    Enacted provision · exact public law section
    (1) Subsections (d) and (e) of section 103 of title 23, United States Code, are relettered (e) and (f), respectively, including all ref-erences thereto, and section 103 is further amended by adding immediately 72 Stat. 887; 76 Stat. 1147. after subsection (c) the following subsection (d): “(d) The Federal-aid urban system shall be established in each urbanized area. The system shall be so located as to serve the major centers of activity, and designed taking into consideration the highest traffic volume corridors, and the longest trips within such area and shall be selected so as to best serve the goals and objectives of the community as determined by the responsible local officials of such urbanized area based upon the planning process required pursuant to the provisions of section 134 of this title. No route on the Federal-aid urban system shall also be a route on any other Federal-aid system. Each route of the system shall connect with another route on a Federal-aid system. Routes on the Federal-aid urban system shall be selected by the appropriate local officials and the State highway departments in cooperation with each other subject to the approval of the Secretary as provided in subsection (f) of this section. The provisions of chapters 1, Ante, p. 1716, Infra. 3, and 5 of this title that are applicable to Federal-aid primary highways shall apply to the Federal-aid urban system except as determined by the Secretary to be inconsistent with this subsection.”

12. 1970

    Federal-Aid Highway Act of 1970

    Pub. L. 91–605 § 106(b)(1) · 84 Stat. 1713

    1. Added · 23 U.S.C. § 103(d); 23 U.S.C. § 103(e)

       Pub. L. 91–605, § 106(b)(1), added subsec. (d)

    2. Redesignated · 23 U.S.C. § 103(d); 23 U.S.C. § 103(e)

       Pub. L. 91–605, § 106(b)(1), redesignated former subsec. (d) as (e)

    3. Redesignated · 23 U.S.C. § 103(d); 23 U.S.C. § 103(e)

       Pub. L. 91–605, § 106(b)(1), substituted “subsection (f)” for “subsection (e)”. Former subsec. (e) redesignated (f)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 91–605, § 106(b)(1), added subsec. (d), redesignated former subsec. (d) as (e) and substituted “subsection (f)” for “subsection (e)”. Former subsec. (e) redesignated (f).

    Enacted provision · exact public law section
    (1) Subsections (d) and (e) of section 103 of title 23, United States Code, are relettered (e) and (f), respectively, including all ref-erences thereto, and section 103 is further amended by adding immediately 72 Stat. 887; 76 Stat. 1147. after subsection (c) the following subsection (d): “(d) The Federal-aid urban system shall be established in each urbanized area. The system shall be so located as to serve the major centers of activity, and designed taking into consideration the highest traffic volume corridors, and the longest trips within such area and shall be selected so as to best serve the goals and objectives of the community as determined by the responsible local officials of such urbanized area based upon the planning process required pursuant to the provisions of section 134 of this title. No route on the Federal-aid urban system shall also be a route on any other Federal-aid system. Each route of the system shall connect with another route on a Federal-aid system. Routes on the Federal-aid urban system shall be selected by the appropriate local officials and the State highway departments in cooperation with each other subject to the approval of the Secretary as provided in subsection (f) of this section. The provisions of chapters 1, Ante, p. 1716, Infra. 3, and 5 of this title that are applicable to Federal-aid primary highways shall apply to the Federal-aid urban system except as determined by the Secretary to be inconsistent with this subsection.”

13. 1970

    Federal-Aid Highway Act of 1970

    Pub. L. 91–605 § 106(b)(1) · 84 Stat. 1713

    1. Redesignated · 23 U.S.C. § 103(f)

       Pub. L. 91–605, § 106(b)(1), (2), redesignated former subsec. (e) as (f)

    2. Inserted · 23 U.S.C. § 103(f)

       Pub. L. 91–605, § 106(b)(1), (2), inserted reference to Federal-aid urban system

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 91–605, § 106(b)(1), (2), redesignated former subsec. (e) as (f) and inserted reference to Federal-aid urban system.

    Enacted provision · exact public law section
    (1) Subsections (d) and (e) of section 103 of title 23, United States Code, are relettered (e) and (f), respectively, including all ref-erences thereto, and section 103 is further amended by adding immediately 72 Stat. 887; 76 Stat. 1147. after subsection (c) the following subsection (d): “(d) The Federal-aid urban system shall be established in each urbanized area. The system shall be so located as to serve the major centers of activity, and designed taking into consideration the highest traffic volume corridors, and the longest trips within such area and shall be selected so as to best serve the goals and objectives of the community as determined by the responsible local officials of such urbanized area based upon the planning process required pursuant to the provisions of section 134 of this title. No route on the Federal-aid urban system shall also be a route on any other Federal-aid system. Each route of the system shall connect with another route on a Federal-aid system. Routes on the Federal-aid urban system shall be selected by the appropriate local officials and the State highway departments in cooperation with each other subject to the approval of the Secretary as provided in subsection (f) of this section. The provisions of chapters 1, Ante, p. 1716, Infra. 3, and 5 of this title that are applicable to Federal-aid primary highways shall apply to the Federal-aid urban system except as determined by the Secretary to be inconsistent with this subsection.”

14. 1970

    Federal-Aid Highway Act of 1970

    Pub. L. 91–605 § 124 · 84 Stat. 1713

    Added · 23 U.S.C. § 103(g)

    Pub. L. 91–605, § 124, added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 91–605, § 124, added subsec. (g).

    Enacted provision · exact public law section
    Sec. 124. elimination of segments of interstate system not to be constructed Section 103 of title 23, United States Code, is amended by Ante, p. 1716. adding at the end thereof the following new subsection: “(g) The Secretary, on July 1, 1973, shall remove from designation as a part of the Interstate System every segment of such System for which a State has not established a schedule for the expenditure of funds for completion of construction of such segment within the period of availability of funds authorized to be appropriated for completion of the Interstate System, and with respect to which the State has not provided the Secretary with assurances satisfactory to him that such schedule will be met. Nothing in the preceding sentence shall be construed to prohibit the substitution prior to July 1, 1973, of alternative segments of the Interstate System which will meet the requirements of this title. Any segment of the Interstate System with respect to which a State has not submitted plans, specifications, and estimates for approval by the Secretary by July 1, 1975, shall be removed from designation as a part of the Interstate System. No segment of the Interstate System removed under authority of the preceding sentence shall thereafter be designated as a part or the Interstate System.”

15. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 148(a) · 87 Stat. 250

    1. Amended · 23 U.S.C. § 103(b)

       Pub. L. 93–87, § 148(a), designated existing provisions as par. (1)

    2. Added · 23 U.S.C. § 103(b)

       Pub. L. 93–87, § 148(a), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–87, § 148(a), designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (a) Section 103(b) of title 23, United States Code, is renumbered as section 103(b) (1) and a new section 103 (b) (2) is added to read as follows: “(2) After June 30, 1976, the Federal-aid primary system shall consist of an adequate system of connected main roads important to interstate, statewide, and regional travel, consisting of rural arterial routes and their extensions into or through urban areas. The Federal-aid primary system shall be designated by each State acting through its State highway department and where appropriate, shall be in accordance with the planning process pursuant to section 134 of this title, subject to the approval of the Secretary as provided by subsection (f) of this section.”

16. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 148(b) · 87 Stat. 250

    1. Amended · 23 U.S.C. § 103(c)

       Pub. L. 93–87, § 148(b), (e), designated existing provisions as par. (1)

    2. Inserted · 23 U.S.C. § 103(c)

       Pub. L. 93–87, § 148(b), (e), inserted “access roads to airports,” after “local rural roads”

    3. Added · 23 U.S.C. § 103(c)

       Pub. L. 93–87, § 148(b), (e), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 93–87, § 148(b), (e), designated existing provisions as par. (1), inserted “access roads to airports,” after “local rural roads”, and added par. (2).

    Enacted provision · exact public law section
    (b) Section 103(c) of title 23, United States Code, is renumbered as section 103(c)(1) and a new subsection 103(c)(2) is added to read as follows: “(2) After June 30, 1976, the Federal-aid secondary system shall consist of rural major collector routes. The Federal-aid secondary system shall be designated by each State through its State highway department and appropriate local officials in cooperation with each other, subject to the approval of the Secretary as provided in subsection (f) of this section.”

17. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 title I · 87 Stat. 250

    1. Substituted · 23 U.S.C. § 103(d)(1)

       Pub. L. 93–87, §§ 109(a), 148(c), authorized establishment of Federal-aid urban system in such other urban areas as the State highway department may designate, substituted “shall include high traffic volume arterial and collector routes, including access roads to airports and other transportation terminals” for “designed taking into consideration the highest traffic volume corridors, and the longest trips within such area and shall be selected so as to best serve the goals and objectives of the community as determined by the responsible local officials of such urbanized area based upon the planning process required pursuant to the provisions of section 134 of this title”, reenacted third sentence without change

    2. Inserted · 23 U.S.C. § 103(d)(1)

       Pub. L. 93–87, §§ 109(a), 148(c), authorized establishment of Federal-aid urban system in such other urban areas as the State highway department may designate, inserted “to the extent feasible” in the text reading “Each route of the system to the extent feasible shall connect with another route”

    3. Substituted · 23 U.S.C. § 103(d)(1)

       Pub. L. 93–87, §§ 109(a), 148(c), authorized establishment of Federal-aid urban system in such other urban areas as the State highway department may designate, substituted “Routes . . . shall be selected by the appropriate local officials so as to serve the goals and objectives of the community, with the concurrence of the State highway departments, and, in urbanized areas, also in accordance with the planning process under section 134 of this title” for “Routes . . . shall be selected by the appropriate local officials and the State highway departments in cooperation with each other subject to the approval of the Secretary as provided in subsection (f) of this section”

    4. Inserted · 23 U.S.C. § 103(d)(1)

       Pub. L. 93–87, §§ 109(a), 148(c), authorized establishment of Federal-aid urban system in such other urban areas as the State highway department may designate, inserted preceding last sentence “Designation of the Federal-aid urban system shall be subject to the approval of the Secretary as provided in subsection (f) of this section”

    5. Amended · 23 U.S.C. § 103(d)(1)

       Pub. L. 93–87, §§ 109(a), 148(c), authorized establishment of Federal-aid urban system in such other urban areas as the State highway department may designate, designated provisions, as amended, as par. (1), respectively

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 93–87, §§ 109(a), 148(c), authorized establishment of Federal-aid urban system in such other urban areas as the State highway department may designate, substituted “shall include high traffic volume arterial and collector routes, including access roads to airports and other transportation terminals” for “designed taking into consideration the highest traffic volume corridors, and the longest trips within such area and shall be selected so as to best serve the goals and objectives of the community as determined by the responsible local officials of such urbanized area based upon the planning process required pursuant to the provisions of section 134 of this title”, reenacted third sentence without change, inserted “to the extent feasible” in the text reading “Each route of the system to the extent feasible shall connect with another route”, substituted “Routes . . . shall be selected by the appropriate local officials so as to serve the goals and objectives of the community, with the concurrence of the State highway departments, and, in urbanized areas, also in accordance with the planning process under section 134 of this title” for “Routes . . . shall be selected by the appropriate local officials and the State highway departments in cooperation with each other subject to the approval of the Secretary as provided in subsection (f) of this section”, and inserted preceding last sentence “Designation of the Federal-aid urban system shall be subject to the approval of the Secretary as provided in subsection (f) of this section”, and designated provisions, as amended, as par. (1), respectively.

    Enacted provision · exact public law
    TITLE I Sec. 101. short title This title may be cited as the “Federal-Aid Highway Act of 1973”. Sec. 102. revision of authorization for appropriations for the interstate system Subsection (b) of section 108 of the Federal-Aid Highway 82 Stat. 815; 84 Stat. 1714. 23 USC 101 note. Act of 1956, as amended, is amended by striking out “the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1974, the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1975, and the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1976”, and by inserting in lieu thereof the following: “the additional sum of $2,600,000,000 for the fiscal year ending June 30, 1974, the additional sum of $3,000,000,000 for the fiscal year ending June 30, 1975, the additional sum of $3,000,000,000 for the fiscal year ending June 30, 1976, the additional sum of $3,250,000,000 for the fiscal year ending June 30, 1977, the additional sum of $3,250,000,000 for the fiscal year ending June 30, 1978, and the additional sum of $3,250,000,000 for the fiscal year ending June 30, 1979.” Sec. 103. authorization of use of cost estimates for apportionment of interstate funds The Secretary of Transportation shall apportion for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, the sums authorized to be appropriated for such years for expenditures on the National System of Interstate and Defense Highways, using the apportionment, factors contained in table 5, of House Public Works Committee Print Numbered 92–29, as revised in House Report Numbered 92–1443. Sec. 104. highway authorizations (a) For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized 72 Stat. 885. 23 USC 101 et seq. to be appropriated: (1) For the Federal-aid primary system in rural areas, out of the Highway Trust Fund, $680,000,000 for the fiscal year ending June 30, 1974, $700,000,000 for the fiscal year ending June 30, 1975, and $700,000,000 for the fiscal year ending June 30, 1976. For the Federal-aid secondary system in rural areas, out of Highway Trust Fund, $390,000,000 for the fiscal year ending June 30, 1974, $400,000,000 for the fiscal year ending June 30, 1975, and $400,000,000 for the fiscal year ending June 30, 1976. (2) For the Federal-aid urban system, out of the Highway Trust Fund, $780,000,000 for the fiscal year ending June 30, 1974, $800,000,000 for the fiscal year ending June 30, 1975, and $800,000,000 for the fiscal year ending June 30, 1976. For the extensions of the Federal-aid primary and secondary systems in urban areas, out of the Highway Trust Fund $290,000,000 for the fiscal year ending June 30, 1974, $300,000,000 for the fiscal year ending June 30, 1975, and $300,000,000 for the fiscal year ending June 30, 1976. (3) For forest highways, out of the Highway Trust Fund $33,000,000 for the fiscal year ending June 30, 1974, $33,000,000 for the fiscal year ending June 30, 1975, and $33,000,000 for the fiscal year ending June 30, 1976. (4) For public lands highways, out of the Highway Trust Fund, $16,000,000 for the fiscal year ending June 30, 1974, $16,000,000 for the fiscal year ending June 30, 1975, and $16,000,000 for the fiscal year ending June 30, 1976. (5) For forest development roads and trails, $140,000,000 for the fiscal year ending June 30, 1974, $140,000,000 for the fiscal year ending June 30, 1975, and $140,000,000 for the fiscal year ending June 30, 1976. (6) For public lands development roads and trails, $10,000,000 for the fiscal year ending June 30, 1974, $10,000,000 for the fiscal year ending June 30, 1975, and $10,000,000 for the fiscal year ending June 30, 1976. (7) For park roads and trails, $30,000,000 for the fiscal year ending June 30, 1974, $30,000,000 for the fiscal year ending June 30, 1975, and $30,000,000 for the fiscal year ending June 30, 1976. (8) For parkways, $60,000,000 for the fiscal year ending June 30, 1974, $75,000,000 for the fiscal year ending June 30, 1975, and $75,000,000 for the fiscal year ending June 30, 1976, except that the entire cost of any parkway project on any Federal-aid system paid under the authorization contained in this paragraph shall be paid from the Highway Trust Fund. (9) For Indian reservation roads and bridges. $75,000,000 for the fiscal year ending June 30, 1974, $”5,000,000 for the fiscal year ending June 30, 1975, and $75,000,000 for the fiscal year ending June 30, 1976. (10) For economic growth center development highways under section Post, p. 261. 143 of title 23, United States Code, out of the Highway Trust Fiend, $50,000,000 for the fiscal year ending June 30, 1974, $75,000,000 for the fiscal year ending June 30, 1975, and $100,000,000 for the fiscal year ending, June 30, 1976, (11) For necessary administrative expenses in carrying out section 79 Stat. 1028, 1030, 1032; 82 Stat. 817, 818. 131, section 136, and section 319(b) of title 23, United States Code, $1,500,000 for the fiscal year ending June 30, 1974, $1,500,000 for the fiscal year ending June 30, 1975, and $1,500,000 for the fiscal year ending June 30, 1976, (12) For carrying out section 215(a) of title 23, United States 84 Stat. 1720 Code— (A) for the Virgin Islands, not to exceed $5,000,000 for the fiscal year ending June 30, 1974, not to exceed $5,000,000 for the fiscal year ending June 30, 1975, and not to exceed $5,000,000 for the fiscal year ending June 30, 1976. (B) for Guam not to exceed $2,000,000 for the fiscal year ending June 30, 1974, not to exceed $2,000,000 for the fiscal year ending June 30, 1975, and not to exceed $2,000,000 for the fiscal year ending June 30, 1976. (C) for American Samoa not to exceed $1,000,000 for the fiscal year ending June 30, 1974, not to exceed $1,000,000 for the fiscal year ending June 30, 1975, and not to exceed $1,000,000 for the fiscal year ending June 30, 1976. Sums authorized by this paragraph shall be available for obligation at the beginning of the fiscal year for which authorized in the same manner and to the same extent as if such sums were apportioned 72 Stat. 885. 23 USC 101. under chapter 1 of title 23, United States Code. (13) Nothing in the first ten paragraphs or in paragraph (12) of this section shall be construed to authorize the appropriation of any sums to carry out section 131, 136, 319(b), or chapter 4 of title 23, United States Code. 80 Stat. 731 . 23 USC 401. (14) For each of the fiscal years 1974, 1975, and 1976, no State shall receive less than one-half of 1 per centum of the total apportionment for the Interstate System under paragraph (5) of subsection (b) of Post, p. 254. section 104 of title 23, United States Code. Whenever such amounts made available for the Interstate System in any State exceed the cost of completing that State’s portion of the Interstate System, the excess amount shall be transferred to and added to the amounts apportioned to such State under paragraphs (1), (2), (3), and (6) of subsection Post, p. 256. (b) of section 104 of title 23, United States Code, in the ratio which these respective amounts bear to each other in that State. For the purpose of carrying out this subsection, there are authorized to be appropriated out of the Highway Trust Fund not to exceed $50,000,000 for the fiscal year ending June 30, 1974, $50,000,000 for the fiscal year ending June 30, 1975, and $50,000,000 for the fiscal year ending June 30, 1976.. It is the sense of the Congress that this subsection is an interim provision to be reconsidered at the expiration of this authorization. Sec. 105. definitions Subsection (a) of section 101 of title 23 of the United States Code is amended as follows: 72 Stat. 885; 84 Stat. 1716. (1) The definition of the term “construction” is amended to read as follows: “The term ‘construction’ means the supervising, inspecting, actual building, and all expenses incidental to the construction or reconstruction of a highway, including locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atmospheric Administration in the Department of Commerce), acquisition of rights-of-way, relocation assistance, elimination of hazards of railway grade crossings, acquisition of replacement housing sites, acquisition and rehabilitation, relocation, and construction of replacement housing, and improvements which directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas.” (2) The definition of the term “urban area” is amended to read as follows: “The term ‘urban area’ means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area in each such State, or an urban place as designated by the Bureau of the Census having a population of five thousand or more and not within any urbanized area, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census.” (3) The definition of the term “Indian reservation roads and bridges” is amended to read as follows: “The term ‘Indian reservation roads and bridges’ means roads and bridges that are located within or provide access to an Indian reservation or Indian trust land or restricted Indian land which is not: subject to fee title alienation without the approval of the Federal Government, or Indian and Alaska Native villages, groups, or communities in which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians.” (4) The definition of “urbanized area” is amended to read as follows: “The term ‘urbanized area’ means an area so designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall, as a minimum, encompass the entire urbanized area within a State as designated by the Bureau of the Census.” Sec. 106. extension of time for completion of system (a) The second paragraph of section 101(b) of title 23, 84 Stat. 1714. United States Code, is amended by striking out “twenty years” and inserting in lieu thereof “twenty-three years” and by striking out “June 30, 1976”, and inserting in lieu thereof “June 30, 1979”. (b) (1) The introductory phrase and the second and third sentences of section 104(b) (5) of title 23, United States Code, are amended by striking out “1976” each place it appears and inserting in lieu thereof at each such place “1979”. (2) The last four sentences of such section 104(b) (5) are amended to read as follows: “Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal years ending June 30, 1974, June 30, 1975, Cost estimates transmittal to Congress. and June 30, 1976. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1975. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal years ending June 30, 1977, and June 30, 1978. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1977. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal year ending June 30, 1979. Whenever the Secretary, pursuant to this subsection, requests and receives estimates of cost from the State highway departments, he shall furnish copies of such estimates at the same time to the Senate and the House of Representatives.” Sec. 107. declaration of policy Subsection (b) of section 101 of title 23, United States 72 Stat. 885. Code, is amended by adding at the end thereof the following new paragraph: “It is further declared that since the Interstate System is now in the final phase of completion it shall be the national policy that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems in accordance with the first paragraph of this subsection, in order to bring all of the Federal-aid systems up to standards and to increase the safety of these systems to the maximum extent.” Sec. 108. minimization of redtape Section 101 of title 23 of the United States Code is amended 72 Stat. 885; 84 Stat. 1718. by adding at the end thereof the following new subsection: “(e) It is the national policy that to the maximum extent possible the procedures to be utilized by the Secretary and all other affected heads of Federal departments, agencies, and instrumentalities for carrying out this title and any other provision of law relating to the Federal highway programs shall encourage the substantial minimization of paperwork and interagency decision procedures and the best use of available manpower and funds so as to prevent needless duplication and unnecessary delays at all levels of government.” Sec. 109. federal-aid urban system (a) Subsection (d) of section 103 of title 23, United States Code, is amended by striking the first, second, third, fourth, and fifth 84 Stat. 1716; Post, p. 274. sentences and inserting in lieu thereof the following: “The Federal-aid urban system shall be established in each urbanized area, and in such other urban areas as the State highway department may designate. The system shall be so located as to serve the major centers of activity, and shall include high traffic volume arterial and collector routes, including access roads to airports and other transportation terminals. No route on the Federal-aid urban system shall also be a route on any other Federal-aid system. Each route of the system to the extent feasible shall connect with another route on a Federal-aid system. Routes on the Federal-aid urban system shall be selected by the appropriate local officials so as to serve the goals and objectives of the community, with the concurrence of the State highway departments, and. in urbanized areas, also in accordance with the planning process under section 134 of this title. Designation of the Federal-aid 76 Stat. 1148; 84 Stat. 1 737. urban system shall be subject to the approval of the Secretary as provided in subsection (f) of this section.” “(b) Subsection (d) of section 105 of title 23, United States Code, 84 Stat. 1717. is amended to read as follows: “(d) In approving programs for projects on the Federal-aid urban system, the Secretary shall require that such projects be selected by the appropriate local officials with the concurrence of the State highway department of each State and, in urbanized areas, also in accordance with the planning process required pursuant to section 134 of this title.” Sec. 110. removal of designated segments of the interstate system (a) Section 103(g) of title 23, United States Code, is 84 Stat. 1729. amended to read as follows: “(g) The Secretary, on July 1, 1974, shall remove from designation as a part of the Interstate System each segment of such system for which a State has not notified the Secretary that such State intends to construct such segment, and which the Secretary finds is not essential to completion of a unified and connected Interstate System. Any segment of the Interstate System, with respect to which a State has not submitted by July 1, 1975, a schedule for the expenditure of funds for completion of construction of such segment or alternative segment within the period of availability of funds authorized to be appropriated for completion of the Interstate System, and with respect to which the State has not provided the Secretary with assurances satisfactory to him that such schedule will be met, shall be removed from designation as a part of the Interstate System. No segment of the Interstate System removed under the authority of the preceding sentence shall thereafter be designated as a part of the Interstate System except as the Secretary finds necessary in the interest of national defense or for other reasons of national interest. This subsection shall not be applicable to any segment of the Interstate System referred to in section 82 Stat. 827. D.C. Code 7–135 note. 72 Stat. 887; Ante, p. 255. 23(a) of the Federal-Aid Highway Act of 1968.” (b) Section 103 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(h) Notwithstanding subsections (e)(2) and (g) of this section, in any case where a segment of the Interstate System was a designated part of such System on June 1, 1973, and is entirely within the boundaries of an incorporated city and such city enters into an agreement with the Secretary to pay all non-Federal costs of construction of such segment, such segment shall be constructed.” (c) The amendments made by subsections (a) and (b) of this section shall take effect June 30, 1973. Sec. 111. apportionment (a) Section 104 of title 23, United States Code, is amended as follows: (1) Paragraphs (1) and (2) of subsection (b) are amended by striking the words “star routes” each time they appear and inserting in lieu thereof “intercity mail routes where service is performed by motor vehicles”. (2) Paragraph (1) of subsection (b) is amended by striking out “one-third in the ratio which the population of each State bears to the total population of all the States” and inserting in lieu thereof the following: “one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States”. The last sentence of such paragraph is amended by inserting “(other than the District of Columbia)” immediately after “No State”. (3) Paragraph (2) of subsection (b) is amended by striking out “one-third in the ratio which the rural population of each State bears to the total rural population of all the States” and inserting in lieu thereof the following: “one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all of the States”. The last sentence or such paragraph is amended by inserting “(other than the District of Columbia)” immediately after “No State”. (4) Paragraph (6) of subsection (b) is amended by striking the word “urbanized” wherever it appears and inserting in lieu thereof “urban”, and by adding at the end thereof the following: “No State shall receive less than one-half of 1 per centum of each year’s apportionment.” (5) Subsection (c) is amended by striking out “20 per centum” in each of the two places it appears and inserting in lieu thereof in each such place the following: “40 per centum” and by striking out “paragraph (1), (2), or (3)” and inserting in lieu thereof “paragraph (1) or (2)”. (6) Subsection (d) is amended to read as follows: “(d) Not more than 40 per centum of the amount apportioned in any fiscal year to each State in accordance with paragraph (3) or (6) of subsection (b) of this section may be transferred from the apportionment under one paragraph to the apportionment under the other paragraph if such transfer is requested by the State highway department and is approved by the Governor of such State and the Secretary as being in the public interest. Funds apportioned in accordance with paragraph (6) of subsection (b) of this section shall not be transferred from their allocation to any urbanized area of 200,000 population or more under section 150 of this title, without the approval of the local officials of such urbanized area. The total of such transfers shall not increase the original apportionment under either of such paragraphs by more than 40 per centum.” (7) The last sentence of subsection (c) is hereby repealed. Repeal. 72 Stat. 891. 23 USC 104. (b) Notwithstanding the amendments made by subsection (a) of this section, no State (other than the District of Columbia) shall receive an apportionment for the primary system which is less than the apportionment which such State received for such system for the fiscal year ending June 30, 1973. In order to carry out this subsection, there Additional appropriations. is authorized to be appropriated out of the Highway Trust Fund for the Federal-aid primary system, an additional $17,000,000 for the fiscal year ending June 30, 1974, and $15,000,000 per fiscal year for the fiscal years ending June 30, 1975, and June 30, 1976. Sec. 112. apportionment of planning funds Subsection (f) of section 104 of title 23, United States Code, is amended to read as follows: 84 Stat. 1717. “(f) (1) On or before January 1 next preceding the commencement of each fiscal year, the Secretary, after making the deduction authorized by subsection (a) of this section, shall set aside not to exceed one-half per centum of the remaining funds authorized to be appropriated for expenditure upon the Federal-aid systems, for the purpose of carrying out the requirements of section 134 of this title. 76 Stat. 1148; 84 Stat. 1737. 23 USC 134. “(2) These funds shall be apportioned to the States in the ratio which the population in urbanized areas or parts thereof, in each State bears to the total population in such urbanized areas in all the States as shown by the latest available census, except that no State shall receive less than one-half per centum of the amount apportioned. “(3) The funds apportioned to any State under paragraph (2) of this subsection shall be made available by the State to the metropolitan planning organizations designated by the State as being responsible for carrying out the provisions of section 134 of this title. These funds shall be matched in accordance with section 120 of this title unless the 72 Stat. 898. 23 USC 120. Secretary determines that the interests of the Federal-aid highway program would be best served without such matching. “(4) The distribution within any State of the planning funds made available to agencies under paragraph (3) of this subsection shall be. in accordance with a formula developed by each State and approved by the Secretary which shall consider but not necessarily be limited to, population, status of planning, and metropolitan area transportation needs.” Sec. 113. advance acquisition of rights-of-way (a) The last sentence of subsection (a) of section 108 of title 23, United States Code, is amended by striking out “seven years” 73 Stat. 62. and inserting in lieu thereof “ten years”. (b) The first sentence of paragraph (3) of subsection (c) of section 108 of title 23, United States Code, is amended by striking out “seven 82 Stat. 818. years” and inserting in lieu thereof “ten years”. Sec. 114. noise level standards Subsection (i) of section 109 of title 23. United States Code, is amended by adding at the end thereof the following: “The 84 Stat. 1735. Secretary, after consultation with the Administrator of the Environmental Protection Agency and appropriate Federal, State, and local officials, may promulgate standards for the control of highway noise levels for highways on any Federal-aid system for which project approval has been secured prior to July 1, 1972. The Secretary may approve any project on a Federal-aid system to which noise-level standards are made applicable under the preceding sentence for the purpose of carrying out such standards. Such project may include, but is not limited to, the acquisition of additional rights-of-way, the construction of physical barriers, and landscaping. Sums apportioned for the Federal-aid system on which such project will be located shall be available to finance the Federal share of such project. Such project shall be deemed a highway project for all purposes of this title.” Sec. 115. signs on project site The last, sentence of subsection (a) of section 114 of title 74 Stat. 525. 23, United States Code, is amended to read as follows: “After July 1, 1973, the State highway department shall not erect on any project where actual construction is in progress and visible to highway users any informational signs other than official traffic control devices conforming with standards developed by the Secretary of Transportation.” Sec. 116. certification acceptance (a) Section 117 of title 23 of the United States Code is amended to read as follows: “§ 117. Certification acceptance “(a) The Secretary may discharge any of his responsibilities under this title relative to projects on Federal-aid systems, except the Interstate System, upon the request of any State, by accepting a certification by the State highway department, or that department, commission, board, or official of any State charged by its laws with the responsibility for highway construction, of its performance of such responsibilities, if he finds such projects will be carried out in accordance with State laws, regulations, directives, and standards establishing requirements at least equivalent to those contained in, or issued pursuant to, this title. “(b) The Secretary shall make a final inspection of each such project upon its completion and shall require an adequate report of the estimated, and actual, cost of construction as well as such other information as he determines necessary. “(c) The procedure authorized by this section shall be an alternative to that otherwise prescribed in this title. The Secretary shall promulgate such guidelines and regulations as may be necessary to carry out this section. “(d) Acceptance by the Secretary of a State’s, certification under this section may be rescinded by the Secretary at any time if, in his opinion, it is necessary to do. “(e) Nothing in this section shall affect or discharge any responsibility or obligation of the Secretary under any Federal law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et 83 Stat. 852.   82 Stat. 824.   78 Stat. 252. 42 USC 2000d. 82 Stat. 81. 84 Stat. 1894. seq.), section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f)), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d), et seq.), title VIII of the Act of April 11, 1968 (Public Law 90–284,42 U.S.C. 3601 et seq.), and the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), other than this title.” (b) The analysis of chapter 1, of title 23, United States Code, is amended by striking out “117. Secondary road responsibilities.” and inserting in lieu thereof the following: “117. Certification acceptance.”. Sec. 117. materials at off-site locations Section 121(a) of title 23 of the United States Code is 72 Stat. 899. amended by inserting after the period at the end thereof the following: “Such payments may also be made in the case of any such materials not in the vicinity of such construction if the Secretary determines that because of required fabrication at an off-site location the materials cannot be stockpiled in such vicinity.” Sec. 118. toll roads, bridges, tunnels, and ferries (a) After the second sentence of section 129(b) of title 23, United States Code, insert the following: “When any such toll road 72 Stat. 902; 82 Stat. 829. which the Secretary has approved as a part of the Interstate System is made a toll-free facility, Federal-aid highway funds apportioned under section 104(b) (5) of this title may tie expended for the construction, Ante, p. 254. reconstruction, or improvement of that road to meet the standards adopted for the improvement of projects located on the Interstate System.” (b) The first sentence of subsection (e) of section 129, title 23. United States Code, is amended by striking out “on the date of enactment 84 Stat. 1732. of this subsection”. The third sentence of subsection (e) of section 129 of title 23, United States Code, is amended by striking out “1968” and inserting in lieu thereof “1973”. Sec. 119. urban area traffic operations improvement programs Subsection (c) of section 135 of title 23, United States Repeal. 82 Stat. 820. Code, is hereby repealed and existing subsection (d) is relettered as subsection (c), including any references thereto. Sec. 120. training programs Subsection (b) of section 140 of title 23, United States Code, is amended by striking out in the second sentence “and 1973,” 84 Stat. 1719 and inserting in lieu thereof “, 1973, 1974, 1975, and 1976,” and by striking out “$5,000,000 per fiscal year” and inserting in lieu thereof “$5,000,000 per fiscal year for the fiscal years 1972 and 1973, and $10,000,000 per fiscal year for the fiscal years 1974, 1975, and 1976,”. Sec. 121. public transportation (a) Section 142 of title 23, United States Code, is amended 84 Stat. 1719. to read as follows: “§ 142. Public Transportation “(a) (1) To encourage the development, improvement, and use of public mass transportation systems operating motor vehicles (other than on rail) on Federal-aid highways for the transportation of passengers (hereafter in this section referred to as ‘buses’), so as to increase the traffic capacity of the Federal-aid systems for the movement of persons, the Secretary may approve as a project on any Federal-aid system the construction of exclusive or preferential bus lanes, highway traffic control devices, bus passenger loading areas and facilities (including shelters), and fringe and transportation corridor parking facilities to serve bus and other public mass transportation passengers, and sums apportioned under section 104(b) of this title Ante, p. 256. shall be available to finance the cost of projects under this paragraph. “(2) In addition to the projects under paragraph (1),the Secretary may, beginning with the fiscal year ending June 30, 1975, approve as a project on the Federal-aid urban system, for payment from sums 84 Stat. 1717; Ante, p. 256. 23 USC 104. apportioned under section 104(b) (6) of this title, the purchase of buses, and, beginning with the fiscal year ending June 30, 1976, approve as a project on the Federal-aid urban system, for payment from sums apportioned under section 104(b) (6) of this title, the construction, reconstruction, and improvement of fixed rail facilities, including the purchase of rolling stock for fixed rail, except that not more than $200,000,000 of all sums apportioned for the fiscal year ending June 30, 1975, under section 104(b)(6) shall be available for the payment of the Federal share of projects for the purchase of buses. “(b) Sums apportioned in accordance with paragraph (5) of subsection Ante, p. 254. (b) of section 104 of this title shall be available, to finance the Federal share of projects for exclusive, or preferential bus, track, and emergency vehicle routes or lanes. Routes constructed under this subsection shall not be subject to the third sentence of section 109(b) of 77 Stat. 277. 23 USC 109. this title. “(c) Whenever responsible local officials of an urbanized area notify the State highway department that, in lieu of a highway project the Federal share of which is to be paid from funds apportioned under section 104(b)(6) of this title for the fiscal years ending June 30, 1974, and June 30, 1975, their needs require a nonhighway public mass transit project involving the construction of fixed rail facilities, or the purchase of passenger equipment, including rolling stock for any mode of mass transit, or both, and the State highway department determines that such public mass transit project is in accordance with the planning 76 Stat. 1148; 84 Stat. 1737, 1738. 23 USC 134. process under section 134 of this title and is entitled to priority under such planning process, such public mass transit, project shall be submitted for approval to the Secretary. Approval of the plans, specifications, and estimates for such project by the Secretary shall be deemed a contractual obligation of the United States for payment out of the general funds of its proportional share of the cost of such project in an amount equal to the Federal share which would have been paid if such project were a highway project under section 120(a) 82 Stat. 835; 84 Stat. 1718. 23 USC 120. of this title. Funds previously apportioned to such State under section 104(b) (6) of this title shall be reduced by an amount equal to such Federal share. “(d) The establishment of routes and schedules of such public mass transportation systems in urbanized areas shall be based upon a continuing comprehensive transportation planning process carried on in accordance with section 134 of this title. “(e) (1) For all purposes of this title, a project authorized by subsection Ante, p. 259.   Highway Trust Fund. 70 Stat. 397. 23 USC 120 note. (a)(1) of this section shall be deemed to be a highway project. “(2) Notwithstanding section 209(f) (1) of the Highway Revenue Act of 1956, the Highway Trust Fund shall be available for making expenditures to meet obligations resulting from projects authorized by subsection (a) (2) of this section and such projects shall be subject to, and governed in accordance with, all provisions of this title applicable to projects on the Federal-aid urban system, except to the extent determined inconsistent by the Secretary. “(3) The Federal share payable on account of projects authorized by subsection (a) of this section shall be that provided in section 120 of this section. “(f) No project authorized by this section shall be approved unless the Secretary of Transportation has received assurances satisfactory to him from the State that public mass transportation systems will fully utilize the proposed project. “(g) In any case where sufficient land exists within the publicly acquired rights-of-way of any Federal-aid highway to accommodate needed rail or nonhighway public mass transit facilities and where this can be accomplished without impairing automotive safety or future highway improvements, the Administrator may authorize a State to make such lands and rights-of-way available without charge to a publicly owned mass transit authority for such purposes wherever he may deem that the public interest will be served thereby. “(h) The provision of assistance under subsection (a) (2) or subsection (c) of this section shall not be construed as bringing within the Ante, p. 259.   80 Stat. 403. 5 USC 1501. application of chapter 15 of title 5, United States Code, any non-supervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable. “(i) Funds available for expenditure to carry out the purposes of subsection (a)(2) and subsection (c) of this section shall he supplementary to and not in substitution for funds authorized and available for obligation pursuant to the Urban Mass Transportation Act of 1964, as amended. 78 Stat. 302. 49 USC 1601 note. 49 USC 1602. “(j) The provisions of section 3(e) (4) of the Urban Mass Transportation Act of 1964, as amended, shall apply in carrying out subsection (a)(2) and subsection (c) of this section. “(k) The Secretary shall not approve any project under subsection (a) (2) of this section in any fiscal year when there has been enacted an Urban Transportation Trust Fund or similar assured funding for both highway and public transportation.” (b) The analysis of chapter 1 of title 23, United States Code, is amended by striking out “142. Urban highway public transportation.” and inserting in lieu thereof the following: “142. Public transportation.”. Sec. 122. economic growth center development highways (a) Section 143 of title 23, United States Code, is amended 84 Stat. 1729. by striking out “demonstration projects” each place it appears and inserting in lieu thereof “projects”, and by striking out “demonstration project” each place it appears and inserting in lieu thereof in each such place “project”, by striking out “the. Federal-aid primary system” in each place it appears and inserting in lieu thereof in each such place “a Federal-aid system (other than the Interstate System)”, and in subsection (d) by striking out “Federal-aid primary highways” and inserting in lieu thereof “highways on the Federal-aid system on which such development highway is located”. (b) Section 143(e) of title 23, United States Code, is amended to read as follows: “(e) Except as otherwise provided in subsection (c) of this section, the Federal share of the cost of any project for construction, reconstruction, or improvement of a development highway under this section shall be the same as that provided under this title for any other project on the Federal-aid system on which such development highway is located.” (c) Section 143(a) of title 23, United States Code, is amended by striking out “to demonstrate the role that highways can play”. Sec. 123. federal-state relationship (a) Chapter 1 of title 23, United States Code, is amended 72 Stat. 885; 84 Stat. 1741. 23 USC 101. by adding at the end thereof the following new section: “§ 145. Federal-State relationship “The authorization of the appropriation of Federal funds or their availability for expenditure under this chapter shall in no way infringe on the sovereign rights of the States to determine which projects shall be federally financed. The provisions of this chapter provide for a federally assisted State program.” (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “145. Federal-State relationship.” Sec. 124. bicycle transportation and pedestrian walkways (a) Chapter 2 of title 23, United States Code, is amended by adding at the end thereof the following new section: “§ 217. Bicycle transportation and pedestrian walkways “(a) To encourage the multiple use of highway rights-of-way, including the development, improvement, and use of bicycle transportation and the development and improvement of pedestrian walk-ways on or in conjunction with highway rights-of-way, the States may, on Federal-aid highway projects, include to the extent practicable, suitable, and feasible, the construction of separate or preferential bicycle lanes or paths, bicycle traffic control devices, shelters and parking facilities to serve bicycles and persons using bicycles, and pedestrian walkways in conjunction or connection with Federal-aid highways. Sums apportioned in accordance with paragraphs (1), Ante, p. 256; 77 Stat. 276. (2), (3), and (6) of section 104(b) of this title shall be available for bicycle projects and pedestrian walkways authorized under this section and such projects shall be located and designed pursuant to an overall plan which will provide due consideration for safety and contiguous routes. “(b) For all purposes of this title, a bicycle or pedestrian walkway project authorized by subsection (a) of this section shall be deemed to be a highway project, and the Federal share payable on account of such bicycle project, or pedestrian walkway shall be that provided in 72 Stat. 898. 23 USC 120. section 120 of this title. “(c) Funds authorized for forest highways, forest development roads and trails, public lands development roads and trails, park roads and trails, parkways, Indian reservation roads, and public lands highways shall be available, at the discretion of the department charged with the administration of such funds, for the construction of bicycle and pedestrian routes in conjunction with such trails, roads, high ways, and parkways. “(d) No motorized vehicles shall be permitted on trails and walk-ways authorized under this section except for maintenance purposes and, when snow conditions and State or local regulations permit, snowmobiles. “(e) Not more than $40,000,000 of funds authorized to be appropriated in any fiscal year may be obligated for projects authorized by Supra. subsections (a) and (c) of this section, and no State shall obligate more than $2,000,000 for such projects in any fiscal year.” (b) The analysis of chapter 2, title 23, United States Code, is amended by inserting at the end thereof the following: “217. Bicycle transportation and pedestrian walkways.” Sec. 125. special urban high density traffic program (a) Chapter 1 of title 23 of the United States Code is amended by adding at the end thereof the following new section: “§ 146. Special urban high density traffic program “(a) There is hereby authorized to be appropriated out of the Highway Trust Fund $50,000,000 for the fiscal year ending June 30, 1974, $50,000,000 for the fiscal year ending June 30, 1975, and $50,000,000 for the fiscal year ending June 30, 1976, for the construction of highways connected to the Interstate System in portions of urbanized areas with high traffic density. The Secretary shall develop Route designation and fund allocation, guidelines and standards. guidelines and standards for the designation of routes and the allocation of funds for this purpose which include the following criteria: “(1) Routes designated by the Secretary shall not be longer than ten miles. “(2) Routes designated shall serve areas of concentrated population and heavy traffic congestion. “(3) Routes designated shall serve the urgent needs of commercial, industrial, airport, or national defense installations. “(4) Any routes shall connect with existing routes on the Interstate System. “(5) Routes designated under this section shall have been approved through the planning process required under section 134 of this title and determined to be essential by responsible local 76 Stat. 1148; 84 Stat. 1737. 23 USC 134. officials. “(6) A route shall be designated under this section only where the Secretary determines that no feasible or practicable alternative mode of transportation which could meet the needs of the area to be served is now available or could become available in the foreseeable future. “(7) The designation of routes under this section shall comply with section 138 of this title, and no route shall be designated 82 Stat. 823. 23 USC 138. which substantially damages or infringes upon any residential area. “(8) Routes shall be designated by the Secretary on the recommendation of the State and responsible local officials. “(9) No more than one route in any one State shall be designated by the Secretary. “(10) Any route designated by the Secretary under this section must be on a Federal-aid system. “(b) The Federal share payable on account of any project authorized pursuant to this section shall not exceed 90 per centum of the cost of construction of such project.” (b) The table of contents of chapter 1 of title 23 of the United States Code is amended by adding at the end thereof the following: “146. Special urban high density traffic program.” Sec. 126. priority primary routes (a) Chapter 1 of title 23 of the United States Code is Ante, p. 262. amended by adding at the end thereof the following new section: “§ 147. Priority primary routes “(a) High traffic sections of highways on the Federal-aid primary system which connect to the Interstate System shall be selected by each State highway department, in consultation with appropriate local officials, subject to approval by the Secretary, for priority of improvement to supplement the service provided by the Interstate System by furnishing needed adequate traffic collector and distributor facilities. For the purpose of this section such highways shall here-after in this section be referred to as ‘priority primary routes’. “(b) The Federal share of any project on a priority primary route Federal share.   82 Stat. 835; 84 Stat. 1718. 23 USC 120. shall be that provided in section 120(a) of this title. All provisions of this title applicable to the Federal-aid primary system shall be applicable to priority primary routes selected under this section except that one-half of such funds shall be apportioned among the States in accordance with section 104(b) (1) of this title, and one-half shall be Ante, p. 256. apportioned among the States in accordance with section 104(b)(3) 77 Stat. 276. 23 USC 104. of this title. Funds authorized to carry out this section shall be deemed to be apportioned on January 1 next preceding the commencement of the fiscal year for which authorized. “(c) The initial selection of the priority primary routes and the estimated cost of completing such routes shall be reported to Congress on or before July 1, 1974. “(d) There is authorized to be appropriated out of the Highway Trust Fund to carry out this section not to exceed $100,000,000 for the fiscal year ending June 30, 1974, $200,000,000 for the fiscal year ending June 30, 1975, and $300,000,000 for the fiscal year ending June 30, 1970.” (b) The table of contents of chapter 1 of title 23 of the United States Code is amended by adding at the end thereof the following: “147. Priority primary routes.”. Sec. 127. alaska highway (a) (1) Chapter 2 of title 23 of the United States Code is amended by inserting at the end thereof a new section as follows: “§ 218. Alaska Highway “(a) Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to the south Alaskan border, the Secretary is authorized out of the funds appropriated for the purpose of this section to provide for necessary reconstruction of such highway. Such appropriations shall remain available Canada and U.S. agreement requirement. until expended. No expenditures shall be made for the construction of such highways until an agreement has been reached by the Government of Canada and the Government of the United States which shall provide, in part, that the Canadian Government— “(1) will provide, without participation of funds authorized under this title all necessary right-of-way for the reconstruction of such highways, which right-of-way shall forever be held inviolate as a part of such highways for public use; “(2) will not impose any highway toll, or permit any such toll to be charged for the use of such highways by vehicles or persons; “(3) will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of such highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada; “(4) will continue to grant reciprocal recognition of vehicle registration and drivers’ licenses in accordance with agreements between the United States and Canada; and “(5) will maintain such highways after their completion in proper condition adequately to serve the needs of present and future traffic. “(b) The survey and construction work undertaken pursuant to this Section shall be under the general supervision of the Secretary.” (2) The analysis of chapter 2 of title 23 of the United States Code is amended by adding at the end thereof the following: “218. Alaska Highway.” “(b) For the purpose of completing necessary reconstruction of the Alaska Highway from the Alaskan border to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to the south Alaskan border there is authorized to be appropriated the sum of $58,670,000 to be expended in accordance with the Supra. provisions of section 218 of title 23 of the United States Code. Sec. 128. bridges on federal dams (a) Section 320(d) of title 23, United States Code, is 73 Stat. 613; 84 Stat. 1724. 23 USC 320. amended by striking out “$16,761,000” and inserting in lieu thereof “$25,261,000”. “(b) All sums appropriated under authority of the increased authorization Limitation. of $8,500,000 established by the amendment made by subsection (a) of this section shall be available for expenditure only in connection with the construction of a bridge across lock and dam numbered 13 on the Arkansas River near Fort Smith, Arkansas, in the amount of $2,100,000 and in connection with reconstruction of a bridge across the Chickamauga Dam on the Tennessee River near Chattanooga, Tennessee, in the amount of $6,400,000. No such sums shall be appropriated until all applicable requirements of section 320 of title 23 of the United States Code have been complied with by the appropriate Federal agency, the Secretary of Transportation, and the State of Arkansas for the Fort Smith project, and the State of Tennessee for the Chattanooga project. Sec. 129. great river road (a) Section 14 of the Federal-Aid Highway Act of 1954, as amended (68 State. 70; Public Law 83–350), is amended by striking 78 Stat. 1092. out “$500,000” and inserting in lieu thereof “$600,000”. “(b) Chapter 1 of title 23 of the United States Code is amended by Ante, p. 263. inserting at the end thereof a new section as follows: “§ 148. Development of a national scenic and recreational highway “(a) As soon as possible after the date of enactment of this section, Great River Road. the Secretary shall establish criteria for the location and construction or reconstruction of the Great River Road by the ten States bordering the Mississippi River. Such criteria shall include requirements that— “(1) priority be given in the location of the Great River Road near or easily accessible to the larger population centers of the State and further priority be given to the construction and improvement of the Great River Road in the proximity of the confluence of the Mississippi River and the Wisconsin River; “(2) the Great River Road be connected with other Federal-aid highways and preferably with the Interstate System; “(3) the Great River Road be marked with uniform identifying signs; “(4) effective control, as defined in section 131 of this title, of 79 Stat. 1028. 23 USC 131. signs, displays, and devices will be provided along the Great River Road; “(5) the provisions of section 129(a) of this title shall not apply 72 Stat. 902. 23 USC 129. to any bridge or tunnel on the Great River Road and no fees shall be charged for the use of any facility constructed with assistance under this section. “(b) For the purpose of this section, the. term ‘construction’ includes “Construction.” the acquisition of areas of historical, archeological, or scientific interest, necessary easements for scenic purposes, and the construction or reconstruction of roadside rest areas (including appropriate recreational facilities), scenic viewing areas, and other appropriate facilities as determined by the Secretary. “(c) Highways constructed or reconstructed pursuant to this section (except subsection (f)) shall be part of the Federal-aid system. Post, p. 266. Apportionment. “(d) Funds appropriated for each fiscal year pursuant to subsection (g) shall be apportioned among the ten States bordering the Mississippi River on the basis of their relative needs as determined by the Secretary for payments to carry out this section. “(e) The Federal share of the cost of any project for any construction or reconstruction pursuant to the preceding subsections of this 72 Stat. 898. 23 USC 120. section shall be that provided in section 120 of this title for the Federal-aid system on which such project is located, and if such project is not on such a system, such share shall be 70 per centum of such cost. “(f) The Secretary is authorized to consult with the heads of other Federal departments and agencies having jurisdiction over Federal lands open to the public in order to enter into appropriate arrangements for necessary construction of reconstruction of highways on such lands to carry out this section. Highways constructed or reconstructed by a State pursuant to this section which are not on a Federal-aid system, and highways constructed or reconstructed under this subsection, shall be subject to the criteria applicable to highways constructed or reconstructed pursuant to subsection (c) of this section. Funds authorized pursuant to subsection (g) shall be used to pay the entire cost of construction or reconstruction pursuant to the first sentence of this subsection. “(g) There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund, for construction or reconstruction of roads on a Federal-aid highway system, not to exceed $10,000,000 for the fiscal year ending June 30, 1974, $25,000,000 for the fiscal year ending June 30, 1975, and $25,000,000 for the fiscal year ending June 30, 1976, for allocations to the States pursuant to this section, and there is authorized to be appropriated to carry out this section out of any money in the Treasury not otherwise appropriated, not to exceed $10,000,000 for each of the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, for construction and reconstruction of roads not on a Federal-aid highway system.” (c) The table of contents of chapter 1 of title 23 of the United States Code is amended by inserting at the end thereof the following: “148. Development of a national scenic and recreational highway.”. Sec. 130. alaskan assistance Subsection (b) of section 7 of the Federal-Aid Highway 84 Stat. 1735. Act of 1966 is amended by striking out at the end of the last sentence “June 30, 1972 and June 30, 1973.” and substituting “June 30, 1972, June 30, 1973, June 30, 1974, June 30, 1975, and June 30, 1976.” Sec. 131. route 101 in new hampshire (a) The amount of all Federal-aid highway funds paid on account of those sections of Route 101 in the State of New Hampshire referred to in subsection (c) of this section shall, prior to the collection of any tolls thereon, be repaid to the Treasurer of the United States on or before October 1, 1977. The amount so repaid shall be deposited to the credit of the appropriation for “Federal-Aid Highways (Trust Fund)”. At the time of such repayment, the Federal-aid projects with respect to which such funds have been repaid and any other Federal-aid project located on said sections of such toll road and programed for expenditure on any such project, shall be credited to the unprogramed balance of Federal-aid highways funds of the same class last, apportioned to the State of New Hampshire. The amount so credited shall be in addition to all other funds then apportioned to said State and shall be available for expenditure in accordance with the provisions 72 Stat. 885. 23 USC 101 et seq. of title 23, United States Code, as amended or supplemented. (b) Upon the repayment of Federal-aid highway funds and the cancellation and withdrawal from the Federal-aid highway program of the projects on said sections of Route 101 as provided in subsection (a) of this section, such sections of said route shall become and be free of any and all restrictions contained in title 23, United States Code, as amended or supplemented, or in any regulation thereunder, with 72 Stat. 885. 23 USC 101 et seq. respect to the imposition and collection of tolls or other charges thereon or for the use thereof. (c) The provisions of this section shall apply to the following Applicability. sections: (1) That section of Route 101 from Route 125 in Epping to Brent-wood Corners, a distance of approximately two and thirty one-hundredths centerline miles. (2) That section of Route 101 in the vicinity of Sells Corner in Auburn, beginning approximately two and forty one-hundredths centerline miles east of the junction of Interstate Route 03 and running easterly approximately two miles. Sec. 132. freeing interstate toll bridges Section 129, title 23, United States Code, as amended by section 139 of this Act, is amended by adding at the end thereof the Post, p. 270. following new subsection: “(h) Notwithstanding the provisions of section 301 of this title, in 72 Stat. 912. 23 USC 301. the case of each State which, before January 1, 1975, shall have constructed or acquired any interstate toll bridge (including approaches thereto), which before January 1, 1975, caused such toll bridge to be made free, which bridge is owned and maintained by such State or by a political subdivision thereof, and which bridge is on the Federal-aid primary system (other than the Interstate System), sums apportioned to such State in accordance with paragraphs (1) and (3) of subsection (b) of section 104 of this title shall be available to pay Ante, p. 256; 77 Stat. 276. the Federal share of a project under this subsection of (1) such amount as the Secretary determines to be the reasonable value of such bridge after deducting therefrom that portion of such value attributable to any grant or contribution previously paid by the United States in connection with the construction or acquisition of such bridge, and exclusive of rights-of-way, or (2) the amount by which the principal amount of the outstanding unpaid bonds or other obligations created and issued for the construction or acquisition of such bridge exceeds the amount of any funds accumulated or provided for their amortization, on the date such bridge is made free, whichever is the lesser amount.” Sec. 133. study of toll bridge authority (a) The Secretary of Transportation is authorized and Federal statutes and regulations, investigation and study. directed to undertake a full and complete investigation and study of existing Federal statutes and regulations governing toll bridges over the navigable waters of the United States for the purpose of determining what action can and should be taken to assure just and reasonable tolls nationwide. The Secretary shall submit a report of the Report to Congress. findings of such study and investigation to the Congress not later than July 1, 1974, together with his recommendations for modifications or additions to existing laws, regulations, and policies, except that in the case of the toll bridge at Chester, Illinois, the Secretary shall submit a report to the Congress not later than December 31, 1973. (b) The Secretary of Transportation shall promulgate regulations Regulations. establishing guidelines governing any increase in tolls for use of any bridge constructed pursuant to either the General Bridge Act of 1906 33 USC 491 note. 33 USC 525 note. or the General Bridge Act of 1946. Sec. 134. national scenic highway system study (a) The Secretary of Transportation shall make a full and complete investigation and study to determine the feasibility of establishing a national system of scenic highways to link together and make more accessible to the American people recreational, Historical, scientific, and other similar areas of scenic interest and importance. In the conduct of such investigation and study, the Secretary shall cooperate and consult with other agencies of the Federal Government, the Commission on Highway Beautification, the States and their political subdivisions, and other interested private organizations, groups, and Report to Congress. individuals. The Secretary shall report, his findings and recommendations to the Congress not later than July 1, 1974, including an estimate Appropriation. of the cost of implementing such a program. There is authorized to be appropriated $250,000 from the Highway Trust Fund to carry out this subsection. (b) The Secretary of Transportation shall make a full and complete investigation and study to examine problems of user access to parks, recreation areas (including public recreation areas on Federal lakes), historic sites and wildlife refuges. Such study and investigation shall include, but not be limited to, an analysis of the desirability and feasibility of a national scenic read and parkways system referred to in subsection (a) including benefits to the user if any and the total long range environmental impact, of such system on the Nation’s recreation resources; alternatives to private automobile access to parks and recreation resources, including mass transit; and special problems of safe access to urban and metropolitan parks and recreation resources. In the conduct of such investigations and study, the Secretary shall cooperate and consult with other agencies of the Federal Government, the States and their political subdivisions, and interested private Report to Congress. organizations, groups and individuals. The Secretary shall report his findings and recommendations to the Congress not later than January 1, 1975, including an estimate of the cost of implementing any suggested programs. Sec. 135. district of columbia None of the provisions of the Act entitled “An Act to provide a permanent system of highways in that part of the District of Columbia lying outside of cities”, approved March 2, 1893 (27 Stat. D.C. Code 7–108. 532), as amended, shall apply to any segment of the Interstate System within the District of Columbia. Sec. 136. corridor hearings (a) The Secretary of Transportation shall permit no further action on Interstate Route I–287 between Montville and Mahwah, New Jersey, until new corridor hearings are held. (b) The Secretary of Transportation shall permit no further action on the Corporation Freeway. Winston-Salem, North Carolina, until new corridor hearings are held. (c) The new corridor hearings required by this section shall be held and the reports thereon shall be made no later than one year after the date of enactment of this section. Sec. 137. interstate system (a) Paragraph (2) of subsection (e) of section 103 of title 81 Stat. 772; 84 Stat. 1716. 23, United States Code, is amended as follows: (1) The first sentence is amended by striking out “additional mileage for the Interstate System of two hundred miles, to be used in making modifications” and inserting in lieu thereof “additional mileage for the Interstate System of five hundred miles, to be used in making modifications”. (2) The fourth sentence is amended by striking out “the 1968 Interstate. System cost estimate set forth in House Document Numbered 199, Ninetieth Congress, as revised.” and inserting in lieu thereof the following: “the 1972 Interstate System cost estimate set forth in House Public Works Committee Print Numbered 92–29, as revised in House Report Numbered 92–1443.” (3) The fifth sentence is amended by striking out “due regard” and inserting in lieu thereof the following: “preference, along with due regard for interstate highway type needs on a nationwide basis,”. (b) Subsection (e) of section 103 of title 23, United States Code, is Ante, p. 268. amended by adding the following: “(4) Upon the joint request of a State Governor and the local government concerned, the Secretary may withdraw his approval of any route or portion thereof on the Interstate System within any urbanized area in that State selected and approved in accordance with this title prior to the enactment of this paragraph, if he determines that such route or portion thereof is not essential to completion of a unified and connected Interstate System or will no longer be essential by reason of the application of this paragraph and will not be constructed as a part of the Interstate System, and if he receives assurances that the State does not intend to construct a toll road in the traffic corridor which would be served by such route or portion thereof. The mileage of the route or portion thereof approval of which is withdrawn under this paragraph shall lie available for designation on the Interstate System in any other State in accordance with paragraph (1) of this subsection. After the Secretary has withdrawn his approval of any such route or portion thereof, whenever responsible local officials of such urbanized area notify the State highway department that, in lieu of a route or portion thereof approval for which is withdrawn under this paragraph, their needs require a nonhighway public mass transit project involving the construction of fixed rail facilities, or the purchase of passenger equipment, including rolling stock for any mode of mass transit, or both, and the State, highway department determines that such public mass transit project is in accordance with the planning process under section 134 of this title anti is entitled to priority 76 Stat. 1148; 84 Stat. 1737. 23 USC 134. under such planning process, such public mass transit project shall be submitted for approval to the Secretary. Approval of the plans, specifications, and estimates for such project by the Secretary shall be deemed a contractual obligation of the United States for payment out of the general funds in the Treasury of its proportional share of the cost of such project, in an amount equal to the Federal share which would be paid for such a project under the Urban Mass Transportation Act of 1964, except that the total Federal cost of all such projects 78 Stat. 302. 49 USC 1601 note. under this paragraph with respect to such route or portion thereof approval of which is withdrawn under this paragraph, shall not exceed the Federal share of the cost which would have been paid for such route or portion thereof, as such cost is included in the 1972 Interstate System cost estimate set forth in table 5 of House Public Works Committee Print Numbered 92–29, as revised in House Report Numbered 92–1443. Funds apportioned to such State for the Interstate System, which apportionment is based upon an Interstate System cost estimate that includes a route or portion thereof approval of which is withdrawn under this paragraph, shall be reduced by an amount equal to the Federal share of such project as such share becomes a contractual obligation of the United States. No general funds shall be obligated under authority of this paragraph after June 30, 1981. No nonhighway public mass transit project shall be approved under this paragraph unless the Secretary has received assurances satisfactory to him from the State that public mass transportation systems will fully utilize the proposed project. The provision of assistance under this paragraph shall not be construed as bringing within the application of chapter 15 of title 5, United States 80 Stat. 403. 5 USC 1501. Code, any nonsupervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable. Funds available for expenditure to carry out the purposes of this paragraph shall be supplementary to and not in substitution for funds authorized and available for obligation pursuant to the Urban Mass Transportation Act of 1964, as amended. The provisions of section 3(e)(4) of the Urban Mass Transportation 78 Stat. 302. 49 USC 1601 note. 49 USC 1602 Act of 1964, as amended, shall apply in carrying out this paragraph.” Sec. 138. public mass transportation studies (a) The Secretary shall, in cooperation with the Governor of each State and appropriate local officials, make an evaluation of that portion of the 1972 National Transportation Report, pertaining to public mass transportation. Such evaluation shall include all urban areas. The evaluation shall include but not be limited to the following: (1) Refining the public mass transportation needs contained in such report. (2) Developing a program to accomplish the needs of each urban area for public mass transportation. (3) Analyzing the existing funding capabilities of Federal, State, and local governments for meeting such needs. (4) Analyzing other funding capabilities of Federal, State, and local governments for meeting such needs. (5) Determining the operating and maintenance costs relating to the public mass transportation system. (6) Determining and comparing fare structures of all public mass transportation systems. Report to Congress. The Secretary shall, not later than July 1, 1974, report to Congress the results of this evaluation together with his recommendations for necessary legislation. (b) The Secretary shall conduct a study of revenue mechanisms, including a tax on fuels used in the provision of urban mass transportation service, and an additional gasoline tax imposed in urban areas, which could be used now or in the future to finance transportation activities receiving financial assistance from the Highway Trust Fund. Such study shall include an analysis of the magnitude of the various potential sources of user tax revenues, the rates at which such taxes could be levied (including possible differential rates), the mechanisms for collection of such taxes, the incidence of such taxes, and the potential impact on transit usage caused by such taxes. The Secretary shall report to the Congress the findings of his study by no later than the 180th day after the date of enactment of this section. (c) There is hereby authorized not to exceed $10,000,000 to carry out this section. Sec. 139. ferry operations (a) The last subsection of section 129 of title 23, United 84 Stat. 1736. States Code, is hereby redesignated as subsection (g). (b) Paragraph (5) of subsection (g) of section 129 of title 23, United States Code, as redesignated in subsection (a) of this section, Ante, p. 270. is amended to read as follows: “(5) Such ferry may be operated only within the State (including the islands which comprise the State of Hawaii) or between adjoining States. Except with respect to operations between the islands which comprise the State of Hawaii and operations between the States of Alaska and Washington, or between any two points within the State of Alaska, no part, of such a ferry operation shall be in any foreign or international waters.” Sec. 140. metro accessibility to the handicapped The Secretary of Transportation is authorized to make Payments to the Washington Metropolitan Area Transit Authority. payments to the Washington Metropolitan Area Transit Authority in amounts sufficient to finance 80 per centum of the cost of providing such facilities for the subway and rapid rail transit system authorized in the National Capital Transportation Act of 1969 (83 Stat. 320) D.C. Code 1–1441 note. as may be necessary to make such subway and system accessible by the handicapped through implementation of Public Laws 90–480 and 91–205. There is authorized to be appropriated, to carry out this section, 82 Stat. 718; 84 Stat. 49. 42 USC 4151. not to exceed $65,000,000. Sec. 141. environmental impact statements (a) The Secretary of Transportation shall, not later than forty-five days after the date of enactment of this section, complete all necessary action on (1) the environmental impact statement pursuant to section 102(2) (C) of the National Environmental Policy Act of 1969, and (2) the application for approval under the General 83 Stat. 853. 42 USC 4332. 60 Stat. 847. 33 USC 525 note. Bridge Act of 1946, with respect to the proposal for construction by the Department of Transportation of the State of New Jersey of a bridge over the Raritan River in such State for the purpose of such State’s Highway Route 18. (b) The Secretary of Transportation shall— (1) by October 1, 1973— (A) complete the draft environmental impact statement pursuant to section 102(2) (C) of the National Environmental Policy Act and his determination under section 4(f) of the Department of Transportation Act and section 138 of 82 Stat. 824. 49 USC 1653. 82 Stat. 823. title 23 of the United States Code, on the project for Interstate Route Numbered 66 in the State of Virginia from the National Capital Belt way to the Potomac River, which project is described in the 1972 estimate of the cost of completing the National System of Interstate and Defense Highways as estimate section termini E 10.4.2 at the Beltway to E 10.11.1 in Rosalyn, (B) circulate such statement to all interested Federal, State, and local agencies and to the public for comment within forty-five days, and (C) insure that notice of a public hearing on the design and location of such project is issued; (2) insure that a public hearing is held within forty-five days after issuance of the notice pursuant to paragraph (1) (C) of this subsection; and (3) not later than December 31, 1973, complete consideration of the information received at the hearing, review any comments on the statement received within the forty-five-day notice period referred to in paragraph (1) (B) of this subsection and any other information received by the end of such forty-five-day period and tile the final version of such statement on the basis of such comments and information, together with any other final determination which he is required by law to make in order to permit the construction of such project to proceed. The determination of the Secretary shall be conclusive with respect to all issues of fact. Sec. 142. truck lanes (a) Chapter 1 of title 23, United States Code, is amended by adding to the end thereof the following new section: “§ 149. Truck lanes “The Secretary may approve as a project on any Federal-aid system the construction of exclusive or preferential truck lanes.” (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “149. Truck lanes.”. Sec. 143. highway studies The Secretary of Transportation shall report to Congress by January 1, 1975, on the feasibility and necessity for constructing to appropriate standards proposed highways along the following routes: (1) A route from Brunswick, Georgia, or its vicinity, to Kansas City, Missouri, or its vicinity, so aligned to serve the following intermediate locations, or vicinities thereof: Columbus, Georgia ; Birmingham, Alabama; Tupelo, Mississippi; Memphis, Tennessee ; Batesville or Jonesboro, Arkansas; and Springfield, Missouri. (2) A route from Kansas City, Missouri, or its vicinity, to Chicago. Illinois, or its vicinity, so aligned as to cross the Mississippi River at a point between Nauvoo, Illinois, on the north, and Hannibal, Missouri, on the south. (3) A route from Amarillo, Texas, or its vicinity to Las Cruces, New Mexico, or its vicinity, so aligned as to serve the following intermediate locations, or vicinities thereof: Hereford, Texas; Clovis, New Mexico; Portales, New Mexico; Roswell, New Mexico; Ruidoso, New Mexico; Tularosa, New Mexico; and Alamogordo, New Mexico together with a branch route from Alamogordo, New Mexico, or its vicinity, to El Paso, Texas, or its vicinity, to connect with Interstate Route No. 10 and the port of entry with Mexico. (4) A route from the Port of Catoosa, Catoosa, Oklahoma, or its vicinity, to Interstate Route No. 35 to Ponca City, Oklahoma, or its vicinity. (5) Extension of Interstate Highway 70 from Cove Fort, Utah, or its vicinity, in a westerly direction, so aligned to serve the intermediate locations of Ely and Carson City, Nevada, or their vicinities. (6) A route from Kansas City, Missouri, or its vicinity, to Baton Rouge. Louisiana, or its vicinity, so aligned to serve one or both of the following intermediate locations or vicinities thereof: Fayetteville. Fort Smith, and Texarkana. Arkansas; or Little Rock. Arkansas, or any other route through the State of Arkansas determined feasible by such State and the Secretary. (7) A route from Interstate Highway 380 from Waterloo. Iowa, via Dubuque, Iowa, to Interstate Highway 90 at Rockford, Illinois; and an extension of Interstate Highway 74 from the Davenport, Iowa-Moline. Illinois, area through Dubuque. Town, to Interstate 90 at LaCrosse. Wisconsin. (8) Extension of Interstate Highway 27 from Lubbock, Texas, or its vicinity in a southerly direction to intersect with Interstate 20 and, proceeding further, to intersect with Interstate 10. (9) A route from Salina., Kansas, or its vicinity, in a northerly direction to intersect with Interstate 80 in the vicinity of York, Nebraska, and, proceeding further, to Interstate 29 in the vicinity of Watertown, South Dakota. (10) A route from Wichita, Kansas, or its vicinity to Tucumcari, New Mexico, or its vicinity, so aligned to serve the following intermediate locations or vicinities thereof: Pratt, Kansas; Meade, Kansas; Liberal, Kansas; Guymon, Oklahoma; Stafford, Texas; Dalhart, Texas; and Logan, New Mexico; or any other route through the State of Kansas determined feasible by such State and the Secretary. Sec. 144. inter-american highway Section 4 of the Federal-Aid Highway Act of 1962 (Public Law 87–866; 76 Stat. 1145) is amended by striking out “$32,000,000” and inserting in lieu thereof “$42,000,000”. Sec. 145. donations (a) Chapter 3 of title 23 of the United States Code is 72 Stat. 912; 84 Stat. 1742. 23 USC 301. amended by adding at the end thereof the following: “§ 323. Donations “Nothing in this title, or in any other provision of law, shall be construed to prevent a person whose real property is being acquired in connection with a project under this title, after he has been tendered the full amount of the estimated just compensation as established by an approved appraisal of the fair market value of the subject real property, from making a gift or donation of such property, or any part thereof, or of any of the compensation paid therefor, to a Federal agency, a State or a State agency, or a political subdivision of a State, as said person shall determine.” (b) The analysis of chapter 3 of title 23, United States Code, is amended by adding at the end thereof the following: “323. Donations.”. Sec. 146. high-speed transportation demonstration The Secretary is authorized to undertake a study and High-speed bus service, study. demonstration program for high-speed bus service from collection points in the Washington, District of Columbia area to Dulles International Airport, Virginia. Such study and demonstration shall utilize exclusive bus transportation lanes between points of origin and termination of such service, and include, where necessary, the construction of such exclusive bus transportation lanes as well as terminal and parking facilities. Such study and demonstration shall also include the purchase of high-speed buses. As necessary to implement this section, the Secretary shall undertake research into the development of buses designed to maintain high-speed, safe transportation. Not to exceed $10,600,000 of the amount authorized to be apportioned under section 104(b) (6) of title 23, United States Code, for the fiscal year ending Ante, p. 256. June 30, 1975, shall be available to the Secretary to carry out this section and such sum shall be set aside for such purpose, prior to the apportionment of such amount for such fiscal year. Sec. 147. rural highway public transportation demonstration program To encourage the development, improvement, and use of public mass transportation systems operating vehicles on highways for transportation of passengers within rural areas, in order to enhance access of rural populations to employment, health care, retail centers, education, and public services, there are authorized to be appropriated $30,000,000 for the two-fiscal-year period ending June 30, 1976, of which $20,000,000 shall be out of the Highway Trust Fund, to the Secretary of Transportation to carry out demonstration projects for public mass transportation on highways in rural areas. Projects eligible for Federal funds under this section shall include highway traffic control devices, the construction of passenger loading areas and facilities, including shelters, fringe and transportation corridor parking facilities to serve bus and other public mass transportation passengers, and the purchase of passenger equipment other than rolling stock for fixed rail. Sec. 148. federal-aid systems realignment (a) Section 103(b) of title 23, United States Code, is renumbered as section 103(b) (1) and a new section 103 (b) (2) is added to read as follows: “(2) After June 30, 1976, the Federal-aid primary system shall consist of an adequate system of connected main roads important to interstate, statewide, and regional travel, consisting of rural arterial routes and their extensions into or through urban areas. The Federal-aid primary system shall be designated by each State acting through its State highway department and where appropriate, shall be in accordance with the planning process pursuant to section 134 of this title, subject to the approval of the Secretary as provided by subsection (f) of this section.” (b) Section 103(c) of title 23, United States Code, is renumbered as section 103(c)(1) and a new subsection 103(c)(2) is added to read as follows: “(2) After June 30, 1976, the Federal-aid secondary system shall consist of rural major collector routes. The Federal-aid secondary system shall be designated by each State through its State highway department and appropriate local officials in cooperation with each other, subject to the approval of the Secretary as provided in subsection (f) of this section.” (c) Section 103(d) of title 23, United States Code, is renumbered as section 103(d) (1) and a new subsection 103(d) (2) is added to read as follows: “(2) After June 30, 1976, the Federal-aid urban system shall be located in each urbanized area and such other urban areas as the State highway departments may designate and shall consist of arterial routes and collector routes, exclusive of urban extensions of the Federal-aid primary system. The routes on the Federal-aid urban system shall be designated by appropriate local officials, with the concurrence of the State highway departments, subject to the approval of the 84 Stat. 1716. Secretary as provided in subsection (f) of this section, and in the case of urbanized areas shall also be in accordance with the planning process 76 Stat. 1148; 84 Stat. 1737. 23 USC 134. required pursuant to the provisions of section 134 of this title.” (d) Federal-aid systems realignment shall be based upon anticipated functional usage, in the year 1980 or a planned connected system. (e) In addition to the foregoing amendments, the second sentence of section 103(c) (1) of title 23, United States Code, is amended to insert, after the words “local rural roads,” the phrase, “access roads to airports,”. Sec. 149. toll road reimbursement program (a) Whenever the State of Louisiana has received its final apportionment of sums authorized to be appropriated for expenditure on the Interstate System, or on or after July 1, 1977, whichever first occurs, the Secretary shall, notwithstanding the provisions of subsection (b) of section 129 of title 23 of the United States Code, reimburse Ante, p. 259. the Federal share of the actual cost of construction of new toll highways or improvements to existing toll highways in that State, construction of which highways or improvement is begun after July 1, 1973, but not including the cost of toll collection and service facilities, on the same basis and in the same manner as in the construction of free highways under chapter I of title 23 of the United States Code upon 72 Stat. 885. 23 USC 101. compliance with the conditions contained in this section. (b) The Secretary shall reimburse the Federal share of the costs of construction as applicable to a project under section 120(a) of title 23 of the United States Code from funds apportioned to such State pursuant 82 Stat. 835; 84 Stat. 1718. to paragraph (1) of subsection (b) of section 104 of title 23 of the United States Code whenever the State enters into an agreement Ante, p. 256. with the Secretary whereby it undertakes performance of the following obligations: (1) to provide for the construction of such highway in accordance with standards approved by the Secretary; (2) all tolls received from the operation of such highway, less the actual cost of such operation and maintenance, shall be applied by the State to the repayment of the actual costs of construction, except for an amount equal to the Federal share payable of such actual costs of a project; and (3) no tolls shall be charged for the use of such highway after the Federal share has been paid and the highway shall be maintained and operated as a free highway. Upon the enactment of this section the Secretary shall, at the request of the State of Louisiana, enter into an agreement with that State if such agreement meets the requirements of this subsection. Reimbursements shall not be made until after the State receives its final apportionment of sums authorized to be appropriated for expenditure on the Interstate System or July 1, 1977, whichever first occurs. (c) Such highway shall be designated as a part of the Federal-aid primary system, other than the Interstate System, before the payment of any Federal funds under this section, notwithstanding the mileage limitations in subsection (b) of section 103 of title 23 of the United States Code. Ante, p. 274. (d) The Federal share payable of such actual cost of the project shall be made in not more than fifteen equal annual installments, from the funds apportioned to the State pursuant to paragraph (1) of subsection (b) of section 104 of title 23 of the United States Code, with the first installment being made either (1) one year after the project agreement has been entered into between the Secretary and the State highway department or (2) either one year after the State receives its final apportionment of sums authorized to be appropriated for expenditure on the Interstate System, or July 1, 1977, whichever first occurs, whichever of such clause (1) or (2) is last to occur. Such payment shall be applied against the outstanding obligations of the project. Sec. 150. parkways (a) Subsection (a) of section 207 of title 23, United States Code, is amended to read as follows: 72 Stat. 908. “(a) Funds available for parkways shall be used to pay for the cost of construction and improvement thereof, including the acquisition of rights-of-way and related scenic easements.” (b) Section 207 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(d) Any parkway project on a Federal-aid system shall be subject to all of the requirements of this title and of any other law applicable to highways on such system.” Sec. 151. research and planning Subsection (c) (1) of section 307 of title 23. United States 77 Stat. 277. Code, is amended to read as follows: “(c) (1) Not to exceed 1½ per centum of the sums apportioned for each fiscal year beginning with fiscal year 1974 to any State under section Ante, p. 256. 104 of this title shall be available for expenditure upon request of the State highway department, with the approval of the Secretary, with or without State funds, for engineering and economic surveys and investigations; for the planning of future highway programs and local public transportation systems and for planning for the financing thereof; for studies of the economy, safety, and convenience of highway usage and the desirable regulation and equitable taxation thereof; and for research and development, necessary in connection with the planning, design, construction, and maintenance of highways and highway systems, and the regulation and taxation of their use.” Sec. 152. technical amendments Title 23. United States Code, is amended as follows: (1) Section 101 (a) is amended by striking out “Secretary of Commerce” and inserting in lieu thereof “Secretary of Transportation”. (2) Section 109(g) is amended by striking out “Ret” and inserting in lieu thereof “Act”. (3) Sections 126(a) and 310 are amended by striking out “Commerce” each place it appears and inserting in lieu thereof “Transportation”. (4) The heading of section 303 is amended to read: “Administration organization.” (5) Sections 308(b), 309, 312, and 314 are amended by striking out “Bureau of Public Roads” each place it appears and inserting in lien thereof “Federal Highway Administration”. (6) Sections 312 and 314 are amended by striking out “Commerce” each place it appears and inserting in lieu thereof “Transportation”. Sec. 153. increased federal share—effective date Subsection (b) of section 108 of the Federal-Aid Highway 84 Stat. 1718. 23 USC 120 note. Act of 1970 is amended to read as follows: “(b) The amendments made by subsection (a) of this section shall take effect with respect to all obligations incurred after June 30, 1973.” Sec. 154. termination of federal-aid relationship (a) Notwithstanding any other provisions of Federal law or any court decision to the contrary, the contractual relationship between the Federal and State Governments shall be ended with respect to all portions of the San Antonio North Expressway between Interstate Highway 35 and Interstate Loop 410, mid the expressway shall cease to be a Federal-aid project. (b) The amount of all Federal-aid highway funds paid on account of sections of the San Antonio North Expressway in Bexar County, Texas (Federal-aid projects numbered U 244(7), U 244(10), UG 244(9),U 244(8), and U 244(11)), shall be repaid to the Treasurer of the United States and the amount so repaid shall be deposited to the credit of the appropriation for “Federal-Aid Highways (Trust Fund)”. At the time of such repayment the Federal-aid projects with respect to which funds have been repaid and any other Federal-aid projects located on such expressway and programed for expenditure on such project, if any, shall be canceled and withdrawn from the Federal-aid highway program. Any amount so repaid, together with the unpaid balance of any amount programed for expenditure on any such project shall be credited to the unprogramed balance of Federal-aid highway funds of the same class last apportioned to the States, respectively. The amount so credited shall be available for expenditure in accordance with the provisions of title 23, United States Code, as 72 Stat. 885. 23 USC 101 et seq. amended. Sec. 155. highway litter study (a) The Secretary is directed to undertake a study of litter accumulation within the rights-of-way of the Federal-aid highway systems and recommend improved procedures to be used by the several States to prevent and clean up such highway litter on a regular basis. The Secretary shall report his findings and recommendations to Report to Congress. the Congress by June 30, 1974. (b) For the purposes of this section, the term “litter” means beverage and food containers, food wastes, paper products, smoking materials or packaging, and any other materials which the Secretary finds are commonly used and discarded by the traveling public and which, when discarded along highway rights-of-way, cause an unsightly appearance, a danger to public health or safety, or an unreasonable expenditure of public funds. (c) Funds authorized to carry out section 307 of title 23, United States Code, are authorized to be used to carry out the investigation 72 Stat. 913. and study required by this section. Sec. 156. bridge approach standards Section 109 of title 23, United States Code, is amended by 84 Stat. 1734. adding at the end thereof the following subsection: “(k) The Secretary shall not approve any project involving approaches to a bridge under this title, if such project and bridge will significantly affect the traffic volume and the highway system of a contiguous State without first taking into full consideration the views of that State.” Sec. 157. allocation of urban system funds (a) Chapter 1 of title 23, United States Code, is amended Ante, p. 272. by adding at the end thereof the following new section: “§ 150. Allocation of urban system funds “The funds apportioned to any State under paragraph (6) of subsection (b) of section 1(14 of this title that are attributable to urbanized 84 Stat. 1717. 23 USC 104. areas of 200,000 population or more shall be made available for expenditure in such urbanized areas for projects in programs approved under subsection (d) of section 105 of this title in accordance with a Ante, p. 255. fair and equitable formula developed by the State which formula has been approved by the Secretary. Such formula shall provide for fair and equitable treatment of incorporated municipalities of 200,000 or more population. Whenever such a formula has not been developed and approved for a State, the funds apportioned to any State under paragraph Ante, p. 256. (6) of subsection (b) of section 104 of this title which are attributable to urbanized areas having a population of 200,000 or more shall be allocated among such urbanized areas within such State for projects in programs approved under subsection (d) of section 105 of this title in the ratio that the population within each such urbanized area bears to the population of all such urbanized areas, or parts thereof, within such State. In the expenditure of funds allocated under the preceding sentence, fair and equitable treatment shall lie accorded incorporated municipalities of 200,000 or more population.” (b) The table of contents of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “150. Allocation of urban system funds.”. Sec. 158. franconia notch, new hampshire Notwithstanding section 109(b) of title 23 of the United 77 Stat. 277; 80 Stat. 767. States Code, the Secretary of Transportation is authorized, upon application of the Governor of the State, to approve construction of that section of Interstate Route 93 from B20.6 an interchange with State route 3A in North Woodstock, New Hampshire, to B22.1 an interchange with U.S. Route 3 in Franconia, New Hampshire, approximately twelve miles in length, as a parkway type highway to geometric and construction standards (whether or not in accordance with section 109(b)) which the Secretary determines are necessary for the safety of the traveling public, for the protection of the environment, and for the preservation of the park-like and historic character of the Franconia Notch area adjacent to the highway. The State of New Hampshire, with the concurrence of the Secretary, is authorized to permit the use of the above section of highway to specified types of vehicles during specified times of the day and of the year. Sec. 159. dwight d. eisenhower highway (a) The following segments of the National System of Interstate, and Defense Highways which form a continuous interstate highway link from coast to coast are hereby designated as the “Dwight D. Eisenhower Highway”: (1) Interstate Route 70 between Washington, District of Columbia, and Denver, Colorado; (2) Interstate Route 25 between Denver, Colorado, and Cheyenne, Wyoming; and (3) Interstate Route 80 between Cheyenne, Wyoming, and San Francisco, California. (b) Any law, regulation, map, document, record, or other paper of the United States in which such segments are designated or referred to shall be held to designate or refer to such segments as the “Dwight D. Eisenhower Highway”. Sec. 160. cumberland gap national historical park (a) Notwithstanding the definition of parkways in subsection (a) of section 101, funds available for parkways shall be available to finance the cost of reconstruction and relocation of Route 25E through the Cumberland Gap National Historical Park, including construction of a tunnel and the approaches thereto, so as to permit restoration of the Gap and provide adequate traffic capacity. (b) Upon construction, such highway and tunnel and all associated lands and rights-of-way shall be transferred to the National Park Service and managed as part of the Cumberland Gap National Historical Park. Sec. 161. highland scenic highway (a) The Secretary of Agriculture (acting through the Forest Service) is authorized to develop and construct as a parkway the Highland Scenic Highway from West Virginia State Route 39 to U.S. 250 near Barton Knob. Notwithstanding subsection (c) of section 103 of title 23, United States Code, such parkway shall be a route Ante, p. 274. on the Federal-aid secondary system. (b) The route from Richwood, West Virginia, to U.S. 250 near Barton Knob, via West Virginia State Route 39 and the parkway authorized by subsection (a) of this section shall be designated as the Highland Scenic Highway. (c) The Secretary of Agriculture is authorized to acquire rights-of-way, Land acquisition. land containing such rights-of-way, and interests in land, including scenic easements and mineral rights, necessary to carry out the purpose of a scenic highway. In addition to the acquisition of such lands and interests in lands, funds available for parkways shall be available for the reclamation of lands within the scenic corridor of the Highland Scenic Highway. (d) Funds available for parkways shall be available for signs on Interstate highways, Appalachian highways and other appropriate highways at natural points of access to such geographic area, indicating the direction and distance to the Highland Scenic Highway and to Richwood as “Gateway to the Highland Scenic Highway”. (e) Funds available for parkways shall be available for upgrading that portion of West Virginia State Route 39 designated as the Highland Scenic Highway to appropriate standards for a scenic and recreational highway, including the construction of vistas and other scenic improvements. (f) The Highland Scenic Highway as authorized by subsection (a) of this section and all associated lands and rights-of-way shall be managed as part of the Monongahela National Forest, solely for scenic and recreational use and passenger car travel. (g) The Highland Scenic Highway as authorized by subsection (a) Design and construction standards. of this section shall be designed and constructed in accordance with standards appropriate for a scenic highway, providing for moderate speeds and minimizing modification to topographic contours and natural drainage. (h) Construction of the, portion of the Highland Scenic Highway Upper Shavers Fork watershed portion, construction conditions. as authorized by subsection (a) of this section which is proposed to be constructed through the upper Shavers Fork watershed shall not be initiated until— (1) the Forest Service has acquired sufficient lands and interests in land (including mineral rights) in such watershed to assure an adequate scenic corridor for the Highland Scenic Highway and the control of water quality in Shavers Fork; and (2) the completion of a geological and soil survey of any proposed route, conducted in cooperation with the Division of Water Resources of the West Virginia Department of Natural Resources. (i) Any parkway authorized in the future to proceed southward in such area shall begin in the immediate vicinity of Richwood, West Virginia. (j) Any connection of the Highland Scenic Highway as authorized by subsection (a) of this section with Corridor H of the Appalachian Development Highway System or any more northerly segment of the Highland Scenic Highway shall utilize existing routes and not involve construction through the Monongahela National Forest between U.S. 250 and Cunningham Knob. Sec. 162. prohibition of discrimination on the basis of sex (a) Chapter 3 of title 23, United States Code is amended by adding at the end thereof the following new section: “§ 324. Prohibition of discrimination on the basis of sex “No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this title or carried on under this title. This provision will be enforced through agency provisions and rules similar to those already established, with, respect to racial and other discrimination, under title VI 78 Stat. 252. 42 USC 2000d. of the Civil Rights Act of 1964. However, this remedy is not exclusive and will not prejudice or cut. off any other legal remedies available to a discriminatee.” (b) The analysis of chapter 3, title 23, United States Code, is amended by adding at the end thereof the following: “324. Prohibition of discrimination on the basis of sex.”. Sec. 163. demonstration project—railroad-highway crossings (a) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out demonstration projects in Lincoln, Nebraska, Wheeling, West Virginia, and Elko. Nevada, for the relocation of railroad lines from the central area of the cities in conformance with the methodology developed under proposals submitted to the Secretary by the respective cities. The cities shall (1) have a local agency with legal authority to relocate railroad facilities, levy taxes for such purpose, and a record of prior accomplishment; and (2) have a current relocation plan for such lines which has a favorable benefit-cost ratio involving and having the unanimous approval of three or more class 1 railroads in Lincoln, Nebraska, and the two class 1 railroads in Wheeling, West Virginia, and Elko, Nevada, and multicivic, local, and State agencies, and which provides for the elimination of a substantial number of the existing railway-road conflict points within the city. (b) The Secretary of Transportation shall carry out a demonstration project for the elimination or protection of certain public ground-level rail-highway crossings in, or in the vicinity of, Springfield, Illinois. (c) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out demonstration projects in Brownsville, Texas, and Matamoros, Mexico, for the relocation of rail-road lines from the central area of the cities in conformance with the methodology developed under proposals submitted to the Secretary by the Brownsville Navigation District, providing for the construction of an international bridge and for the elimination of a substantial number of existing railway-road conflict points within the cities. (d) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in East Saint Louis, Illinois, for the relocation of rail lines between Thirteenth and Forty-third Streets, in accordance with methodology approved by the Secretary. The Secretary of Transportation shall carry out a demonstration project for the relocation of rail lines in the vicinity of Carbondale, Illinois. (e) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in New Albany, Indiana, for the elimination of the existing rail loop and relocation of rail lines to a location between Vincennes Street and East Eighth Street, in accordance with methodology approved by the Secretary. (f) The Secretary of Transportation shall carry out demonstration projects for the construction of an overpass at the rail-highway grade crossing on Cottage Grove Avenue between One Hundred Forty-second Street and One Hundred Thirty-eighth Street in the village of Dolton, Illinois, and the construction of an overpass at the rail-highway grade crossing at Vermont Street and the Rock Island Railroad tracks in the city of Blue Island, Illinois. (g) The Secretary of Transportation shall carry out a demonstration project for the elimination of the ground level railroad highway crossing on United States Route 69 in Greenville, Texas. (h) The Secretary of Transportation shall carry out a demonstration project in Anoka, Minnesota, for the construction of an underpass at. the Seventh Avenue and County Road 7 railroad-highway grade crossing. (i) The Federal share payable on account of such projects shall be that provided in section 120 of this title. 72 Stat. 898. 23 USC 120. Reports to President and Congress.   Appropriation. (j) The Secretary shall make annual reports and a final report to the President and the Congress with respect to his activities pursuant to this section. (k) There is authorized to be appropriated to carry out this section (other than subsection (1)) not to exceed $15,000,000 for the fiscal year ending June 30, 1974, $25,000,000 for the fiscal year ending June 30, 1975, and $50,000,000 for the fiscal year ending June 30, 1976, except that two-thirds of all funds authorized and expended under authority of this section in any fiscal year shall be appropriated out of the Highway Trust fund. (l) The Secretary, in cooperation with State highway departments Highway safety study. and local officials, shall conduct a full and complete investigation and study of the problem of providing increased highway safety by the relocation of railroad lines from the central area of cities on a nationwide basis, and report to the Congress his recommendations resulting Report to from such investigation and study not later than July 1, 1975, including an estimate of the cost of such a program. Funds authorized to carry out section 307 of title 23, United States Code, are authorized to 72 Stat. 913. be used to carry out the investigation and study required by this subsection. Sec. 164. financial assistance agreements (a) No Federal financial assistance shall be provided under (1) subsection (a) or (c) of section 142, title 23, United States Code, Ante, p. 259. Ante, p. 269.   78 Stat. 302. 49 USC 1601 note. (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) the Urban Mass Transportation Act of 1964, for the purchase of buses to any applicant for such assistance unless such applicant and the Secretary of Transportation shall have first entered into an agreement that such applicant will not engage in charter bus operations in competition with private bus operators outside of the, area within which such applicant provides regularly scheduled mass transportation service. A violation of such agreement shall bar such applicant from receiving any other Federal financial assistance under those provisions of law referred to in clauses (1), (2), and (3) of this subsection. (b) No Federal financial assistance shall be provided under (1) subsection (a) or (c) of section 142, title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) the Urban Mass Transportation Act of 1964, for the purchase of buses to any applicant for such assistance unless such applicant and the Secretary of Transportation shall have first entered into an agreement that such applicant will not engage in school bus operations, exclusively for the transportation of students and school personnel, in competition with private school bus operators. This subsection shall not apply to an applicant with respect to operation of a school bus program if the applicant operates a school system in the area to be served and operates a separate and exclusive school bus program for this school system. This subsection shall not apply unless private school bus operators are able to provide adequate transportation, at reasonable rates, and in conformance with applicable safety standards, and this subsection shall not apply with respect to any State or local public body or agency thereof if it (or a direct predecessor in interest from which it acquired the function of so transporting school children and personnel along with facilities to be used therefor) was so engaged in school bus operations any time during the twelve-month period immediately prior to the date of the enactment of this subsection. A violation of an agreement under this subsection shall bar such applicant from receiving any other Federal financial assistance under those provisions of law referred to in clauses (1), (2), and (3) of this subsection. Sec. 165. bus and other project standards (a) The Secretary of Transportation shall require that buses acquired with Federal financial assistance under (1) subsection (a) Ante, p. 259.   Ante, p. 269.   Ante, p. 274. or (c) of section 142 of title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) section 147 of the Federal-aid Highway Act of 1973 meet the standards prescribed by the Administrator of the Environmental Protection 84 Stat. 1690. 42 USC 1857f–1. 86 Stat. 1237. 42 USC 4905. Agency under section 202 of the Clean Air Act, and under section 6 of of the Noise Control Act of 1972, and shall authorize the acquisition, wherever practicable, of buses which meet the special criteria for low-emission vehicles set forth in section 212 of the Clean 84 Stat. 1700. 42 USC 1857f–6e. 86 Stat. 1245. 42 USC 4914. Air Act, and for low-noise-emission products set forth in section 15 of the noise Control Act of 1972. (b) The Secretary of Transportation shall assure that projects receiving Federal financial assistance under (1) subsection (a) or (c) of section 142 of title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) section 147 of the Federal-aid Highway Act of 1973 shall be planned and designed so that muss transportation facilities and services can effectively be utilized by elderly and handicapped persons who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability are unable without special facilities or special planning or design to utilize such facilities and services as effectively as persons not so affected.

18. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 148(c) · 87 Stat. 250

    Added · 23 U.S.C. § 103(d)(2)

    Pub. L. 93–87, § 148(c), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 93–87, § 148(c), added par. (2).

    Enacted provision · exact public law section
    (c) Section 103(d) of title 23, United States Code, is renumbered as section 103(d) (1) and a new subsection 103(d) (2) is added to read as follows: “(2) After June 30, 1976, the Federal-aid urban system shall be located in each urbanized area and such other urban areas as the State highway departments may designate and shall consist of arterial routes and collector routes, exclusive of urban extensions of the Federal-aid primary system. The routes on the Federal-aid urban system shall be designated by appropriate local officials, with the concurrence of the State highway departments, subject to the approval of the 84 Stat. 1716. Secretary as provided in subsection (f) of this section, and in the case of urbanized areas shall also be in accordance with the planning process 76 Stat. 1148; 84 Stat. 1737. 23 USC 134. required pursuant to the provisions of section 134 of this title.”

19. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 137(a) · 87 Stat. 250

    1. Substituted · 23 U.S.C. § 103(e)(2)

       Pub. L. 93–87, § 137(a), substituted in first sentence “additional mileage for the Interstate System of five hundred miles” for “additional mileage for the Interstate System of two hundred miles” respectively

    2. Substituted · 23 U.S.C. § 103(e)(2)

       Pub. L. 93–87, § 137(a), substituted in first sentence “1972 Interstate System cost estimate set forth in House Public Works Committee Print Numbered 92–29, as revised in House Report Numbered 92–1443” for “1968 Interstate System cost estimate set forth in House Document Numbered 199, Ninetieth Congress, as revised” respectively

    3. Substituted · 23 U.S.C. § 103(e)(2)

       Pub. L. 93–87, § 137(a), substituted in first sentence “preference, along with due regard for interstate highway type needs on a nationwide basis,” for “due regard” respectively

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 93–87, § 137(a), substituted in first sentence “additional mileage for the Interstate System of five hundred miles” for “additional mileage for the Interstate System of two hundred miles”; in fourth sentence “1972 Interstate System cost estimate set forth in House Public Works Committee Print Numbered 92–29, as revised in House Report Numbered 92–1443” for “1968 Interstate System cost estimate set forth in House Document Numbered 199, Ninetieth Congress, as revised”; and in fifth sentence “preference, along with due regard for interstate highway type needs on a nationwide basis,” for “due regard”, respectively.

    Enacted provision · exact public law section
    (a) Paragraph (2) of subsection (e) of section 103 of title 81 Stat. 772; 84 Stat. 1716. 23, United States Code, is amended as follows: (1) The first sentence is amended by striking out “additional mileage for the Interstate System of two hundred miles, to be used in making modifications” and inserting in lieu thereof “additional mileage for the Interstate System of five hundred miles, to be used in making modifications”. (2) The fourth sentence is amended by striking out “the 1968 Interstate. System cost estimate set forth in House Document Numbered 199, Ninetieth Congress, as revised.” and inserting in lieu thereof the following: “the 1972 Interstate System cost estimate set forth in House Public Works Committee Print Numbered 92–29, as revised in House Report Numbered 92–1443.” (3) The fifth sentence is amended by striking out “due regard” and inserting in lieu thereof the following: “preference, along with due regard for interstate highway type needs on a nationwide basis,”.

20. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 137(b) · 87 Stat. 250

    Added · 23 U.S.C. § 103(e)(4)

    Pub. L. 93–87, § 137(b), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 93–87, § 137(b), added par. (4).

    Enacted provision · exact public law section
    (b) Subsection (e) of section 103 of title 23, United States Code, is Ante, p. 268. amended by adding the following: “(4) Upon the joint request of a State Governor and the local government concerned, the Secretary may withdraw his approval of any route or portion thereof on the Interstate System within any urbanized area in that State selected and approved in accordance with this title prior to the enactment of this paragraph, if he determines that such route or portion thereof is not essential to completion of a unified and connected Interstate System or will no longer be essential by reason of the application of this paragraph and will not be constructed as a part of the Interstate System, and if he receives assurances that the State does not intend to construct a toll road in the traffic corridor which would be served by such route or portion thereof. The mileage of the route or portion thereof approval of which is withdrawn under this paragraph shall lie available for designation on the Interstate System in any other State in accordance with paragraph (1) of this subsection. After the Secretary has withdrawn his approval of any such route or portion thereof, whenever responsible local officials of such urbanized area notify the State highway department that, in lieu of a route or portion thereof approval for which is withdrawn under this paragraph, their needs require a nonhighway public mass transit project involving the construction of fixed rail facilities, or the purchase of passenger equipment, including rolling stock for any mode of mass transit, or both, and the State, highway department determines that such public mass transit project is in accordance with the planning process under section 134 of this title anti is entitled to priority 76 Stat. 1148; 84 Stat. 1737. 23 USC 134. under such planning process, such public mass transit project shall be submitted for approval to the Secretary. Approval of the plans, specifications, and estimates for such project by the Secretary shall be deemed a contractual obligation of the United States for payment out of the general funds in the Treasury of its proportional share of the cost of such project, in an amount equal to the Federal share which would be paid for such a project under the Urban Mass Transportation Act of 1964, except that the total Federal cost of all such projects 78 Stat. 302. 49 USC 1601 note. under this paragraph with respect to such route or portion thereof approval of which is withdrawn under this paragraph, shall not exceed the Federal share of the cost which would have been paid for such route or portion thereof, as such cost is included in the 1972 Interstate System cost estimate set forth in table 5 of House Public Works Committee Print Numbered 92–29, as revised in House Report Numbered 92–1443. Funds apportioned to such State for the Interstate System, which apportionment is based upon an Interstate System cost estimate that includes a route or portion thereof approval of which is withdrawn under this paragraph, shall be reduced by an amount equal to the Federal share of such project as such share becomes a contractual obligation of the United States. No general funds shall be obligated under authority of this paragraph after June 30, 1981. No nonhighway public mass transit project shall be approved under this paragraph unless the Secretary has received assurances satisfactory to him from the State that public mass transportation systems will fully utilize the proposed project. The provision of assistance under this paragraph shall not be construed as bringing within the application of chapter 15 of title 5, United States 80 Stat. 403. 5 USC 1501. Code, any nonsupervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable. Funds available for expenditure to carry out the purposes of this paragraph shall be supplementary to and not in substitution for funds authorized and available for obligation pursuant to the Urban Mass Transportation Act of 1964, as amended. The provisions of section 3(e)(4) of the Urban Mass Transportation 78 Stat. 302. 49 USC 1601 note. 49 USC 1602 Act of 1964, as amended, shall apply in carrying out this paragraph.”

21. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 110(a) · 87 Stat. 250

    1. Substituted · 23 U.S.C. § 103(g)

       Pub. L. 93–87, § 110(a), substituted first sentence reading “the Secretary, on July 1, 1974, shall remove from designation as a part of the Interstate System each segment of such system for which a State has not notified the Secretary that such State intends to construct such segment, and which the Secretary finds is not essential to completion of a unified and connected Interstate System.” for “The Secretary, on July 1, 1973, shall remove from designation as a part of the Interstate System every segment of such System for which a State has not established a schedule for the expenditure of funds for completion of construction of such segment within the period of availability of funds authorized to be appropriated for completion of the Interstate System, and with respect to which the State has not provided the Secretary with assurances satisfactory to him that such schedule will be met.” before “shall be removed from designation as a part of the Interstate System”; authorized the Secretary to designate as a part of the Interstate System any segment previously removed from the System when necessary in the interest of national defense or for other reasons of national interest; and made subsec. (g) inapplicable to any segment of the Interstate System referred to in section 23(a) of the Federal-Aid Highway Act of 1968

    2. Substituted · 23 U.S.C. § 103(g)

       Pub. L. 93–87, § 110(a), substituted first sentence reading “Any segment of the Interstate System, with respect to which a State has not submitted by July 1, 1975, a schedule for the expenditure of funds for completion of construction of such segment or alternative segment within the period of availability of funds authorized to be appropriated for completion of the Interstate System, and with respect to which the State has not provided the Secretary with assurances satisfactory to him such schedule will be met,” for “Any segment of the Interstate System with respect to which a State has not submitted plans, specifications, and estimates for approval by the Secretary by July 1, 1975,” before “shall be removed from designation as a part of the Interstate System”; authorized the Secretary to designate as a part of the Interstate System any segment previously removed from the System when necessary in the interest of national defense or for other reasons of national interest; and made subsec. (g) inapplicable to any segment of the Interstate System referred to in section 23(a) of the Federal-Aid Highway Act of 1968

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 93–87, § 110(a), substituted first sentence reading “the Secretary, on July 1, 1974, shall remove from designation as a part of the Interstate System each segment of such system for which a State has not notified the Secretary that such State intends to construct such segment, and which the Secretary finds is not essential to completion of a unified and connected Interstate System.” for “The Secretary, on July 1, 1973, shall remove from designation as a part of the Interstate System every segment of such System for which a State has not established a schedule for the expenditure of funds for completion of construction of such segment within the period of availability of funds authorized to be appropriated for completion of the Interstate System, and with respect to which the State has not provided the Secretary with assurances satisfactory to him that such schedule will be met.”; deleted former second sentence reading “Nothing in the preceding sentence shall be construed to prohibit the substitution prior to July 1, 1973, of alternative segments of the Interstate System which will meet the requirements of this title.”; substituted “Any segment of the Interstate System, with respect to which a State has not submitted by July 1, 1975, a schedule for the expenditure of funds for completion of construction of such segment or alternative segment within the period of availability of funds authorized to be appropriated for completion of the Interstate System, and with respect to which the State has not provided the Secretary with assurances satisfactory to him such schedule will be met,” for “Any segment of the Interstate System with respect to which a State has not submitted plans, specifications, and estimates for approval by the Secretary by July 1, 1975,” before “shall be removed from designation as a part of the Interstate System”; authorized the Secretary to designate as a part of the Interstate System any segment previously removed from the System when necessary in the interest of national defense or for other reasons of national interest; and made subsec. (g) inapplicable to any segment of the Interstate System referred to in section 23(a) of the Federal-Aid Highway Act of 1968.

    Enacted provision · exact public law section
    (a) Section 103(g) of title 23, United States Code, is 84 Stat. 1729. amended to read as follows: “(g) The Secretary, on July 1, 1974, shall remove from designation as a part of the Interstate System each segment of such system for which a State has not notified the Secretary that such State intends to construct such segment, and which the Secretary finds is not essential to completion of a unified and connected Interstate System. Any segment of the Interstate System, with respect to which a State has not submitted by July 1, 1975, a schedule for the expenditure of funds for completion of construction of such segment or alternative segment within the period of availability of funds authorized to be appropriated for completion of the Interstate System, and with respect to which the State has not provided the Secretary with assurances satisfactory to him that such schedule will be met, shall be removed from designation as a part of the Interstate System. No segment of the Interstate System removed under the authority of the preceding sentence shall thereafter be designated as a part of the Interstate System except as the Secretary finds necessary in the interest of national defense or for other reasons of national interest. This subsection shall not be applicable to any segment of the Interstate System referred to in section 82 Stat. 827. D.C. Code 7–135 note. 72 Stat. 887; Ante, p. 255. 23(a) of the Federal-Aid Highway Act of 1968.”

22. 1973

    Federal-Aid Highway Act of 1973

    Pub. L. 93–87 § 110(b) · 87 Stat. 250

    Added · 23 U.S.C. § 103(h)

    Pub. L. 93–87, § 110(b), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 93–87, § 110(b), added subsec. (h).

    Enacted provision · exact public law section
    (b) Section 103 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(h) Notwithstanding subsections (e)(2) and (g) of this section, in any case where a segment of the Interstate System was a designated part of such System on June 1, 1973, and is entirely within the boundaries of an incorporated city and such city enters into an agreement with the Secretary to pay all non-Federal costs of construction of such segment, such segment shall be constructed.”

23. 1975

    Federal-Aid Highway Amendments of 1974

    Pub. L. 93–643 § 125 · 88 Stat. 2281

    Inserted · 23 U.S.C. § 103(e)(2); 23 U.S.C. § 103(e)(4)

    Pub. L. 93–643 inserted “, increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof as of the date of withdrawal of approval under this paragraph and in accordance with that design of such route or portion thereof which is the basis of such 1972 cost estimate” after “House Report Numbered 92–1443”

    Source evidence

    Code amendment note
    Subsec. (e)(2), (4). Pub. L. 93–643 inserted “, increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof as of the date of withdrawal of approval under this paragraph and in accordance with that design of such route or portion thereof which is the basis of such 1972 cost estimate” after “House Report Numbered 92–1443”.

    Enacted provision · exact public law section
    Sec. 125. route withdrawals (a) Section 103(e)(2) of title 23 of the United States Code is amended by striking out the period following “House Report Numbered 92–1443” and inserting in lieu thereof a comma and the following: “increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof as of the date of withdrawal of approval under this paragraph and in accordance with that design of such route or portion thereof which is the basis of such 1972 cost estimate.” (b) Section 103(e)(4) of title 23 of the United States Code is amended by striking out the period following “House Report Numbered 92–1443” and inserting in lieu thereof a comma and the following: “increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof as of the date of withdrawal of approval under this paragraph and in accordance with that design of such route or portion thereof which is the basis of such 1972 cost estimate.”

24. 1976

    Federal-Aid Highway Act of 1976

    Pub. L. 94–280 title I · 90 Stat. 425

    1. Struck · 23 U.S.C. § 103(e)(2)

       Pub. L. 94–280, §§ 109(a), 111(a), struck out from second sentence “prior to the enactment of this paragraph” after “with this title,” and in fourth sentence

    2. Substituted · 23 U.S.C. § 103(e)(2)

       Pub. L. 94–280, §§ 109(a), 111(a), substituted provision respecting limitation of cost to United States for aggregate of mileage for route withdrawals which read as follows: “or if the cost of any such withdrawn route was not included in such 1972 Interstate System cost estimate, the cost of such withdrawn route as set forth in the last Interstate System cost estimate before such 1972 cost estimate which was approved by Congress and which included the cost of such withdrawn route, increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof, which, (i) in the case of a withdrawn route the cost of which was not included in the 1972 cost estimate but in an earlier cost estimate, have occurred between such earlier cost estimate and the date of enactment of the Federal-Aid Highway Act of 1976, and (ii) in the case of a withdrawn route the cost of which was included in the 1972 cost estimate, have occurred between the 1972 cost estimate and the date of enactment of the Federal-Aid Highway Act of 1976, or the date of withdrawal of approval, whichever date is later, and in each case costs shall be based on that design of such route or portion thereof which is the basis of the applicable cost estimate” for “increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof as of the date of withdrawal of approval under this paragraph and in accordance with that design of such route or portion thereof which is the basis of such 1972 cost estimate.”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 94–280, §§ 109(a), 111(a), struck out from second sentence “prior to the enactment of this paragraph” after “with this title,” and in fourth sentence, substituted provision respecting limitation of cost to United States for aggregate of mileage for route withdrawals which read as follows: “or if the cost of any such withdrawn route was not included in such 1972 Interstate System cost estimate, the cost of such withdrawn route as set forth in the last Interstate System cost estimate before such 1972 cost estimate which was approved by Congress and which included the cost of such withdrawn route, increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof, which, (i) in the case of a withdrawn route the cost of which was not included in the 1972 cost estimate but in an earlier cost estimate, have occurred between such earlier cost estimate and the date of enactment of the Federal-Aid Highway Act of 1976, and (ii) in the case of a withdrawn route the cost of which was included in the 1972 cost estimate, have occurred between the 1972 cost estimate and the date of enactment of the Federal-Aid Highway Act of 1976, or the date of withdrawal of approval, whichever date is later, and in each case costs shall be based on that design of such route or portion thereof which is the basis of the applicable cost estimate” for “increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof as of the date of withdrawal of approval under this paragraph and in accordance with that design of such route or portion thereof which is the basis of such 1972 cost estimate.”

    Enacted provision · exact public law
    TITLE I Sec. 101. short title This tide may be cited as the “Federal-Aid Highway Act of 1976”. Sec. 102. revision of authorization for appropriations for the interstate system (a) Subsection (b) of section 108 of the Federal-Aid Highway Act of 1956, as amended, is amended by striking out “the 23 USC 101 note. additional sum of $3,250,000,000 for the fiscal year ending June 30, 1978, and the additional sum of $3,250,000,000 for the fiscal year ending June 30, 1979.”, and by inserting in lieu thereof the following: “the additional sum of $3,250,000,000 for the fiscal year ending September 30, 1978, the additional sum of $3,250,000,000 for the fiscal year ending September 30, 1979, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1980, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1981, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1982, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1983, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1984, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1985, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1986, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1987, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1988, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1989, and the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1990.”. (b) (1) At least 30 per centum of the apportionment made to each State for each of the fiscal years ending September 30, 1978, and September 30, 1979, of the sums authorized in subsection (a) of this section shall be expended by such State for projects for the construction of intercity portions (including beltways) which will close essential gaps in the Interstate System and provide a continuous System. (2) The Secretary of Transportation snail report to Congress before Report to Congress. October 1, 1976, on those intercity portions of the Interstate System the construction of which would be needed to close essential gaps in the System. (3) A State which does not have sufficient projects to meet the 30 per centum requirement of paragraph (1) of this subsection may, upon approval of the Secretary of Transportation, be exempt from the requirements of such paragraph to the extent of such inability. (c) No part of the funds authorized by section 108(b) of the Federal-Aid 23 USC 101 note. Highway Act of 1956, as amended, for the Interstate System, shall be obligated for any project for resurfacing, restoring, or rehabilitating any portion of the Interstate System. Sec. 103. authorization of use of cost estimates for apportionment of interstate funds The Secretary of Transportation shall apportion for the fiscal year eliding September 30, 1978, the sums authorized to be appropriated for such periods by section 108(b) of the Federal-Aid Highway Act of 1956, as amended, for expenditures on the National System of Interstate and Defense Highways, using the apportionment factors contained in revised table 5 of Committee Print 94–38 of the Committee on Public Works and Transportation of the House of Representatives. Sec. 104. transition quarter authorization (a) There is hereby authorized to be appropriated, out of the Highway Trust Fund, $1,637,390,000 for the transition quarter ending September 30, 1976, for those projects authorized by title 23 of the United. States Code, the approval of which creates a contractual obligation of the United States for payment out of the Highway Trust Fund of the Federal share of such projects except those authorized by 23 USC 142. section 142 of such title, and those on the Interstate System (other than as permitted in subsection (b)). Such sums shall be apportioned or allocated on the date of enactment of this Act among the States, as follows: (1) 60 per centum according to the formula established under section 104(b)(1) of title 23, United States Code, as such section is in effect on the day preceding the date of enactment of this Act. (2) 40 per centum in the ratio which the population of each State bears to the total population of all the States shown by the latest available Federal census. (b) Any State which received less than one-half of 1 per centum of the apportionment made under section 104(b)(5) of title 23, United States Code, for the Interstate System for fiscal year 1977 may expend all or any part of its apportionment under this section for projects on the Interstate System in such State. (c) There is hereby authorized to lie appropriated out of the Highway Trust Fund, for the transition quarter ending September 30, 1976, $8,250,000 for forest highways, and $4,000,000 for public lands highways. Such sums shall be apportioned or allocated on the date of enactment, of this Act in accordance with section 202 of title 23, United States Code. (d) There is authorized to be appropriated, out of the Highway Trust Fund, for the transition quarter ending September 30, 1976, $120,000 to the Virgin Islands, $120,000 to Guam, and $120,000 to American Samoa, for projects and programs under sections 152, 153, and 402 of title 23, United States Code, such sums shall be apportioned on the date of enactment of this Act in accordance with section 402(c) of title 23, United States Code. Sec. 105. highway authorizations (a) For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to be appropriated: (1) For the Federal-aid primary system in rural areas, including the extensions of the Federal-aid primary system in urban areas, and the priority primary routes, out of the Highway Trust Fund, $1,350,000,000 for the fiscal year ending September 30, 1977, and $1,350,000,000 for the fiscal year ending September 30, 1978. For the Federal-aid secondary system in rural areas, out of the Highway Trust Fund, $400,000,000 for the fiscal year ending September 30, 1977, and $400,000,000 for the fiscal year ending September 30, 1978. (2) For the Federal-aid urban system, out of the Highway Trust Fund, $800,000,000 for the fiscal year ending September 30, 1977, and $800,000,000 for the fiscal year ending September 30, 1978. (3) For forest highways, out of the Highway Trust Fund, $33,000,000 for the fiscal year ending September 30, 1977, and $33,000,000 for the fiscal year ending September 30, 1978. (4) For public lands highways, out of the Highway Trust Fund, $16,000,000 for the fiscal year ending September 30, 1977, and $16,000,000 for the fiscal year ending September 30, 1978. (5) For forest development roads and trails. $35,000,000 for the three-month period ending September 30, 1976, $140,000,000 for the fiscal year ending September 30, 1977, and $140,000,000 for the fiscal year ending September 30, 1978. (6) For public lands development roads and trails, $2,500,000 for the three-month period ending September 30, 1976, $10,000,000 for the fiscal year ending September 30, 1977, and $10,000,000 for the fiscal year ending September 30, 1978. (7) For park roads and trails, $7,500,000 for the three-month period ending September 30, 1976, $30,000,000 for the fiscal year ending September 30, 1977, and $30,000,000 for the fiscal year ending September 30, 1978. (8) For parkways, $11,250,000 for the three-month period ending September 30, 1976, $45,000,000 for the fiscal year ending September 30, 1977, and $45,000,000 for the fiscal year ending September 30, 1978, except that the entire cost of any parkway project on any Federal-aid system paid under the authorization contained in this paragraph shall be paid from the Highway Trust Fund. (9) For Indian reservation roads and bridges, $20,750,000 for the three-month period ending September 30, 1976, $83,000,000 for the fiscal year ending September 30, 1977, and $83,000,000 for the fiscal year ending September 30, 1978. (10) For economic growth center development highways under section 143 of title 23, United States Code, out of the Highway Trust Fund, $50,000,000 for the fiscal year ending September 30, 1977, and $50,000,000 for t he fiscal year ending September 30, 1978. (11) For necessary administrative expenses in carrying out section 131 and section 136 of title 23, United States Code, $375,000 for the three-month period ending September 30, 1976. $1,500,000 for the fiscal year ending September 30, 1977, and $1,500,000 for the fiscal year ending September 30, 1978. (12) For carrying out section 215(a) of title 23, United States 23 USC 215 note. Code— (A) for the Virgin Islands, not to exceed $1,250,000 for the three-month period ending September 30, 1976, not to exceed $5,000,000 for the fiscal year ending September 30, 1977, and not to exceed $5,000,000 for the fiscal year ending September 30, 1978. (B) for Guam, not to exceed $1,250,000 for the three-month period ending September 30, 1976, not to exceed $5,000,000 for the fiscal year ending September 30, 1977, and not to exceed $5,000,000 for the fiscal year ending September 30, 1978. (C) for American Samoa, not to exceed $250.01)0 for the three-month period ending September 30, 1976, not to exceed $1,000,000 for the fiscal year ending September 30, 1977, and not to exceed $1,000.000 for the fiscal year ending September 30, 1978. Sums authorized by this paragraph shall be available for obligation at the beginning of the period for which authorized in the same manner and to the same extent as if such sums were apportioned under 23 USC 101 et seq. chapter 1 of title 23, United States Code. (13) For authorized landscaping, including, but not limited to, the planting of flowers and shrubs indigenous to the area, and for litter removal an additional $25,000,000 for the fiscal year ending September 30, 1977 and $25.000,000 for the fiscal year ending September 30, 1978. (14) For the Great River Road, $2,500,000 for the three-month period ending September 30, 1976, $10,000,000 for the fiscal year ending September 30, 1977, and $10,000,060 for the fiscal year ending September 30, 1978, for construction or reconstruction of roads not on a Federal-aid highway system; and out of the Highway Trust Fund, $6,250,000 for the three-month period ending September 30, 1976, $25,000.000 for the fiscal year ending September 30, 1977, and $25,000,000 for the fiscal year ending September 30, 1978, for construction or reconstruction of roads on a Federal-aid highway system. (15) For control of outdoor advertising under section 131 of title 23, United States Code, $25,000,000 for the fiscal year ending September 30, 1977, and $25,000,000 for the fiscal year ending September 30, 1978. (16) For control of junkyards under section 136 of title 23, United States Code, $15,000.000 for the fiscal year ending September 30, 1977, and $15,000,000 for the fiscal year ending September 30, 1978. (17) For safer off-system roads under section 219 of title 23, United States Code. $200,000,000 for the fiscal year ending September 30, 1977, and $200,000,000 for the fiscal year ending September 30, 1978. (18) For access highways under section 155 of title 23, United States Code, $3,750,000 for the three-month period ending September 30, 1976, $15,000,000 for the fiscal year ending September 30, 1977, and $15,000,000 for the fiscal year ending September 30, 1978. (19) Nothing in the first ten paragraphs or in paragraph (12), (13), (14), (17), or (18) of this section shall be construed to authorize the appropriation of any sums to carry out sections 131, 136, or chapter 23 USC 401 et seq. 23 USC 104 note. 4 of title 23, United States Code. (b) (1) For each of the fiscal ye a re 1978 and 1979 no State, including the State of Alaska, shall receive less than one-half of 1 per centum of the total apportionment for the Interstate System under section 104(b)(5) of title 23, United States Code. Whenever amounts made available under this subsection for the Interstate System in any State exceed the estimated cost of completing that State’s portion of the Interstate System, and exceed the estimated cost-of necessary resurfacing, restoration, and rehabilitation of the Interstate System within such State, the excess amount shall be transferred to and added to the amounts last apportioned to such State under paragraphs (1), (2) and (6) of section 104(b) in the ratio which these respective amounts 23 USC 104. bear to each other in that State, and shall thereafter be available for expenditure in the same manner and to the same extent as the amounts to which they are added. In order to carry out this subsection, there are authorized to be appropriated, out of the Highway Trust Fund, not to exceed $01,000,000 for the fiscal year ending September 30, 1978, and $125,000,000 for the fiscal year ending September 30, 1979. (2) In addition to funds otherwise authorized, $65,000,000 for the fiscal year ending September 30, 1977, arid $65,000,000 for the fiscal year ending September 30, 1978, out of the Highway Trust Fund, are hereby authorized for the purpose of completing projects approved under the urban high density traffic program prior to the enactment of this paragraph. Such sums shall be in addition to sums previously authorized. (c) (1) In the case of priority primary routes, $50,000,000 of the sum authorized for fiscal year ending September 30, 1977, by the amendment made by subsection (a)(1) of this section, shall not lie apportioned. Such $50,000,000 shall lie available for obligation on July 1, 1976, in the same manner and to the same extent as sums apportioned for fiscal year 1977 except that such $50,000,000 shall be available for obligation at the discretion of the Secretary of Transportation only for projects of unusually high cost which require long periods of time for their construction. Any part, of such $50,000,000 not obligated by such Secretary before October 1, 1977, shall be immediately apportioned in the same manner as funds apportioned on October 1, 1977, for priority primary routes and available for obligation for the same period as such apportionment. (2) In the case of priority primary routes, $50,000,000 of the sum authorized for the fiscal year ending September 30, 1978, by the amendment made by subsection (a)(1) of this section, shall not be apportioned. Such $50,000,000 of such authorized sum shall be available for obligation on the date of such apportionment, in the same manner and to the same extent as the sums apportioned on such date, except that such $50,000,000 shall be available for obligation at the discretion of the Secretary of Transportation only for projects of unusually high cost which require long periods of time for their construction. Any part of such $50,000,000 not obligated by such Secretary before October 1, 1978, shall be immediately apportioned in the same manner as funds apportioned on October 1, 1978, for such routes, and available for obligation for the same period as such apportionment. Sec. 106. interstate system resurfacing (a) In addition to any other funds authorized for the Interstate System, there is authorized to be appropriated out of the Highway Trust Fund not to exceed $175,000,000 for the fiscal year ending September 30, 1978, and $175,000,000 for the fiscal year ending September 30, 1979. Such sums shall be obligated only for projects for resurfacing, restoring, and rehabilitating those lanes on the Interstate System which have been in use for more than five years and which are not on toll roads. (b) Paragraph (5) of subsection (b) of section 104 of title 23, United States Code, is amended by inserting “(A) Except as provided in subparagraph (B)—” immediately after “(5)” and by adding at the end of such paragraph the following: “(B) For resurfacing, restoring, and rehabilitating the Interstate System: “In the ratio which the lane mites on the Interstate System which have been in use for more than five years (other than those on toll roads) in each State bears to the total of the lane miles on the Inter-State System which have been in use for more than five years (other than those on toll roads) in all States.”. Sec. 107. extension of time for completion of system (a) The second sentence of the second paragraph of section 101(b) of title 23, United States Code, is amended by striking out “twenty-three years” and inserting in lieu thereof “thirty-four years” and by striking out “June 30, 1979”, and inserting in lieu thereof “September 30, 1990”. (b) (1) The introductory phrase and the second and third sentences of section 104(b)(5) of title 23, United States Code, are amended by striking out “1979” each place it appears and inserting in lieu thereof at each such place “1990”. (2) The last four sentences of such section 104(b)(5) are amended to read as follows: “Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimate in making the apportionment for the fiscal year ending September 30, 1977. The Secretary shall make the apportionment tor the fiscal year ending September 30, 1978, in accordance, with section 103 of the Federal-Aid Cost estimates, transmittal to Congress. Highway Act of 1976. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above, and transmit the same, to the Senate and the House of Representatives within ten days subsequent to January 2, 1977. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1979, and September 30, 1980. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1979. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1981, and September 30, 1982. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1981. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1983, and September 30, 1984. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account, all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1983. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1985, and September 30, 1986. The Secretary shall make, a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1985. Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1987, and September 30, 1988. The Secretary shall make a revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section in the same manner as stated above and transmit the same to the Senate and the I louse of Representatives within ten days subsequent to January 2, 1987, Upon the approval by Congress, the Secretary shall use the Federal share of such approved estimates in making apportionments for the fiscal years ending September 30, 1989, and September 30, 1990. Whenever the Secretary, pursuant to this subsection, requests and receives estimates of cost from the State highway departments, he shall furnish copies of such estimates at the same time to the Senate and the House of Representatives.”. Sec. 108. definitions (a) Subsection (a) of section 101 of title 23, United States Code, is amended as follows: (1) The definition of the term “construction” is amended by inserting immediately after “Commerce)”, the following “resurfacing, restoration, and rehabilitation,”. (2) The definition of the term “urban area” is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “except in the case of cities in the State of Maine and in the State of New Hampshire,”. (b) Section 101(a) of title 23, United States Code, is amended by adding the following definition after “public lands highways”: “The term ‘public road’ means any road or street under the jurisdiction of and maintained by a public authority and open to public travel.”. Sec. 109. eligibility for withdrawal (a) The second sentence of paragraph (2) of subsection (e) of section 103 of title 23, United States Code, is amended by striking out “prior to the enactment of this paragraph”. (b) Section 103(e) of title 23, United States Code, is amended by adding the following new paragraph at the end thereof: “(5) Interstate mileage authorized for any State and withdrawn and transferred under the provisions of paragraph (2) of this subsection after the date of enactment of the Federal-Aid Highway Act of 1976, must be constructed by the State receiving such mileage as part of its Interstate System, Any State receiving such transfer of mileage may not, with respect to that transfer, avail itself of the optional use of Interstate funds under the second sentence of paragraph (4) of this subsection.”. Sec. 110. interstate system (a) Section 103(e)(4) of title 23, United States Code, is amended to read as follows: “(4) Upon the joint request of a State Governor and the local governments concerned, the Secretary may withdraw his approval of any route or portion thereof on the Interstate System which is within an urbanized area or which passes through and connects urbanized areas within a State and which was selected and approved in accordance with this title, if he determines that such route or portion thereof is not essential to completion of a unified and connected Interstate System and if he receives assurances that the State does not intend to construct a toll road in the traffic corridor which would be served by the route or portion thereof. When the Secretary withdraws his approval under this paragraph, a sum equal to the Federal share of the cost to complete the withdrawn route or portion thereof, as that cost is included in the latest Interstate System cost estimate approved by Congress, subject to increase or decrease, as determined by the Secretary based on changes in construction costs of the withdrawn route or portion thereof as of the date of enactment of the Federal-Aid Highway Act of 1976 or the date of approval of each substitute project under this paragraph, whichever is later, and in accordance with (he design of the route or portion thereof that is the basis of the latest cost estimate, shall be available to the Secretary to incur obligations for the Federal share of either public mass transit projects involving the construction of fixed rail facilities or the purchase of passenger equipment including rolling stock, for any mode of mass transit, or both, or projects authorized under any highway assistance program under section 103 of this title; or both, which will serve the urbanized area and the connecting non-urbanized area corridor from which the Interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the urbanized area or area to be served, and which are submitted by the Governor of the State in which the withdrawn route was located. Approval by the Secretary of the plans, specifications, and estimates for a substitute project shall be deemed to be a contractual obligation of the Federal Government. The Federal share of the substitute projects shall be determined in accordance with the provisions of section 120 of this title applicable to the highway program of which the substitute project is a part, except that in the ease of mass transit projects, the Federal share shall be that specified in section 4 of the 49 USC 1603. Urban Mass Transportation Act of 1964, as amended. The sums available for obligation shall remain available until obligated. The sums obligated for mass transit projects shall become part, of, and be administered through, the Urban Mass Transportation Fund. There are authorized to be appropriated for liquidation of the obligations incurred under this paragraph such sums as may be necessary out of the general fund of the Treasury. Unobligated apportionments for the Interstate System in any State where a withdrawal is approved under this paragraph shall, on the date of such approval, be reduced in the proportion that the Federal share of the cost of the withdrawn route or portion thereof bears to the Federal share of the total cost of all Interstate routes in that State as reflected in the latest cost estimate approved by the Congress. In any State where the withdrawal of an Interstate route or portion thereof has been approved under section 103(e)(4) of this title prior to the date of enactment of the Federal-Aid Highway Act of 1976, the unobligated apportionments for the Interstate System in that State on the date of enactment of the Federal-Aid Highway Act of 1976 shall be reduced in the proportion that the Federal share of the cost to complete such route or portion thereof, as shown on the latest cost, estimate approved by Congress prior to such approval of withdrawal, bears to the Federal share of the cost of all Interstate routes in that State, as shown on such cost estimate, except that the amount of such proportional reduction shall be credited with the amount of any reduction in such State’s Interstate apportionment which was attributable to the Federal share of any substitute project approved under this paragraph prior to enactment of such Federal-Aid Highway Act. Funds available for expenditure to carry out the purposes of this paragraph shall be supplementary to and not in substitution for funds authorized and available for obligation pursuant to the Urban Mass Transportation Act of 1964, as amended. 49 USC 1601 note. The provisions of this paragraph as amended by the Federal-Aid Highway Act of 1976, shall be effective as of August 13, 1973.”. (b) Section 103(e)(4) of title 23, United States Code, is further amended by adding the following sentence at the end thereof: “In the event a withdrawal of approval is accepted pursuant to this section, the State shall not be required to refund to the Highway Trust Fund any sums previously paid to the State for the withdrawn route or portion of the Interstate System as long as said sums were applied to a transportation project permissible under this title.”. Sec. 111. route withdrawals (a) The existing fourth sentence of paragraph (2) of subsection (e) of section 103 of title. 23, United States Code, is amended by striking out “increased or decreased,” and all that follows down through and including the period at the end thereof and inserting in lieu thereof the following: “or if the cost of any such withdrawn route was not included in such 1972 Interstate System cost estimate, the cost of such withdrawn route as set forth in the last Interstate System cost estimate lief ore such 1972 cost estimate winch was approved by Congress and which included the cost of such withdrawn route, increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof, which, (i) in the case of a withdrawn route the cost of which was not included in the 1972 cost estimate but in an earlier cost estimate, have occurred between such earlier cost estimate and the date of enactment of the Federal-Aid Highway Act of 1976, and (ii) in tire case of a withdrawn route the cost of which was included in the 1972 cost estimate, have occurred between the 1972 cost estimate and the date of enactment of the Federal-Aid Highway Act of 1976, or the date of withdrawal of approval, whichever date is later, and in each case costs shall be based on that design of such route or portion thereof which is the basis of the applicable cost estimate.”. (b) The amendment made by subsection (a) of this section shall be 23 USC 103 note. applicable to each route on the Interstate System approval of which was withdrawn or is hereafter withdrawn by the Secretary of Transportation in accordance with the provisions of section 103(e)(2) of title 23, United States Code, including any route on the Interstate System approval of which was withdrawn by the Secretary of Transportation in accordance with the provisions of title 23, United States Code, on August 30, 1965, for the purpose of designating an alternative route. Sec. 112. apportionments (a) Section 104(b) of title 23, United States Code, is amended by striking “On or before January 1 next preceding the commencement of each fiscal year, except as provided in paragraphs (4) and (5) of this subsection,” and inserting in lieu thereof “On October 1 of each fiscal year except as provided in paragraphs (4) and (5) of this subsection,”. (b) Section 104(b)(1) of title 23, United States Code, is amended to read as follows: “(1) For the Federal-aid primary system (including extensions in urban areas and priority primary routes)— “Two-thirds according to the following formula: one-third in the ratio which the area of each State bears to the total area of all the States, one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States as shown by the latest available Federal census, and one-third in the ratio which the mileage of rural delivery routes and intercity mail routes where service is performed by motor vehicles in each State bear to the total mileage of rural delivery and intercity mail routes where service is performed by motor vehicles, as shown by a certificate of the Postmaster General, which he is directed to make and furnish annually to the Secretary; and one-third as follows: in the ratio which the population in urban areas in each State bears to the total population in urban areas in all the States as shown by the latest Federal census. No State (other than the District of Columbia) shall receive less than one-hit If of 1 per centum of each year’s apportionment.”. (c) Section 104(b)(3) of title 23, United States Code, is repealed. (d) Section 104(e) of title 23, United States Code, is amended to read as follows: “(e) On October 1 of each fiscal year the Secretary shall certify to each of the State highway departments the stuns which he has apportioned hereunder (other than under subsection (b)(5) of this section) to each State for such fiscal year, and also the sums which he has deducted for administration and research pursuant to subsection (a) of this section. On October 1 of the year preceding the fiscal year for which authorized, the Secretary shall certify to each of the State high-way departments the sums which he has apportioned under subsection (b)(5) of this section to each State for such fiscal year, and also the sums which he has deducted for administration and research pursuant to subsection (a) of this section. To permit the States to develop adequate plans for the utilization of apportioned sums, the Secretary shall advise each State of the amount that will be apportioned each year under this section not later than ninety days before the beginning of the fiscal year for which the sums to be apportioned are authorized, except that in the case of the Interstate System the Secretary shall advise each State ninety days prior to the apportionment of such funds.”. (e) Section 104(f)(1) of title 23, United States Code, is amended by striking out “On or before January 1 next preceding the commencement” and inserting in lieu thereof “On October 1”. Section 104(f)(1) is further amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “except that in the case of funds authorized for apportionment on the Interstate System, the Secretary shall set aside that portion of such funds (subject to the overall limitation of one-half of 1 per centum) on October 1 of the year next preceding the fiscal year for which such funds are authorized for such System.”. (f) Section 104(f)(3) of title 23, United States Code, is amended by striking out the period at the end of the first sentence and inserting in lieu thereof “, except that States receiving the minimum apportionment under paragraph (2) may, in addition, subject to the approval of the Secretary, use the funds apportioned to finance transportation planning outside of urbanized areas.”. (g) Section 104(b)(5) of title 23, United States Code, is amended by striking out “a date as far in advance of the beginning of the fiscal year for which authorized as practicable but in no case more than eighteen months prior to the beginning of the fiscal year for which authorized.” and inserting in lieu thereof the following: “October 1 of the year preceding the fiscal year for which authorized.”. (h) Notwithstanding any other provision of this Act, including any amendments made by this Act, funds authorized by this Act (other than for the Interstate System) for the transition quarter ending September 30, 1976, and for the fiscal year ending September 30, 1977, shall be apportioned on July 1, 1976, except as otherwise provided in section 104. Sec. 113. transferability (a) Subsections (c) and (d) of section 104 of title 23, United States Code, are amended to read as follows: “(c) (1) Subject to subsection (d), the amount apportioned in any fiscal year, commencing with the apportionment of funds authorized to be appropriated under subsection (a) of section 102 of the Federal-Aid Highway Act of 1956 (70 Stat. 374), to each State in accordance 23 USC 104 note. with paragraph (1) or (2) of subsection (b) of this section may be transferred from the apportionment under one paragraph to the apportionment under the other paragraph if such a transfer is requested by the State highway department and is approved by the Governor of such State and the Secretary as being in the public interest. “(2) Subject to subsection (d), the amount apportioned in any fiscal year to each State in accordance with paragraph (1) or (6) of subsection (b) of this section may be transferred from the apportionment under one paragraph to the apportionment under the other paragraph if such transfer is requested by the State highway department and is approved by the Governor of such State and the Secretary as being in the public interest. Funds apportioned in accordance with paragraph (6) of subsection (b) of this section shall not be transferred from their allocation to any urbanized area of two hundred thousand population or more under section 150 of this title, without the approval 23 USC 150. of the local officials of such urbanized area. “(d) Each transfer of apportionments under subsection (c) of this section shall be subject to the following conditions: “(1) In the case of transfers under paragraph (1), the total of all transfers during any fiscal year to any apportionment shall not increase the original amount of such apportionment for such fiscal year by more than 40 per centum. Not more than 40 per centum of the original amount of an apportionment for any fiscal year shall be transferred to other apportionments. “(2) In the case of transfers under paragraph (2), the total of all transfers during any fiscal year to any apportionment shall not increase the original amount of such apportionment for such fiscal year by more than 20 per centum. Not more than 20 per centum of the original amount of an apportionment for any fiscal year shall be transferred to other apportionments. “(3) No transfer shall be made from an apportionment during any fiscal year if during such fiscal year a transfer has been made to such apportionment. “(4) No transfer shall be made to an apportionment during any fiscal year if during such fiscal year a transfer has been made from such apportionment.”. (b) The amendment made by subsection (a) of this section shall Effective dates. 23 USC 104 note. take effect on July 1, 1976, and shall be applicable with respect to funds authorized for the fiscal year ending September 30, 1977, and for subsequent fiscal years. With respect to the fiscal year 1976 and earlier fiscal years, the provisions of subsections (c) and (cl) of section 104 of title 23. United States Code, as in effect on June 30, 1976, shall remain applicable to funds authorized for such years. Sec. 114. construction estimates Section 106(e) of title 23, United States Code, is amended to read as follows: “(c) Items included in any such estimate for construction engineering shall not exceed 10 per centum of the total estimated cost of a project financed with Federal-aid highway funds, after excluding from such total estimate cost, the estimated costs of rights-of-way, preliminary engineering, and construction engineering. However, this limitation shall be 15 per centum in any State with respect to which the Secretary finds such higher limitation to be necessary.”. Sec. 115. advance acquisition of rights-of-way (a) Paragraph (2) of subsection (c) of section 108 of title 23, United States Code, is amended by striking out “made pursuant to section 133 or chapter 5 of this title”. (b) Section 108(a) of title 23, United States Code, is amended by inserting after “request is made” the words “unless a longer period is determined to be reasonable by the Secretary” in the last sentence. (c) Section 108(c)(3) of title 23, United States Code, is amended by inserting “or later” following “earlier” in the first sentence. Sec. 116. certification acceptance (a) Subsection (a) of section 117 of title 23, United States Code, is amended by striking out “establishing requirements at least equivalent to those contained in, or issued pursuant to, this title.” and inserting in lieu thereof “which will accomplish the policies and objectives contained in or issued pursuant to this title.”. (b) Section 117 of title 23 of the United States Code is amended by adding at the end thereof the following new subsection: “(f) (1) In the case of the Federal-aid secondary system, in lieu of discharging his responsibilities in accordance with subsections (a) through (d) of this section, the Secretary may, upon the request of any State highway department, discharge his responsibility relative to the plans, specifications, estimates, surveys, contract awards, design, inspection, and construction of all projects on the Federal-aid secondary system by his receiving and approving a certified statement by the State highway department setting forth that the plans, design, and construction for each such project are in accord with those standards and procedures which (A) were adopted by such State highway department, (B) were applicable to projects in this category, and (C) were approved by him. “(2) The Secretary shall not approve such standards and procedures unless they are in accordance with the provisions of subsection (b) of section 105, subsection (b) of section 106, and subsection (c) 23 USC 105, 106, 109. of section 109, of this title. “(3) Paragraphs (1) and (2) of this subsection shall not be construed to relieve the Secretary of his obligation to make a final inspection of each project after construction and to require an adequate showing of the estimated cost of construction and the actual cost of construction.”. Sec. 117. availability (a) Subsection (b) of section 118 of title 23, United States Code, is amended to read as follows: “(b) Sums apportioned to each Federal-aid system (other than the Interstate System) shall continue available for expenditure in that State for the appropriate Federal-aid system or part thereof (other than the Interstate System) for a period of three years after tire close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse. Sums apportioned to the Interstate System shall continue available for expenditure in that State for the Interstate System for a period of two years after the close of the fiscal year for which such sums are authorized. Any amount apportioned to the States for the Interstate System under subsection (b)(5)(A) of section 104 of this title remaining unexpended at the end of the period during which it 23 USC 104. is available under this section shall lapse and shall immediately be reapportioned among the other States in accordance with the provisions of subsection (b)(5)(A) of section 104 of this title. Any amount apportioned to the States for the Interstate System under subsection (b)(5)(B) of section 104 of tills title remaining unexpended at the end of the period of its availability shall lapse. Sums apportioned to a Federal-aid system for any fiscal year shall be deemed to be expended if a sum equal to the total of the sums apportioned to the State for such fiscal year and previous fiscal years is obligated. Any Federal-aid highway funds released by the payment of the final voucher or by the modification of the formal project agreement shall be credited to the same class of funds, primary, secondary, urban, or interstate, previously apportioned to the State and be immediately available for expenditure.”. (b) (1) The first sentence of section 203 of title 23, United States Code, is amended by striking out “or a date not earlier than one year preceding the beginning” and inserting in lieu thereof “or on October 1,”. (2) The second sentence of such section 203 is amended by striking out “two years” and inserting in lieu thereof “three years”. (c) The funds authorized by section 104 of this Act and all funds authorized by titles T and IT of this Act for the transition quarter ending September 30, 1976, shall, for the purposes of the application of sections 118 and 203 of title 23, United States Code, remain available for expenditure for the same period as funds authorized by this Act for the fiscal year ending September 30, 1977. Sec. 118. payment to states for construction (a) Section 121(d) of title 23, United States Code, is amended to read as follows: “(d) In making payments pursuant to this section, the Secretary shall be bound by the limitations with respect to the permissible amounts of such payments contained in sections 120 and 130 of this title. Payments for construction engineering on any project financed 23 USC 120, 130. with Federal-aid highway funds shall not exceed 10 per centum of the Federal share of the cost of construction of such project after excluding from the cost of construction the costs of rights-of-way, preliminary engineering, and construction engineering. However, this limitation shall be 15 per centum in any State with respect to which the Secretary finds such higher limitation to be necessary.”. Sec. 119. emergency relief (a) Section 125(a) of title 23, United States Code, is amended— (1) by striking out “June 30, 1972,” and inserting in lieu thereof “June 30, 1972, and ending before June 1, 1976,”; (2) by striking out “June 30, 1973.” and inserting in lieu thereof “June 30, 1973, to carry out the provisions of this section, and not more than $25,000,000 for the three-month period beginning July 1, 1970, and ending September 30, 1976, is authorized to be expended to carry out the provisions of this section, and not more than $100,000,000 is authorized to be expended in any one fiscal .year commencing after September 30, 1976.”; and (3) by adding before the last sentence the following new sentence: “For the purposes of this section the period beginning July 1, 1976, and ending September 30, 1976, shall be deemed to be a part of the fiscal year ending September 30, 1977.”. (b) The second sentence of section 125(h) of such title is amended by striking out the period and inserting in lieu thereof the following: “, except that if the President has declared such emergency to be a major disaster for the purposes of the Disaster “Relief Act of 1974 42 USC 5121 note. (Public Law 93–288) concurrence of the Secretary is not required.”. Sec. 120. bus widths Section 127 of title 23, United States Code is amended by adding at the end thereof the following new sentence: “Notwithstanding any limitation relating to vehicle widths contained in this section, a State may permit any bus having a width of 102 inches or less to operate on any lane of 12 feet or more in width on the Interstate System.”. Sec. 121. ferry operations The first sentence of paragraph (5) of subsection (g) of section 129 of title 23, United States Code, is amended by inserting after “Hawaii” the following: “and the islands which comprise the Commonwealth of Puerto Rico”. The second sentence of such paragraph (5) is amended by inserting after “Hawaii” the following: “and operations between the islands which comprise the Commonwealth of Puerto Rico”. Sec. 122. control of outdoor advertising (a) Subsection (f) of section 131 of title 23, United States Code, is amended by inserting the following after the first sentence: “The Secretary may also, in consultation with the States, provide within the rights-of-way of the primary system for areas in which signs, displays, and devices giving specific information in the interest of the traveling public may be erected and maintained”. (b) Section 131 of title 23, United States Code, is amended by adding at the end thereof the following new subsections: “(o) The Secretary may approve the request of a State to permit retention in specific areas defined by such State of directional signs, displays, and devices lawfully erected tinder State law in force at the time of their erection which do not conform to the requirements of subsection (c), where such signs, displays, and devices are in existence on the date of enactment of this subsection and where the State demonstrates that such signs, displays, and devices (1) provide directional information about goods and services in the interest of the traveling public, and (2) are such that removal would work a substantial economic hardship in such defined area. “(p) In the case of any sign, display, or device required to be removed under this section prior to the date of enactment of the Fed-eral-Aid Highway Act of 1974, which sign, display, or device was 23 USC 101 note. after its removal lawfully relocated and which as a result of the amendments made to this section by such Act is required to be removed, the United States shall pay 100 per centum of the just compensation for such removal (including all relocation costs). “(q) (1) During the implementation of State laws enacted to comply with this section, the Secretary shall encourage and assist the States to develop sign controls and programs which will assure that necessary directional information about facilities providing goods and services in the interest, of the traveling public will continue to be available to motorists. To this end the Secretary shall restudy and revise as appropriate existing standards for directional signs authorized under subsections 131(c)(1) and 131(f) to develop signs which are functional 23 USC 131. and esthetically compatible with their surroundings. He shall employ the resources of other Federal departments and agencies, including the National Endowment for the Arts, and employ maximum participation of private industry in the development of standards and systems of signs developed for those purposes. “(2) Among other things the Secretary shall encourage States to adopt programs to assure that removal of signs providing necessary directional information, which also were providing directional information on June 1, 1972, about facilities in the interest of the traveling public, be deferred until all other nonconforming signs are removed.”. (c) Section 131(i) of title 23, United States Code, is amended to read as follows: “(i) In order to provide information in the specific interest of the traveling public, the State highway departments are authorized to maintain maps and to permit information directories and advertising pamphlets to be made available at safety rest areas. Subject to the approval of the Secretary, a State may also establish information centers at safety rest areas and other travel information systems within the rights-of-way for the purpose of informing the public of places of interest within the State and providing such other information as a State may consider desirable. The Federal share of the cost, of establishing such an information center or travel information system shall be that which is provided insertion 120 fora highway project 23 USC 120. on that Federal-aid system to be served by such center or system.”. Sec. 123. traffic operations improvement programs (a) Section 135 of title 23. United States Code, is amended to rend as follows: “§ 135. Traffic operations improvement programs. “(a) The Congress hereby finds and declares it to be in the national interest that each State shall have a continuing program designed to reduce traffic congestion and facilitate the flow of traffic. “(b) The Secretary may approve under this section any project for improvements on any public road which project will directly facilitate and control traffic flow on any of the Federal-aid systems.”. (b) The analysis of chapter 1 is amended by striking out: “135. Urban area traffic operations improvement programs.” and inserting in lieu thereof: “135. Traffic operations improvement programs.”. Sec. 124. preservation of parklands Section 138 of title 23, United States Code, is amended Studies. by adding a new sentence at the end thereof to read as follows: “In carrying out the national policy declared in this section the Secretary, in cooperation with the Secretary of the Interior and appropriate State and local officials, is authorized to conduct studies as to the most feasible Federal-aid routes for the movement of motor vehicular traffic through or around national parks so as to best serve the needs of the traveling public while preserving the natural beauty of these areas.”. Sec. 125. additions to interstate system Section 139(b) of title 23, United States Code, is amended by striking “(d)” the two places it appears and inserting in lieu thereof “(e)”. Sec. 126. equal employment opportunity The second sentence of subsection (b) of section 140, title 23, United States Code, is amended to read as follows: “Whenever apportionments are made under section 104(b) of this title, the Secretary shall deduct such sums as he may deem necessary, not to exceed $2,500.01)0 for the transition quarter ending September 30, 1976, and not to exceed $10,000,000 per fiscal year, for the administration of this subsection.”. Sec. 127. public transportation (a) Section 142(a)(1) of title 23, United States Code, is amended by adding at the end thereof the following new sentence: “If fees are charged for the use of any parking facility constructed under this section, the rate thereof shall not be in excess of that required for maintenance and operation of the facility (including compensation to any person for operating the facility).”. (b) Section 142(e)(3) of title 23, United States Code, is amended by striking out “section.” and inserting in lieu thereof “title.”. Sec. 128. special urban high density (a) Section 146 of title 23, United States Code, is repealed. (b) The analysis of chapter 1 of title 23, United States Code, is amended by striking out: “146. Special urban high density traffic programs.” and inserting in lieu thereof: “146. Repealed.”. Sec. 129. rural bus demonstration Section 147(a) of the Federal-Aid Highway Act of 1973, 23 USC 142 note. as amended, is amended by adding after the first sentence a new sentence as follows: “Such sums shall remain available for a period of two years after the close of the fiscal year for which such sums are authorized.”. Sec. 130. priority primary Section 147 (b) of title 23, United States Code, is amended to read as follows: “(b) The Federal share of any project on a priority primary route 23 USC 120. shall be that provided in section 120(a) of this title. All provisions of this title applicable to the Federal-aid primary system shall be applicable to the priority primary routes selected under this section.”. Sec. 131. defining state Section 152 and section 153 of title 23, United States Code, are amended by adding at the end of each such section the following new subsection: “(f) For the purposes of this section the term ‘State’ shall have the meaning given it in section 401 of this title.”. 23 USC 401. Sec. 132. highways crossing federal projects (a) Chapter I of title 23, United States Code, is amended by adding at the end thereof the following new section: “§ 156. Highways crossing Federal projects “(a) The Secretary is authorized to construct and to reconstruct any public highway or highway bridge across any Federal public works project, notwithstanding any other provision of law, where there has been a substantial change in the requirements and costs of such highway or bridge since the public works project was authorized, and where such increased costs would work an undue hardship upon any one State. No such highway or bridge shall be constructed or reconstructed under authority of this section until the State shall agree that upon completion of such construction or reconstruction it will accept ownership to such highway or bridge and will thereafter operate and maintain such highway or bridge. “(b) There is hereby authorized to be appropriated not to exceed $100,000,001) to carry out this section. Amounts authorized by this subsection shall lie available for the fiscal year in which appropriated and for two succeeding fiscal years,”. (d) The analysis of chapter I of title 23 of the United States Code is amended by adding at the end thereof the following: “156. Highways crossing Federal projects.”. Sec. 133. apportionments or allocations Section 202(a) of title 23, United States Code, is amended by striking “On or before January 1 next preceding the commencement” and inserting in lieu thereof “On October 1”. Sec. 134. bicycle transportation and pedestrian walkways Section 217(e) of title 23, United States Code, is amended by striking out “$40,000,000” and inserting in lieu thereof “$45,000,000”, and by striking out “$2,000,000” and inserting in lieu thereof “$2,500,000”. Sec. 135. safer off-system roads (a) Section 219 of title 23 of the United States Code, is amended to read as follows: “§ 219. Safer off-system roads. “(a) The Secretary is authorized to make grants to States for projects Grants. for the construction, reconstruction, and improvement of any off-system road, including, but, not limited to, the correction of safety hazards, the replacement of bridges, the elimination of high-hazard locations and roadside obstacles. “(b) On October 1 of each fiscal year the Secretary shall apportion the sums authorized to be appropriated to carry out this section among the several States as follows: “(1) Two-thirds according to the following formula— “(A) one-third in the ratio which the area of each State bears to the total area of all States; “(B) one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States; and “(C) one-third in the ratio in which the off-system road mileage of each State bears to the total off-system road mileage of all the States. Off-system road mileage as used in this subsection shall be determined as of the end of the calendar year preceding the year in which the funds are apportioned and shall be certified to by the Governor of the State and subject to approval by the Secretary. “(2) One-third in the ratio which the population in urban areas in each State bears to the total population in urban areas in all the States as shown by the latest Federal census. “(c) Sums apportioned to a State under this section shall be made available for obligation throughout such State on a fair and equitable basis. “(d) In any State wherein the State is without legal authority to construct or maintain a project under this section, such State shall enter into a formal agreement for such construction or maintenance with the appropriate local officials of the county or municipality in which such project is located. “(e) Sums apportioned under this section and programs and projects under this section shall be subject to all of the provisions of chapter 1 of this title applicable to highways on the Federal-aid secondary system except the form id a for apportionment, the requirement that these roads be on the Federal-aid system, and those other provisions determined by the Secretary to be inconsistent with this section. The Secretary is not authorized to determine as inconsistent with this section any provision relating to the obligation and availability of funds. “(f) As used in this section, the terms ‘off-system road’ means any toll-free road (including bridges), which road is not on any Federal-aid system and which is under the jurisdiction of and maintained by a public authority and open to public travel.”. (b) The analysis of chapter 1 of title 23 of the United States Code is amended by striking out “219. Off-system roads.” and inserting in lieu thereof the following: “219. Safer off-system roads.”. (c) Section 405 of title 23 of the United States Code is hereby repealed. (d) The analysis of chapter 4 of title 23 of the United States Code is amended by striking out “405. Federal-aid safer roads demonstration program.” and inserting in lieu thereof the following: “405. Repealed.” Sec. 136. landscaping and scenic enhancement (a) Section 319 of title 23, United States Code, is amended to read as follows: “§ 319. Landscaping and scenic enhancement. “The Secretary may approve as a part of the construction of Federal-aid highways the costs of landscape and roadside development, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities reasonably necessary to accommodate the traveling public, and for acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to such highways.”. (b) All sums authorized to be appropriated to carry out section 23 USC 319 note. 319(b) of title 23, United States Code, as in effect immediately before the date of enactment of this section shall continue to be available for appropriation, obligation, and expenditure in accordance with such section 319(b), not withstanding the amendment made by the subsection (a) of this section. Sec. 137. bridges on federal dams (a) Section 320(d) of title 23, United States Code, is amended by striking out “$27,761,000” and inserting in lieu thereof “$50,000,000”. (b) Sums appropriated or expended under authority of the increased 23 USC 320 note. authorization established by the amendment made by subsection (a) of this section shall be appropriated out of the Highway Trust Fund for the fiscal year ending September 30, 1977, and for subsequent fiscal years. Sec. 138. overseas highway Subsection (b) of section 118 of the Federal-Aid High-way Amendments of 1974 (Public Law 93–643) is amended— 88 Stat. 2288. (1) by striking out “1975, and” and inserting in lieu thereof “1975,”; and (2) by striking out “can be obligated.” and inserting in lieu thereof “$8,750,000 for the three-month period ending September 30, 1976, $35,000,000 for the fiscal year ending September 30, 1977, and $35,000,000 for the fiscal year ending September 30, 1978, can be obligated.”. Sec. 139. technical amendments (a) The analysis of chapter I of title 23, United States Code, is amended by striking out “111. Use of and access to rights-of-way—Interstate System.” and inserting in lieu thereof the following: “111. Agreements relating to use of and access to rights-of-way—Interstate System.”. (b) The analysis of chapter I of title 23, United States Code, is amended by striking out “119. Administration of Federal-aid for highways in Alaska.” and inserting in lieu thereof the following: “119. Repealed.”. (c) The analysis of chapter I of title 23, United States Code, is amended by striking out “133. Relocation assistance.” and inserting in lieu thereof the following: “133. Repealed.”. Sec. 140. demonstration projects—railroad highway crossings (a) Section 163 of the Federal-Aid Highway Act of 1973 23 USC 130 note. (Public Law 93–87) is amended by inserting immediately after subsection (h) the following new subsections: “(i) The Secretary of Transportation shall carry out a demonstration project in Metairie, Jefferson Parish, Louisiana, for the relocation or grade separation of rail lines whichever he deems most feasible in order to eliminate certain grade level railroad highway crossings. “(j) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Augusta, Georgia, for the relocation of railroad lines and for the purpose of eliminating highway railroad grade crossings. “(k) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Pine Bluff, Arkansas, for the relocation of railroad lines for the purpose of eliminating highway railroad grade crossings. “(l) The Secretary of Transportation shall carry out a demonstration project in Sherman, Texas, for the relocation of rail lines in order to eliminate the ground level railroad crossing at the crossing of the Southern Pacific and Frisco Railroads with Grand A venue-Roberts Road.”. (b) Existing subsections (i), (j), (k), and (1) of section 163 of the Federal-Aid Highway Act of 1973 are relettered as (m), (n), (o), and (p), respectively including any references to such subsections. (c) Subsection (m) (as relettered by subsection (b) of this section) of section 163 of the Federal-Aid Highway Act of 1973 is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “except that in the case of projects authorized by subsections (i), (j), (k), and (1), the Federal share payable on account of such projects shall not exceed 70 per centum and the remaining costs of such projects shall be paid by the State or local governments.”. (d) Subsection (o) (as relettered by subsection (b) of this section) of section 163 of the Federal-Aid Highway Act of 1973 is amended by striking out “1976, except that” and inserting in lien thereof the following: “1976, $6,250,000, for the period beginning July 1, 1976, and ending September 30, 1976, $26,400,000 for the fiscal year ending September 30, 1977, and $51,400,000 for the fiscal year ending September 30, 1978, except that not more than”. (e) Paragraph (2) of subsection (a) of section 163 of the Federal-Aid Highway Act of 1973 is amended by striking out “an engineering and feasibility study for”. (f) Section 302 of the National Mass Transportation Assistance Act of 1974 (Public Law 93–503) is amended by striking out “$14,000,000, except that” and inserting in lieu thereof “$14,000,000, except that, not more than”. Sec. 141. acceleration of projects The Secretary of Transportation shall carry out a project to demonstrate the feasibility of reducing the time required from the time of request for project approval through the completion of construction of highway projects in areas that, as a result of recent or imminent change, including but not limited to change in population or traffic flow resulting from the construction of Federal projects, show a need to construct such projects to relieve such areas from the impact of such change. There is authorized to be appropriated out of the Highway Trust Fund to carry out such project not to exceed $25,000,000. Sec. 142. multimodal concept Section 143 of the Federal-Aid Highway Act of 1973 is amended by inserting “(a)” immediately following “Sec. 143.” and by adding the following new subsection at the end thereof: “(b) The Secretary of Transportation is authorized and directed to Study. study the feasibility of developing a multimodal concept along the route described in paragraph (1) of subsection (a) of this section, which study shall include an analysis of the environmental impact of such multimodal concept. The Secretary shall report to Congress the Report to Congress. results of such a study not later than July 1, 1977.”. Sec. 143. carpool demonstration projects Section 3 of the Emergency Highway Energy Conservation Act, as amended (87 Stat. 1047, 88 Stat. 2289), is amended as follows: (1) Subsection (a) is amended by adding at the end thereof the Vanpool. following: “For the purposes of this section, the term ‘carpool’ includes a vanpool.”. (2) Subsection (c) is amended by inserting after “such measures as” the words “providing carpooling opportunities to the elderly and the handicapped,” and by inserting after “opportunities,” the words “acquiring vehicles appropriate for carpool use,”. (3) Subsection (d) is amended by striking out “(3) and (6)” from the first sentence, and inserting in lieu thereof “(1) and (6)” and by striking out the second sentence. Sec. 144. use of toll receipts for highway and rail crossings Section 2 of the Act entitled “An Act granting the consent of Congress to the State of California to construct, maintain, and operate a bridge across the Bay of San Francisco from the Rincon Hill district in San Francisco by way of Goat Island to Oakland”, approved February 20, 1931, is amended as follows: 46 Stat. 1193. (1) Subsection (a) is amended by striking out “heretofore enacted.” and inserting in lieu thereof a period. (2) The first sentence in subsection (b) is amended by striking out “of not to exceed two additional highway crossings and one rail transit crossing across the Bay of San Francisco and their approaches.” and inserting in lieu thereof “(1) not to exceed two additional highway crossings and one rail transit crossing across the Bay of San Francisco and their approaches, and (2) any public transportation system in the vicinity of any toll bridge in the San Francisco Bay Area. Such tolls may also be used to pay the cost of constructing new approaches to the Richmond-San Rafael Bridge in the San Francisco Bay Area,”. (3) The, existing third sentence in subsection (b) which begins Repeal. “After” is repealed. Sec. 145. extension of repayment The first sentence of section 2 of Public Law 94–30 is amended by striking out “before January 1, 1977.” and inserting in lieu thereof “January 1, 1979, at a rate of 20 per centum by January 1, 1977, 30 per centum by January 1, 1978, and 50 per centum by January 1, 1979. If a State fails to make any repayment in accordance with the preceding sentence, the entire unpaid balance shall immediately become due and payable.”. Sec. 146. traffic control signalization demonstration projects (a) The Secretary of Transportation is authorized to carry out trade control signalization demonstration projects designed to demonstrate through the use of technology not now in general use the increased capacity of existing highways, the conservation of fuel, the decrease in traffic congestion, the improvement in air and noise quality, and the furtherance of highway safety, giving priority to those projects providing coordinated signalization of two or more intersections. Such projects can be carried out on any highway whether on or off a Federal-aid system. (b) There is authorized to be appropriated to carry out this section of the Highway Trust Fund, not to exceed $40,000,000 for the fiscal year ending September 30, 1977, and $40,000,000 for the fiscal year ending September 30, 1978. (c) Each participating State shall report to the Secretary of Transportation not later than September 30, 1977, and not later than September 30 of each year thereafter, on the progress Ling made in implementing this section and the effectiveness of the improvements made under it. Each report shall include an analysis and evaluation of the benefits resulting from such projects comparing an adequate time period before and after treatment in order to properly assess the Report to Congress. benefits occurring from such traffic control signalization. The Secretary of Transportation shall submit a report to the Congress not later than January 1, 1978, on the progress being made in implementing this section and an evaluation of the benefits resulting therefrom. Sec. 147. access ramps to public boat launching areas Funds apportioned to States under subsections (b)(1), (b)(2), and (b)(6) of section 104 of title 23, United States Code, may be used upon the application of the State, and the approval of the Secretary of Transportation for construction of access ramps from bridges under construction or which are being reconstructed, replaced, repaired, or otherwise altered on the Federal-aid primary, secondary, or urban system to public boat launching areas adjacent to such bridges. Approval of the Secretary shall be in accordance with guidelines developed jointly by the Secretary of Transportation and the Secretary of the Interior. Sec. 148. demonstration project The Secretary of Transportation, acting pursuant to his authority under section 6 of the Urban Mass Transportation Act of 1964, shall conduct a demonstration project in urban mass transportation for design, improvement, modification, and urban deployment of the Automated Guide way Transit system now in operation at the Dallas/Fort Worth Regional Airport. There is authorized to be appropriated to carry out this section $7,000,000 for the fiscal year ending September 30, 1977. Sec. 149. urban system study The Secretary of Transportation is authorized and 23 USC 134 note. directed to conduct a study of the various factors involved in the planning, selection, programing, and implementation of Federal-aid urban system routes which shall include but not be limited to the following: (1) An analysis of the various types of organizations now in being which carry out the planning process required by section 134 of title 23, United States Code. Such analysis shall include but not be limited to the degree of representation of various governmental units within the urbanized area, the organizational structure, size and calibre of staff, authority provided to the organization under State and local law, and relation to State governmental entities. (2) The status of jurisdiction over roads on the Federal-aid urban system (State, county, city, or other local body having control). (3) Programing responsibilities under local and State laws with respect to the Federal-aid urban system. (4) The authority for and capability of local units of government to carry out the necessary steps to process a highway project through and including the plan, specification, and estimate requirement of section 106 of title 23, United States Code, and final construction. Such study shall be carried out in cooperation with State, county, city, and other local organizations which the Secretary deems appropriate. The study shall be submitted to the Congress within six months of Submittal to Congress. enactment of tins section. Sec. 150. interstate funding study (a) The Secretary of Transportation is hereby directed to 23 USC 101 note. undertake a complete study of the financing of completion of the Interstate Highway System. Such study should identify and analyze optional financing methods including State bonding authority under which the Secretary contracts to reimburse the States for up to 90 per centum of the principal and interest on such bonds. The Secretary Report to Congress. shall report to the Congress not later than nine months after the date of enactment of this Act the results of the study. (b) Within one year of the elate of enactment of this Act, the Secretary Recommendations, submittal to Congress. shall submit to the Congress his recommendations regarding the need to provide Federal financial assistance for resurfacing, restoration, and rehabilitation of routes on the Interstate System. In arriving at his recommendations, he shall conduct a full and complete study in cooperation and in consultation with the States of alternative means of assuring that the high level of transportation service provided by the Interstate System is maintained. The results of the study shall accompany the Secretary’s recommendations. The study shall include an estimate of the cost of implementing any recommended programs as well as an analysis of alternative methods of apportioning such Federal assistance among the States. Sec. 151. alaskan roads study (a) The Secretary of Transportation is authorized to undertake an investigation and study to determine the cost of, and the responsibility for, repairing the damage to Alaska highways that has been or will be caused by heavy truck traffic during construction of the trans-Alaska, pipeline and to restore them to proper standards Report to Congress. when construction is complete. The Secretary of Transportation shall report his initial findings to the Congress on or before September 30, 1976, and his final conclusions on rebuilding costs no later than three months after completion of pipeline construction. (b) There is hereby authorized to he appropriated, out of any money in the Treasury not otherwise appropriated, to be available until expended, the sum of $200,000 for the purpose of making the study authorized by subsection (a) of this section. Sec. 152. glenwood canyon highway construction Notwithstanding section 109(b) of title 23 of the United States Code, the Secretary of Transportation is authorized, upon application of the Governor of the State, to approve construction of that section or portions thereof of Interstate Route 70 from a point three miles east of Dotsero, Colorado, westerly to No-Name Interchange, approximately 2.3 miles east of Glenwood Springs, Colorado, approximately 17.5 miles in length, to provide, for variations from the number of lanes mid other requirements of said section 109(b) in accordance with geometric and construction standards whether or not in conformance with said section 109(b) which the Secretary determines are necessary for the safety of the traveling public, for the protection of the environment, and for preservation of the scenic and historic values of the Glenwood Canyon. The Secretary shall not approve any project for construction under this section unless he shall first have determined that such variations will not result in creation of safety hazards and that there is no reasonable alternative to such project. Sec. 153. study of highway needs to solve energy problems (a) The Secretary of Transportation shall make an investigation and study for the purpose of determining the need for special Federal assistance in the construction or reconstruction of highways on the Federal-aid system necessary for the transportation of coal or other uses in order to promote the solution of the Nation’s energy problems. Such study shall include appropriate consultations with the Secretary of the Ulterior, the Administrator of the Federal Energy Administration, and other appropriate Federal and State officials. (b) The Secretary shall report the results of such investigation and study together with his recommendations, to the Congress not later than one year after the date of enactment of this Act. (c) In order to carry out the study, the Secretary is authorized to use such funds as are available to him for such purposes under section 104 (a) of title 23, United States Code. Sec. 154. establishment of commission (a) (1) There is hereby established a Commission to be known as the National Transportation Policy Study Commission, hereinafter referred to as the “Commission”. (2) The Commission shall make a full and complete investigation lnvestigation and study. and study of the transportation needs and of the resources, requirements, and policies of the United States to meet such expected needs. It shall take into consideration all reports on National Transportation Policy which have been submitted to the Congress including but not limited to the National Transportation Reports of 1972 and 1974. It shall evaluate the relative merits of all modes of transportation in meeting our transportation needs. Based on such study, it shall recommend those policies which are most likely to insure that adequate transportation systems are in place which will meet, the needs for safe and efficient movement of goods and people. (b) Such Commission shall be comprised of 19 members as follows: Membership. (A) Six members appointed by the President of the Senate from the membership of the Committee on Public Works, Committee on Commerce, and Committee on Banking, Housing and Urban Affairs of the United States Senate; (B) five members appointed by the Speaker of the House of Representatives from the membership of the Committee on Public Works and Transportation and one member appointed by the Speaker from the membership of the Committee on Interstate and Foreign Commerce; and (C) seven members of the public appointed by the President. (c) The Commission shall not later than December 31, 1978 submit Report to President and Congress. Termination. to the President and the Congress its final report including its findings and recommendations. The Commission shall cease to exist six months after submission of such report. All records and papers of the Commission shall thereupon be delivered to the Administrator of General Services for deposit in the Archives of the United States. (d) Such report shall include the Commission’s findings and recommendations with respect to— (A) the Nation’s transportation needs, both national and regional, through the year 2000; (B) the ability of our current transportation systems to meet the projected needs; (C) the proper mix of highway, rail, waterway, pipeline, and air transportation systems to meet anticipated needs; (D) the energy requirements and availability of energy to meet anticipated needs; (E) the existing policies and programs of the Federal government which affect the development of our national transportation systems; and (F) the new policies required to develop balanced national transportation systems which meet projected need. (e) (1) The Chairman of the Commission, who shall be elected by Chairman. the Commission from among its members, shall request the head of each Federal department or agency which has an interest in or a responsibility with respect to a national transportation policy to appoint, and the head of such department or agency shall appoint, a liaison officer who shall work closely with the Commission and its staff in matters pertaining to this section. Such departments and agencies shall include, but not lie limited to, the Department of Transportation, the Federal Highway Administration, the Federal Railroad Administration, the Urban Mass Transportation Administration, the Federal Aviation Administration, the Interstate Commerce Commission, the Civil Aeronautics Board, and the U.S. Army Corps of Engineers. (2) In carrying out its duties the Commission shall seek the advice of various groups interested in national transportation policy includ-ing, but not limited to. State and local governments, public and private organizations working in the fields of transportation and safety, industry, education, and labor. (f) (1) The Commission or, on authorization of the Commission, any Committee of two or more members may, for the purpose of carrying out the provisions of this section, hold such hearings and sit and act at such times and places as the Commission or such authorized committee, may deem advisable. (2) The Commission is authorized to secure from any department, agency, or individual instrumentality of the executive branch of the Government any information it deems necessary to carry out its functions under this section and each department, agency, and instrumentality is authorized and directed to furnish such information to the Commission upon request made by the Chairman. (g) (1) Members of Congress who are members of the Commission shall serve without compensation in addition to that received for their services as Members of Congress; hut they shall be reimbursed for travel, per diem in accordance with the Rules of the House of Representatives or subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission. (2) Members of the Commission, except Members of Congress shall each receive compensation at a rate not in excess of the maximum rate of pay for GS–18, us provided in the General Schedule under section 5 USC 5332 note. 5332 of title 5, United States Code, and shall be entitled to reimbursement for travel expenses, per diem in accordance with the Rules of the House of Representatives or subsistence and other necessary expenses incurred by them in performance of duties while serving as a Commission member. (h) (1) The Commission is authorized to appoint and fix the compensation of a staff director, and such additional personnel as may be necessary to enable it to carry out its functions. The Director and personnel may be appointed without regard to the provisions of title 5. United States Code, covering appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and 5 USC 5101 et seq., 5331. subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Any Federal employees subject to the civil service laws and regulations who may be employed by the Commission shall retain civil service status without interruption or loss of status or privilege. In no event shall any employee other than the staff director receive as compensation an amount in excess of the maximum rate for GS–18 of the General Schedule under section 5332 of title 5. United States Code. In addition, the Commission is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the maximum rate of pay for grade GS–18, as provided in the General Schedule under section 5332 of title 5, United States Code. (2) The staff director shall be compensated at a Level 2 of the 5 USC 5313. Executive Schedule in subchapter II of chapter 53 of title 5, United States Code. (i) The Commission is authorized to enter into contracts or agreements for studies and surveys with public and private organizations and, if necessary, to transfer funds to Federal agencies from sums appropriated pursuant to this section to carry out such of its duties as the Commission determines can best be carried out in that manner. (j) Any vacancy which may occur on the Commission shall not affect its powers or functions but shall be filled in the same manner in which the original appointment was made. (k) There are hereby authorized to be appropriated not to exceed $15,000,000 to carry out this section. Funds appropriated under this section shall be available to the Commission until expended. Sec. 155. limitations To the extent that any section of this Act provides new or increased authority to enter into contracts under which outlays will be made from funds other than the Highway Trust Fund, such new or increased authority shall be effective for any fiscal year only in such amounts as are provided in appropriations Acts.

25. 1976

    Federal-Aid Highway Act of 1976

    Pub. L. 94–280 § 110(a) · 90 Stat. 425

    Substituted · 23 U.S.C. § 103(e)(4)

    Pub. L. 94–280, § 110(a), in revising par. (4), substituting provisions set out in text for prior provisions set out in note hereunder, among other changes: authorized the Secretary to withdraw approval of route or portion thereof on Interstate System which passes through and connects urbanized areas within a State and to incur obligations for Federal share of projects authorized under any highway assistance program under section 103 of this title; provided for determination of Federal share of substitute projects as provided in section 120 of this title applicable to the highway program of which the substitute project is a part; made specific reference to section 4 of, for prior general reference to, Urban Mass Transportation Act of 1964, as source of Federal share for mass transit projects; authorized sums available for obligation to remain available until obligated; made sums obligated for mass transit projects part of, to be administered through, Urban Mass Transportation Fund; authorized appropriations out of general fund of the Treasury for liquidation of obligations incurred under this paragraph; made amended par. (4) effective Aug. 13, 1973; and deleted provisions making route withdrawn mileage available for designation on Interstate System in any other State, prohibition against obligation under this paragraph of general funds after June 30, 1981, and requirement that for nonhighway public mass transit project, the Secretary receive State assurance that public mass transportation system will fully utilize the proposed project

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 94–280, § 110(a), in revising par. (4), substituting provisions set out in text for prior provisions set out in note hereunder, among other changes: authorized the Secretary to withdraw approval of route or portion thereof on Interstate System which passes through and connects urbanized areas within a State and to incur obligations for Federal share of projects authorized under any highway assistance program under section 103 of this title; provided for determination of Federal share of substitute projects as provided in section 120 of this title applicable to the highway program of which the substitute project is a part; made specific reference to section 4 of, for prior general reference to, Urban Mass Transportation Act of 1964, as source of Federal share for mass transit projects; authorized sums available for obligation to remain available until obligated; made sums obligated for mass transit projects part of, to be administered through, Urban Mass Transportation Fund; authorized appropriations out of general fund of the Treasury for liquidation of obligations incurred under this paragraph; made amended par. (4) effective Aug. 13, 1973; and deleted provisions making route withdrawn mileage available for designation on Interstate System in any other State, prohibition against obligation under this paragraph of general funds after June 30, 1981, and requirement that for nonhighway public mass transit project, the Secretary receive State assurance that public mass transportation system will fully utilize the proposed project.

    Enacted provision · exact public law section
    (a) Section 103(e)(4) of title 23, United States Code, is amended to read as follows: “(4) Upon the joint request of a State Governor and the local governments concerned, the Secretary may withdraw his approval of any route or portion thereof on the Interstate System which is within an urbanized area or which passes through and connects urbanized areas within a State and which was selected and approved in accordance with this title, if he determines that such route or portion thereof is not essential to completion of a unified and connected Interstate System and if he receives assurances that the State does not intend to construct a toll road in the traffic corridor which would be served by the route or portion thereof. When the Secretary withdraws his approval under this paragraph, a sum equal to the Federal share of the cost to complete the withdrawn route or portion thereof, as that cost is included in the latest Interstate System cost estimate approved by Congress, subject to increase or decrease, as determined by the Secretary based on changes in construction costs of the withdrawn route or portion thereof as of the date of enactment of the Federal-Aid Highway Act of 1976 or the date of approval of each substitute project under this paragraph, whichever is later, and in accordance with (he design of the route or portion thereof that is the basis of the latest cost estimate, shall be available to the Secretary to incur obligations for the Federal share of either public mass transit projects involving the construction of fixed rail facilities or the purchase of passenger equipment including rolling stock, for any mode of mass transit, or both, or projects authorized under any highway assistance program under section 103 of this title; or both, which will serve the urbanized area and the connecting non-urbanized area corridor from which the Interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the urbanized area or area to be served, and which are submitted by the Governor of the State in which the withdrawn route was located. Approval by the Secretary of the plans, specifications, and estimates for a substitute project shall be deemed to be a contractual obligation of the Federal Government. The Federal share of the substitute projects shall be determined in accordance with the provisions of section 120 of this title applicable to the highway program of which the substitute project is a part, except that in the ease of mass transit projects, the Federal share shall be that specified in section 4 of the 49 USC 1603. Urban Mass Transportation Act of 1964, as amended. The sums available for obligation shall remain available until obligated. The sums obligated for mass transit projects shall become part, of, and be administered through, the Urban Mass Transportation Fund. There are authorized to be appropriated for liquidation of the obligations incurred under this paragraph such sums as may be necessary out of the general fund of the Treasury. Unobligated apportionments for the Interstate System in any State where a withdrawal is approved under this paragraph shall, on the date of such approval, be reduced in the proportion that the Federal share of the cost of the withdrawn route or portion thereof bears to the Federal share of the total cost of all Interstate routes in that State as reflected in the latest cost estimate approved by the Congress. In any State where the withdrawal of an Interstate route or portion thereof has been approved under section 103(e)(4) of this title prior to the date of enactment of the Federal-Aid Highway Act of 1976, the unobligated apportionments for the Interstate System in that State on the date of enactment of the Federal-Aid Highway Act of 1976 shall be reduced in the proportion that the Federal share of the cost to complete such route or portion thereof, as shown on the latest cost, estimate approved by Congress prior to such approval of withdrawal, bears to the Federal share of the cost of all Interstate routes in that State, as shown on such cost estimate, except that the amount of such proportional reduction shall be credited with the amount of any reduction in such State’s Interstate apportionment which was attributable to the Federal share of any substitute project approved under this paragraph prior to enactment of such Federal-Aid Highway Act. Funds available for expenditure to carry out the purposes of this paragraph shall be supplementary to and not in substitution for funds authorized and available for obligation pursuant to the Urban Mass Transportation Act of 1964, as amended. 49 USC 1601 note. The provisions of this paragraph as amended by the Federal-Aid Highway Act of 1976, shall be effective as of August 13, 1973.”.

26. 1976

    Federal-Aid Highway Act of 1976

    Pub. L. 94–280 § 110(b) · 90 Stat. 425

    Inserted · 23 U.S.C. § 103(e)(4)

    Pub. L. 94–280, § 110(b), inserted provision for application of sums to a permissible transportation project when paid to a State for a route or portion of the Interstate System in event of withdrawal of approval for the route or portion instead of making of refund to Highway Trust Fund

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 94–280, § 110(b), inserted provision for application of sums to a permissible transportation project when paid to a State for a route or portion of the Interstate System in event of withdrawal of approval for the route or portion instead of making of refund to Highway Trust Fund.

    Enacted provision · exact public law section
    (b) Section 103(e)(4) of title 23, United States Code, is further amended by adding the following sentence at the end thereof: “In the event a withdrawal of approval is accepted pursuant to this section, the State shall not be required to refund to the Highway Trust Fund any sums previously paid to the State for the withdrawn route or portion of the Interstate System as long as said sums were applied to a transportation project permissible under this title.”.

27. 1976

    Federal-Aid Highway Act of 1976

    Pub. L. 94–280 § 109(b) · 90 Stat. 425

    Added · 23 U.S.C. § 103(e)(5)

    Pub. L. 94–280, § 109(b), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (e)(5). Pub. L. 94–280, § 109(b), added par. (5).

    Enacted provision · exact public law section
    (b) Section 103(e) of title 23, United States Code, is amended by adding the following new paragraph at the end thereof: “(5) Interstate mileage authorized for any State and withdrawn and transferred under the provisions of paragraph (2) of this subsection after the date of enactment of the Federal-Aid Highway Act of 1976, must be constructed by the State receiving such mileage as part of its Interstate System, Any State receiving such transfer of mileage may not, with respect to that transfer, avail itself of the optional use of Interstate funds under the second sentence of paragraph (4) of this subsection.”.

28. 1978

    Federal-Aid Highway Act of 1978

    Pub. L. 95–599 § 107(a)(1) · 92 Stat. 2689

    Substituted · 23 U.S.C. § 103(e)(2)

    Pub. L. 95–599, § 107(a)(1), substituted provisions relating to the deadline for designation of Interstate routes for provisions relating to maximum costs of all mileage and granting of preferences

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 95–599, § 107(a)(1), substituted provisions relating to the deadline for designation of Interstate routes for provisions relating to maximum costs of all mileage and granting of preferences.

    Enacted provision · exact public law section
    (1) The fourth and fifth sentences of paragraph (2) of subsection (e) of section 103, of title 23, United States Code, are amended to read as follows: “The provisions of this title applicable to the Interstate System shall apply to all mileage designated under the third sentence of this paragraph. The Secretary shall not designate any Interstate route or portion thereof under authority of this paragraph after the date of enactment of the Federal Aid Highway Act of 1978.

29. 1978

    Federal-Aid Highway Act of 1978

    Pub. L. 95–599 § 107(a)(2) · 92 Stat. 2689

    1. Substituted · 23 U.S.C. § 103(e)(4)

       Pub. L. 95–599, § 107(a)(2), (b), (f)(1)(A), substituted provision setting the maximum Federal share at 85 per cent of the cost of the substitute project for provision stating that the share would be determined in accordance with section 120 of this title

    2. Inserted · 23 U.S.C. § 103(e)(4)

       Pub. L. 95–599, § 107(a)(2), (b), (f)(1)(A), inserted provisions relating to deadline for approval by Secretary and designation of mileage

    3. Struck · 23 U.S.C. § 103(e)(4)

       Pub. L. 95–599, § 107(a)(2), (b), (f)(1)(A), struck out provision relating to withdrawal of approval

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 95–599, § 107(a)(2), (b), (f)(1)(A), substituted provision setting the maximum Federal share at 85 per cent of the cost of the substitute project for provision stating that the share would be determined in accordance with section 120 of this title, inserted provisions relating to deadline for approval by Secretary and designation of mileage, and struck out provision relating to withdrawal of approval.

    Enacted provision · exact public law section
    (2) The fourth sentence of section 103(e)(4) of title 23, United Federal share. States Code, is amended to read as follows: “The Federal share of each substitute project shall not exceed 85 per centum of the cost thereof.”.

30. 1978

    Federal-Aid Highway Act of 1978

    Pub. L. 95–599 § 107(f)(1)(B) · 92 Stat. 2689

    1. Redesignated · 23 U.S.C. § 103(e)(5)(7)

       Pub. L. 95–599, § 107(f)(1)(B), (C), redesignated par. (5) as (7)

    2. Added · 23 U.S.C. § 103(e)(5)(7)

       Pub. L. 95–599, § 107(f)(1)(B), (C), added pars. (5) and (6)

    Source evidence

    Code amendment note
    Subsec. (e)(5) to (7). Pub. L. 95–599, § 107(f)(1)(B), (C), redesignated par. (5) as (7) and added pars. (5) and (6).

    Enacted provision · exact public law section
    (B) by redesignating paragraph (5) as paragraph (7); and

31. 1979

    Pub. L. 96–106 § 1 · 93 Stat. 796

    Inserted · 23 U.S.C. § 103(e)(4)

    Pub. L. 96–106, § 1, inserted provision that the preceding sentence not apply to a designation made under section 139 of this title

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–106, § 1, inserted provision that the preceding sentence not apply to a designation made under section 139 of this title.

    Enacted provision · exact public law section
    (1) by striking all that follows “transferred to—” down through “Unless” and inserting in lieu thereof the following: “(i) the United States, or “(ii) the State in which such land is located, at the option of such State, unless”; and

32. 1979

    Pub. L. 96–106 § 2(a) · 93 Stat. 796

    Inserted · 23 U.S.C. § 103(e)(5)

    Pub. L. 96–106, § 2(a), inserted “, in the case of any withdrawal of approval before November 6, 1978” after “any other provision of law”

    Source evidence

    Code amendment note
    Subsec. (e)(5). Pub. L. 96–106, § 2(a), inserted “, in the case of any withdrawal of approval before November 6, 1978” after “any other provision of law”.

    Enacted provision · exact public law section
    (a) Section 103(e)(5) of title 23, United States Code, is amended by striking out “(5) Notwithstanding any other provision of law—” and inserting in lieu thereof “(5) Notwithstanding any other provision of law, in the case of any withdrawal of approval before November 6, 1978—”.

33. 1979

    Pub. L. 96–106 § 2(c) · 93 Stat. 796

    1. Added · 23 U.S.C. § 103(e)(6)(9)

       Pub. L. 96–106, § 2(c), added pars. (6) and (7)

    2. Redesignated · 23 U.S.C. § 103(e)(6)(9)

       Pub. L. 96–106, § 2(c), redesignated former pars. (6) and (7) as (8) and (9), respectively

    Source evidence

    Code amendment note
    Subsec. (e)(6) to (9). Pub. L. 96–106, § 2(c), added pars. (6) and (7) and redesignated former pars. (6) and (7) as (8) and (9), respectively.

    Enacted provision · exact public law section
    (c) Paragraph (6) of section 103(e) of title 23, United States Code, is renumbered as paragraph (8), and paragraph (7) of such section is renumbered as paragraph (9), including any references thereto, and such section 103(e) is further amended by inserting immediately after paragraph (5) the following new paragraphs: (6) Notwithstanding any other provision of law— “(A) in the case of any withdrawal of approval on or after November 6, 1978, of a route or portion thereof on the Interstate System, a State, subject to the approval of the Secretary, shall not be required to refund to the Highway Trust Fund any sums paid to the State for intangible costs; “(B) in the case of any withdrawal of approval on or after November 6, 1978, Of any route or portion thereof on the Interstate System under this section, a State shall not be required to refund to the Highway Trust Fund the costs of construction items, materials, or rights-of-way of the withdrawn route or portion thereof if such items, materials, and rights-of-way were acquired before November 6, 1978, if by the date of withdrawal of approval the Secretary has not approved the environmental impact statement required by the National Environmental 42 USC 4321 note. Policy Act of 1969, and if such construction items, materials, or rights-of-way will be or have been applied (i) to a transportation project permissible under this title, (ii) to a public conservation or public recreation purpose, or (iii) to any other public purpose determined by the Secretary to be in the public interest on condition that the State gives assurances satisfactory to the Secretary that such construction items, materials, or rights-of-way have been or will be so applied by the State, or any political subdivision thereof, to a project under clause (i), (ii), or (iii) within ten years from the date of withdrawal of approval; “(7) In any case where a withdrawal of approval of a route or portion thereof on the Interstate System on or after November 6, 1978, does not come within the provisions of paragraph (6)(B) of this subsection, the State shall refund to the Highway Trust Fund the costs of construction items, materials, and rights-of-way of the withdrawn route or portion thereof, except that if the State gives assurances satisfactory to the Secretary that such items, materials, and rights-of-way have been or will be applied to a transportation project permissible under this title within ten years from the date of withdrawal of approval, the amount of such repayment shall be the difference between the amount received for such items, materials, and rights-of-way and the amount which would be received in accordance with the current Federal share applicable to the transportation project to which such items, materials, and rights-of-way were or are to be applied; and”.

34. 1979

    Pub. L. 96–144 § 2 · 93 Stat. 1084

    Changed · 23 U.S.C. § 103(e)(4)

    Pub. L. 96–144 provided that after Sept. 30, 1979, the Secretary shall not withdraw his approval under par. (4) of any route or portion thereof on the Interstate System open to traffic before the date of the proposed withdrawal, and that any withdrawal of approval of any such route or portion thereof before Sept. 30, 1979, is determined to be authorized by par. (4)

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 96–144 provided that after Sept. 30, 1979, the Secretary shall not withdraw his approval under par. (4) of any route or portion thereof on the Interstate System open to traffic before the date of the proposed withdrawal, and that any withdrawal of approval of any such route or portion thereof before Sept. 30, 1979, is determined to be authorized by par. (4).

    Enacted provision · exact public law section
    Sec. 2. Section 103(e)(4) of title 23, United States Code, is amended by adding at the end thereof the following new sentence: “After September 30, 1979, the Secretary shall not withdraw his approval under this paragraph of any route or portion thereof on the Interstate System open to traffic before the date of the proposed withdrawal. Any withdrawal of approval of any such route or portion thereof before September 30, 1979, is hereby determined to be authorized by this paragraph.”.

35. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 108(f) · 96 Stat. 2097

    Substituted · 23 U.S.C. § 103(b)(1)

    Pub. L. 97–424, § 108(f), substituted “Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands” for “or Puerto Rico” after “Hawaii, Alaska,”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 97–424, § 108(f), substituted “Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands” for “or Puerto Rico” after “Hawaii, Alaska,”.

    Enacted provision · exact public law section
    (f) Section 103(b)(1) of title 23, United States Code, is amended by striking out “or Puerto Rico” and inserting in lieu thereof “Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.”

36. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 107(a)(1) · 96 Stat. 2097

    1. Struck · 23 U.S.C. § 103(e)(4)

       Pub. L. 97–424, § 107(a)(1), struck out eighth sentence

    2. Substituted · 23 U.S.C. § 103(e)(4)

       Pub. L. 97–424, § 107(a)(1), substituted provision relating to authorizations and apportionment of funds for fiscal years ending Sept. 30, 1983, through Sept. 30, 1986, and relating to substitute highway projects and substitute transit projects for provision that there were authorized to be appropriated for liquidation of the obligations incurred under this paragraph such sums as might be necessary out of the general fund of the Treasury

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 97–424, § 107(a)(1), struck out eighth sentence and substituted provision relating to authorizations and apportionment of funds for fiscal years ending Sept. 30, 1983, through Sept. 30, 1986, and relating to substitute highway projects and substitute transit projects for provision that there were authorized to be appropriated for liquidation of the obligations incurred under this paragraph such sums as might be necessary out of the general fund of the Treasury.

    Enacted provision · exact public law section
    (1) Section 103(e)(4) of title 23, United States Code, is amended by striking out the eighth sentence and inserting in lieu thereof the following: “For the fiscal year ending September 30, 1983, $257,000,000 shall be available out of the Highway Trust Fund for expenditure at the discretion of the Secretary for projects under highway assistance programs. For the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986, sums obligated for projects under highway assistance programs shall be paid out of the Highway Trust Fund, and $700,000,000 shall be available for expenditure during each of the fiscal years ending September 30, 1984, and September 30, 1985, and $725,000,000 shall be available for expenditure during the fiscal year ending September 30, 1986. Twenty-five per centum of the funds available from the Substitute highway project funds. Highway Trust Fund for each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986, for substitute highway projects under this paragraph shall be distributed at the discretion of the Secretary. The remaining 75 per centum of such funds shall be apportioned in accordance with cost estimates approved by Congress. The Secretary shall make an estimate of the Cost estimate, transmittal to Congress. cost of completing substitute highway projects under this paragraph and transmit the same to the Senate and the House of Representatives as soon as practicable after the date of enactment of this sentence. Upon approval of such cost estimate by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute highway projects for the fiscal year ending September 30, 1984. The Secretary shall make a Revised cost estimate, transmittal to Congress. revised estimate of the cost of completing substitute highway projects under this paragraph and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1984, and upon approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute highway projects for the fiscal years ending September 30, 1985, and September 30, 1986. There are authorized to be appropriated for liquidation of obligations incurred under this paragraph the sums provided in section 4(g) of the Urban Mass Transportation Act of 1964. Fifty per centum of the funds appropriated for 49 USC 1603. Substitute transit project funds. each fiscal year beginning after September 30, 1983, for carrying out substitute transit projects under this paragraph shall be distributed at the discretion of the Secretary. The remaining 50 per centum of such funds shall be apportioned in accordance with cost estimates approved by Congress. The Secretary shall make an estimate of the Cost estimate, transmittal to Congress. cost of completing substitute transit projects under this paragraph and transmit the same to the Senate and the House of Representatives as soon as practicable after the date of enactment of this sentence. Upon approval of such cost estimate by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute transit projects for the fiscal year ending September 30, 1984. The Secretary shall make a revised Revised cost estimate, transmittal to Congress. estimate of the cost of completing substitute transit projects under this paragraph and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1984, and upon approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute transit projects for the fiscal years ending September 30, 1985, and September 30, 1986.”.

37. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 107(a)(2) · 96 Stat. 2097

    1. Struck · 23 U.S.C. § 103(e)(4)

       Pub. L. 97–424, § 107(a)(2), struck out sixth sentence

    2. Substituted · 23 U.S.C. § 103(e)(4)

       Pub. L. 97–424, § 107(a)(2), substituted provisions relating to the period of availability of sums apportioned under this paragraph and of sums available for obligation and the disposition of funds apportioned to a State and unobligated for provision that the sums available for obligation would remain available until obligated

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–424, § 107(a)(2), struck out sixth sentence and substituted provisions relating to the period of availability of sums apportioned under this paragraph and of sums available for obligation and the disposition of funds apportioned to a State and unobligated for provision that the sums available for obligation would remain available until obligated.

    Enacted provision · exact public law section
    (2) Section 103(e)(4) of title 23, United States Code, is amended by striking out the sixth sentence and inserting in lieu thereof the following: “The sums apportioned under this paragraph for public mass transit projects shall remain available for the fiscal year for which apportioned and for the succeeding fiscal year. The sums available for obligation under this paragraph for projects under any highway assistance program shall remain available for the fiscal year for which apportioned and for the succeeding fiscal year. Any sums which are apportioned to a State for a fiscal year and are unobligated (other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a substitute project which has been submitted by the State to the Secretary for approval) at the end of such fiscal year shall be apportioned among those States which have obligated all sums (other than such an amount) apportioned to them for such fiscal year, in accordance with the latest approved estimate of the cost of completing the appropriate substitute projects in such States.”.

38. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 107(b) · 96 Stat. 2097

    Substituted · 23 U.S.C. § 103(e)(4)

    Pub. L. 97–424, § 107(b), inserted at end provision that any route or segment thereof which was statutorily designed after March 7, 1978, to be on the Interstate System shall not be eligible for withdrawal or substitution under this subsection

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–424, § 107(b), inserted at end provision that any route or segment thereof which was statutorily designed after March 7, 1978, to be on the Interstate System shall not be eligible for withdrawal or substitution under this subsection.

    Enacted provision · exact public law section
    (b) Section 103(e)(4) of title 23, United States Code, is amended by adding at the end thereof the following: “Any route or segment thereof which was statutorily designed after March 7, 1978, to be on the Interstate System shall not be eligible for withdrawal or substitution under this subsection.”.

39. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 107(c)(1)(A) · 96 Stat. 2097

    Inserted · 23 U.S.C. § 103(e)(4)

    Pub. L. 97–424, § 107(c)(1)(A), inserted “or up to and including the 1983 interstate cost estimate, whichever is earlier,” after “approved by Congress,” and before “subject to increase or decrease” in provision in second sentence relating to the action of the Secretary in withdrawing his approval under this paragraph

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–424, § 107(c)(1)(A), inserted “or up to and including the 1983 interstate cost estimate, whichever is earlier,” after “approved by Congress,” and before “subject to increase or decrease” in provision in second sentence relating to the action of the Secretary in withdrawing his approval under this paragraph.

    Enacted provision · exact public law section
    (A) inserting in the second sentence after the words “approved by Congress,” the following: “or up to and including the 1983 interstate cost estimate, whichever is earlier,”;

40. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 107(c)(1)(B) · 96 Stat. 2097

    Substituted · 23 U.S.C. § 103(e)(4)

    Pub. L. 97–424, § 107(c)(1)(B), struck out “the date of enactment of the Federal-Aid Highway Act of 1976 or” after “portion thereof as of”, and “whichever is later, and in accordance with the design of the route or portion thereof that is the basis of the latest cost estimate” after “substitute project under this paragraph,” in provision in second sentence relating to the action of the Secretary in withdrawing his approval under this paragraph

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–424, § 107(c)(1)(B), struck out “the date of enactment of the Federal-Aid Highway Act of 1976 or” after “portion thereof as of”, and “whichever is later, and in accordance with the design of the route or portion thereof that is the basis of the latest cost estimate” after “substitute project under this paragraph,” in provision in second sentence relating to the action of the Secretary in withdrawing his approval under this paragraph.

    Enacted provision · exact public law section
    (B) striking out in the second sentence “the date of enactment of the Federal-Aid Highway Act of 1976 or” and “whichever is later, and in accordance with the design of the route or portion thereof that is the basis of the latest cost estimate”;

41. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 107(c)(1)(C) · 96 Stat. 2097

    Substituted · 23 U.S.C. § 103(e)(4)

    Pub. L. 97–424, § 107(c)(1)(C), inserted “or the date of approval of the 1983 interstate cost estimate, whichever is earlier,” after “approval of each substitute project under this paragraph” in provision in second sentence relating to the action of the Secretary in withdrawing his approval under this paragraph

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–424, § 107(c)(1)(C), inserted “or the date of approval of the 1983 interstate cost estimate, whichever is earlier,” after “approval of each substitute project under this paragraph” in provision in second sentence relating to the action of the Secretary in withdrawing his approval under this paragraph.

    Enacted provision · exact public law section
    (C) inserting in the second sentence after “approval of each substitute project under this paragraph,” the following: “or the date of approval of the 1983 interstate cost estimate, whichever is earlier,”.

42. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 107(d) · 96 Stat. 2097

    Substituted · 23 U.S.C. § 103(e)(4)

    Pub. L. 97–424, § 107(d), inserted provision in third sentence that except with respect to any route which on May 12, 1982, is under judicial injunction prohibiting its construction the Secretary may approve substitute projects and withdrawals on such route until Sept. 30, 1985

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–424, § 107(d), inserted provision in third sentence that except with respect to any route which on May 12, 1982, is under judicial injunction prohibiting its construction the Secretary may approve substitute projects and withdrawals on such route until Sept. 30, 1985.

    Enacted provision · exact public law section
    (d) The third sentence of section 103(e)(4) of title 23, United States Code, is amended by striking out the period and inserting in lieu thereof the following: “, and except that with respect to any route which on May 12, 1982, is under judicial injunction prohibiting its construction the Secretary may approve substitute projects and withdrawals on such route until September 30, 1985.”.

43. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 107(e)(1) · 96 Stat. 2097

    Struck · 23 U.S.C. § 103(e)(4)

    Pub. L. 97–424, § 107(e)(1), struck out “which is within an urbanized area or which passes through and connects urbanized areas within a State and” after “portion thereof on the Interstate System” in first sentence

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–424, § 107(e)(1), struck out “which is within an urbanized area or which passes through and connects urbanized areas within a State and” after “portion thereof on the Interstate System” in first sentence.

    Enacted provision · exact public law section
    (1) The first sentence of section 103(e)(4) of title 23, United States Code is amended by striking “which is within an urbanized area or which passes through and connects urbanized areas within a State and”.

44. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 § 107(e)(2) · 96 Stat. 2097

    Substituted · 23 U.S.C. § 103(e)(4)

    Pub. L. 97–424, § 107(e)(2), substituted “which will serve the area or areas from which the interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the area or areas to be served, and which are selected by the Governor or the Governors of the State or the States in which the withdrawn route was located if the withdrawn route was not within an urbanized area or did not pass through and connect urbanized areas, and which are submitted by the Governors of the States in which the withdrawn route was located”, for “which will serve the urbanized area and the connecting nonurbanized area corridor from which the interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the urbanized area or area to be served, and which are submitted by the Governor of the State in which the withdrawn route was located”, after “section 103 of this title; or both,” in second sentence

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–424, § 107(e)(2), substituted “which will serve the area or areas from which the interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the area or areas to be served, and which are selected by the Governor or the Governors of the State or the States in which the withdrawn route was located if the withdrawn route was not within an urbanized area or did not pass through and connect urbanized areas, and which are submitted by the Governors of the States in which the withdrawn route was located”, for “which will serve the urbanized area and the connecting nonurbanized area corridor from which the interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the urbanized area or area to be served, and which are submitted by the Governor of the State in which the withdrawn route was located”, after “section 103 of this title; or both,” in second sentence.

    Enacted provision · exact public law section
    (2) The second sentence of section 103(e)(4) of title 23, United States Code is amended by striking “which will serve the urbanized area and the connecting nonurbanized area corridor from which the interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the urbanized area or area to be served, and which are submitted by the Governor of the State in which the withdrawn route was located.” and inserting in lieu thereof, “which will serve the area or areas from which the interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the area or areas to be served, and which are selected by the Governor or the Governors of the State or the States in which the withdrawn route was located if the withdrawn route was not within an urbanized area or did not pass through and connect urbanized areas, and which are submitted by the Governors of the States in which the withdrawn route was located.”.

45. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 103(f)(1)(A) · 101 Stat. 132

    1. Inserted · 23 U.S.C. § 103(e)

       Pub. L. 100–17, § 103(f)(1)(A)–(D), (H)–(J), inserted heading, indented par. (1) and aligned such par. and pars. (2), (3), and (5) to (9) with par. (4), as amended

    2. Inserted · 23 U.S.C. § 103(e)

       Pub. L. 100–17, § 103(f)(1)(A)–(D), (H)–(J), inserted headings for pars. (1) to (3), (8), and (9)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 100–17, § 103(f)(1)(A)–(D), (H)–(J), inserted heading, indented par. (1) and aligned such par. and pars. (2), (3), and (5) to (9) with par. (4), as amended, and inserted headings for pars. (1) to (3), (8), and (9).

    Enacted provision · exact public law section
    (A) by inserting “Interstate System.—” before “(1) The Interstate”;

46. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 103(b) · 101 Stat. 132

    Amended · 23 U.S.C. § 103(e)(4)

    Pub. L. 100–17, § 103(b), amended par. (4) generally, revising and restating as subpars. (A) to (P) provisions formerly contained in a single paragraph

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 100–17, § 103(b), amended par. (4) generally, revising and restating as subpars. (A) to (P) provisions formerly contained in a single paragraph.

    Enacted provision · exact public law section
    (b) Authorization of Appropriations; Period of Availability of Apportioned Funds; Extension of Substitute ICE Approval Process.— Section 103(e)(4) of title 23, United States Code, is amended to read as follows: “(4) Interstate substitute program.— “(A) Withdrawal of approval.— Upon the joint request of a State Governor and the local governments concerned, the Secretary may withdraw approval of any route or portion thereof on the Interstate System which was selected and approved in accordance with this title, if the Secretary determines that such route or portion thereof is not essential to completion of a unified and connected Interstate System and if the Secretary receives assurances that the State does not intend to construct a toll road in the traffic corridor which would be served by the route or portion thereof. “(B) Substitute projects.— When the Secretary withdraws approval under this paragraph, a sum equal to the Federal share of the cost to complete the withdrawn route or portion thereof, as that cost is included in the latest Interstate System cost estimate approved by Congress, or up to and including the 1983 interstate cost estimate, whichever is earlier, subject to increase or decrease, as determined by the Secretary based on changes in construction costs of the withdrawn route or portion thereof as of the date of approval of each substitute project under this paragraph, or the date of approval of the 1983 interstate cost estimate, whichever is earlier, shall be available to the Secretary to incur obligations for the Federal share of either public mass transit projects involving the construction of fixed rail facilities or the purchase of passenger equipment including rolling stock, for any mode of mass transit, or both, or highway construction projects on any public road, or both, which will serve the area or areas from which the interstate route or portion thereof was with-drawn, which are selected by the responsible local officials of the area or areas to be served, and which are selected by the Governor or the Governors of the State or the States in which the withdrawn route was located if the withdrawn route was not within an urbanized area or did not pass through and connect urbanized areas, and which are submitted by the Governors of the States in which the withdrawn route was located. Each project constructed under this paragraph on a Federal-aid system shall be subject to the provisions of this title applicable to such system. Each project constructed under this paragraph not on a Federal-aid system shall be subject to the provisions of this title applicable to projects on the Federal-aid secondary system. “(C) Deadline for withdrawal.— The Secretary shall not approve any withdrawal of a route under this paragraph after September 30, 1983— “(i) except that with respect to any route which on November 6, 1978, is under judicial injunction prohibiting its construction the Secretary may approve withdrawals until September 30, 1986, and “(ii) except that with respect to any route which on May 12, 1982, is under judicial injunction prohibiting its construction, the Secretary may approve withdrawals on such route until September 30, 1985. “(D) Project approval; federal share.— Approval by the Secretary of the plans, specifications, and estimates for a substitute project shall be deemed to be a contractual obligation of the Federal Government. The Federal share of each substitute project shall not exceed 85 percent of the cost thereof. “(E) Availability of funds for substitute projects.— “(i) Time period.— The sums apportioned and the sums allocated under this paragraph for public mass transit projects and for highway construction projects in a State shall remain available for obligation in such State for the fiscal year for which apportioned or allocated, as the case may be, and for the succeeding fiscal year. “(ii) Reapportionment or reallocation.— Any sums which are apportioned or allocated to a State and are unobligated (other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a substitute project which has been submitted by the State to the Secretary for approval) at the end of the period of availability established by clause (i) shall be apportioned or allocated, as the case may be, among those States which have obligated all sums (other than such an amount) apportioned or allocated, as the case may be, to them. Such reapportionments shall be in accordance with the latest approved or adjusted estimate of the cost of completing substitute projects, and such reallocations shall be at the discretion of the Secretary. “(F) Administration of transit funds.— The sums obligated for mass transit projects under this paragraph shall become part of, and be administered through, the Urban Mass Transportation Fund. “(G) Authorization of appropriations for highway projects.— For the fiscal year ending September 30, 1983, $257,000,000 shall be available out of the Highway Trust Fund for expenditure at the discretion of the Secretary for projects under highway assistance programs. There shall be available, out of the Highway Trust Fund (other than the Mass Transit Account), to the Secretary for expenditure under this paragraph for projects under highway assistance programs $700,000,000 per fiscal year for each of fiscal years 1984 and 1985, $693,825,000 for fiscal year 1986, and $740,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991. “(H) Distribution of substitute highway funds.— “(i) Between discretionary and apportioned programs.— Subject to section 149(d) of the Federal-Aid Highway Act of 1987, 25 percent of the funds made available by subparagraph (G) for each of fiscal years 1984, 1985, 1986, 1987, 1988, 1989, 1990, and 1991 for substitute highway projects under this paragraph shall be distributed at the discretion of the Secretary. The remaining 75 percent of such funds shall be apportioned in accordance with cost estimates approved by Congress or adjusted by the Secretary. “(ii) Fiscal years 1985, 1986, and 1987 apportionments.— The Secretary shall make a revised estimate of the cost of completing substitute highway projects under this paragraph and transmit the same to the Senate and the House of Representatives within 10 days subsequent to January 2, 1984, and upon approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute highway projects for fiscal years 1985, 1986, and 1987. “(iii) Fiscal years 1988, 1989, 1990, and 1991 apportionments.— The Secretary shall make a revised estimate of the cost of completing substitute highway projects under this paragraph and transmit the same to the Senate and the House of Representatives as soon as practicable after the date of the enactment of the Federal-Aid Highway Act of 1987. Upon approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute highway projects for fiscal year 1988. If such estimate is not approved by Congress by September 30, 1987, the Secretary shall adjust such estimate in accordance with this clause and use the Federal share of the adjusted estimate in making apportionments for fiscal year 1988. The Secretary shall adjust such estimate annually thereafter in accordance with this clause and shall use the Federal share of such adjusted estimate in making apportionments for substitute highway projects for fiscal years 1989, 1990, and 1991. The adjustments required by this clause shall reflect previous withdrawals of interstate segments, changes in State estimates in the division of funds between sub-stitute highway and transit projects, amounts made available in prior fiscal years, and the availability and reapportionment of funds under subparagraph (E). “(I) Authorization of appropriations for transit projects.— There are authorized to be appropriated for liquidation of obligations incurred for substitute transit projects under this paragraph the sums provided in section 4(g) of the Urban Mass Transportation Act of 1964. “(J) Distribution of substitute transit funds.— “(i) Between discretionary and apportioned programs.— Fifty percent of the funds appropriated for each fiscal year beginning after September 30, 1983, for carrying out substitute transit projects under this paragraph shall be distributed at the discretion of the Secretary. The remaining 50 percent of such funds shall be apportioned in accordance with cost estimates approved by Congress or adjusted by the Secretary. “(ii) Fiscal years 1985, 1986, and 1987 apportionments.— The Secretary shall make a revised estimate of the cost of completing substitute transit projects under this paragraph and transmit the same to the Senate and the House of Representatives within 10 days subsequent to January 2, 1984, and upon approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute transit projects for fiscal years 1985, 1986, and 1987. “(iii) Fiscal years 1988, 1989, 1990, and 1991 apportionments.— The Secretary shall make a revised estimate of the cost of completing substitute transit projects under this paragraph and transmit the same to the Senate and the House of Representatives as soon as practicable after the date of the enactment of the Federal-Aid Highway Act of 1987. Upon approval by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute transit projects for fiscal year 1988. If such estimate is not approved by Congress by September 30, 1987, the Secretary shall adjust such estimate in accordance with this clause and use the Federal share of the adjusted estimate in making apportionments for fiscal year 1988. The Secretary shall adjust such estimate annually thereafter in accordance with this clause and shall use the Federal share of such adjusted estimate in making apportionments for substitute transit projects for fiscal years 1989, 1990, and 1991. The adjustments required by this clause shall reflect previous withdrawals of Interstate segments, changes in State estimates in the division of funds between substitute highway and transit projects, amounts made available in prior fiscal years, and the availability and reapportionment of funds under subparagraph (E). “(K) Reduction of interstate apportionment.— “(i) In general.— Unobligated apportionments for the Interstate System in any State where a withdrawal is approved under this paragraph shall, on the date of such approval, be reduced in the proportion that the Federal share of the cost of the withdrawn route or portion thereof bears to the Federal share of the total cost of all interstate routes in that State as reflected in the latest cost estimate approved by the Congress. “(ii) Exception.— In any State where the withdrawal of an interstate route or portion thereof has been approved under this section prior to the date of the 23 USC 101 note. enactment of the Federal-Aid Highway Act of 1976, the unobligated apportionments for the Interstate System in that State on such date of enactment shall be reduced in the proportion that the Federal share of the cost to complete such route or portion thereof, as shown in the latest cost estimate approved by Congress prior to such approval of withdrawal, bears to the Federal share of the cost of all interstate routes in that State, as shown in such cost estimate; except that the amount of such proportional reduction shall be credited with the amount of any reduction in such State’s Interstate apportionment which was attributable to the Federal share of any substitute project approved under this paragraph before such date of enactment. “(L) Applicability of umta.— “(i) Supplementary funds.— Funds available for expenditure to carry out the purposes of this paragraph shall be supplementary to and not in substitution for funds authorized and available for obligation pursuant 49 USC app. 1601 note. 49 USC app. 1602. to the Urban Mass Transportation Act of 1964. “(ii) Labor protection.— The provisions of section 3(e)(4) of the Urban Mass Transportation Act of 1964 shall apply in carrying out this paragraph. “(M) Limitation on interstate designations.— After the date of the enactment of the Federal-Aid Highway Act of 23 USC 101 note. 1978, the Secretary may not designate any mileage as part of the Interstate System pursuant to this paragraph or under any other provision of law. The preceding sentence shall not apply to a designation made under section 139 of this title. “(N) Open to traffic requirement.— After September 30, 1979, the Secretary shall not withdraw his approval under this paragraph of any route or portion thereof on the Interstate System open to traffic before the date of the proposed withdrawal. Any withdrawal of approval of any such route or portion thereof before September 30, 1979, is hereby determined to be authorized by this paragraph. “(O) Limitation on substitution for statutorily designated routes.— Any route or segment which was statutorily designated after March 7, 1978, to be on the Interstate System shall not be eligible for withdrawal or substitution under this subsection. “(P) Right-of-way payback.— “(i) Enforcement.— Of sums apportioned or allocated under this paragraph to a State, the Secretary shall not obligate for projects in such State an amount equal to the amount of Federal funds expended to purchase the right-of-way for any withdrawn route or portion thereof if the right-of-way is not first disposed of (or applied to a project in accordance with paragraph (5) (B), (6)(B), or (7)) by the State. “(ii) Limitation on applicability.— Clause (i) shall not apply to sums apportioned or allocated under this paragraph to a State for a fiscal year if the projected total amount of funds to be apportioned and allocated under this paragraph to such State in succeeding fiscal years exceeds the amount of Federal funds expended to purchase the right-of-way. “(iii) Release of funds.— The Secretary may obligate for projects in a State under this paragraph any funds withheld from obligation in such State if the State repays an equivalent amount in accordance with paragraph (5)(B), (6)(B), or (7), as the case may be, or if the Secretary determines that such repayment is not required under such paragraph.”.

47. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 103(f)(1)(E) · 101 Stat. 132

    1. Inserted · 23 U.S.C. § 103(e)(5)

       Pub. L. 100–17, § 103(f)(1)(E), (K), inserted heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4)

    2. Substituted · 23 U.S.C. § 103(e)(5)

       Pub. L. 100–17, § 103(f)(1)(E), (K), substituted “withdrawal of approval.” for “withdrawal of approval; and” in subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (e)(5). Pub. L. 100–17, § 103(f)(1)(E), (K), inserted heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4), and substituted “withdrawal of approval.” for “withdrawal of approval; and” in subpar. (B).

    Enacted provision · exact public law section
    (E) in paragraph (5) by inserting “Limitation on refunds for withdrawals before November 6, 1978.—” before “Notwithstanding” and by striking out “; and” at the end of such paragraph and inserting in lieu thereof a period;

48. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 103(f)(1)(F) · 101 Stat. 132

    1. Inserted · 23 U.S.C. § 103(e)(6)

       Pub. L. 100–17, § 103(f)(1)(F), (K), inserted heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4)

    2. Substituted · 23 U.S.C. § 103(e)(6)

       Pub. L. 100–17, § 103(f)(1)(F), (K), substituted “withdrawal of approval.” for “withdrawal of approval;” in subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (e)(6). Pub. L. 100–17, § 103(f)(1)(F), (K), inserted heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4), and substituted “withdrawal of approval.” for “withdrawal of approval;” in subpar. (B).

    Enacted provision · exact public law section
    (F) in paragraph (6) by inserting “Limitation on refunds for withdrawals on and after November 6, 1978.—” before “Notwithstanding” and by striking out the semicolon at the end of such paragraph and inserting in lieu thereof a period;

49. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 § 103(f)(1)(G) · 101 Stat. 132

    1. Inserted · 23 U.S.C. § 103(e)(7)

       Pub. L. 100–17, § 103(f)(1)(G), inserted heading

    2. Substituted · 23 U.S.C. § 103(e)(7)

       Pub. L. 100–17, § 103(f)(1)(G), substituted “are to be applied.” for “are to be applied; and”

    Source evidence

    Code amendment note
    Subsec. (e)(7). Pub. L. 100–17, § 103(f)(1)(G), inserted heading and substituted “are to be applied.” for “are to be applied; and”.

    Enacted provision · exact public law section
    (G) in paragraph (7) by inserting “Additional limitation on refunds.—” before “In any” and by striking out “; and” at the end of such paragraph and inserting in lieu thereof a period;

50. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1006(a) · 105 Stat. 1914

    1. Added · 23 U.S.C. § 103(a)

       Pub. L. 102–240, § 1006(a), added subsec. (a)

    2. Struck · 23 U.S.C. § 103(a)

       Pub. L. 102–240, § 1006(a), struck out former subsec. (a) which established and continued four Federal-aid systems: primary, urban, secondary and Interstate

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–240, § 1006(a), added subsec. (a) and struck out former subsec. (a) which established and continued four Federal-aid systems: primary, urban, secondary and Interstate.

    Enacted provision · exact public law section
    (a) Establishment.— Section 103 of title 23, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: “(a) In General.— For purposes of this title, the Federal-aid systems are the Interstate System and the National Highway System. “(b) National Highway System.— “(1) Purpose.— The purpose of the National Highway System is to provide an interconnected system of principal arterial routes which will serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations; meet national defense requirements; and serve interstate and interregional travel. “(2) Components.— The National Highway System shall consist of the following: “(A) Highways designated as part of the Interstate System under subsection (e) and section 139 of this title. “(B) Other urban and rural principal arterials and highways (including toll facilities) which provide motor vehicle access between such an arterial and a major port, airport, public transportation facility, or other intermodal transportation facility. The States, in cooperation with local and regional officials, shall propose to the Secretary arterials and highways for designation to the National Highway System under this paragraph. In urbanized areas, the local officials shall act through the metropolitan planning organizations designated for such areas under section 134 of this title. The routes on the National Highway System, as shown on the map submitted by the Secretary to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate in 1991, illustrating the National Highway System, shall serve as the basis for the States in proposing arterials and highways for designation to such system. The Secretary may modify or revise such proposals and submit such modified or revised proposals to Congress for approval in accordance with paragraph (3). “(C) A strategic highway network which is a network of highways which are important to the United States strategic defense policy and which provide defense access, continuity, and emergency capabilities for the movement of personnel, materials, and equipment in both peace time and war time. Such highways may include highways on and off the Interstate System and shall be designated by the Secretary in consultation with appropriate Federal agencies and the States and be subject to approval by Congress in accordance with paragraph (3). “(D) Major strategic highway network connectors which are highways that provide motor vehicle access between major military installations and highways which are part of the strategic highway network. Such highways shall be designated by the Secretary in consultation with appropriate Federal agencies and the States and subject to approval by Congress in accordance with paragraph (3). “(3) Approval of designations.— “(A) Proposed designations.— Not later than 2 years after the date of the enactment of this section, the Secretary shall submit for approval to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a proposed National Highway System with a list and description of highways proposed to be designated to the National Highway System under this subsection and a map showing such proposed designations. In preparing the proposed system, the Secretary shall consult appropriate local officials and shall use the functional reclassification of roads and streets carried out under subsection (c) of section 1006 of the Intermodal Surface Transportation Efficiency Act of 1991. “(B) Approval of congress required.— After September 30, 1995, no funds made available for carrying out this title may be apportioned for the National Highway System or the Interstate maintenance program under this title unless a law has been approved designating the National Highway System. “(C) Maximum mileage.— For purposes of proposing highways for designation to the National Highway System, the mileage of highways on the National Highway System shall not exceed 155,000 miles; except that the Secretary may increase or decrease such maximum mileage by not to exceed 15 percent. “(D) Equitable allocations of highway mileage.— In proposing highways for designation to the National High-way System, the Secretary shall provide for equitable allocation of highway mileage among the States. “(4) Interim system.— For fiscal years 1992, 1993, 1994, and 1995, highways classified as principal arterials by the States shall be treated as being on the National Highway System for purposes of this title.”.

51. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1006(a) · 105 Stat. 1914

    1. Added · 23 U.S.C. § 103(b)

       Pub. L. 102–240, § 1006(a), added subsec. (b)

    2. Struck · 23 U.S.C. § 103(b)

       Pub. L. 102–240, § 1006(a), struck out former subsec. (b) which related to Federal-aid primary system

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–240, § 1006(a), added subsec. (b) and struck out former subsec. (b) which related to Federal-aid primary system.

    Enacted provision · exact public law section
    (a) Establishment.— Section 103 of title 23, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: “(a) In General.— For purposes of this title, the Federal-aid systems are the Interstate System and the National Highway System. “(b) National Highway System.— “(1) Purpose.— The purpose of the National Highway System is to provide an interconnected system of principal arterial routes which will serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations; meet national defense requirements; and serve interstate and interregional travel. “(2) Components.— The National Highway System shall consist of the following: “(A) Highways designated as part of the Interstate System under subsection (e) and section 139 of this title. “(B) Other urban and rural principal arterials and highways (including toll facilities) which provide motor vehicle access between such an arterial and a major port, airport, public transportation facility, or other intermodal transportation facility. The States, in cooperation with local and regional officials, shall propose to the Secretary arterials and highways for designation to the National Highway System under this paragraph. In urbanized areas, the local officials shall act through the metropolitan planning organizations designated for such areas under section 134 of this title. The routes on the National Highway System, as shown on the map submitted by the Secretary to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate in 1991, illustrating the National Highway System, shall serve as the basis for the States in proposing arterials and highways for designation to such system. The Secretary may modify or revise such proposals and submit such modified or revised proposals to Congress for approval in accordance with paragraph (3). “(C) A strategic highway network which is a network of highways which are important to the United States strategic defense policy and which provide defense access, continuity, and emergency capabilities for the movement of personnel, materials, and equipment in both peace time and war time. Such highways may include highways on and off the Interstate System and shall be designated by the Secretary in consultation with appropriate Federal agencies and the States and be subject to approval by Congress in accordance with paragraph (3). “(D) Major strategic highway network connectors which are highways that provide motor vehicle access between major military installations and highways which are part of the strategic highway network. Such highways shall be designated by the Secretary in consultation with appropriate Federal agencies and the States and subject to approval by Congress in accordance with paragraph (3). “(3) Approval of designations.— “(A) Proposed designations.— Not later than 2 years after the date of the enactment of this section, the Secretary shall submit for approval to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a proposed National Highway System with a list and description of highways proposed to be designated to the National Highway System under this subsection and a map showing such proposed designations. In preparing the proposed system, the Secretary shall consult appropriate local officials and shall use the functional reclassification of roads and streets carried out under subsection (c) of section 1006 of the Intermodal Surface Transportation Efficiency Act of 1991. “(B) Approval of congress required.— After September 30, 1995, no funds made available for carrying out this title may be apportioned for the National Highway System or the Interstate maintenance program under this title unless a law has been approved designating the National Highway System. “(C) Maximum mileage.— For purposes of proposing highways for designation to the National Highway System, the mileage of highways on the National Highway System shall not exceed 155,000 miles; except that the Secretary may increase or decrease such maximum mileage by not to exceed 15 percent. “(D) Equitable allocations of highway mileage.— In proposing highways for designation to the National High-way System, the Secretary shall provide for equitable allocation of highway mileage among the States. “(4) Interim system.— For fiscal years 1992, 1993, 1994, and 1995, highways classified as principal arterials by the States shall be treated as being on the National Highway System for purposes of this title.”.

52. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1006(b)(1) · 105 Stat. 1914

    Struck · 23 U.S.C. § 103(c); 23 U.S.C. § 103(d)

    Pub. L. 102–240, § 1006(b)(1), struck out subsecs. (c) and (d) which related to Federal-aid secondary system and Federal-aid urban system, respectively

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 102–240, § 1006(b)(1), struck out subsecs. (c) and (d) which related to Federal-aid secondary system and Federal-aid urban system, respectively.

    Enacted provision · exact public law section
    (1) Repeal of federal-aid secondary and urban systems.— Subsections (c) and (d) of such section are repealed.

53. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1011(c) · 105 Stat. 1914

    Substituted · 23 U.S.C. § 103(e)(4)(E)(i)

    Pub. L. 102–240, § 1011(c), inserted provisions at end specifying that funds authorized to be appropriated for substitute transit projects for fiscal year 1993 and for substitute highway projects for fiscal year 1995 are to remain available until expended

    Source evidence

    Code amendment note
    Subsec. (e)(4)(E)(i). Pub. L. 102–240, § 1011(c), inserted provisions at end specifying that funds authorized to be appropriated for substitute transit projects for fiscal year 1993 and for substitute highway projects for fiscal year 1995 are to remain available until expended.

    Enacted provision · exact public law section
    (c) 23 USC 103. Period of Availability.— Section 103(e)(4)(E)(i) of such title is amended by adding at the end the following new sentence: “In the case of funds authorized to be appropriated for substitute transit projects under this paragraph for fiscal year 1993 and for substitute highway projects under this paragraph for fiscal year 1995, such funds shall remain available until expended.”.

54. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1011(a)(1) · 105 Stat. 1914

    1. Struck · 23 U.S.C. § 103(e)(4)(G)

       Pub. L. 102–240, § 1011(a)(1), struck out “and” before “$740,000,000”

    2. Inserted · 23 U.S.C. § 103(e)(4)(G)

       Pub. L. 102–240, § 1011(a)(1), inserted provisions relating to fiscal years 1992 through 1995

    3. Substituted · 23 U.S.C. § 103(e)(4)(G)

       Pub. L. 102–240, § 1011(a)(1), inserted provisions authorizing obligation of sums for transit substitute projects

    Source evidence

    Code amendment note
    Subsec. (e)(4)(G). Pub. L. 102–240, § 1011(a)(1), struck out “and” before “$740,000,000”, inserted provisions relating to fiscal years 1992 through 1995 and inserted provisions authorizing obligation of sums for transit substitute projects.

    Enacted provision · exact public law section
    (1) Authorization of appropriations.— Section 103(e)(4)(G) of title 23, United States Code, is amended— (A) by striking “and” the next to the last place it appears; (B) by inserting before the period at the end the following: “, $240,000,000 per fiscal year for each of fiscal years 1992, 1993, 1994, and 1995”; and (C) by adding at the end the following: “Such sums may be obligated for transit substitute projects under this paragraph.”.

55. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1011(a)(2)(A) · 105 Stat. 1914

    Inserted · 23 U.S.C. § 103(e)(4)(H)(i)

    Pub. L. 102–240, § 1011(a)(2)(A), inserted provisions at end relating to apportionment of funds for fiscal years 1992 through 1995

    Source evidence

    Code amendment note
    Subsec. (e)(4)(H)(i). Pub. L. 102–240, § 1011(a)(2)(A), inserted provisions at end relating to apportionment of funds for fiscal years 1992 through 1995.

    Enacted provision · exact public law section
    (A) by adding at the end of clause (i) the following new sentence: “For each of fiscal years 1992, 1993, 1994, and 1995, all funds made available by subparagraph (G) shall be apportioned in accordance with cost estimates adjusted by the Secretary.”;

56. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1011(a)(2)(B) · 105 Stat. 1914

    1. Substituted · 23 U.S.C. § 103(e)(4)(H)(iii)

       Pub. L. 102–240, § 1011(a)(2)(B), (C), substituted “1988–1995” for “1988, 1989, 1990, and 1991” in text

    2. Substituted · 23 U.S.C. § 103(e)(4)(H)(iii)

       Pub. L. 102–240, § 1011(a)(2)(B), (C), substituted “1991, 1992, 1993, 1994, and 1995” for “and 1991” in text

    Source evidence

    Code amendment note
    Subsec. (e)(4)(H)(iii). Pub. L. 102–240, § 1011(a)(2)(B), (C), substituted “1988–1995” for “1988, 1989, 1990, and 1991” in heading and “1991, 1992, 1993, 1994, and 1995” for “and 1991” in text.

    Enacted provision · exact public law section
    (B) in clause (iii), by striking “1988, 1989, 1990, and 1991 apportionments” and inserting “1988–1995 apportionments”; and

57. 1991

    Federal Transit Act Amendments of 1991

    Pub. L. 102–240 § 3003(b) · 105 Stat. 1914

    Substituted · 23 U.S.C. § 103(e)(4)(I)

    Pub. L. 102–240, § 3003(b), substituted “Federal Transit Act” for “Urban Mass Transportation Act of 1964”

    Source evidence

    Code amendment note
    Subsec. (e)(4)(I). Pub. L. 102–240, § 3003(b), substituted “Federal Transit Act” for “Urban Mass Transportation Act of 1964”.

    Enacted provision · exact public law section
    (b) 49 USC app. 1601 note. Other References.— Any reference in a law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Act of 1964 shall be deemed to be a reference to the “Federal Transit Act”.

58. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1011(b)(1) · 105 Stat. 1914

    Inserted · 23 U.S.C. § 103(e)(4)(J)(i)

    Pub. L. 102–240, § 1011(b)(1), (2), inserted “and ending before October 1, 1991” after “1983,” and provisions at end relating to apportionment of 100 percent of funds appropriated for fiscal years 1992 and 1993

    Source evidence

    Code amendment note
    Subsec. (e)(4)(J)(i). Pub. L. 102–240, § 1011(b)(1), (2), inserted “and ending before October 1, 1991” after “1983,” and provisions at end relating to apportionment of 100 percent of funds appropriated for fiscal years 1992 and 1993.

    Enacted provision · exact public law section
    (1) in clause (i) by inserting after “1983,” the following: “and ending before October 1, 1991”;

59. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1011(b)(3) · 105 Stat. 1914

    1. Substituted · 23 U.S.C. § 103(e)(4)(J)(iii)

       Pub. L. 102–240, § 1011(b)(3), (4), substituted “1988–1993” for “1988, 1989, 1990, and 1991” in heading

    2. Substituted · 23 U.S.C. § 103(e)(4)(J)(iii)

       Pub. L. 102–240, § 1011(b)(3), (4), substituted “1991, 1992, and 1993” for “and 1991” in text

    Source evidence

    Code amendment note
    Subsec. (e)(4)(J)(iii). Pub. L. 102–240, § 1011(b)(3), (4), substituted “1988–1993” for “1988, 1989, 1990, and 1991” in heading and substituted “1991, 1992, and 1993” for “and 1991” in text.

    Enacted provision · exact public law section
    (3) in clause (iii) by striking “1988, 1989, 1990, and 1991 apportionments” and inserting “1988–1993 apportionments”; and

60. 1991

    Federal Transit Act Amendments of 1991

    Pub. L. 102–240 § 3003(b) · 105 Stat. 1914

    1. Substituted · 23 U.S.C. § 103(e)(4)(L)

       Pub. L. 102–240, § 3003(b), substituted “FTA” for “UMTA” in cls. (i) and (ii)

    2. Substituted · 23 U.S.C. § 103(e)(4)(L)

       Pub. L. 102–240, § 3003(b), substituted “Federal Transit Act” for “Urban Mass Transportation Act of 1964” in cls. (i) and (ii)

    Source evidence

    Code amendment note
    Subsec. (e)(4)(L). Pub. L. 102–240, § 3003(b), substituted “FTA” for “UMTA” in heading and “Federal Transit Act” for “Urban Mass Transportation Act of 1964” in cls. (i) and (ii).

    Enacted provision · exact public law section
    (b) 49 USC app. 1601 note. Other References.— Any reference in a law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Act of 1964 shall be deemed to be a reference to the “Federal Transit Act”.

61. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1006(b)(2) · 105 Stat. 1914

    1. Struck · 23 U.S.C. § 103(f)

       Pub. L. 102–240, § 1006(b)(2), struck out “the Federal-aid primary system, the Federal-aid secondary system, the Federal-aid urban system, and” before “the Interstate System”

    2. Struck · 23 U.S.C. § 103(f)

       Pub. L. 102–240, § 1006(b)(2), struck out at end “No Federal-aid system or portion thereof shall be eligible for projects in which Federal funds participate until approved by the Secretary.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–240, § 1006(b)(2), struck out “the Federal-aid primary system, the Federal-aid secondary system, the Federal-aid urban system, and” before “the Interstate System” and struck out at end “No Federal-aid system or portion thereof shall be eligible for projects in which Federal funds participate until approved by the Secretary.”

    Enacted provision · exact public law section
    (2) Approval.— Subsection (f) of such section is amended— (A) by striking “the Federal-aid primary system, the Federal-aid secondary system, the Federal-aid urban system, and”; and (B) by striking the last sentence.

62. 1991

    Intermodal Surface Transportation Efficiency Act of 1991

    Pub. L. 102–240 § 1006(d) · 105 Stat. 1914

    Added · 23 U.S.C. § 103(i)

    Pub. L. 102–240, § 1006(d), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 102–240, § 1006(d), added subsec. (i).

    Enacted provision · exact public law section
    (d) Project Eligibility.— Section 103 of title 23, United States Code, is amended by adding at the end the following new subsection: “(i) Eligible Projects for NHS.— Subject to project approval by the Secretary, funds apportioned to a State under section 104(b)(1) for the National Highway System may be obligated for any of the following: “(1) Construction, reconstruction, resurfacing, restoration, and rehabilitation of segments of such system. “(2) Operational improvements for segments of such system. “(3) Construction of, and operational improvements for, a Federal-aid highway not on the National Highway System and construction of a transit project eligible for assistance under the Federal Transit Act— “(A) if such highway or transit project is in the same corridor as, and in proximity to, a fully access controlled highway designated to the National Highway System; “(B) if the construction or improvements will improve the level of service on the fully access controlled highway and improve regional travel; and “(C) if the construction or improvements are more cost effective than an improvement to the fully access controlled highway that has benefits comparable to the benefits which will be achieved by the construction of, or improvements to, the highway not on the National Highway System. “(4) Highway safety improvements for segments of the National Highway System. “(5) Transportation planning in accordance with sections 134 and 135. “(6) Highway research and planning in accordance with section 307. “(7) Highway-related technology transfer activities. “(8) Startup costs for traffic management and control if such costs are limited to the time period necessary to achieve operable status but not to exceed 2 years following the date of project approval, if such funds are not used to replace existing funds. “(9) Fringe and corridor parking facilities. “(10) Carpool and vanpool projects. “(11) Bicycle transportation and pedestrian walkways in accordance with section 217. “(12) Development and establishment of management systems under section 303. “(13) In accordance with all applicable Federal law and regulations, participation in wetlands mitigation efforts related to projects funded under this title, which may include participation in wetlands mitigation banks; contributions to statewide and regional efforts to conserve, restore, enhance and create wetlands; and development of statewide and regional wetlands conservation and mitigation plans, including any such banks, efforts, and plans authorized pursuant to the Water Resources Development Act of 1990 (including crediting provisions). Contributions to such mitigation efforts may take place concurrent with or in advance of project construction. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transportation planning processes.”.

63. 1994

    Pub. L. 103–272 § 5(f)(1)(A) · 108 Stat. 745

    1. Amended · 23 U.S.C. § 103(e)(4)(L)(i)

       Pub. L. 103–272, § 5(f)(1)(A), as amended by Pub. L. 103–429, § 7(a)(4)(B)

    2. Substituted · 23 U.S.C. § 103(e)(4)(L)(i)

       Pub. L. 103–272, § 5(f)(1)(A), as substituted “chapter 53 of title 49” for “the Federal Transit Act”

    Source evidence

    Code amendment note
    Subsec. (e)(4)(L)(i). Pub. L. 103–272, § 5(f)(1)(A), as amended by Pub. L. 103–429, § 7(a)(4)(B), substituted “chapter 53 of title 49” for “the Federal Transit Act”.

    Enacted provision · exact public law section
    (A) in clause (i), strike “the Urban Mass Transportation Act of 1964” and substitute “chapter 53 of title 49”; and

64. 1994

    Pub. L. 103–272 § 5(f)(1)(B) · 108 Stat. 745

    1. Amended · 23 U.S.C. § 103(e)(4)(L)(ii)

       Pub. L. 103–272, § 5(f)(1)(B), as amended by Pub. L. 103–429, § 7(a)(4)(B)

    2. Substituted · 23 U.S.C. § 103(e)(4)(L)(ii)

       Pub. L. 103–272, § 5(f)(1)(B), as substituted “section 5323(a)(1)(D) of title 49” for “section 3(e)(4) of the Federal Transit Act”

    Source evidence

    Code amendment note
    Subsec. (e)(4)(L)(ii). Pub. L. 103–272, § 5(f)(1)(B), as amended by Pub. L. 103–429, § 7(a)(4)(B), substituted “section 5323(a)(1)(D) of title 49” for “section 3(e)(4) of the Federal Transit Act”.

    Enacted provision · exact public law section
    (B) in clause (ii), strike “section 3(e)(4) of the Urban Mass Transportation Act of 1964” and substitute “section 5323(a)(1)(D) of title 49”.

65. 1994

    Pub. L. 103–429 § 3(1) · 108 Stat. 4377

    Substituted · 23 U.S.C. § 103(i)(3)

    Pub. L. 103–429, § 3(1), substituted “chapter 53 of title 49” for “the Federal Transit Act”

    Source evidence

    Code amendment note
    Subsec. (i)(3). Pub. L. 103–429, § 3(1), substituted “chapter 53 of title 49” for “the Federal Transit Act”.

    Enacted provision · exact public law section
    (1) In section 103(i)(3), strike “the Federal Transit Act” and substitute “chapter 53 of title 49”.

66. 1995

    National Highway System Designation Act of 1995

    Pub. L. 104–59 § 101(b)(1) · 109 Stat. 568

    Substituted · 23 U.S.C. § 103(b)(3)(C)

    Pub. L. 104–59, § 101(b)(1), substituted “The” for “For purposes of proposing highways for designation to the National Highway System, the”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(C). Pub. L. 104–59, § 101(b)(1), substituted “The” for “For purposes of proposing highways for designation to the National Highway System, the”.

    Enacted provision · exact public law section
    (1) in subparagraph (C) by striking “For purposes of proposing highways for designation to the National Highway System, the” and inserting “The”; and

67. 1995

    National Highway System Designation Act of 1995

    Pub. L. 104–59 § 101(b)(2) · 109 Stat. 568

    1. Substituted · 23 U.S.C. § 103(b)(3)(D)

       Pub. L. 104–59, § 101(b)(2), substituted “The” for “In proposing highways for designation to the National Highway System, the”

    2. Inserted · 23 U.S.C. § 103(b)(3)(D)

       Pub. L. 104–59, § 101(b)(2), inserted “on the National Highway System” after “highway mileage”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(D). Pub. L. 104–59, § 101(b)(2), substituted “The” for “In proposing highways for designation to the National Highway System, the” and inserted “on the National Highway System” after “highway mileage”.

    Enacted provision · exact public law section
    (2) in subparagraph (D)— (A) by striking “In proposing highways for designation to the National Highway System, the” and inserting “The”; and (B) by inserting after “mileage” the following: “on the National Highway System”.

68. 1995

    National Highway System Designation Act of 1995

    Pub. L. 104–59 § 101(a) · 109 Stat. 568

    Added · 23 U.S.C. § 103(b)(5)(8)

    Pub. L. 104–59, § 101(a), added pars. (5) to (8)

    Source evidence

    Code amendment note
    Subsec. (b)(5) to (8). Pub. L. 104–59, § 101(a), added pars. (5) to (8).

    Enacted provision · exact public law section
    (a) In General.— Section 103(b) of title 23, United States Code, is amended by adding at the end the following: “(5) Designation of nhs.— The National Highway System as submitted by the Secretary of Transportation on the map entitled ‘Official Submission, National Highway System, Federal Highway Administration’, and dated November 13, 1995, is hereby designated within the United States, including the District of Columbia and the Commonwealth of Puerto Rico. “(6) Modifications to nhs.— “(A) In general.— Subject to paragraph (7), the Secretary may make modifications to the National Highway System that are proposed by a State or that are proposed by the State and revised by the Secretary if the Secretary determines that each of the modifications— “(i) meets the criteria established for the National Highway System under this title; and “(ii) enhances the national transportation characteristics of the National Highway System. “(B) Cooperation.— In proposing modifications under this paragraph, a State shall cooperate with local and regional officials. In urbanized areas, the local officials shall act through the metropolitan planning organizations designated for such areas under section 134. “(7) Transitional rules for intermodal connectors.— “(A) Required submission.— Not later than 180 days after the date of the enactment of the National Highway System Designation Act of 1995, the Secretary shall submit for approval to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives modifications to the National Highway System that are proposed by a State or that are proposed by the State and revised by the Secretary and that consist of connectors to major ports, airports, international border crossings, public transportation and transit facilities, interstate bus terminals, and rail and other intermodal transportation facilities. “(B) Cooperation.— Paragraph (6)(B) shall apply to modifications proposed by a State under this paragraph. “(C) Eligibility.— “(i) Initial approval by law.— Modifications proposed under subparagraph (A) may take effect only if a law has been enacted approving such modifications. “(ii) Interim eligibility.— Notwithstanding clause (i), a project to construct a connector to an intermodal transportation facility described in subparagraph (A) shall be eligible for funds apportioned under section 104(b)(1) for the National Highway System if the Secretary finds that the project is consistent with criteria developed by the Secretary for construction of such connectors. “(iii) Period of eligibility.— A project which is eligible under clause (ii) for funds apportioned under section 104(b)(1) shall remain eligible for such funds pursuant to clause (ii) only until the date of the enactment of a law described in clause (i). “(D) Modifications after initial approval.— After the date of the enactment of a law described in subparagraph (C)(i), a modification consisting of a connector to an intermodal transportation facility described in subparagraph (A) may be made in accordance with paragraph (6). “(8) Congressional high priority corridors.— Upon the completion of feasibility studies, the Secretary shall add to the National Highway System any congressional high priority corridor or any segment thereof established by section 1105 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031–2037) which was not identified on the National Highway System designated by paragraph (5).”.

69. 1995

    National Highway System Designation Act of 1995

    Pub. L. 104–59 § 301(a) · 109 Stat. 568

    1. Added · 23 U.S.C. § 103(i)(8)

       Pub. L. 104–59, § 301(a), added par. (8)

    2. Struck · 23 U.S.C. § 103(i)(8)

       Pub. L. 104–59, § 301(a), struck out former par. (8) which read as follows: “Startup costs for traffic management and control if such costs are limited to the time period necessary to achieve operable status but not to exceed 2 years following the date of project approval, if such funds are not used to replace existing funds.”

    Source evidence

    Code amendment note
    Subsec. (i)(8). Pub. L. 104–59, § 301(a), added par. (8) and struck out former par. (8) which read as follows: “Startup costs for traffic management and control if such costs are limited to the time period necessary to achieve operable status but not to exceed 2 years following the date of project approval, if such funds are not used to replace existing funds.”

    Enacted provision · exact public law section
    (a) Eligibility.— Section 103(i) of title 23, United States Code, is amended by striking paragraph (8) and inserting the following: “(8) Capital and operating costs for traffic monitoring, management, and control facilities and programs.”.

70. 1996

    Pub. L. 104–287 § 2 · 110 Stat. 3388

    Substituted · 23 U.S.C. § 103(e)(4)(L)

    Pub. L. 104–287 substituted “chapter 53 of title 49” for “fta” in heading

    Source evidence

    Code amendment note
    Subsec. (e)(4)(L). Pub. L. 104–287 substituted “chapter 53 of title 49” for “fta” in heading.

    Enacted provision · exact public law section
    SEC. 2. TITLE 23, UNITED STATES CODE. In the catchline for section 103(e)(4)(L) of title 23, United States Code, strike “FTA” and substitute “CHAPTER 53 OF TITLE 49”.

71. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 title I § 1106(b) · 112 Stat. 107

    Amended · 23 U.S.C. § 103

    Pub. L. 105–178 reenacted section catchline without change and amended text generally. Prior to amendment, section related to Federal-aid systems and, in subsec. (a), identified such systems, in subsec. (b), described National Highway System, in subsec. (e), described Interstate Highway System, in subsec. (f), specified authority of Secretary with respect to system, in subsec. (g), provided for removal of certain parts from system, in subsec. (h), authorized Secretary to pay all non-Federal costs of certain parts of system, and in subsec. (i), described eligible projects for National Highway System

    Source evidence

    Code amendment note
    Pub. L. 105–178 reenacted section catchline without change and amended text generally. Prior to amendment, section related to Federal-aid systems and, in subsec. (a), identified such systems, in subsec. (b), described National Highway System, in subsec. (e), described Interstate Highway System, in subsec. (f), specified authority of Secretary with respect to system, in subsec. (g), provided for removal of certain parts from system, in subsec. (h), authorized Secretary to pay all non-Federal costs of certain parts of system, and in subsec. (i), described eligible projects for National Highway System.

    Enacted provision · exact public law section
    (b) Federal-Aid Systems.— Section 103 of title 23, United States Code, is amended to read as follows: “§ 103. Federal-aid systems “(a) In General.— For the purposes of this title, the Federal-aid systems are the Interstate System and the National Highway System. “(b) National Highway System.— “(1) Description.— The National Highway System consists of the highway routes and connections to transportation facilities depicted on the map submitted by the Secretary to Congress with the report entitled ‘Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals’ and dated May 24,1996. The system shall— “(A) serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations; “(B) meet national defense requirements; and “(C) serve interstate and interregional travel. “(2) Components.— The National Highway System described in paragraph (1) consists of the following: “(A) The Interstate System described in subsection (c). “(B) Other urban and rural principal arterial routes. “(C) Other connector highways (including toll facilities) that provide motor vehicle access between arterial routes on the National Highway System and a major intermodal transportation facility. “(D) A strategic highway network consisting of a network of highways that are important to the United States strategic defense policy and that provide defense access, continuity, and emergency capabilities for the movement of personnel, materials, and equipment in both peacetime and wartime. The highways may be highways on or off the Interstate System and shall be designated by the Secretary in consultation with appropriate Federal agencies and the States. “(E) Major strategic highway network connectors consisting of highways that provide motor vehicle access between major military installations and highways that are part of the strategic highway network. The highways shall be designated by the Secretary in consultation with appropriate Federal agencies and the States. “(3) Maximum mileage.— The mileage of highways on the National Highway System shall not exceed 178,250 miles. “(4) Modifications to nhs.— “(A) In general.— The Secretary may make any modification, including any modification consisting of a connector to a major intermodal terminal, to the National Highway System that is proposed by a State or that is proposed by a State and revised by the Secretary if the Secretary determines that the modification— “(i) meets the criteria established for the National Highway System under this title; and “(ii) enhances the national transportation characteristics of the National Highway System. “(B) Cooperation.— “(i) In general.— In proposing a modification under this paragraph, a State shall cooperate with local and regional officials. “(ii) Urbanized areas.— In an urbanized area, the local officials shall act through the metropolitan planning organization designated for the area under section 134. “(5) Congressional high priority corridors.— Upon the completion of feasibility studies, the Secretary shall add to the National Highway System any congressional high priority corridor or any segment of such a corridor established by section 1105 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031 et seq.) that was not identified on the National Highway System described in paragraph (1). “(6) Eligible projects for nhs.— Subject to approval by the Secretary, funds apportioned to a State under section 104(b)(1) for the National Highway System may be obligated for any of the following: “(A) Construction, reconstruction, resurfacing, restoration, and rehabilitation of segments of the National Highway System. “(B) Operational improvements for segments of the National Highway System. “(C) Construction of, and operational improvements for, a Federal-aid highway not on the National Highway System, and construction of a transit project eligible for assistance under chapter 53 of title 49, if— “(i) the highway or transit project is in the same corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National Highway System; “(ii) the construction or improvements will improve the level of service on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and “(iii) the construction or improvements are more cost-effective than an improvement to the fully access-controlled highway described in clause (i). “(D) Highway safety improvements for segments of the National Highway System. “(E) Transportation planning in accordance with sections 134 and 135. “(F) Highway research and planning in accordance with chapter 5. “(G) Highway-related technology transfer activities. “(H) Capital and operating costs for traffic monitoring, management, and control facilities and programs. “(I) Fringe and corridor parking facilities. “(J) Carpool and vanpool projects. “(K) Bicycle transportation and pedestrian walkways in accordance with section 217. “(L) Development, establishment, and implementation of management systems under section 303. “(M) In accordance with all applicable Federal law (including regulations), participation in natural habitat and wetland mitigation efforts related to projects funded under this title, which may include participation in natural habitat and wetland mitigation banks, contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetland, and development of statewide and regional natural habitat and wetland conservation and mitigation plans, including any such banks, efforts, and plans authorized under the Water Resources Development Act of 1990 (Public Law 101–640) (including crediting provisions). Contributions to the mitigation efforts described in the preceding sentence may take place concurrent with or in advance of project construction; except that contributions in advance of project construction may occur only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State transportation planning processes. With respect to participation in a natural habitat or wetland mitigation effort related to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference shall be given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or other applicable Federal law (including regulations). “(N) Publicly-owned intracity or intercity bus terminals. “(O) Infrastructure-based intelligent transportation systems capital improvements. “(P) In the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, any project eligible for assistance under section 133, any airport, and any seaport. “(c) Interstate System.— “(1) Description.— “(A) In general.— The Dwight D. Eisenhower National System of Interstate and Defense Highways within the United States (including the District of Columbia and Puerto Rico) consists of highways designed, located, and selected in accordance with this paragraph. “(B) Design.— “(i) In general.— Except as provided in clause (ii), highways on the Interstate System shall be designed in accordance with the standards of section 109(b). “(ii) Exception.— Highways on the Interstate System in Alaska and Puerto Rico shall be designed in accordance with such geometric and construction standards as are adequate for current and probable future traffic demands and the needs of the locality of the highway. “(C) Location.— Highways on the Interstate System shall be located so as— “(i) to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers; “(ii) to serve the national defense; and “(iii) to the maximum extent practicable, to connect at suitable border points with routes of continental importance in Canada and Mexico. “(D) Selection of routes.— To the maximum extent practicable, each route of the Interstate System shall be selected by joint action of the State transportation departments of the State in which the route is located and the adjoining States, in cooperation with local and regional officials, and subject to the approval of the Secretary. “(2) Maximum mileage.— The mileage of highways on the Interstate System shall not exceed 43,000 miles, exclusive of designations under paragraph (4). “(3) Modifications.— The Secretary may approve or require modifications to the Interstate System in a manner consistent with the policies and procedures established under this subsection. “(4) Interstate system designations.— “(A) Additions.— If the Secretary determines that a highway on the National Highway System meets all standards of a highway on the Interstate System and that the highway is a logical addition or connection to the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a route on the Interstate System. “(B) Designations as future interstate system routes.— “(i) In general.— If the Secretary determines that a highway on the National Highway System would be a logical addition or connection to the Interstate System and would qualify for designation as a route on the Interstate System under subparagraph (A) if the highway met all standards of a highway on the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a future Interstate System route. “(ii) Written agreement of states.— A designation under clause (i) shall be made only upon the written agreement of the State or States described in such clause that the highway will be constructed to meet all standards of a highway on the Interstate System by the date that is 12 years after the date of the agreement. “(iii) Removal of designation.— “(I) In general.— If the State or States described in clause (i) have not substantially completed the construction of a highway designated under this subparagraph within the time provided for in the agreement between the Secretary and the State or States under clause (ii), the Secretary shall remove the designation of the highway as a future Interstate System route. “(II) Effect of removal.— Removal of the designation of a highway under subclause (I) shall not preclude the Secretary from designating the highway as a route on the Interstate System under subparagraph (A) or under any other provision of law providing for addition to the Interstate System. “(iv) Prohibition on referral as interstate system route.— No law, rule, regulation, map, document, or other record of the United States, or of any State or political subdivision of a State, shall refer to any highway designated as a future Interstate System route under this subparagraph, nor shall any such highway be signed or marked, as a highway on the Interstate System until such time as the highway is constructed to the geometric and construction standards for the Interstate System and has been designated as a route on the Interstate System. “(C) Financial responsibility.— Except as provided in this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway. “(d) Transfer of Interstate Construction Funds.— “(1) Interstate construction funds not in surplus.— “(A) In general.— Upon application by a State and approval by the Secretary, the Secretary may transfer to the apportionment of the State under section 104(b)(1) any amount of funds apportioned to the State under section 104(b)(5)(A) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century), if the amount does not exceed the Federal share of the costs of construction of segments of the Interstate System in the State included in the most recent Interstate System cost estimate. “(B) Effect of transfer.— Upon transfer of an amount under subparagraph (A), the construction on which the amount is based, as included in the most recent Interstate System cost estimate, shall not be eligible for funding under section 104(b)(5)(A) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) or 118(c). “(2) Surplus interstate construction funds.— Upon application by a State and approval by the Secretary, the Secretary may transfer to the apportionment of the State under section 104(b)(1) any amount of surplus funds apportioned to the State under section 104(b)(5)(A) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century), if the State has fully financed all work eligible under the most recent Interstate System cost estimate. “(3) Applicability of certain laws.— Funds transferred under this subsection shall be subject to the laws (including regulations, policies, and procedures) relating to the apportionment to which the funds are transferred.”.

72. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1118(b)(1)(A) · 119 Stat. 1144

    Substituted · 23 U.S.C. § 103(b)(6)

    Pub. L. 109–59, § 1118(b)(1)(A), substituted “State eligible” for “Eligible” in heading

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 109–59, § 1118(b)(1)(A), substituted “State eligible” for “Eligible” in heading.

    Enacted provision · exact public law section
    (A) in the heading for paragraph (6) by striking “Eligible” and inserting “State eligible”;

73. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1118(b)(1)(B) · 119 Stat. 1144

    Struck · 23 U.S.C. § 103(b)(6)(P)

    Pub. L. 109–59, § 1118(b)(1)(B), struck out subpar. (P) which read as follows: “In the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, any project eligible for assistance under section 133, any airport, and any seaport.”

    Source evidence

    Code amendment note
    Subsec. (b)(6)(P). Pub. L. 109–59, § 1118(b)(1)(B), struck out subpar. (P) which read as follows: “In the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, any project eligible for assistance under section 133, any airport, and any seaport.”

    Enacted provision · exact public law section
    (B) in paragraph (6) by striking subparagraph (P); and

74. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 6006(a)(1) · 119 Stat. 1144

    Added · 23 U.S.C. § 103(b)(6)(Q); 23 U.S.C. § 103(b)(6)(R)

    Pub. L. 109–59, § 6006(a)(1), added subpars. (Q) and (R)

    Source evidence

    Code amendment note
    Subsec. (b)(6)(Q), (R). Pub. L. 109–59, § 6006(a)(1), added subpars. (Q) and (R).

    Enacted provision · exact public law section
    (1) Modifications to national highway system.— Section 103(b)(6) of title 23, United States Code, is amended by adding at the end the following: “(Q) Environmental restoration and pollution abatement in accordance with section 328. “(R) Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329.” .

75. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1118(b)(1)(C) · 119 Stat. 1144

    Added · 23 U.S.C. § 103(b)(7)

    Pub. L. 109–59, § 1118(b)(1)(C), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 109–59, § 1118(b)(1)(C), added par. (7).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(7) Territory eligible projects.— Subject to approval by the Secretary, funds set aside for this program under section 104(b)(1) for the National Highway System may be obligated for projects eligible for assistance under the territorial highway program under section 215.” .

76. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1106(a) · 119 Stat. 1144

    Substituted · 23 U.S.C. § 103(c)(4)(B)(ii)

    Pub. L. 109–59, § 1106(a), substituted “25” for “12”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(B)(ii). Pub. L. 109–59, § 1106(a), substituted “25” for “12”.

    Enacted provision · exact public law section
    (a) Extension of Date.— Section 103(c)(4)(B)(ii) of title 23, United States Code, is amended by striking “12” and inserting “25”.

77. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1106(b)(1) · 119 Stat. 1144

    Struck · 23 U.S.C. § 103(c)(4)(B)(iii)(I)

    Pub. L. 109–59, § 1106(b)(1), struck out “in the agreement between the Secretary and the State or States” before “under clause (ii)”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(B)(iii)(I). Pub. L. 109–59, § 1106(b)(1), struck out “in the agreement between the Secretary and the State or States” before “under clause (ii)”.

    Enacted provision · exact public law section
    (1) in subclause (I) by striking “in the agreement between the Secretary and the State or States”; and

78. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 1106(b)(2) · 119 Stat. 1144

    Added · 23 U.S.C. § 103(c)(4)(B)(iii)(III)

    Pub. L. 109–59, § 1106(b)(2), added subcl. (III)

    Source evidence

    Code amendment note
    Subsec. (c)(4)(B)(iii)(III). Pub. L. 109–59, § 1106(b)(2), added subcl. (III).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(III) Existing agreements.— An agreement described in clause (ii) that is entered into before the date of enactment of this subclause shall be deemed to include the 25-year time limitation described in that clause, regardless of any earlier construction completion date in the agreement.” .

79. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 6007 · 119 Stat. 1144

    Added · 23 U.S.C. § 103(c)(5)

    Pub. L. 109–59, § 6007, added par. (5)

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 109–59, § 6007, added par. (5).

    Enacted provision · exact public law section
    SEC. 6007. EXEMPTION OF INTERSTATE SYSTEM.   Section 103(c) of title 23, United States Code, is amended by adding at the end the following: “(5) Exemption of interstate system.— “(A) In general.— Except as provided in subparagraph (B), the Interstate System shall not be considered to be a historic site under section 303 of title 49 or section 138 of this title, regardless of whether the Interstate System or portions or elements of the Interstate System are listed on, or eligible for listing on, the National Register of Historic Places. “(B) Individual elements.— Subject to subparagraph (C), the Secretary shall determine, through the administrative process established for exempting the Interstate System from section 106 of the National Historic Preservation Act (16 U.S.C. 470f), those individual elements of the Interstate System that possess national or exceptional historic significance (such as a historic bridge or a highly significant engineering feature). Such elements shall be considered to be a historic site under section 303 of title 49 or section 138 of this title, as applicable. “(C) Construction, maintenance, restoration, and rehabilitation activities.— Subparagraph (B) does not prohibit a State from carrying out construction, maintenance, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance with section 303 of title 49 or section 138 of this title, as applicable, and section 106 of the National Historic Preservation Act (16 U.S.C. 470f).” .

80. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 div. A title I § 1104(a) · 126 Stat. 405

    Amended · 23 U.S.C. § 103

    Pub. L. 112–141 amended section generally. Prior to amendment, section related to Federal-aid systems

    Source evidence

    Code amendment note
    Pub. L. 112–141 amended section generally. Prior to amendment, section related to Federal-aid systems.

    Enacted provision · exact public law section
    (a) In General.— Section 103 of title 23, United States Code, is amended to read as follows: “§ 103. National Highway System “(a) In General.— For the purposes of this title, the Federal-aid system is the National Highway System, which includes the Interstate System. “(b) National Highway System.— “(1) Description.— The National Highway System consists of the highway routes and connections to transportation facilities that shall— “(A) serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations; “(B) meet national defense requirements; and “(C) serve interstate and interregional travel and commerce. “(2) Components.— The National Highway System described in paragraph (1) consists of the following: “(A) The National Highway System depicted on the map submitted by the Secretary of Transportation to Congress with the report entitled ‘Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals’ and dated May 24, 1996, and modifications approved by the Secretary before the date of enactment of the MAP–21. “(B) Other urban and rural principal arterial routes, and border crossings on those routes, that were not included on the National Highway System before the date of enactment of the MAP–21. “(C) Other connector highways (including toll facilities) that were not included in the National Highway System before the date of enactment of the MAP–21 but that provide motor vehicle access between arterial routes on the National Highway System and a major intermodal transportation facility. “(D) A strategic highway network that— “(i) consists of a network of highways that are important to the United States strategic defense policy, that provide defense access, continuity, and emergency capabilities for the movement of personnel, materials, and equipment in both peacetime and wartime, and that were not included on the National Highway System before the date of enactment of the MAP–21; “(ii) may include highways on or off the Interstate System; and “(iii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States. “(E) Major strategic highway network connectors that— “(i) consist of highways that provide motor vehicle access between major military installations and highways that are part of the strategic highway network but were not included on the National Highway System before the date of enactment of the MAP–21; and “(ii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States. “(3) Modifications to nhs.— “(A) In general.— The Secretary may make any modification, including any modification consisting of a connector to a major intermodal terminal, to the National Highway System that is proposed by a State if the Secretary determines that the modification— “(i) meets the criteria established for the National Highway System under this title after the date of enactment of the MAP–21; and “(ii) enhances the national transportation characteristics of the National Highway System. “(B) Cooperation.— “(i) In general.— In proposing a modification under this paragraph, a State shall cooperate with local and regional officials. “(ii) Urbanized areas.— In an urbanized area, the local officials shall act through the metropolitan planning organization designated for the area under section 134. “(c) Interstate System.— “(1) Description.— “(A) In general.— The Dwight D. Eisenhower National System of Interstate and Defense Highways within the United States (including the District of Columbia and Puerto Rico) consists of highways designed, located, and selected in accordance with this paragraph. “(B) Design.— “(i) In general.— Except as provided in clause (ii), highways on the Interstate System shall be designed in accordance with the standards of section 109(b). “(ii) Exception.— Highways on the Interstate System in Alaska and Puerto Rico shall be designed in accordance with such geometric and construction standards as are adequate for current and probable future traffic demands and the needs of the locality of the highway. “(C) Location.— Highways on the Interstate System shall be located so as— “(i) to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers; “(ii) to serve the national defense; and “(iii) to the maximum extent practicable, to connect at suitable border points with routes of continental importance in Canada and Mexico. “(D) Selection of routes.— To the maximum extent practicable, each route of the Interstate System shall be selected by joint action of the State transportation departments of the State in which the route is located and the adjoining States, in cooperation with local and regional officials, and subject to the approval of the Secretary. “(2) Maximum mileage.— The mileage of highways on the Interstate System shall not exceed 43,000 miles, exclusive of designations under paragraph (4). “(3) Modifications.— The Secretary may approve or require modifications to the Interstate System in a manner consistent with the policies and procedures established under this subsection. “(4) Interstate system designations.— “(A) Additions.— If the Secretary determines that a highway on the National Highway System meets all standards of a highway on the Interstate System and that the highway is a logical addition or connection to the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a route on the Interstate System. “(B) Designations as future interstate system routes.— “(i) In general.— Subject to clauses (ii) through (vi), if the Secretary determines that a highway on the National Highway System would be a logical addition or connection to the Interstate System and would qualify for designation as a route on the Interstate System under subparagraph (A) if the highway met all standards of a highway on the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a future Interstate System route. “(ii) Written agreement.— A designation under clause (i) shall be made only upon the written agreement of each State described in that clause that the highway will be constructed to meet all standards of a highway on the Interstate System by not later than the date that is 25 years after the date of the agreement. “(iii) Failure to complete construction.— If a State described in clause (i) has not substantially completed the construction of a highway designated under this subparagraph by the date specified in clause (ii), the Secretary shall remove the designation of the highway as a future Interstate System route. “(iv) Effect of removal.— Removal of the designation of a highway under clause (iii) shall not preclude the Secretary from designating the highway as a route on the Interstate System under subparagraph (A) or under any other provision of law providing for addition to the Interstate System. “(v) Retroactive effect.— An agreement described in clause (ii) that is entered into before August 10, 2005, shall be deemed to include the 25-year time limitation described in that clause, regardless of any earlier construction completion date in the agreement. “(vi) References.— No law, rule, regulation, map, document, or other record of the United States, or of any State or political subdivision of a State, shall refer to any highway designated as a future Interstate System route under this subparagraph, and no such highway shall be signed or marked, as a highway on the Interstate System, until such time as the highway— “(I) is constructed to the geometric and construction standards for the Interstate System; and “(II) has been designated as a route on the Interstate System. “(C) Financial responsibility.— Except as provided in this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway. “(5) Exemption of interstate system.— “(A) In general.— Except as provided in subparagraph (B), the Interstate System shall not be considered to be a historic site under section 303 of title 49 or section 138 of this title, regardless of whether the Interstate System or portions or elements of the Interstate System are listed on, or eligible for listing on, the National Register of Historic Places. “(B) Individual elements.— Subject to subparagraph (C)— “(i) Determination. the Secretary shall determine, through the administrative process established for exempting the Interstate System from section 106 of the National Historic Preservation Act (16 U.S.C. 470f), those individual elements of the Interstate System that possess national or exceptional historic significance (such as a historic bridge or a highly significant engineering feature); and “(ii) those elements shall be considered to be historic sites under section 303 of title 49 or section 138 of this title, as applicable. “(C) Construction, maintenance, restoration, and rehabilitation activities.— Subparagraph (B) does not prohibit a State from carrying out construction, maintenance, preservation, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance with section 303 of title 49 or section 138 of this title, as applicable, and section 106 of the National Historic Preservation Act (16 U.S.C. 470f).” .

81. 2014

    Pub. L. 113–287 § 5(f)(1)(A) · 128 Stat. 3094

    Substituted · 23 U.S.C. § 103(c)(5)(B)(i)

    Pub. L. 113–287, § 5(f)(1)(A), substituted “section 306108 of title 54” for “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)”

    Source evidence

    Code amendment note
    Subsec. (c)(5)(B)(i). Pub. L. 113–287, § 5(f)(1)(A), substituted “section 306108 of title 54” for “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)”.

    Enacted provision · exact public law section
    (A) in subparagraph (B)(i), by striking “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” and substituting “section 306108 of title 54”; and

82. 2014

    Pub. L. 113–287 § 5(f)(1)(B) · 128 Stat. 3094

    Substituted · 23 U.S.C. § 103(c)(5)(C)

    Pub. L. 113–287, § 5(f)(1)(B), substituted “section 306108 of title 54” for “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)”

    Source evidence

    Code amendment note
    Subsec. (c)(5)(C). Pub. L. 113–287, § 5(f)(1)(B), substituted “section 306108 of title 54” for “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)”.

    Enacted provision · exact public law section
    (B) in subparagraph (C), by striking “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” and substituting “section 306108 of title 54”.

83. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1122(e)(1) · 129 Stat. 1312

    Struck and inserted · 23 U.S.C. § 103(b)(3)(A)

    Pub. L. 114–94, § 1122(e)(1), in introductory provisions, struck out “, including any modification consisting of a connector to a major intermodal terminal,” after “any modification” and inserted “, including any modification consisting of a connector to a major intermodal terminal or the withdrawal of a road from that system,” after “the National Highway System”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(A). Pub. L. 114–94, § 1122(e)(1), in introductory provisions, struck out “, including any modification consisting of a connector to a major intermodal terminal,” after “any modification” and inserted “, including any modification consisting of a connector to a major intermodal terminal or the withdrawal of a road from that system,” after “the National Highway System”.

    Enacted provision · exact public law section
    (1) in the matter preceding clause (i)— (A) by striking “, including any modification consisting of a connector to a major intermodal terminal,”; and (B) by inserting “, including any modification consisting of a connector to a major intermodal terminal or the withdrawal of a road from that system,” after “the National Highway System”; and

    Effective date note
    Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

84. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1122(e)(2) · 129 Stat. 1312

    1. Amended · 23 U.S.C. § 103(b)(3)(A)(ii)

       Pub. L. 114–94, § 1122(e)(2), designated existing provisions as subcl. (I)

    2. Added · 23 U.S.C. § 103(b)(3)(A)(ii)

       Pub. L. 114–94, § 1122(e)(2), added subcl. (II)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(A)(ii). Pub. L. 114–94, § 1122(e)(2), designated existing provisions as subcl. (I) and added subcl. (II).

    Enacted provision · exact public law section
    (2) in clause (ii)— (A) by striking “(ii) enhances” and inserting “(ii)(I) enhances”; (B) by striking the period at the end and inserting “; or”; and (C) by adding at the end the following: “(II) in the case of the withdrawal of a road, is reasonable and appropriate.” .

    Effective date note
    Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

114 of 124 references resolved to an enrolled provision · 10 partial