§ 162. National scenic byways program

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. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 title I § 1219(a) · 112 Stat. 107

   Enacted · 23 U.S.C. § 162

   Added Pub. L. 105–178, title I, § 1219(a), June 9, 1998, 112 Stat. 219

   Source evidence

   Code source credit
   Added Pub. L. 105–178, title I, § 1219(a), June 9, 1998, 112 Stat. 219

   Enacted provision · exact public law section
   (a) In General.— Chapter 1 of title 23, United States Code, is amended by adding at the end the following: “§ 162. National scenic byways program “(a) Designation of Roads.— “(1) In general.— The Secretary shall carry out a national scenic byways program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and archaeological qualities by designating the roads as National Scenic Byways or All-American Roads. “(2) Criteria.— The Secretary shall designate roads to be recognized under the national scenic byways program in accordance with criteria developed by the Secretary. “(3) Nomination.— To be considered for the designation, a road must be nominated by a State or a Federal land management agency and must first be designated as a State scenic byway or, in the case of a road on Federal land, as a Federal land management agency byway. “(b) Grants and Technical Assistance.— “(1) In general.— The Secretary shall make grants and provide technical assistance to States to— “(A) implement projects on highways designated as National Scenic Byways or All-American Roads, or as State scenic byways; and “(B) plan, design, and develop a State scenic byway program. “(2) Priorities.— In making grants, the Secretary shall give priority to— “(A) each eligible project that is associated with a highway that has been designated as a National Scenic Byway or All-American Road and that is consistent with the corridor management plan for the byway; “(B) each eligible project along a State-designated scenic byway that is consistent with the corridor management plan for the byway, or is intended to foster the development of such a plan, and is carried out to make the byway eligible for designation as a National Scenic Byway or All-American Road; and “(C) each eligible project that is associated with the development of a State scenic byway program. “(c) Eligible Projects.— The following are projects that are eligible for Federal assistance under this section: “(1) An activity related to the planning, design, or development of a State scenic byway program. “(2) Development and implementation of a corridor management plan to maintain the scenic, historical, recreational, cultural, natural, and archaeological characteristics of a byway corridor while providing for accommodation of increased tourism and development of related amenities. “(3) Safety improvements to a State scenic byway, National Scenic Byway, or All-American Road to the extent that the improvements are necessary to accommodate increased traffic and changes in the types of vehicles using the highway as a result of the designation as a State scenic byway, National Scenic Byway, or All-American Road. “(4) Construction along a scenic byway of a facility for pedestrians and bicyclists, rest area, turnout, highway shoulder improvement, passing lane, overlook, or interpretive facility. “(5) An improvement to a scenic byway that will enhance access to an area for the purpose of recreation, including water-related recreation. “(6) Protection of scenic, historical, recreational, cultural, natural, and archaeological resources in an area adjacent to a scenic byway. “(7) Development and provision of tourist information to the public, including interpretive information about a scenic byway. “(8) Development and implementation of a scenic byway marketing program. “(d) Limitation.— The Secretary shall not make a grant under this section for any project that would not protect the scenic, historical, recreational, cultural, natural, and archaeological integrity of a highway and adjacent areas. “(e) Savings Clause.— The Secretary shall not withhold any grant or impose any requirement on a State as a condition of providing a grant or technical assistance for any scenic byway unless the requirement is consistent with the authority provided in this chapter. “(f) Federal Share.— The Federal share of the cost of carrying out a project under this section shall be 80 percent, except that, in the case of any scenic byway project along a public road that provides access to or within Federal or Indian land, a Federal land management agency may use funds authorized for use by the agency as the non-Federal share.” .

2. 2005

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

   Pub. L. 109–59 § 1802(a)(1) · 119 Stat. 1144

   Substituted · 23 U.S.C. § 162(a)(1)

   Pub. L. 109–59, § 1802(a)(1), substituted “the roads as—” and subpars. (A) to (C) for “the roads as National Scenic Byways or All-American Roads.”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 109–59, § 1802(a)(1), substituted “the roads as—” and subpars. (A) to (C) for “the roads as National Scenic Byways or All-American Roads.”

   Enacted provision · exact public law section
   (1) in paragraph (1) by striking “the roads as” and all that follows and inserting “the roads as— “(A) National Scenic Byways; “(B) All-American Roads; or “(C) America’s Byways.” ; and

3. 2005

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

   Pub. L. 109–59 § 1802(a)(2) · 119 Stat. 1144

   1. Added · 23 U.S.C. § 162(a)(3); 23 U.S.C. § 162(a)(4)

      Pub. L. 109–59, § 1802(a)(2), added pars. (3) and (4)

   2. Struck · 23 U.S.C. § 162(a)(3); 23 U.S.C. § 162(a)(4)

      Pub. L. 109–59, § 1802(a)(2), struck out heading and text of former par. (3). Text read as follows: “To be considered for the designation, a road must be nominated by a State or a Federal land management agency and must first be designated as a State scenic byway or, in the case of a road on Federal land, as a Federal land management agency byway.”

   Source evidence

   Code amendment note
   Subsec. (a)(3), (4). Pub. L. 109–59, § 1802(a)(2), added pars. (3) and (4) and struck out heading and text of former par. (3). Text read as follows: “To be considered for the designation, a road must be nominated by a State or a Federal land management agency and must first be designated as a State scenic byway or, in the case of a road on Federal land, as a Federal land management agency byway.”

   Enacted provision · exact public law section
   (2) by striking paragraph (3) and inserting the following: “(3) Nomination.— “(A) In general.— To be considered for a designation, a road must be nominated by a State, an Indian tribe, or a Federal land management agency and must first be designated as a State scenic byway, an Indian tribe scenic byway, or, in the case of a road on Federal land, as a Federal land management agency byway. “(B) Nomination by indian tribes.— An Indian tribe may nominate a road as a National Scenic Byway under subparagraph (A) only if a Federal land management agency (other than the Bureau of Indian Affairs), a State, or a political subdivision of a State does not have— “(i) jurisdiction over the road; or “(ii) responsibility for managing the road. “(C) Safety.— An Indian tribe shall maintain the safety and quality of roads nominated by the Indian tribe under subparagraph (A). “(4) Reciprocal notification.— States, Indian tribes, and Federal land management agencies shall notify each other regarding nominations made under this subsection for roads that— “(A) are within the jurisdictional boundary of the State, Federal land management agency, or Indian tribe; or “(B) directly connect to roads for which the State, Federal land management agency, or Indian tribe is responsible.” .

4. 2005

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

   Pub. L. 109–59 § 1802(b)(1) · 119 Stat. 1144

   Inserted · 23 U.S.C. § 162(b)(1)

   Pub. L. 109–59, § 1802(b)(1), inserted “and Indian tribes” after “States” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 109–59, § 1802(b)(1), inserted “and Indian tribes” after “States” in introductory provisions.

   Enacted provision · exact public law section
   (1) in paragraph (1) by inserting “and Indian tribes” after “provide technical assistance to States”;

5. 2005

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

   Pub. L. 109–59 § 1802(b)(2) · 119 Stat. 1144

   Substituted · 23 U.S.C. § 162(b)(1)(A)

   Pub. L. 109–59, § 1802(b)(2), substituted “designated as—” and cls. (i) to (v) for “designated as National Scenic Byways or All-American Roads, or as State scenic byways; and”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 109–59, § 1802(b)(2), substituted “designated as—” and cls. (i) to (v) for “designated as National Scenic Byways or All-American Roads, or as State scenic byways; and”.

   Enacted provision · exact public law section
   (2) in paragraph (1)(A) by striking “designated as” and all that follows through “; and” and inserting “designated as— “(i) National Scenic Byways; “(ii) All-American Roads; “(iii) America’s Byways; “(iv) State scenic byways; or “(v) Indian tribe scenic byways; and” ; and

6. 2005

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

   Pub. L. 109–59 § 1802(b)(3) · 119 Stat. 1144

   Inserted · 23 U.S.C. § 162(b)(1)(B)

   Pub. L. 109–59, § 1802(b)(3), inserted “or Indian tribe” after “State”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B). Pub. L. 109–59, § 1802(b)(3), inserted “or Indian tribe” after “State”.

   Enacted provision · exact public law section
   (3) in paragraph (1)(B) by inserting “or Indian tribe” after “State”;

7. 2005

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

   Pub. L. 109–59 § 1802(b)(4) · 119 Stat. 1144

   Substituted · 23 U.S.C. § 162(b)(2)(A)

   Pub. L. 109–59, § 1802(b)(4), substituted “Byway, All-American Road, or 1 of America’s Byways” for “Byway or All-American Road”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 109–59, § 1802(b)(4), substituted “Byway, All-American Road, or 1 of America’s Byways” for “Byway or All-American Road”.

   Enacted provision · exact public law section
   (4) in paragraph (2)(A) by striking “Byway or All-American Road” and inserting “Byway, All-American Road, or 1 of America’s Byways”;

8. 2005

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

   Pub. L. 109–59 § 1802(b)(5) · 119 Stat. 1144

   Substituted · 23 U.S.C. § 162(b)(2)(B)

   Pub. L. 109–59, § 1802(b)(5), substituted “State or Indian tribe” for “State-designated” and “designation as—” and cls. (i) to (iii) for “designation as a National Scenic Byway or All-American Road; and”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B). Pub. L. 109–59, § 1802(b)(5), substituted “State or Indian tribe” for “State-designated” and “designation as—” and cls. (i) to (iii) for “designation as a National Scenic Byway or All-American Road; and”.

   Enacted provision · exact public law section
   (5) in paragraph (2)(B)— (A) by striking “State-designated” and inserting “State or Indian tribe”; and (B) by striking “designation as a” and all that follows through “; and” and inserting “designation as— “(i) a National Scenic Byway; “(ii) an All-American Road; or “(iii) 1 of America’s Byways; and” ; and

9. 2005

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

   Pub. L. 109–59 § 1802(b)(6) · 119 Stat. 1144

   Inserted · 23 U.S.C. § 162(b)(2)(C)

   Pub. L. 109–59, § 1802(b)(6), inserted “or Indian tribe” after “State”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(C). Pub. L. 109–59, § 1802(b)(6), inserted “or Indian tribe” after “State”.

   Enacted provision · exact public law section
   (6) in paragraph (2)(C) by inserting “or Indian tribe” after “State”.

10. 2005

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

    Pub. L. 109–59 § 1802(c)(1) · 119 Stat. 1144

    Inserted · 23 U.S.C. § 162(c)(1)

    Pub. L. 109–59, § 1802(c)(1), inserted “or Indian tribe” after “State”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 109–59, § 1802(c)(1), inserted “or Indian tribe” after “State”.

    Enacted provision · exact public law section
    (1) in paragraph (1) by inserting “or Indian tribe” after “State”;

11. 2005

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

    Pub. L. 109–59 § 1802(c)(2) · 119 Stat. 1144

    Inserted · 23 U.S.C. § 162(c)(3)

    Pub. L. 109–59, § 1802(c)(2), inserted “Indian tribe scenic byway,” after “improvements to a State scenic byway,” and “designation as a State scenic byway,”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 109–59, § 1802(c)(2), inserted “Indian tribe scenic byway,” after “improvements to a State scenic byway,” and “designation as a State scenic byway,”.

    Enacted provision · exact public law section
    (2) in paragraph (3)— (A) by inserting “Indian tribe scenic byway,” after “improvements to a State scenic byway,”; and (B) by inserting “Indian tribe scenic byway,” after “designation as a State scenic byway,”; and

12. 2005

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

    Pub. L. 109–59 § 1802(c)(3) · 119 Stat. 1144

    Struck · 23 U.S.C. § 162(c)(4)

    Pub. L. 109–59, § 1802(c)(3), struck out “passing lane,” before “overlook,”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 109–59, § 1802(c)(3), struck out “passing lane,” before “overlook,”.

    Enacted provision · exact public law section
    (3) in paragraph (4) by striking “passing lane,”.

13. 2005

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

    Pub. L. 109–59 § 1802(d) · 119 Stat. 1144

    Inserted · 23 U.S.C. § 162(e)

    Pub. L. 109–59, § 1802(d), inserted “or Indian tribe” after “State”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–59, § 1802(d), inserted “or Indian tribe” after “State”.

    Enacted provision · exact public law section
    (d) Conforming Amendment.— Section 162(e) of such title is amended by inserting “or Indian tribe” after “State”.

14. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 § 101 · 122 Stat. 1572

    Substituted · 23 U.S.C. § 162(a)(3)(B)

    Pub. L. 110–244, § 101(o)(1), substituted “a National Scenic Byway, an All-American Road, or one of America’s Byways under paragraph (1)” for “a National Scenic Byway under subparagraph (A)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 110–244, § 101(o)(1), substituted “a National Scenic Byway, an All-American Road, or one of America’s Byways under paragraph (1)” for “a National Scenic Byway under subparagraph (A)” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 101. SURFACE TRANSPORTATION TECHNICAL CORRECTIONS. (a) Correction of Internal References in Disadvantaged Business Enterprises.— Paragraphs (3)(A) and (5) of section 1101(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1156) 23 USC 101 note. are amended by striking “paragraph (1)” each place it appears and inserting “paragraph (2)”. (b) Correction of Distribution of Obligation Authority.— Section 1102(c)(5) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for 23 USC 104 note. Users (119 Stat. 1158) is amended by striking “among the States”. (c) Correction of Federal Lands Highways.— Section 1119 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1190) is amended by striking subsection (m) and inserting the following: “(m) Forest Highways.— Of the amounts made available for public lands highways under section 1101— “(1) not more than $20,000,000 for each fiscal year may be used for the maintenance of forest highways; “(2) not more than $1,000,000 for each fiscal year may be used for signage identifying public hunting and fishing access; and “(3) not more than $10,000,000 for each fiscal year shall be used by the Secretary of Agriculture to pay the costs of facilitating the passage of aquatic species beneath forest roads (as defined in section 101(a) of title 23, United States Code), including the costs of constructing, maintaining, replacing, and removing culverts and bridges, as appropriate.” . (d) Correction of Description of National Corridor Infrastructure Improvement Project.— Item number 1 of the table contained in section 1302(e) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1205) is 23 USC 101 note. amended in the State column by inserting “LA,” after “TX,”. (e) Correction of High Priority Designations.— (1) Kentucky high priority corridor designation.— Section 1105(c)(18)(E) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 189; 115 Stat. 872) is amended by inserting before the period at the end the following: “, follow Interstate Route 24 to the Wendell H. Ford Western Kentucky Parkway, then utilize the existing Wendell H. Ford Western Kentucky Parkway and Edward T. Breathitt (Pennyrile) Parkway to Henderson”. (2) Interstate route 376 high priority designation.— (A) In general.— Section 1105(c)(79) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 119 Stat. 1213) is amended by striking “and on United States Route 422”. (B) Conforming amendment.— Section 1105(e)(5)(B)(i)(I) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2033; 119 Stat. 1213) is amended by striking “and United States Route 422”. (f) Correction of Infrastructure Finance Section.— Section 1602(d)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: 23 USC 190, 610. A Legacy for Users (119 Stat. 1247) is amended by striking “through 189 as sections 601 through 609, respectively” and inserting “through 190 as sections 601 through 610, respectively”. (g) Correction of Project Federal Share.— Section 1964(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1519) is amended— (1) by striking “only for the States of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota,”; and (2) by striking “section 120(b)” and inserting “section 120”. (h) Transportation Systems Management and Operations Defined.— Section 101(a) of title 23, United States Code, is amended by adding at the end the following: “(39) Transportation systems management and operations.— “(A) In general.— The term ‘transportation systems management and operations’ means an integrated program to optimize the performance of existing infrastructure through the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system. “(B) Inclusions.— The term ‘transportation systems management and operations’ includes— “(i) regional operations collaboration and coordination activities between transportation and public safety agencies; and “(ii) improvements to the transportation system, such as traffic detection and surveillance, arterial management, freeway management, demand management, work zone management, emergency management, electronic toll collection, automated enforcement, traffic incident management, roadway weather management, traveler information services, commercial vehicle operations, traffic control, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations.” . (i) Correction of Reference in Apportionment of Highway Safety Improvement Program Funds.— Effective Effective date. October 1, 2007, section 104(b)(5)(A)(iii) of title 23, United States Code, is amended by striking “the Federal-aid system” each place it appears and inserting “Federal-aid highways”. (j) Correction of Amendment To Advance Construction.— Section 115 of title 23, United States Code, is amended by redesignating subsection (d) as subsection (c). (k) Correction of High Priority Projects.— Section 117 of title 23, United States Code, is amended— (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (2) by redesignating the second subsection (c) (relating to Federal share) as subsection (d); (3) in subsection (a)(2)(A) by inserting “(112 Stat. 257)” after “21st Century”; and (4) in subsection (a)(2)(B)— (A) by striking “subsection (b)” and inserting “subsection (c)”; and (B) by striking “SAFETEA–LU” and inserting “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256)”. (l) Correction of Transfer of Unused Protective-Device Funds to Other Highway Safety Improvement Program Projects.— Section 130(e)(2) of title 23, United States Code, is amended by striking “purposes under this subsection” and inserting “highway safety improvement program purposes”. (m) Correction of Highway Bridge Program.— (1) In general.— Section 144 of title 23, United States Code, is amended— (A) in the section heading by striking “replacement and rehabilitation”; (B) in subsections (b), (c)(1), and (e) by striking “Federal-aid system” each place it appears and inserting “Federal-aid highway”; (C) in subsections (c)(2) and (o) by striking “the Federal-aid system” each place it appears and inserting “Federal-aid highways”; (D) in the heading to paragraph (4) of subsection (d) by inserting “systematic” before “preventive”; (E) in subsection (e) by striking “off-system bridges” each place it appears and inserting “bridges not on Federal-aid highways”; (F) by striking subsection (f); (G) by redesignating subsections (g) through (s) as subsections (f) through (r), respectively; (H) in paragraph (1)(A)(vi) of subsection (f) (as redesignated by subparagraph (G) of this paragraph) by inserting “and the removal of the Missisquoi Bay causeway” after “Bridge”; (I) in paragraph (2) of subsection (f) (as redesignated by subparagraph (G) of this paragraph) by striking the paragraph heading and inserting “Bridges not on federal-aid highways”; (J) in subsection (m) (as redesignated by subparagraph (G) of this paragraph) by striking the subsection heading and inserting “Program for Bridges Not on Federal-Aid Highways”; and (K) in subsection (n)(4)(B) (as redesignated by subparagraph (G) of this paragraph) by striking “State highway agency” and inserting “State transportation department”. (2) Special conditions.— Section 1114 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1172) is amended by adding at the end the following: “(h) Special Conditions.— Any unobligated or unexpended funds remaining on completion of the project carried out under section 144(f)(1)(A)(vi) of title 23, United States Code, shall be made available to carry out the project described in section 144(f)(1)(A)(vii) of that title after the date on which the Vermont Agency of Transportation certifies to the Federal Highway Administration the final determination of the agency regarding the removal of the Missisquoi Bay causeway.” . (3) Conforming amendments.— (A) Metropolitan planning.— Section 104(f)(1) of title 23, United States Code, is amended by striking “replacement and rehabilitation”. (B) Equity bonus program.— Subsections (a)(2)(C) and (b)(2)(C) of section 105 of such title are amended by striking “replacement and rehabilitation” each place it appears. (C) Analysis.— The analysis for chapter 1 of such title is amended in the item relating to section 144 by striking “replacement and rehabilitation”. (n) Metropolitan Transportation Planning.— Section 134 of title 23, United States Code, is amended— (1) in subsection (f)(3)(C)(ii) by striking subclause (II) and inserting the following: “(II) Funding.— For fiscal year 2008 and each fiscal year thereafter, in addition to other funds made available to the metropolitan planning organization for the Lake Tahoe region under this title and chapter 53 of title 49, prior to any allocation under section 202 of this title and notwithstanding the allocation provisions of section 202, the Secretary shall set aside ½ of 1 percent of all funds authorized to be appropriated for such fiscal year to carry out section 204 and shall make such funds available to the metropolitan planning organization for the Lake Tahoe region to carry out the transportation planning process, environmental reviews, preliminary engineering, and design to complete environmental documentation for transportation projects for the Lake Tahoe region under the Tahoe Regional Planning Compact as consented to in Public Law 96–551 (94 Stat. 3233) and this paragraph.” ; (2) in subsection (j)(3)(D) by inserting “or the identified phase” after “the project” each place it appears; and (3) in subsection (k)(2) by striking “a metropolitan planning area serving”. (o) Correction of National Scenic Byways Program Coverage.— Section 162 of title 23, United States Code, is amended— (1) in subsection (a)(3)(B) by striking “a National Scenic Byway under subparagraph (A)” and inserting “a National Scenic Byway, an All-American Road, or one of America’s Byways under paragraph (1)”; and (2) in subsection (c)(3) by striking “or All-American Road” each place it appears and inserting “All-American Road, or one of America’s Byways”. (p) Correction of Reference in Toll Provision.— Section 166(b)(5)(C) of title 23, United States Code, is amended by striking “paragraph (3)” and inserting “paragraph (4)”. (q) Correction of Recreational Trails Program Apportionment Exceptions.— Section 206(d)(3)(A) of title 23, United States Code, is amended by striking “(B), (C), and (D)” and inserting “(B) and (C)”. (r) Correction of Infrastructure Finance.— Section 601(a)(3) of title 23, United States Code, is amended by inserting “bbb minus, BBB (low),” after “Baa3,”. (s) Correction of Miscellaneous Typographical Errors.— (1) Section 1401 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1226) is amended by redesignating 23 USC 130, 148 note. subsections (d) and (e) as subsections (c) and (d), respectively. (2) Section 1404(e) of such 23 USC 402 note. Act (119 Stat. 1229) is amended by inserting “tribal,” after “local,”. (3) Section 10211(b)(2) of such Act (119 Stat. 1937) is amended by striking “plan administer” and inserting “plan and administer”. (4) Section 10212(a) of such Act (119 Stat. 1937) is amended— (A) by inserting “equity bonus,” after “minimum guarantee,”; (B) by striking “freight intermodal connectors” and inserting “railway-highway crossings”; (C) by striking “high risk rural road,”; and (D) by inserting after “highway safety improvement programs” the following: “(and separately the set aside for the high risk rural road program)”.

15. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 § 101 · 122 Stat. 1572

    Substituted · 23 U.S.C. § 162(c)(3)

    Pub. L. 110–244, § 101(o)(2), substituted “All-American Road, or one of America’s Byways” for “or All-American Road” in two places

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 110–244, § 101(o)(2), substituted “All-American Road, or one of America’s Byways” for “or All-American Road” in two places.

    Enacted provision · exact public law section
    SEC. 101. SURFACE TRANSPORTATION TECHNICAL CORRECTIONS. (a) Correction of Internal References in Disadvantaged Business Enterprises.— Paragraphs (3)(A) and (5) of section 1101(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1156) 23 USC 101 note. are amended by striking “paragraph (1)” each place it appears and inserting “paragraph (2)”. (b) Correction of Distribution of Obligation Authority.— Section 1102(c)(5) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for 23 USC 104 note. Users (119 Stat. 1158) is amended by striking “among the States”. (c) Correction of Federal Lands Highways.— Section 1119 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1190) is amended by striking subsection (m) and inserting the following: “(m) Forest Highways.— Of the amounts made available for public lands highways under section 1101— “(1) not more than $20,000,000 for each fiscal year may be used for the maintenance of forest highways; “(2) not more than $1,000,000 for each fiscal year may be used for signage identifying public hunting and fishing access; and “(3) not more than $10,000,000 for each fiscal year shall be used by the Secretary of Agriculture to pay the costs of facilitating the passage of aquatic species beneath forest roads (as defined in section 101(a) of title 23, United States Code), including the costs of constructing, maintaining, replacing, and removing culverts and bridges, as appropriate.” . (d) Correction of Description of National Corridor Infrastructure Improvement Project.— Item number 1 of the table contained in section 1302(e) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1205) is 23 USC 101 note. amended in the State column by inserting “LA,” after “TX,”. (e) Correction of High Priority Designations.— (1) Kentucky high priority corridor designation.— Section 1105(c)(18)(E) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 189; 115 Stat. 872) is amended by inserting before the period at the end the following: “, follow Interstate Route 24 to the Wendell H. Ford Western Kentucky Parkway, then utilize the existing Wendell H. Ford Western Kentucky Parkway and Edward T. Breathitt (Pennyrile) Parkway to Henderson”. (2) Interstate route 376 high priority designation.— (A) In general.— Section 1105(c)(79) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 119 Stat. 1213) is amended by striking “and on United States Route 422”. (B) Conforming amendment.— Section 1105(e)(5)(B)(i)(I) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2033; 119 Stat. 1213) is amended by striking “and United States Route 422”. (f) Correction of Infrastructure Finance Section.— Section 1602(d)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: 23 USC 190, 610. A Legacy for Users (119 Stat. 1247) is amended by striking “through 189 as sections 601 through 609, respectively” and inserting “through 190 as sections 601 through 610, respectively”. (g) Correction of Project Federal Share.— Section 1964(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1519) is amended— (1) by striking “only for the States of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota,”; and (2) by striking “section 120(b)” and inserting “section 120”. (h) Transportation Systems Management and Operations Defined.— Section 101(a) of title 23, United States Code, is amended by adding at the end the following: “(39) Transportation systems management and operations.— “(A) In general.— The term ‘transportation systems management and operations’ means an integrated program to optimize the performance of existing infrastructure through the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system. “(B) Inclusions.— The term ‘transportation systems management and operations’ includes— “(i) regional operations collaboration and coordination activities between transportation and public safety agencies; and “(ii) improvements to the transportation system, such as traffic detection and surveillance, arterial management, freeway management, demand management, work zone management, emergency management, electronic toll collection, automated enforcement, traffic incident management, roadway weather management, traveler information services, commercial vehicle operations, traffic control, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations.” . (i) Correction of Reference in Apportionment of Highway Safety Improvement Program Funds.— Effective Effective date. October 1, 2007, section 104(b)(5)(A)(iii) of title 23, United States Code, is amended by striking “the Federal-aid system” each place it appears and inserting “Federal-aid highways”. (j) Correction of Amendment To Advance Construction.— Section 115 of title 23, United States Code, is amended by redesignating subsection (d) as subsection (c). (k) Correction of High Priority Projects.— Section 117 of title 23, United States Code, is amended— (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (2) by redesignating the second subsection (c) (relating to Federal share) as subsection (d); (3) in subsection (a)(2)(A) by inserting “(112 Stat. 257)” after “21st Century”; and (4) in subsection (a)(2)(B)— (A) by striking “subsection (b)” and inserting “subsection (c)”; and (B) by striking “SAFETEA–LU” and inserting “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256)”. (l) Correction of Transfer of Unused Protective-Device Funds to Other Highway Safety Improvement Program Projects.— Section 130(e)(2) of title 23, United States Code, is amended by striking “purposes under this subsection” and inserting “highway safety improvement program purposes”. (m) Correction of Highway Bridge Program.— (1) In general.— Section 144 of title 23, United States Code, is amended— (A) in the section heading by striking “replacement and rehabilitation”; (B) in subsections (b), (c)(1), and (e) by striking “Federal-aid system” each place it appears and inserting “Federal-aid highway”; (C) in subsections (c)(2) and (o) by striking “the Federal-aid system” each place it appears and inserting “Federal-aid highways”; (D) in the heading to paragraph (4) of subsection (d) by inserting “systematic” before “preventive”; (E) in subsection (e) by striking “off-system bridges” each place it appears and inserting “bridges not on Federal-aid highways”; (F) by striking subsection (f); (G) by redesignating subsections (g) through (s) as subsections (f) through (r), respectively; (H) in paragraph (1)(A)(vi) of subsection (f) (as redesignated by subparagraph (G) of this paragraph) by inserting “and the removal of the Missisquoi Bay causeway” after “Bridge”; (I) in paragraph (2) of subsection (f) (as redesignated by subparagraph (G) of this paragraph) by striking the paragraph heading and inserting “Bridges not on federal-aid highways”; (J) in subsection (m) (as redesignated by subparagraph (G) of this paragraph) by striking the subsection heading and inserting “Program for Bridges Not on Federal-Aid Highways”; and (K) in subsection (n)(4)(B) (as redesignated by subparagraph (G) of this paragraph) by striking “State highway agency” and inserting “State transportation department”. (2) Special conditions.— Section 1114 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1172) is amended by adding at the end the following: “(h) Special Conditions.— Any unobligated or unexpended funds remaining on completion of the project carried out under section 144(f)(1)(A)(vi) of title 23, United States Code, shall be made available to carry out the project described in section 144(f)(1)(A)(vii) of that title after the date on which the Vermont Agency of Transportation certifies to the Federal Highway Administration the final determination of the agency regarding the removal of the Missisquoi Bay causeway.” . (3) Conforming amendments.— (A) Metropolitan planning.— Section 104(f)(1) of title 23, United States Code, is amended by striking “replacement and rehabilitation”. (B) Equity bonus program.— Subsections (a)(2)(C) and (b)(2)(C) of section 105 of such title are amended by striking “replacement and rehabilitation” each place it appears. (C) Analysis.— The analysis for chapter 1 of such title is amended in the item relating to section 144 by striking “replacement and rehabilitation”. (n) Metropolitan Transportation Planning.— Section 134 of title 23, United States Code, is amended— (1) in subsection (f)(3)(C)(ii) by striking subclause (II) and inserting the following: “(II) Funding.— For fiscal year 2008 and each fiscal year thereafter, in addition to other funds made available to the metropolitan planning organization for the Lake Tahoe region under this title and chapter 53 of title 49, prior to any allocation under section 202 of this title and notwithstanding the allocation provisions of section 202, the Secretary shall set aside ½ of 1 percent of all funds authorized to be appropriated for such fiscal year to carry out section 204 and shall make such funds available to the metropolitan planning organization for the Lake Tahoe region to carry out the transportation planning process, environmental reviews, preliminary engineering, and design to complete environmental documentation for transportation projects for the Lake Tahoe region under the Tahoe Regional Planning Compact as consented to in Public Law 96–551 (94 Stat. 3233) and this paragraph.” ; (2) in subsection (j)(3)(D) by inserting “or the identified phase” after “the project” each place it appears; and (3) in subsection (k)(2) by striking “a metropolitan planning area serving”. (o) Correction of National Scenic Byways Program Coverage.— Section 162 of title 23, United States Code, is amended— (1) in subsection (a)(3)(B) by striking “a National Scenic Byway under subparagraph (A)” and inserting “a National Scenic Byway, an All-American Road, or one of America’s Byways under paragraph (1)”; and (2) in subsection (c)(3) by striking “or All-American Road” each place it appears and inserting “All-American Road, or one of America’s Byways”. (p) Correction of Reference in Toll Provision.— Section 166(b)(5)(C) of title 23, United States Code, is amended by striking “paragraph (3)” and inserting “paragraph (4)”. (q) Correction of Recreational Trails Program Apportionment Exceptions.— Section 206(d)(3)(A) of title 23, United States Code, is amended by striking “(B), (C), and (D)” and inserting “(B) and (C)”. (r) Correction of Infrastructure Finance.— Section 601(a)(3) of title 23, United States Code, is amended by inserting “bbb minus, BBB (low),” after “Baa3,”. (s) Correction of Miscellaneous Typographical Errors.— (1) Section 1401 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1226) is amended by redesignating 23 USC 130, 148 note. subsections (d) and (e) as subsections (c) and (d), respectively. (2) Section 1404(e) of such 23 USC 402 note. Act (119 Stat. 1229) is amended by inserting “tribal,” after “local,”. (3) Section 10211(b)(2) of such Act (119 Stat. 1937) is amended by striking “plan administer” and inserting “plan and administer”. (4) Section 10212(a) of such Act (119 Stat. 1937) is amended— (A) by inserting “equity bonus,” after “minimum guarantee,”; (B) by striking “freight intermodal connectors” and inserting “railway-highway crossings”; (C) by striking “high risk rural road,”; and (D) by inserting after “highway safety improvement programs” the following: “(and separately the set aside for the high risk rural road program)”.

16 of 16 references resolved to an enrolled provision