US (United States) Code. Title 23. Chapter 1: Federal-Aid Highways

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Highways

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-CITE-

23 USC Sec. 123 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 123. Relocation of utility facilities

-STATUTE-

(a) When a State shall pay for the cost of relocation of utility

facilities necessitated by the construction of a project on any

Federal-aid system, Federal funds may be used to reimburse the

State for such cost in the same proportion as Federal funds are

expended on the project. Federal funds shall not be used to

reimburse the State under this section when the payment to the

utility violates the law of the State or violates a legal contract

between the utility and the State. Such reimbursement shall be made

only after evidence satisfactory to the Secretary shall have been

presented to him substantiating the fact that the State has paid

such cost from its own funds with respect to Federal-aid highway

projects for which Federal funds are obligated subsequent to April

16, 1958, for work, including relocation of utility facilities.

(b) The term "utility", for the purposes of this section, shall

include publicly, privately, and cooperatively owned utilities.

(c) The term "cost of relocation", for the purposes of this

section, shall include the entire amount paid by such utility

properly attributable to such relocation after deducting therefrom

any increase in the value of the new facility and any salvage value

derived from the old facility.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 900; Pub. L. 100-17, title

I, Sec. 133(b)(8), Apr. 2, 1987, 101 Stat. 171.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-17 substituted "any Federal-aid

system," for "the Federal-aid primary or secondary systems or on

the Interstate System, including extensions thereof within urban

areas,".

STUDY OF PROCUREMENT PRACTICES AND PROJECT DELIVERY

Pub. L. 105-178, title I, Sec. 1213(e), June 9, 1998, 112 Stat.

201, provided that:

"(1) Study. - The Comptroller General shall conduct a study to

assess the impact that a utility company's failure to relocate its

facilities in a timely manner has on the delivery and cost of

Federal-aid highway and bridge projects. The study shall also

assess the following:

"(A) Methods States use to mitigate such delays, including the

use of the courts to compel cooperation.

"(B) The prevalence and use of incentives to utility companies

for early completion of utility relocations on Federal-aid

transportation project sites and, conversely, penalties assessed

on utility companies for utility relocation delays on such

projects.

"(C) The extent to which States have used available

technologies, such as subsurface utility engineering, early in

the design of Federal-aid highway and bridge projects so as to

eliminate or reduce the need for or delays due to utility

relocations.

"(D) Whether individual States compensate transportation

contractors for business costs incurred by the contractors when

Federal-aid highway and bridge projects under contract to them

are delayed by utility-company-caused delays in utility

relocations and any methods used by States in making any such

compensation.

"(2) Report. - Not later than 1 year after the date of enactment

of this Act [June 9, 1998], the Comptroller General shall transmit

to Congress a report on the results of the study with any

recommendations the Comptroller General determines appropriate as a

result of the study."

-End-

-CITE-

23 USC Sec. 124 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 124. Advances to States

-STATUTE-

If the Secretary shall determine that it is necessary for the

expeditious completion of projects on any of the Federal-aid

systems, including the Interstate System, he may advance to any

State out of any existing appropriations the Federal share of the

cost of construction thereof to enable the State transportation

department to make prompt payments for acquisition of

rights-of-way, and for the construction as it progresses. The sums

so advanced shall be deposited in a special revolving trust fund,

by the State official authorized under the laws of the State to

receive Federal-aid highway funds, to be disbursed solely upon

vouchers approved by the State transportation department for

rights-of-way which have been or are being acquired, and for

construction which has been actually performed and approved by the

Secretary pursuant to this chapter. Upon determination by the

Secretary that any part of the funds advanced to any State under

the provisions of this section are no longer required, the amount

of the advance, which is determined to be in excess of current

requirements of the State, shall be repaid upon his demand, and

such repayments shall be returned to the credit of the

appropriation from which the funds were advanced. Any sum advanced

and not repaid on demand shall be deducted from sums due the State

for the Federal pro rata share of the cost of construction of

Federal-aid projects.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 95-599, title

I, Sec. 118, Nov. 6, 1978, 92 Stat. 2699; Pub. L. 105-178, title I,

Secs. 1212(a)(2)(A)(i), 1226(c), June 9, 1998, 112 Stat. 193; Pub.

L. 105-206, title IX, Sec. 9003(a), July 22, 1998, 112 Stat. 837.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 1226(c), as added by Pub. L.

105-206, Sec. 9003(a), struck out subsec. (a) designation before

"If the Secretary" and struck out subsec. (b), which had:

authorized advance of 100 per centum of cost of construction where

Secretary determined that toll bridge, toll tunnel, or approach

thereto meeting section 129 requirements was necessary to complete

essential gap in Interstate System; provided repayment schedule;

and directed that advance be made from funds apportioned to State

for Interstate System and that section 103(e)(4) provisions would

not apply.

Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted "State

transportation department" for "State highway department" in two

places.

1978 - Pub. L. 95-599 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

this title.

ACCELERATION OF PROJECTS

Pub. L. 94-280, title I, Sec. 141, May 5, 1976, 90 Stat. 444, as

amended by Pub. L. 95-599, title I, Sec. 136, Nov. 6, 1978, 92

Stat. 2709, provided that: "Not later than six months after the

completion of such project, the Secretary of Transportation shall

submit a report to Congress which includes, but is not limited to,

a description of the methods used to reduce the time necessary for

the completion of such project, recommendations for applying such

methods to other highway projects, and any changes which may be

necessary to existing law to permit further reductions in the time

necessary to complete highway projects."

-End-

-CITE-

23 USC Sec. 125 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 125. Emergency relief

-STATUTE-

(a) General Eligibility. - Subject to this section and section

120, an emergency fund is authorized for expenditure by the

Secretary for the repair or reconstruction of highways, roads, and

trails, in any part of the United States, including Indian

reservations, that the Secretary finds have suffered serious damage

as a result of -

(1) natural disaster over a wide area, such as by a flood,

hurricane, tidal wave, earthquake, severe storm, or landslide; or

(2) catastrophic failure from any external cause.

(b) Restriction on Eligibility. - In no event shall funds be used

pursuant to this section for the repair or reconstruction of

bridges that have been permanently closed to all vehicular traffic

by the State or responsible local official because of imminent

danger of collapse due to a structural deficiency or physical

deterioration.

(c) Funding. - Subject to the following limitations, there are

authorized to be appropriated from the Highway Trust Fund (other

than the Mass Transit Account) such sums as may be necessary to

establish the fund authorized by this section and to replenish it

on an annual basis:

(1) Not more than $100,000,000 is authorized to be obligated in

any 1 fiscal year commencing after September 30, 1980, to carry

out the provisions of this section; except that, if in any fiscal

year the total of all obligations under this section is less than

the amount authorized to be obligated in such fiscal year, the

unobligated balance of such amount shall remain available until

expended and shall be in addition to amounts otherwise available

to carry out this section each year.

(2) Pending such appropriation or replenishment, the Secretary

may obligate from any funds heretofore or hereafter appropriated

for obligation in accordance with this title, including existing

Federal-aid appropriations, such sums as may be necessary for the

immediate prosecution of the work herein authorized. Funds

obligated under this paragraph shall be reimbursed from such

appropriation or replenishment.

(d) The Secretary may expend funds from the emergency fund herein

authorized for the repair or reconstruction of highways on

Federal-aid highways in accordance with the provisions of this

chapter: Provided, That (1) obligations for projects under this

section, including those on highways, roads, and trails mentioned

in subsection (e) of this section, resulting from a single natural

disaster or a single catastrophic failure in a State shall not

exceed $100,000,000, and (2) the total obligations for projects

under this section in any fiscal year in the Virgin Islands, Guam,

American Samoa, and the Commonwealth of the Northern Mariana

Islands shall not exceed $20,000,000. Notwithstanding any provision

of this chapter actual and necessary costs of maintenance and

operation of ferryboats providing temporary substitute highway

traffic service, less the amount of fares charged, may be expended

from the emergency fund herein authorized on Federal-aid highways.

Except as to highways, roads, and trails mentioned in subsection

(e) of this section, no funds shall be so expended unless the

Secretary has received an application therefor from the State

transportation department, and unless an emergency has been

declared by the Governor of the State and concurred in by the

Secretary, except that if the President has declared such emergency

to be a major disaster for the purposes of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et

seq.) concurrence of the Secretary is not required.

(e) The Secretary may expend funds from the emergency fund herein

authorized, either independently or in cooperation with any other

branch of the Government, State agency, organization, or person,

for the repair or reconstruction of forest highways, forest

development roads and trails, park roads and trails, parkways,

public lands highways, public lands development roads and trails,

and Indian reservation roads, whether or not such highways, roads,

or trails are Federal-aid highways.

(f) Treatment of Territories. - For purposes of this section, the

Virgin Islands, Guam, American Samoa, and the Commonwealth of the

Northern Mariana Islands shall be considered to be States and parts

of the United States, and the chief executive officer of each such

territory shall be considered to be a Governor of a State.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 86-342, title

I, Sec. 107(a), Sept. 21, 1959, 73 Stat. 612; Pub. L. 89-574, Sec.

9(b), (c), Sept. 13, 1966, 80 Stat. 769; Pub. L. 90-495, Sec.

27(a), Aug. 23, 1968, 82 Stat. 829; Pub. L. 91-605, title I, Sec.

109(a), Dec. 31, 1970, 84 Stat. 1718; Pub. L. 92-361, Aug. 3, 1972,

86 Stat. 503; Pub. L. 94-280, title I, Sec. 119, May 5, 1976, 90

Stat. 437; Pub. L. 95-599, title I, Sec. 119, Nov. 6, 1978, 92

Stat. 2700; Pub. L. 96-106, Sec. 19, Nov. 9, 1979, 93 Stat. 799;

Pub. L. 97-424, title I, Sec. 153(a), (c), (d), (h), Jan. 6, 1983,

96 Stat. 2132, 2133; Pub. L. 99-190, Sec. 101(e) [title III, Sec.

334], Dec. 19, 1985, 99 Stat. 1267, 1290; Pub. L. 99-272, title IV,

Sec. 4103, Apr. 7, 1986, 100 Stat. 114; Pub. L. 100-17, title I,

Secs. 118(a)(1), (b)(1), (2), 133(b)(9), Apr. 2, 1987, 101 Stat.

156, 171; Pub. L. 100-707, Sec. 109(k), Nov. 23, 1988, 102 Stat.

4709; Pub. L. 102-240, title I, Sec. 1022(b), Dec. 18, 1991, 105

Stat. 1951; Pub. L. 102-302, Sec. 101, June 22, 1992, 106 Stat.

252; Pub. L. 105-178, title I, Secs. 1113(b), 1212(a)(2)(A)(i),

June 9, 1998, 112 Stat. 151, 193.)

-REFTEXT-

REFERENCES IN TEXT

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, referred to in subsec. (d), is Pub. L. 93-288, May 22, 1974,

88 Stat. 143, as amended, which is classified principally to

chapter 68 (Sec. 5121 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 5121 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1113(b)(2), added

subsec. (a) and struck out former subsec. (a) which authorized

expenditures by Secretary from emergency fund for repair or

reconstruction of highways, roads, or trails which have suffered

serious damage from natural disasters or catastrophic failures from

external sources, including provisions relating to restrictions on

eligibility and funding.

Subsecs. (b), (c). Pub. L. 105-178, Sec. 1113(b)(1), (2), added

subsecs. (b) and (c) and redesignated former subsecs. (b) and (c)

as (d) and (e), respectively.

Subsec. (d). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted

"State transportation department" for "State highway department".

Pub. L. 105-178, Sec. 1113(b)(3), substituted "reconstruction of

highways on Federal-aid highways in accordance" for "reconstruction

of highways on the Federal-aid highway systems, including the

Interstate System, in accordance" in first sentence, "subsection

(e) of this section" for "subsection (c) of this section" in two

places, "authorized on Federal-aid highways" for "authorized on the

Federal-aid highway systems, including the Interstate System"

before period at end of second sentence, and "Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et

seq.)" for "Disaster Relief and Emergency Assistance Act (Public

Law 93-288)" in third sentence.

Pub. L. 105-178, Sec. 1113(b)(1), redesignated subsec. (b) as

(d). Former subsec. (d) redesignated (f).

Subsec. (e). Pub. L. 105-178, Sec. 1113(b)(4), substituted

"Federal-aid highways" for "on any of the Federal-aid highway

systems" before period at end.

Pub. L. 105-178, Sec. 1113(b)(1), redesignated subsec. (c) as

(e).

Subsec. (f). Pub. L. 105-178, Sec. 1113(b)(1), redesignated

subsec. (d) as (f).

1992 - Subsec. (b). Pub. L. 102-302, which directed the

substitution of "on Federal-aid highways" for "on the Federal-aid

highway systems including the Interstate System" in two places,

could not be executed because phrase "on the Federal-aid highway

systems including the Interstate System" did not appear in text.

1991 - Subsec. (b)(2). Pub. L. 102-240 substituted "$20,000,000"

for "$5,000,000".

1988 - Subsec. (b). Pub. L. 100-707 substituted "and Emergency

Assistance Act" for "Act of 1974".

1987 - Subsec. (b). Pub. L. 100-17, Sec. 133(b)(9)(A),

substituted "the Federal-aid highway systems, including the

Interstate System" for "the Interstate System, the Primary System,

and on any routes functionally classified as arterials or major

collectors" in two places.

Pub. L. 100-17, Sec. 118(a)(1), substituted "in a State shall not

exceed $100,000,000." for "shall not exceed $30,000,000

($55,000,000 for projects in connection with disasters or failures

occurring in calendar year 1985) in any State."

Pub. L. 100-17, Sec. 118(b)(2), designated existing provisions

related to limitations placed upon obligations for projects under

this section as cl. (1) and added cl. (2).

Subsec. (c). Pub. L. 100-17, Sec. 133(b)(9)(B), substituted "on

any of the Federal-aid highway systems" for "routes functionally

classified as arterials or major collectors".

Subsec. (d). Pub. L. 100-17, Sec. 118(b)(1), added subsec. (d).

1986 - Subsec. (b). Pub. L. 99-272 inserted parenthetical

provision allowing obligations not exceeding $55,000,000 for

projects in connection with disasters or failures occurring in

calendar year 1985.

1985 - Pub. L. 99-190 amended section in manner substantially

identical to amendment by Pub. L. 99-272.

1983 - Subsec. (a). Pub. L. 97-424, Sec. 153(a)(1), inserted

"(1)" before "the repair or reconstruction of highways", and

substituted "Secretary" for "he" before "shall find have suffered";

(A) and (B) for (1) and (2), respectively; "In no event shall funds

be used pursuant to this section for the" for "and (2)"; and "or

responsible local official" for "after December 31, 1967, and prior

to December 31, 1970,".

Pub. L. 97-424, Sec. 153(a)(2), inserted "from the Highway Trust

Fund" after "appropriated".

Pub. L. 97-424, Sec. 153(c), inserted "and not more than

$100,000,000 is authorized to be expended in any one fiscal year

commencing after September 30, 1980," after "after September 30,

1976,".

Subsec. (b). Pub. L. 97-424, Sec. 153(d), inserted proviso

establishing a $30,000,000 limit for obligations relating to a

single natural disaster in any one State.

Pub. L. 97-424, Sec. 153(h)(1), substituted "the Interstate

System, the Primary System, and on any routes functionally

classified as arterials or major collectors," for "the Federal-aid

highway systems, including the Interstate System", wherever

appearing.

Subsec. (c). Pub. L. 97-424, Sec. 153(h)(2), substituted "routes

functionally classified as arterials or major collectors" for "on

any of the Federal-aid highway systems".

1979 - Subsec. (b). Pub. L. 96-106 inserted provision that

notwithstanding any provision of this chapter actual and necessary

costs of maintenance and operation of ferryboats providing

temporary substitute highway traffic service, less the amount of

fares charged, may be expended from the emergency fund herein

authorized on the Federal-aid highway systems, including the

Interstate System.

1978 - Subsec. (a). Pub. L. 95-599 inserted "prior to the fiscal

year ending September 30, 1978" after "such years, and (2)", and

inserted provision authorizing appropriations of 100 percent of

expenditures out of the Highway Trust Fund.

1976 - Subsec. (a). Pub. L. 94-280, Sec. 119(a)(1)-(3), inserted

", and ending before June 1, 1976," after "June 30, 1972,",

authorized expenditure of not more than $25,000,000 for the

three-month period beginning July 1, 1976, and ending September 30,

1976, and not more than $100,000,000 in any one fiscal year

commencing after September 30, 1976, and inserted provision that

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.

Subsec. (b). Pub. L. 94-280, Sec. 119(b), excepted from the

requirement of a concurrence by the Secretary an emergency declared

by the President to be a major disaster for purposes of the

Disaster Relief Act of 1974.

1972 - Subsec. (a). Pub. L. 92-361 substituted provisions setting

forth maximum expendable amounts for fiscal years ending July 1,

1972 and for fiscal years commencing after June 30, 1972 and an

additional amount for fiscal year ending June 30, 1973 for

provisions setting forth maximum expendable amount for any fiscal

year.

1970 - Subsec. (a). Pub. L. 91-605 provided emergency relief for

the repair or reconstruction of bridges which have been permanently

closed to all vehicular traffic by the State after December 31,

1967, and prior to December 31, 1970, because of imminent danger of

collapse due to structural deficiencies or physical deterioration.

1968 - Subsec. (a). Pub. L. 90-495 permitted the use of the

emergency fund for repair or construction caused by other than

natural catastrophes.

1966 - Subsec. (a). Pub. L. 89-574, Sec. 9(c), raised from

$30,000,000 to $50,000,000 the upper limit on allowable annual

appropriations to establish and replenish the fund, provided that,

if, in any fiscal year the total of all expenditures under this

section is less than $50,000,000, the unexpended balance of such

amount shall remain available for expenditure during the next two

succeeding fiscal years in addition to amount otherwise available,

and provided that 60 per centum of the expenditures under this

section are authorized to be appropriated from the Highway Trust

Fund and the remaining 40 per centum of such expenditures are

authorized to be appropriated only from any monies in the Treasury

not otherwise appropriated.

Subsec. (c). Pub. L. 89-574, Sec. 9(b), added parkways, public

lands highways, public lands development roads, and trails to the

list of types of roads the repair or reconstruction of which may be

paid for out of the emergency fund.

1959 - Pub. L. 86-342, among other changes, made expenditures

from the emergency fund subject to the provisions of section 120 of

this title, and permitted the Secretary to expend funds from the

emergency fund, either independently or in cooperation with any

other branch of the Government, State agency, organization, or

person, for the repair or reconstruction of forest highways, forest

development roads and trails, park roads and trails, and Indian

reservation roads, whether or not such highways, roads, or trails

are on any of the Federal-aid highway systems.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 applicable only to natural disasters

and catastrophic failures occurring after Dec. 18, 1991, see

section 1022(c) of Pub. L. 102-240, set out as a note under section

120 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 118(a)(2) of Pub. L. 100-17 provided that: "The amendment

made by paragraph (1) [amending this section] shall apply with

respect to natural disasters and catastrophic failures occurring

after December 31, 1985."

Section 118(b)(3) of Pub. L. 100-17 provided that: "The

amendments made by paragraphs (1) and (2) [amending this section]

shall take effect on the date of the enactment of this Act [Apr. 2,

1987]."

EFFECTIVE DATE OF 1983 AMENDMENT

Section 153(e) of Pub. L. 97-424 provided that: "The amendments

made by subsection (d) of this section [amending this section]

shall apply to natural disasters or catastrophic failures which the

Secretary finds eligible for emergency relief subsequent to the

date of enactment of this section [Jan. 6, 1983]."

EFFECTIVE DATE OF 1968 AMENDMENT

Section 27(c) of Pub. L. 90-495 provided that: "The amendments

made by this section [amending this section and section 120 of this

title] shall be applicable to repair or reconstruction with respect

to which project agreements have been entered into on or after

January 1, 1968."

EFFECTIVE DATE OF 1966 AMENDMENT

Section 9(d) of Pub. L. 89-574 provided that: "The amendments

made by this section [amending this section] shall take effect July

1, 1966."

EXPENDITURES MADE PRIOR TO FISCAL YEAR ENDING SEPTEMBER 30, 1978;

APPROPRIATION FROM HIGHWAY TRUST FUND

Section 153(b) of Pub. L. 97-424 provided that: "Notwithstanding

any other provision of law, all expenditures made under section 125

of title 23, United States Code, prior to the fiscal year ending

September 30, 1978, are authorized to have been appropriated from

the Highway Trust Fund."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 120 of this title.

-End-

-CITE-

23 USC Sec. 126 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 126. Uniform transferability of Federal-aid highway funds

-STATUTE-

(a) General Rule. - Notwithstanding any other provision of law

but subject to subsections (b) and (c), if at least 50 percent of a

State's apportionment under section 104 or 144 for a fiscal year or

at least 50 percent of the funds set-aside under section 133(d)

from the State's apportionment (!1) section 104(b)(3) may not be

transferred to any other apportionment of the State under section

104 or 144 for such fiscal year, then the State may transfer not to

exceed 50 percent of such apportionment or set aside to any other

apportionment of such State under section 104 or 144 for such

fiscal year.

(b) Application to Certain Set-Asides. - No funds may be

transferred under this section that are subject to the last

sentence of section 133(d)(1) or to section 104(f) or to section

133(d)(3). The maximum amount that a State may transfer under this

section of the State's set-aside under section 133(d)(1) or

133(d)(2) for a fiscal year may not exceed 25 percent of (1) the

amount of such set-aside, less (2) the amount of the State's

set-aside under such section for fiscal year 1997.

(c) Application to Certain CMAQ Funds. - The maximum amount that

a State may transfer under this section of the State's

apportionment under section 104(b)(2) for a fiscal year may not

exceed 50 percent of (1) the amount of such apportionment, less (2)

the amount that the State's apportionment under section 104(b)(2)

for such fiscal year would have been had the program been funded at

$1,350,000,000. Any such funds apportioned under section 104(b)(2)

and transferred under this section may only be obligated in

geographic areas eligible for the obligation of funds apportioned

under section 104(b)(2).

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1310(a), June 9, 1998, 112

Stat. 234, Sec. 110; renumbered Sec. 126, Pub. L. 106-159, title I,

Sec. 102(a)(1), Dec. 9, 1999, 113 Stat. 1752.)

-MISC1-

PRIOR PROVISIONS

A prior section 126, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901;

Pub. L. 93-87, title I, Sec. 152(3), Aug. 13, 1973, 87 Stat. 276,

related to providing Federal aid for highway construction only to

States that used at least amounts provided by law on June 18, 1934,

for such purposes, prior to repeal by Pub. L. 105-178, title I,

Sec. 1226(d), as added by Pub. L. 105-206, title IX, Sec. 9003(a),

July 22, 1998, 112 Stat. 837.

AMENDMENTS

1999 - Pub. L. 106-159 renumbered section 110 of this title as

this section.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "under".

-End-

-CITE-

23 USC Sec. 127 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 127. Vehicle weight limitations - Interstate System

-STATUTE-

(a) In General. - No funds shall be apportioned in any fiscal

year under section 104(b)(1) of this title to any State which does

not permit the use of The Dwight D. Eisenhower System of Interstate

and Defense Highways within its boundaries by vehicles with a

weight of twenty thousand pounds carried on any one axle, including

enforcement tolerances, or with a tandem axle weight of thirty-four

thousand pounds, including enforcement tolerances, or a gross

weight of at least eighty thousand pounds for vehicle combinations

of five axles or more. However, the maximum gross weight to be

allowed by any State for vehicles using The Dwight D. Eisenhower

System of Interstate and Defense Highways shall be twenty thousand

pounds carried on one axle, including enforcement tolerances, and a

tandem axle weight of thirty-four thousand pounds, including

enforcement tolerances and with an overall maximum gross weight,

including enforcement tolerances, on a group of two or more

consecutive axles produced by application of the following formula:

LN

W=500 G7AXXXXX+12N+36G7B

N-1

where W equals overall gross weight on any group of two or more

consecutive axles to the nearest five hundred pounds, L equals

distance in feet between the extreme of any group of two or more

consecutive axles, and N equals number of axles in group under

consideration, except that two consecutive sets of tandem axles may

carry a gross load of thirty-four thousand pounds each providing

the overall distance between the first and last axles of such

consecutive sets of tandem axles (1) is thirty-six feet or more, or

(2) in the case of a motor vehicle hauling any tank trailer, dump

trailer, or ocean transport container before September 1, 1989, is

30 feet or more: Provided, That such overall gross weight may not

exceed eighty thousand pounds, including all enforcement

tolerances, except for vehicles using Interstate Route 29 between

Sioux City, Iowa, and the border between Iowa and South Dakota or

vehicles using Interstate Route 129 between Sioux City, Iowa, and

the border between Iowa and Nebraska, and except for those vehicles

and loads which cannot be easily dismantled or divided and which

have been issued special permits in accordance with applicable

State laws, or the corresponding maximum weights permitted for

vehicles using the public highways of such State under laws or

regulations established by appropriate State authority in effect on

July 1, 1956, except in the case of the overall gross weight of any

group of two or more consecutive axles on any vehicle (other than a

vehicle comprised of a motor vehicle hauling any tank trailer, dump

trailer, or ocean transport container on or after September 1,

1989), on the date of enactment of the Federal-Aid Highway

Amendments of 1974, whichever is the greater. Any amount which is

withheld from apportionment to any State pursuant to the foregoing

provisions shall lapse if not released and obligated within the

availability period specified in section 118(b)(1) (!1) of this

title. This section shall not be construed to deny apportionment to

any State allowing the operation within such State of any vehicles

or combinations thereof, other than vehicles or combinations

subject to subsection (d) of this section, which the State

determines could be lawfully operated within such State on July 1,

1956, except in the case of the overall gross weight of any group

of two or more consecutive axles, on the date of enactment of the

Federal-Aid Highway Amendments of 1974. With respect to the State

of Hawaii, laws or regulations in effect on February 1, 1960, shall

be applicable for the purposes of this section in lieu of those in

effect on July 1, 1956. With respect to the State of Colorado,

vehicles designed to carry 2 or more precast concrete panels shall

be considered a nondivisible load. With respect to the State of

Michigan, laws or regulations in effect on May 1, 1982, shall be

applicable for the purposes of this subsection. With respect to the

State of Maryland, laws and regulations in effect on June 1, 1993,

shall be applicable for the purposes of this subsection. The State

of Louisiana may allow, by special permit, the operation of

vehicles with a gross vehicle weight of up to 100,000 pounds for

the hauling of sugarcane during the harvest season, not to exceed

100 days annually. With respect to Interstate Route 95 in the State

of New Hampshire, State laws (including regulations) concerning

vehicle weight limitations that were in effect on January 1, 1987,

and are applicable to State highways other than the Interstate

System, shall be applicable in lieu of the requirements of this

subsection. With respect to that portion of the Maine Turnpike

designated Interstate Route 95 and 495, and that portion of

Interstate Route 95 from the southern terminus of the Maine

Turnpike to the New Hampshire State line, laws (including

regulations) of the State of Maine concerning vehicle weight

limitations that were in effect on October 1, 1995, and are

applicable to State highways other than the Interstate System,

shall be applicable in lieu of the requirements of this subsection.

(b) Reasonable Access. - No State may enact or enforce any law

denying reasonable access to motor vehicles subject to this title

to and from the Interstate Highway System to terminals and

facilities for food, fuel, repairs, and rest.

(c) Ocean Transport Container Defined. - For purposes of this

section, the term "ocean transport container" has the meaning given

the term "freight container" by the International Standards

Organization in Series 1, Freight Containers, 3rd Edition

(reference number IS0668-1979(E)) as in effect on the date of the

enactment of this subsection.

(d) Longer Combination Vehicles. -

(1) Prohibition. -

(A) General continuation rule. - A longer combination vehicle

may continue to operate only if the longer combination vehicle

configuration type was authorized by State officials pursuant

to State statute or regulation conforming to this section and

in actual lawful operation on a regular or periodic basis

(including seasonal operations) on or before June 1, 1991, or

pursuant to section 335 of the Department of Transportation and

Related Agencies Appropriations Act, 1991 (104 Stat. 2186).

(B) Applicability of state laws and regulations. - All such

operations shall continue to be subject to, at the minimum, all

State statutes, regulations, limitations and conditions,

including, but not limited to, routing-specific and

configuration-specific designations and all other restrictions,

in force on June 1, 1991; except that subject to such

regulations as may be issued by the Secretary pursuant to

paragraph (5) of this subsection, the State may make minor

adjustments of a temporary and emergency nature to route

designations and vehicle operating restrictions in effect on

June 1, 1991, for specific safety purposes and road

construction.

(C) Wyoming. - In addition to those vehicles allowed under

subparagraph (A), the State of Wyoming may allow the operation

of additional vehicle configurations not in actual operation on

June 1, 1991, but authorized by State law not later than

November 3, 1992, if such vehicle configurations comply with

the single axle, tandem axle, and bridge formula limits set

forth in subsection (a) and do not exceed 117,000 pounds gross

vehicle weight.

(D) Ohio. - In addition to vehicles which the State of Ohio

may continue to allow to be operated under subparagraph (A),

such State may allow longer combination vehicles with 3 cargo

carrying units of 28 1/2 feet each (not including the truck

tractor) not in actual operation on June 1, 1991, to be

operated within its boundaries on the 1-mile segment of Ohio

State Route 7 which begins at and is south of exit 16 of the

Ohio Turnpike.

(E) Alaska. - In addition to vehicles which the State of

Alaska may continue to allow to be operated under subparagraph

(A), such State may allow the operation of longer combination

vehicles which were not in actual operation on June 1, 1991,

but which were in actual operation prior to July 5, 1991.

(F) Iowa. - In addition to vehicles that the State of Iowa

may continue to allow to be operated under subparagraph (A),

the State may allow longer combination vehicles that were not

in actual operation on June 1, 1991, to be operated on

Interstate Route 29 between Sioux City, Iowa, and the border

between Iowa and South Dakota or Interstate Route 129 between

Sioux City, Iowa, and the border between Iowa and Nebraska.

(2) Additional state restrictions. -

(A) In general. - Nothing in this subsection shall prevent

any State from further restricting in any manner or prohibiting

the operation of longer combination vehicles otherwise

authorized under this subsection; except that such restrictions

or prohibitions shall be consistent with the requirements of

sections 31111-31114 of title 49.

(B) Minor adjustments. - Any State further restricting or

prohibiting the operations of longer combination vehicles or

making minor adjustments of a temporary and emergency nature as

may be allowed pursuant to regulations issued by the Secretary

pursuant to paragraph (5) of this subsection, shall, within 30

days, advise the Secretary of such action, and the Secretary

shall publish a notice of such action in the Federal Register.

(3) Publication of list. -

(A) Submission to secretary. - Within 60 days of the date of

the enactment of this subsection, each State (i) shall submit

to the Secretary for publication in the Federal Register a

complete list of (I) all operations of longer combination

vehicles being conducted as of June 1, 1991, pursuant to State

statutes and regulations; (II) all limitations and conditions,

including, but not limited to, routing-specific and

configuration-specific designations and all other restrictions,

governing the operation of longer combination vehicles

otherwise prohibited under this subsection; and (III) such

statutes, regulations, limitations, and conditions; and (ii)

shall submit to the Secretary copies of such statutes,

regulations, limitations, and conditions.

(B) Interim list. - Not later than 90 days after the date of

the enactment of this subsection, the Secretary shall publish

an interim list in the Federal Register, consisting of all

information submitted pursuant to subparagraph (A). The

Secretary shall review for accuracy all information submitted

by the States pursuant to subparagraph (A) and shall solicit

and consider public comment on the accuracy of all such

information.

(C) Limitation. - No statute or regulation shall be included

on the list submitted by a State or published by the Secretary

merely on the grounds that it authorized, or could have

authorized, by permit or otherwise, the operation of longer

combination vehicles, not in actual operation on a regular or

periodic basis on or before June 1, 1991.

(D) Final list. - Except as modified pursuant to paragraph

(1)(C) of this subsection, the list shall be published as final

in the Federal Register not later than 180 days after the date

of the enactment of this subsection. In publishing the final

list, the Secretary shall make any revisions necessary to

correct inaccuracies identified under subparagraph (B). After

publication of the final list, longer combination vehicles may

not operate on the Interstate System except as provided in the

list.

(E) Review and correction procedure. - The Secretary, on his

or her own motion or upon a request by any person (including a

State), shall review the list issued by the Secretary pursuant

to subparagraph (D). If the Secretary determines there is cause

to believe that a mistake was made in the accuracy of the final

list, the Secretary shall commence a proceeding to determine

whether the list published pursuant to subparagraph (D) should

be corrected. If the Secretary determines that there is a

mistake in the accuracy of the list the Secretary shall correct

the publication under subparagraph (D) to reflect the

determination of the Secretary.

(4) Longer combination vehicle defined. - For purposes of this

section, the term "longer combination vehicle" means any

combination of a truck tractor and 2 or more trailers or

semitrailers which operates on the Interstate System at a gross

vehicle weight greater than 80,000 pounds.

(5) Regulations regarding minor adjustments. - Not later than

180 days after the date of the enactment of this subsection, the

Secretary shall issue regulations establishing criteria for the

States to follow in making minor adjustments under paragraph

(1)(B).

(e) Operation of Certain Specialized Hauling Vehicles on

Interstate Route 68. - The single axle, tandem axle, and bridge

formula limits set forth in subsection (a) shall not apply to the

operation on Interstate Route 68 in Garrett and Allegany Counties,

Maryland, of any specialized vehicle equipped with a steering axle

and a tridem axle and used for hauling coal, logs, and pulpwood if

such vehicle is of a type of vehicle as was operating in such

counties on United States Route 40 or 48 for such purpose on August

1, 1991.

(f) Operation of Certain Specialized Hauling Vehicles on Certain

Wisconsin Highways. - If the 104-mile portion of Wisconsin State

Route 78 and United States Route 51 between Interstate Route 94

near Portage, Wisconsin, and Wisconsin State Route 29 south of

Wausau, Wisconsin, is designated as part of the Interstate System

under section 103(c)(4)(A), the single axle weight, tandem axle

weight, gross vehicle weight, and bridge formula limits set forth

in subsection (a) shall not apply to the 104-mile portion with

respect to the operation of any vehicle that could legally operate

on the 104-mile portion before the date of the enactment of this

subsection.

(g) Operation of Certain Specialized Hauling Vehicles on Certain

Pennsylvania Highways. - If the segment of United States Route 220

between Bedford and Bald Eagle, Pennsylvania, is designated as part

of the Interstate System, the single axle weight, tandem axle

weight, gross vehicle weight, and bridge formula limits set forth

in subsection (a) shall not apply to that segment with respect to

the operation of any vehicle which could have legally operated on

that segment before the date of the enactment of this subsection.

(h) Waiver for a Route in State of Maine During Periods of

National Emergency. -

(1) In general. - Notwithstanding any other provision of this

section, the Secretary, in consultation with the Secretary of

Defense, may waive or limit the application of any vehicle weight

limit established under this section with respect to the portion

of Interstate Route 95 in the State of Maine between Augusta and

Bangor for the purpose of making bulk shipments of jet fuel to

the Air National Guard Base at Bangor International Airport

during a period of national emergency in order to respond to the

effects of the national emergency.

(2) Applicability. - Emergency limits established under

paragraph (1) shall preempt any inconsistent State vehicle weight

limits.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86-624, Sec.

17(e), July 12, 1960, 74 Stat. 416; Pub. L. 93-643, Sec. 106, Jan.

4, 1975, 88 Stat. 2283; Pub. L. 94-280, title I, Sec. 120, May 5,

1976, 90 Stat. 438; Pub. L. 97-424, title I, Sec. 133, formerly

Sec. 133(a), Jan. 6, 1983, 96 Stat. 2123, renumbered Sec. 133, Pub.

L. 100-17, title I, Sec. 133(a)(3), Apr. 2, 1987, 101 Stat. 170;

Pub. L. 100-17, title I, Sec. 119, Apr. 2, 1987, 101 Stat. 157;

Pub. L. 100-202, Sec. 101(l) [title III, Sec. 347(c)], Dec. 22,

1987, 101 Stat. 1329-358, 1329-388; Pub. L. 101-427, Oct. 15, 1990,

104 Stat. 927; Pub. L. 102-240, title I, Sec. 1023(a), (b), (d),

Dec. 18, 1991, 105 Stat. 1951, 1952, 1954; Pub. L. 103-331, title

III, Sec. 332, Sept. 30, 1994, 108 Stat. 2493; Pub. L. 103-429,

Sec. 3(3), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104-59, title

III, Sec. 312(a)(1), (2), (b), Nov. 28, 1995, 109 Stat. 584; Pub.

L. 104-88, title IV, Secs. 404, 405(a)(1), Dec. 29, 1995, 109 Stat.

956; Pub. L. 105-178, title I, Secs. 1106(c)(2)(B), 1212(d)(1),

June 9, 1998, 112 Stat. 136, 194; Pub. L. 107-107, div. A, title X,

Sec. 1064, Dec. 28, 2001, 115 Stat. 1233.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of Federal-Aid Highway Amendments of 1974,

referred to in subsec. (a), means Jan. 4, 1975, the date on which

Pub. L. 93-643 was approved.

Section 118(b) of this title, referred to in subsec. (a), was

struck out and a new subsec. (b) was added by Pub. L. 102-240,

title I, Sec. 1020(a), Dec. 18, 1991, 105 Stat. 1948. Provisions

formerly contained in subsec. (b)(1) of section 118 appear in

subsec. (b)(2).

The date of the enactment of this subsection, referred to in

subsec. (c), is the date of enactment of Pub. L. 100-17, which was

approved Apr. 2, 1987.

Section 335 of the Department of Transportation and Related

Agencies Appropriations Act, 1991, referred to in subsec.

(d)(1)(A), is section 335 of Pub. L. 101-516, which is not

classified to the Code.

The date of the enactment of this subsection, referred to in

subsec. (d)(3)(A), (B), (D), (5), is the date of the enactment of

Pub. L. 102-240, which was approved Dec. 18, 1991.

The date of the enactment of this subsection, referred to in

subsec. (f), is the date of enactment of Pub. L. 104-59, which was

approved Nov. 28, 1995.

The date of the enactment of this subsection, referred to in

subsec. (g), is the date of enactment of Pub. L. 104-88, which was

approved Dec. 29, 1995.

-MISC1-

AMENDMENTS

2001 - Subsec. (h). Pub. L. 107-107 added subsec. (h).

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1212(d)(1), inserted

before penultimate sentence "With respect to the State of Colorado,

vehicles designed to carry 2 or more precast concrete panels shall

be considered a nondivisible load." and inserted at end "The State

of Louisiana may allow, by special permit, the operation of

vehicles with a gross vehicle weight of up to 100,000 pounds for

the hauling of sugarcane during the harvest season, not to exceed

100 days annually. With respect to Interstate Route 95 in the State

of New Hampshire, State laws (including regulations) concerning

vehicle weight limitations that were in effect on January 1, 1987,

and are applicable to State highways other than the Interstate

System, shall be applicable in lieu of the requirements of this

subsection. With respect to that portion of the Maine Turnpike

designated Interstate Route 95 and 495, and that portion of

Interstate Route 95 from the southern terminus of the Maine

Turnpike to the New Hampshire State line, laws (including

regulations) of the State of Maine concerning vehicle weight

limitations that were in effect on October 1, 1995, and are

applicable to State highways other than the Interstate System,

shall be applicable in lieu of the requirements of this

subsection."

Subsec. (f). Pub. L. 105-178, Sec. 1106(c)(2)(B), substituted

"section 103(c)(4)(A)" for "section 139(a)".

1995 - Subsec. (a). Pub. L. 104-59, Sec. 312(a)(1), in proviso of

second sentence substituted "except for vehicles using Interstate

Route 29 between Sioux City, Iowa, and the border between Iowa and

South Dakota or vehicles using Interstate Route 129 between Sioux

City, Iowa, and the border between Iowa and Nebraska, and except

for those" for "except for those".

Subsec. (d)(1)(F). Pub. L. 104-59, Sec. 312(a)(2), added subpar.

(F).

Subsec. (f). Pub. L. 104-59, Sec. 312(b), as amended by Pub. L.

104-88, Sec. 405(a)(1), added subsec. (f).

Subsec. (g). Pub. L. 104-88, Sec. 404, added subsec. (g).

1994 - Subsec. (a). Pub. L. 103-331 inserted at end "With respect

to the State of Maryland, laws and regulations in effect on June 1,

1993, shall be applicable for the purposes of this subsection."

Subsec. (d)(2)(A). Pub. L. 103-429 substituted "sections

31111-31114 of title 49" for "sections 411, 412, and 416 of the

Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311,

2312, and 2316)".

1991 - Subsec. (a). Pub. L. 102-240, Sec. 1023(a), substituted

"funds shall be apportioned in any fiscal year under section

104(b)(1) of this title" for "funds authorized to be appropriated

for any fiscal year under provisions of the Federal-Aid Highway Act

of 1956 shall be apportioned" in first sentence and inserted ",

other than vehicles or combinations subject to subsection (d) of

this section," after "thereof" in fourth sentence.

Subsecs. (d), (e). Pub. L. 102-240, Sec. 1023(b), (d), added

subsecs. (d) and (e).

1990 - Subsec. (a). Pub. L. 101-427 substituted "The Dwight D.

Eisenhower System of Interstate and Defense Highways" for "the

National System of Interstate and Defense Highways" in two places.

1987 - Subsec. (a). Pub. L. 100-202 substituted "September 1,

1989" for "September 1, 1988" in two places.

Pub. L. 100-17, Sec. 119(d)(1), inserted heading.

Pub. L. 100-17, Sec. 119(a)(1), (2), which directed that second

sentence be amended by inserting "(1)" before "is 36 feet or more"

and by inserting cl. (2) after such phrase, was executed by making

the insertions before and after "is thirty-six feet or more" to

reflect the probable intent of Congress.

Pub. L. 100-17, Sec. 119(a)(3), (b), inserted "on any vehicle

(other than a vehicle comprised of a motor vehicle hauling any tank

trailer, dump trailer, or ocean transport container on or after

September 1, 1988)" after last reference to "consecutive axles" in

second sentence and substituted "lapse if not released and

obligated within the availability period specified in section

118(b)(1) of this title." for "lapse."

Subsec. (b). Pub. L. 100-17, Sec. 119(d)(2), inserted heading.

Subsec. (c). Pub. L. 100-17, Sec. 119(c), added subsec. (c).

1983 - Pub. L. 97-424 struck out "and width" after "weight" in

section catchline.

Subsec. (a). Pub. L. 97-424 designated existing provisions as

subsec. (a) and substituted provisions relating to authority to

appropriate funds for any fiscal year under the Federal-Aid Highway

Act of 1956 with respect to apportionment to any State not

permitting the use of the National System of Interstate and Defense

Highways within its boundaries by vehicles with specified weights,

provisions setting forth formula of maximum gross weight to be

allowed by any State for vehicles using such Highways, and

provisions setting forth further limitations for apportionment, for

provisions relating to authority to appropriate funds for any

fiscal year under section 108(b) of the Federal-Aid Highway Act of

1956 with respect to apportionment to any State not permitting the

use of the Interstate System within its boundaries by vehicles with

specified weights, provisions setting forth formula for

determination of overall gross weight, provisions relating to

maximum widths permitted for vehicles, and provisions setting forth

further limitations for apportionment.

Subsec. (b). Pub. L. 97-424 added subsec. (b).

1976 - Pub. L. 94-280 authorized a State to permit any bus with a

width of 102 inches or less to operate on any lane of twelve feet

or more in width on the Interstate System.

1975 - Pub. L. 93-643 substituted weight limitations of 20,000

lbs. carried on any one axle, including all enforcement tolerances,

for 18,000 lbs. carried on any one axle, of 34,000 lbs. for tandem

axle weight, including all enforcement tolerances, for 32,000 lbs.

for tandem axle weight, overall gross weight limitation of 80,000,

including enforcement tolerances, for overall gross weight of

73,280 lbs. prescribed a formula for determination of overall gross

weight on a group of two or more consecutive axles, authorized a

gross load of 34,000 lbs. each for two consecutive sets of tandem

axles having an overall distance of 36 or more feet between such

axles, excepted from the new weight limitations cases of overall

gross weight of any group of two or more consecutive axles, on Jan.

4, 1975, and inserted ", except in the case of the overall gross

weight of any group of two or more consecutive axles, on the date

of enactment of the Federal-Aid Highway Amendments of 1974" in

third sentence.

1960 - Pub. L. 86-624 made the laws or regulation in effect on

Feb. 1, 1960, applicable, with respect to the State of Hawaii, for

the purposes of this section, in lieu of those in effect on July 1,

1956.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by section 404 of Pub. L. 104-88 effective Jan. 1,

1996, see section 2 of Pub. L. 104-88, set out as an Effective Date

note under section 701 of Title 49, Transportation.

Section 405(a) of Pub. L. 104-88 provided that the amendment made

by that section is effective Nov. 28, 1995.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and

applicable to funds authorized to be appropriated or made available

after Sept. 30, 1991, and, with certain exceptions, not applicable

to funds appropriated or made available on or before Sept. 30,

1991, see section 1100 of Pub. L. 102-240, set out as a note under

section 104 of this title.

SPECIALIZED HAULING VEHICLES

Pub. L. 105-178, title I, Sec. 1213(f), June 9, 1998, 112 Stat.

201, provided that:

"(1) Study. - The Secretary shall conduct a study to examine the

impact of the truck weight standards on specialized hauling

vehicles. The study shall include, at a minimum, an analysis of the

economic, safety, and infrastructure impacts of the standards.

"(2) Report. - Not later than 2 years after the date of enactment

of this Act [June 9, 1998], the Secretary shall transmit to

Congress a report on the results of the study with any

recommendations the Secretary determines appropriate as a result of

the study."

VEHICLE WEIGHT ENFORCEMENT

Pub. L. 105-178, title I, Sec. 1213(h), June 9, 1998, 112 Stat.

202, provided that:

"(1) Study. - The Secretary shall conduct a study of State laws

(including regulations) relating to penalties for violation of

State commercial motor vehicle weight laws.

"(2) Purpose. - The purpose of the study shall be to determine

the effectiveness of State penalties as a deterrent to illegally

overweight trucking operations. The study shall evaluate fine

structures, innovative roadside enforcement techniques, and a

State's ability to penalize shippers and carriers as well as

drivers and shall examine the effectiveness of administrative and

judicial procedures utilized to enforce vehicle weight laws.

"(3) Report. - Not later than 2 years after the date of enactment

of this Act [June 9, 1998], the Secretary shall transmit to

Congress a report on the results of the study with any legislative

recommendations of the Secretary."

COMMERCIAL MOTOR VEHICLE STUDY

Pub. L. 105-178, title I, Sec. 1213(i), June 9, 1998, 112 Stat.

202, provided that:

"(1) In general. - The Secretary shall request the Transportation

Research Board of the National Academy of Sciences to conduct a

study regarding the regulation of weights, lengths, and widths of

commercial motor vehicles operating on Federal-aid highways to

which Federal regulations apply on the date of enactment of this

Act [June 9, 1998]. In conducting the study, the Board shall review

law, regulations, studies (including Transportation Research Board

Special Report 225), and practices and develop recommendations

regarding any revisions to law and regulations that the Board

determines appropriate.

"(2) Factors to consider and evaluate. - In developing

recommendations under paragraph (1), the Board shall consider and

evaluate the impact of the recommendations described in paragraph

(1) on the economy, the environment, safety, and service to

communities.

"(3) Consultation. - In carrying out the study, the Board shall

consult with the Department of Transportation, States, the motor

carrier industry, freight shippers, highway safety groups, air

quality and natural resource management groups, commercial motor

vehicle driver representatives, and other appropriate entities.

"(4) Report. - Not later than 2 years after the date of enactment

of this Act [June 9, 1998], the Board shall transmit to Congress

and the Secretary a report on the results of the study conducted

under this subsection.

"(5) Recommendations. - Not later than 180 days after the date of

receipt of the report under paragraph (4), the Secretary may

transmit to Congress a report containing comments or

recommendations of the Secretary regarding the Board's report.

"(6) Funding. - There is authorized to be appropriated out of the

Highway Trust Fund (other than the Mass Transit Account) $250,000

for each of fiscal years 1999 and 2000 to carry out this

subsection.

"(7) Applicability of title 23. - Funds made available to carry

out this subsection shall be available for obligation in the same

manner as if such funds were apportioned under chapter 1 of title

23, United States Code; except that the Federal share of the cost

of the study under this subsection shall be 100 percent and such

funds shall remain available until expended."

PUBLIC TRANSIT VEHICLES

Pub. L. 102-240, title I, Sec. 1023(h), as added by Pub. L.

102-388, title III, Sec. 341, Oct. 6, 1992, 106 Stat. 1552; amended

by Pub. L. 104-59, title III, Sec. 326, Nov. 28, 1995, 109 Stat.

592; Pub. L. 105-178, title I, Sec. 1212(c), June 9, 1998, 112

Stat. 194, provided that:

"(1) Temporary exemption. - The second sentence of section 127 of

title 23, United States Code, relating to axle weight limitations

for vehicles using the Dwight D. Eisenhower System of Interstate

and Defense Highways, shall not apply, for the period beginning on

October 6, 1992, and ending on October 1, 2003, to any vehicle

which is regularly and exclusively used as an intrastate public

agency transit passenger bus.

"(2) Study. - The Secretary shall conduct a study on the maximum

axle weight limitations on the Dwight D. Eisenhower System of

Interstate and Defense Highways established under section 127 of

title 23, United States Code, or under State laws, as they apply to

public transit vehicles. The study shall determine whether or not

public transit vehicles should be exempted from the requirements of

section 127 or State laws or if such laws should be modified with

regard to public transit vehicles. In making such determination,

the Secretary shall consider current transit vehicle design

standards, the implications of the Americans with Disabilities Act

[of 1990, 42 U.S.C. 12101 et seq.] and Clean Air Act [42 U.S.C.

7401 et seq.] requirements on such design standards, and the

potential impact of revised design standards on transit ridership

capacity, operating and replacement costs, air quality concerns,

and highway wear and tear.

"(3) Report. - Not later than 18 months after the date of

enactment of this Act, the Secretary shall submit to the Congress a

report on the result of the study conducted under paragraph (2),

together with recommendations."

TEMPORARY EXEMPTION FOR FIREFIGHTING VEHICLES

Section 1023(e) of Pub. L. 102-240 provided that:

"(1) Temporary exemption. - The second sentence of section 127 of

title 23, United States Code, relating to axle weight limitations

and the bridge formula for vehicles using the National System of

Interstate and Defense Highways, shall not apply, in the 2-year

period beginning on the date of the enactment of this Act [Dec. 18,

1991], to any existing vehicle which is used for the purpose of

protecting persons and property from fires and other disasters that

threaten public safety and which is in actual operation before such

date of enactment and to any new vehicle to be used for such

purpose while such vehicle is being delivered to a firefighting

agency. The Secretary may extend such 2-year period for an

additional year.

"(2) Study. - The Secretary shall conduct a study -

"(A) of State laws regulating the use on the National System of

Interstate and Defense Highways [now Dwight D. Eisenhower System

of Interstate and Defense Highways] of vehicles which are used

for the purpose of protecting persons and property from fires and

other disasters that threaten public safety and which are being

delivered to or operated by a firefighting agency; and

"(B) of the issuance of permits by States which exempt such

vehicles from the requirements of the second sentence of section

127 of title 23, United States Code.

"(3) Purposes. - The purposes of the study under this subsection

are to determine whether or not such State laws and such section

127 need to be modified with regard to such vehicles and whether or

not a permanent exemption should be made for such vehicles from the

requirements of such laws and section 127 or whether or not the

bridge formula set forth in such section should be modified as it

applies to such vehicles.

"(4) Report. - Not later than 18 months after the date of the

enactment of this Act [Dec. 18, 1991], the Secretary shall submit

to the Congress a report on the results of the study conducted

under paragraph (2), together with recommendations."

STUDY PERTAINING TO TRANSPORTERS OF WATER WELL DRILLING RIGS

Section 1023(g) of Pub. L. 102-240 directed Secretary to conduct

a study of State and Federal regulations pertaining to transporters

of water well drilling rigs on public highways for the purpose of

identifying requirements which place a burden on such transporters

without enhancing safety or preservation of public highways, and,

not later than 2 years after Dec. 18, 1991, report to Congress on

the results of the study, together with any legislative and

administrative recommendations.

MOTOR VEHICLE STUDY BY TRANSPORTATION RESEARCH BOARD; REPORT

Section 158 of Pub. L. 100-17 directed Secretary, within 6 months

after Apr. 2, 1987, to enter into appropriate arrangements with the

Transportation Research Board of the National Academy of Sciences

to conduct a study of the following motor vehicle issues, including

an analysis of the impacts of the various positions that have been

put forth with respect to each issue and best estimates of effects

on pavement, bridges, highway revenue and cost responsibility, and

highway safety, and changes in transportation costs and other

measures of productivity for various segments of the trucking

industry resulting from adoption of each of the positions: (1)

elimination of existing, grandfather provisions of 23 U.S.C. 127

which allow higher axle loads and gross vehicle weights than the

20,000-pound single axle load limit, 34,000-pound tandem axle load

limit, and 80,000-pound gross vehicle weight limit maximums

authorized by Pub. L. 93-643, (2) analysis of alternative methods

of determining gross vehicle weight limit and axle loadings for all

types of motor carrier vehicles, (3) analysis of the bridge formula

contained in 23 U.S.C. 127 in view of current vehicle

configurations, pavement and bridge stresses in accord with 1986

design and construction practices, and existing bridges on and off

the Interstate System, (4) establishment of nationwide policy

regarding the provisions of 'reasonable access' to the National

Network for combination vehicles established pursuant to Pub. L.

97-424, and (5) recommendation of appropriate treatment for

specialized hauling vehicles which do not comply with the existing

Federal bridge formula and submit a final report to Secretary and

Congress, not later than 30 months after appropriate arrangements

were entered into.

STATE-IMPOSED VEHICLE WIDTH LIMITATIONS

Pub. L. 97-369, title III, Sec. 321, Dec. 18, 1982, 96 Stat.

1784, related to State-imposed vehicle width limitations, prior to

repeal by Pub. L. 98-17, Sec. 2, Apr. 5, 1983, 97 Stat. 60. See

section 31113 of Title 49, Transportation.

STEERING AXLE STUDY; REPORT TO CONGRESS

Section 210 of Pub. L. 94-280 directed Secretary of

Transportation to conduct an investigation into relationship

between gross load on front steering axles of truck tractors and

safety of operation of vehicle combinations of which such truck

tractors are a part, such investigation to be conducted in

cooperation with representatives of (A) manufacturers of truck

tractors and related equipment, (B) labor, and (C) users of such

equipment, and the results of such study to be reported to Congress

not later than July 1, 1977.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 141 of this title; title

49 sections 5112, 31112.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 128 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 128. Public hearings

-STATUTE-

(a) Any State transportation department which submits plans for a

Federal-aid highway project involving the by passing of or, going

through any city, town, or village, either incorporated or

unincorporated, shall certify to the Secretary that it has had

public hearings, or has afforded the opportunity for such hearings,

and has considered the economic and social effects of such a

location, its impact on the environment, and its consistency with

the goals and objectives of such urban planning as has been

promulgated by the community. Any State transportation department

which submits plans for an Interstate System project shall certify

to the Secretary that it has had public hearings at a convenient

location, or has afforded the opportunity for such hearings for the

purpose of enabling persons in rural areas through or contiguous to

whose property the highway will pass to express any objections they

may have to the proposed locations of such highway. Such

certification shall be accompanied by a report which indicates the

consideration given to the economic, social, environmental and

other effects of the plan or highway location or design and various

alternatives which were raised during the hearing or which were

otherwise considered.

(b) When hearings have been held under subsection (a), the State

transportation department shall submit a copy of the transcript of

said hearings to the Secretary, together with the certification and

report.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 90-495, Sec.

24, Aug. 23, 1968, 82 Stat. 828; Pub. L. 91-605, title I, Sec. 135,

Dec. 31, 1970, 84 Stat. 1734; Pub. L. 105-178, title I, Sec.

1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178 substituted "State transportation

department" for "State highway department" wherever appearing.

1970 - Subsec. (a). Pub. L. 91-605, Sec. 135(a), provided for

submission of a report by the State highway department involved

indicating consideration given to economic, social, environmental,

and other effects of the plan or highway location or design plus

the various alternatives which were considered.

Subsec. (b). Pub. L. 91-605, Sec. 135(b), inserted reference to

report to be submitted by the State highway department together

with the certification of public hearings.

1968 - Subsec. (a). Pub. L. 90-495 inserted social effect of

projects, the impact on environment, and their consistency with the

goals and objectives of such urban planning as has been promulgated

by the community to the list of factors to be considered by State

highway departments in looking over projects involving the

bypassing or passing through of municipalities.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section

37 of Pub. L. 90-495, set out as a note under section 101 of this

title.

-End-

-CITE-

23 USC Sec. 129 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 129. Toll roads, bridges, tunnels, and ferries

-STATUTE-

(a) Basic Program. -

(1) Authorization for federal participation. - Notwithstanding

section 301 of this title and subject to the provisions of this

section, the Secretary shall permit Federal participation in -

(A) initial construction of a toll highway, bridge, or tunnel

(other than a highway, bridge, or tunnel on the Interstate

System) or approach thereto;

(B) reconstructing, resurfacing, restoring, and

rehabilitating a toll highway, bridge, or tunnel (including a

toll highway, bridge, or tunnel subject to an agreement entered

into under this section or section 119(e) as in effect on the

day before the date of the enactment of the Intermodal Surface

Transportation Efficiency Act of 1991) or approach thereto;

(C) reconstruction or replacement of a toll-free bridge or

tunnel and conversion of the bridge or tunnel to a toll

facility;

(D) reconstruction of a toll-free Federal-aid highway (other

than a highway on the Interstate System) and conversion of the

highway to a toll facility; and

(E) preliminary studies to determine the feasibility of a

toll facility for which Federal participation is authorized

under subparagraph (A), (B), (C), or (D);

on the same basis and in the same manner as in the construction

of free highways under this chapter.

(2) Ownership. - Each highway, bridge, tunnel, or approach

thereto constructed under this subsection must -

(A) be publicly owned, or

(B) be privately owned if the public authority having

jurisdiction over the highway, bridge, tunnel, or approach has

entered into a contract with a private person or persons to

design, finance, construct, and operate the facility and the

public authority will be responsible for complying with all

applicable requirements of this title with respect to the

facility.

(3) Limitations on use of revenues. - Before the Secretary may

permit Federal participation under this subsection in

construction of a highway, bridge, or tunnel located in a State,

the public authority (including the State transportation

department) having jurisdiction over the highway, bridge, or

tunnel must enter into an agreement with the Secretary which

provides that all toll revenues received from operation of the

toll facility will be used first for debt service, for reasonable

return on investment of any private person financing the project,

and for the costs necessary for the proper operation and

maintenance of the toll facility, including reconstruction,

resurfacing, restoration, and rehabilitation. If the State

certifies annually that the tolled facility is being adequately

maintained, the State may use any toll revenues in excess of

amounts required under the preceding sentence for any purpose for

which Federal funds may be obligated by a State under this title.

(4) Special rule for funding. - In the case of a toll highway,

bridge, or tunnel under the jurisdiction of a public authority of

a State (other than the State transportation department), upon

request of the State transportation department and subject to

such terms and conditions as such department and public authority

may agree, the Secretary shall reimburse such public authority

for the Federal share of the costs of construction of the project

carried out on the toll facility under this subsection in the

same manner and to the same extent as such department would be

reimbursed if such project was being carried out by such

department. The reimbursement of funds under this paragraph shall

be from sums apportioned to the State under this chapter and

available for obligations on projects on the Federal-aid system

in such State on which the project is being carried out.

(5) Limitation on federal share. - The Federal share payable

for a project described in paragraph (1) shall be a percentage

determined by the State but not to exceed 80 percent.

(6) Modifications. - If a public authority (including a State

transportation department) having jurisdiction over a toll

highway, bridge, or tunnel subject to an agreement under this

section or section 119(e), as in effect on the day before the

effective date of title I of the Intermodal Surface

Transportation Efficiency Act of 1991, requests modification of

such agreement, the Secretary shall modify such agreement to

allow the continuation of tolls in accordance with paragraph (3)

without repayment of Federal funds.

(7) Loans. -

(A) In general. - A State may loan to a public or private

entity constructing or proposing to construct under this

section a toll facility or non-toll facility with a dedicated

revenue source an amount equal to all or part of the Federal

share of the cost of the project if the project has a revenue

source specifically dedicated to it. Dedicated revenue sources

for non-toll facilities include excise taxes, sales taxes,

motor vehicle use fees, tax on real property, tax increment

financing, and such other dedicated revenue sources as the

Secretary determines appropriate.

(B) Compliance with federal laws. - As a condition of

receiving a loan under this paragraph, the public or private

entity that receives the loan shall ensure that the project

will be carried out in accordance with this title and any other

applicable Federal law, including any applicable provision of a

Federal environmental law.

(C) Subordination of debt. - The amount of any loan received

for a project under this paragraph may be subordinated to any

other debt financing for the project.

(D) Obligation of funds loaned. - Funds loaned under this

paragraph may only be obligated for projects under this

paragraph.

(E) Repayment. - The repayment of a loan made under this

paragraph shall commence not later than 5 years after date on

which the facility that is the subject of the loan is open to

traffic.

(F) Term of loan. - The term of a loan made under this

paragraph shall not exceed 30 years from the date on which the

loan funds are obligated.

(G) Interest. - A loan made under this paragraph shall bear

interest at or below market interest rates, as determined by

the State, to make the project that is the subject of the loan

feasible.

(H) Reuse of funds. - Amounts repaid to a State from a loan

made under this paragraph may be obligated -

(i) for any purpose for which the loan funds were available

under this title; and

(ii) for the purchase of insurance or for use as a capital

reserve for other forms of credit enhancement for project

debt in order to improve credit market access or to lower

interest rates for projects eligible for assistance under

this title.

(I) Guidelines. - The Secretary shall establish procedures

and guidelines for making loans under this paragraph.

(8) Initial construction defined. - For purposes of this

subsection, the term "initial construction" means the

construction of a highway, bridge, or tunnel at any time before

it is open to traffic and does not include any improvement to a

highway, bridge, or tunnel after it is open to traffic.

(b) Notwithstanding the provisions of section 301 of this title,

the Secretary may permit Federal participation under this title in

the construction of a project constituting an approach to a ferry,

whether toll or free, the route of which is a public road and has

not been designated as a route on the Interstate System. Such ferry

may be either publicly or privately owned and operated, but the

operating authority and the amount of fares charged for passage

shall be under the control of a State agency or official, and all

revenues derived from publicly owned or operated ferries shall be

applied to payment of the cost of construction or acquisition

thereof, including debt service, and to actual and necessary costs

of operation, maintenance, repair, and replacement.

(c) Notwithstanding section 301 of this title, the Secretary may

permit Federal participation under this title in the construction

of ferry boats and ferry terminal facilities, whether toll or free,

subject to the following conditions:

(1) It is not feasible to build a bridge, tunnel, combination

thereof, or other normal highway structure in lieu of the use of

such ferry.

(2) The operation of the ferry shall be on a route classified

as a public road within the State and which has not been

designated as a route on the Interstate System. Projects under

this subsection may be eligible for both ferry boats carrying

cars and passengers and ferry boats carrying passengers only.

(3) Such ferry boat or ferry terminal facility shall be

publicly owned or operated or majority publicly owned if the

Secretary determines with respect to a majority publicly owned

ferry or ferry terminal facility that such ferry boat or ferry

terminal facility provides substantial public benefits.

(4) The operating authority and the amount of fares charged for

passage on such ferry shall be under the control of the State or

other public entity, and all revenues derived therefrom shall be

applied to actual and necessary costs of operation, maintenance,

and (!1) repair, debt service, negotiated management fees, and,

in the case of a privately operated toll ferry, for a reasonable

rate of return.

(5) Such ferry may be operated only within the State (including

the islands which comprise the State of Hawaii and the islands

which comprise the Commonwealth of Puerto Rico) or between

adjoining States or between a point in a State and a point in the

Dominion of Canada. Except with respect to operations between the

islands which comprise the State of Hawaii, operations between

the islands which comprise the Commonwealth of Puerto Rico,

operations between a point in a State and a point in the Dominion

of Canada, and operations between any two points in Alaska and

between Alaska and Washington, including stops at appropriate

points in the Dominion of Canada, no part of such ferry operation

shall be in any foreign or international waters.

(6) No such ferry shall be sold, leased, or otherwise disposed

of without the approval of the Secretary. The Federal share of

any proceeds from such a disposition shall be credited to the

unprogramed balance of Federal-aid highway funds of the same

class last apportioned to such State. Any amount so credited

shall be in addition to all other funds then apportioned to such

State and available for expenditure in accordance with the

provisions of this title.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86-657, Secs.

5, 8(a), July 14, 1960, 74 Stat. 523, 524; Pub. L. 90-495, Sec. 28,

Aug. 23, 1968, 82 Stat. 829; Pub. L. 91-605, title I, Secs. 133,

139, Dec. 31, 1970, 84 Stat. 1732, 1736; Pub. L. 92-434, Sec. 7,

Sept. 26, 1972, 86 Stat. 732; Pub. L. 93-87, title I, Secs. 118,

132, 139, Aug. 13, 1973, 87 Stat. 259, 267, 270; Pub. L. 93-643,

Sec. 108, Jan. 4, 1975, 88 Stat. 2284; Pub. L. 94-280, title I,

Sec. 121, May 5, 1976, 90 Stat. 438; Pub. L. 95-599, title I, Sec.

120, Nov. 6, 1978, 92 Stat. 2700; Pub. L. 100-17, title I, Sec.

120(a), (b), Apr. 2, 1987, 101 Stat. 157, 158; Pub. L. 100-202,

Sec. 101(l) [title III, Sec. 347(d)], Dec. 22, 1987, 101 Stat.

1329-358, 1329-388; Pub. L. 100-457, title III, Secs. 326, 335,

Sept. 30, 1988, 102 Stat. 2150, 2153; Pub. L. 102-240, title I,

Sec. 1012(a), (c), Dec. 18, 1991, 105 Stat. 1936, 1938; Pub. L.

102-388, title IV, Sec. 410, Oct. 6, 1992, 106 Stat. 1565; Pub. L.

104-59, title III, Sec. 313(a)-(c), Nov. 28, 1995, 109 Stat. 585,

586; Pub. L. 105-178, title I, Secs. 1106(c)(1)(C), 1207(a),

1211(f), formerly 1211(g), June 9, 1998, 112 Stat. 136, 185, 189;

Pub. L. 105-206, title IX, Sec. 9003(d)(5), July 22, 1998, 112

Stat. 840.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Intermodal Surface

Transportation Efficiency Act of 1991, referred to in subsec.

(a)(1)(B), is the date of enactment of Pub. L. 102-240, which was

approved Dec. 18, 1991.

For the effective date of title I of the Intermodal Surface

Transportation Efficiency Act of 1991, referred to in subsec.

(a)(6), see section 1100 of Pub. L. 102-240, set out as an

Effective Date of 1991 Amendment note under section 104 of this

title.

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-178, Sec. 1106(c)(1)(C),

substituted "which is a public road and has not" for "which has

been classified as a public road and has not" in first sentence.

Subsec. (c)(3). Pub. L. 105-178, Sec. 1207(a), substituted "owned

or operated or majority publicly owned if the Secretary determines

with respect to a majority publicly owned ferry or ferry terminal

facility that such ferry boat or ferry terminal facility provides

substantial public benefits." for "owned."

Subsec. (d). Pub. L. 105-178, Sec. 1211(f), formerly Sec.

1211(g), as renumbered by Pub. L. 105-206, Sec. 9003(d)(5), struck

out subsec. (d) which related to pilot toll collection program.

1995 - Subsec. (a)(5). Pub. L. 104-59, Sec. 313(a), amended par.

(5) generally. Prior to amendment, par. (5) read as follows:

"(5) Limitation on federal share. - Except as otherwise provided

in this paragraph, the Federal share payable for construction of a

highway, bridge, tunnel, or approach thereto or conversion of a

highway, bridge, or tunnel to a toll facility under this subsection

shall be such percentage as the State determines but not to exceed

50 percent. The Federal share payable for construction of a new

bridge, tunnel, or approach thereto or for reconstruction or

replacement of a bridge, tunnel, or approach thereto shall be such

percentage as the Secretary determines but not to exceed 80

percent. In the case of a toll facility subject to an agreement

under section 119 or 129, the Federal share payable on any project

for resurfacing, restoring, rehabilitating, or reconstructing such

facility shall be 80 percent until the scheduled expiration of such

agreement (as in effect on the day before the date of the enactment

of the Intermodal Surface Transportation Efficiency Act of 1991)."

Subsec. (a)(7). Pub. L. 104-59, Sec. 313(b), amended par. (7)

generally. Prior to amendment, par. (7) read as follows:

"(7) Loans. - A State may loan all or part of the Federal share

of a toll project under this section to a public or private agency

constructing a toll facility. Such loan may be made only after all

Federal environmental requirements have been complied with and

permits obtained. The amount loaned shall be subordinated to other

debt financing for the facility except for loans made by the State

or any other public agency to the agency constructing the facility.

Funds loaned pursuant to this section may be obligated for projects

eligible under this section. The repayment of any such loan shall

commence not more than 5 years after the facility has opened to

traffic. Any such loan shall bear interest at the average rate the

State's pooled investment fund earned in the 52 weeks preceding the

start of repayment. The term of any such loan shall not exceed 30

years from the time the loan was obligated. Amounts repaid to a

State from any loan made under this section may be obligated for

any purpose for which the loaned funds were available. The

Secretary shall establish procedures and guidelines for making such

loans."

Subsec. (c)(5). Pub. L. 104-59, Sec. 313(c), inserted before

period at end of first sentence "or between a point in a State and

a point in the Dominion of Canada" and in second sentence

substituted "Hawaii," for "Hawaii and" and inserted ", operations

between a point in a State and a point in the Dominion of Canada,"

after "Puerto Rico".

1992 - Subsec. (b). Pub. L. 102-388, Sec. 410(1), which directed

the substitution of "classified as a public road" for "approved

under section 103(b) or (b) of this title as a part of one of the

Federal-aid systems", was executed by making the substitution for

"approved under section 103(b) or (c) of this title as a part of

one of the Federal-aid systems" to reflect the probable intent of

Congress.

Subsec. (c)(2). Pub. L. 102-388, Sec. 410(2), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "The

operation of the ferry shall be on a route which has been approved

under section 103(b) or (c) of this title as a part of one of the

Federal-aid systems within the State and has not been designated as

a route on the Interstate System."

1991 - Subsec. (a). Pub. L. 102-240, Sec. 1012(a), amended

subsec. (a) generally, substituting present provisions for

provisions authorizing Federal participation in construction or

acquisition of toll bridges, tunnels and approaches, provided that

facility was publicly owned and operated by State or public

authority, and State or authority agreed that all tolls, less those

used to offset cost of operation and maintenance, were to be

applied to repayment of State or authority for cost of construction

or acquisition, that no tolls were to be charged after such

repayment, and that facility was to be free of charge thereafter,

except in case of bridge connecting United States with foreign

country.

Subsec. (b). Pub. L. 102-240, Sec. 1012(c)(1), (2), redesignated

subsec. (f) as (b) and struck out former subsec. (b) which

authorized Secretary to approve toll roads, bridges and tunnels as

part of Interstate System, authorized expenditure of Federal-aid

highway funds on toll roads after they became toll-free, and

required agreements between Secretary and State highway departments

on construction of Interstate projects to forbid construction of

toll roads, but not toll bridges and tunnels, on interstate highway

route without official concurrence of Secretary, after June 30,

1968.

Subsec. (c). Pub. L. 102-240, Sec. 1012(c), redesignated subsec.

(g) as (c), inserted "and ferry terminal facilities" after "boats"

in introductory provisions, added par. (3) and struck out former

par. (3) which read as follows: "Such ferry shall be publicly owned

and operated.", in par. (4), inserted "or other public entity"

after "State" and ", debt service, negotiated management fees, and,

in the case of a privately operated toll ferry, for a reasonable

rate of return" before period at end, and struck out former subsec.

(c) which made available funds authorized for expenditure on

Federal-aid highway systems for projects approaching toll roads,

bridges or tunnels up to point where project had use irrespective

of use for toll road, bridge or tunnel.

Subsec. (d). Pub. L. 102-240, Sec. 1012(c)(1), (2), redesignated

subsec. (j) as (d) and struck out former subsec. (d) which made

available funds authorized for expenditure on Interstate System for

Interstate System projects approaching toll road and having no

other use, if agreement was reached that section of toll road would

become free to public upon collection of tolls sufficient to

liquidate cost of road and outstanding bonds and cost of

maintenance, operation and debt service during period of toll

collection, and that there was a reasonably satisfactory

alternative free route available to bypass toll section.

Subsec. (e). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.

(e) which authorized Secretary to permit Federal participation in

reconstruction and improvement of two-lane toll road designated as

part of the Interstate System before June 30, 1973, as necessary to

bring such road to standards of Interstate System, provided that

toll road authority agreed that no new indebtedness to be

liquidated by tolls was to be incurred, that all tolls be used for

operation and maintenance and to repay outstanding bonds, and that,

upon liquidation of such bonds, the road was to become free to

public.

Subsecs. (f), (g). Pub. L. 102-240, Sec. 1012(c)(2), redesignated

subsecs. (f) and (g) as (b) and (c), respectively.

Subsec. (h). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.

(h) which provided that, in case of interstate toll bridge on

Federal-aid primary system, except Interstate System, owned by

State or political subdivision, that became toll-free by Jan. 1,

1975, because of purchase or construction by State before Jan. 1,

1975, funds would be made available under section 104(b)(1) and (3)

of this title to pay Federal share of lesser of value of bridge

(after deducting portion of value already attributable to Federal

funds) or amount by which principal amount of outstanding unpaid

bonds issued for construction or acquisition of bridge exceeded

amount accumulated for their amortization, on date bridge became

free to public.

Subsec. (i). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.

(i) which authorized Secretary to permit Federal participation,

through funds for Federal-aid highway system, other than Interstate

System, in engineering and fiscal assessments, traffic analyses,

network studies, etc., to determine whether privately owned toll

bridges should be acquired by a State or subdivision.

Subsec. (j). Pub. L. 102-240, Sec. 1012(c)(2), redesignated

subsec. (j) as (d).

Subsec. (k). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.

(k) which required operators of toll roads, tunnels, ferries and

bridges on Federal-aid highway system to biennially certify to

Governor of State that facilities were adequately maintained and

that operator had ability to fund such facilities that were not

adequately maintained without using Federal-aid highway funds, and

which required Governor of each State to report biennially to

Secretary on facilities required to so certify.

1988 - Subsec. (j)(1), (3). Pub. L. 100-457, Sec. 335, amended

Pub. L. 100-202, Sec. 101(l) [title III, Sec. 347(d)(1), (2)(A),

(C)], see 1987 Amendment note below.

Subsec. (j)(6). Pub. L. 100-457, Sec. 326(1), inserted "(and, in

the case of the State of Texas, the Texas Turnpike Authority)"

after "State highway department".

Subsec. (j)(10). Pub. L. 100-457, Sec. 326(2), added par. (10).

1987 - Subsec. (j). Pub. L. 100-17, Sec. 120(a), added subsec.

(j).

Subsec. (j)(1). Pub. L. 100-202, Sec. 101(l) [title III, Sec.

347(d)(1)], as amended by Pub. L. 100-457, Sec. 335, which directed

the amendment of par. (1) by substituting "(9)" for "(9)" was

executed by substituting "9" for "7" as the probable intent of

Congress.

Subsec. (j)(3). Pub. L. 100-202, Sec. 101(l) [title III, Sec.

347(d)(2)(A)], as amended by Pub. L. 100-457, Sec. 335, which

directed the amendment of par. (3) by substituting "(9)" for "(7)"

was executed by substituting "9" for "7" as the probable intent of

Congress.

Pub. L. 100-202, Sec. 101(l) [title III, Sec. 347(d)(2)(B)-(D)],

as amended by Pub. L. 100-457, Sec. 335, substituted "States of

Pennsylvania and West Virginia" for "State of Pennsylvania" in two

places and inserted "States of Georgia and West Virginia," and "The

toll facility in Orange County, California, may be located in more

than 1 highway corridor to relieve congestion on existing

interstate routes in such County."

Subsec. (k). Pub. L. 100-17, Sec. 120(b), added subsec. (k).

1978 - Subsec. (i). Pub. L. 95-599 added subsec. (i).

1976 - Subsec. (g)(5). Pub. L. 94-280 authorized ferry operations

within the islands which comprise the Commonwealth of Puerto Rico

and excepted ferry operations between the islands which comprise

the Commonwealth of Puerto Rico from the prohibition of ferry

operations in foreign or international waters.

1975 - Subsec. (g)(5). Pub. L. 93-643 substituted "operations

between the islands which comprise the State of Hawaii and

operations between any two points in Alaska and between Alaska and

Washington, including stops at appropriate points in the Dominion

of Canada" for "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".

1973 - Subsec. (b). Pub. L. 93-87, Sec. 118(a), inserted third

sentence providing that when any toll road 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 be expended for the construction,

reconstruction, or improvement of that road to meet the standards

adopted for the improvement of projects located on the Interstate

System.

Subsec. (e). Pub. L. 93-87, Sec. 118(b), struck from first

sentence "on the date of enactment of this subsection" before "as

he may find necessary" and substituted in third sentence "1973" for

"1968".

Subsecs. (f), (g). Pub. L. 93-87, Sec. 139, redesignated the

second subsec. (f) as (g) and in par. (5) substituted "may be

operated" for "shall be operated", inserted "(including the islands

which comprise the State of Hawaii)" after "within the State", and

excepted 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 from the

prohibition against ferry operations in foreign or international

waters.

Subsec. (h). Pub. L. 93-87, Sec. 132, added subsec. (h).

1972 - Subsec. (a)(3). Pub. L. 92-434 substituted "or" for "and"

making text read "maintained or operated", and required domestic

and foreign tolls for international bridges, and that the tolls be

limited to amount necessary for maintenance, repair, and operation

thereof.

1970 - Subsec. (e). Pub. L. 91-605, Sec. 133, added subsec. (e).

Former subsec. (e), pertaining to ferry approaches, redesignated

(f).

Subsec. (f). Pub. L. 91-605, Secs. 133, 139, redesignated subsec.

(e), relating to ferry approaches, as (f) and added a second

subsec. (f) relating to ferry boats.

1968 - Subsec. (b). Pub. L. 90-495 required that, after June 30,

1968, as a condition for the addition of toll highway facilities on

the Interstate System, the approval of the Secretary is required,

with an affirmative finding that the construction of the road as a

toll facility rather than a toll-free facility is in the public

interest, but with such limitation on the construction of toll

facilities not to extend to toll bridges and tunnels.

1960 - Pub. L. 86-657, Sec. 5(b), included ferries in section

catchline.

Subsec. (c). Pub. L. 86-657, Sec. 8(a), struck out "under prior

Acts" after "Funds authorized".

Subsec. (e). Pub. L. 86-657, Sec. 5(a), added subsec. (e).

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and

applicable to funds authorized to be appropriated or made available

after Sept. 30, 1991, and, with certain exceptions, not applicable

to funds appropriated or made available on or before Sept. 30,

1991, see section 1100 of Pub. L. 102-240, set out as a note under

section 104 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section

37 of Pub. L. 90-495, set out as a note under section 101 of this

title.

FERRY TRANSPORTATION STUDY

Pub. L. 105-178, title I, Sec. 1207(c), June 9, 1998, 112 Stat.

185, provided that:

"(1) In general. - The Secretary shall conduct a study of ferry

transportation in the United States and its possessions -

"(A) to identify existing ferry operations, including -

"(i) the locations and routes served; and

"(ii) the source and amount, if any, of funds derived from

Federal, State, or local government sources supporting ferry

construction or operations;

"(B) to identify potential domestic ferry routes in the United

States and its possessions and to develop information on those

routes; and

"(C) to identify the potential for use of high-speed ferry

services and alternative-fueled ferry services.

"(2) Report. - The Secretary shall submit a report on the results

of the study to the Committee on Transportation and Infrastructure

of the House of Representatives and the Committee on Environment

and Public Works of the Senate."

INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION PILOT PROGRAM

Pub. L. 105-178, title I, Sec. 1216(b), June 9, 1998, 112 Stat.

212, provided that:

"(1) Establishment. - The Secretary shall establish and implement

an Interstate System reconstruction and rehabilitation pilot

program under which the Secretary, notwithstanding sections 129 and

301 of title 23, United States Code, may permit a State to collect

tolls on a highway, bridge, or tunnel on the Interstate System for

the purpose of reconstructing and rehabilitating Interstate highway

corridors that could not otherwise be adequately maintained or

functionally improved without the collection of tolls.

"(2) Limitation on number of facilities. - The Secretary may

permit the collection of tolls under this subsection on 3

facilities on the Interstate System. Each of such facilities shall

be located in a different State.

"(3) Eligibility. - To be eligible to participate in the pilot

program, a State shall submit to the Secretary an application that

contains, at a minimum, the following:

"(A) An identification of the facility on the Interstate System

proposed to be a toll facility, including the age, condition, and

intensity of use of the facility.

"(B) In the case of a facility that affects a metropolitan

area, an assurance that the metropolitan planning organization

established under section 134 of title 23, United States Code,

for the area has been consulted concerning the placement and

amount of tolls on the facility.

"(C) An analysis demonstrating that the facility could not be

maintained or improved to meet current or future needs from the

State's apportionments and allocations made available by this Act

[see Tables for classification] (including amendments made by

this Act) and from revenues for highways from any other source

without toll revenues.

"(D) A facility management plan that includes -

"(i) a plan for implementing the imposition of tolls on the

facility;

"(ii) a schedule and finance plan for the reconstruction or

rehabilitation of the facility using toll revenues;

"(iii) a description of the public transportation agency that

will be responsible for implementation and administration of

the pilot program;

"(iv) a description of whether consideration will be given to

privatizing the maintenance and operational aspects of the

facility, while retaining legal and administrative control of

the portion of the Interstate route; and

"(v) such other information as the Secretary may require.

"(4) Selection criteria. - The Secretary may approve the

application of a State under paragraph (3) only if the Secretary

determines that -

"(A) the State is unable to reconstruct or rehabilitate the

proposed toll facility using existing apportionments;

"(B) the facility has a sufficient intensity of use, age, or

condition to warrant the collection of tolls;

"(C) the State plan for implementing tolls on the facility

takes into account the interests of local, regional, and

interstate travelers;

"(D) the State plan for reconstruction or rehabilitation of the

facility using toll revenues is reasonable; and

"(E) the State has given preference to the use of a public toll

agency with demonstrated capability to build, operate, and

maintain a toll expressway system meeting criteria for the

Interstate System.

"(5) Limitations on use of revenues; audits. - Before the

Secretary may permit a State to participate in the pilot program,

the State must enter into an agreement with the Secretary that

provides that -

"(A) all toll revenues received from operation of the toll

facility will be used only for -

"(i) debt service;

"(ii) reasonable return on investment of any private person

financing the project; and

"(iii) any costs necessary for the improvement of and the

proper operation and maintenance of the toll facility,

including reconstruction, resurfacing, restoration, and

rehabilitation of the toll facility; and

"(B) regular audits will be conducted to ensure compliance with

subparagraph (A) and the results of such audits will be

transmitted to the Secretary.

"(6) Limitation on use of interstate maintenance funds. - During

the term of the pilot program, funds apportioned for Interstate

maintenance under section 104(b)(4) of title 23, United States

Code, may not be used on a facility for which tolls are being

collected under the program.

"(7) Program term. - The Secretary shall conduct the pilot

program under this subsection for a term to be determined by the

Secretary, but not less than 10 years.

"(8) Interstate system defined. - In this subsection, the term

'Interstate System' has the meaning such term has under section 101

of title 23, United States Code."

CONTINUATION OF EXISTING AGREEMENTS

Section 1012(d) of title I of Pub. L. 102-240 provided that:

"Unless modified under section 129(a)(6) of such title [this

title], as amended by subsection (a) of this section, agreements

entered into under section 119(e) or 129 of such title before the

effective date of this title [Dec. 18, 1991] and in effect on the

day before such effective date shall continue in effect on and

after such effective date in accordance with the provisions of such

agreement and such section 119(e) or 129."

CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES

Pub. L. 102-240, title I, Sec. 1064, Dec. 18, 1991, 105 Stat.

2005, as amended by Pub. L. 102-388, title III, Sec. 332, Oct. 6,

1992, 106 Stat. 1550; Pub. L. 105-178, title I, Sec. 1207(b), June

9, 1998, 112 Stat. 185, provided that:

"(a) In General. - The Secretary shall carry out a program for

construction of ferry boats and ferry terminal facilities in

accordance with section 129(c) of title 23, United States Code.

"(b) Federal Share. - The Federal share payable for construction

of ferry boats and ferry terminal facilities under this section

shall be 80 percent of the cost thereof.

"(c) Funding. - There shall be available, out of the Highway

Trust Fund (other than the Mass Transit Account), to the Secretary

for obligation at the discretion of the Secretary $14,000,000 for

fiscal year 1992, $17,000,000 per fiscal year for each of fiscal

years 1993, 1994, 1995, and 1996, and $18,000,000 for fiscal year

1997 in carrying out this section. Sums made available to carry out

this section shall remain available until expended.

"(d) Set-Aside for Projects on NHS. -

"(1) In general. - $20,000,000 of the amount made available to

carry out this section for each of fiscal years 1999 through 2003

shall be obligated for the construction or refurbishment of ferry

boats and ferry terminal facilities and approaches to such

facilities within marine highway systems that are part of the

National Highway System.

"(2) Alaska. - $10,000,000 of the $20,000,000 for a fiscal year

made available under paragraph (1) shall be made available to the

State of Alaska.

"(3) New jersey. - $5,000,000 of the $20,000,000 for a fiscal

year made available under paragraph (1) shall be made available

to the State of New Jersey.

"(4) Washington. - $5,000,000 of the $20,000,000 for a fiscal

year made available under paragraph (1) shall be made available

to the State of Washington.

"(e) Applicability of Title 23. - All provisions of chapter 1 of

title 23, United States Code, that are applicable to the National

Highway System, other than provisions relating to apportionment

formula and Federal share, shall apply to funds made available to

carry out this section, except as determined by the Secretary to be

inconsistent with this section.

"(f) Treatment of Certain Roads. - For purposes of this section,

North Carolina State Routes 12, 45, 306, 615, and 168 and United

States Route 421 in the State of North Carolina shall be treated as

principal arterials. For further purposes of this section, the

access road from Interstate Business Route 75 to the Sugar Island

Ferry Service in Chippewa County, Michigan, and the access road

from United States Route 31 to the Beaver Island Ferry Service in

Charlevoix County, Michigan, shall be treated as principal

arterials."

STUDY TO DETERMINE EXTENT OF BONDED INDEBTEDNESS OF STATES FOR

CONSTRUCTION OF TOLL ROADS INCORPORATED INTO INTERSTATE SYSTEM

Section 164 of Pub. L. 95-599, as amended by Pub. L. 96-106, Sec.

16, Nov. 19, 1979, 93 Stat. 798, directed Secretary of

Transportation to report not later than July 1, 1980, respecting

extent of outstanding bonded indebtedness for each State as of Jan.

1, 1979, incurred by each State or public authority prior to June

29, 1956, for road construction or portions incorporated within

Interstate System, and methods of allocating bonded indebtedness

and removal of toll provisions.

RICHMOND-PETERSBURG TURNPIKE

Section 131 of Pub. L. 91-605 provided that: "The Secretary of

Transportation is authorized to amend any agreement heretofore

entered into under the provisions of section 129(d) of title 23,

United States Code, in order to permit the continuation of tolls on

the existing Richmond-Petersburg Turnpike to finance the

construction within the existing termini of such turnpike of two

lanes thereon in addition to the lanes in existence on the date of

enactment of this section [Dec. 31, 1970] necessary to meet traffic

and highway safety requirements. Any amended agreement entered into

for such purposes shall provide assurances that the existing

turnpike (including the additional lanes) shall become free to the

public upon the collection of tolls sufficient to liquidate all

construction costs, and the costs of maintenance, operation, and

debt service during the period of toll collections to liquidate

such construction costs, but in no event shall tolls be collected

after date of maturity of those bonds outstanding on the date of

enactment of this section [Dec. 31, 1970] issued for construction

of such turnpike having the latest maturity date."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 119, 148, 301 of this

title; title 33 section 535f.

-FOOTNOTE-

(!1) So in original. The word "and" probably should not appear.

-End-

-CITE-

23 USC Sec. 130 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 130. Railway-highway crossings

-STATUTE-

(a) Subject to section 120 and subsection (b) of this section,

the entire cost of construction of projects for the elimination of

hazards of railway-highway crossings, including the separation or

protection of grades at crossings, the reconstruction of existing

railroad grade crossing structures, and the relocation of highways

to eliminate grade crossings, may be paid from sums apportioned in

accordance with section 104 of this title. In any case when the

elimination of the hazards of a railway-highway crossing can be

effected by the relocation of a portion of a railway at a cost

estimated by the Secretary to be less than the cost of such

elimination by one of the methods mentioned in the first sentence

of this section, then the entire cost of such relocation project,

subject to section 120 and subsection (b) of this section, may be

paid from sums apportioned in accordance with section 104 of this

title.

(b) The Secretary may classify the various types of projects

involved in the elimination of hazards of railway-highway

crossings, and may set for each such classification a percentage of

the costs of construction which shall be deemed to represent the

net benefit to the railroad or railroads for the purpose of

determining the railroad's share of the cost of construction. The

percentage so determined shall in no case exceed 10 per centum. The

Secretary shall determine the appropriate classification of each

project.

(c) Any railroad involved in a project for the elimination of

hazards of railway-highway crossings paid for in whole or in part

from sums made available for expenditure under this title, or prior

Acts, shall be liable to the United States for the net benefit to

the railroad determined under the classification of such project

made pursuant to subsection (b) of this section. Such liability to

the United States may be discharged by direct payment to the State

transportation department of the State in which the project is

located, in which case such payment shall be credited to the cost

of the project. Such payment may consist in whole or in part of

materials and labor furnished by the railroad in connection with

the construction of such project. If any such railroad fails to

discharge such liability within a six-month period after completion

of the project, it shall be liable to the United States for its

share of the cost, and the Secretary shall request the Attorney

General to institute proceedings against such railroad for the

recovery of the amount for which it is liable under this

subsection. The Attorney General is authorized to bring such

proceedings on behalf of the United States, in the appropriate

district court of the United States, and the United States shall be

entitled in such proceedings to recover such sums as it is

considered and adjudged by the court that such railroad is liable

for in the premises. Any amounts recovered by the United States

under this subsection shall be credited to miscellaneous receipts.

(d) Survey and Schedule of Projects. - Each State shall conduct

and systematically maintain a survey of all highways to identify

those railroad crossings which may require separation, relocation,

or protective devices, and establish and implement a schedule of

projects for this purpose. At a minimum, such a schedule shall

provide signs for all railway-highway crossings.

(e) Funds for Protective Devices. - At least 1/2 of the funds

authorized for and expended under this section shall be available

for the installation of protective devices at railway-highway

crossings. Sums authorized to be appropriated to carry out this

section shall be available for obligation in the same manner as

funds apportioned under section 104(b)(1) of this title.

(f) Apportionment. - Twenty-five percent of the funds authorized

to be appropriated to carry out this section shall be apportioned

to the States in the same manner as sums are apportioned under

section 104(b)(2) of this title, 25 percent of such funds shall be

apportioned to the States in the same manner as sums are

apportioned under section 104(b)(6) (!1) of this title, and 50

percent of such funds shall be apportioned to the States in the

ratio that total railway-highway crossings in each State bears to

the total of such crossings in all States. The Federal share

payable on account of any project financed with funds authorized to

be appropriated to carry out this section shall be 90 percent of

the cost thereof.

(g) Annual Report. - Each State shall report to the Secretary not

later than December 30 of each year on the progress being made to

implement the railway-highway crossings program authorized by this

section and the effectiveness of such improvements. Each State

report shall contain an assessment of the costs of the various

treatments employed and subsequent accident experience at improved

locations. The Secretary shall submit a report to the Committee on

Environment and Public Works of the Senate and the Committee on

Transportation and Infrastructure of the House of Representatives

not later than April 1 of each year, on the progress being made by

the State in implementing projects to improve railway-highway

crossings. The report shall include, but not be limited to, the

number of projects undertaken, their distribution by cost range,

road system, nature of treatment, and subsequent accident

experience at improved locations. In addition, the Secretary's

report shall analyze and evaluate each State program, identify any

State found not to be in compliance with the schedule of

improvements required by subsection (d) and include recommendations

for future implementation of the railroad highway (!2) crossings

program.

(h) Use of Funds for Matching. - Funds authorized to be

appropriated to carry out this section may be used to provide a

local government with funds to be used on a matching basis when

State funds are available which may only be spent when the local

government produces matching funds for the improvement of

railway-highway crossings.

(i) Incentive Payments for At-Grade Crossing Closures. -

(1) In general. - Notwithstanding any other provision of this

section and subject to paragraphs (2) and (3), a State may, from

sums available to the State under this section, make incentive

payments to local governments in the State upon the permanent

closure by such governments of public at-grade railway-highway

crossings under the jurisdiction of such governments.

(2) Incentive payments by railroads. - A State may not make an

incentive payment under paragraph (1) to a local government with

respect to the closure of a crossing unless the railroad owning

the tracks on which the crossing is located makes an incentive

payment to the government with respect to the closure.

(3) Amount of state payment. - The amount of the incentive

payment payable to a local government by a State under paragraph

(1) with respect to a crossing may not exceed the lesser of -

(A) the amount of the incentive payment paid to the

government with respect to the crossing by the railroad

concerned under paragraph (2); or

(B) $7,500.

(4) Use of state payments. - A local government receiving an

incentive payment from a State under paragraph (1) shall use the

amount of the incentive payment for transportation safety

improvements.

(j) Bicycle Safety. - In carrying out projects under this

section, a State shall take into account bicycle safety.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 903; Pub. L. 100-17, title

I, Sec. 121(a), Apr. 2, 1987, 101 Stat. 159; Pub. L. 104-59, title

III, Sec. 325(a), Nov. 28, 1995, 109 Stat. 591; Pub. L. 104-205,

title III, Sec. 353(b), Sept. 30, 1996, 110 Stat. 2980; Pub. L.

105-178, title I, Secs. 1111(d), 1202(d), 1212(a)(2)(A)(i), June 9,

1998, 112 Stat. 146, 170, 193.)

-REFTEXT-

REFERENCES IN TEXT

Section 104(b) of this title, referred to in subsec. (f), was

amended generally by Pub. L. 105-178, title I, Sec. 1103(b), June

9, 1998, 112 Stat. 119, and, as so amended, no longer contains a

par. (6).

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1111(d), substituted

"Subject to section 120" for "Except as provided in subsection (d)

of section 120 of this title" in first sentence and "subject to

section 120" for "except as provided in subsection (d) of section

120 of this title" in second sentence.

Subsec. (c). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted

"State transportation department" for "State highway department".

Subsec. (j). Pub. L. 105-178, Sec. 1202(d), added subsec. (j).

1996 - Subsec. (i). Pub. L. 104-205 added subsec. (i).

1995 - Subsec. (g). Pub. L. 104-59 substituted "Committee on

Transportation and Infrastructure" for "Committee on Public Works

and Transportation" in third sentence.

1987 - Subsecs. (d) to (h). Pub. L. 100-17 added subsecs. (d) to

(h).

FEDERAL SHARE OF COSTS FOR CONSTRUCTION TO ELIMINATE HAZARDS

Pub. L. 106-246, div. B, title II, Sec. 2604, July 13, 2000, 114

Stat. 559, provided that: "Notwithstanding any other provision of

law, hereafter, funds apportioned under section 104(b)(3) of title

23 which are applied to projects involving the elimination of

hazards of railway-highway crossings, including the separation or

protection of grades at crossings, the reconstruction of existing

railroad grade crossing structures, and the relocation of highways

to eliminate grade crossings, may have a Federal share up to 100

percent of the cost of construction."

FEDERAL-STATE COOPERATION

Section 351(b), (c) of Pub. L. 104-59 provided that:

"(b) Safety Enforcement. -

"(1) Cooperation between federal and state agencies. - The

National Highway Traffic Safety Administration and the Office of

Motor Carriers within the Federal Highway Administration shall

cooperate and work, on a continuing basis, with the National

Association of Governors' Highway Safety Representatives, the

Commercial Vehicle Safety Alliance, and Operation Lifesaver,

Inc., to improve compliance with and enforcement of laws and

regulations pertaining to railroad-highway grade crossings.

"(2) Report. - Not later than June 1, 1998, the Secretary shall

submit to Congress a report indicating -

"(A) how the Department of Transportation worked with the

entities referred to in paragraph (1) to improve the awareness

of the highway and commercial vehicle safety and law

enforcement communities of regulations and safety challenges at

railroad-highway grade crossings; and

"(B) how resources are being allocated to better address

these challenges and enforce such regulations.

"(c) Federal-State Partnership. -

"(1) Statement of policy. -

"(A) Hazards to safety. - Certain railroad-highway grade

crossings present inherent hazards to the safety of railroad

operations and to the safety of persons using those crossings.

It is in the public interest -

"(i) to promote grade crossing safety and reduce risk at

high risk railroad-highway grade crossings; and

"(ii) to reduce the number of grade crossings while

maintaining the reasonable mobility of the American people

and their property, including emergency access.

"(B) Effective programs. - Effective programs to reduce the

number of unneeded and unsafe railroad-highway grade crossings

require the partnership of Federal, State, and local officials

and agencies, and affected railroads.

"(C) Highway planning. - Promotion of a balanced national

transportation system requires that highway planning

specifically take into consideration grade crossing safety.

"(2) Partnership and oversight. - The Secretary shall encourage

each State to make progress toward achievement of the purposes of

this subsection."

VEHICLE PROXIMITY ALERT SYSTEM

Pub. L. 102-240, title I, Sec. 1072, Dec. 18, 1991, 105 Stat.

2012, provided that: "The Secretary shall coordinate the field

testing of the vehicle proximity alert system and comparable

systems to determine their feasibility for use by priority vehicles

as an effective railroad-highway grade crossing safety device. In

the event the vehicle proximity alert or a comparable system proves

to be technologically and economically feasible, the Secretary

shall develop and implement appropriate programs under section 130

of title 23, United States Code, to provide for installation of

such devices where appropriate."

RAILWAY-HIGHWAY CROSSING HAZARDS; NATIONAL HIGHWAY INFORMATION

PROGRAM FUNDING

Pub. L. 100-457, title III, Sec. 324, Sept. 30, 1988, 102 Stat.

2150, provided that: "Notwithstanding any other provision of law,

the Secretary shall make available $250,000 per year for a national

public information program to educate the public of the inherent

hazard at railway-highway crossings. Such funds shall be made

available out of funds authorized to be appropriated out of the

Highway Trust Fund, pursuant to section 130 of title 23, United

States Code."

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 100-202, Sec. 101(l) [title III, Sec. 339], Dec. 22,

1987, 101 Stat. 1329-358, 1329-386.

RAILROAD-HIGHWAY CROSSINGS STUDY AND REPORT

Section 159 of Pub. L. 100-17 directed Secretary of

Transportation to conduct a study of national highway-railroad

crossing improvement and maintenance needs, with Secretary to

consult with State highway administrations, the Association of

American Railroads, highway safety groups, and any other

appropriate entities in carrying out this study, and directed

Secretary, not later than 24 months after Apr. 2, 1987, to submit a

final report to Congress on results of the study along with

recommendations of how crossing needs can be addressed in a cost

effective manner.

STUDY AND INVESTIGATION OF ALLEVIATION OF ENVIRONMENTAL, SOCIAL,

ETC., IMPACTS OF INCREASED UNIT TRAIN TRAFFIC

Pub. L. 95-599, title I, Sec. 162, Nov. 6, 1978, 92 Stat. 2720,

authorized Secretary of Transportation, in cooperation with State

highway departments and appropriate officials of local government,

to undertake a comprehensive investigation and study of techniques

for alleviating the environmental, social, economic, and

developmental impacts of increased unit train traffic to meet

national energy requirements in communities located along rail

corridors experiencing such increased traffic and directed

Secretary to report to Congress on results of such investigation

and study not later than Mar. 31, 1979.

DEMONSTRATION PROJECT, RAILROAD-HIGHWAY CROSSINGS; REPORTS TO

PRESIDENT AND CONGRESS; APPROPRIATIONS AUTHORIZATION; HIGHWAY

SAFETY STUDY, REPORT TO CONGRESS

Pub. L. 93-87, title I, Sec. 163, Aug. 13, 1973, 87 Stat. 280, as

amended by Pub. L. 93-643, Sec. 104, Jan. 4, 1975, 88 Stat. 2282;

Pub. L. 94-280, title I, Sec. 140(a)-(e), May 5, 1976, 90 Stat.

444; Pub. L. 95-599, title I, Sec. 134(a)-(c), Nov. 6, 1978, 92

Stat. 2709; Pub. L. 96-470, title II, Sec. 209(b), Oct. 19, 1980,

94 Stat. 2245; Pub. L. 97-424, title I, Sec. 151, Jan. 6, 1983, 96

Stat. 2132; Pub. L. 100-17, title I, Secs. 133(c)(3), 148, Apr. 2,

1987, 101 Stat. 172, 181; Pub. L. 100-202, Sec. 101(l) [title III,

Sec. 346], Dec. 22, 1987, 101 Stat. 1329-358, 1329-388; Pub. L.

102-240, title I, Sec. 1037, Dec. 18, 1991, 105 Stat. 1987; Pub. L.

104-66, title I, Sec. 1121(e), Dec. 21, 1995, 109 Stat. 724,

provided that:

"(a)(1) 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.

"(2) The Secretary of Transportation shall enter into such

arrangements as may be necessary to carry out a demonstration

project in Lafayette, Indiana, for relocation of railroad lines

from the central area of the city. There are authorized to be

appropriated to carry out this paragraph $360,000 for the fiscal

year ending June 30, 1975.

"(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 railroad 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 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 Avenue-Roberts Road.

"(m) The Secretary of Transportation shall enter into such

arrangements as may be necessary to carry out a demonstration

project in Hammond, Indiana, for the relocation of railroad lines

for the purposes of eliminating highway railroad grade crossings.

"(n) The Federal share payable on account of such projects shall

be the Federal share provided in section 120(a) of title 23, United

States Code. [sic] except those railroad-highway crossings segments

which are already engaged in or have completed the preparation of

the plans, specifications and estimates (PS&E) for the construction

of the segment involved shall retain the Federal share as specified

in subsection [sic] 163(n) [this subsection] as amended by section

134 of the Surface Transportation Assistance Act of 1978 [section

134 of Pub. L. 95-599].

"[(o) Repealed. Pub. L. 104-66, title I, Sec. 1121(e), Dec. 21,

1995, 109 Stat. 724.]

"(p) There is authorized to be appropriated to carry out this

section (other than subsection (l)), 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, $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, $70,000,000 for the fiscal year ending

September 30, 1979, and $90,000,000 for the fiscal year ending

September 30, 1980, $100,000,000 for the fiscal year ending

September 30, 1981, and $100,000,000 for the fiscal year ending

September 30, 1982, and $50,000,000 for the fiscal year ending

September 30, 1983, and $50,000,000 for the fiscal year ending

September 30, 1984, and $50,000,000 for the fiscal year ending

September 30, 1985, and $50,000,000 for the fiscal year ending

September 30, 1986, and $15,000,000 per fiscal year for each of

fiscal years 1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994,

except that not more than 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. Notwithstanding any

other provision of this section, any project which is not under

construction, according to the Secretary of Transportation, by

September 30, 1985, shall not be eligible for additional funds

under this authorization.

"(q) The Secretary, in cooperation with State highway departments

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 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 be used to carry out the

investigation and study required by this subsection."

DEMONSTRATION PROJECT, RAILROAD-HIGHWAY CROSSINGS; INCLUSION OF

PROJECTS AT TERRE HAUTE, INDIANA

Pub. L. 94-387, title I, Sec. 101, Aug. 14, 1976, 90 Stat. 1176,

provided in part: "That section 163 of Public Law 93-87 [set out as

a note above] is hereby amended to include projects at Terre Haute,

Indiana."

RAILROAD-HIGHWAY CROSSINGS

Pub. L. 93-87, title II, Sec. 203, Aug. 13, 1973, 87 Stat. 283,

as amended by Pub. L. 94-280, title II, Sec. 203, May 5, 1976, 90

Stat. 452; Pub. L. 95-599, title II, Sec. 203, Nov. 6, 1978, 92

Stat. 2728; Pub. L. 96-470, title II, Sec. 209(d), Oct. 19, 1980,

94 Stat. 2245; Pub. L. 97-327, Sec. 5(b), Oct. 15, 1982, 96 Stat.

1612; Pub. L. 97-424, title II, Sec. 205, Jan. 6, 1983, 96 Stat.

2139, which directed each State to conduct a survey of all highways

to identify those railway crossings requiring separation,

relocation, or protective devices and to establish and implement a

schedule of projects for such purpose, which at a minimum was to

provide for signs at all crossings, authorized appropriations for

elimination of hazards of railway-highway crossings, provided for

State apportionments and for the Federal share of the costs of

projects, required each State to annually report to the Secretary

of Transportation and the Secretary of Transportation to annually

report to Congress on progress in implementing railroad-highway

crossings program, and authorized use of matching funds with local

governments for improvement of railroad crossings, was repealed by

Pub. L. 100-17, title I, Sec. 121(b), Apr. 2, 1987, 101 Stat. 160.

Highway authorizations provisions of section 104(a) (1) and (2)

of Pub. L. 93-87, referred to in section 203(d) of Pub. L. 93-87

provided that:

"(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, 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 133, 409 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "railroad-highway".

-End-

-CITE-

23 USC Sec. 131 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 131. Control of outdoor advertising

-STATUTE-

(a) The Congress hereby finds and declares that the erection and

maintenance of outdoor advertising signs, displays, and devices in

areas adjacent to the Interstate System and the primary system

should be controlled in order to protect the public investment in

such highways, to promote the safety and recreational value of

public travel, and to preserve natural beauty.

(b) Federal-aid highway funds apportioned on or after January 1,

1968, to any State which the Secretary determines has not made

provision for effective control of the erection and maintenance

along the Interstate System and the primary system of outdoor

advertising signs, displays, and devices which are within six

hundred and sixty feet of the nearest edge of the right-of-way and

visible from the main traveled way of the system, and Federal-aid

highway funds apportioned on or after January 1, 1975, or after the

expiration of the next regular session of the State legislature,

whichever is later, to any State which the Secretary determines has

not made provision for effective control of the erection and

maintenance along the Interstate System and the primary system of

those additional outdoor advertising signs, displays, and devices

which are more than six hundred and sixty feet off the nearest edge

of the right-of-way, located outside of urban areas, visible from

the main traveled way of the system, and erected with the purpose

of their message being read from such main traveled way, shall be

reduced by amounts equal to 10 per centum of the amounts which

would otherwise be apportioned to such State under section 104 of

this title, until such time as such State shall provide for such

effective control. Any amount which is withheld from apportionment

to any State hereunder shall be reapportioned to the other States.

Whenever he determines it to be in the public interest, the

Secretary may suspend, for such periods as he deems necessary, the

application of this subsection to a State.

(c) Effective control means that such signs, displays, or devices

after January 1, 1968, if located within six hundred and sixty feet

of the right-of-way and, on or after July 1, 1975, or after the

expiration of the next regular session of the State legislature,

whichever is later, if located beyond six hundred and sixty feet of

the right-of-way located outside of urban areas, visible from the

main traveled way of the system, and erected with the purpose of

their message being read from such main traveled way, shall,

pursuant to this section, be limited to (1) directional and

official signs and notices, which signs and notices shall include,

but not be limited to, signs and notices pertaining to natural

wonders, scenic and historical attractions, which are required or

authorized by law, which shall conform to national standards hereby

authorized to be promulgated by the Secretary hereunder, which

standards shall contain provisions concerning lighting, size,

number, and spacing of signs, and such other requirements as may be

appropriate to implement this section, (2) signs, displays, and

devices advertising the sale or lease of property upon which they

are located, (3) signs, displays, and devices, including those

which may be changed at reasonable intervals by electronic process

or by remote control, advertising activities conducted on the

property on which they are located, (4) signs lawfully in existence

on October 22, 1965, determined by the State, subject to the

approval of the Secretary, to be landmark signs, including signs on

farm structures or natural surfaces, or historic or artistic

significance the preservation of which would be consistent with the

purposes of this section, and (5) signs, displays, and devices

advertising the distribution by nonprofit organizations of free

coffee to individuals traveling on the Interstate System or the

primary system. For the purposes of this subsection, the term "free

coffee" shall include coffee for which a donation may be made, but

is not required.

(d) In order to promote the reasonable, orderly and effective

display of outdoor advertising while remaining consistent with the

purposes of this section, signs, displays, and devices whose size,

lighting and spacing, consistent with customary use is to be

determined by agreement between the several States and the

Secretary, may be erected and maintained within six hundred and

sixty feet of the nearest edge of the right-of-way within areas

adjacent to the Interstate and primary systems which are zoned

industrial or commercial under authority of State law, or in

unzoned commercial or industrial areas as may be determined by

agreement between the several States and the Secretary. The States

shall have full authority under their own zoning laws to zone areas

for commercial or industrial purposes, and the actions of the

States in this regard will be accepted for the purposes of this

Act. Whenever a bona fide State, county, or local zoning authority

has made a determination of customary use, such determination will

be accepted in lieu of controls by agreement in the zoned

commercial and industrial areas within the geographical

jurisdiction of such authority. Nothing in this subsection shall

apply to signs, displays, and devices referred to in clauses (2)

and (3) of subsection (c) of this section.

(e) Any sign, display, or device lawfully in existence along the

Interstate System or the Federal-aid primary system on September 1,

1965, which does not conform to this section shall not be required

to be removed until July 1, 1970. Any other sign, display, or

device lawfully erected which does not conform to this section

shall not be required to be removed until the end of the fifth year

after it becomes nonconforming.

(f) The Secretary shall, in consultation with the States, provide

within the rights-of-way for areas at appropriate distances from

interchanges on the Interstate System, on which signs, displays,

and devices giving specific information in the interest of the

traveling public may be erected and maintained. 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. Such signs

shall conform to national standards to be promulgated by the

Secretary.

(g) Just compensation shall be paid upon the removal of any

outdoor advertising sign, display, or device lawfully erected under

State law and not permitted under subsection (c) of this section,

whether or not removed pursuant to or because of this section. The

Federal share of such compensation shall be 75 per centum. Such

compensation shall be paid for the following:

(A) The taking from the owner of such sign, display, or device

of all right, title, leasehold, and interest in such sign,

display, or device; and

(B) The taking from the owner of the real property on which the

sign, display, or device is located, of the right to erect and

maintain such signs, displays, and devices thereon.

(h) All public lands or reservations of the United States which

are adjacent to any portion of the Interstate System and the

primary system shall be controlled in accordance with the

provisions of this section and the national standards promulgated

by the Secretary.

(i) In order to provide information in the specific interest of

the traveling public, the State transportation 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

in section 120 for a highway project on that Federal-aid system to

be served by such center or system.

(j) Any State transportation department which has, under this

section as in effect on June 30, 1965, entered into an agreement

with the Secretary to control the erection and maintenance of

outdoor advertising signs, displays, and devices in areas adjacent

to the Interstate System shall be entitled to receive the bonus

payments as set forth in the agreement, but no such State

transportation department shall be entitled to such payments unless

the State maintains the control required under such agreement:

Provided, That permission by a State to erect and maintain

information displays which may be changed at reasonable intervals

by electronic process or remote control and which provide public

service information or advertise activities conducted on the

property on which they are located shall not be considered a breach

of such agreement or the control required thereunder. Such payments

shall be paid only from appropriations made to carry out this

section. The provisions of this subsection shall not be construed

to exempt any State from controlling outdoor advertising as

otherwise provided in this section.

(k) Subject to compliance with subsection (g) of this section for

the payment of just compensation, nothing in this section shall

prohibit a State from establishing standards imposing stricter

limitations with respect to signs, displays, and devices on the

Federal-aid highway systems than those established under this

section.

(l) Not less than sixty days before making a final determination

to withhold funds from a State under subsection (b) of this

section, or to do so under subsection (b) of section 136, or with

respect to failing to agree as to the size, lighting, and spacing

of signs, displays, and devices or as to unzoned commercial or

industrial areas in which signs, displays, and devices may be

erected and maintained under subsection (d) of this section, or

with respect to failure to approve under subsection (g) of section

136, the Secretary shall give written notice to the State of his

proposed determination and a statement of the reasons therefor, and

during such period shall give the State an opportunity for a

hearing on such determination. Following such hearing the Secretary

shall issue a written order setting forth his final determination

and shall furnish a copy of such order to the State. Within

forty-five days of receipt of such order, the State may appeal such

order to any United States district court for such State, and upon

the filing of such appeal such order shall be stayed until final

judgment has been entered on such appeal. Summons may be served at

any place in the United States. The court shall have jurisdiction

to affirm the determination of the Secretary or to set it aside, in

whole or in part. The judgment of the court shall be subject to

review by the United States court of appeals for the circuit in

which the State is located and to the Supreme Court of the United

States upon certiorari or certification as provided in title 28,

United States Code, section 1254. If any part of an apportionment

to a State is withheld by the Secretary under subsection (b) of

this section or subsection (b) of section 136, the amount so

withheld shall not be reapportioned to the other States as long as

a suit brought by such State under this subsection is pending. Such

amount shall remain available for apportionment in accordance with

the final judgment and this subsection. Funds withheld from

apportionment and subsequently apportioned or reapportioned under

this section shall be available for expenditure for three full

fiscal years after the date of such apportionment or

reapportionment as the case may be.

(m) There is authorized to be appropriated to carry out the

provisions of this section, out of any money in the Treasury not

otherwise appropriated, not to exceed $20,000,000 for the fiscal

year ending June 30, 1966, not to exceed $20,000,000 for the fiscal

year ending June 30, 1967, not to exceed $2,000,000 for the fiscal

year ending June 30, 1970, not to exceed $27,000,000 for the fiscal

year ending June 30, 1971, not to exceed $20,500,000 for the fiscal

year ending June 30, 1972, and not to exceed $50,000,000 for the

fiscal year ending June 30, 1973. The provisions of this chapter

relating to the obligation, period of availability and expenditure

of Federal-aid primary highway funds shall apply to the funds

authorized to be appropriated to carry out this section after June

30, 1967. Subject to approval by the Secretary in accordance with

the program of projects approval process of section 105,(!1) a

State may use any funds apportioned to it under section 104 of this

title for removal of any sign, display, or device lawfully erected

which does not conform to this section.

(n) No sign, display, or device shall be required to be removed

under this section if the Federal share of the just compensation to

be paid upon removal of such sign, display, or device is not

available to make such payment. Funds apportioned to a State under

section 104 of this title shall not be treated for purposes of the

preceding sentence as being available to the State for making such

a payment except to the extent that the State, in its discretion,

expends such funds for such a payment.

(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 under 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

Federal-Aid Highway Act of 1974, which sign, display, or device was

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 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.

(r) Removal of Illegal Signs. -

(1) By owners. - Any sign, display, or device along the

Interstate System or the Federal-aid primary system which was not

lawfully erected, shall be removed by the owner of such sign,

display, or device not later than the 90th day following the

effective date of this subsection.

(2) By states. - If any owner does not remove a sign, display,

or device in accordance with paragraph (1), the State within the

borders of which the sign, display, or device is located shall

remove the sign, display, or device. The owner of the removed

sign, display, or device shall be liable to the State for the

costs of such removal. Effective control under this section

includes compliance with the first sentence of this paragraph.

(s) Scenic Byway Prohibition. - If a State has a scenic byway

program, the State may not allow the erection along any highway on

the Interstate System or Federal-aid primary system which before,

on, or after the effective date of this subsection, is designated

as a scenic byway under such program of any sign, display, or

device which is not in conformance with subsection (c) of this

section. Control of any sign, display, or device on such a highway

shall be in accordance with this section. In designating a scenic

byway for purposes of this section and section 1047 of the

Intermodal Surface Transportation Efficiency Act of 1991, a State

may exclude from such designation any segment of a highway that is

inconsistent with the State's criteria for designating State scenic

byways. Nothing in the preceding sentence shall preclude a State

from signing any such excluded segment, including such segment on a

map, or carrying out similar activities, solely for purposes of

system continuity.

(t) Primary System Defined. - For purposes of this section, the

terms "primary system" and "Federal-aid primary system" mean the

Federal-aid primary system in existence on June 1, 1991, and any

highway which is not on such system but which is on the National

Highway System.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 904; Pub. L. 86-342, title

I, Sec. 106, Sept. 21, 1959, 73 Stat. 612; Pub. L. 87-61, title I,

Sec. 106, June 29, 1961, 75 Stat. 123; Pub. L. 88-157, Sec. 5, Oct.

24, 1963, 77 Stat. 277; Pub. L. 89-285, title I, Sec. 101, Oct. 22,

1965, 79 Stat. 1028; Pub. L. 89-574, Sec. 8(a), Sept. 13, 1966, 80

Stat. 768; Pub. L. 90-495, Sec. 6(a)-(d), Aug. 23, 1968, 82 Stat.

817; Pub. L. 91-605, title I, Sec. 122(a), Dec. 31, 1970, 84 Stat.

1726; Pub. L. 93-643, Sec. 109, Jan. 4, 1975, 88 Stat. 2284; Pub.

L. 94-280, title I, Sec. 122, May 5, 1976, 90 Stat. 438; Pub. L.

95-599, title I, Secs. 121, 122, Nov. 6, 1978, 92 Stat. 2700, 2701;

Pub. L. 96-106, Sec. 6, Nov. 9, 1979, 93 Stat. 797; Pub. L.

102-240, title I, Sec. 1046(a)-(c), Dec. 18, 1991, 105 Stat. 1995,

1996; Pub. L. 102-302, Sec. 104, June 22, 1992, 106 Stat. 253; Pub.

L. 104-59, title III, Sec. 314, Nov. 28, 1995, 109 Stat. 586; Pub.

L. 105-178, title I, Sec. 1212(a)(2)(A), June 9, 1998, 112 Stat.

193.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (d), probably means Pub. L.

89-285, Oct. 22, 1965, 79 Stat. 1028, as amended, known as the

Highway Beautification Act of 1965, which enacted section 136 of

this title and provisions set out as notes under sections 131 and

135 of this title and amended sections 131 and 319 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 136 of this title and Tables.

Section 105, referred to in subsec. (m), was amended generally by

Pub. L. 105-178, title I, Sec. 1104(a), June 9, 1998, 112 Stat.

127, and, as so amended, no longer refers to program of highway

project approval process by Secretary.

The date of enactment of this subsection, referred to in subsec.

(o), means May 5, 1976, the date of approval of Pub. L. 94-280.

The date of enactment of the Federal-Aid Highway Act of 1974,

referred to in subsec. (p), means Jan. 3, 1975, the date of

approval of Pub. L. 93-643.

For the effective date of this subsection, referred to in

subsecs. (r)(1) and (s), see the Effective Date of 1991 Amendment

note set out below.

Section 1047 of the Intermodal Surface Transportation Efficiency

Act of 1991, referred to in subsec. (s), is section 1047 of Pub. L.

102-240, which is set out as a note under section 101 of this

title.

-MISC1-

AMENDMENTS

1998 - Subsec. (i). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii),

substituted "State transportation departments" for "State highway

departments".

Subsec. (j). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted

"State transportation department" for "State highway department" in

two places.

1995 - Subsec. (s). Pub. L. 104-59 inserted at end "In

designating a scenic byway for purposes of this section and section

1047 of the Intermodal Surface Transportation Efficiency Act of

1991, a State may exclude from such designation any segment of a

highway that is inconsistent with the State's criteria for

designating State scenic byways. Nothing in the preceding sentence

shall preclude a State from signing any such excluded segment,

including such segment on a map, or carrying out similar

activities, solely for purposes of system continuity."

1992 - Subsec. (n). Pub. L. 102-302 inserted at end "Funds

apportioned to a State under section 104 of this title shall not be

treated for purposes of the preceding sentence as being available

to the State for making such a payment except to the extent that

the State, in its discretion, expends such funds for such a

payment."

1991 - Subsec. (m). Pub. L. 102-240, Sec. 1046(a), inserted at

end "Subject to approval by the Secretary in accordance with the

program of projects approval process of section 105, a State may

use any funds apportioned to it under section 104 of this title for

removal of any sign, display, or device lawfully erected which does

not conform to this section."

Subsecs. (r) to (t). Pub. L. 102-240, Sec. 1046(b), (c), added

subsecs. (r) to (t).

1979 - Subsec. (c)(5). Pub. L. 96-106 substituted "distribution

by nonprofit" for "distribution of nonprofit".

1978 - Subsec. (c). Pub. L. 95-599 Secs. 121, 122(c), inserted

"including those which may be changed at reasonable intervals by

electronic process or by remote control," after "devices" in cl.

(3) and added cl. (5).

Subsec. (g). Pub. L. 95-599, Sec. 122(a), inserted provision

relating to just compensation for the removal of signs lawfully

erected under State law but not permitted under subsec. (c).

Subsec. (j). Pub. L. 95-599, Sec. 122(d), inserted provision

relating to permission by the State to erect and maintain

information displays.

Subsec. (k). Pub. L. 95-599, Sec. 122(b), substituted "Subject to

compliance with subsection (g) of this section for the payment of

just compensation, nothing" for "Nothing".

1976 - Subsec. (f). Pub. L. 94-280, Sec. 122(a), authorized the

Secretary, in consultation with the States, to 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.

Subsec. (i). Pub. L. 94-280, Sec. 122(c), authorized a State to

establish travel information systems within the rights-of-way and

prescribed as the Federal share of the cost of establishing an

information center or travel information system the Federal share

which is provided in section 120 of this title for a highway

project on that Federal-aid system to be served by such center or

system.

Subsecs. (o) to (q). Pub. L. 94-280, Sec. 122(b), added subsecs.

(o) to (q).

1975 - Subsec. (b). Pub. L. 93-643, Sec. 109(a), required

reduction of Federal-aid highway funds apportioned on or after Jan.

1, 1975, or after the expiration of the next regular session of the

State legislature, whichever is later, to any State which the

Secretary determines has not made provision for effective control

of the erection and maintenance along the Interstate System and the

primary system of those additional outdoor advertising signs,

displays, and devices which are more than 660 feet off the nearest

edge of the right-of-way, located outside of urban areas, visible

from the main traveled way of the system, and erected with the

purpose of their message being read from such main traveled way.

Subsec. (c). Pub. L. 93-643, Sec. 109(b), substituted "Effective

control means that such signs, displays, or devices after January

1, 1968, if located within six hundred and sixty feet of the

right-of-way and, on or after July 1, 1975, or after the expiration

of the next regular session of the State legislature, whichever is

later, if located beyond six hundred and sixty feet of the

right-of-way, located outside of urban areas, visible from the main

traveled way of the system, and erected with the purpose of their

message being read from such main traveled way," for "Effective

control means that after January 1, 1968, such signs, displays, and

devices", deleted in cl. (1) "other" before "official signs", and

added cl. (4).

Subsec. (g). Pub. L. 93-643, Sec. 109(c), substituted first

sentence reading "Just compensation shall be paid upon the removal

of any outdoor advertising sign, display, or device lawfully

erected under State law." for prior first sentence which provided

for payment of just compensation for removal of outdoor advertising

signs, displays, and devices (1) lawfully in existence on Oct. 22,

1965, (2) lawfully on any highway made a part of the interstate or

primary system on or after Oct. 22, 1965, and before Jan. 1, 1968,

and (3) lawfully erected on or after Jan. 1, 1968.

1970 - Subsec. (m). Pub. L. 91-605 authorized to be appropriated

not to exceed $27,000,000, $20,500,000 and $50,000,000, for the

fiscal years ending June 30, 1971, 1972, and 1973, respectively.

1968 - Subsec. (d). Pub. L. 90-495, Sec. 6(a), provided that

whenever a bona fide State, county, or local zoning authority has

made a determination of customary use, such determination will be

accepted in lieu of controls by agreement in the zoned commercial

and industrial areas within the geographical jurisdiction of such

authority.

Subsec. (j). Pub. L. 90-495, Sec. 6(b), struck out provision for

the imposition of controls on outdoor advertising by the Federal

government that are stricter than those imposed by the State

highway department.

Subsec. (m). Pub. L. 90-495, Sec. 6(c), inserted provision

authorizing an appropriation of not to exceed $2,000,000 for the

fiscal year ending June 30, 1970.

Subsec. (n). Pub. L. 90-495, Sec. 6(d), added subsec. (n).

1966 - Subsec. (m). Pub. L. 89-574 substituted provisions making

applicable to the funds authorized to be appropriated to carry out

this section after June 30, 1967 the provisions of chapter 1 of

this title relating to the obligation, period of availability and

expenditure of Federal-aid primary highway funds for provisions

prohibiting the use of any part of the Highway Trust Fund in

carrying out this section.

1965 - Subsec. (a). Pub. L. 89-285 struck out specific reference

to the area which lies within six-hundred and sixty feet of the

edge of the right-of-way and which is visible from the right-of-way

and instead made only general reference to the areas adjacent to

the Interstate System and struck out reference to types of

permissible signs.

Subsec. (b). Pub. L. 89-285 substituted provisions reducing by 10

per centum the apportioned share, on or after January 1, 1968, of

any State not making provision for effective control of erection

and maintenance of outdoor advertising signs, displays and devices

within six-hundred and sixty feet of the nearest edge of the right

of way and visible from the traveled portion, reapportioning

withheld funds to other States, and allowing for suspension of such

provisions in the discretion of the Secretary, for provisions which

authorized the Secretary to enter into agreements with the States

to carry out national policy on control of areas adjacent to the

Interstate System.

Subsec. (c). Pub. L. 89-285 substituted provisions setting out

permissible types of signs as directional and other official signs

and notices, signs advertising sale or lease of property on which

the sign is located, and signs, displays, and devices advertising

activities conducted on the property on which the sign is located,

for provisions allowing for an increase in the Federal share

payable under the Federal-Aid Highway Act of 1956, as amended, in

the case of States entering into an agreement with the Secretary

prior to July 1, 1965.

Subsec. (d). Pub. L. 89-285 substituted provisions allowing for

agreements between the Secretary and the several States covering

commercial or industrial property, for provisions covering control

of the adjacent area when the Interstate System is located on or

near public lands or reservations of the United States.

Subsec. (e). Pub. L. 89-285 substituted provisions setting out

the timetable for removal of signs, displays, and devices lawfully

along Interstate System or Federal-aid primary system highways, for

provisions allowing the inclusion of the cost of purchase or

condemnation of the right to advertise or control advertising in

the area adjacent to Interstate System right-of-way as part of the

cost of construction.

Subsecs. (f) to (m). Pub. L. 89-285 added subsecs. (f) to (m).

1963 - Subsec. (c). Pub. L. 88-157 substituted "July 1, 1965" for

"July 1, 1963".

1961 - Subsec. (c). Pub. L. 87-61 substituted "July 1, 1963" for

"July 1, 1961".

1959 - Subsec. (b). Pub. L. 86-342 substituted "Agreements

entered into between the Secretary of Commerce and State highway

departments under this section shall not apply to those segments of

the Interstate System which traverse commercial or industrial zones

within the presently existing boundaries of incorporated

municipalities wherein the use of real property adjacent to the

Interstate System is subject to municipal regulation or control, or

which traverse other areas where the land use, as of the date of

approval of this Act, is clearly established by State law as

industrial or commercial" for "Upon application of the State, any

such agreement may, within the discretion of the Secretary of

Commerce consistent with the national policy, provide for excluding

from application of the national standards segments of the

Interstate System which traverse incorporated municipalities

wherein the use of real property adjacent to the Interstate System

is subject to municipal regulation or control, or which traverse

other areas where the land use is clearly established by State law

as industrial or commercial."

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and

applicable to funds authorized to be appropriated or made available

after Sept. 30, 1991, and, with certain exceptions, not applicable

to funds appropriated or made available on or before Sept. 30,

1991, see section 1100 of Pub. L. 102-240, set out as a note under

section 104 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section

37 of Pub. L. 90-495, set out as a note under section 101 of this

title.

STUDY OF STATE PRACTICES ON SPECIFIC SERVICE SIGNING

Pub. L. 105-178, title I, Sec. 1213(g), June 9, 1998, 112 Stat.

202, provided that:

"(1) Study. - The Secretary shall conduct a study to determine

the practices in the States for specific service food signs

described in sections 2G-5.7 and 2G-5.8 of the Manual on Uniform

Traffic Control Devices for Streets and Highways. The study shall

examine, at a minimum -

"(A) the practices of all States for determining businesses

eligible for inclusion on such signs;

"(B) whether States allow businesses to be removed from such

signs and the circumstances for such removal;

"(C) the practices of all States for erecting and maintaining

such signs, including the time required for erecting such signs;

and

"(D) whether States contract out the erection and maintenance

of such signs.

"(2) Report. - Not later than 1 year after the date of enactment

of this Act [June 9, 1998], the Secretary shall transmit to

Congress a report on the results of the study, including any

recommendations and, if appropriate, modifications to the Manual."

EFFECT OF 1991 AMENDMENT ON STATE COMPLIANCE LAWS OR REGULATIONS

Section 1046(d) of Pub. L. 102-240 provided that: "The amendments

made by this section [amending this section] shall not affect the

status or validity of any existing compliance law or regulation

adopted by a State pursuant to section 131 of title 23, United

States Code."

USE OF TOURIST ORIENTED DIRECTIONAL SIGNS

Section 1059 of Pub. L. 102-240 provided that:

"(a) In General. - The Secretary shall encourage the States to

provide for equitable participation in the use of tourist oriented

directional signs or 'logo' signs along the Interstate System and

the Federal-aid primary system (as defined under section 131(t) of

title 23, United States Code).

"(b) Study. - Not later than 1 year after the effective date of

this title [Dec. 18, 1991], the Secretary shall conduct a study and

report to Congress on the participation in the use of signs

referred to in subsection (a) and the practices of the States with

respect to the use of such signs."

HIGHWAY BEAUTIFICATION COMMISSION

Section 123 of Pub. L. 91-605, as amended by Pub. L. 93-6, Feb.

16, 1973, 87 Stat. 6, established the Commission on Highway

Beautification to (1) study existing statutes and regulations

governing control of outdoor advertising and junkyards in areas

adjacent to Federal-aid highway system, (2) review policies and

practices of Federal and State agencies charged with administrative

jurisdiction over such highways insofar as such policies and

practices relate to governing control of outdoor advertising and

junkyards, (3) compile data necessary to understand and determine

the requirements for such control which may now exist or are likely

to exist within foreseeable future, (4) study problems relating to

control of on-premise outdoor advertising signs, promotional signs,

directional signs, and signs providing information that is

essential to motoring public, (5) study methods of financing and

possible sources of Federal funds, including use of the Highway

Trust Fund, to carry out highway beautification program, and (6)

recommend such modifications or additions to existing laws,

regulations, policies, practices, and demonstration programs as

will, in judgment of the Commission, achieve a workable and

effective highway beautification program and best serve the public

interest and to submit, not later than Dec. 31, 1973, its final

report. The Commission terminated six months after submission of

said report.

COMPREHENSIVE STUDY ON HIGHWAY BEAUTIFICATION PROGRAMS

Section 302 of Pub. L. 89-285 provided that in order to provide

the basis for evaluating the continuing programs authorized by Pub.

L. 89-285, and to furnish the Congress with the information

necessary for authorization of appropriations for fiscal years

beginning after June 30, 1967, the Secretary, in cooperation with

the State highway departments, shall make a detailed estimate of

the cost of carrying out the provisions of Pub. L. 89-885, and a

comprehensive study of the economic impact of such programs on

affected individuals and commercial and industrial enterprises, the

effectiveness of such programs and the public and private benefits

realized thereby, and alternate or improved methods of

accomplishing the objectives of Pub. L. 89-285. The Secretary was

required to submit such detailed estimate and a report concerning

such comprehensive study to the Congress not later than Jan. 10,

1967.

STANDARDS, CRITERIA, RULES AND REGULATIONS

Section 303 of Pub. L. 89-285 mandated the holding of public

hearings by the Secretary of Commerce prior to the promulgation of

standards, criteria and rules and regulations necessary to carry

out this section and section 136 of this title, such standards,

criteria, etc., to be reported to Congress not later than Jan. 10,

1967.

ACQUISITION OF DWELLINGS

Section 305 of Pub. L. 89-285 provided that: "Nothing in this Act

or the amendments made by this Act [amending this section and

section 319 of this title and enacting section 136 of this title

and provisions set out as notes under this section and sections 135

and 136 of this title] shall be construed to authorize the use of

eminent domain to acquire any dwelling (including related

buildings)."

TAKING OF PRIVATE PROPERTY WITHOUT JUST COMPENSATION

Section 401 of Pub. L. 89-285 provided that: "Nothing in this Act

or the amendments made by this Act [amending this section and

section 319 of this title and enacting section 136 of this title

and provisions set out as notes under sections 131, 135, and 136 of

this title] shall be construed to authorize private property to be

taken or the reasonable and existing use restricted by such taking

without just compensation as provided in this Act."

AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR ADMINISTRATIVE

EXPENSES

Section 402 of Pub. L. 89-285, as amended by Pub. L. 97-449, Sec.

2(a), Jan. 12, 1983, 96 Stat. 2439, provided that: "In addition to

any other amounts authorized by this Act and the amendments made by

this Act [amending this section and section 319 of this title and

enacting section 136 of this title and provisions set out as notes

under this section and sections 135 and 136 of this title], there

is authorized to be appropriated, out of any money in the Treasury

not otherwise appropriated, to the Secretary not to exceed

$5,000,000 for administrative expenses in carrying out this Act

(including amendments made by this Act)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 148 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 132 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 132. Payments on Federal-aid projects undertaken by a Federal

agency

-STATUTE-

Where a proposed Federal-aid project is to be undertaken by a

Federal agency pursuant to an agreement between a State and such

Federal agency and the State makes a deposit with or payment to

such Federal agency as may be required in fulfillment of the

State's obligation under such agreement for the work undertaken or

to be undertaken by such Federal agency, the Secretary, upon

execution of a project agreement with such State for the proposed

Federal-aid project, may reimburse the State out of the appropriate

appropriations the estimated Federal share under the provisions of

this title of the State's obligation so deposited or paid by such

State. Upon completion of such project and its acceptance by the

Secretary, an adjustment shall be made in such Federal share

payable on account of such project based on the final cost thereof.

Any sums reimbursed to the State under this section which may be in

excess of the Federal pro rata share under the provisions of this

title of the State's share of the cost as set forth in the approved

final voucher submitted by the State shall be recovered and

credited to the same class of funds from which the Federal payment

under this section was made.

-SOURCE-

(Added Pub. L. 86-657, Sec. 4(a), July 14, 1960, 74 Stat. 522.)

-End-

-CITE-

23 USC Sec. 133 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 133. Surface transportation program

-STATUTE-

(a) Establishment. - The Secretary shall establish a surface

transportation program in accordance with this section.

(b) Eligible Projects. - A State may obligate funds apportioned

to it under section 104(b)(3) for the surface transportation

program only for the following:

(1) Construction, reconstruction, rehabilitation, resurfacing,

restoration, and operational improvements for highways (including

Interstate highways) and bridges (including bridges on public

roads of all functional classifications), including any such

construction or reconstruction necessary to accommodate other

transportation modes, and including the seismic retrofit and

painting of and application of calcium magnesium acetate, sodium

acetate/formate, or other environmentally acceptable, minimally

corrosive anti-icing and de-icing compositions on bridges and

approaches thereto and other elevated structures, mitigation of

damage to wildlife, habitat, and ecosystems caused by a

transportation project funded under this title.

(2) Capital costs for transit projects eligible for assistance

under chapter 53 of title 49, including vehicles and facilities,

whether publicly or privately owned, that are used to provide

intercity passenger service by bus.

(3) Carpool projects, fringe and corridor parking facilities

and programs, bicycle transportation and pedestrian walkways in

accordance with section 217, and the modification of public

sidewalks to comply with the Americans with Disabilities Act of

1990 (42 U.S.C. 12101 et seq.).

(4) Highway and transit safety infrastructure improvements and

programs, hazard eliminations, projects to mitigate hazards

caused by wildlife, and railway-highway grade crossings.

(5) Highway and transit research and development and technology

transfer programs.

(6) Capital and operating costs for traffic monitoring,

management, and control facilities and programs.

(7) Surface transportation planning programs.

(8) Transportation enhancement activities.

(9) Transportation control measures listed in section

108(f)(1)(A) (other than clause (xvi)) of the Clean Air Act (42

U.S.C. 7408(f)(1)(A)).

(10) Development and establishment of management systems under

section 303.

(11) In accordance with all applicable Federal law and

regulations, participation in natural habitat and wetlands

mitigation efforts related to projects funded under this title,

which may include participation in natural habitat and wetlands

mitigation banks; contributions to statewide and regional efforts

to conserve, restore, enhance, and create natural habitats and

wetlands; and development of statewide and regional natural

habitat and 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. 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).

(13) (!1) Infrastructure-based intelligent transportation

systems capital improvements.

(14) Environmental restoration and pollution abatement projects

(including the retrofit or construction of storm water treatment

systems) to address water pollution or environmental degradation

caused or contributed to by transportation facilities, which

projects shall be carried out when the transportation facilities

are undergoing reconstruction, rehabilitation, resurfacing, or

restoration; except that the expenditure of funds under this

section for any such environmental restoration or pollution

abatement project shall not exceed 20 percent of the total cost

of the reconstruction, rehabilitation, resurfacing, or

restoration project.

(c) Location of Projects. - Except as provided in subsection

(b)(1), surface transportation program projects (other than those

described in subsections (b)(3) and (4)) may not be undertaken on

roads functionally classified as local or rural minor collectors,

unless such roads are on a Federal-aid highway system on January 1,

1991, and except as approved by the Secretary.

(d) Allocations of Apportioned Funds. -

(1) For safety programs. - 10 percent of the funds apportioned

to a State under section 104(b)(3) for the surface transportation

program for a fiscal year shall only be available for carrying

out sections 130 and 152 of this title. Of the funds set aside

under the preceding sentence, the State shall reserve in such

fiscal year an amount of such funds for carrying out each such

section which is not less than the amount of funds apportioned to

the State in fiscal year 1991 under such section.

(2) For transportation enhancement activities. - 10 percent of

the funds apportioned to a State under section 104(b)(3) for a

fiscal year shall only be available for transportation

enhancement activities.

(3) Division between urbanized areas of over 200,000 population

and other areas. -

(A) General rule. - Except as provided in subparagraphs (C)

and (D), 62.5 percent of the remaining 80 percent of the funds

apportioned to a State under section 104(b)(3) for a fiscal

year shall be obligated under this section -

(i) in urbanized areas of the State with an urbanized area

population of over 200,000, and

(ii) in other areas of the State,

in proportion to their relative share of the State's

population. The remaining 37.5 percent may be obligated in any

area of the State. Funds attributed to an urbanized area under

clause (i) may be obligated in the metropolitan area

established under section 134 which encompasses the urbanized

area.

(B) Special rule for areas of less than 5,000 population. -

Of the amounts required tobe (!2) obligated under subparagraph

(A)(ii), the State shall obligate in areas of the State (other

than urban areas with a population greater than 5,000) an

amount which is not less than 110 percent of the amount of

funds apportioned to the State for the Federal-aid secondary

system for fiscal year 1991.

(C) Special rule for certain states. - In the case of a State

in which -

(i) greater than 80 percent of the population of the State

is located in 1 or more metropolitan statistical areas, and

(ii) greater than 80 percent of the land area of such State

is owned by the United States,

the 62.5 percentage specified in the first sentence of

subparagraph (A) shall be 35 percent and the percentage

specified in the second sentence of subparagraph (A) shall be

65 percent.

(D) Noncontiguous states exemption. - Subparagraph (A) shall

not apply to Hawaii and Alaska (!3)

(E) Distribution between urbanized areas of over 200,000

population. - The amount of funds which a State is required to

obligate under subparagraph (A)(i) shall be obligated in

urbanized areas described in subparagraph (A)(i) based on the

relative population of such areas; except that the State may

obligate such funds based on other factors if the State and the

relevant metropolitan planning organizations jointly apply to

the Secretary for the permission to do so and the Secretary

grants the request.

(4) Applicability of planning requirements. - Programming and

expenditure of funds for projects under this section shall be

consistent with the requirements of sections 134 and 135 of this

title.

(5) Applicability of certain requirements to third party

sellers. -

(A) In general. - Except as provided in subparagraphs (B) and

(C), in the case of a transportation enhancement activity

funded from the allocation required under paragraph (2), if

real property or an interest in real property is to be acquired

from a qualified organization exclusively for conservation

purposes (as determined under section 170(h) of the Internal

Revenue Code of 1986), the organization shall be considered to

be the owner of the property for the purpose of the Uniform

Relocation Assistance and Real Property Acquisition Policies

Act of 1970 (42 U.S.C. 4601 et seq.).

(B) Federal approval prior to involvement of qualified

organization. - If Federal approval of the acquisition of the

real property or interest predates the involvement of a

qualified organization described in subparagraph (A) in the

acquisition of the property, the organization shall be

considered to be an acquiring agency or person as described in

section 24.101(a)(2) of title 49, Code of Federal Regulations,

for the purpose of the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970.

(C) Acquisitions on behalf of recipients of federal funds. -

If a qualified organization described in subparagraph (A) has

contracted with a State transportation department or other

recipient of Federal funds to acquire the real property or

interest on behalf of the recipient, the organization shall be

considered to be an agent of the recipient for the purpose of

the Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970.

(e) Administration. -

(1) Noncompliance. - If the Secretary determines that a State

or local government has failed to comply substantially with any

provision of this section, the Secretary shall notify the State

that, if the State fails to take corrective action within 60 days

from the date of receipt of the notification, the Secretary will

withhold future apportionments under section 104(b)(3) until the

Secretary is satisfied that appropriate corrective action has

been taken.

(2) Program approval. -

(A) Submission of project agreement. - For each fiscal year,

each State shall submit a project agreement that -

(i) certifies that the State will meet all the requirements

of this section; and

(ii) notifies the Secretary of the amount of obligations

needed to carry out the program under this section.

(B) Request for adjustments of amounts. - Each State shall

request from the Secretary such adjustments to the amount of

obligations referred to in subparagraph (A)(ii) as the State

determines to be necessary.

(C) Effect of approval by the secretary. - Approval by the

Secretary of a project agreement under subparagraph (A) shall

be deemed a contractual obligation of the United States to pay

surface transportation program funds made available under this

title.

(3) Payments. -

(A) In general. - Except as provided in subparagraph (B), the

Secretary shall make payments to a State of costs incurred by

the State for the surface transportation program in accordance

with procedures to be established by the Secretary.

(B) Advance payment option for transportation enhancement

activities. -

(i) In general. - The Secretary may advance funds to the

State for transportation enhancement activities funded from

the allocation required by subsection (d)(2) for a fiscal

year.

(ii) Limitation on amounts. - Amounts advanced under this

subparagraph shall be limited to such amounts as are

necessary to make prompt payments for project costs.

(iii) Effect on other requirements. - This subparagraph

shall not exempt a State from other requirements of this

title relating to the surface transportation program.

(4) Population determinations. - The Secretary shall use

estimates prepared by the Secretary of Commerce when determining

population figures for purposes of this section.

(5) Transportation enhancement activities. -

(A) Categorical exclusions. - To the extent appropriate, the

Secretary shall develop categorical exclusions from the

requirement that an environmental assessment or an

environmental impact statement under section 102 of the

National Environmental Policy Act of 1969 (42 U.S.C. 4332) be

prepared for transportation enhancement activities funded from

the allocation required by subsection (d)(2).

(B) Nationwide programmatic agreement. - The Secretary, in

consultation with the National Conference of State Historic

Preservation Officers and the Advisory Council on Historic

Preservation established under title II of the National

Historic Preservation Act (16 U.S.C. 470i et seq.), shall

develop a nationwide programmatic agreement governing the

review of transportation enhancement activities funded from the

allocation required by subsection (d)(2), in accordance with -

(i) section 106 of such Act (16 U.S.C. 470f); and

(ii) the regulations of the Advisory Council on Historic

Preservation.

(C) Cost sharing. -

(i) Required aggregate non-federal share. - The average

annual non-Federal share of the total cost of all projects to

carry out transportation enhancement activities in a State

for a fiscal year shall be not less than the non-Federal

share authorized for the State under section 120(b).

(ii) Innovative financing. - Subject to clause (i),

notwithstanding section 120 -

(I) funds from other Federal agencies and the value of

other contributions (as determined by the Secretary) may be

credited toward the non-Federal share of the costs of a

project to carry out a transportation enhancement activity;

(II) the non-Federal share for such a project may be

calculated on a project, multiple-project, or program

basis; and

(III) the Federal share of the cost of an individual

project to which subclause (I) or (II) applies may be up to

100 percent.

(f) Obligation Authority. -

(1) In general. - A State that is required to obligate in an

urbanized area with an urbanized area population of over 200,000

individuals under subsection (d) funds apportioned to the State

under section 104(b)(3) shall make available during the period of

fiscal years 1998 through 2000 and the period of fiscal years

2001 through 2003 an amount of obligation authority distributed

to the State for Federal-aid highways and highway safety

construction programs for use in the area that is equal to the

amount obtained by multiplying -

(A) the aggregate amount of funds that the State is required

to obligate in the area under subsection (d) during the period;

and

(B) the ratio that -

(i) the aggregate amount of obligation authority

distributed to the State for Federal-aid highways and highway

safety construction programs during the period; bears to

(ii) the total of the sums apportioned to the State for

Federal-aid highways and highway safety construction programs

(excluding sums not subject to an obligation limitation)

during the period.

(2) Joint responsibility. - Each State, each affected

metropolitan planning organization, and the Secretary shall

jointly ensure compliance with paragraph (1).

-SOURCE-

(Added Pub. L. 102-240, title I, Sec. 1007(a)(1), Dec. 18, 1991,

105 Stat. 1927; amended Pub. L. 103-429, Sec. 3(4), Oct. 31, 1994,

108 Stat. 4377; Pub. L. 104-59, title III, Secs. 315, 316, Nov. 28,

1995, 109 Stat. 586, 587; Pub. L. 105-178, title I, Secs.

1108(a)-(e), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 138-140,

193.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsec. (b)(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended, which is classified principally to chapter 126 (Sec.

12101 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 12101 of Title 42 and Tables.

The Water Resources Development Act of 1990, referred to in

subsec. (b)(11), is Pub. L. 101-640, Nov. 28, 1990, 104 Stat. 4604.

For complete classification of this Act to the Code, see Short

Title of 1990 Amendment note set out under section 2201 of Title

33, Navigation and Navigable Waters, and Tables.

The Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, referred to in subsec. (d)(5), is Pub. L.

91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is

classified generally to chapter 61 (Sec. 4601 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 4601 of

Title 42 and Tables.

Section 170(h) of the Internal Revenue Code of 1986, referred to

in subsec. (d)(5)(A), is classified to section 170(h) of Title 26,

Internal Revenue Code.

The National Historic Preservation Act, referred to in subsec.

(e)(5)(B), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as

amended. Title II of the Act is classified generally to part B

(Sec. 470i et seq.) of subchapter II of chapter 1A of Title 16,

Conservation. For complete classification of this Act to the Code,

see section 470 of Title 16 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 133, Pub. L. 87-866, Sec. 5(a), Oct. 23, 1962, 76

Stat. 1146, provided for relocation assistance for persons

displaced by Federal-aid highway construction, prior to repeal by

Pub. L. 90-495, Sec. 37, Aug. 23, 1968, 82 Stat. 836, effective

July 1, 1970. See section 501 et seq. of this title.

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-178, Sec. 1108(a)(1), inserted

", sodium acetate/formate, or other environmentally acceptable,

minimally corrosive anti-icing and de-icing compositions" after

"calcium magnesium acetate".

Subsec. (b)(2). Pub. L. 105-178, Sec. 1108(a)(2), substituted ",

including vehicles and facilities, whether publicly or privately

owned, that are used to provide intercity passenger service by bus"

for "and publicly owned intracity or intercity bus terminals and

facilities".

Subsec. (b)(3). Pub. L. 105-178, Sec. 1108(a)(3), substituted

"bicycle" for "and bicycle" and inserted before period at end ",

and the modification of public sidewalks to comply with the

Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)".

Subsec. (b)(4). Pub. L. 105-178, Sec. 1108(a)(4), substituted

"Highway and transit safety infrastructure" for "Highway and

transit safety".

Subsec. (b)(9). Pub. L. 105-178, Sec. 1108(a)(5), substituted

"section 108(f)(1)(A) (other than clause (xvi)) of the Clean Air

Act (42 U.S.C. 7408(f)(1)(A))" for "section 108(f)(1)(A) (other

than clauses (xii) and (xvi)) of the Clean Air Act".

Subsec. (b)(11). Pub. L. 105-178, Sec. 1108(a)(6), in first

sentence, inserted "natural habitat and" after "participation in"

in two places and also before "wetlands conservation and mitigation

plans" and substituted "enhance, and create natural habitats and

wetlands" for "enhance and create wetlands" and inserted at end

"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)."

Subsec. (b)(13), (14). Pub. L. 105-178, Sec. 1108(a)(7), added

pars. (13) and (14).

Subsec. (d)(3)(D). Pub. L. 105-178, Sec. 1108(b)(1), substituted

"Hawaii and Alaska" for "any State which is noncontiguous with the

continental United States."

Subsec. (d)(5)(C). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),

substituted "State transportation department" for "State highway

department".

Subsec. (e)(2). Pub. L. 105-178, Sec. 1108(c), added par. (2) and

struck out heading and text of former par. (2). Text read as

follows: "The Governor of each State shall certify before the

beginning of each quarter of a fiscal year that the State will meet

all the requirements of this section and shall notify the Secretary

of the amount of obligations expected to be incurred for surface

transportation program projects during such quarter. A State may

request adjustment to the obligation amounts later in each of such

quarters. Acceptance of the notification and certification shall be

deemed a contractual obligation of the United States for the

payment of the surface transportation program funds expected to be

obligated by the State in such quarter for projects not subject to

review by the Secretary under this chapter."

Subsec. (e)(3)(A). Pub. L. 105-178, Sec. 1108(d), struck out at

end "Payments shall not exceed the Federal share of costs incurred

as of the date the State requests payments."

Subsec. (e)(3)(B)(i). Pub. L. 105-178, Sec. 1108(b)(2)(A), struck

out before period at end "if the Secretary certifies for the fiscal

year that the State has authorized and uses a process for the

selection of transportation enhancement projects that involves

representatives of affected public entities, and private citizens,

with expertise related to transportation enhancement activities".

Subsec. (e)(5)(C). Pub. L. 105-178, Sec. 1108(b)(2)(B), added

subpar. (C).

Subsec. (f). Pub. L. 105-178, Sec. 1108(e), which directed

general amendment of section 133 to read as subsec. (f), was

executed by amending heading and text of section 133(f) generally

to reflect the probable intent of Congress. Prior to amendment,

subsec. (f) read as follows:

"(f) Allocation of Obligation Authority. - A State which is

required to obligate in an urbanized area with an urbanized area

population of over 200,000 under subsection (d) funds apportioned

to it under section 104(b)(3) shall allocate during the 6-fiscal

year period 1992 through 1997 an amount of obligation authority

distributed to the State for Federal-aid highways and highway

safety construction for use in such area determined by multiplying

-

"(1) the aggregate amount of funds which the State is required

to obligate in such area under subsection (d) during such period;

by

"(2) the ratio of the aggregate amount of obligation authority

distributed to the State for Federal-aid highways and highway

safety construction during such period to the total sums

apportioned to the State for Federal-aid highways and highway

safety construction (excluding sums not subject to an obligation

limitation) during such period."

1995 - Subsec. (d)(5). Pub. L. 104-59, Sec. 315, added par. (5).

Subsec. (e)(3). Pub. L. 104-59, Sec. 316(1), designated existing

provisions as subpar. (A), inserted subpar. (A) heading, realigned

margins, substituted "Except as provided in subparagraph (B), the"

for "The", and added subpar. (B).

Subsec. (e)(5). Pub. L. 104-59, Sec. 316(2), added par. (5).

1994 - Subsec. (b)(2). Pub. L. 103-429 substituted "chapter 53 of

title 49" for "the Federal Transit Act".

EFFECTIVE DATE

Section effective Dec. 18, 1991, and applicable to funds

authorized to be appropriated or made available after Sept. 30,

1991, and, with certain exceptions, not applicable to funds

appropriated or made available on or before Sept. 30, 1991, see

section 1100 of Pub. L. 102-240, set out as an Effective Date of

1991 Amendment note under section 104 of this title.

DIVISION OF STP FUNDS FOR AREAS OF LESS THAN 5,000 POPULATION

Pub. L. 105-178, title I, Sec. 1108(f), June 9, 1998, 112 Stat.

141, provided that:

"(1) Special rule. - Notwithstanding section 133(c) of title 23,

United States Code, and except as provided in paragraph (2), up to

15 percent of the amounts required to be obligated under section

133(d)(3)(B) of such title for each of fiscal years 1998 through

2003 may be obligated on roads functionally classified as minor

collectors.

"(2) Suspension. - The Secretary may suspend the application of

paragraph (1) if the Secretary determines that paragraph (1) is

being used excessively."

ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS

Pub. L. 105-178, title I, Sec. 1108(g), June 9, 1998, 112 Stat.

141, provided that: "The Secretary shall encourage the States to

enter into contracts and cooperative agreements with qualified

youth conservation or service corps to perform appropriate

transportation enhancement activities under chapter 1 of title 23,

United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 104, 105, 106, 126,

149, 157, 160, 322 of this title.

-FOOTNOTE-

(!1) So in original. No par. (12) has been enacted.

(!2) So in original. Probably should be "to be".

(!3) So in original. Probably should be followed by a period.

-End-

-CITE-

23 USC Sec. 134 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 134. Metropolitan planning

-STATUTE-

(a) General Requirements. -

(1) Findings. - It is in the national interest to encourage and

promote the safe and efficient management, operation, and

development of surface transportation systems that will serve the

mobility needs of people and freight and foster economic growth

and development within and through urbanized areas, while

minimizing transportation-related fuel consumption and air

pollution.

(2) Development of plans and programs. - To accomplish the

objective stated in paragraph (1), metropolitan planning

organizations designated under subsection (b), in cooperation

with the State and public transit operators, shall develop

transportation plans and programs for urbanized areas of the

State.

(3) Contents. - The plans and programs for each metropolitan

area shall provide for the development and integrated management

and operation of transportation systems and facilities (including

pedestrian walkways and bicycle transportation facilities) that

will function as an intermodal transportation system for the

metropolitan area and as an integral part of an intermodal

transportation system for the State and the United States.

(4) Process of development. - The process for developing the

plans and programs shall provide for consideration of all modes

of transportation and shall be continuing, cooperative, and

comprehensive to the degree appropriate, based on the complexity

of the transportation problems to be addressed.

(b) Designation of Metropolitan Planning Organizations. -

(1) In general. - To carry out the transportation planning

process required by this section, a metropolitan planning

organization shall be designated for each urbanized area with a

population of more than 50,000 individuals -

(A) by agreement between the Governor and units of general

purpose local government that together represent at least 75

percent of the affected population (including the central city

or cities as defined by the Bureau of the Census); or

(B) in accordance with procedures established by applicable

State or local law.

(2) Structure. - Each policy board of a metropolitan planning

organization that serves an area designated as a transportation

management area, when designated or redesignated under this

subsection, shall consist of -

(A) local elected officials;

(B) officials of public agencies that administer or operate

major modes of transportation in the metropolitan area

(including all transportation agencies included in the

metropolitan planning organization as of June 1, 1991); and

(C) appropriate State officials.

(3) Limitation on statutory construction. - Nothing in this

subsection shall be construed to interfere with the authority,

under any State law in effect on the date of the enactment of

this section, of a public agency with multimodal transportation

responsibilities to -

(A) develop plans and programs for adoption by a metropolitan

planning organization; and

(B) develop long-range capital plans, coordinate transit

services and projects, and carry out other activities pursuant

to State law.

(4) Continuing designation. - A designation of a metropolitan

planning organization under this subsection or any other

provision of law shall remain in effect until the metropolitan

planning organization is redesignated under paragraph (5).

(5) Redesignation. -

(A) Procedures. - A metropolitan planning organization may be

redesignated by agreement between the Governor and units of

general purpose local government that together represent at

least 75 percent of the affected population (including the

central city or cities as defined by the Bureau of the Census)

as appropriate to carry out this section.

(B) Certain requests to redesignate. - A metropolitan

planning organization shall be redesignated upon request of a

unit or units of general purpose local government representing

at least 25 percent of the affected population (including the

central city or cities as defined by the Bureau of the Census)

in any urbanized area (i) whose population is more than

5,000,000 but less than 10,000,000, or (ii) which is an extreme

nonattainment area for ozone or carbon monoxide as defined

under the Clean Air Act. Such redesignation shall be

accomplished using procedures established by subparagraph (A).

(6) Designation of more than 1 metropolitan planning

organization. - More than 1 metropolitan planning organization

may be designated within an existing metropolitan planning area

only if the Governor and the existing metropolitan planning

organization determine that the size and complexity of the

existing metropolitan planning area make designation of more than

1 metropolitan planning organization for the area appropriate.

(c) Metropolitan Planning Area Boundaries. -

(1) In general. - For the purposes of this section, the

boundaries of a metropolitan planning area shall be determined by

agreement between the metropolitan planning organization and the

Governor.

(2) Included area. - Each metropolitan planning area -

(A) shall encompass at least the existing urbanized area and

the contiguous area expected to become urbanized within a

20-year forecast period; and

(B) may encompass the entire metropolitan statistical area or

consolidated metropolitan statistical area, as defined by the

Bureau of the Census.

(3) Existing metropolitan planning areas in nonattainment. -

Notwithstanding paragraph (2), in the case of an urbanized area

designated as a nonattainment area for ozone or carbon monoxide

under the Clean Air Act (42 U.S.C. 7401 et seq.), the boundaries

of the metropolitan planning area in existence as of the date of

enactment of this paragraph shall be retained, except that the

boundaries may be adjusted by agreement of the Governor and

affected metropolitan planning organizations in the manner

described in subsection (b)(5).

(4) New metropolitan planning areas in nonattainment. - In the

case of an urbanized area designated after the date of enactment

of this paragraph as a nonattainment area for ozone or carbon

monoxide, the boundaries of the metropolitan planning area -

(A) shall be established in the manner described in

subsection (b)(1);

(B) shall encompass the areas described in paragraph (2)(A);

(C) may encompass the areas described in paragraph (2)(B);

and

(D) may address any nonattainment area identified under the

Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon

monoxide.

(d) Coordination in Multistate Areas. -

(1) In general. - The Secretary shall encourage each Governor

with responsibility for a portion of a multistate metropolitan

area and the appropriate metropolitan planning organizations to

provide coordinated transportation planning for the entire

metropolitan area.

(2) Interstate compacts. - The consent of Congress is granted

to any 2 or more States -

(A) to enter into agreements or compacts, not in conflict

with any law of the United States, for cooperative efforts and

mutual assistance in support of activities authorized under

this section as the activities pertain to interstate areas and

localities within the States; and

(B) to establish such agencies, joint or otherwise, as the

States may determine desirable for making the agreements and

compacts effective.

(3) Lake tahoe region. -

(A) Definition. - In this paragraph, the term "Lake Tahoe

region" has the meaning given the term "region" in subdivision

(a) of article II of the Tahoe Regional Planning Compact, as

set forth in the first section of Public Law 96-551 (94 Stat.

3234).

(B) Transportation planning process. - The Secretary shall -

(i) establish with the Federal land management agencies

that have jurisdiction over land in the Lake Tahoe region a

transportation planning process for the region; and

(ii) coordinate the transportation planning process with

the planning process required of State and local governments

under this section, section 135, and chapter 53 of title 49.

(C) Interstate compact. -

(i) In general. - Subject to clause (ii), notwithstanding

subsection (b), to carry out the transportation planning

process required by this section, the consent of Congress is

granted to the States of California and Nevada to designate a

metropolitan planning organization for the Lake Tahoe region,

by agreement between the Governors of the States of

California and Nevada and units of general purpose local

government that together represent at least 75 percent of the

affected population (including the central city or cities (as

defined by the Bureau of the Census)), or in accordance with

procedures established by applicable State or local law.

(ii) Involvement of federal land management agencies. -

(I) Representation. - The policy board of a metropolitan

planning organization designated under clause (i) shall

include a representative of each Federal land management

agency that has jurisdiction over land in the Lake Tahoe

region.

(II) Funding. - In addition to funds made available to

the metropolitan planning organization under other

provisions of this title and under chapter 53 of title 49,

not more than 1 percent of the funds allocated under

section 202 may be used to carry out the transportation

planning process for the Lake Tahoe region under this

subparagraph.

(D) Activities. - Highway projects included in transportation

plans developed under this paragraph -

(i) shall be selected for funding in a manner that

facilitates the participation of the Federal land management

agencies that have jurisdiction over land in the Lake Tahoe

region; and

(ii) may, in accordance with chapter 2, be funded using

funds allocated under section 202.

(4) Recipients of other assistance. - The Secretary shall

encourage each metropolitan planning organization to coordinate,

to the maximum extent practicable, the design and delivery of

transportation services within the metropolitan planning area

that are provided -

(A) by recipients of assistance under chapter 53 of title 49;

and

(B) by governmental agencies and nonprofit organizations

(including representatives of the agencies and organizations)

that receive Federal assistance from a source other than the

Department of Transportation to provide nonemergency

transportation services.

(e) Coordination of MPOs. -

(1) Nonattainment areas. - If more than 1 metropolitan planning

organization has authority within a metropolitan area or an area

which is designated as a nonattainment area for ozone or carbon

monoxide under the Clean Air Act, each metropolitan planning

organization shall consult with the other metropolitan planning

organizations designated for such area and the State in the

coordination of plans and programs required by this section.

(2) Project located in multiple mpos. - If a project is located

within the boundaries of more than 1 metropolitan planning

organization, the metropolitan planning organizations shall

coordinate plans regarding the project.

(f) Scope of Planning Process. -

(1) In general. - The metropolitan transportation planning

process for a metropolitan area under this section shall provide

for consideration of projects and strategies that will -

(A) support the economic vitality of the metropolitan area,

especially by enabling global competitiveness, productivity,

and efficiency;

(B) increase the safety and security of the transportation

system for motorized and nonmotorized users;

(C) increase the accessibility and mobility options available

to people and for freight;

(D) protect and enhance the environment, promote energy

conservation, and improve quality of life;

(E) enhance the integration and connectivity of the

transportation system, across and between modes, for people and

freight;

(F) promote efficient system management and operation; and

(G) emphasize the preservation of the existing transportation

system.

(2) Failure to consider factors. - The failure to consider any

factor specified in paragraph (1) shall not be reviewable by any

court under this title, subchapter II of chapter 5 of title 5, or

chapter 7 of title 5 in any matter affecting a transportation

plan, a transportation improvement plan, a project or strategy,

or the certification of a planning process.

(g) Development of Long-Range Transportation Plan. -

(1) In general. - Each metropolitan planning organization shall

prepare, and update periodically, according to a schedule that

the Secretary determines to be appropriate, a long-range

transportation plan for its metropolitan area in accordance with

the requirements of this subsection.

(2) Long-range transportation plan. - A long-range

transportation plan under this section shall be in a form that

the Secretary determines to be appropriate and shall contain, at

a minimum, the following:

(A) An identification of transportation facilities (including

but not necessarily limited to major roadways, transit, and

multimodal and intermodal facilities) that should function as

an integrated metropolitan transportation system, giving

emphasis to those facilities that serve important national and

regional transportation functions. In formulating the

long-range transportation plan, the metropolitan planning

organization shall consider factors described in subsection (f)

as such factors relate to a 20-year forecast period.

(B) A financial plan that demonstrates how the adopted

long-range transportation plan can be implemented, indicates

resources from public and private sources that are reasonably

expected to be made available to carry out the plan, and

recommends any additional financing strategies for needed

projects and programs. The financial plan may include, for

illustrative purposes, additional projects that would be

included in the adopted long-range transportation plan if

reasonable additional resources beyond those identified in the

financial plan were available. For the purpose of developing

the long-range transportation plan, the metropolitan planning

organization and State shall cooperatively develop estimates of

funds that will be available to support plan implementation.

(C) Assess capital investment and other measures necessary to

-

(i) ensure the preservation of the existing metropolitan

transportation system, including requirements for operational

improvements, resurfacing, restoration, and rehabilitation of

existing and future major roadways, as well as operations,

maintenance, modernization, and rehabilitation of existing

and future transit facilities; and

(ii) make the most efficient use of existing transportation

facilities to relieve vehicular congestion and maximize the

mobility of people and goods.

(D) Indicate as appropriate proposed transportation

enhancement activities.

(3) Coordination with clean air act agencies. - In metropolitan

areas which are in nonattainment for ozone or carbon monoxide

under the Clean Air Act, the metropolitan planning organization

shall coordinate the development of a long-range transportation

plan with the process for development of the transportation

control measures of the State implementation plan required by the

Clean Air Act.

(4) Participation by interested parties. - Before approving a

long-range transportation plan, each metropolitan planning

organization shall provide citizens, affected public agencies,

representatives of transportation agency employees, freight

shippers, providers of freight transportation services, private

providers of transportation, representatives of users of public

transit, and other interested parties with a reasonable

opportunity to comment on the long-range transportation plan, in

a manner that the Secretary deems appropriate.

(5) Publication of long-range transportation plan. - Each

long-range transportation plan prepared by a metropolitan

planning organization shall be -

(i) published or otherwise made readily available for public

review; and

(ii) submitted for information purposes to the Governor at

such times and in such manner as the Secretary shall establish.

(6) Selection of projects from illustrative list. -

Notwithstanding paragraph (2)(B), a State or metropolitan

planning organization shall not be required to select any project

from the illustrative list of additional projects included in the

financial plan under paragraph (2)(B).

(h) Metropolitan Transportation Improvement Program. -

(1) Development. -

(A) In general. - In cooperation with the State and any

affected public transit operator, the metropolitan planning

organization designated for a metropolitan area shall develop a

transportation improvement program for the area for which the

organization is designated.

(B) Opportunity for comment. - In developing the program, the

metropolitan planning organization, in cooperation with the

State and any affected public transit operator, shall provide

citizens, affected public agencies, representatives of

transportation agency employees, freight shippers, providers of

freight transportation services, private providers of

transportation, representatives of users of public transit, and

other interested parties with a reasonable opportunity to

comment on the proposed program.

(C) Funding estimates. - For the purpose of developing the

transportation improvement program, the metropolitan planning

organization, public transit agency, and State shall

cooperatively develop estimates of funds that are reasonably

expected to be available to support program implementation.

(D) Updating and approval. - The program shall be updated at

least once every 2 years and shall be approved by the

metropolitan planning organization and the Governor.

(2) Contents. - The transportation improvement program shall

include -

(A) a priority list of proposed federally supported projects

and strategies to be carried out within each 3-year period

after the initial adoption of the transportation improvement

program; and

(B) a financial plan that -

(i) demonstrates how the transportation improvement program

can be implemented;

(ii) indicates resources from public and private sources

that are reasonably expected to be available to carry out the

program;

(iii) identifies innovative financing techniques to finance

projects, programs, and strategies; and

(iv) may include, for illustrative purposes, additional

projects that would be included in the approved

transportation improvement program if reasonable additional

resources beyond those identified in the financial plan were

available.

(3) Included projects. -

(A) Projects under this chapter and chapter 53 of title 49. -

A transportation improvement program developed under this

subsection for a metropolitan area shall include the projects

and strategies within the area that are proposed for funding

under this chapter and chapter 53 of title 49.

(B) Projects under chapter 2. -

(i) Regionally significant projects. - Regionally

significant projects proposed for funding under chapter 2

shall be identified individually in the transportation

improvement program.

(ii) Other projects. - Projects proposed for funding under

chapter 2 that are not determined to be regionally

significant shall be grouped in 1 line item or identified

individually in the transportation improvement program.

(C) Consistency with long-range transportation plan. - Each

project shall be consistent with the long-range transportation

plan developed under subsection (g) for the area.

(D) Requirement of anticipated full funding. - The program

shall include a project, or an identified phase of a project,

only if full funding can reasonably be anticipated to be

available for the project within the time period contemplated

for completion of the project.

(4) Notice and comment. - Before approving a transportation

improvement program, a metropolitan planning organization shall,

in cooperation with the State and any affected public transit

operator, provide citizens, affected public agencies,

representatives of transportation agency employees, freight

shippers, providers of freight transportation services, private

providers of transportation, representatives of users of public

transit, and other interested parties with reasonable notice of

and an opportunity to comment on the proposed program.

(5) Selection of projects. -

(A) In general. - Except as otherwise provided in subsection

(i)(4) and in addition to the transportation improvement

program development required under paragraph (1), the selection

of federally funded projects in metropolitan areas shall be

carried out, from the approved transportation improvement

program -

(i) by -

(I) in the case of projects under this chapter, the

State; and

(II) in the case of projects under chapter 53 of title

49, the designated transit funding recipients; and

(ii) in cooperation with the metropolitan planning

organization.

(B) Modifications to project priority. - Notwithstanding any

other provision of law, action by the Secretary shall not be

required to advance a project included in the approved

transportation improvement program in place of another project

in the program.

(6) Selection of projects from illustrative list. -

(A) No required selection. - Notwithstanding paragraph

(2)(B)(iv), a State or metropolitan planning organization shall

not be required to select any project from the illustrative

list of additional projects included in the financial plan

under paragraph (2)(B)(iv).

(B) Required action by the secretary. - Action by the

Secretary shall be required for a State or metropolitan

planning organization to select any project from the

illustrative list of additional projects included in the

financial plan under paragraph (2)(B)(iv) for inclusion in an

approved transportation improvement program.

(7) Publication. -

(A) Publication of transportation improvement programs. - A

transportation improvement program involving Government

participation shall be published or otherwise made readily

available by the metropolitan planning organization for public

review.

(B) Publication of annual listings of projects. - An annual

listing of projects for which Federal funds have been obligated

in the preceding year shall be published or otherwise made

available by the metropolitan planning organization for public

review. The listing shall be consistent with the categories

identified in the transportation improvement program.

(i) Transportation Management Areas. -

(1) Designation. -

(A) Required designations. - The Secretary shall designate as

a transportation management area each urbanized area with a

population of over 200,000 individuals.

(B) Designations on request. - The Secretary shall designate

any additional area as a transportation management area on the

request of the Governor and the metropolitan planning

organization designated for the area.

(2) Transportation plans and programs. - Within a

transportation management area, transportation plans and programs

shall be based on a continuing and comprehensive transportation

planning process carried out by the metropolitan planning

organization in cooperation with the State and transit operators.

(3) Congestion management system. - Within a transportation

management area, the transportation planning process under this

section shall include a congestion management system that

provides for effective management of new and existing

transportation facilities eligible for funding under this title

and chapter 53 of title 49 through the use of travel demand

reduction and operational management strategies. The Secretary

shall establish an appropriate phase-in schedule for compliance

with the requirements of this section.

(4) Selection of projects. -

(A) In general. - All federally funded projects carried out

within the boundaries of a transportation management area under

this title (excluding projects carried out on the National

Highway System and projects carried out under the bridge

program or the Interstate maintenance program) or under chapter

53 of title 49 shall be selected for implementation from the

approved transportation improvement program by the metropolitan

planning organization designated for the area in consultation

with the State and any affected public transit operator.

(B) National highway system projects. - Projects carried out

within the boundaries of a transportation management area on

the National Highway System and projects carried out within

such boundaries under the bridge program or the Interstate

maintenance program shall be selected for implementation from

the approved transportation improvement program by the State in

cooperation with the metropolitan planning organization

designated for the area.

(5) Certification. -

(A) In general. - The Secretary shall -

(i) ensure that the metropolitan planning process in each

transportation management area is being carried out in

accordance with applicable provisions of Federal law; and

(ii) subject to subparagraph (B), certify, not less often

than once every 3 years, that the requirements of this

paragraph are met with respect to the transportation

management area.

(B) Requirements for certification. - The Secretary may make

the certification under subparagraph (A) if -

(i) the transportation planning process complies with the

requirements of this section and other applicable

requirements of Federal law; and

(ii) there is a transportation improvement program for the

area that has been approved by the metropolitan planning

organization and the Governor.

(C) Effect of failure to certify. -

(i) Withholding of funds. - If a metropolitan planning

process is not certified, the Secretary may withhold up to 20

percent of the apportioned funds attributable to the

transportation management area under this title and chapter

53 of title 49.

(ii) Restoration of withheld funds. - The withheld

apportionments shall be restored to the metropolitan area at

such time as the metropolitan planning organization is

certified by the Secretary.

(iii) Feasibility of private enterprise participation. -

The Secretary shall not withhold certification under this

paragraph based on the policies and criteria established by a

metropolitan planning organization or transit grant recipient

for determining the feasibility of private enterprise

participation in accordance with section 5306(a) of title 49.

(D) Review of certification. - In making certification

determinations under this paragraph, the Secretary shall

provide for public involvement appropriate to the metropolitan

area under review.

(j) Abbreviated Plans and Programs for Certain Areas. -

(1) In general. - Subject to paragraph (2), in the case of a

metropolitan area not designated as a transportation management

area under this section, the Secretary may provide for the

development of an abbreviated long-range transportation plan and

transportation improvement program for the metropolitan area that

the Secretary determines is appropriate to achieve the purposes

of this section, taking into account the complexity of

transportation problems in the area.

(2) Nonattainment areas. - The Secretary may not permit

abbreviated plans or programs for a metropolitan area that is in

nonattainment for ozone or carbon monoxide under the Clean Air

Act (42 U.S.C. 7401 et seq.).

(k) Transfer of Funds. - Funds made available for a highway

project under chapter 53 of title 49 shall be transferred to and

administered by the Secretary in accordance with the requirements

of this title. Funds made available for a transit project under the

Federal-Aid Highway Act of 1991 shall be transferred to and

administered by the Secretary in accordance with the requirements

of chapter 53 of title 49. The provisions of title 23, United

States Code, regarding the non-Federal share shall apply to title

23 funds used for transit projects and the provisions of chapter 53

of title 49 regarding non-Federal share shall apply to chapter 53

funds used for highway projects.

(l) Additional Requirements for Certain Nonattainment Areas. -

(1) In general. - Notwithstanding any other provisions of this

title or chapter 53 of title 49, for transportation management

areas classified as nonattainment for ozone or carbon monoxide

pursuant to the Clean Air Act, Federal funds may not be

programmed in such area for any highway project that will result

in a significant increase in carrying capacity for

single-occupant vehicles unless the project is part of an

approved congestion management system.

(2) Applicability. - This subsection applies to a nonattainment

area within the metropolitan planning area boundaries determined

under subsection (c).

(m) Limitation on Statutory Construction. - Nothing in this

section shall be construed to confer on a metropolitan planning

organization the authority to impose legal requirements on any

transportation facility, provider, or project not eligible under

this title or chapter 53 of title 49.

(n) Funding. -

(1) In general. - Funds set aside under section 104(f) of this

title to carry out sections 5303 through 5305 of title 49 shall

be available to carry out this section.

(2) Unused funds. - Any funds that are not used to carry out

this section may be made available by the metropolitan planning

organization to the State to fund activities under section 135.

(o) Continuation of Current Review Practice. - Since plans and

programs described in this section are subject to a reasonable

opportunity for public comment, since individual projects included

in the plans and programs are subject to review under the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and

since decisions by the Secretary concerning plans and programs

described in this section have not been reviewed under such Act as

of January 1, 1997, any decision by the Secretary concerning a plan

or program described in this section shall not be considered to be

a Federal action subject to review under the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.).

-SOURCE-

(Added Pub. L. 87-866, Sec. 9(a), Oct. 23, 1962, 76 Stat. 1148;

amended Pub. L. 91-605, title I, Sec. 143, Dec. 31, 1970, 84 Stat.

1737; Pub. L. 95-599, title I, Sec. 169, Nov. 6, 1978, 92 Stat.

2723; Pub. L. 102-240, title I, Sec. 1024(a), Dec. 18, 1991, 105

Stat. 1955; Pub. L. 102-388, title V, Sec. 502(b), Oct. 6, 1992,

106 Stat. 1566; Pub. L. 103-429, Sec. 3(5), Oct. 31, 1994, 108

Stat. 4377; Pub. L. 104-59, title III, Sec. 317, Nov. 28, 1995, 109

Stat. 588; Pub. L. 105-178, title I, Sec. 1203(a)-(m), (o), June 9,

1998, 112 Stat. 170-179; Pub. L. 105-206, title IX, Sec. 9003(c),

July 22, 1998, 112 Stat. 839.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(b)(3), probably means the date of enactment of Pub. L. 102-240,

which amended this section generally and which was approved Dec.

18, 1991.

The Clean Air Act, referred to in subsecs. (b)(5)(B), (c)(3),

(4)(D), (e)(1), (g)(3), (j)(2), and (l)(1), is act July 14, 1955,

ch. 360, 69 Stat. 322, as amended, which is classified generally to

chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 7401 of Title 42 and Tables.

The date of enactment of this paragraph, referred to in subsec.

(c)(3), (4), is the date of enactment of Pub. L. 105-178, which was

approved June 9, 1998.

Public Law 96-551, referred to in subsec. (d)(3)(A), is Pub. L.

96-551, Dec. 19, 1980, 94 Stat. 3233, which is not classified to

the Code.

The Federal-Aid Highway Act of 1991, referred to in subsec. (k),

was not enacted into law. However, provisions referred to as the

Federal-Aid Highway Act of 1991 were contained in several bills and

are similar to those appearing in part A of title I of Pub. L.

102-240, Dec. 18, 1991, 105 Stat. 1914, which Act is known as the

Intermodal Surface Transportation Efficiency Act of 1991. For

classification of that Act to the Code, see Short Title of 1991

Amendment note set out under section 101 of Title 49,

Transportation, and Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (o), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1203(a), reenacted

heading without change and amended text of subsec. (a) generally.

Prior to amendment, text read as follows: "It is in the national

interest to encourage and promote the development of transportation

systems embracing various modes of transportation in a manner which

will efficiently maximize mobility of people and goods within and

through urbanized areas and minimize transportation-related fuel

consumption and air pollution. To accomplish this objective,

metropolitan planning organizations, in cooperation with the State,

shall develop transportation plans and programs for urbanized areas

of the State. Such plans and programs shall provide for the

development of transportation facilities (including pedestrian

walkways and bicycle transportation facilities) which will function

as an intermodal transportation system for the State, the

metropolitan areas, and the Nation. The process for developing such

plans and programs shall provide for consideration of all modes of

transportation and shall be continuing, cooperative, and

comprehensive to the degree appropriate, based on the complexity of

the transportation problems."

Subsec. (b)(1), (2). Pub. L. 105-178, Sec. 1203(b)(1), added

pars. (1) and (2) and struck out former pars. (1) and (2) which

read as follows:

"(1) In general. - To carry out the transportation planning

process required by this section, a metropolitan planning

organization shall be designated for each urbanized area of more

than 50,000 population by agreement among the Governor and units of

general purpose local government which together represent at least

75 percent of the affected population (including the central city

or cities as defined by the Bureau of the Census) or in accordance

with procedures established by applicable State or local law.

"(2) Membership of certain mpo's. - In a metropolitan area

designated as a transportation management area, the metropolitan

planning organization designated for such area shall include local

elected officials, officials of agencies which administer or

operate major modes of transportation in the metropolitan area

(including all transportation agencies included in the metropolitan

planning organization on June 1, 1991) and appropriate State

officials. This paragraph shall only apply to a metropolitan

planning organization which is redesignated after the date of the

enactment of this section."

Subsec. (b)(4). Pub. L. 105-178, Sec. 1203(b)(2), reenacted

heading without change and amended text of par. (4) generally.

Prior to amendment, text read as follows: "Designations of

metropolitan planning organizations, whether made under this

section or other provisions of law, shall remain in effect until

redesignated under paragraph (5) or revoked by agreement among the

Governor and units of general purpose local government which

together represent at least 75 percent of the affected population

or as otherwise provided under State or local procedures."

Subsec. (b)(5)(A). Pub. L. 105-178, Sec. 1203(b)(3), substituted

"agreement between the Governor" for "agreement among the Governor"

and "government that together represent" for "government which

together represent".

Subsec. (b)(6). Pub. L. 105-178, Sec. 1203(b)(4), amended heading

and text of par. (6) generally. Prior to amendment, text read as

follows: "More than 1 metropolitan planning organization may be

designated within an urbanized area as defined by the Bureau of the

Census only if the Governor determines that the size and complexity

of the urbanized area make designation of more than 1 metropolitan

planning organization for such area appropriate."

Subsec. (c). Pub. L. 105-178, Sec. 1203(c), inserted "Planning"

before "Area" in subsec. heading, designated first sentence as par.

(1), inserted par. heading, and inserted "planning" before "area",

added pars. (2) to (4), realigned margins, and struck out at end

"Each metropolitan area shall cover at least the existing urbanized

area and the contiguous area expected to become urbanized within

the 20-year forecast period and may encompass the entire

metropolitan statistical area or consolidated metropolitan

statistical area, as defined by the Bureau of the Census. For areas

designated as nonattainment areas for ozone or carbon monoxide

under the Clean Air Act, the boundaries of the metropolitan area

shall at least include the boundaries of the nonattainment area,

except as otherwise provided by agreement between the metropolitan

planning organization and the Governor."

Subsec. (d). Pub. L. 105-178, Sec. 1203(d), reenacted heading

without change and amended text of subsec. (d) generally. Prior to

amendment, text read as follows:

"(1) In general. - The Secretary shall establish such

requirements as the Secretary considers appropriate to encourage

Governors and metropolitan planning organizations with

responsibility for a portion of a multi-State metropolitan area to

provide coordinated transportation planning for the entire

metropolitan area.

"(2) Compacts. - The consent of Congress is hereby given to any 2

or more States to enter into agreements or compacts, not in

conflict with any law of the United States, for cooperative efforts

and mutual assistance in support of activities authorized under

this section as such activities pertain to interstate areas and

localities within such States and to establish such agencies, joint

or otherwise, as such States may deem desirable for making such

agreements and compacts effective."

Subsec. (e). Pub. L. 105-178, Sec. 1203(e), substituted "MPOs"

for "MPO's" in subsec. heading, designated existing provisions as

par. (1) and inserted par. heading, added par. (2), and realigned

margins.

Subsec. (f). Pub. L. 105-178, Sec. 1203(f), amended heading and

text of subsec. (f) generally, substituting provisions relating to

scope of planning process for provisions relating to factors to be

considered in developing transportation plans and programs.

Subsec. (g). Pub. L. 105-178, Sec. 1203(g)(6), substituted

"Long-Range Transportation Plan" for "Long Range Plan" in heading.

Subsec. (g)(1). Pub. L. 105-178, Sec. 1203(g)(8), substituted

"long-range transportation plan" for "long range plan".

Subsec. (g)(2). Pub. L. 105-178, Sec. 1203(g)(1), (7), (8),

substituted "Long-range transportation plan" for "Long range plan"

in heading and substituted "long-range transportation plan" for

"long range plan" and "contain, at a minimum, the following" for ",

at a minimum" in introductory provisions.

Subsec. (g)(2)(A). Pub. L. 105-178, Sec. 1203(g)(2), (8),

substituted "An identification of" for "Identify" and "long-range

transportation plan" for "long range plan".

Subsec. (g)(2)(B). Pub. L. 105-178, Sec. 1203(g)(3), added

subpar. (B) and struck out former subpar. (B) which read as

follows: "Include a financial plan that demonstrates how the

long-range plan can be implemented, indicates resources from public

and private sources that are reasonably expected to be made

available to carry out the plan, and recommends any innovative

financing techniques to finance needed projects and programs,

including such techniques as value capture, tolls and congestion

pricing."

Subsec. (g)(3). Pub. L. 105-178, Sec. 1203(g)(8), substituted

"long-range transportation plan" for "long range plan".

Subsec. (g)(4). Pub. L. 105-178, Sec. 1203(g)(4), (8),

substituted "long-range transportation plan" for "long range plan"

in two places and inserted "freight shippers, providers of freight

transportation services," after "transportation agency employees,"

and "representatives of users of public transit," after "private

providers of transportation,".

Subsec. (g)(5). Pub. L. 105-178, Sec. 1203(g)(7), (8),

substituted "long-range transportation plan" for "long range plan"

in heading and in introductory provisions.

Subsec. (g)(6). Pub. L. 105-178, Sec. 1203(g)(5), added par. (6).

Subsec. (h). Pub. L. 105-178, Sec. 1203(h), amended heading and

text of subsec. (h) generally. Prior to amendment, text related to

transportation improvement program, providing for development of

program, priority and selection of projects, major capital

investments, requirement of inclusion of projects within area

proposed for funding, and provision of reasonable notice and

opportunity to comment for interested citizens.

Subsec. (h)(5)(A). Pub. L. 105-178, Sec. 1203(o), as added by

Pub. L. 105-206, Sec. 9003(c), struck out "for implementation"

after "federally funded projects" in introductory provisions.

Subsec. (i)(1). Pub. L. 105-178, Sec. 1203(i)(1), reenacted

heading without change and amended text of par. (1) generally.

Prior to amendment, text read as follows: "The Secretary shall

designate as transportation management areas all urbanized areas

over 200,000 population. The Secretary shall designate any

additional area as a transportation management area upon the

request of the Governor and the metropolitan planning organization

designated for such area or the affected local officials. Such

additional areas shall include upon such a request the Lake Tahoe

Basin as defined by Public Law 96-551."

Subsec. (i)(4). Pub. L. 105-178, Sec. 1203(i)(2), reenacted

heading without change and amended text of par. (4) generally.

Prior to amendment, text read as follows: "All projects carried out

within the boundaries of a transportation management area with

Federal participation pursuant to this title (excluding projects

undertaken on the National Highway System and pursuant to the

bridge and Interstate maintenance programs) or pursuant to chapter

53 of title 49 shall be selected by the metropolitan planning

organization designated for such area in consultation with the

State and in conformance with the transportation improvement

program for such area and priorities established therein. Projects

undertaken within the boundaries of a transportation management

area on the National Highway System or pursuant to the bridge and

Interstate maintenance programs shall be selected by the State in

cooperation with the metropolitan planning organization designated

for such area and shall be in conformance with the transportation

improvement program for such area."

Subsec. (i)(5). Pub. L. 105-178, Sec. 1203(i)(3), reenacted

heading without change and amended text of par. (5) generally.

Prior to amendment, text read as follows: "The Secretary shall

assure that each metropolitan planning organization in each

transportation management area is carrying out its responsibilities

under applicable provisions of Federal law, and shall so certify at

least once every 3 years. The Secretary may make such certification

only if (1) a metropolitan planning organization is complying with

the requirements of this section and other applicable requirements

of Federal law, and (2) there is a transportation improvement

program for the area that has been approved by the metropolitan

planning organization and the Governor. If after September 30,

1993, a metropolitan planning organization is not certified by the

Secretary, the Secretary may withhold, in whole or in part, the

apportionment under section 104(b)(3) attributed to the relevant

metropolitan area pursuant to section 133(d)(3) and capital funds

apportioned under the formula program under section 5336 of title

49. If a metropolitan planning organization remains uncertified for

more than 2 consecutive years after September 30, 1994, 20 percent

of the apportionment attributed to that metropolitan area under

section 133(d)(3) and capital funds apportioned under the formula

program under section 5336 of title 49 shall be withheld. The

withheld apportionments shall be restored to the metropolitan area

at such time as the metropolitan planning organization is certified

by the Secretary. The Secretary shall not withhold certification

under this section based upon the policies and criteria established

by a metropolitan planning organization or transit grant recipient

for determining the feasibility of private enterprise participation

in accordance with section 5306(a) of title 49."

Subsec. (j). Pub. L. 105-178, Sec. 1203(j), reenacted heading

without change and amended text of subsec. (j) generally. Prior to

amendment, text read as follows: "For metropolitan areas not

designated as transportation management areas under this section,

the Secretary may provide for the development of abbreviated

metropolitan transportation plans and programs that the Secretary

determines to be appropriate to achieve the purposes of this

section, taking into account the complexity of transportation

problems, including transportation related air quality problems, in

such areas. In no event shall the Secretary provide abbreviated

plans or programs for metropolitan areas which are in nonattainment

for ozone or carbon monoxide under the Clean Air Act."

Subsec. (l). Pub. L. 105-178, Sec. 1203(k), designated existing

provisions as par. (1), inserted heading, and added par. (2).

Subsec. (n). Pub. L. 105-178, Sec. 1203(l), amended heading and

text of subsec. (n) generally. Prior to amendment, text read as

follows: "Any funds set aside pursuant to section 104(f) of this

title that are not used for the purpose of carrying out this

section may be made available by the metropolitan planning

organization to the State for the purpose of funding activities

under section 135."

Subsec. (o). Pub. L. 105-178, Sec. 1203(m), added subsec. (o).

1995 - Subsec. (f)(16). Pub. L. 104-59 added par. (16).

1994 - Subsecs. (h)(5), (i)(3), (4). Pub. L. 103-429, Sec.

3(5)(A), substituted "chapter 53 of title 49" for "the Federal

Transit Act".

Subsec. (i)(5). Pub. L. 103-429, Sec. 3(5)(B), substituted

"section 5336 of title 49" for "section 9 of the Federal Transit

Act" in two places and "section 5306(a) of title 49" for "section

8(o) of the Federal Transit Act".

Subsec. (k). Pub. L. 103-429, Sec. 3(5)(C), (D), substituted

"chapter 53 of title 49" for "the Federal Transit Act" wherever

appearing and "chapter 53 funds" for "Federal Transit Act funds".

Subsecs. (l), (m). Pub. L. 103-429, Sec. 3(5)(C), substituted

"chapter 53 of title 49" for "the Federal Transit Act".

1992 - Subsec. (k). Pub. L. 102-388 inserted at end "The

provisions of title 23, United States Code, regarding the

non-Federal share shall apply to title 23 funds used for transit

projects and the provisions of the Federal Transit Act regarding

non-Federal share shall apply to Federal Transit Act funds used for

highway projects."

1991 - Pub. L. 102-240 substituted section catchline for one

which read: "Transportation planning in certain urban areas" and

amended text generally, substituting present provisions for

provisions relating to transportation planning in certain urban

areas, including provisions stating transportation objectives,

requiring continuing comprehensive planning process by States and

local communities, and relating to redesignation of metropolitan

planning organizations, designation of contiguous interstate areas

as critical transportation regions and corridors, establishment of

planning bodies for such regions and corridors, and authorization

of appropriations.

1978 - Subsec. (a). Pub. L. 95-599, Sec. 169(a), inserted

provisions related to cooperation with local officials and specific

considerations in the planning process.

Subsecs. (b), (c). Pub. L. 95-599, Sec. 169(b), added subsec. (b)

and redesignated former subsec. (b) as (c).

1970 - Pub. L. 91-605 designated existing provisions as subsec.

(a), inserted provision prohibiting a highway construction project

in any urban area of 50,000 or more population unless responsible

public officials of such area have been consulted and their views

considered with respect to the corridor, the location, and the

design of the project, and added subsec. (b).

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and

applicable to funds authorized to be appropriated or made available

after Sept. 30, 1991, and, with certain exceptions, not applicable

to funds appropriated or made available on or before Sept. 30,

1991, see section 1100 of Pub. L. 102-240, set out as a note under

section 104 of this title.

DEMONSTRATION PROJECT FOR RESTRICTED ACCESS TO CENTRAL BUSINESS

DISTRICT OF METROPOLITAN AREAS

Section 155 of Pub. L. 95-599 authorized Secretary of

Transportation to carry out a demonstration project in a

metropolitan area respecting the restriction of access of motor

vehicles to the central business district during peak hours of

traffic, authorized the necessary appropriations, and required

progress reports and a final report and recommendations not later

than three years after Nov. 6, 1978.

REDUCTION OF URBAN BLIGHT ADJACENT TO FEDERAL-AID PRIMARY AND

INTERSTATE HIGHWAYS LOCATED IN CENTRAL BUSINESS DISTRICTS

Section 159 of Pub. L. 95-599 directed Secretary to conduct a

study and submit a report to Congress not later than two years

after Nov. 6, 1978, respecting the potential for reducing urban

blight adjacent to Federal-aid primary and interstate highways

located in central business districts.

URBAN SYSTEM STUDY

Pub. L. 94-280, title I, Sec. 149, May 5, 1976, 90 Stat. 447,

directed Secretary of Transportation to conduct a study of the

factors involved in planning, selection, etc., of Federal-aid urban

system routes including an analysis of organizations carrying out

the planning process, the status of jurisdiction over roads,

programing responsibilities under local and State laws, and

authority of local units, such study to be submitted to Congress

within six months of May 5, 1976.

FRINGE PARKING DEMONSTRATION PROJECTS

Pub. L. 90-495, Sec. 11, Aug. 23, 1968, 82 Stat. 820, authorized

Secretary to approve construction of publicly owned parking

facilities under this title until June 30, 1971, as a demonstration

project, authorized the Federal share of any project under this

section to be 50%, prevented approval of projects by the Secretary

unless the State or political subdivision thereof where the project

is located can construct, maintain, and operate the facility,

unless the Secretary has entered into an agreement with the State

or political subdivision governing the financing, maintenance, and

operation of the facility, and unless the Secretary has approved

design standards for construction of the facility, defined "parking

facilities", permitted a State or political subdivision to contract

for the operation of such facility, prohibited approval of the

project by the Secretary unless it is carried on in accordance with

section 134 of this title (this section), and required annual

reports to Congress on the demonstration projects approved under

this section, prior to repeal by Pub. L. 91-605, title I, Sec.

134(c), Dec. 31, 1970, 84 Stat. 1734. See section 137 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 104, 115, 133, 135,

137, 142, 149, 182, 204, 217, 505 of this title; title 42 sections

7504, 7506; title 49 sections 5303, 5305.

-End-

-CITE-

23 USC Sec. 135 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 135. Statewide planning

-STATUTE-

(a) General Requirements. -

(1) Findings. - It is in the national interest to encourage and

promote the safe and efficient management, operation, and

development of surface transportation systems that will serve the

mobility needs of people and freight and foster economic growth

and development within and through urbanized areas, while

minimizing transportation-related fuel consumption and air

pollution.

(2) Development of plans and programs. - Subject to section 134

of this title and sections 5303 through 5305 of title 49, each

State shall develop transportation plans and programs for all

areas of the State.

(3) Contents. - The plans and programs for each State shall

provide for the development and integrated management and

operation of transportation systems and facilities (including

pedestrian walkways and bicycle transportation facilities) that

will function as an intermodal transportation system for the

State and an integral part of an intermodal transportation system

for the United States.

(4) Process of development. - The process for developing the

plans and programs shall provide for consideration of all modes

of transportation and shall be continuing, cooperative, and

comprehensive to the degree appropriate, based on the complexity

of the transportation problems to be addressed.

(b) Coordination With Metropolitan Planning; State Implementation

Plan. - In carrying out planning under this section, a State shall

coordinate such planning with the transportation planning

activities carried out under section 134 of this title and sections

5303 through 5305 of title 49 for metropolitan areas of the State

and shall carry out its responsibilities for the development of the

transportation portion of the State implementation plan to the

extent required by the Clean Air Act.

(c) Scope of Planning Process. -

(1) In general. - Each State shall carry out a transportation

planning process that provides for consideration of projects and

strategies that will -

(A) support the economic vitality of the United States, the

States, and metropolitan areas, especially by enabling global

competitiveness, productivity, and efficiency;

(B) increase the safety and security of the transportation

system for motorized and nonmotorized users;

(C) increase the accessibility and mobility options available

to people and for freight;

(D) protect and enhance the environment, promote energy

conservation, and improve quality of life;

(E) enhance the integration and connectivity of the

transportation system, across and between modes throughout the

State, for people and freight;

(F) promote efficient system management and operation; and

(G) emphasize the preservation of the existing transportation

system.

(2) Failure to consider factors. - The failure to consider any

factor specified in paragraph (1) shall not be reviewable by any

court under this title, subchapter II of chapter 5 of title 5, or

chapter 7 of title 5 in any matter affecting a transportation

plan, a transportation improvement plan, a project or strategy,

or the certification of a planning process.

(d) Additional Requirements. - In carrying out planning under

this section, each State shall, at a minimum, consider -

(1) with respect to nonmetropolitan areas, the concerns of

local elected officials representing units of general purpose

local government;

(2) the concerns of Indian tribal governments and Federal land

management agencies that have jurisdiction over land within the

boundaries of the State; and

(3) coordination of transportation plans, programs, and

planning activities with related planning activities being

carried out outside of metropolitan planning areas.

(e) Long-Range Transportation Plan. -

(1) Development. - Each State shall develop a long-range

transportation plan, with a minimum 20-year forecast period, for

all areas of the State, that provides for the development and

implementation of the intermodal transportation system of the

State.

(2) Consultation with governments. -

(A) Metropolitan areas. - With respect to each metropolitan

area in the State, the long-range transportation plan shall be

developed in cooperation with the metropolitan planning

organization designated for the metropolitan area under section

134 of this title and section 5303 of title 49.

(B) Nonmetropolitan areas. - With respect to each

nonmetropolitan area, the long-range transportation plan shall

be developed in consultation with affected local officials with

responsibility for transportation.

(C) Indian tribal areas. - With respect to each area of the

State under the jurisdiction of an Indian tribal government,

the long-range transportation plan shall be developed in

consultation with the tribal government and the Secretary of

the Interior.

(3) Participation by interested parties. - In developing the

long-range transportation plan, the State shall -

(A) provide citizens, affected public agencies,

representatives of transportation agency employees, freight

shippers, private providers of transportation, representatives

of users of public transit, providers of freight transportation

services, and other interested parties with a reasonable

opportunity to comment on the proposed plan; and

(B) identify transportation strategies necessary to

efficiently serve the mobility needs of people.

(4) Financial plan. - The long-range transportation plan may

include a financial plan that demonstrates how the adopted

long-range transportation plan can be implemented, indicates

resources from public and private sources that are reasonably

expected to be made available to carry out the plan, and

recommends any additional financing strategies for needed

projects and programs. The financial plan may include, for

illustrative purposes, additional projects that would be included

in the adopted transportation plan if reasonable additional

resources beyond those identified in the financial plan were

available.

(5) Selection of projects from illustrative list. -

Notwithstanding paragraph (4), a State shall not be required to

select any project from the illustrative list of additional

projects included in the financial plan under paragraph (4).

(f) State Transportation Improvement Program. -

(1) Development. -

(A) In general. - Each State shall develop a transportation

improvement program for all areas of the State.

(B) Consultation with governments. -

(i) Metropolitan areas. - With respect to each metropolitan

area in the State, the program shall be developed in

cooperation with the metropolitan planning organization

designated for the metropolitan area under section 134 of

this title and section 5303 of title 49.

(ii) Nonmetropolitan areas. -

(I) In general. - With respect to each nonmetropolitan

area in the State, the program shall be developed in

consultation with affected local officials with

responsibility for transportation.

(II) Review. - Not later than 1 year after the date of

enactment of this subclause, the State shall submit to the

Secretary the details of the consultative planning process

developed by the State for nonmetropolitan areas under

subclause (I). The Secretary shall not review or approve

such process.

(iii) Indian tribal areas. - With respect to each area of

the State under the jurisdiction of an Indian tribal

government, the program shall be developed in consultation

with the tribal government and the Secretary of the Interior.

(C) Participation by interested parties. - In developing the

program, the Governor shall provide citizens, affected public

agencies, representatives of transportation agency employees,

freight shippers, private providers of transportation,

providers of freight transportation services, representatives

of users of public transit, and other interested parties with a

reasonable opportunity to comment on the proposed program.

(2) Included projects. -

(A) In general. - A transportation improvement program

developed under this subsection for a State shall include

federally supported surface transportation expenditures within

the boundaries of the State.

(B) Chapter 2 projects. -

(i) Regionally significant projects. - Regionally

significant projects proposed for funding under chapter 2

shall be identified individually in the transportation

improvement program.

(ii) Other projects. - Projects proposed for funding under

chapter 2 that are not determined to be regionally

significant shall be grouped in 1 line item or identified

individually in the transportation improvement program.

(C) Consistency with long-range transportation plan. - Each

project shall be -

(i) consistent with the long-range transportation plan

developed under this section for the State;

(ii) identical to the project as described in an approved

metropolitan transportation improvement program; and

(iii) in conformance with the applicable State air quality

implementation plan developed under the Clean Air Act (42

U.S.C. 7401 et seq.), if the project is carried out in an

area designated as nonattainment for ozone or carbon monoxide

under such Act.

(D) Requirement of anticipated full funding. - The program

shall include a project, or an identified phase of a project,

only if full funding can reasonably be anticipated to be

available for the project within the time period contemplated

for completion of the project.

(E) Financial plan. - The transportation improvement program

may include a financial plan that demonstrates how the approved

transportation improvement program can be implemented,

indicates resources from public and private sources that are

reasonably expected to be made available to carry out the plan,

and recommends any additional financing strategies for needed

projects and programs. The financial plan may include, for

illustrative purposes, additional projects that would be

included in the adopted transportation plan if reasonable

additional resources beyond those identified in the financial

plan were available.

(F) Selection of projects from illustrative list. -

(i) No required selection. - Notwithstanding subparagraph

(E), a State shall not be required to select any project from

the illustrative list of additional projects included in the

financial plan under subparagraph (E).

(ii) Required action by the secretary. - Action by the

Secretary shall be required for a State to select any project

from the illustrative list of additional projects included in

the financial plan under subparagraph (E) for inclusion in an

approved transportation improvement program.

(G) Priorities. - The program shall reflect the priorities

for programming and expenditures of funds, including

transportation enhancement activities, required by this title.

(3) Project selection for areas of less than 50,000 population.

-

(A) In general. - Projects carried out in areas with

populations of less than 50,000 individuals (excluding projects

carried out on the National Highway System and projects carried

out under the bridge program or the Interstate maintenance

program) shall be selected, from the approved statewide

transportation improvement program, by the State in cooperation

with the affected local officials.

(B) National highway system projects. - Projects carried out

in areas described in subparagraph (A) on the National Highway

System and projects carried out in such areas under the bridge

program or the Interstate maintenance program shall be

selected, from the approved statewide transportation

improvement program, by the State in consultation with the

affected local officials.

(4) Biennial review and approval. - A transportation

improvement program developed under this subsection shall be

reviewed and, on a finding that the planning process through

which the program was developed is consistent with this section,

section 134, and sections 5303 through 5305 of title 49, approved

not less frequently than biennially by the Secretary.

(5) Modifications to project priority. - Notwithstanding any

other provision of law, action by the Secretary shall not be

required to advance a project included in the approved statewide

transportation improvement program in place of another project in

the program.

(g) Funding. - Funds set aside pursuant to section 505(a) of

title 23, United States Code, shall be available to carry out the

requirements of this section.

(h) Treatment of Certain State Laws as Congestion Management

Systems. - For purposes of this section, section 134, and sections

5303-5306 and 5323(k) (!1) of title 49, State laws, rules or

regulations pertaining to congestion management systems or programs

may constitute the congestion management system under this Act (!1)

if the Secretary finds that the State laws, rules or regulations

are consistent with, and fulfill the intent of, the purposes of

this section, section 134 or sections 5303-5306 and 5323(k),(!1) as

appropriate.

(i) Continuation of Current Review Practice. - Since plans and

programs described in this section are subject to a reasonable

opportunity for public comment, since individual projects included

in the plans and programs are subject to review under the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and

since decisions by the Secretary concerning plans and programs

described in this section have not been reviewed under such Act as

of January 1, 1997, any decision by the Secretary concerning a plan

or program described in this section shall not be considered to be

a Federal action subject to review under the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.).

-SOURCE-

(Added Pub. L. 90-495, Sec. 10(a), Aug. 23, 1968, 82 Stat. 820;

amended Pub. L. 91-605, title I, Secs. 106(g), 125, Dec. 31, 1970,

84 Stat. 1718, 1729; Pub. L. 93-87, title I, Sec. 119, Aug. 13,

1973, 87 Stat. 259; Pub. L. 94-280, title I, Sec. 123(a), May 5,

1976, 90 Stat. 439; Pub. L. 102-240, title I, Sec. 1025(a), Dec.

18, 1991, 105 Stat. 1962; Pub. L. 103-429, Sec. 3(6), Oct. 31,

1994, 108 Stat. 4378; Pub. L. 105-178, title I, Sec. 1204(a)-(h),

June 9, 1998, 112 Stat. 180-184.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsecs. (b) and

(f)(2)(C)(iii), is act July 14, 1955, ch. 360, 69 Stat. 322, as

amended, which is classified generally to chapter 85 (Sec. 7401 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 7401 of Title 42 and Tables.

The date of enactment of this subclause, referred to in subsec.

(f)(1)(B)(ii)(II), is the date of enactment of Pub. L. 105-178,

which was approved June 9, 1998.

Section 5323(k) of title 49, referred to in subsec. (h), was

redesignated section 5323(l) of title 49 and a new section 5323(k)

was added by Pub. L. 105-178, title III, Sec. 3020(d), June 9,

1998, 112 Stat. 362.

This Act, referred to in subsec. (h), probably means Pub. L.

102-240, Dec. 18, 1991, 105 Stat. 1914, known as the Intermodal

Surface Transportation Efficiency Act of 1991. For complete

classification of this Act to the Code, see Short Title of 1991

Amendment note set out under section 101 of Title 49,

Transportation, and Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (i), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 135, Pub. L. 89-139, Sec. 4(a), Aug. 28, 1965, 79

Stat. 578, called for a highway safety program in each State

approved by the Secretary, prior to repeal by Pub. L. 89-564, title

I, Sec. 102(a), Sept. 9, 1966, 80 Stat. 734. See section 402 of

this title.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1204(a), reenacted

heading without change and amended text of subsec. (a) generally.

Prior to amendment, text read as follows: "It is in the national

interest to encourage and promote the development of transportation

systems embracing various modes of transportation in a manner that

will serve all areas of the State efficiently and effectively.

Subject to section 134 of this title, the State shall develop

transportation plans and programs for all areas of the State. Such

plans and programs shall provide for development of transportation

facilities (including pedestrian walkways and bicycle

transportation facilities) which will function as an intermodal

State transportation system. The process for developing such plans

and programs shall provide for consideration of all modes of

transportation and shall be continuing, cooperative, and

comprehensive to the degree appropriate, based on the complexity of

the transportation problems."

Subsec. (b). Pub. L. 105-178, Sec. 1204(b), inserted "and

sections 5303 through 5305 of title 49" after "section 134 of this

title".

Subsec. (c). Pub. L. 105-178, Sec. 1204(c), amended heading and

text of subsec. (c) generally, substituting provisions relating to

scope of planning process for provisions relating to considerations

to be involved in State's continuous transportation planning

process.

Subsec. (d). Pub. L. 105-178, Sec. 1204(d), reenacted heading

without change and amended text of subsec. (d) generally. Prior to

amendment, text read as follows: "Each State in carrying out

planning under this section shall, at a minimum, consider the

following:

"(1) The coordination of transportation plans and programs

developed for metropolitan areas of the State under section 134

with the State transportation plans and programs developed under

this section and the reconciliation of such plans and programs as

necessary to ensure connectivity within transportation systems.

"(2) Investment strategies to improve adjoining State and local

roads that support rural economic growth and tourism development,

Federal agency renewable resources management, and multipurpose

land management practices, including recreation development.

"(3) The concerns of Indian tribal governments having

jurisdiction over lands within the boundaries of the State."

Subsec. (e). Pub. L. 105-178, Sec. 1204(e), amended heading and

text of subsec. (e) generally. Prior to amendment, text read as

follows: "The State shall develop a long-range transportation plan

for all areas of the State. With respect to metropolitan areas of

the State, the plan shall be developed in cooperation with

metropolitan planning organizations designated for metropolitan

areas in the State under section 134. With respect to areas of the

State under the jurisdiction of an Indian tribal government, the

plan shall be developed in cooperation with such government and the

Secretary of the Interior. In developing the plan, the State shall

provide citizens, affected public agencies, representatives of

transportation agency employees, other affected employee

representatives, private providers of transportation, and other

interested parties with a reasonable opportunity to comment on the

proposed plan. In addition, the State shall develop a long-range

plan for bicycle transportation and pedestrian walkways for

appropriate areas of the State which shall be incorporated into the

long-range transportation plan."

Subsec. (f). Pub. L. 105-178, Sec. 1204(f), amended heading and

text of subsec. (f) generally. Prior to amendment, text related to

transportation improvement programs, including program development,

requirement for inclusion of certain projects for State

transportation improvement program, project selection for areas

less than 50,000 population, and requirement of biennial review and

approval.

Subsec. (g). Pub. L. 105-178, Sec. 1204(g), which directed

substitution of "section 505(a)" for "section 307(c)(1)" in section

134(g), was executed by making the substitution in subsec. (g) of

this section to reflect the probable intent of Congress.

Subsec. (i). Pub. L. 105-178, Sec. 1204(h), added subsec. (i).

1994 - Subsec. (f)(2). Pub. L. 103-429, Sec. 3(6)(A), substituted

"chapter 53 of title 49" for "the Federal Transit Act".

Subsec. (h). Pub. L. 103-429, Sec. 3(6)(B), substituted "sections

5303-5306 and 5323(k) of title 49" for "section 8 of the Federal

Transit Act, United States Code" and "section 8 of such Act".

1991 - Pub. L. 102-240 substituted section catchline for one

which read: "Traffic operations improvement programs", and amended

text generally. Prior to amendment, text read as follows:

"(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."

1976 - Pub. L. 94-280 struck out introductory words "Urban area"

in section catchline.

Subsec. (a). Pub. L. 94-280 struck out "within the designated

boundaries of urban areas of the State" and "in the urban areas"

after "continuing program" and "flow of traffic", respectively.

Subsec. (b). Pub. L. 94-280 substituted "any project for

improvements on any public road which project will directly

facilitate and control traffic flow on any of the Federal-aid

systems" for "any project on an extension of the Federal-aid

primary or secondary system in urban areas and on the Federal-aid

urban system for improvements which directly facilitate and control

traffic flow, such as grade separation of intersections, widening

of lanes, channelization of traffic, traffic control systems, and

loading and unloading ramps. If such project is located in an urban

area of more than fifty thousand population, such project shall be

based on a continuing comprehensive transportation planning process

carried on in accordance with section 134 of this title".

Subsec. (c). Pub. L. 94-280 struck out subsec. (c) which provided

for an annual report by the Secretary on projects approved under

this section with recommendations for further improvement of

traffic operations in accordance with this section.

1973 - Subsecs. (c), (d). Pub. L. 93-87 struck out subsec. (c)

which provided for apportionment of sums authorized to carry out

this section in accordance with section 104(b)(3) of this title,

and redesignated subsec. (d) as (c).

1970 - Subsec. (b). Pub. L. 91-605 inserted reference to the

Federal-aid urban system and required that projects under this

section be based on a continuing comprehensive transportation

planning process carried on in accordance with section 134 of this

title only in urban areas of more than fifty thousand population.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and

applicable to funds authorized to be appropriated or made available

after Sept. 30, 1991, and, with certain exceptions, not applicable

to funds appropriated or made available on or before Sept. 30,

1991, see section 1100 of Pub. L. 102-240, set out as a note under

section 104 of this title.

EFFECTIVE DATE

Section effective Aug. 23, 1968, see section 37 of Pub. L.

90-495, set out as an Effective Date of 1968 Amendment note under

section 101 of this title.

PARTICIPATION OF LOCAL ELECTED OFFICIALS

Pub. L. 105-178, title I, Sec. 1204(i), June 9, 1998, 112 Stat.

184, provided that:

"(1) Study. - The Secretary shall conduct a study on the

effectiveness of the participation of local elected officials in

transportation planning and programming. In conducting the study,

the Secretary shall consider the degree of cooperation between each

State, local officials in rural areas in the State, and regional

planning and development organizations in the State.

"(2) Report. - Not later than 2 years after the date of enactment

of this Act [June 9, 1998], the Secretary shall transmit to

Congress a report containing the results of the study with any

recommendations the Secretary determines appropriate as a result of

the study."

ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM

Pub. L. 105-178, title I, Sec. 1210, June 9, 1998, 112 Stat. 187,

provided that:

"(a) Establishment. - The Secretary shall establish an advanced

travel forecasting procedures program -

"(1) to provide for completion of the advanced transportation

model developed under the Transportation Analysis Simulation

System (referred to in this section as 'TRANSIMS'); and

"(2) to provide support for early deployment of the advanced

transportation modeling computer software and graphics package

developed under TRANSIMS and the program established under this

section to States, local governments, and metropolitan planning

organizations with responsibility for travel modeling.

"(b) Eligible Activities. - The Secretary shall use funds made

available under this section to -

"(1) provide funding for completion of core development of the

advanced transportation model;

"(2) develop user-friendly advanced transportation modeling

computer software and graphics packages;

"(3) provide training and technical assistance with respect to

the implementation and application of the advanced transportation

model to States, local governments, and metropolitan planning

organizations with responsibility for travel modeling; and

"(4) allocate funds to not more than 12 entities described in

paragraph (3), representing a diversity of populations and

geographic regions, for a pilot program to enable transportation

management areas designated under section 134(i) of title 23,

United States Code, to convert from the use of travel forecasting

procedures in use by the areas as of the date of enactment of

this Act [June 9, 1998] to the use of the advanced transportation

model.

"(c) Funding. -

"(1) In general. - There are authorized to be appropriated from

the Highway Trust Fund (other than the Mass Transit Account) to

carry out this section $4,000,000 for fiscal year 1998,

$3,000,000 for fiscal year 1999, $6,500,000 for fiscal year 2000,

$5,000,000 for fiscal year 2001, $4,000,000 for fiscal year 2002,

and $2,500,000 for fiscal year 2003.

"(2) Allocation of funds. -

"(A) Fiscal years 1998 and 1999. - For each of fiscal years

1998 and 1999, 100 percent of the funds made available under

paragraph (1) shall be allocated to activities as described in

paragraphs (1), (2), and (3) of subsection (b).

"(B) Fiscal years 2000 through 2003. - For each of fiscal

years 2000 through 2003, not more than 50 percent of the funds

made available under paragraph (1) may be allocated to

activities described in subsection (b)(4).

"(3) Contract authority. - Funds authorized under this

subsection shall be available for obligation in the same manner

as if the funds were apportioned under chapter 1 of title 23,

United States Code, except that the Federal share of the cost of

-

"(A) any activity described in paragraph (1), (2), or (3) of

subsection (b) shall not exceed 100 percent; and

"(B) any activity described in subsection (b)(4) shall not

exceed 80 percent."

DEMONSTRATION PROJECT FOR AUTOMATED ROADWAY MANAGEMENT SYSTEM

Pub. L. 95-599, title I, Sec. 154, Nov. 6, 1978, 92 Stat. 2716,

provided that:

"(a) The Secretary of Transportation is authorized to carry out a

demonstration project of the use of a sophisticated automated

roadway management system to increase the capacity and safety of

automobile travel in high density travel corridors without

providing additional lanes of pavement. The management system shall

coordinate the traffic flow in major freeways and arterials

servicing the travel corridor by use of an integrated system of

vehicle sensors to monitor traffic, computers to assess traffic

conditions throughout the corridor, and devices to communicate with

drivers, police, and emergency equipment.

"(b) There is authorized to be appropriated to carry out this

section, out of the Highway Trust Fund, not to exceed $1,500,000

for the fiscal year ending September 30, 1979, not to exceed

$2,500,000 for the fiscal year ending September 30, 1980, and not

to exceed $26,000,000 for the fiscal year ending September 30,

1981.

"(c) The Federal share payable on account of any project

authorized under this section shall not exceed 90 per centum of the

total cost thereof.

"(d) Funds authorized by this section shall be available for

obligation in the same manner and to the same extent as if such

funds were apportioned under chapter 1 of title 23, United States

Code, except that the Federal share of the cost of any project

under this section shall not exceed 90 per centum."

TRAFFIC CONTROL SIGNALIZATION DEMONSTRATION PROJECTS; REPORTS TO

SECRETARY OF TRANSPORTATION; REPORT TO CONGRESS

Section 146 of Pub. L. 94-280 provided that:

"(a) The Secretary of Transportation is authorized to carry out

traffic 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 being

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 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."

AUTHORIZATION OF APPROPRIATIONS

Pub. L. 89-285, title III, Sec. 304, Oct. 22, 1965, 79 Stat.

1033, as amended by Pub. L. 97-449, Sec. 2(a), Jan. 12, 1983, 96

Stat. 2439, provided that: "There is authorized to be appropriated

the sum of $500,000 to enable the Secretary to carry out his

functions under section 135 of title 23 of the United States Code

relating to highway safety programs."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 108, 115, 133, 134,

149, 182, 204, 217, 505 of this title; title 45 section 822; title

49 sections 5303, 5323.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 136 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 136. Control of junkyards

-STATUTE-

(a) The Congress hereby finds and declares that the establishment

and use and maintenance of junkyards in areas adjacent to the

Interstate System and the primary system should be controlled in

order to protect the public investment in such highways, to promote

the safety and recreational value of public travel, and to preserve

natural beauty.

(b) Federal-aid highway funds apportioned on or after January 1,

1968, to any State which the Secretary determines has not made

provision for effective control of the establishment and

maintenance along the Interstate System and the primary system of

outdoor junkyards, which are within one thousand feet of the

nearest edge of the right-of-way and visible from the main traveled

way of the system, shall be reduced by amounts equal to 10 per

centum of the amounts which would otherwise be apportioned to such

State under section 104 of this title, until such time as such

State shall provide for such effective control. Any amount which is

withheld from apportionment to any State hereunder shall be

reapportioned to the other States. Whenever he determines it to be

in the public interest, the Secretary may suspend, for such periods

as he deems necessary, the application of this subsection to a

State.

(c) Effective control means that by January 1, 1968, such

junkyards shall be screened by natural objects, plantings, fences,

or other appropriate means so as not to be visible from the main

traveled way of the system, or shall be removed from sight.

(d) The term "junk" shall mean old or scrap copper, brass, rope,

rags, batteries, paper, trash, rubber debris, waste, or junked,

dismantled, or wrecked automobiles, or parts thereof, iron, steel,

and other old or scrap ferrous or nonferrous material.

(e) The term "automobile graveyard" shall mean any establishment

or place of business which is maintained, used, or operated for

storing, keeping, buying, or selling wrecked, scrapped, ruined, or

dismantled motor vehicles or motor vehicle parts.

(f) The term "junkyard" shall mean an establishment or place of

business which is maintained, operated, or used for storing,

keeping, buying, or selling junk, or for the maintenance or

operation of an automobile graveyard, and the term shall include

garbage dumps and sanitary fills.

(g) Notwithstanding any provision of this section, junkyards,

auto graveyards, and scrap metal processing facilities may be

operated within areas adjacent to the Interstate System and the

primary system which are within one thousand feet of the nearest

edge of the right-of-way and which are zoned industrial under

authority of State law, or which are not zoned under authority of

State law, but are used for industrial activities, as determined by

the several States subject to approval by the Secretary.

(h) Notwithstanding any provision of this section, any junkyard

in existence on the date of enactment of this section which does

not conform to the requirements of this section and which the

Secretary finds as a practical matter cannot be screened, shall not

be required to be removed until July 1, 1970.

(i) The Federal share of landscaping and screening costs under

this section shall be 75 per centum.

(j) Just compensation shall be paid the owner for the relocation,

removal, or disposal of junkyards lawfully established under State

law. The Federal share of such compensation shall be 75 per centum.

(k) All public lands or reservations of the United States which

are adjacent to any portion of the interstate and primary systems

shall be effectively controlled in accordance with the provisions

of this section.

(l) Nothing in this section shall prohibit a State from

establishing standards imposing stricter limitations with respect

to outdoor junkyards on the Federal-aid highway systems than those

established under this section.

(m) There is authorized to be appropriated to carry out this

section, out of any money in the Treasury not otherwise

appropriated, not to exceed $20,000,000 for the fiscal year ending

June 30, 1966, not to exceed $20,000,000 for the fiscal year ending

June 30, 1967, not to exceed $3,000,000 for the fiscal year ending

June 30, 1970, not to exceed $3,000,000 for the fiscal year ending

June 30, 1971, not to exceed $3,000,000 for the fiscal year ending

June 30, 1972, and not to exceed $5,000,000 for the fiscal year

ending June 30, 1973. The provisions of this chapter relating to

the obligation, period of availability, and expenditure of

Federal-aid primary highway funds shall apply to the funds

authorized to be appropriated to carry out this section after June

30, 1967.

-SOURCE-

(Added Pub. L. 89-285, title II, Sec. 201, Oct. 22, 1965, 79 Stat.

1030; amended Pub. L. 89-574, Sec. 8(a), Sept. 13, 1966, 80 Stat.

768; Pub. L. 90-495, Sec. 6(e), Aug. 23, 1968, 82 Stat. 818; Pub.

L. 91-605, title I, Sec. 122(b), Dec. 31, 1970, 84 Stat. 1726; Pub.

L. 93-643, Sec. 110, Jan. 4, 1975, 88 Stat. 2285.)

-MISC1-

AMENDMENTS

1975 - Subsec. (j). Pub. L. 93-643 substituted provision that

compensation shall be paid the owner for the relocation, removal,

or disposal of junkyards lawfully established under State law, for

provision relating to payment of just compensation for relocation,

removal, or disposal of junkyards (1) lawfully in existence on Oct.

22, 1965, (2) lawfully along any highway made a part of the

interstate or primary system on or after Oct. 22, 1965, and before

Jan. 1, 1968, and (3) lawfully established on or after Jan. 1,

1968.

1970 - Subsec. (m). Pub. L. 91-605 authorized to be appropriated

not to exceed $3,000,000, $3,000,000, and $5,000,000, for the

fiscal years ending June 30, 1971, 1972, and 1973, respectively.

1968 - Subsec. (m). Pub. L. 90-495 inserted provision authorizing

an appropriation of not to exceed $3,000,000 for the fiscal year

ending June 30, 1970.

1966 - Subsec. (m). Pub. L. 89-574 substituted provisions making

applicable to the funds authorized to be appropriated to carry out

this section after June 30, 1967, the provisions of chapter 1 of

this title relating to the obligation, period of availability, and

expenditure of Federal-aid primary highway funds for provisions

prohibiting the use of any part of the Highway Trust Fund in

carrying out this section.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-495 effective August 23, 1968, see

section 37 of Pub. L. 90-495, set out as a note under section 502

of this title.

ACQUISITION OF DWELLINGS

Prohibition against the use of eminent domain to acquire any

dwelling (including related buildings) under the terms of Pub. L.

89-285, see section 305 of Pub. L. 89-285, set out as a note under

section 131 of this title.

TAKING OF PRIVATE PROPERTY WITHOUT JUST COMPENSATION

Prohibition against the taking of private property or the

restriction of reasonable and existing use by such taking without

just compensation under the terms of Pub. L. 89-285, see section

401 of Pub. L. 89-285, set out as a note under section 131 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 131 of this title.

-End-

-CITE-

23 USC Sec. 137 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 137. Fringe and corridor parking facilities

-STATUTE-

(a) The Secretary may approve as a project on the Federal-aid

urban system the acquisition of land adjacent to the right-of-way

outside a central business district, as defined by the Secretary,

and the construction of publicly owned parking facilities thereon

or within such right-of-way, including the use of the air space

above and below the established grade line of the highway pavement,

to serve an urban area of fifty thousand population or more. Such

parking facility shall be located and designed in conjunction with

existing or planned public transportation facilities. In the event

fees are charged for the use of any such facility, the rate thereof

shall not be in excess of that required for maintenance and

operation (including compensation to any person for operating such

facility).

(b) The Secretary shall not approve any project under this

section until -

(1) he has determined that the State, or the political

subdivision thereof, where such project is to be located, or any

agency or instrumentality of such State or political subdivision,

has the authority and capability of constructing, maintaining,

and operating the facility;

(2) he has entered into an agreement governing the financing,

maintenance, and operation of the parking facility with such

State, political subdivision, agency, or instrumentality,

including necessary requirements to insure that adequate public

transportation services will be available to persons using such

facility; and

(3) he has approved design standards for constructing such

facility developed in cooperation with the State transportation

department.

(c) The term "parking facilities" for purposes of this section

shall include access roads, buildings, structures, equipment,

improvements, and interests in lands.

(d) Nothing in this section, or in any rule or regulation issued

under this section, or in any agreement required by this section,

shall prohibit (1) any State, political subdivision, or agency or

instrumentality thereof, from contracting with any person to

operate any parking facility constructed under this section, or (2)

any such person from so operating such facility.

(e) The Secretary shall not approve any project under this

section unless he determines that it is based on a continuing

comprehensive transportation planning process carried on in

accordance with section 134 of this title.

(f)(1) The Secretary may approve for Federal financial assistance

from funds apportioned under section 104(b)(4), projects for

designating existing facilities, or for acquisition of rights of

way or construction of new facilities, for use as preferential

parking for carpools, provided that such facilities (A) are located

outside of a central business district and within an interstate

highway corridor, and (B) have as their primary purpose the

reduction of vehicular traffic on the interstate highway.

(2) Nothing in this subsection, or in any rule or regulation

issued under this subsection, or in any agreement required by this

subsection, shall prohibit (A) any State, political subdivision, or

agency or instrumentality thereof, from contracting with any person

to operate any parking facility designated or constructed under

this subsection, or (B) any such person from so operating such

facility. Any fees charged for the use of any such facility in

connection with the purpose of this subsection shall not be in

excess of the amount required for operation and maintenance,

including compensation to any person for operating the facility.

(3) For the purposes of this subsection, the terms "facilities"

and "parking facilities" are synonymous and shall have the same

meaning given "parking facilities" in subsection (c) of this

section.

-SOURCE-

(Added Pub. L. 89-574, Sec. 8(c)(1), Sept. 13, 1966, 80 Stat. 768;

amended Pub. L. 91-605, title I, Sec. 134(a), Dec. 31, 1970, 84

Stat. 1733; Pub. L. 97-424, title I, Sec. 118, Jan. 6, 1983, 96

Stat. 2110; Pub. L. 105-178, title I, Secs. 1103(l)(3)(B),

1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 126, 193.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(3). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),

substituted "State transportation department" for "State highway

department".

Subsec. (f)(1). Pub. L. 105-178, Sec. 1103(l)(3)(B), substituted

"section 104(b)(4)" for "section 104(b)(5)(B) of this title".

1983 - Subsec. (f). Pub. L. 97-424 added subsec. (f).

1970 - Pub. L. 91-605 substituted "Fringe and corridor parking

facilities" for "Limitation on authorization of appropriations for

certain purposes" in section catchline.

Subsec. (a). Pub. L. 91-605 substituted provisions permitting the

Secretary to approve construction of publicly owned parking

facilities under the Federal-aid urban system for provisions

limiting authorization of appropriations under section 131, 136,

and 319(b) of this title, or any highway safety bill enacted after

May 1, 1966 by preventing these sections and provisions from being

construed as authority for any appropriations not specifically

authorized in these sections and provisions.

Subsec. (b). Pub. L. 91-605 substituted provisions preventing

project approval by the Secretary unless the State or political

subdivision thereof where the project is located can construct,

maintain, and operate the facility, unless the Secretary has

entered into an agreement with the State or political subdivision

governing the financing, maintenance, and operation of the

facility, and unless the Secretary has approved design standards

for construction of the facility for provisions limiting

authorization of appropriations under sections 131, 136, and 319(b)

of this title, or any highway safety bill enacted after May 1, 1966

by preventing appropriations to carry out these sections and

provisions unless they are specific as to the amount authorized and

as to the fiscal year.

Subsec. (c). Pub. L. 91-605 substituted provisions defining

"parking facilities" for provisions limiting authorization of

appropriations under sections 131, 136, and 319(b) of this title,

or any highway safety bill enacted after May 1, 1966 by preventing

the highway trust fund from being a source of appropriation for

these sections and provisions in an amount exceeding the tax

imposed by section 4061(a)(2) of Title 26, if such tax was imposed

at a rate of 1% plus additional amounts appropriated from the

general fund to the highway trust fund for such purposes except

that the total of all appropriations made from such fund to carry

out these sections and provisions shall never exceed the total of

all appropriations made to such fund based on the imposition of

such tax plus additional amounts appropriated from the general fund

to the highway trust fund for such purposes.

Subsecs. (d), (e). Pub. L. 91-605 added subsecs. (d) and (e).

-End-

-CITE-

23 USC Sec. 138 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 138. Preservation of parklands

-STATUTE-

It is hereby declared to be the national policy that special

effort should be made to preserve the natural beauty of the

countryside and public park and recreation lands, wildlife and

waterfowl refuges, and historic sites. The Secretary of

Transportation shall cooperate and consult with the Secretaries of

the Interior, Housing and Urban Development, and Agriculture, and

with the States in developing transportation plans and programs

that include measures to maintain or enhance the natural beauty of

the lands traversed. After the effective date of the Federal-Aid

Highway Act of 1968, the Secretary shall not approve any program or

project (other than any project for a park road or parkway under

section 204 of this title) which requires the use of any publicly

owned land from a public park, recreation area, or wildlife and

waterfowl refuge of national, State, or local significance as

determined by the Federal, State, or local officials having

jurisdiction thereof, or any land from an historic site of

national, State, or local significance as so determined by such

officials unless (1) there is no feasible and prudent alternative

to the use of such land, and (2) such program includes all possible

planning to minimize harm to such park, recreational area, wildlife

and waterfowl refuge, or historic site resulting from such use. 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.

-SOURCE-

(Added Pub. L. 89-574, Sec. 15(a), Sept. 13, 1966, 80 Stat. 771;

amended Pub. L. 90-495, Sec. 18(a), Aug. 23, 1968, 82 Stat. 823;

Pub. L. 94-280, title I, Sec. 124, May 5, 1976, 90 Stat. 440; Pub.

L. 100-17, title I, Sec. 133(b)(10), Apr. 2, 1987, 101 Stat. 171.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of the Federal-Aid Highway Act of 1968,

referred to in text, is the effective date of Pub. L. 90-495, which

was approved Aug. 23, 1968.

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-17 inserted "(other than any project for a

park road or parkway under section 204 of this title)" before

"which requires" in third sentence.

1976 - Pub. L. 94-280 authorized the Secretary, in cooperation

with the Secretary of the Interior and appropriate State and local

officials, 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.

1968 - Pub. L. 90-495 amended section generally so as to render

it identical to section 1653(f) of Title 49, Transportation,

governing all programs and projects subject to the jurisdiction of

the Secretary of Transportation.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section

37 of Pub. L. 90-495, set out as a note under section 101 of this

title.

STUDY OF TRANSIT NEEDS IN NATIONAL PARKS AND RELATED PUBLIC LANDS

Pub. L. 105-178, title III, Sec. 3039, June 9, 1998, 112 Stat.

393, as amended by Pub. L. 105-206, title IX, Sec. 9009(y), July

22, 1998, 112 Stat. 862, provided that:

"(a) Purposes. - The purposes of this section are to encourage

and promote the development of transportation systems for the

betterment of the national parks and other units of the National

Park System, national wildlife refuges, recreational areas, and

other public lands in order to conserve natural, historical, and

cultural resources and prevent adverse impact, relieve congestion,

minimize transportation fuel consumption, reduce pollution

(including noise and visual pollution), and enhance visitor

mobility and accessibility and the visitor experience.

"(b) Study. -

"(1) In general. - The Secretary, in coordination with the

Secretary of the Interior, shall undertake a comprehensive study

of alternative transportation needs in national parks and related

public lands managed by Federal land management agencies [to]

assist in carrying out the purposes described in subsection (a).

The study shall be submitted to the Committee on Transportation

and Infrastructure of the House of Representatives and the

Committee on Banking, Housing, and Urban Affairs of the Senate

not later than January 1, 2000.

"(2) Study elements. - The study required by paragraph (1)

shall -

"(A) identify transportation strategies that improve the

management of the national parks and related public lands;

"(B) identify national parks and related public lands with

existing and potential problems of adverse impact, high

congestion, and pollution, or which can benefit from

alternative transportation modes;

"(C) assess the feasibility of alternative transportation

modes; and

"(D) identify and estimate the costs of alternative

transportation modes for each of the national parks and related

public lands referred to in paragraph (1).

"(3) Definition. - For purposes of this subsection, the term

'Federal land management agencies' means the National Park

Service, the United States Fish and Wildlife Service, and the

Bureau of Land Management."

STUDY OF ALTERNATIVE TRANSPORTATION MODES IN NATIONAL PARK SYSTEM

Pub. L. 102-240, title I, Sec. 1050, Dec. 18, 1991, 105 Stat.

2000, provided that:

"(a) In General. - Not later than 12 months after the date of the

enactment of this Act [Dec. 18, 1991], the Secretary, in

consultation with the Secretary of the Interior, shall conduct and

transmit to Congress a study of alternative transportation modes

for use in the National Park System. In conducting such study, the

Secretary shall consider (1) the economic and technical

feasibility, environmental effects, projected costs and benefits as

compared to the costs and benefits of existing transportation

systems, and general suitability of transportation modes that would

provide efficient and environmentally sound ingress to and egress

from National Park lands; and (2) methods to obtain private capital

for the construction of such transportation modes and related

infrastructure.

"(b) Funding. - From sums authorized to be appropriated for park

roads and parkways for fiscal year 1992, $300,000 shall be

available to carry out this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 206, 323 of this title.

-End-

-CITE-

23 USC [Sec. 139 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

[Sec. 139. Repealed. Pub. L. 105-178, title I, Sec. 1106(c)(2)(A),

June 9, 1998, 112 Stat. 136]

-MISC1-

Section, added Pub. L. 90-495, Sec. 16(a), Aug. 23, 1968, 82

Stat. 823; amended Pub. L. 91-605, title I, Secs. 106(b)(1), 140,

Dec. 31, 1970, 84 Stat. 1716, 1736; Pub. L. 94-280, title I, Sec.

125, May 5, 1976, 90 Stat. 440; Pub. L. 97-134, Sec. 10, Dec. 29,

1981, 95 Stat. 1702; Pub. L. 97-424, title I, Sec. 116(a)(3), Jan.

6, 1983, 96 Stat. 2109; Pub. L. 98-229, Sec. 8(a), Mar. 9, 1984, 98

Stat. 56, related to additions to the Interstate System.

-End-

-CITE-

23 USC Sec. 140 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 140. Nondiscrimination

-STATUTE-

(a) Prior to approving any programs for projects as provided for

in subsection (a) of section 105 (!1) of this title, the Secretary

shall require assurances from any State desiring to avail itself of

the benefits of this chapter that employment in connection with

proposed projects will be provided without regard to race, color,

creed, national origin, or sex. He shall require that each State

shall include in the advertised specifications, notification of the

specific equal employment opportunity responsibilities of the

successful bidder. In approving programs for projects on any of the

Federal-aid systems, the Secretary shall, where he considers it

necessary to assure equal employment opportunity, require

certification by any State desiring to avail itself of the benefits

of this chapter that there are in existence and available on a

regional, statewide, or local basis, apprenticeship, skill

improvement or other upgrading programs, registered with the

Department of Labor or the appropriate State agency, if any, which

provide equal opportunity for training and employment without

regard to race, color, creed, national origin, or sex. In

implementing such programs, a State may reserve training positions

for persons who receive welfare assistance from such State; except

that the implementation of any such program shall not cause current

employees to be displaced or current positions to be supplanted or

preclude workers that are participating in an apprenticeship, skill

improvement, or other upgrading program registered with the

Department of Labor or the appropriate State agency from being

referred to, or hired on, projects funded under this title without

regard to the length of time of their participation in such

program. The Secretary shall periodically obtain from the Secretary

of Labor and the respective State transportation departments

information which will enable him to judge compliance with the

requirements of this section and the Secretary of Labor shall

render to the Secretary such assistance and information as he shall

deem necessary to carry out the equal employment opportunity

program required hereunder.

(b) The Secretary, in cooperation with any other department or

agency of the Government, State agency, authority, association,

institution, Indian tribal government, corporation (profit or

nonprofit), or any other organization or person, is authorized to

develop, conduct, and administer highway construction and

technology training, including skill improvement programs, and to

develop and fund summer transportation institutes. Whenever

apportionments are made under section 104(b)(3) of this title, the

Secretary shall deduct such sums as he may deem necessary, not to

exceed $2,500,000 for the transition quarter ending September 30,

1976, and not to exceed $10,000,000 per fiscal year, for the

administration of this subsection. Such sums so deducted shall

remain available until expended. The provisions of section 3709 of

the Revised Statutes, as amended (41 U.S.C. 5), shall not be

applicable to contracts and agreements made under the authority

herein granted to the Secretary. Notwithstanding any other

provision of law, not to exceed 1/2 of 1 percent of funds

apportioned to a State for the surface transportation program under

section 104(b) and the bridge program under section 144 may be

available to carry out this subsection upon request of the State

transportation department to the Secretary.

(c) The Secretary, in cooperation with any other department or

agency of the Government, State agency, authority, association,

institution, Indian tribal government, corporation (profit or

nonprofit), or any other organization or person, is authorized to

develop, conduct, and administer training programs and assistance

programs in connection with any program under this title in order

that minority businesses may achieve proficiency to compete, on an

equal basis, for contracts and subcontracts. Whenever

apportionments are made under subsection (!2) 104(b)(3) of this

title, the Secretary shall deduct such sums as he may deem

necessary, not to exceed $10,000,000 per fiscal year, for the

administration of this subsection. The provisions of section 3709

of the Revised Statutes, as amended (41 U.S.C. 5), shall not be

applicable to contracts and agreements made under the authority

herein granted to the Secretary notwithstanding the provisions of

section 302(e) (!1) of the Federal Property and Administrative

Services Act of 1949 (41 U.S.C. 252(e)).

(d) Indian Employment and Contracting. - Consistent with section

703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)),

nothing in this section shall preclude the preferential employment

of Indians living on or near a reservation on projects and

contracts on Indian reservation roads. States may implement a

preference for employment of Indians on projects carried out under

this title near Indian reservations. The Secretary shall cooperate

with Indian tribal governments and the States to implement this

subsection.

-SOURCE-

(Added Pub. L. 90-495, Sec. 22(a), Aug. 23, 1968, 82 Stat. 826;

amended Pub. L. 91-605, title I, Sec. 110, Dec. 31, 1970, 84 Stat.

1719; Pub. L. 93-87, title I, Sec. 120, Aug. 13, 1973, 87 Stat.

259; Pub. L. 94-280, title I, Sec. 126, May 5, 1976, 90 Stat. 440;

Pub. L. 97-424, title I, Sec. 119, Jan. 6, 1983, 96 Stat. 2110;

Pub. L. 100-17, title I, Sec. 122, Apr. 2, 1987, 101 Stat. 160;

Pub. L. 102-240, title I, Sec. 1026, Dec. 18, 1991, 105 Stat. 1965;

Pub. L. 102-388, title IV, Sec. 412, Oct. 6, 1992, 106 Stat. 1565;

Pub. L. 105-178, title I, Secs. 1208, 1212(a)(2)(A), June 9, 1998,

112 Stat. 186, 193.)

-REFTEXT-

REFERENCES IN TEXT

Section 105 of this title, referred to in subsec. (a), was

amended generally by Pub. L. 105-178, title I, Sec. 1104(a), June

9, 1998, 112 Stat. 127, and no longer refers to program of highway

project approval process by Secretary but to minimum guarantee to

States for allocations of appropriations.

Subsection (e) of section 302 of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C. 252(e)), referred to

in subsec. (c), was struck out by section 2714(a)(1)(B) of Pub. L.

98-369 and restated in subsection (c)(1) of section 302 of the

Federal Property and Administrative Services Act of 1949 (41 U.S.C.

252(c)(1)).

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Secs. 1208(a),

1212(a)(2)(A)(ii), inserted "In implementing such programs, a State

may reserve training positions for persons who receive welfare

assistance from such State; except that the implementation of any

such program shall not cause current employees to be displaced or

current positions to be supplanted or preclude workers that are

participating in an apprenticeship, skill improvement, or other

upgrading program registered with the Department of Labor or the

appropriate State agency from being referred to, or hired on,

projects funded under this title without regard to the length of

time of their participation in such program." after third sentence

and substituted "State transportation departments" for "State

highway departments".

Subsec. (b). Pub. L. 105-178, Secs. 1208(b), 1212(a)(2)(A)(i),

inserted "and technology" after "highway construction" and ", and

to develop and fund summer transportation institutes" after "skill

improvement programs" and substituted "section 104(b)(3)" for

"section 104(b)" and "State transportation department" for "State

highway department".

Subsec. (c). Pub. L. 105-178, Sec. 1208(c), substituted

"104(b)(3)" for "104(a)".

1992 - Subsec. (b). Pub. L. 102-388 substituted " 1/2 of 1

percent" for " 1/4 of 1 percent" in last sentence.

1991 - Subsec. (b). Pub. L. 102-240, Sec. 1026(a), (b), inserted

"Indian tribal government," after "institution," and inserted at

end "Notwithstanding any other provision of law, not to exceed 1/4

of 1 percent of funds apportioned to a State for the surface

transportation program under section 104(b) and the bridge program

under section 144 may be available to carry out this subsection

upon request of the State highway department to the Secretary."

Subsec. (c). Pub. L. 102-240, Sec. 1026(b), inserted "Indian

tribal government," after "institution,".

Subsec. (d). Pub. L. 102-240, Sec. 1026(c), inserted after first

sentence "States may implement a preference for employment of

Indians on projects carried out under this title near Indian

reservations."

1987 - Subsec. (d). Pub. L. 100-17 added subsec. (d).

1983 - Pub. L. 97-424, Sec. 119(c), substituted

"Nondiscrimination" for "Equal employment opportunity" in section

catchline.

Subsec. (a). Pub. L. 97-424, Sec. 119(a), substituted ", national

origin, or sex" for "or national origin" after "color, creed", in

two places.

Subsec. (c). Pub. L. 97-424, Sec. 119(b), added subsec. (c).

1976 - Subsec. (b). Pub. L. 94-280 substituted second sentence

"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 $2,500,000 for the transition quarter

ending September 30, 1976, and not to exceed $10,000,000 per fiscal

year, for the administration of this subsection." for "Whenever an

apportionment is made under subsections 104(b)(1), (b)(2), (b)(3),

(b)(5), and (b)(6) of this title of the sums authorized to be

appropriated for expenditure upon the Federal-aid primary and

secondary systems, and their extensions within urban areas, the

Interstate System, and the Federal-aid urban system for the fiscal

years 1972, 1973, 1974, 1975, and 1976, the Secretary shall deduct

such sums as he may deem necessary not to exceed $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, for

administering the provisions of this subsection to be financed from

the appropriation for the Federal-aid systems."

1973 - Subsec. (b). Pub. L. 93-87 included apportionment of

appropriated moneys for administration of subsec. (b) provisions

for fiscal years 1974, 1975, and 1976, and substituted provisions

which made available for such administration $5,000,000 per fiscal

year for fiscal years 1972, and 1973, and $10,000,000 per fiscal

year for fiscal years 1974, 1975, and 1976, for prior provision

making available $5,000,000 per fiscal year for such

administration.

1970 - Pub. L. 91-605 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and

applicable to funds authorized to be appropriated or made available

after Sept. 30, 1991, and, with certain exceptions, not applicable

to funds appropriated or made available on or before Sept. 30,

1991, see section 1100 of Pub. L. 102-240, set out as a note under

section 104 of this title.

EFFECTIVE DATE

Section effective Aug. 23, 1968, see section 37 of Pub. L.

90-495, set out as an Effective Date of 1968 Amendment note under

section 101 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "section".

-End-

-CITE-

23 USC Sec. 141 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 141. Enforcement of requirements

-STATUTE-

(a) Each State shall certify to the Secretary before January 1 of

each year that it is enforcing all State laws respecting maximum

vehicle size and weights permitted on the Federal-aid primary

system, the Federal-aid urban system, and the Federal-aid secondary

system, including the Interstate System in accordance with section

127 of this title. Each State shall also certify that it is

enforcing and complying with the provisions of section 127(d) of

this title and section 31112 of title 49.

(b)(1) Each State shall submit to the Secretary such information

as the Secretary shall, by regulation, require as necessary, in his

opinion, to verify the certification of such State under subsection

(b) of this section.

(2) If a State fails to certify as required by subsection (b) of

this section or if the Secretary determines that a State is not

adequately enforcing all State laws respecting such maximum vehicle

size and weights, notwithstanding such a certification, then

Federal-aid highway funds apportioned to such State for such fiscal

year shall be reduced by amounts equal to 10 per centum of the

amount which would otherwise be apportioned to such State under

section 104 of this title.

(3) If within one year from the date that the apportionment for

any State is reduced in accordance with paragraph (2) of this

subsection the Secretary determines that such State is enforcing

all State laws respecting maximum size and weights, the

apportionment of such State shall be increased by an amount equal

to such reduction. If the Secretary does not make such a

determination within such one-year period, the amounts so withheld

shall be reapportioned to all other eligible States.

(c) The Secretary shall reduce the State's apportionment of

Federal-aid highway funds under section 104(b)(4) in an amount up

to 25 per centum of the amount to be apportioned in any fiscal year

beginning after September 30, 1984, during which heavy vehicles,

subject to the use tax imposed by section 4481 of the Internal

Revenue Code of 1986, may be lawfully registered in the State

without having presented proof of payment, in such form as may be

prescribed by the Secretary of the Treasury, of the use tax imposed

by section 4481 of such Code. Amounts withheld from apportionment

to a State under this subsection shall be apportioned to the other

States pursuant to the formulas of section 104(b)(4) and shall be

available in the same manner and to the same extent as other

Interstate funds apportioned at the same time to other States.

-SOURCE-

(Added Pub. L. 93-643, Sec. 107(a), Jan. 4, 1975, 88 Stat. 2284;

amended Pub. L. 95-599, title I, Sec. 123(d), Nov. 6, 1978, 92

Stat. 2702; Pub. L. 97-424, title I, Sec. 143, Jan. 6, 1983, 96

Stat. 2129; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;

Pub. L. 102-240, title I, Sec. 1023(c), Dec. 18, 1991, 105 Stat.

1954; Pub. L. 103-429, Sec. 3(7), Oct. 31, 1994, 108 Stat. 4378;

Pub. L. 104-59, title II, Sec. 205(d)(1)(A), Nov. 28, 1995, 109

Stat. 577; Pub. L. 105-178, title I, Sec. 1103(l)(3)(C), June 9,

1998, 112 Stat. 126.)

-REFTEXT-

REFERENCES IN TEXT

Section 4481 of the Internal Revenue Code of 1986, referred to in

subsec. (c), is classified to section 4481 of Title 26, Internal

Revenue Code.

-MISC1-

PRIOR PROVISIONS

A prior section 141, Pub. L. 90-495, Sec. 35(a), Aug. 23, 1968,

82 Stat. 836, related to real property acquisition policies, prior

to repeal by Pub. L. 91-646, title III, Sec. 306, Jan. 2, 1971, 84

Stat. 1907, such repeal becoming effective as to all States after

July 1, 1972, the date on which sections 4630 and 4655 of Title 42,

The Public Health and Welfare, covering similar subject matter,

became applicable to all States.

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-178 substituted "section

104(b)(4)" for "section 104(b)(5) of this title" in two places.

1995 - Pub. L. 104-59 redesignated subsecs. (b) to (d) as (a) to

(c), respectively, and struck out former subsec. (a) which read as

follows: "Each State shall certify to the Secretary before January

1 of each year that it is enforcing all speed limits on public

highways in accordance with section 154 of this title. The

Secretary shall not approve any project under section 106 of this

title in any State which has failed to certify in accordance with

this subsection."

1994 - Subsec. (b). Pub. L. 103-429 substituted "section 31112 of

title 49" for "section 411(j) of the Surface Transportation

Assistance Act of 1982 (49 U.S.C. App. 2311(j))".

1991 - Subsec. (b). Pub. L. 102-240 inserted at end "Each State

shall also certify that it is enforcing and complying with the

provisions of section 127(d) of this title and section 411(j) of

the Surface Transportation Assistance Act of 1982 (49 U.S.C. App.

2311(j))."

1986 - Subsec. (d). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

1983 - Subsec. (d). Pub. L. 97-424 added subsec. (d).

1978 - Pub. L. 95-599 designated existing provisions as subsecs.

(a) and (b) and added subsec. (c).

EFFECTIVE DATE OF 1995 AMENDMENT

Section 205(d)(3) of Pub. L. 104-59 provided that: "The

amendments made by paragraph (1) [amending this section and

repealing section 154 of this title] shall be applicable to a State

on the 10th day following the date of the enactment of this Act

[Nov. 28, 1995]; except that if the legislature of a State is not

in session on such date of enactment and the chief executive

officer of the State declares, before such 10th day, that the

legislature is not in session and that the State prefers an

applicability date for such amendments that is after the date on

which the legislature will convene, such amendments shall be

applicable to the State on the 60th day following the date on which

the legislature next convenes."

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and

applicable to funds authorized to be appropriated or made available

after Sept. 30, 1991, and, with certain exceptions, not applicable

to funds appropriated or made available on or before Sept. 30,

1991, see section 1100 of Pub. L. 102-240, set out as a note under

section 104 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 123(e) of Pub. L. 95-599 provided that subsec. (c)(2) and

(3) of this section be applicable to certifications required by

this section to be filed on or after Jan. 1, 1980, prior to repeal

by Pub. L. 96-106, Sec. 12, Nov. 9, 1979, 93 Stat. 798.

ENFORCEMENT OF VEHICLE WEIGHT LIMITATIONS

Section 123(a)-(c) of Pub. L. 95-599, as amended by Pub. L.

100-17, title I, Sec. 133(c)(4), Apr. 2, 1987, 101 Stat. 173,

provided that:

"(a) Not later than the one-hundred-eightieth day after the date

of enactment of this section [Nov. 6, 1978], the Secretary of

Transportation, hereunder referred to as the 'Secretary', in

consultation with each State shall inventory the existing system of

penalties for violations of vehicle weight laws, rules, and

regulations on any portion of any Federal-aid system in such State.

Each State shall annually thereafter report to the Secretary its

current inventory.

"(b)(1) Not later than the one-hundred-eightieth day after the

date of enactment of this section [Nov. 6, 1978], the Secretary, in

consultation with each State, shall inventory the existing system

in such State for the issuance of special permits. Each State shall

annually thereafter report to the Secretary its current inventory.

"(2) For purposes of this subsection, the term 'special permit'

means a license or permit issued pursuant to State law, rule, or

regulation which authorizes a vehicle to exceed the weight

limitation for such vehicle established under State law, rule, or

regulation.

"(c) Not later than January 1 of the second calendar year which

begins after the date of enactment of this section [Nov. 6, 1978]

and each calendar year thereafter the Secretary shall submit to the

Committee on Environment and Public Works of the Senate and the

Committee on Public Works and Transportation [now Committee on

Transportation and Infrastructure] of the House of Representatives

an annual report together with such recommendations as the

Secretary deems necessary on (1) the latest annual inventory of

State systems of penalties required by subsection (a) of this

section; (2) the latest annual inventory of State systems for the

issuance of special permits required by subsection (b) of this

section; (3) the annual certification submitted by each State

required by section 141(b) of title 23, United States Code."

[For termination, effective May 15, 2000, of reporting provisions

in section 123(c) of Pub. L. 95-599, set out above, see section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance, and page 135 of House Document

No. 103-7.]

-End-

-CITE-

23 USC Sec. 142 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 142. Public transportation

-STATUTE-

(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 high occupancy vehicle lanes, highway traffic control

devices, bus passenger loading areas and facilities (including

shelters), and fringe and transportation corridor parking

facilities to serve high occupancy vehicle and public mass

transportation passengers, and sums apportioned under section

104(b) of this title shall be available to finance the cost of

projects under this paragraph. 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 and the cost of providing shuttle service

to and from the facility (including compensation to any person for

operating the facility and for providing such shuttle service).

(2) In addition to the projects under paragraph (1), the

Secretary may approve as a project on the the (!1) surface

transportation program for payment from sums apportioned under

section 104(b)(3) for carrying out any capital transit project

eligible for assistance under chapter 53 of title 49, capital

improvement to provide access and coordination between intercity

and rural bus service, and construction of facilities to provide

connections between highway transportation and other modes of

transportation.

(b) Sums apportioned in accordance with section 104(b)(4) shall

be available to finance the Federal share of projects for exclusive

or preferential high occupancy vehicle, truck, and emergency

vehicle routes or lanes. Routes constructed under this subsection

shall not be subject to the third sentence of section 109(b) of

this title.

(c) Accommodation of Other Modes of Transportation. - The

Secretary may approve as a project on any Federal-aid system for

payment from sums apportioned under section 104(b) modifications to

existing highway facilities on such system necessary to accommodate

other modes of transportation if such modifications will not

adversely affect automotive safety.

(d) Metropolitan Planning. - Any project carried out under this

section in an urbanized area shall be subject to the metropolitan

planning requirements of section 134.

(e)(1) For all purposes of this title, a project authorized by

subsection (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 surface transportation program,

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 title.

(f) Availability of Rights-of-Way. - In any case where sufficient

land or air space exits (!2) within the publicly acquired

rights-of-way of any highway, constructed in whole or in part with

Federal-aid highway funds, to accommodate needed passenger,

commuter, or high speed rail, magnetic levitation systems, and

highway and nonhighway public mass transit facilities, the

Secretary shall authorize a State to make such lands, air space,

and rights-of-way available with or without charge to a publicly or

privately owned authority or company or any other person for such

purposes if such accommodation will not adversely affect automotive

safety.

(g) The provision of assistance under subsection (a)(2) shall not

be construed as bringing within the 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.

(h) Funds available for expenditure to carry out the purposes of

subsection (a)(2) of this section shall be supplementary to and not

in substitution for funds authorized and available for obligation

pursuant to chapter 53 of title 49.

(i) The provisions of section 5323(a)(1)(D) of title 49 shall

apply in carrying out subsection (a)(2) of this section.

-SOURCE-

(Added Pub. L. 91-605, title I, Sec. 111(a), Dec. 31, 1970, 84

Stat. 1719; amended Pub. L. 93-87, title I, Sec. 121(a), Aug. 13,

1973, 87 Stat. 259; Pub. L. 94-280, title I, Sec. 127, May 5, 1976,

90 Stat. 440; Pub. L. 97-424, title I, Sec. 120, Jan. 6, 1983, 96

Stat. 2111; Pub. L. 102-240, title I, Sec. 1027(a)-(e), title III,

Sec. 3003(b), Dec. 18, 1991, 105 Stat. 1966, 2088; Pub. L. 103-272,

Sec. 5(f)(2), July 5, 1994, 108 Stat. 1374; Pub. L. 103-429, Sec.

7(a)(4)(C), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 105-178, title

I, Sec. 1103(l)(3)(D), (4), June 9, 1998, 112 Stat. 126.)

-REFTEXT-

REFERENCES IN TEXT

Section 209(f)(1) of the Highway Revenue Act of 1956, referred to

in subsec. (e)(2), is set out as a note under section 120 of this

title.

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-178, Sec. 1103(l)(4), substituted

"section 104(b)(4)" for "paragraph (5) of subsection (b) of section

104 of this title".

Subsec. (c). Pub. L. 105-178, Sec. 1103(l)(3)(D), struck out

"(other than section 104(b)(5)(A))" after "section 104(b)".

1994 - Subsec. (a)(2). Pub. L. 103-272, Sec. 5(f)(2)(A),

substituted "chapter 53 of title 49" for "the Federal Transit Act".

Subsec. (h). Pub. L. 103-272, Sec. 5(f)(2)(B), as amended by Pub.

L. 103-429, Sec. 7(a)(4)(C), substituted "chapter 53 of title 49"

for "the Federal Transit Act, as amended".

Subsec. (i). Pub. L. 103-272, Sec. 5(f)(2)(C), as amended by Pub.

L. 103-429, Sec. 7(a)(4)(C), substituted "section 5323(a)(1)(D) of

title 49" for "section 3(e)(4) of the Federal Transit Act, as

amended,".

1991 - Subsec. (a)(2). Pub. L. 102-240, Sec. 1027(a), struck out

", beginning with the fiscal year ending June 30, 1975," after "the

Secretary may", substituted "the surface transportation program"

for "Federal-aid urban system," and substituted "104(b)(3) for

carrying out any capital transit project eligible for assistance

under the Federal Transit Act, capital improvement to provide

access and coordination between intercity and rural bus service,

and construction of facilities to provide connections between

highway transportation and other modes of transportation." for

"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."

Subsec. (c). Pub. L. 102-240, Sec. 1027(b), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows:

"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 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) 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."

Subsec. (d). Pub. L. 102-240, Sec. 1027(c), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "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."

Subsec. (e)(2). Pub. L. 102-240, Sec. 1027(e)(1), substituted

"surface transportation program" for "Federal-aid urban system".

Subsec. (f). Pub. L. 102-240, Sec. 1027(e)(2), (3), redesignated

subsec. (g) as (f) and struck out former subsec. (f) which read as

follows: "No project authorized by this section shall be approved

unless the Secretary of Transportation has received assurances

satisfactory to him from the State that high occupancy vehicles

will fully utilize the proposed project."

Subsec. (g). Pub. L. 102-240, Sec. 1027(e)(3), (4), redesignated

subsec. (h) as (g) and struck out "or subsection (c) of this

section" after "(a)(2)". Former subsec. (g) redesignated (f).

Pub. L. 102-240, Sec. 1027(d), amended subsec. (g) generally.

Prior to amendment, subsec. (g) read as follows: "In any case where

sufficient land exists within the publicly acquired rights-of-way

of any Federal-aid highway to accommodate needed rail or

non-highway 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."

Subsec. (h). Pub. L. 102-240, Sec. 3003(b), substituted "Federal

Transit Act" for "Urban Mass Transportation Act of 1964".

Pub. L. 102-240, Sec. 1027(e)(3), (5), redesignated subsec. (i)

as (h) and struck out "and subsection (c)" after "(a)(2)". Former

subsec. (h) redesignated (g).

Subsec. (i). Pub. L. 102-240, Sec. 3003(b), substituted "Federal

Transit Act" for "Urban Mass Transportation Act of 1964".

Pub. L. 102-240, Sec. 1027(e)(3), (5), redesignated subsec. (j)

as (i) and struck out "and subsection (c)" after "(a)(2)". Former

subsec. (i) redesignated (h).

Subsec. (j). Pub. L. 102-240, Sec. 1027(e)(3), redesignated

subsec. (j) as (i).

Subsec. (k). Pub. L. 102-240, Sec. 1027(e)(2), struck out subsec.

(k) which read as follows: "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."

1983 - Subsec. (a)(1). Pub. L. 97-424, Sec. 120(a), inserted "and

the cost of providing shuttle service to and from the facility"

after "of the facility", and "and for providing such shuttle

service" after "operating the facility".

Pub. L. 97-424, Sec. 120(b)(1), substituted "high occupancy

vehicle lanes" for "bus lanes" after "preferential", and "high

occupancy vehicle and" for "bus and other" after "facilities to

serve".

Subsec. (b). Pub. L. 97-424, Sec. 120(b)(2), substituted "high

occupancy vehicle" for "bus" after "preferential".

Subsec. (f). Pub. L. 97-424, Sec. 120(b)(3), substituted "high

occupancy vehicles" for "public mass transportation systems".

1976 - Subsec. (a)(1). Pub. L. 94-280, Sec. 127(a), inserted

provision that 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).

Subsec. (e)(3). Pub. L. 94-280, Sec. 127(b), substituted "section

120 of this title" for "section 120 of this section".

1973 - Subsec. (a). Pub. L. 93-87 designated existing provisions

as par. (1), substituted "operating motor vehicles (other than on

rail) on Federal-aid highways" for "operating motor vehicles on

highways, other than on rails", struck out "within urbanized areas"

after " 'buses')", inserted "for the movement of persons" after

"Federal-aid systems", and substituted provisions respecting

availability of sums apportioned under section 104(b) of this title

for prior provisions for such sums apportioned in accordance with

pars. (3), (5), and (6) of section 104(b) of this title, and added

par. (2).

Subsec. (b). Pub. L. 93-87 added subsec. (b). Former subsec. (b)

redesignated (d).

Subsec. (c). Pub. L. 93-87 added subsec. (c). Former subsec. (c)

incorporated in subsec. (e)(1), (3) of this section.

Subsec. (d). Pub. L. 93-87 redesignated former subsec. (b) as

(d), inserted "in urbanized areas" after "transportation systems",

and struck out former subsec. (d) provisions which prohibited any

project authorized by this section, other than a project for fringe

or transportation parking facilities, from being approved unless

the project would avoid the construction of a highway project which

increases automobile traffic capacity, would provide a capacity for

the movement of persons at least equal to that which would be

provided by the avoided highway project, and would not exceed in

the amount of the Federal share, the Federal share of the cost of

the avoided highway project; or no other feasible or prudent

highway project could provide the additional capacity for the

movement of persons by motor vehicles on highways (other than on

rails) provided by this project.

Subsec. (e). Pub. L. 93-87 incorporated provisions of former

subsec. (c) in pars. (1) and (3) and added par. (2). Former subsec.

(e) redesignated (f).

Subsec. (f). Pub. L. 93-87 redesignated former subsec. (e) as (f)

and substituted "will fully utilize" for "will have adequate

capability to fully utilize".

Subsecs. (g) to (k). Pub. L. 93-87 added subsecs. (g) to (k).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 7(a) of Pub. L. 103-429 provided in part that the

amendment made by that section is effective July 5, 1994.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by section 1027 of Pub. L. 102-240 effective Dec. 18,

1991, and applicable to funds authorized to be appropriated or made

available after Sept. 30, 1991, and, with certain exceptions, not

applicable to funds appropriated or made available on or before

Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as a

note under section 104 of this title.

RURAL HIGHWAY TRANSPORTATION DEMONSTRATION PROGRAM; APPROPRIATIONS

AUTHORIZATION; PUBLIC NOTICE AND HEARING

Section 147 of Pub. L. 93-87, as amended by Pub. L. 93-643, Sec.

103, Jan. 4, 1975, 88 Stat. 2282; Pub. L. 94-280, title I, Sec.

129, May 5, 1976, 90 Stat. 440; Pub. L. 95-599, title I, Sec. 132,

Nov. 6, 1978, 92 Stat. 2708, provided for authorization of

appropriations of $15,000,000 for the fiscal year ending June 30,

1975, and $60,000,000 for the fiscal year ending June 30, 1976, to

carry out demonstration projects for public mass transportation

projects in rural and small urban areas, authorized availability of

such sums for a period of two years after the close of the fiscal

year for which authorized, and required public notice and hearing

for such projects.

TRANSPORTATION FOR ELDERLY AND HANDICAPPED PERSONS

Pub. L. 93-643, Sec. 105(a), Jan. 4, 1975, 88 Stat. 2282,

provided that: "It is hereby declared to be the national policy

that elderly and handicapped persons have the same right as other

persons to utilize mass transportation facilities and services;

that special efforts shall be made in the planning, design,

construction, and operation of mass transportation facilities and

services so that the availability to elderly and handicapped

persons of mass transportation which they can effectively utilize

will be assured; and that all Federal programs offering assistance

for mass transportation (including the programs under title 23,

United States Code, the Federal-Aid Highway Act of 1973, and this

Act [see Short Title of 1973 Amendment note under 101 of this

title]) effectively implement this policy."

BUS AND OTHER PROJECT STANDARDS

Section 165 of Pub. L. 93-87, as amended by Pub. L. 93-643, Sec.

105(b), Jan. 4, 1975, 88 Stat. 2283, provided that:

"(a) The Secretary of Transportation shall require that buses

acquired with 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 [set out as a note under this section] meet the standards

prescribed by the Administrator of the Environmental Protection

Agency under section 202 of the Clean Air Act [section 7521 of

Title 42, The Public Health and Welfare], and under section 6 of

the Noise Control Act of 1972 [section 4905 of Title 42], 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 Air Act [section 7546 of Title 42], and

for low-noise-emission products set forth in section 15 of the

Noise Control Act of 1972 [section 4914 of Title 42].

"(b) The Secretary of Transportation shall require 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 [set out

as a note above] shall be planned, designed, constructed, and

operated to allow effective utilization by elderly or handicapped

persons who, by reason of illness, injury, age, congenital

malfunction, or other permanent or temporary incapacity or

disability, including those who are nonambulatory wheelchair-bound

and those with semiambulatory capabilities, are unable without

special facilities or special planning or design to utilize such

facilities and services effectively. The Secretary shall not

approve any program or project to which this section applies which

does not comply with the provisions of this subsection requiring

access to public mass transportation facilities, equipment, and

services for elderly or handicapped persons."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 156 of this title; title

15 section 794; title 49 section 5323.

-FOOTNOTE-

(!1) So in original.

(!2) So in original. Probably should be "exists".

-End-

-CITE-

23 USC Sec. 143 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 143. Highway use tax evasion projects

-STATUTE-

(a) State Defined. - In this section, the term "State" means the

50 States and the District of Columbia.

(b) Projects. -

(1) In general. - The Secretary shall carry out highway use tax

evasion projects in accordance with this subsection.

(2) Allocation of funds. - Funds made available to carry out

this section may be allocated to the Internal Revenue Service and

the States at the discretion of the Secretary.

(3) Conditions on funds allocated to internal revenue service.

- The Secretary shall not impose any condition on the use of

funds allocated to the Internal Revenue Service under this

subsection.

(4) Limitation on use of funds. - Funds made available to carry

out this section shall be used only -

(A) to expand efforts to enhance motor fuel tax enforcement;

(B) to fund additional Internal Revenue Service staff, but

only to carry out functions described in this paragraph;

(C) to supplement motor fuel tax examinations and criminal

investigations;

(D) to develop automated data processing tools to monitor

motor fuel production and sales;

(E) to evaluate and implement registration and reporting

requirements for motor fuel taxpayers;

(F) to reimburse State expenses that supplement existing fuel

tax compliance efforts; and

(G) to analyze and implement programs to reduce tax evasion

associated with other highway use taxes.

(5) Maintenance of effort. - The Secretary may not make an

allocation to a State under this subsection for a fiscal year

unless the State certifies that the aggregate expenditure of

funds of the State, exclusive of Federal funds, for motor fuel

tax enforcement activities will be maintained at a level that

does not fall below the average level of such expenditure for the

preceding 2 fiscal years of the State.

(6) Federal share. - The Federal share of the cost of a project

carried out under this subsection shall be 100 percent.

(7) Period of availability. - Funds authorized to carry out

this section shall remain available for obligation for a period

of 3 years after the last day of the fiscal year for which the

funds are authorized.

(8) Use of surface transportation program funding. - In

addition to funds made available to carry out this section, a

State may expend up to 1/4 of 1 percent of the funds

apportioned to the State for a fiscal year under section

104(b)(3) on initiatives to halt the evasion of payment of motor

fuel taxes.

(c) Excise Fuel Reporting System. -

(1) In general. - Not later than August 1, 1998, the Secretary

shall enter into a memorandum of understanding with the

Commissioner of the Internal Revenue Service for the purposes of

the development and maintenance by the Internal Revenue Service

of an excise fuel reporting system (in this subsection referred

to as the "system").

(2) Elements of memorandum of understanding. - The memorandum

of understanding shall provide that -

(A) the Internal Revenue Service shall develop and maintain

the system through contracts;

(B) the system shall be under the control of the Internal

Revenue Service; and

(C) the system shall be made available for use by appropriate

State and Federal revenue, tax, and law enforcement

authorities, subject to section 6103 of the Internal Revenue

Code of 1986.

(3) Funding priority. - Of the amounts made available to carry

out this section for each of fiscal years 1998 through 2003, and

prior to funding any other activity under this section, the

Secretary shall make available sufficient funds to the Internal

Revenue Service to establish and operate an automated fuel

reporting system.

-SOURCE-

(Added Pub. L. 91-605, title I, Sec. 127(a), Dec. 31, 1970, 84

Stat. 1729; amended Pub. L. 93-87, title I, Sec. 122, Aug. 13,

1973, 87 Stat. 261; Pub. L. 105-178, title I, Sec. 1114(a), (c),

June 9, 1998, 112 Stat. 152; Pub. L. 105-206, title IX, Sec.

9002(h), July 22, 1998, 112 Stat. 836.)

-REFTEXT-

REFERENCES IN TEXT

Section 6103 of the Internal Revenue Code of 1986, referred to in

subsec. (c)(2)(C), is classified to section 6103 of Title 26,

Internal Revenue Code.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 102-240, title I, Sec. 1040, Dec. 18, 1991, 105 Stat. 1992,

as amended, which was set out as a note under section 101 of this

title, prior to repeal by Pub. L. 105-178, Sec. 1114(b)(2).

AMENDMENTS

1998 - Pub. L. 105-178 amended section catchline and text

generally, substituting provisions relating to highway use tax

evasion projects for provisions relating to economic growth center

development highways.

Subsec. (c)(1). Pub. L. 105-178, Sec. 1114(c)(1), as added by

Pub. L. 105-206, Sec. 9002(h), substituted "August 1" for "April

1".

Subsec. (c)(3). Pub. L. 105-178, Sec. 1114(c)(2), (3), as added

by Pub. L. 105-206, Sec. 9002(h), in heading inserted "priority"

after "Funding" and in text inserted "and prior to funding any

other activity under this section," after "2003,".

1973 - Subsec. (a). Pub. L. 93-87, Sec. 122(a), (c), substituted

"projects" for "demonstration projects" and "a Federal-aid system

(other than the Interstate System)" for "the Federal-aid primary

system" and deleted "to demonstrate the role that highways can

play" before "to promote".

Subsec. (b). Pub. L. 93-87, Sec. 122(a), substituted "projects"

for "demonstration projects" and "a Federal-aid system (other than

the Interstate System)" for "the Federal-aid primary system".

Subsec. (c). Pub. L. 93-87, Sec. 122(a), substituted "project"

for "demonstration project" and "a Federal-aid system (other than

the Interstate System)" for "the Federal-aid primary system".

Subsec. (d). Pub. L. 93-87, Sec. 122(a), substituted "highways on

the Federal-aid system on which such development highway is

located" for "Federal-aid primary highways".

Subsec. (e). Pub. L. 93-87, Sec. 122(b), inserted introductory

text "Except as otherwise provided in subsection (c) of this

section," and substituted "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" for "the

Federal share of the cost of any project for construction,

reconstruction, or improvement of a development highway under this

section shall be increased by not to exceed an additional 20 per

centum of the cost of such project, except that in no case shall

the Federal share exceed 95 per centum of the cost of such

project".

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

this title.

HIGHWAY USE TAX EVASION PROJECTS

Pub. L. 102-240, title VIII, Sec. 8002(g), (h), Dec. 18, 1991,

105 Stat. 2204, 2205, as amended by Pub. L. 105-178, title I, Sec.

1114(b)(3), June 9, 1998, 112 Stat. 154, provided that:

"(g) Use of Revenues for Enforcement of Highway Trust Fund Taxes.

- The Secretary of Transportation shall not impose any condition on

the use of funds transferred under section 143 of title 23, United

States Code, to the Internal Revenue Service. The Secretary of the

Treasury shall, at least 60 days before the beginning of each

fiscal year (after fiscal year 1992) for which such funds are to be

transferred, submit a report to the Committee on Ways and Means of

the House of Representatives and the Committee on Finance of the

Senate detailing the increased enforcement activities to be

financed with such funds with respect to taxes referred to in

section 9503(b)(1) of the Internal Revenue Code of 1986 [26 U.S.C.

9503(b)(1)].

"[(h) Repealed. Pub. L. 105-178, title I, Sec. 1114(b)(3)(B),

June 9, 1998, 112 Stat. 154.]"

-End-

-CITE-

23 USC Sec. 144 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 144. Highway bridge replacement and rehabilitation program

-STATUTE-

(a) Congress hereby finds and declares it to be in the vital

interest of the Nation that a highway bridge replacement and

rehabilitation program be established to enable the several States

to replace or rehabilitate highway bridges over waterways, other

topographical barriers, other highways, or railroads when the

States and the Secretary finds that a bridge is significantly

important and is unsafe because of structural deficiencies,

physical deterioration, or functional obsolescence.

(b) The Secretary, in consultation with the States, shall (1)

inventory all those highway bridges on any Federal-aid system which

are bridges over waterways, other topographical barriers, other

highways, and railroads; (2) classify them according to

serviceability, safety, and essentiality for public use; (3) based

on that classification, assign each a priority for replacement or

rehabilitation; and (4) determine the cost of replacing each such

bridge with a comparable facility or of rehabilitating such bridge.

(c)(1) The Secretary, in consultation with the States, shall (1)

inventory all those highway bridges on public roads, other than

those on any Federal-aid system, which are bridges over waterways,

other topographical barriers, other highways, and railroads, (2)

classify them according to serviceability, safety, and essentiality

for public use, (3) based on the classification, assign each a

priority for replacement or rehabilitation and (4) determine the

cost of replacing each such bridge with a comparable facility or of

rehabilitating such bridge.

(2) The Secretary may, at the request of a State, inventory

bridges, on and off the Federal-aid system, for historic

significance.

(3) Inventory of indian reservation and park bridges. - As part

of the activities carried out under paragraph (1), the Secretary,

in consultation with the Secretary of the Interior, shall (A)

inventory all those highway bridges on Indian reservation roads and

park roads which are bridges over waterways, other topographical

barriers, other highways, and railroads, (B) classify them

according to serviceability, safety, and essentiality for public

use, (C) based on the classification, assign each a priority for

replacement or rehabilitation, and (D) determine the cost of

replacing each such bridge with a comparable facility or of

rehabilitating such bridge.

(d) Whenever any State or States make application to the

Secretary for assistance in replacing or rehabilitating a highway

bridge which the priority system established under subsection (b)

and (c) of this section shows to be eligible, the Secretary may

approve Federal participation in replacing such bridge with a

comparable facility or in rehabilitating such bridge. Whenever any

State makes application to the Secretary for assistance in painting

and seismic retrofit, or applying calcium magnesium acetate, sodium

acetate/formate, or other environmentally acceptable, minimally

corrosive anti-icing and de-icing compositions or installing scour

countermeasures to, the structure of a highway bridge, the

Secretary may approve Federal participation in the painting or

seismic retrofit of, or application of such acetate or sodium

acetate/formate or such anti-icing or de-icing composition or

installation of such countermeasures to, such structure. The

Secretary shall determine the eligibility of highway bridges for

replacement or rehabilitation for each State based upon the unsafe

highway bridges in such State, except that a State may carry out a

project for seismic retrofit of a bridge under this section without

regard to whether the bridge is eligible for replacement or

rehabilitation under this section. In approving projects (other

than projects for bridge structure painting or seismic retrofit or

application of such acetate or sodium acetate/formate or such

anti-icing or de-icing composition or installation of such

countermeasures) under this section, the Secretary shall give

consideration to those projects which will remove from service

those highway bridges most in danger of failure.

(e) Funds authorized to carry out this section shall be

apportioned among the several States on October 1 of the fiscal

year for which authorized in accordance with this subsection. Each

deficient bridge shall be placed into one of the following

categories: (1) Federal-aid system bridges eligible for

replacement, (2) Federal-aid system bridges eligible for

rehabilitation, (3) off-system bridges eligible for replacement,

and (4) off-system bridges eligible for rehabilitation. The square

footage of deficient bridges in each category shall be multiplied

by the respective unit price on a State-by-State basis, as

determined by the Secretary; and the total cost in each State

divided by the total cost of the deficient bridges in all States

shall determine the apportionment factors. For purposes of the

preceding sentence, the total cost of deficient bridges in a State

and in all States shall be reduced by the total cost of any highway

bridges constructed under subsection (m) in such State, relating to

replacement of destroyed bridges and ferryboat services, and, if a

State transfers funds apportioned to the State under this section

in a fiscal year beginning after September 30, 1997, to any other

apportionment of funds to such State under this title, the total

cost of deficient bridges in such State and in all States to be

determined for the succeeding fiscal year shall be reduced by the

amount of such transferred funds. No State shall receive more than

10 per centum or less than 0.25 per centum of the total

apportionment for any one fiscal year. The Secretary shall make

these determinations based upon the latest available data, which

shall be updated annually. Funds apportioned under this section

shall be available for expenditure for the same period as funds

apportioned for projects on the Federal-aid primary system under

this title. Any funds not obligated at the expiration of such

period shall be reapportioned by the Secretary to the other States

in accordance with this subsection. The use of funds authorized

under this section to carry out a project for the seismic retrofit

of a bridge shall not affect the apportionment of funds under this

section.

(f) The Federal share payable on account of any project under

this section shall be 80 per centum of the cost thereof.

(g) Set Asides. -

(1) Discretionary bridge program. -

(A) Fiscal years 1992 through 1997. - Of the amounts

authorized for each of fiscal years 1992, 1993, 1994, 1995,

1996, and 1997 by section 103 of the Intermodal Surface

Transportation Efficiency Act of 1991, all but $57,000,000 in

the case of fiscal year 1992, $68,000,000 in the case of fiscal

years 1993 and 1994, and $69,000,000 in the case of fiscal

years 1995, 1996, and 1997 shall be apportioned as provided in

subsection (e) of this section. $49,000,000 in the case of

fiscal year 1992, $59,500,000 in the case of fiscal years 1993

and 1994, and $60,500,000 in the case of fiscal years 1995,

1996, and 1997 of the amount authorized for each of such fiscal

years shall be available for obligation on the date of each

such apportionment in the same manner and to the same extent as

the sums apportioned on such date, except that the obligation

of $49,000,000 in the case of fiscal year 1992, $59,500,000 in

the case of fiscal years 1993 and 1994, and $60,500,000 in the

case of fiscal years 1995, 1996, and 1997 shall be at the

discretion of the Secretary, and $8,500,000 per fiscal year

($8,000,000 in the case of fiscal year 1992) of the amount

authorized for each of such fiscal years shall be available in

accordance with section 1039 of the Intermodal Surface

Transportation Efficiency Act of 1991, relating to highway

timber bridges.

(B) Fiscal year 1998. - Of the amounts authorized to be

appropriated to carry out the bridge program under this section

for fiscal year 1998, all but $25,000,000 shall be apportioned

as provided in subsection (e) of this section. Such $25,000,000

shall be available only for projects for the seismic retrofit

of a bridge described in subsection (l).

(C) Fiscal years 1999 through 2003. - Of the amounts

authorized to be appropriated to carry out the bridge program

under this section for each of fiscal years 1999 through 2003,

all but $100,000,000 shall be apportioned as provided in

subsection (e). Such $100,000,000 shall be available at the

discretion of the Secretary; except that not to exceed

$25,000,000 shall be available only for projects for the

seismic retrofit of bridges, including projects in the New

Madrid fault region.

(2) Eligible discretionary projects. - Subject to section

149(d) of the Federal-Aid Highway Act of 1987, amounts made

available by paragraph (1) for obligation at the discretion of

the Secretary may be obligated only -

(A) for a project for a highway bridge the replacement or

rehabilitation cost of which is more than $10,000,000, and

(B) for a project for a highway bridge the replacement or

rehabilitation cost of which is less than $10,000,000 if such

cost is at least twice the amount apportioned to the State in

which such bridge is located under subsection (e) for the

fiscal year in which application is made for a grant for such

bridge.

(3) Off-system bridges. - Not less than 15 percent nor more

than 35 percent of the amount apportioned to each State in each

of fiscal years 1987 through 2003 shall be expended for projects

to replace, rehabilitate, paint or seismic retrofit, or apply

calcium magnesium acetate, sodium acetate/formate, or other

environmentally acceptable, minimally corrosive anti-icing and

de-icing compositions or install scour countermeasures to highway

bridges located on public roads, other than those on a

Federal-aid highway. The Secretary, after consultation with State

and local officials, may, with respect to such State, reduce the

requirement for expenditure for bridges not on a Federal-aid

highway when the Secretary determines that such State has

inadequate needs to justify such expenditure.

(h) Notwithstanding any other provision of law, the General

Bridge Act of 1946 (33 U.S.C. 525-533) shall apply to bridges

authorized to be replaced, in whole or in part, by this section,

except that subsection (b) of section 502 of such Act of 1946 and

section 9 of the Act of March 3, 1899 (30 Stat. 1151) shall not

apply to any bridge constructed, reconstructed, rehabilitated, or

replaced with assistance under this title, if such bridge is over

waters (1) which are not used and are not susceptible to use in

their natural condition or by reasonable improvement as a means to

transport interstate or foreign commerce, and (2) which are (a) not

tidal, or (b) if tidal, used only by recreational boating, fishing,

and other small vessels less than 21 feet in length.

(i) Inventories and Reports. - The Secretary shall -

(1) report to the Committee on Environment and Public Works of

the Senate and the Committee on Transportation and Infrastructure

of the House of Representatives on projects approved under this

section;

(2) annually revise the current inventories authorized by

subsections (b) and (c) of this section;

(3) report to such committees on such inventories; and

(4) report to such committees such recommendations as the

Secretary may have for improvements of the program authorized by

this section.

Such reports shall be submitted to such committees biennially at

the same time as the report required by section 307(f) (!1) of this

title is submitted to Congress.

(j) Sums apportioned to a State under this section shall be made

available for obligation throughout such State on a fair and

equitable basis.

(k) Not later than six months after the date of enactment of this

subsection, and periodically thereafter, the Secretary shall review

the procedure used in approving or disapproving applications

submitted under this section to determine what changes, if any, may

be made to expedite such procedure. Any such changes shall be

implemented by the Secretary as soon as possible. Not later than

nine months after the date of enactment of this subsection, the

Secretary shall submit a report to Congress which describes such

review and such changes, including any recommendations for

legislative changes.

(l) Notwithstanding any other provision of law, any bridge which

is owned and operated by an agency (1) which does not have taxing

powers, (2) whose functions include operating a federally assisted

public transit system subsidized by toll revenues, shall be

eligible for assistance under this section but the amount of such

assistance shall in no event exceed the cumulative amount which

such agency has expended for capital and operating costs to

subsidize such transit system. Before authorizing an expenditure of

funds under this subsection, the Secretary shall determine that the

applicant agency has insufficient reserves, surpluses, and

projected revenues (over and above those required for bridge and

transit capital and operating costs) to fund the necessary bridge

replacement or rehabilitation project. Any non-Federal funds

expended for the seismic retrofit of the bridge may be credited

toward the non-Federal share required as a condition of receipt of

any Federal funds for seismic retrofit of the bridge made available

after the date of the expenditure.

(m) Replacement of Destroyed Bridges and Ferryboat Service. -

(1) General rule. - Notwithstanding any other provision of this

section or of any other provision of law, a State may utilize any

of the funds provided under this section to construct any bridge

which -

(A) replaces any low water crossing (regardless of the length

of such low water crossing),

(B) replaces any bridge which was destroyed prior to 1965,

(C) replaces any ferry which was in existence on January 1,

1984, or

(D) replaces any road bridges rendered obsolete as a result

of United States Corps of Engineers flood control or

channelization projects and not rebuilt with funds from the

United States Corps of Engineers.

(2) Federal share. - The Federal share payable on any bridge

construction carried out under paragraph (1) shall be 80 percent

of the cost of such construction.

(n) Off-System Bridge Program. - Notwithstanding any other

provision of law, with respect to any project not on a Federal-aid

highway for the replacement of a bridge or rehabilitation of a

bridge which is wholly funded from State and local sources, is

eligible for Federal funds under this section, is noncontroversial,

is certified by the State to have been carried out in accordance

with all standards applicable to such projects under this section,

and is determined by the Secretary upon completion to be no longer

a deficient bridge, any amount expended after the date of the

enactment of this subsection from State and local sources for such

project in excess of 20 percent of the cost of construction thereof

may be credited to the non-Federal share of the cost of the

projects in such State which are eligible for Federal funds under

this section. Such crediting shall be in accordance with such

procedures as the Secretary may establish.

(o) Historic Bridge Program. -

(1) Coordination. - The Secretary shall, in cooperation with

the States, implement the programs described in this section in a

manner that encourages the inventory, retention, rehabilitation,

adaptive reuse, and future study of historic bridges.

(2) State inventory. - The Secretary shall require each State

to complete an inventory of all bridges on and off the

Federal-aid system to determine their historic significance.

(3) Eligibility. - Reasonable costs associated with actions to

preserve, or reduce the impact of a project under this chapter

on, the historic integrity of historic bridges shall be eligible

as reimbursable project costs under this title (including this

section) if the load capacity and safety features of the bridge

are adequate to serve the intended use for the life of the

bridge; except that in the case of a bridge which is no longer

used for motorized vehicular traffic, the costs eligible as

reimbursable project costs pursuant to this subsection shall not

exceed the estimated cost of demolition of such bridge.

(4) Preservation. - Any State which proposes to demolish a

historic bridge for a replacement project with funds made

available to carry out this section shall first make the bridge

available for donation to a State, locality, or responsible

private entity if such State, locality, or responsible entity

enters into an agreement to -

(A) maintain the bridge and the features that give it its

historic significance; and

(B) assume all future legal and financial responsibility for

the bridge, which may include an agreement to hold the State

highway agency harmless in any liability action.

Costs incurred by the State to preserve the historic bridge,

including funds made available to the State, locality, or private

entity to enable it to accept the bridge, shall be eligible as

reimbursable project costs under this chapter up to an amount not

to exceed the cost of demolition. Any bridge preserved pursuant

to this paragraph shall thereafter not be eligible for any other

funds authorized pursuant to this title.

(5) Historic bridge defined. - As used in this subsection,

"historic bridge" means any bridge that is listed on, or eligible

for listing on, the National Register of Historic Places.

(p) Applicability of State Standards for Projects. - A project

not on a Federal-aid highway under this section shall be designed,

constructed, operated, and maintained in accordance with State

laws, regulations, directives, safety standards, design standards,

and construction standards.

(q) As used in this section the term "rehabilitate" in any of its

forms means major work necessary to restore the structural

integrity of a bridge as well as work necessary to correct a major

safety defect.

-SOURCE-

(Added Pub. L. 91-605, title II, Sec. 204(a), Dec. 31, 1970, 84

Stat. 1741; amended Pub. L. 93-87, title II, Sec. 204, Aug. 13,

1973, 87 Stat. 284; Pub. L. 93-643, Sec. 113, Jan. 4, 1975, 88

Stat. 2286; Pub. L. 95-599, title I, Sec. 124(a), Nov. 6, 1978, 92

Stat. 2702; Pub. L. 96-106, Secs. 7, 8(a), Nov. 9, 1979, 93 Stat.

797; Pub. L. 97-327, Sec. 5(c), Oct. 15, 1982, 96 Stat. 1612; Pub.

L. 97-424, title I, Secs. 121(a), 122(a), Jan. 6, 1983, 96 Stat.

2111, 2112; Pub. L. 100-17, title I, Secs. 123(a)-(d)(1), (3), (e),

(f)(2), 128, 133(b)(11), Apr. 2, 1987, 101 Stat. 161-163, 167, 172;

Pub. L. 102-240, title I, Sec. 1028(a)-(f), Dec. 18, 1991, 105

Stat. 1967, 1968; Pub. L. 103-220, Sec. 1, Mar. 17, 1994, 108 Stat.

100; Pub. L. 104-59, title III, Secs. 318, 325(b), Nov. 28, 1995,

109 Stat. 588, 592; Pub. L. 105-178, title I, Secs. 1109,

1115(f)(3); June 9, 1998, 112 Stat. 141; Pub. L. 105-206, title IX,

Sec. 9002(i), July 22, 1998, 112 Stat. 836.)

-REFTEXT-

REFERENCES IN TEXT

Section 103 of the Intermodal Surface Transportation Efficiency

Act of 1991, referred to in subsec. (g)(1)(A), probably means

section 1003 of Pub. L. 102-240, title I, Dec. 18, 1991, 105 Stat.

1918, which is not classified to the Code. Pub. L. 102-240 does not

contain a section 103.

Section 1039 of the Intermodal Surface Transportation Efficiency

Act of 1991, referred to in subsec. (g)(1)(A), is section 1039 of

Pub. L. 102-240, which is set out as a note below.

Section 149(d) of the Federal-Aid Highway Act of 1987, referred

to in subsec. (g)(2), is section 149(d) of Pub. L. 100-17, which is

not classified to the Code.

The General Bridge Act of 1946, referred to in subsec. (h), is

title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended,

which is classified generally to subchapter III (Sec. 525 et seq.)

of chapter 11 of Title 33, Navigation and Navigable Waters. For

complete classification of this Act to the Code, see Short Title

note set out under section 525 of Title 33 and Tables.

Section 502(b) of such Act of 1946, referred to in subsec. (h),

in section 502(b) of act Aug. 2, 1946, which is classified to

section 525(b) of Title 33.

Section 9 of the Act of March 3, 1899, referred to in subsec.

(h), is section 9 of act Mar. 3, 1899, ch. 425, 30 Stat. 1151,

which is classified to section 401 of Title 33.

Section 307 of this title, referred to in subsec. (i), was

repealed by Pub. L. 105-178, title V, Sec. 5119(b), June 9, 1998,

112 Stat. 452.

The date of enactment of this subsection, referred to in subsec.

(k), is Nov. 6, 1978, the date of enactment of Pub. L. 95-599.

The date of the enactment of this subsection, referred to in

subsec. (n), is the date of enactment of Pub. L. 100-17, which was

approved Apr. 2, 1987.

-MISC1-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-178, Sec. 1109(d)(1), (2),

inserted ", sodium acetate/formate, or other environmentally

acceptable, minimally corrosive anti-icing and de-icing

compositions or installing scour countermeasures" after "magnesium

acetate" and inserted "or sodium acetate/formate or such anti-icing

or de-icing composition or installation of such countermeasures"

after "such acetate" in two places.

Subsec. (e). Pub. L. 105-178, Sec. 1109(a), inserted ", and, if a

State transfers funds apportioned to the State under this section

in a fiscal year beginning after September 30, 1997, to any other

apportionment of funds to such State under this title, the total

cost of deficient bridges in such State and in all States to be

determined for the succeeding fiscal year shall be reduced by the

amount of such transferred funds" after "destroyed bridges and

ferryboat services".

Subsec. (g)(1). Pub. L. 105-178, Sec. 1109(b), designated

existing provisions as subpar. (A), inserted heading, realigned

margins, and added subpars. (B) and (C).

Subsec. (g)(3). Pub. L. 105-178, Sec. 1109(c), (d)(3),

substituted "through 2003" for "1988, 1989, 1990, 1991, 1992, 1993,

1994, 1995, 1996, and 1997,", substituted "Federal-aid highway" for

"Federal-aid system" in two places, and inserted ", sodium

acetate/formate, or other environmentally acceptable, minimally

corrosive anti-icing and de-icing compositions or install scour

countermeasures" after "magnesium acetate".

Subsec. (g)(4). Pub. L. 105-178, Sec. 1115(f)(3), as added by

Pub. L. 105-206, Sec. 9002(i), struck out heading and text of par.

(4). Text read as follows: "Not less than 1 percent of the amount

apportioned to each State which has an Indian reservation within

its boundaries for each fiscal year shall be expended for projects

to replace, rehabilitate, paint, or apply calcium magnesium acetate

to highway bridges located on Indian reservation roads. Upon

determining a State bridge apportionment and before transferring

funds to the States, the Secretary shall transfer the Indian

reservation bridge allocation under this paragraph to the Secretary

of the Interior for expenditure pursuant to this paragraph. The

Secretary, after consultation with State and Indian tribal

government officials and with the concurrence of the Secretary of

the Interior, may, with respect to such State, reduce the

requirement for expenditure for bridges under this paragraph when

the Secretary determines that there are inadequate needs to justify

such expenditure. The non-Federal share payable on account of such

a project may be provided from funds made available for Indian

reservation roads under chapter 2 of this title."

Subsec. (n). Pub. L. 105-178, Sec. 1109(e), substituted

"Federal-aid highway" for "Federal-aid system".

1995 - Subsec. (i)(1). Pub. L. 104-59, Sec. 325(b), substituted

"Committee on Transportation and Infrastructure" for "Committee on

Public Works and Transportation".

Subsec. (l). Pub. L. 104-59, Sec. 318, inserted at end "Any

non-Federal funds expended for the seismic retrofit of the bridge

may be credited toward the non-Federal share required as a

condition of receipt of any Federal funds for seismic retrofit of

the bridge made available after the date of the expenditure."

1994 - Subsec. (d). Pub. L. 103-220, Sec. 1(1), inserted before

period at end of third sentence ", except that a State may carry

out a project for seismic retrofit of a bridge under this section

without regard to whether the bridge is eligible for replacement or

rehabilitation under this section".

Subsec. (e). Pub. L. 103-220, Sec. 1(2), inserted at end "The use

of funds authorized under this section to carry out a project for

the seismic retrofit of a bridge shall not affect the apportionment

of funds under this section."

1991 - Subsec. (c)(3). Pub. L. 102-240, Sec. 1028(a), added par.

(3).

Subsec. (d). Pub. L. 102-240, Sec. 1028(b), inserted "Whenever

any State makes application to the Secretary for assistance in

painting and seismic retrofit, or applying calcium magnesium

acetate to, the structure of a highway bridge, the Secretary may

approve Federal participation in the painting or seismic retrofit

of, or application of such acetate to, such structure." after first

sentence and "(other than projects for bridge structure painting or

seismic retrofit or application of such acetate)" after "projects"

in last sentence.

Subsec. (f). Pub. L. 102-240, Sec. 1028(c), substituted "project"

for "highway bridge replaced or rehabilitated".

Subsec. (g)(1). Pub. L. 102-240, Sec. 1028(d), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "Of the

amount authorized per fiscal year for each of fiscal years 1987,

1988, 1989, 1990, and 1991 by section 106(a)(5) of the Federal-Aid

Highway Act of 1987, all but $225,000,000 per fiscal year shall be

apportioned as provided in subsection (e) of this section.

$225,000,000 per fiscal year of the amount authorized for each of

such fiscal years shall be available for obligation on the date of

each such apportionment in the same manner and to the same extent

as the sums apportioned on such date, except that the obligation of

such $225,000,000 shall, subject to section 149(d) of the

Federal-Aid Highway Act of 1987, be at the discretion of the

Secretary."

Subsec. (g)(3). Pub. L. 102-240, Sec. 1028(e)(1), substituted

"1991, 1992, 1993, 1994, 1995, 1996, and 1997" for "and 1991" and

", rehabilitate, paint or seismic retrofit, or apply calcium

magnesium acetate to" for "or rehabilitate".

Subsec. (g)(4). Pub. L. 102-240, Sec. 1028(f), added par. (4).

Subsecs. (p), (q). Pub. L. 102-240, Sec. 1028(e)(2), added

subsec. (p) and redesignated former subsec. (p) as (q).

1987 - Subsec. (e). Pub. L. 100-17, Sec. 133(b)(11), inserted at

end "Funds apportioned under this section shall be available for

expenditure for the same period as funds apportioned for projects

on the Federal-aid primary system under this title. Any funds not

obligated at the expiration of such period shall be reapportioned

by the Secretary to the other States in accordance with this

subsection."

Pub. L. 100-17, Sec. 123(d)(3), inserted after third sentence

"For purposes of the preceding sentence, the total cost of

deficient bridges in a State and in all States shall be reduced by

the total cost of any highway bridges constructed under subsection

(m) in such State, relating to replacement of destroyed bridges and

ferryboat services."

Subsec. (g). Pub. L. 100-17, Sec. 123(a), amended subsec. (g)

generally, revising and restating as pars. (1) to (3) provisions

formerly contained in pars. (1) and (2).

Subsec. (h). Pub. L. 100-17, Sec. 123(b), substituted "(1)" for

"which are not subject to the ebb and flow of the tide, and" and

added cl. (2).

Subsec. (i). Pub. L. 100-17, Sec. 128, substituted "307(f)" for

"307(e)" in last sentence.

Pub. L. 100-17, Sec. 123(c), amended subsec. (i) generally. Prior

to amendment, subsec. (i) read as follows: "The Secretary shall

report annually on projects approved under this section, shall

annually revise and report the current inventories authorized by

subsections (b) and (c) of this section, and shall report such

recommendations as he may have for improvement of the program

authorized by this section."

Subsec. (m). Pub. L. 100-17, Sec. 123(d)(1), added subsec. (m).

Former subsec. (m) redesignated (p).

Subsec. (n). Pub. L. 100-17, Sec. 123(e), which directed that

this section be amended by adding subsec. (n) after subsec. (l),

was executed by adding subsec. (n) after subsec. (m), to reflect

the probable intent of Congress.

Subsec. (o). Pub. L. 100-17, Sec. 123(f)(2), which directed that

this section be amended by adding subsec. (o) after subsec. (l),

was executed by adding subsec. (o) after subsec. (n), to reflect

the probable intent of Congress.

Subsec. (p). Pub. L. 100-17, Sec. 123(d)(1), redesignated former

subsec. (m) as (p).

1983 - Subsec. (e). Pub. L. 97-424, Sec. 121(a), substituted

provisions setting forth categorization, formula for apportionment

factors, and limitations respecting deficient bridges for

provisions relating to apportionment of funds for fiscal years

ending Sept. 30, 1979, through Sept. 30, 1983, availability for

expenditure of such funds, and reapportionment by the Secretary.

Pub. L. 97-327, Sec. 5(c)(1), substituted "September 30, 1982,

and September 30, 1983" for "and September 30, 1982".

Subsec. (g). Pub. L. 97-424, Sec. 122(a), designated existing

provisions as par. (1), struck out provisions added by section

5(c)(2) of Pub. L. 97-327 relating to apportionment of amounts for

fiscal year ending Sept. 30, 1983, and added par. (2).

Pub. L. 97-327, Sec. 5(c)(2), inserted provision that, of the

amount authorized for the fiscal year ending September 30, 1983, by

paragraph (1) of section 5(a) of the Federal-Aid Highway Act of

1982, all but $200,000,000 (multiplied by the factor determined

under section 4(a) of such Act) be apportioned, and that

$200,000,000 (multiplied by such factor) of the amount authorized

for such fiscal year be available for obligation on the date of

each such apportionment in the same manner and to the same extent

as the sums apportioned on such date with specific limitations

applicable to the obligation of such $200,000,000.

1979 - Subsec. (d). Pub. L. 96-106, Sec. 7(a), substituted "such

bridge with a comparable facility or in rehabilitating such bridge"

for "or rehabilitating such bridge with a comparable facility".

Subsec. (g). Pub. L. 96-106, Sec. 8(a), inserted ", and for any

project for a highway bridge the replacement or rehabilitation

costs of which is less than $10,000,000 if such costs is at least

twice the amount apportioned to the State in which such bridge is

located under subsection (e) of this section for the fiscal year in

which application is made for a grant for such bridge".

Subsec. (m). Pub. L. 96-106, Sec. 7(b), substituted "major work"

for "major repairs".

1978 - Subsec. (a). Pub. L. 95-599 substituted provisions

relating to Congressional findings as to highway bridge replacement

and rehabilitation for provisions relating to Congressional

findings as to special bridge replacement.

Subsec. (b). Pub. L. 95-599 added cl. (4).

Subsec. (c). Pub. L. 95-599 added subsec. (c). Former subsec. (c)

redesignated (d).

Subsec. (d). Pub. L. 95-599 redesignated former subsec. (c) as

(d) and among other amendments struck out provisions requiring

Secretary to consider economy of area and approval of projects

without regard to allocation formulas under this title.

Subsec. (e). Pub. L. 95-599 added subsec. (e). Former subsec. (e)

redesignated (g).

Subsec. (f). Pub. L. 95-599 redesignated former subsec. (d) as

(f), substituted "80" for "75", and inserted "highway" after

"account of any". Former subsec. (f) was struck out.

Subsec. (g). Pub. L. 95-599 redesignated former subsec. (e) as

(g) and inserted provisions authorizing appropriations for fiscal

years ending Sept. 30, 1979 through Sept. 30, 1982. Former subsec.

(g) redesignated (h).

Subsec. (h). Pub. L. 95-599 redesignated former subsec. (g) as

(h) and inserted provisions relating to exceptions to applications

of the General Bridge Act of 1946. Former subsec. (h) redesignated

(i).

Subsec. (i). Pub. L. 95-599 redesignated former subsec. (h) as

(i) and inserted provisions relating to revision and report of

current inventories.

Subsecs. (j) to (m). Pub. L. 95-599 added subsecs. (j) to (m).

1975 - Subsec. (e). Pub. L. 93-643 increased appropriations

authorization to $125,000,000 from $75,000,000 for fiscal year

ending June 30, 1976.

1973 - Subsec. (e). Pub. L. 93-87, Sec. 204(a), provided for

appropriations authorization of $25,000,000, $75,000,000, and

$75,000,000 for fiscal years ending June 30, 1974, 1975, and 1976.

Subsecs. (f) to (h). Pub. L. 93-87, Sec. 204(b), (c), added

subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and

(h), respectively.

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and

applicable to funds authorized to be appropriated or made available

after Sept. 30, 1991, and, with certain exceptions, not applicable

to funds appropriated or made available on or before Sept. 30,

1991, see section 1100 of Pub. L. 102-240, set out as a note under

section 104 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 123(d)(2) of Pub. L. 100-17 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to funds

apportioned to the States under section 144 of title 23, United

States Code, after September 30, 1986."

EFFECTIVE DATE OF 1983 AMENDMENT

Section 121(b) of Pub. L. 97-424 provided that: "The amendment

made by subsection (a) of this section [amending this section]

shall take effect October 1, 1982, and shall apply with respect to

each fiscal year beginning on or after such date. Notwithstanding

subsection (e) of section 144 of title 23, United States Code, as

soon as practical after the date of enactment of this Act [Jan. 6,

1983], the Secretary of Transportation shall apportion under such

subsection (e), as amended by subsection (a) of this section, sums

authorized to be appropriated to carry out such section 144 for the

fiscal year ending September 30, 1983."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (i)(1), (3), and (4) of this section, see section 3003

of Pub. L. 104-66, as amended, set out as a note under section 1113

of Title 31, Money and Finance, and page 135 of House Document No.

103-7.

NATIONAL HISTORIC COVERED BRIDGE PRESERVATION

Pub. L. 105-178, title I, Sec. 1224, as added by Pub. L. 105-206,

title IX, Sec. 9003(a), July 22, 1998, 112 Stat. 837, provided

that:

"(a) Historic Covered Bridge Defined. - In this section, the term

'historic covered bridge' means a covered bridge that is listed or

eligible for listing on the National Register of Historic Places.

"(b) Historic Covered Bridge Preservation. - Subject to the

availability of appropriations under subsection (d), the Secretary

shall -

"(1) collect and disseminate information concerning historic

covered bridges;

"(2) foster educational programs relating to the history and

construction techniques of historic covered bridges;

"(3) conduct research on the history of historic covered

bridges; and

"(4) conduct research, and study techniques, on protecting

historic covered bridges from rot, fire, natural disasters, or

weight-related damage.

"(c) Direct Federal Assistance. -

"(1) In general. - Subject to the availability of

appropriations, the Secretary shall make a grant to a State that

submits an application to the Secretary that demonstrates a need

for assistance in carrying out 1 or more historic covered bridge

projects described in paragraph (2).

"(2) Types of project. - A grant under paragraph (1) may be

made for a project -

"(A) to rehabilitate or repair a historic covered bridge; and

"(B) to preserve a historic covered bridge, including through

-

"(i) installation of a fire protection system, including a

fireproofing or fire detection system and sprinklers;

"(ii) installation of a system to prevent vandalism and

arson; or

"(iii) relocation of a bridge to a preservation site.

"(3) Authenticity. - A grant under paragraph (1) may be made

for a project only if -

"(A) to the maximum extent practicable, the project -

"(i) is carried out in the most historically appropriate

manner; and

"(ii) preserves the existing structure of the historic

covered bridge; and

"(B) the project provides for the replacement of wooden

components with wooden components, unless the use of wood is

impracticable for safety reasons.

"(4) Federal share. - The Federal share of the cost of a

project carried out with a grant under this subsection shall be

80 percent.

"(d) Funding. - There is authorized to be appropriated to carry

out this section $10,000,000 for each of fiscal years 1999 through

2003. Such funds shall remain available until expended."

HIGHWAY TIMBER BRIDGE RESEARCH AND DEMONSTRATION PROGRAM

Section 1039 of Pub. L. 102-240, as amended by Pub. L. 102-388,

title IV, Sec. 408, Oct. 6, 1992, 106 Stat. 1564, provided that:

"(a) Research Grants. - The Secretary may make grants to other

Federal agencies, universities, private businesses, nonprofit

organizations, and any research or engineering entity to carry out

research on 1 or more of the following:

"(1) Development of new, economical highway timber bridge

systems.

"(2) Development of engineering design criteria for structural

wood products for use in highway bridges in order to improve

methods for characterizing lumber design properties.

"(3) Preservative systems for use in highway timber bridges

which demonstrate new alternatives and current treatment

processes and procedures and which are environmentally sound with

respect to application, use, and disposal of treated wood.

"(4) Alternative transportation system timber structures which

demonstrate the development of applications for railing, sign,

and lighting supports, sound barriers, culverts, and retaining

walls in highway applications.

"(5) Rehabilitation measures which demonstrate effective, safe,

and reliable methods for rehabilitating existing highway timber

structures.

"(b) Technology and Information Transfer. - The Secretary shall

take such action as may be necessary to ensure that the information

and technology resulting from research conducted under subsection

(a) is made available to State and local transportation departments

and other interested persons.

"(c) Construction Grants. -

"(1) Authority. - The Secretary shall make grants to States for

construction of highway timber bridges on public roads.

"(2) Applications. - A State interested in receiving a grant

under this subsection must submit an application therefor to the

Secretary. Such application shall be in such form and contain

such information as the Secretary may require by regulation.

"(3) Approval criteria. - The Secretary shall select and

approve applications for grants under this subsection based on

the following criteria:

"(A) Bridge designs which have both initial and long-term

structural and environmental integrity.

"(B) Bridge designs which utilize timber species native to

the State or region.

"(C) Innovative bridge designs which have the possibility of

increasing knowledge, cost effectiveness, and future use of

such designs.

"(D) Environmental practices for preservative treated timber,

and construction techniques which comply with all environmental

regulations, will be utilized.

"(d) Federal Share. - The Federal share of the costs of research

and construction projects carried out under this section shall be

80 percent.

"(e) Funding. - From the funds reserved from apportionment under

section 144(g)(1) of title 23, United States Code, for each of

fiscal years 1992, 1993, 1994, 1995, 1996, and 1997 -

"(1) $1,000,000 shall be available to the Secretary for

carrying out subsections (a) and (b); and

"(2) $7,500,000 ($7,000,000 in the case of fiscal year 1992)

shall be available to the Secretary for carrying out subsection

(c).

Such sums shall remain available until expended.

"(f) State Defined. - For purposes of this section, the term

'State' has the meaning such term has under section 101 of title

23, United States Code."

FEASIBILITY OF INTERNATIONAL BORDER HIGHWAY INFRASTRUCTURE

DISCRETIONARY PROGRAM

Section 1089 of Pub. L. 102-240 directed Secretary of

Transportation to conduct a study of advisability and feasibility

of establishing an international border highway infrastructure

discretionary program and, not later than Sept. 30, 1993, transmit

to Congress a report on results of the study, together with any

recommendations.

HISTORIC BRIDGES; CONGRESSIONAL FINDINGS AND DECLARATIONS

Section 123(f)(1) of Pub. L. 100-17 provided that: "Congress

hereby finds and declares it to be in the national interest to

encourage the rehabilitation, reuse and preservation of bridges

significant in American history, architecture, engineering and

culture. Historic bridges are important links to our past, serve as

safe and vital transportation routes in the present, and can

represent significant resources for the future."

STUDY BY TRANSPORTATION RESEARCH BOARD ON EFFECTS OF BRIDGE PROGRAM

ON PRESERVATION AND REHABILITATION OF HISTORIC BRIDGES;

RECOMMENDATION OF STANDARDS FOR REHABILITATION OF HISTORIC BRIDGES;

REPORT

Section 123(f)(3) of Pub. L. 100-17 provided that:

"(A) Transportation research board. - The Secretary shall make

appropriate arrangements with the Transportation Research Board of

the National Academy of Sciences to carry out a study on the

effects of the bridge program conducted under section 144 of title

23, United States Code, on the preservation and rehabilitation of

historic bridges. The Transportation Research Board shall also

develop recommendations of specific standards which shall apply

only to the rehabilitation of historic bridges, and shall provide

an analysis of any other factors which would serve to enhance the

rehabilitation of historic bridges.

"(B) Report. - Not later than 1 year after entering into

appropriate arrangements under subparagraph (A), the Transportation

Research Board shall submit to the Secretary and the Committee on

Environment and Public Works of the Senate and the Committee on

Public Works and Transportation of the House of Representatives a

report on the results of the study conducted under subparagraph (A)

and on the recommendations developed pursuant to subparagraph (A)."

STUDY OF HIGHWAY BRIDGES WHICH CROSS RAIL LINES; REPORT

Section 160 of Pub. L. 100-17 directed Secretary to conduct a

comprehensive study and investigation of improvement and

maintenance needs for highway bridges which cross rail lines and

whose ownership has been disputed and, not later than 30 months

after Apr. 2, 1987, submit to Congress a report on the study and

investigation along with recommendations on how the bridge needs

could best be addressed on a long term basis in a cost-effective

manner.

FOUR-LANE BRIDGES

Section 130 of Pub. L. 97-424 provided that: "Whenever any law of

the United States, enacted after January 1, 1970, and before the

date of enactment of this Act [Jan. 6, 1983], authorizes payment,

in financing the relocation of an existing road, for the cost of

construction of a two-lane bridge with a substructure and deck

truss capable of supporting a four-lane bridge, payment for the

cost of completing the construction of such bridge as a four-lane

bridge is authorized upon the completion of such substructure and

deck truss."

DISCRETIONARY BRIDGE CRITERIA

Section 161 of Pub. L. 97-424, as amended by Pub. L. 100-17,

title I, Sec. 123(h), Apr. 2, 1987, 101 Stat. 164, provided that:

"The Secretary of Transportation shall develop a selection process

for discretionary bridges authorized to be funded under section

144(g) of title 23, United States Code, and shall propose and issue

a final regulation no later than six months after the date of

enactment of this Act [Jan. 6, 1983], including a formula resulting

in a rating factor based on the following criteria for such

process. Such criteria shall give funding priority to those

discretionary bridges already eligible under section 144(g) of

title 23, United States Code, including a bridge replacement of

which was partially funded under the Supplemental Appropriations

Act, 1983 [Pub. L. 98-63] (97 Stat. 341). Eligible bridges after

the issuance of a final regulation shall only include those with a

rating factor of one hundred or less, based on a scale of zero to

infinity. The criteria for such additional bridges which the

Secretary shall consider are:

"(1) sufficiency rating computed as illustrated in appendix A

of the Recording and Coding Guide for the Structure Inventory and

Appraisal of the Nation's Bridges, USDOT/FHWA (latest edition);

"(2) average daily traffic using the most current value from

the national bridge inventory data;

"(3) average daily truck traffic;

"(4) defense highway system status;

"(5) the State's unobligated balance of funds received under

section 144 of title 23, United States Code, and the total funds

received under section 144 of title 23, United States Code;

"(6) total project cost; and

"(7) special consideration should be given to bridges closed to

all traffic or restricted to loads less than ten tons. Other

unique considerations and the need to administer the program from

a balanced national perspective should also be considered."

TRANSFER OF DISCRETIONARY BRIDGE FUNDS

Section 8(b) of Pub. L. 96-106 provided for the transfer of

discretionary bridge funds authorized under subsec. (g) of this

section for fiscal year 1980 to a State's apportionment under

section 104(b)(6) of this title to repay funds obligated under

section 104(b)(6) between June 1 and July 31, 1979, for bridge

projects which are eligible for funding by virtue of the amendment

of subsec. (g) of this section by section 8(a) of Pub. L. 96-106.

TIME FOR COMPLETION OF INVENTORY AND CLASSIFICATION OF HIGHWAY

BRIDGES

Section 124(c) of Pub. L. 95-599 directed Secretary of

Transportation to complete the requirements of subsec. (c) of this

section, as amended by subsec. (a) of section 124 of Pub. L.

95-599, not later than the last day of the second full calendar

year which begins after Nov. 6, 1978.

ACCELERATION OF BRIDGE PROJECTS; OHIO RIVER BRIDGE FUND

REPROGRAMMING; REPORTS TO CONGRESS

Section 147 of Pub. L. 95-599, as amended by Pub. L. 96-106, Sec.

15, Nov. 19, 1979, 93 Stat. 798; Pub. L. 99-272, title IV, Sec.

4105, Apr. 7, 1986, 100 Stat. 116, directed Secretary of

Transportation to conduct two projects to construct or replace

high-traffic-volume bridges on the Federal-aid highway system which

span major bodies of water in order to demonstrate the feasibility

of reducing the time required to replace unsafe bridges; authorized

funds for the projects; directed Secretary to report to Congress

within six months after the completion of each project; redirected

certain funds in excess of amounts needed to complete the projects

for use in further projects for construction of three

state-of-the-art Ohio River bridges linking designated cities in

Kentucky and Ohio; and directed Secretary to report to Congress

within a year after the completion of these bridges.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 105, 115, 117, 126,

140, 151, 204, 303, 409, 505 of this title; title 49 section 104.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 145 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 145. Federal-State relationship

-STATUTE-

(a) Protection of State Sovereignty. - 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) Purpose of Projects. - The projects described in section 1602

of the Transportation Equity Act for the 21st Century, sections

1103 through 1108 of the Intermodal Surface Transportation

Efficiency Act of 1991 (105 Stat. 2027 et seq.), and section 149(a)

of the Surface Transportation and Uniform Relocation Assistance Act

of 1987 (101 Stat. 181 et seq.) are intended to establish

eligibility for Federal-aid highway funds made available for such

projects by section 1101(a)(13) of the Transportation Equity Act

for the 21st Century, 117 (!1) of title 23, United States Code,

sections 1103 through 1108 of the Intermodal Surface Transportation

Efficiency Act of 1991, and subsections (b), (c), and (d) of

section 149 of the Surface Transportation and Uniform Relocation

Assistance Act of 1987, respectively, and are not intended to

define the scope or limits of Federal action in a manner

inconsistent with subsection (a).

-SOURCE-

(Added Pub. L. 93-87, title I, Sec. 123(a), Aug. 13, 1973, 87 Stat.

261; amended Pub. L. 105-178, title I, Sec. 1601(b), June 9, 1998,

112 Stat. 256.)

-REFTEXT-

REFERENCES IN TEXT

Section 1602 of the Transportation Equity Act for the 21st

Century, referred to in subsec. (b), is section 1602 of Pub. L.

105-178, title I, June 9, 1998, 112 Stat. 256, which is not

classified to the Code.

Sections 1103 through 1108 of the Intermodal Surface

Transportation Efficiency Act of 1991, referred to in subsec. (b),

are sections 1103 to 1108 of Pub. L. 102-240, title I, Dec. 18,

1991, 105 Stat. 2027-2063. See Tables for classification.

Section 149(a) of the Surface Transportation and Uniform

Relocation Assistance Act of 1987, referred to in subsec. (b), is

section 149(a) of Pub. L. 100-17, title I, Apr. 2, 1987, 101 Stat.

181, which is not classified to the Code.

Section 1101(a)(13) of the Transportation Equity Act for the 21st

Century, referred to in subsec. (b), is section 1101(a)(13) of Pub.

L. 105-178, title I, June 9, 1998, 112 Stat. 113, which is not

classified to the Code.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "section".

-End-

-CITE-

23 USC Sec. 146 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 146. Carpool and vanpool projects

-STATUTE-

(a) In order to conserve fuel, decrease traffic congestion during

rush hours, improve air quality, and enhance the use of existing

highways and parking facilities, the Secretary may approve for

Federal financial assistance from funds apportioned under sections

104(b)(1) and 104(b)(3) of this title, projects designed to

encourage the use of carpools and vanpools. (As used hereafter in

this section, the term "carpool" includes a vanpool.) Such a

project may include, but is not limited to, such measures as

providing carpooling opportunities to the elderly and handicapped,

systems for locating potential riders and informing them of

convenient carpool opportunities, acquiring vehicles appropriate

for carpool use, designating existing highway lanes as preferential

carpool highway lanes, providing related traffic control devices,

and designating existing facilities for use as preferential parking

for carpools.

(b) A project authorized by this section shall be subject to and

carried out in accordance with all provisions of this title, except

those provisions which the Secretary determines are inconsistent

with this section.

-SOURCE-

(Added Pub. L. 95-599, title I, Sec. 126(a), Nov. 6, 1978, 92 Stat.

2705; amended Pub. L. 105-178, title I, Sec. 1103(l)(1), June 9,

1998, 112 Stat. 125.)

-MISC1-

PRIOR PROVISIONS

A prior section 146, Pub. L. 93-87, title I, Sec. 125(a), Aug.

13, 1973, 87 Stat. 262, related to a special urban high density

traffic program, prior to repeal by Pub. L. 94-280, title I, Sec.

128(a), May 5, 1976, 90 Stat. 440.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178 substituted "sections

104(b)(1) and 104(b)(3)" for "sections 104(b)(1), 104(b)(2), and

104(b)(6)".

USE OF HIGH OCCUPANCY LANES

Pub. L. 97-424, title I, Sec. 163, Jan. 6, 1983, 96 Stat. 2136,

as amended by Pub. L. 100-17, title I, Sec. 133(a)(4), (5), Apr. 2,

1987, 101 Stat. 170, 171; Pub. L. 102-240, title I, Sec. 1056, Dec.

18, 1991, 105 Stat. 2002, provided that: "Notwithstanding any other

provision of this Act or any other law, no funds apportioned or

allocated to a State for Federal-aid highways shall be obligated

for a project for constructing, resurfacing, restoring,

rehabilitating, or reconstructing a Federal-aid highway which has a

lane designated as a carpool lane unless the use of such lane

includes use by motorcycles. Upon certification by the State to the

Secretary of Transportation, after notice in the Federal Register

and an opportunity for public comment, and acceptance of such

certification by the Secretary, the State may restrict such use by

motorcycles if such use would create a safety hazard. Any

certification made before the date of the enactment of the

Intermodal Surface Transportation Efficiency Act of 1991 [Dec. 18,

1991] shall not be recognized by the Secretary until the Secretary

publishes notice of such certification in the Federal Register and

provides an opportunity for public comment on such certification."

EXPENDITURE OF ADMINISTRATIVE FUNDS FOR CARPOOLING AND VANPOOLING

PROGRAMS

Pub. L. 97-424, title I, Sec. 123(b), Jan. 6, 1983, 96 Stat.

2113, provided that: "The Secretary of Transportation is authorized

and directed to expend such sums as are necessary out of the

administrative funds authorized by subsection (a) of section 104,

title 23, United States Code, to carry out the provisions of

subsection (d) of section 126 of the Federal-Aid Highway Act of

1978 [section 126(d) of Pub. L. 95-599, set out below]."

GRANTS TO STATES, COUNTIES, ETC., TO PROMOTE CARPOOLING AND

VANPOOLING PROGRAMS

Section 126(d)-(h) of Pub. L. 95-599, as amended by Pub. L.

102-240, title III, Sec. 3004(b), Dec. 18, 1991, 105 Stat. 2088,

provided that:

"(d) It is hereby declared to be national policy that special

effort should be made to promote commuter modes of transportation

which conserve energy, reduce pollution, and reduce traffic

congestion. The Secretary is directed to assist both public and

private employers and employees who wish to establish carpooling

and vanpooling programs where they are needed and desired, and to

assist local and State governments, and their instrumentalities, in

encouraging such modes by removing legal and regulatory barriers to

such programs, supporting existing carpooling and vanpooling

programs, and providing technical assistance, for the purpose of

increasing participation in such modes.

"(e) The Secretary of Transportation is authorized to make grants

and loans to States, counties, municipalities, metropolitan

planning organizations, and other units of local and regional

government consistent with the policy of subsection (d) of this

section. Such grants and loans shall be awarded in a manner which

emphasizes energy conservation, although the Secretary may use

other factors as he deems appropriate. The Federal share of the

costs of any project approved under this subsection shall not

exceed 75 per centum. No grant awarded under this subsection may be

used for the purchase or lease of vehicles.

"(f) There is hereby authorized to be appropriated, out of the

Highway Trust Fund, not to exceed $1,000,000 for the fiscal year

ending September 30, 1979, $1,000,000 for the fiscal year ending

September 30, 1980, and $1,000,000 for the fiscal year ending

September 30, 1981, for expenditures incurred by the Secretary of

Transportation in carrying out the provisions of subsection (d) of

this section, and $3,000,000 for the fiscal year ending September

30, 1979, and $9,000,000 for the fiscal year ending September 30,

1980, for the purpose of carrying out the program described in

subsection (e) of this section.

"(g) The Secretary of Transportation shall not approve any

project under subsection (d) or (e) of this section or under

section 146 of title 23, United States Code; which will have an

adverse effect on any mass transportation system.

"(h) The Secretary of Transportation is directed to study the

administrative effectiveness of carpooling and vanpooling programs

within the Department of Transportation, including programs of the

Federal Highway Administration, the Federal Transit Administration,

and the Office of the Secretary. Such study shall be completed no

later than September 30, 1979. Upon completion of such study, the

Secretary shall propose a plan to centralize or modify such

programs to make delivery of services and grants more efficient,

more cost-effective, and to avoid duplication of effort. Such plan

shall list statutory changes needed to implement such a plan, which

shall be sent to Congress no later than March 30, 1980."

["Federal Transit Administration" substituted for "Urban Mass

Transit Administration" in section 126(h) of Pub. L. 95-599, set

out above, pursuant to section 3004(a) of Pub. L. 102-240, set out

as a note under section 107 of Title 49, Transportation.]

FEDERAL FACILITY RIDESHARING PROGRAM

For provisions relating to the Federal Facilities Ridesharing

Program, see Ex. Ord. No. 12191, Feb. 1, 1980, 45 F.R. 7997, set

out as a note under section 6361 of Title 42, The Public Health and

Welfare.

-End-

-CITE-

23 USC Sec. 147 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 147. Priority primary routes

-STATUTE-

(a) High traffic sections of highways on the Federal-aid primary

system which connect to the Interstate System shall be selected by

each State transportation 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 hereafter in this section be referred

to as "priority primary routes".

(b) The Federal share of any project on a priority primary route

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.

(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, 1976.

-SOURCE-

(Added Pub. L. 93-87, title I, Sec. 126(a), Aug. 13, 1973, 87 Stat.

263; amended Pub. L. 94-280, title I, Sec. 130, May 5, 1976, 90

Stat. 440; Pub. L. 105-178, title I, Sec. 1212(a)(2)(A)(i), June 9,

1998, 112 Stat. 193.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178 substituted "State

transportation department" for "State highway department".

1976 - Subsec. (b). Pub. L. 94-280 amended subsec. (b) generally,

striking out apportionment provisions.

-End-

-CITE-

23 USC Sec. 148 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 148. Development of a national scenic and recreational highway

-STATUTE-

(a) As soon as possible after the date of enactment of this

section, 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 (!1) 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 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 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, except for parks, recreational

areas, and historical sites operated by State or local

governments where admission fees may be charged to cover

operational costs.

(b) For the purpose of this section, the term "construction"

includes 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.

(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 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 75 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 or 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.

(h) The Secretary is authorized to provide for the construction

of such spur highways as he determines necessary to connect the

Great River Road, by the most direct feasible routes, with existing

bridges across the Mississippi for the purpose of providing persons

traveling such road with access to significant scenic, historical,

recreational, or archeological features on the opposite side of the

Mississippi River from the Great River Road.

-SOURCE-

(Added Pub. L. 93-87, title I, Sec. 129(b), Aug. 13, 1973, 87 Stat.

265; amended Pub. L. 95-599, title I, Secs. 125, 129(d), Nov. 6,

1978, 92 Stat. 2705, 2707.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this section, referred to in subsec.

(a), means Aug. 13, 1973, the date of approval of Pub. L. 93-87.

-MISC1-

AMENDMENTS

1978 - Subsec. (a)(5). Pub. L. 95-599, Sec. 125(b), inserted

provision authorizing charging of a fee in certain cases to cover

operational costs.

Subsec. (e). Pub. L. 95-599, Sec. 129(d), substituted "75 per

centum" for "70 per centum".

Subsec. (h). Pub. L. 95-599, Sec. 125(a), added subsec. (h).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by section 129(d) of Pub. L. 95-599 effective with

respect to obligations incurred after Nov. 6, 1978, see section

129(h) of Pub. L. 95-599, set out as a note under section 120 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "States".

-End-

-CITE-

23 USC Sec. 149 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 149. Congestion mitigation and air quality improvement program

-STATUTE-

(a) Establishment. - The Secretary shall establish and implement

a congestion mitigation and air quality improvement program in

accordance with this section.

(b) Eligible Projects. - Except as provided in subsection (c), a

State may obligate funds apportioned to it under section 104(b)(2)

for the congestion mitigation and air quality improvement program

only for a transportation project or program if the project or

program is for an area in the State that is or was designated as a

nonattainment area for ozone, carbon monoxide, or particulate

matter under section 107(d) of the Clean Air Act (42 U.S.C.

7407(d)) and classified pursuant to section 181(a), 186(a), 188(a),

or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a),

7513(a), or 7513(b)) or is or was designated as a nonattainment

area under such section 107(d) after December 31, 1997, and -

(1)(A) if the Secretary, after consultation with the

Administrator of the Environmental Protection Agency, determines,

on the basis of information published by the Environmental

Protection Agency pursuant to section 108(f)(1)(A) of the Clean

Air Act (other than clause (xvi) of such section), that the

project or program is likely to contribute to -

(i) the attainment of a national ambient air quality

standard; or

(ii) the maintenance of a national ambient air quality

standard in a maintenance area; or

(B) in any case in which such information is not available, if

the Secretary, after such consultation, determines that the

project or program is part of a program, method, or strategy

described in such section;

(2) if the project or program is included in a State

implementation plan that has been approved pursuant to the Clean

Air Act and the project will have air quality benefits;

(3) the Secretary, after consultation with the Administrator of

the Environmental Protection Agency, determines that the project

or program is likely to contribute to the attainment of a

national ambient air quality standard, whether through reductions

in vehicle miles traveled, fuel consumption, or through other

factors;

(4) to establish or operate a traffic monitoring, management,

and control facility or program if the Secretary, after

consultation with the Administrator of the Environmental

Protection Agency, determines that the facility or program is

likely to contribute to the attainment of a national ambient air

quality standard; or

(5) if the program or project improves traffic flow, including

projects to improve signalization, construct high occupancy

vehicle lanes, improve intersections, and implement intelligent

transportation system strategies and such other projects that are

eligible for assistance under this section on the day before the

date of enactment of this paragraph.

No funds may be provided under this section for a project which

will result in the construction of new capacity available to single

occupant vehicles unless the project consists of a high occupancy

vehicle facility available to single occupant vehicles only at

other than peak travel times. In areas of a State which are

nonattainment for ozone or carbon monoxide, or both, and for PM-10

resulting from transportation activities, the State may obligate

such funds for any project or program under paragraph (1) or (2)

without regard to any limitation of the Department of

Transportation relating to the type of ambient air quality standard

such project or program addresses.

(c) States Receiving Minimum Apportionment. -

(1) States without a nonattainment area. - If a State does not

have, and never has had, a nonattainment area designated under

the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use

funds apportioned to the State under section 104(b)(2) for any

project eligible under the surface transportation program under

section 133.

(2) States with a nonattainment area. - If a State has a

nonattainment area or maintenance area and receives funds under

section 104(b)(2)(D) above the amount of funds that the State

would have received based on its nonattainment and maintenance

area population under subparagraphs (B) and (C) of section

104(b)(2), the State may use that portion of the funds not based

on its nonattainment and maintenance area population under

subparagraphs (B) and (C) of section 104(b)(2) for any project in

the State eligible under section 133.

(d) Applicability of Planning Requirements. - Programming and

expenditure of funds for projects under this section shall be

consistent with the requirements of sections 134 and 135 of this

title.

(e) Partnerships With Nongovernmental Entities. -

(1) In general. - Notwithstanding any other provision of this

title and in accordance with this subsection, a metropolitan

planning organization, State transportation department, or other

project sponsor may enter into an agreement with any public,

private, or nonprofit entity to cooperatively implement any

project carried out under this section.

(2) Forms of participation by entities. - Participation by an

entity under paragraph (1) may consist of -

(A) ownership or operation of any land, facility, vehicle, or

other physical asset associated with the project;

(B) cost sharing of any project expense;

(C) carrying out of administration, construction management,

project management, project operation, or any other management

or operational duty associated with the project; and

(D) any other form of participation approved by the

Secretary.

(3) Allocation to entities. - A State may allocate funds

apportioned under section 104(b)(2) to an entity described in

paragraph (1).

(4) Alternative fuel projects. - In the case of a project that

will provide for the use of alternative fuels by privately owned

vehicles or vehicle fleets, activities eligible for funding under

this subsection -

(A) may include the costs of vehicle refueling

infrastructure, including infrastructure that would support the

development, production, and use of emerging technologies that

reduce emissions of air pollutants from motor vehicles, and

other capital investments associated with the project;

(B) shall include only the incremental cost of an alternative

fueled vehicle, as compared to a conventionally fueled vehicle,

that would otherwise be borne by a private party; and

(C) shall apply other governmental financial purchase

contributions in the calculation of net incremental cost.

(5) Prohibition on federal participation with respect to

required activities. - A Federal participation payment under this

subsection may not be made to an entity to fund an obligation

imposed under the Clean Air Act (42 U.S.C. 7401 et seq.) or any

other Federal law.

-SOURCE-

(Added Pub. L. 93-87, title I, Sec. 142(a), Aug. 13, 1973, 87 Stat.

272; amended Pub. L. 102-240, title I, Sec. 1008(a), Dec. 18, 1991,

105 Stat. 1932; Pub. L. 102-388, title III, Sec. 380, Oct. 6, 1992,

106 Stat. 1562; Pub. L. 104-59, title III, Sec. 319(a)(1), (b),

Nov. 28, 1995, 109 Stat. 588, 589; Pub. L. 104-88, title IV, Sec.

405(a)(2), (b), Dec. 29, 1995, 109 Stat. 956, 957; Pub. L. 105-178,

title I, Sec. 1110(a)-(d)(1), June 9, 1998, 112 Stat. 142, 143.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsecs. (b)(2), (c)(1), and

(e)(5), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended,

which is classified generally to chapter 85 (Sec. 7401 et seq.) of

Title 42, The Public Health and Welfare. Section 108(f)(1)(A) of

the Act is classified to section 7408(f)(1)(A) of Title 42. For

complete classification of this Act to the Code, see Short Title

note set out under section 7401 of Title 42 and Tables.

The date of enactment of this paragraph, referred to in subsec.

(b)(5), is the date of enactment of Pub. L. 105-178, which was

approved June 9, 1998.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1110(a), substituted

"shall establish and implement" for "shall establish".

Subsec. (b). Pub. L. 105-178, Sec. 1110(b)(1), in introductory

provisions, substituted "that is or was designated as a

nonattainment area for ozone, carbon monoxide, or particulate

matter under section 107(d) of the Clean Air Act (42 U.S.C.

7407(d)) and classified pursuant to section 181(a), 186(a), 188(a),

or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a),

7513(a), or 7513(b)) or is or was designated as a nonattainment

area under such section 107(d) after December 31, 1997," for "that

was designated as a nonattainment area under section 107(d) of the

Clean Air Act (42 U.S.C. 7407(d)) during any part of fiscal year

1994".

Subsec. (b)(1)(A). Pub. L. 105-178, Sec. 1110(b)(2), substituted

"clause (xvi) of such section" for "clauses (xii) and (xvi) of such

section".

Subsec. (b)(1)(A)(ii). Pub. L. 105-178, Sec. 1110(b)(3),

substituted "a maintenance area" for "an area that was designated

as a nonattainment area but that was later redesignated by the

Administrator of the Environmental Protection Agency as an

attainment area under section 107(d) of the Clean Air Act (42

U.S.C. 7407(d))".

Subsec. (b)(5). Pub. L. 105-178, Sec. 1110(b)(4)-(6), added par.

(5).

Subsec. (c). Pub. L. 105-178, Sec. 1110(c), added subsec. (c) and

struck out heading and text of former subsec. (c). Text read as

follows: "If a State does not have a nonattainment area for ozone

or carbon monoxide under the Clean Air Act located within its

borders, the State may use funds apportioned to it under section

104(b)(2) for any project eligible for assistance under the surface

transportation program."

Subsec. (e). Pub. L. 105-178, Sec. 1110(d)(1), added subsec. (e).

1995 - Subsec. (b). Pub. L. 104-59, Sec. 319(a)(1)(A), in

introductory provisions, inserted "if the project or program is for

an area in the State that was designated as a nonattainment area

under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d))

during any part of fiscal year 1994 and" after "project or

program".

Subsec. (b)(1)(A). Pub. L. 104-59, Sec. 319(a)(1)(B), substituted

"contribute to - " and cls. (i) and (ii) for "contribute to the

attainment of a national ambient air quality standard; or".

Subsec. (b)(2). Pub. L. 104-59, Sec. 319(b)(1), struck out "or"

at end.

Subsec. (b)(3). Pub. L. 104-88, Sec. 405(b)(1), inserted "or"

after semicolon at end.

Pub. L. 104-59, Sec. 319(b)(2), substituted a semicolon for

period at end.

Subsec. (b)(4). Pub. L. 104-88, Sec. 405(b)(2), substituted a

period for "; or" at end.

Pub. L. 104-59, Sec. 319(b)(3), as amended by Pub. L. 104-88,

Sec. 405(a)(2), added par. (4).

1992 - Subsec. (b). Pub. L. 102-388 inserted at end "In areas of

a State which are nonattainment for ozone or carbon monoxide, or

both, and for PM-10 resulting from transportation activities, the

State may obligate such funds for any project or program under

paragraph (1) or (2) without regard to any limitation of the

Department of Transportation relating to the type of ambient air

quality standard such project or program addresses."

1991 - Pub. L. 102-240 substituted section catchline for one

which read: "Truck lanes" and amended text generally. Prior to

amendment, text read as follows: "The Secretary may approve as a

project on any Federal-aid system the construction of exclusive or

preferential truck lanes."

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by section 405(b) of Pub. L. 104-88 effective Jan. 1,

1996, see section 2 of Pub. L. 104-88, set out as an Effective Date

note under section 701 of Title 49, Transportation.

Section 405(a) of Pub. L. 104-88 provided that the amendment made

by that section is effective Nov. 28, 1995.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and

applicable to funds authorized to be appropriated or made available

after Sept. 30, 1991, and, with certain exceptions, not applicable

to funds appropriated or made available on or before Sept. 30,

1991, see section 1100 of Pub. L. 102-240, set out as a note under

section 104 of this title.

DETERMINATION BY SECRETARY; WATER-PHASED HYDROCARBON FUEL EMULSION

TECHNOLOGIES

Pub. L. 105-178, title I, Sec. 1110(d)(2), June 9, 1998, 112

Stat. 144, as amended by Pub. L. 105-206, title IX, Sec. 9002(g),

July 22, 1998, 112 Stat. 836, provided that: "For the purposes of

section 149(e) of title 23, United States Code, the Secretary shall

determine in accordance with the procedures specified in section

149(b) of such title whether water-phased hydrocarbon fuel emulsion

technologies that consist of a hydrocarbon base and water in an

amount not less than 20 percent by volume reduce emissions of

hydrocarbon, particulate matter, carbon monoxide, or nitrogen oxide

from motor vehicles."

STUDY OF CMAQ PROGRAM

Pub. L. 105-178, title I, Sec. 1110(e), June 9, 1998, 112 Stat.

144, provided that:

"(1) In general. - The Secretary and the Administrator of the

Environmental Protection Agency shall enter into arrangements with

the National Academy of Sciences to complete, by not later than

January 1, 2001, a study of the congestion mitigation and air

quality improvement program under section 149 of title 23, United

States Code. The study shall, at a minimum -

"(A) evaluate the air quality impacts of emissions from motor

vehicles;

"(B) evaluate the negative effects of traffic congestion,

including the economic effects of time lost due to congestion;

"(C) determine the amount of funds obligated under the program

and make a comprehensive analysis of the types of projects funded

under the program;

"(D) evaluate the emissions reductions attributable to projects

of various types that have been funded under the program;

"(E) assess the effectiveness, including the quantitative and

nonquantitative benefits, of projects funded under the program

and include, in the assessment, an estimate of the cost per ton

of pollution reduction;

"(F) assess the cost effectiveness of projects funded under the

program with respect to congestion mitigation;

"(G) compare -

"(i) the costs of achieving the air pollutant emissions

reductions achieved under the program; to

"(ii) the costs that would be incurred if similar reductions

were achieved by other measures, including pollution controls

on stationary sources;

"(H) include recommendations on improvements, including other

types of projects, that will increase the overall effectiveness

of the program;

"(I) include recommendations on expanding the scope of the

program to address traffic-related pollutants that, as of the

date of the study, are not addressed by the program.

"(2) Report. - Not later than January 1, 2000, the National

Academy of Sciences shall transmit to the Secretary, the Committee

on Transportation and Infrastructure and the Committee on Commerce

of the House of Representatives, and the Committee on Environment

and Public Works of the Senate a report on the results of the study

with recommendations for modifications to the congestion mitigation

and air quality improvement program in light of the results of the

study.

"(3) Funding. - Before making the apportionment of funds under

section 104(b)(2) of title 23, United States Code, for each of

fiscal years 1999 and 2000, the Secretary shall deduct from the

amount to be apportioned under such section for such fiscal year,

and make available, $500,000 for such fiscal year to carry out this

subsection."

EFFECT OF LIMITATION ON APPORTIONMENT

Notwithstanding any other provision of law, for each of fiscal

years 1996 and 1997, amendment by section 319(a)(1) of Pub. L.

104-59 not to affect any apportionment adjustments under section

1015 of the Intermodal Surface Transportation Efficiency Act of

1991, Pub. L. 102-240, see section 319(c) of Pub. L. 104-59, set

out as a note under section 104 of this title.

VALUE PRICING PILOT PROGRAM

Pub. L. 102-240, title I, Sec. 1012(b), Dec. 18, 1991, 105 Stat.

1938, as amended by Pub. L. 104-59, title III, Sec. 325(e), Nov.

28, 1995, 109 Stat. 592; Pub. L. 105-178, title I, Sec. 1216(a),

June 9, 1998, 112 Stat. 211; Pub. L. 105-206, title IX, Sec.

9006(b), July 22, 1998, 112 Stat. 848, provided that:

"(1) The Secretary shall solicit the participation of State and

local governments and public authorities for one or more value

pricing pilot programs. The Secretary may enter into cooperative

agreements with as many as 15 such State or local governments or

public authorities to establish, maintain, and monitor value

pricing programs.

"(2) Notwithstanding section 129 of title 23, United States Code,

the Federal share payable for such programs shall be 80 percent.

The Secretary shall fund all preimplementation costs and project

design, and all of the development and other start up costs of such

projects, including salaries and expenses, for a period of at least

1 year, and thereafter until such time that sufficient revenues are

being generated by the program to fund its operating costs without

Federal participation, except that the Secretary may not fund the

preimplementation or implementation costs of any project for more

than 3 years.

"(3) Revenues generated by any pilot project under this

subsection must be applied to projects eligible under such title.

"(4) Notwithstanding sections 129 and 301 of title 23, United

States Code, the Secretary shall allow the use of tolls on the

Interstate System as part of any value pricing pilot program under

this subsection.

"(5) The Secretary shall monitor the effect of such programs for

a period of at least 10 years, and shall report to the Committee on

Environment and Public Works of the Senate and the Committee on

Transportation and Infrastructure of the House of Representatives

every 2 years on the effects such programs are having on driver

behavior, traffic volume, transit ridership, air quality, and

availability of funds for transportation programs.

"(6) HOV passenger requirements. - Notwithstanding section 102(a)

of title 23, United States Code, a State may permit vehicles with

fewer than 2 occupants to operate in high occupancy vehicle lanes

if the vehicles are part of a value pricing pilot program under

this subsection.

"(7) Financial effects on low-income drivers. - Any value pricing

pilot program under this subsection shall include, if appropriate,

an analysis of the potential effects of the pilot program on

low-income drivers and may include mitigation measures to deal with

any potential adverse financial effects on low-income drivers.

"(8) Funding. -

"(A) Availability. - Funds allocated by the Secretary to a

State under this subsection shall remain available for obligation

by the State for a period of 3 years after the last day of the

fiscal year for which the funds are authorized.

"(B) Use of unallocated funds. - If the total amount of funds

made available from the Highway Trust Fund to carry out this

subsection for fiscal year 1998 and fiscal years thereafter but

not allocated exceeds $8,000,000 as of September 30 of any year,

the excess amount -

"(i) shall be apportioned in the following fiscal year by the

Secretary to all States in accordance with section 104(b)(3) of

title 23, United States Code;

"(ii) shall be considered to be a sum made available for

expenditure on the surface transportation program, except that

the amount shall not be subject to section 133(d) of such

title; and

"(iii) shall be available for any purpose eligible for

funding under section 133 of such title.

"(C) Contract authority. - Funds authorized to carry out this

subsection shall be available for obligation in the same manner

as if the funds were apportioned under chapter 1 of title 23,

United States Code; except that the Federal share of the cost of

any project under this subsection and the availability of funds

authorized to carry out this subsection shall be determined in

accordance with this subsection."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 106, 322 of this

title.

-End-

-CITE-

23 USC [Sec. 150 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

[Sec. 150. Repealed. Pub. L. 105-178, title I, Sec. 1103(l)(5), as

added Pub. L. 105-206, title IX, Sec. 9002(c)(1), July 22, 1998,

112 Stat. 834]

-MISC1-

Section, added Pub. L. 93-87, title I, Sec. 157(a), Aug. 13,

1973, 87 Stat. 277; amended Pub. L. 97-424, title I, Sec. 124, Jan.

6, 1983, 96 Stat. 2113, related to allocation of urban system

funds.

EFFECTIVE DATE OF REPEAL

Repeal effective simultaneously with enactment of Pub. L. 105-178

and to be treated as included in Pub. L. 105-178 at time of

enactment, see section 9016 of Pub. L. 105-206, set out as an

Effective Date of 1998 Amendment note under section 101 of this

title.

-End-

-CITE-

23 USC Sec. 151 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 151. National bridge inspection program

-STATUTE-

(a) National Bridge Inspection Standards. - The Secretary, in

consultation with the State transportation departments and

interested and knowledgeable private organizations and individuals,

shall establish national bridge inspection standards for the proper

safety inspection and evaluation of all highway bridges.

(b) Minimum Requirements of Inspection Standards. - The standards

established under subsection (a) shall, at a minimum -

(1) specify, in detail, the method by which such inspections

shall be carried out by the States;

(2) establish the maximum time period between inspections;

(3) establish the qualification for those charged with carrying

out the inspections;

(4) require each State to maintain and make available to the

Secretary upon request -

(A) written reports on the results of highway bridge

inspections together with notations of any action taken

pursuant to the findings of such inspections; and

(B) current inventory data for all highway bridges reflecting

the findings of the most recent highway bridge inspections

conducted; and

(5) establish a procedure for national certification of highway

bridge inspectors.

(c) Training Program for Bridge Inspectors. - The Secretary, in

cooperation with the State transportation departments, shall

establish a program designed to train appropriate governmental

employees to carry out highway bridge inspections. Such training

program shall be revised from time to time to take into account new

and improved techniques.

(d) Availability of Funds. - To carry out this section, the

Secretary may use funds made available pursuant to the provisions

of section 104(a), section 502, and section 144 of this title.

-SOURCE-

(Added Pub. L. 100-17, title I, Sec. 125(a), Apr. 2, 1987, 101

Stat. 166; amended Pub. L. 105-178, title I, Sec.

1212(a)(2)(A)(ii), title V, Sec. 5119(e), June 9, 1998, 112 Stat.

193, 452.)

-MISC1-

PRIOR PROVISIONS

A prior section 151, added Pub. L. 93-87, title II, Sec. 205(a),

Aug. 13, 1973, 87 Stat. 284; amended Pub. L. 94-280, title II, Sec.

207, May 5, 1976, 90 Stat. 454; Pub. L. 95-599, title I, Sec. 127,

Nov. 6, 1978, 92 Stat. 2707; Pub. L. 96-470, title II, Sec. 209(c),

Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97-375, title I, Sec. 111(a),

Dec. 21, 1982, 96 Stat. 1821, related to a pavement marking

demonstration program, prior to repeal by Pub. L. 100-17, title I,

Sec. 125(a), Apr. 2, 1987, 101 Stat. 166.

AMENDMENTS

1998 - Subsecs. (a), (c). Pub. L. 105-178, Sec.

1212(a)(2)(A)(ii), substituted "State transportation departments"

for "State highway departments".

Subsec. (d). Pub. L. 105-178, Sec. 5119(e), substituted "section

502," for "section 307(a),".

-End-

-CITE-

23 USC Sec. 152 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 152. Hazard elimination program

-STATUTE-

(a) In General. -

(1) Program. - Each State shall conduct and systematically

maintain an engineering survey of all public roads to identify

hazardous locations, sections, and elements, including roadside

obstacles and unmarked or poorly marked roads, which may

constitute a danger to motorists, bicyclists, and pedestrians,

assign priorities for the correction of such locations, sections,

and elements, and establish and implement a schedule of projects

for their improvement.

(2) Hazards. - In carrying out paragraph (1), a State may, at

its discretion -

(A) identify, through a survey, hazards to motorists,

bicyclists, pedestrians, and users of highway facilities; and

(B) develop and implement projects and programs to address

the hazards.

(b) The Secretary may approve as a project under this section any

safety improvement project, including a project described in

subsection (a).

(c) Funds authorized to carry out this section shall be available

for expenditure on -

(1) any public road;

(2) any public surface transportation facility or any publicly

owned bicycle or pedestrian pathway or trail; or

(3) any traffic calming measure.

(d) The Federal share payable on account of any project under

this section shall be 90 percent of the cost thereof.

(e) Funds authorized to be appropriated to carry out this section

shall be available for obligation in the same manner and to the

same extent as if such funds were apportioned under section 104(b),

except that the Secretary is authorized to waive provisions he

deems inconsistent with the purposes of this section.

(f) Each State shall establish an evaluation process approved by

the Secretary, to analyze and assess results achieved by safety

improvement projects carried out in accordance with procedures and

criteria established by this section. Such evaluation process shall

develop cost-benefit data for various types of corrections and

treatments which shall be used in setting priorities for safety

improvement projects.

(g) Each State shall report to the Secretary of Transportation

not later than December 30 of each year, on the progress being made

to implement safety improvement projects for hazard elimination and

the effectiveness of such improvements. Each State report shall

contain an assessment of the cost of, and safety benefits derived

from, the various means and methods used to mitigate or eliminate

hazards and the previous and subsequent accident experience at

these locations. The Secretary of Transportation shall submit a

report to the Committee on Environment and Public Works of the

Senate and the Committee on Transportation and Infrastructure of

the House of Representatives not later than April 1 of each year on

the progress being made by the States in implementing the hazard

elimination program (including but not limited to any projects for

pavement marking). The report shall include, but not be limited to,

the number of projects undertaken, their distribution by cost

range, road system, means and methods used, and the previous and

subsequent accident experience at improved locations. In addition,

the Secretary's report shall analyze and evaluate each State

program, identify any State found not to be in compliance with the

schedule of improvements required by subsection (a) and include

recommendations for future implementation of the hazard elimination

program.

(h) For the purposes of this section the term "State" shall have

the meaning given it in section 401 of this title.

-SOURCE-

(Added Pub. L. 93-87, title II, Sec. 209(a), Aug. 13, 1973, 87

Stat. 286; amended Pub. L. 94-280, title I, Sec. 131, May 5, 1976,

90 Stat. 441; Pub. L. 95-599, title I, Sec. 168(a), Nov. 6, 1978,

92 Stat. 2722; Pub. L. 96-106, Sec. 10(b), Nov. 9, 1979, 93 Stat.

798; Pub. L. 97-375, title II, Sec. 210(b), Dec. 21, 1982, 96 Stat.

1826; Pub. L. 97-424, title I, Sec. 125, Jan. 6, 1983, 96 Stat.

2113; Pub. L. 100-17, title I, Sec. 133(b)(12), Apr. 2, 1987, 101

Stat. 172; Pub. L. 104-59, title III, Sec. 325(c), Nov. 28, 1995,

109 Stat. 592; Pub. L. 105-178, title I, Sec. 1401, June 9, 1998,

112 Stat. 235.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1401(1), inserted

subsec. heading, designated existing provisions as par. (1) and

inserted par. heading, realigned margins, substituted "motorists,

bicyclists, and pedestrians" for "motorists and pedestrians", and

added par. (2).

Subsec. (b). Pub. L. 105-178, Sec. 1401(2), substituted "safety

improvement project, including a project described in subsection

(a)" for "highway safety improvement project".

Subsec. (c). Pub. L. 105-178, Sec. 1401(3), substituted "on -

"(1) any public road;

"(2) any public surface transportation facility or any publicly

owned bicycle or pedestrian pathway or trail; or

"(3) any traffic calming measure" for "on any public road

(other than a highway on the Interstate System)".

Subsec. (e). Pub. L. 105-178, Sec. 1401(4), struck out

"apportioned to the States as provided in section 402(c) of this

title. Such funds shall be" before "available for obligation" and

substituted "section 104(b)" for "section 104(b)(1)".

Subsecs. (f), (g). Pub. L. 105-178, Sec. 1401(5), substituted

"safety improvement projects" for "highway safety improvement

projects" wherever appearing.

1995 - Subsec. (g). Pub. L. 104-59 substituted "Committee on

Transportation and Infrastructure" for "Committee on Public Works

and Transportation".

1987 - Subsec. (g). Pub. L. 100-17 substituted "the Committee on

Environment and Public Works of the Senate and the Committee on

Public Works and Transportation of the House of Representatives"

for "the Congress".

1983 - Subsec. (c). Pub. L. 97-424 substituted provision that

funds authorized to carry out this section shall be available for

expenditure on any public road (other than a highway on the

Interstate System), for provision that funds authorized to carry

out this section would be available solely for expenditure for

projects on any Federal-aid system (other than the Interstate

System) except in the Virgin Islands, Guam, and American Samoa.

1982 - Subsec. (g). Pub. L. 97-375 inserted "(including but not

limited to any projects for pavement marking)" after "implementing

the hazard elimination program".

1979 - Subsec. (g). Pub. L. 96-106 substituted "December 30" for

"September 30" and "April 1" for "January 1".

1978 - Subsec. (a). Pub. L. 95-599 substituted "public roads" for

"highways" and inserted provisions relating to identification of

hazardous sections and elements.

Subsec. (b). Pub. L. 95-599 substituted provisions relating to

approval of highway safety improvement projects by the Secretary

for provisions authorizing appropriations for fiscal years ending

June 30, 1974 through June 30, 1976.

Subsec. (c). Pub. L. 95-599 reenacted subsec. (c) without

substantive change.

Subsec. (d). Pub. L. 95-599 substituted provisions prescribing

the Federal share payable on account of any project under this

section for provisions relating to apportionment of funds made

available under subsec. (b) to the States. See subsec. (e) of this

section.

Subsec. (e). Pub. L. 95-599 substituted provisions relating to

apportionment of funds to the States under this section for

provisions relating to progress reports required of the States

under this section. See subsec. (g).

Subsecs. (f) to (h). Pub. L. 95-599 added subsecs. (f) and (g)

and redesignated former subsec. (f) as (h).

1976 - Subsec. (f). Pub. L. 94-280 added subsec. (f).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(g) of this section relating to the requirement that the Secretary

of Transportation submit a report to the Committee on Environment

and Public Works of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives not later than

April 1 of each year, see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 135 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 133, 154, 164, 409

of this title.

-End-

-CITE-

23 USC Sec. 153 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 153. Use of safety belts and motorcycle helmets

-STATUTE-

(a) Authority To Make Grants. - The Secretary may make grants to

a State in a fiscal year in accordance with this section if the

State has in effect in such fiscal year -

(1) a law which makes unlawful throughout the State the

operation of a motorcycle if any individual on the motorcycle is

not wearing a motorcycle helmet; and

(2) a law which makes unlawful throughout the State the

operation of a passenger vehicle whenever an individual in a

front seat of the vehicle (other than a child who is secured in a

child restraint system) does not have a safety belt properly

fastened about the individual's body.

(b) Use of Grants. - A grant made to a State under this section

shall be used to adopt and implement a traffic safety program to

carry out the following purposes:

(1) Education. - To educate the public about motorcycle and

passenger vehicle safety and motorcycle helmet, safety belt, and

child restraint system use and to involve public health education

agencies and other related agencies in these efforts.

(2) Training. - To train law enforcement officers in the

enforcement of State laws described in subsection (a).

(3) Monitoring. - To monitor the rate of compliance with State

laws described in subsection (a).

(4) Enforcement. - To enforce State laws described in

subsection (a).

(c) Maintenance of Effort. - A grant may not be made to a State

under this section in any fiscal year unless the State enters into

such agreements with the Secretary as the Secretary may require to

ensure that the State will maintain its aggregate expenditures from

all other sources for any traffic safety program described in

subsection (b) at or above the average level of such expenditures

in the State's 2 fiscal years preceding the date of the enactment

of this section.

(d) Federal Share. - A State may not receive a grant under this

section in more than 3 fiscal years. The Federal share payable for

a grant under this section shall not exceed -

(1) in the first fiscal year the State receives a grant, 75

percent of the cost of implementing in such fiscal year a traffic

safety program described in subsection (b);

(2) in the second fiscal year the State receives a grant, 50

percent of the cost of implementing in such fiscal year such

traffic safety program; and

(3) in the third fiscal year the State receives a grant, 25

percent of the cost of implementing in such fiscal year such

traffic safety program.

(e) Maximum Aggregate Amount of Grants. - The aggregate amount of

grants made to a State under this section shall not exceed 90

percent of the amount apportioned to such State for fiscal year

1990 under section 402.

(f) Eligibility for Grants. -

(1) General rule. - A State is eligible in a fiscal year for a

grant under this section only if the State enters into such

agreements with the Secretary as the Secretary may require to

ensure that the State implements in such fiscal year a traffic

safety program described in subsection (b).

(2) Second-year grants. - A State is eligible for a grant under

this section in a fiscal year succeeding the first fiscal year in

which a State receives a grant under this section only if the

State in the preceding fiscal year -

(A) had in effect at all times a State law described in

subsection (a)(1) and achieved a rate of compliance with such

law of not less than 75 percent; and

(B) had in effect at all times a State law described in

subsection (a)(2) and achieved a rate of compliance with such

law of not less than 50 percent.

(3) Third-year grants. - A State is eligible for a grant under

this section in a fiscal year succeeding the second fiscal year

in which a State receives a grant under this section only if the

State in the preceding fiscal year -

(A) had in effect at all times a State law described in

subsection (a)(1) and achieved a rate of compliance with such

law of not less than 85 percent; and

(B) had in effect at all times a State law described in

subsection (a)(2) and achieved a rate of compliance with such

law of not less than 70 percent.

(g) Measurements of Rates of Compliance. - For the purposes of

subsections (f)(2) and (f)(3), a State shall measure compliance

with State laws described in subsection (a) using methods which

conform to guidelines issued by the Secretary ensuring that such

measurements are accurate and representative.

(h) Penalty. -

(1) Fiscal year 1994. - If, at any time in fiscal year 1994, a

State does not have in effect a law described in subsection

(a)(2), the Secretary shall transfer 1 1/2 percent of the funds

apportioned to the State for fiscal year 1995 under each of

subsections (b)(1), (b)(2), and (b)(3) of section 104 of this

title to the apportionment of the State under section 402 of this

title.

(2) Thereafter. - If, at any time in a fiscal year beginning

after September 30, 1994, a State does not have in effect a law

described in subsection (a)(2), the Secretary shall transfer 3

percent of the funds apportioned to the State for the succeeding

fiscal year under each of subsections (b)(1), (b)(2), and (b)(3)

of section 104 of this title to the apportionment of the State

under section 402 of this title.

(3) Federal share. - The Federal share of the cost of any

project carried out under section 402 with funds transferred to

the apportionment of section 402 shall be 100 percent.

(4) Transfer of obligation authority. - If the Secretary

transfers under this subsection any funds to the apportionment of

a State under section 402 for a fiscal year, the Secretary shall

allocate an amount of obligation authority distributed for such

fiscal year to the State for Federal-aid highways and highway

safety construction programs for carrying out only projects under

section 402 which is determined by multiplying -

(A) the amount of funds transferred to the apportionment of

section 402 of the State under section 402 for such fiscal

year; by

(B) the ratio of the amount of obligation authority

distributed for such fiscal year to the State for Federal-aid

highways and highway safety construction programs to the total

of the sums apportioned to the State for Federal-aid highways

and highway safety construction (excluding sums not subject to

any obligation limitation) for such fiscal year.

(5) Limitation on applicability of highway safety obligations.

- Notwithstanding any other provision of law, no limitation on

the total of obligations for highway safety programs carried out

by the Federal Highway Administration under section 402 shall

apply to funds transferred under this subsection to the

apportionment of section 402.

(i) Definitions. - For the purposes of this section, the

following definitions apply:

(1) Motorcycle. - The term "motorcycle" means a motor vehicle

which is designed to travel on not more than 3 wheels in contact

with the surface.

(2) Motor vehicle. - The term "motor vehicle" has the meaning

such term has under section 154 (!1) of this title.

(3) Passenger vehicle. - The term "passenger vehicle" means a

motor vehicle which is designed for transporting 10 individuals

or less, including the driver, except that such term does not

include a vehicle which is constructed on a truck chassis, a

motorcycle, a trailer, or any motor vehicle which is not required

on the date of the enactment of this section under a Federal

motor vehicle safety standard to be equipped with a belt system.

(4) Safety belt. - The term "safety belt" means -

(A) with respect to open-body passenger vehicles, including

convertibles, an occupant restraint system consisting of a lap

belt or a lap belt and a detachable shoulder belt; and

(B) with respect to other passenger vehicles, an occupant

restraint system consisting of integrated lap shoulder belts.

(j) Authorization of Appropriations. - There is authorized to be

appropriated out of the Highway Trust Fund (other than the Mass

Transit Account) to carry out this section $17,000,000 for fiscal

year 1992. From sums made available to carry out section 402 of

this title, the Secretary shall make available $17,000,000 for

fiscal year 1992 and $24,000,000 for each of fiscal years 1993 and

1994 to carry out this section.

(k) Applicability of Chapter 1 Provisions. - All provisions of

this chapter that are applicable to National Highway System funds,

other than provisions relating to the apportionment formula and

provisions limiting the expenditures of such funds to Federal-aid

systems, shall apply to funds authorized to be appropriated to

carry out this section, except as determined by the Secretary to be

inconsistent with this section and except that sums authorized by

this section shall remain available until expended.

-SOURCE-

(Added Pub. L. 102-240, title I, Sec. 1031(a)(1), Dec. 18, 1991,

105 Stat. 1970; amended Pub. L. 104-59, title II, Sec. 205(e), Nov.

28, 1995, 109 Stat. 577.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in

subsecs. (c) and (i)(3), is the date of enactment of Pub. L.

102-240, which was approved Dec. 18, 1991.

Section 154 of this title, referred to in subsec. (i)(2), was

repealed by Pub. L. 104-59, title II, Sec. 205(d)(1)(B), Nov. 28,

1995, 109 Stat. 577.

-MISC1-

PRIOR PROVISIONS

A prior section 153, added Pub. L. 93-87, title II, Sec. 210(a),

Aug. 13, 1973, 87 Stat. 287; amended Pub. L. 94-280, title I, Sec.

131, May 5, 1976, 90 Stat. 441, related to a program for the

elimination of roadside obstacles, prior to repeal by Pub. L.

95-599, title I, Sec. 168(b), Nov. 6, 1978, 92 Stat. 2723.

AMENDMENTS

1995 - Subsec. (h)(1), (2). Pub. L. 104-59 struck out "a law

described in subsection (a)(1) and" after "have in effect".

EFFECTIVE DATE OF 1995 AMENDMENT

Section 205(e) of Pub. L. 104-59 provided that the amendment made

by that section is effective Sept. 30, 1995.

EFFECTIVE DATE

Section effective Dec. 18, 1991, and applicable to funds

authorized to be appropriated or made available after Sept. 30,

1991, and, with certain exceptions, not applicable to funds

appropriated or made available on or before Sept. 30, 1991, see

section 1100 of Pub. L. 102-240, set out as an Effective Date of

1991 Amendment note under section 104 of this title.

STUDY OF BENEFITS OF SAFETY BELTS AND MOTORCYCLE HELMETS TO

INDIVIDUALS INVOLVED IN CRASHES

Section 1031(b) of Pub. L. 102-240 provided that:

"(1) In general. - The Secretary shall conduct a study or studies

to determine the benefits of safety belt use and motorcycle helmet

use for individuals involved in motor vehicle crashes and

motorcycle crashes, collecting and analyzing data from regional

trauma systems regarding differences in the following: the severity

of injuries; acute, rehabilitative and long-term medical costs,

including the sources of reimbursement and the extent to which

these sources cover actual costs; government, employer, and other

costs; and mortality and morbidity outcomes. The study shall cover

a representative period after January 1, 1990.

"(2) Report. - The Secretary shall make public a proposed report

on the results of the study or studies conducted under this

subsection, provide a period of 90 days for public comment on such

report, consider such comments, and transmit to Congress a report

on the results of such study or studies, together with a summary of

such comments, not later than 40 months after the funds for such

study are made available by the Secretary.

"(3) Funding. - Of the amounts authorized to be appropriated for

fiscal year 1992 or 1993 (or both) to carry out section 153 of

title 23, United States Code, the Secretary shall make available

$5,000,000 in the aggregate in such fiscal years to carry out this

subsection. Such funds shall remain available until expended."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 31104.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 154 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 154. Open container requirements

-STATUTE-

(a) Definitions. - In this section, the following definitions

apply:

(1) Alcoholic beverage. - The term "alcoholic beverage" has the

meaning given the term in section 158(c).

(2) Motor vehicle. - The term "motor vehicle" means a vehicle

driven or drawn by mechanical power and manufactured primarily

for use on public highways, but does not include a vehicle

operated exclusively on a rail or rails.

(3) Open alcoholic beverage container. - The term "open

alcoholic beverage container" means any bottle, can, or other

receptacle -

(A) that contains any amount of alcoholic beverage; and

(B)(i) that is open or has a broken seal; or

(ii) the contents of which are partially removed.

(4) Passenger area. - The term "passenger area" shall have the

meaning given the term by the Secretary by regulation.

(b) Open Container Laws. -

(1) In general. - For the purposes of this section, each State

shall have in effect a law that prohibits the possession of any

open alcoholic beverage container, or the consumption of any

alcoholic beverage, in the passenger area of any motor vehicle

(including possession or consumption by the driver of the

vehicle) located on a public highway, or the right-of-way of a

public highway, in the State.

(2) Motor vehicles designed to transport many passengers. - For

the purposes of this section, if a State has in effect a law that

makes unlawful the possession of any open alcoholic beverage

container by the driver (but not by a passenger) -

(A) in the passenger area of a motor vehicle designed,

maintained, or used primarily for the transportation of persons

for compensation; or

(B) in the living quarters of a house coach or house trailer,

the State shall be deemed to have in effect a law described in

this subsection with respect to such a motor vehicle for each

fiscal year during which the law is in effect.

(c) Transfer of Funds. -

(1) Fiscal years 2001 and 2002. - On October 1, 2000, and

October 1, 2001, if a State has not enacted or is not enforcing

an open container law described in subsection (b), the Secretary

shall transfer an amount equal to 1 1/2 percent of the funds

apportioned to the State on that date under each of paragraphs

(1), (3), and (4) of section 104(b) to the apportionment of the

State under section 402 -

(A) to be used for alcohol-impaired driving countermeasures;

or

(B) to be directed to State and local law enforcement

agencies for enforcement of laws prohibiting driving while

intoxicated or driving under the influence and other related

laws (including regulations), including the purchase of

equipment, the training of officers, and the use of additional

personnel for specific alcohol-impaired driving

countermeasures, dedicated to enforcement of the laws

(including regulations).

(2) Fiscal year 2003 and fiscal years thereafter. - On October

1, 2002, and each October 1 thereafter, if a State has not

enacted or is not enforcing an open container law described in

subsection (b), the Secretary shall transfer an amount equal to 3

percent of the funds apportioned to the State on that date under

each of paragraphs (1), (3), and (4) of section 104(b) to the

apportionment of the State under section 402 to be used or

directed as described in subparagraph (A) or (B) of paragraph

(1).

(3) Use for hazard elimination program. - A State may elect to

use all or a portion of the funds transferred under paragraph (1)

or (2) for activities eligible under section 152.

(4) Federal share. - The Federal share of the cost of a project

carried out with funds transferred under paragraph (1) or (2), or

used under paragraph (3), shall be 100 percent.

(5) Derivation of amount to be transferred. - The amount to be

transferred under paragraph (1) or (2) may be derived from one or

more of the following:

(A) The apportionment of the State under section 104(b)(1).

(B) The apportionment of the State under section 104(b)(3).

(C) The apportionment of the State under section 104(b)(4).

(6) Transfer of obligation authority. -

(A) In general. - If the Secretary transfers under this

subsection any funds to the apportionment of a State under

section 402 for a fiscal year, the Secretary shall transfer an

amount, determined under subparagraph (B), of obligation

authority distributed for the fiscal year to the State for

Federal-aid highways and highway safety construction programs

for carrying out projects under section 402.

(B) Amount. - The amount of obligation authority referred to

in subparagraph (A) shall be determined by multiplying -

(i) the amount of funds transferred under subparagraph (A)

to the apportionment of the State under section 402 for the

fiscal year, by

(ii) the ratio that -

(I) the amount of obligation authority distributed for

the fiscal year to the State for Federal-aid highways and

highway safety construction programs, bears to

(II) the total of the sums apportioned to the State for

Federal-aid highways and highway safety construction

programs (excluding sums not subject to any obligation

limitation) for the fiscal year.

(7) Limitation on applicability of obligation limitation. -

Notwithstanding any other provision of law, no limitation on the

total of obligations for highway safety programs under section

402 shall apply to funds transferred under this subsection to the

apportionment of a State under such section.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1405(a), as added Pub. L.

105-206, title IX, Sec. 9005(a), July 22, 1998, 112 Stat. 843.)

-MISC1-

PRIOR PROVISIONS

A prior section 154, added Pub. L. 93-643, Sec. 114(a), Jan. 4,

1975, 88 Stat. 2286; amended Pub. L. 95-599, title II, Sec. 205,

Nov. 6, 1978, 92 Stat. 2729; Pub. L. 97-35, title XI, Sec. 1108,

Aug. 13, 1981, 95 Stat. 626; Pub. L. 100-17, title I, Sec. 174,

Apr. 2, 1987, 101 Stat. 218; Pub. L. 102-240, title I, Sec.

1029(a), (b), (e), (g), Dec. 18, 1991, 105 Stat. 1968-1970,

established the national maximum speed limit, prior to repeal by

Pub. L. 104-59, title II, Sec. 205(d)(1)(B), (3), Nov. 28, 1995,

109 Stat. 577, applicable to State on 10th day following Nov. 28,

1995, except that if legislature was not in session on such date

and chief executive officer declared before such date that

legislature was not in session and that State preferred

applicability date that was after date on which legislature would

convene, applicable to State on 60th day following date on which

legislature would next convene.

EFFECTIVE DATE

Section effective simultaneously with enactment of Pub. L.

105-178 and to be treated as included in Pub. L. 105-178 at time of

enactment, see section 9016 of Pub. L. 105-206, set out as an

Effective Date of 1998 Amendment note under section 101 of this

title.

-End-

-CITE-

23 USC Sec. 155 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 155. Access highways to public recreation areas on certain

lakes

-STATUTE-

(a) The Secretary is authorized to construct or reconstruct

access highways to public recreation areas on lakes in order to

accommodate present and projected traffic density. The Secretary

shall develop guidelines and standards for the designation of

routes and the allocation of funds for the purpose of this section

which shall include the following criteria:

(1) No portion of any access highway constructed or

reconstructed under this section shall exceed thirty-five miles

in length nor shall any portion of such highway be located more

than thirty-five miles from the nearest part of such recreation

area.

(2) Routes shall be designated by the Secretary on the

recommendation of the State and responsible local officials,

after consultation with the head of the Federal agency (if any)

having jurisdiction over the public recreation area involved.

(b) The Federal share payable on account of any project

authorized pursuant to this section shall not exceed 75 per centum

of the cost of construction or reconstruction of such project.

(c) All of the provisions of this title applicable to highways on

the Federal-aid system (other than the Interstate System)

determined appropriate by the Secretary, except those provisions

which the Secretary determines are inconsistent with this section,

shall apply to any highway designated under this section which is

not a part of the Federal-aid system when so designated.

(d) For the purpose of this section the term "lake" means any

lake, reservoir, pool, or other body of water resulting from the

construction of any lock, dam, or similar structure by the Corps of

Engineers, Department of the Army, or the Bureau of Reclamation,

Department of the Interior, or the Tennessee Valley Authority, and

any multipurpose lake resulting from construction assistance of the

Soil Conservation Service, Department of Agriculture. This section

shall apply to lakes heretofore or hereafter constructed or

authorized for construction.

(e) There is authorized to be appropriated not to exceed

$25,000,000 for the fiscal year 1976 to carry out this section.

Amounts authorized by this subsection for a fiscal year shall be

available for that fiscal year and for the two succeeding fiscal

years.

-SOURCE-

(Added Pub. L. 93-643, Sec. 115(a), Jan. 4, 1975, 88 Stat. 2287;

amended Pub. L. 95-599, title I, Sec. 129(e), Nov. 6, 1978, 92

Stat. 2708.)

-MISC1-

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-599 substituted "75 per centum"

for "70 per centum".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-599 effective with respect to obligations

incurred after Nov. 6, 1978, see section 129(h) of Pub. L. 95-599,

set out as a note under section 120 of this title.

APPROPRIATIONS; RESCISSION OF APPROPRIATIONS AUTHORIZATION

Pub. L. 94-134, title I, Sec. 101, Nov. 24, 1975, 89 Stat. 703,

appropriated in part: "For necessary expenses not otherwise

provided, to carry out the provisions of section 115(a),

'Federal-Aid Highway Amendments of 1974 [this section]';

$10,000,000, to remain available until September 30 1978: Provided,

That any authority to incur obligations granted by section 115 of

the Federal-Aid Highway Amendments of 1974 [subsec. (e) of this

section] is hereby rescinded."

-End-

-CITE-

23 USC Sec. 156 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 156. Proceeds from the sale or lease of real property

-STATUTE-

(a) Minimum Charge. - Subject to section 142(f), a State shall

charge, at a minimum, fair market value for the sale, use, lease,

or lease renewal (other than for utility use and occupancy or for a

transportation project eligible for assistance under this title) of

real property acquired with Federal assistance made available from

the Highway Trust Fund (other than the Mass Transit Account).

(b) Exceptions. - The Secretary may grant an exception to the

requirement of subsection (a) for a social, environmental, or

economic purpose.

(c) Use of Federal Share of Income. - The Federal share of net

income from the revenues obtained by a State under subsection (a)

shall be used by the State for projects eligible under this title.

-SOURCE-

(Added Pub. L. 100-17, title I, Sec. 126(a), Apr. 2, 1987, 101

Stat. 167; amended Pub. L. 102-240, title I, Sec. 1027(f), Dec. 18,

1991, 105 Stat. 1967; Pub. L. 105-178, title I, Sec. 1303(a), June

9, 1998, 112 Stat. 227.)

-MISC1-

PRIOR PROVISIONS

A prior section 156, added Pub. L. 94-280, title I, Sec. 132(a),

May 5, 1976, 90 Stat. 441, authorized the Secretary to construct or

reconstruct any public highway or highway bridge across any Federal

public works project, specified conditions under which such work

may be done, and authorized appropriations for such work of

$100,000,000 to be available in the fiscal year in which

appropriated and for the two succeeding fiscal years, prior to

repeal by Pub. L. 100-17, title I, Sec. 126(a), Apr. 2, 1987, 101

Stat. 167.

AMENDMENTS

1998 - Pub. L. 105-178 amended section catchline and text

generally. Prior to amendment, text read as follows: "Subject to

section 142(f), States shall charge, as a minimum, fair market

value, with exceptions granted at the discretion of the Secretary

for social, environmental, and economic mitigation purposes, for

the sale, use, lease, or lease renewals (other than for utility use

and occupancy or for transportation projects eligible for

assistance under this title) of right-of-way airspace acquired as a

result of a project funded in whole or in part with Federal

assistance made available from the Highway Trust Fund (other than

the Mass Transit Account). This section applies to new airspace

usage proposals, renewals of prior agreements, arrangements, or

leases entered into by the State after the date of the enactment of

the Federal-Aid Highway Act of 1987. The Federal share of net

income from the revenues obtained by the State for sales, uses, or

leases (including lease renewals) under this section shall be used

by the State for projects eligible under this title."

1991 - Pub. L. 102-240 substituted "Subject to section 142(f),

States shall" for "States shall".

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and

applicable to funds authorized to be appropriated or made available

after Sept. 30, 1991, and, with certain exceptions, not applicable

to funds appropriated or made available on or before Sept. 30,

1991, see section 1100 of Pub. L. 102-240, set out as a note under

section 104 of this title.

-End-

-CITE-

23 USC Sec. 157 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 157. Safety incentive grants for use of seat belts

-STATUTE-

(a) Definitions. - In this section, the following definitions

apply:

(1) Motor vehicle. - The term "motor vehicle" means a vehicle

driven or drawn by mechanical power and manufactured primarily

for use on public highways, but does not include a vehicle

operated solely on a rail line.

(2) Multipurpose passenger motor vehicle. - The term

"multipurpose passenger motor vehicle" means a motor vehicle with

motive power (except a trailer), designed to carry not more than

10 individuals, that is constructed on a truck chassis or is

constructed with special features for occasional off-road

operation.

(3) National average seat belt use rate. - The term "national

average seat belt use rate" means, in the case of each of

calendar years 1996 through 2001, the national average seat belt

use rate for that year, as determined by the Secretary.

(4) Passenger car. - The term "passenger car" means a motor

vehicle with motive power (except a multipurpose passenger motor

vehicle, motorcycle, or trailer) designed to carry not more than

10 individuals.

(5) Passenger motor vehicle. - The term "passenger motor

vehicle" means a passenger car or a multipurpose passenger motor

vehicle.

(6) Savings to the federal government. - The term "savings to

the Federal Government" means the amount of Federal budget

savings relating to Federal medical costs (including savings

under the medicare and medicaid programs under titles XVIII and

XIX of the Social Security Act (42 U.S.C. 1395 et seq.)), as

determined by the Secretary.

(7) Seat belt. - The term "seat belt" means -

(A) with respect to an open-body passenger motor vehicle,

including a convertible, an occupant restraint system

consisting of a lap belt or a lap belt and a detachable

shoulder belt; and

(B) with respect to any other passenger motor vehicle, an

occupant restraint system consisting of integrated lap and

shoulder belts.

(8) State seat belt use rate. - The term "State seat belt use

rate" means the rate of use of seat belts in passenger motor

vehicles in a State, as measured and submitted to the Secretary -

(A) for each of calendar years 1996 and 1997, by the State,

as weighted by the Secretary to ensure national consistency in

methods of measurement (as determined by the Secretary); and

(B) for each of calendar years 1998 through 2001, by the

State in a manner consistent with the criteria established by

the Secretary under subsection (e).

(b) Determinations by the Secretary. - Not later than September

1, 1998, and September 1 of each calendar year thereafter through

September 1, 2002, the Secretary shall determine -

(1)(A) which States had, for each of the previous calendar

years (in this subsection referred to as the "previous calendar

year") and the year preceding the previous calendar year, a State

seat belt use rate greater than the national average seat belt

use rate for that year; and

(B) in the case of each State described in subparagraph (A),

the amount that is equal to the savings to the Federal Government

due to the amount by which the State seat belt use rate for the

previous calendar year exceeds the national average seat belt use

rate for that year; and

(2) in the case of each State that is not a State described in

paragraph (1)(A) -

(A) the base seat belt use rate of the State, which shall be

equal to the highest State seat belt use rate for the State for

any calendar year during the period of 1996 through the

calendar year preceding the previous calendar year; and

(B) the amount that is equal to the savings to the Federal

Government due to any increase in the State seat belt use rate

for the previous calendar year over the base seat belt use rate

determined under subparagraph (A).

(c) Allocations. -

(1) States with greater than the national average seat belt use

rate. - Not later than October 1, 1998, and each October 1

thereafter through October 1, 2002, the Secretary shall allocate

to each State described in subsection (b)(1)(A) an amount equal

to the amount determined for the State under subsection

(b)(1)(B).

(2) Other states. - Not later than October 1, 1998, and each

October 1 thereafter through October 1, 2002, the Secretary shall

allocate to each State described in subsection (b)(2) an amount

equal to the amount determined for the State under subsection

(b)(2)(B).

(d) Use of Amounts. - For each fiscal year, each State that is

allocated an amount under this section shall use the amount for

projects eligible for assistance under this title.

(e) Criteria. - Not later than 180 days after the date of

enactment of this section, the Secretary shall establish criteria

for the measurement of State seat belt use rates by States to

ensure that the measurements are accurate and representative.

(f) Innovative Seat Belt Project Allocations. -

(1) In general. - The Secretary shall use amounts made

available under subsection (g)(3) to make allocations to States

to carry out innovative projects to promote increased seat belt

use rates.

(2) Determination of eligibility. - To be eligible to receive

an allocation under this subsection for a fiscal year, a State

shall -

(A) develop a plan for innovative projects described in

paragraph (1); and

(B) submit the plan to the Secretary not later than March 1

of the fiscal year.

(3) Plan selection. -

(A) Criteria. - Not later than December 1, 1998, the

Secretary shall establish criteria for the selection of State

plans for allocations under this subsection.

(B) Selection. - The Secretary shall select State plans for

allocations under this subsection in accordance with the

criteria established under subparagraph (A).

(C) States. - In carrying out this paragraph, the Secretary

shall ensure, to the maximum extent practicable, demographic

and geographic diversity and a diversity of seat belt use rates

among the States selected for allocations.

(4) Allocation. - Not later than October 1, 1999, and each

October 1 thereafter through October 1, 2002, the Secretary shall

allocate funds to the States whose plans were selected under

paragraph (3).

(5) Amount of allocations. - Subject to the availability of

unallocated amounts under subsection (g)(3), the amount of each

allocation to a State under this subsection shall be not less

than $100,000 for each fiscal year that is covered by a State

plan.

(6) Use of allocations. - An allocation to a State under this

subsection shall be used to carry out the innovative seat belt

projects described in the State plan for which the allocation is

awarded.

(7) Federal share. - The Federal share of the cost of an

innovative seat belt project under this section shall be 100

percent.

(8) Period of availability. - Amounts allocated to a State

under this subsection shall remain available for obligation in

the State for a period of 3 years after the last day of the

fiscal year for which the amounts are allocated.

(g) Funding. -

(1) In general. - There is authorized to be appropriated from

the Highway Trust Fund (other than the Mass Transit Account) to

carry out this section $82,000,000 for fiscal year 1999,

$92,000,000 for fiscal year 2000, $102,000,000 for fiscal year

2001, $112,000,000 for fiscal year 2002, and $112,000,000 for

fiscal year 2003.

(2) Proportionate adjustment. - If the total amounts to be

allocated under subsection (c) for any fiscal year would exceed

the amounts authorized for the fiscal year under paragraph (1),

the allocation to each State under subsection (c) shall be

reduced proportionately.

(3) Use of unallocated funds. -

(A) Fiscal year 1999. - To the extent that the amounts made

available for fiscal year 1999 under paragraph (1) exceed the

total amounts to be allocated under subsection (c) for fiscal

year 1999, the excess amounts -

(i) shall be apportioned in accordance with section

104(b)(3);

(ii) shall be considered to be sums made available for

expenditure on the surface transportation program, except

that the amounts shall not be subject to section 133(d); and

(iii) shall be available for any purpose eligible for

funding under section 133.

(B) Fiscal years 2000 through 2003. - To the extent that the

amounts made available for any of fiscal years 2000 through

2003 under paragraph (1) exceed the total amounts to be

allocated under subsection (c) for the fiscal year, the excess

amounts shall be used to make allocations under subsection (f).

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1403(a), June 9, 1998, 112

Stat. 237.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(6), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and

XIX of the Social Security Act are classified generally to

subchapters XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.)

of chapter 7 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see section 1305

of Title 42 and Tables.

The date of enactment of this section, referred to in subsec.

(e), is the date of enactment of Pub. L. 105-178, which was

approved June 9, 1998.

-MISC1-

PRIOR PROVISIONS

A prior section 157, added Pub. L. 97-424, title I, Sec. 150(a),

Jan. 6, 1983, 96 Stat. 2131; amended Pub. L. 99-272, title IV, Sec.

4102(f), Apr. 7, 1986, 100 Stat. 113; Pub. L. 100-17, title I,

Secs. 105(h), 124, Apr. 2, 1987, 101 Stat. 144, 164; Pub. L.

102-240, title I, Secs. 1002(h), 1013(a), (b), Dec. 18, 1991, 105

Stat. 1918, 1940; Pub. L. 103-272, Sec. 5(f)(3), July 5, 1994, 108

Stat. 1374, related to minimum allocations to States, prior to

repeal by Pub. L. 105-178, title I, Sec. 1403(a), June 9, 1998, 112

Stat. 237.

SAVINGS CLAUSE

Pub. L. 105-178, title I, Sec. 1403(c), June 9, 1998, 112 Stat.

240, provided that: "The amendment made by subsection (a) [enacting

this section and repealing former section 157 of this title] shall

not affect any funds apportioned or allocated before the date of

enactment of this Act [June 9, 1998]."

-End-

-CITE-

23 USC Sec. 158 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 158. National minimum drinking age

-STATUTE-

(a) Withholding of Funds for Noncompliance. -

(1) In general. - The Secretary shall withhold 10 per centum of

the amount required to be apportioned to any State under each of

sections 104(b)(1), 104(b)(3), and 104(b)(4) of this title on the

first day of each fiscal year after the second fiscal year

beginning after September 30, 1985, in which the purchase or

public possession in such State of any alcoholic beverage by a

person who is less than twenty-one years of age is lawful.

(2) State grandfather law as complying. - If, before the later

of (A) October 1, 1986, or (B) the tenth day following the last

day of the first session the legislature of a State convenes

after the date of the enactment of this paragraph, such State has

in effect a law which makes unlawful the purchase and public

possession in such State of any alcoholic beverage by a person

who is less than 21 years of age (other than any person who is 18

years of age or older on the day preceding the effective date of

such law and at such time could lawfully purchase or publicly

possess any alcoholic beverage in such State), such State shall

be deemed to be in compliance with paragraph (1) in each fiscal

year in which such law is in effect.

(b) Effect of Withholding of Funds. - No funds withheld under

this section from apportionment to any State after September 30,

1988, shall be available for apportionment to that State.

(c) Alcoholic Beverage Defined. - As used in this section, the

term "alcoholic beverage" means -

(1) beer as defined in section 5052(a) of the Internal Revenue

Code of 1986,

(2) wine of not less than one-half of 1 per centum of alcohol

by volume, or

(3) distilled spirits as defined in section 5002(a)(8) of such

Code.

-SOURCE-

(Added Pub. L. 98-363, Sec. 6(a), July 17, 1984, 98 Stat. 437;

amended Pub. L. 99-272, title IV, Sec. 4104, Apr. 7, 1986, 100

Stat. 114; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;

Pub. L. 105-178, title I, Sec. 1103(l)(2), June 9, 1998, 112 Stat.

125.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this paragraph, referred to in

subsec. (a)(2), is the date of enactment of Pub. L. 99-272, which

was approved Apr. 7, 1986.

The Internal Revenue Code of 1986, referred to in subsec. (c), is

set out in Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-178, Sec.

1103(l)(2)(A)(i)-(iii), redesignated par. (2) as (1), substituted

"In general" for "After the first year" in heading and "104(b)(3),

and 104(b)(4)" for "104(b)(2), 104(b)(5), and 104(b)(6)" in text,

and struck out former par. (1) which read as follows:

"(1) First year. - The Secretary shall withhold 5 per centum of

the amount required to be apportioned to any State under each of

sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of this

title on the first day of the fiscal year succeeding the first

fiscal year beginning after September 30, 1985, in which the

purchase or public possession in such State of any alcoholic

beverage by a person who is less than twenty-one years of age is

lawful."

Subsec. (a)(2), (3). Pub. L. 105-178, Sec. 1103(l)(2)(A)(ii),

(iv), redesignated par. (3) as (2) and substituted "paragraph (1)"

for "paragraphs (1) and (2) of this subsection". Former par. (2)

redesignated (1).

Subsec. (b). Pub. L. 105-178, Sec. 1103(l)(2)(B), added subsec.

(b) and struck out heading and text of former subsec. (b) which

related to period of availability for apportionment to State of

funds withheld by the Secretary pending State enactment of

federally-prescribed minimum drinking age.

1986 - Subsec. (a). Pub. L. 99-272, Sec. 4104(d)(1), added

subsection heading.

Subsec. (a)(1). Pub. L. 99-272, Sec. 4104(d)(2)-(4), added

paragraph heading, aligned margins, and inserted "first" before

"fiscal year beginning".

Subsec. (a)(2). Pub. L. 99-272, Sec. 4104(a), (d)(3), (5), added

paragraph heading, realigned margins, and substituted "each fiscal

year after" for "the fiscal year succeeding".

Subsec. (a)(3). Pub. L. 99-272, Sec. 4104(b), added par. (3).

Subsec. (b). Pub. L. 99-272, Sec. 4104(c), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "The

Secretary shall promptly apportion to a State any funds which have

been withheld from apportionment under subsection (a) of this

section in fiscal year if in any succeeding fiscal year such State

makes unlawful the purchase or public possession of any alcoholic

beverage by a person who is less than twenty-one years of age."

Subsec. (c). Pub. L. 99-272, Sec. 4104(d)(6), added subsection

heading.

Subsec. (c)(1). Pub. L. 99-514 substituted "Internal Revenue Code

of 1986" for "Internal Revenue Code of 1954".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 154, 410 of this title;

title 49 section 31301.

-End-

-CITE-

23 USC Sec. 159 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 159. Revocation or suspension of drivers' licenses of

individuals convicted of drug offenses

-STATUTE-

(a) Withholding of Apportionments for Noncompliance. -

(1) Beginning in fiscal year 1994. - For each fiscal year the

Secretary shall withhold 5 percent of the amount required to be

apportioned to any State under each of paragraphs (1), (3), and

(5) (as in effect on the day before the date of enactment of the

Transportation Equity Act for the 21st Century) of section 104(b)

on the first day of each fiscal year which begins after the

second calendar year following the effective date of this section

if the State does not meet the requirements of paragraph (3) on

such date.

(2) Beginning in fiscal year 1996. - The Secretary shall

withhold 10 percent (including any amounts withheld under

paragraph (1)) of the amount required to be apportioned to any

State under each of paragraphs (1), (3), and (5) (as in effect on

the day before the date of enactment of the Transportation Equity

Act for the 21st Century) of section 104(b) on the first day of

each fiscal year which begins after the fourth calendar year

following the effective date of this section if the State does

not meet the requirements of paragraph (3) on the first day of

such fiscal year.

(3) Requirements. - A State meets the requirements of this

paragraph if -

(A) the State has enacted and is enforcing a law that

requires in all circumstances, or requires in the absence of

compelling circumstances warranting an exception -

(i) the revocation, or suspension for at least 6 months, of

the driver's license of any individual who is convicted,

after the enactment of such law, of -

(I) any violation of the Controlled Substances Act, or

(II) any drug offense; and

(ii) a delay in the issuance or reinstatement of a driver's

license to such an individual for at least 6 months after the

individual applies for the issuance or reinstatement of a

driver's license if the individual does not have a driver's

license, or the driver's license of the individual is

suspended, at the time the individual is so convicted; or

(B) the Governor of the State -

(i) submits to the Secretary no earlier than the

adjournment sine die of the first regularly scheduled session

of the State's legislature which begins after the effective

date of this section a written certification stating that the

Governor is opposed to the enactment or enforcement in the

State of a law described in subparagraph (A), relating to the

revocation, suspension, issuance, or reinstatement of

drivers' licenses to convicted drug offenders; and

(ii) submits to the Secretary a written certification that

the legislature (including both Houses where applicable) has

adopted a resolution expressing its opposition to a law

described in clause (i).

(b) Period of Availability; Effect of Compliance and

Noncompliance. -

(1) Period of availability of withheld funds. -

(A) Funds withheld on or before september 30, 1995. - Any

funds withheld under subsection (a) from apportionment to any

State on or before September 30, 1995, shall remain available

for apportionment to such State as follows:

(i) If such funds would have been apportioned 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) but for this section, such funds shall remain

available until the end of the fiscal year for which such

funds are authorized to be appropriated.

(ii) If such funds would have been apportioned under

section 104(b)(5)(B) (as in effect on the day before the date

of enactment of the Transportation Equity Act for the 21st

Century) but for this section, such funds shall remain

available until the end of the second fiscal year following

the fiscal year for which such funds are authorized to be

appropriated.

(iii) If such funds would have been apportioned under

paragraph (1), (3), or (5) (as in effect on the day before

the date of enactment of the Transportation Equity Act for

the 21st Century) of section 104(b) but for this section,

such funds shall remain available until the end of the third

fiscal year following the fiscal year for which such funds

are authorized to be appropriated.

(B) Funds withheld after september 30, 1995. - No funds

withheld under this section from apportionment to any State

after September 30, 1995, shall be available for apportionment

to such State.

(2) Apportionment of withheld funds after compliance. - If,

before the last day of the period for which funds withheld under

subsection (a) from apportionment are to remain available for

apportionment to a State under paragraph (1), the State meets the

requirements of subsection (a)(3), the Secretary shall, on the

first day on which the State meets the requirements of subsection

(a)(3), apportion to the State the funds withheld under

subsection (a) that remain available for apportionment to the

State.

(3) Period of availability of subsequently apportioned funds. -

Any funds apportioned pursuant to paragraph (2) shall remain

available for expenditure as follows:

(A) Funds which would have been originally apportioned 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) shall remain available until the end of the fiscal

year succeeding the fiscal year in which such funds are

apportioned under paragraph (2).

(B) Funds which would have been originally apportioned under

paragraph (1), (3), or (5)(B) (as in effect on the day before

the date of enactment of the Transportation Equity Act for the

21st Century) of section 104(b) shall remain available until

the end of the third fiscal year succeeding the fiscal year in

which such funds are so apportioned.

Sums not obligated at the end of such period shall lapse or, in

the case of funds apportioned under section 104(b)(5) (as in

effect on the day before the date of enactment of the

Transportation Equity Act for the 21st Century), shall lapse and

be made available by the Secretary for projects in accordance

with section 118(b).

(4) Effect of noncompliance. - If, at the end of the period for

which funds withheld under subsection (a) from apportionment are

available for apportionment to a State under paragraph (1), the

State does not meet the requirements of subsection (a)(3), such

funds shall lapse or, in the case of funds withheld from

apportionment under section 104(b)(5) (as in effect on the day

before the date of enactment of the Transportation Equity Act for

the 21st Century), such funds shall lapse and be made available

by the Secretary for projects in accordance with section 118(b).

(c) Definitions. - For purposes of this section -

(1) Driver's license. - The term "driver's license" means a

license issued by a State to any individual that authorizes the

individual to operate a motor vehicle on highways.

(2) Drug offense. - The term "drug offense" means any criminal

offense which proscribes -

(A) the possession, distribution, manufacture, cultivation,

sale, transfer, or the attempt or conspiracy to possess,

distribute, manufacture, cultivate, sell, or transfer any

substance the possession of which is prohibited under the

Controlled Substances Act; or

(B) the operation of a motor vehicle under the influence of

such a substance.

(3) Convicted. - The term "convicted" includes adjudicated

under juvenile proceedings.

-SOURCE-

(Added Pub. L. 102-143, title III, Sec. 333(a), Oct. 28, 1991, 105

Stat. 944; amended Pub. L. 102-388, title III, Sec. 327(a), Oct. 6,

1992, 106 Stat. 1547; Pub. L. 105-178, title I, Sec. 1103(l)(3)(E),

June 9, 1998, 112 Stat. 126.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Transportation Equity Act for the

21st Century, referred to in subsecs. (a)(1), (2) and (b)(1)(A),

(3), (4), is the date of enactment of Pub. L. 105-178, which was

approved June 9, 1998.

The effective date of this section, referred to in subsec.

(a)(1), (2), (3)(B)(i), is Nov. 5, 1990. See section 333(e) of Pub.

L. 102-143, set out as a note below.

The Controlled Substances Act, referred to in subsecs.

(a)(3)(A)(i)(I) and (c)(2)(A), is title II of Pub. L. 91-513, Oct.

27, 1970, 84 Stat. 1242, as amended, which is classified

principally to subchapter I (Sec. 801 et seq.) of chapter 13 of

Title 21, Food and Drugs. For complete classification of this Act

to the Code, see Short Title note set out under section 801 of

Title 21 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1), (2). Pub. L. 105-178, Sec.

1103(l)(3)(E)(i), substituted "(5) (as in effect on the day before

the date of enactment of the Transportation Equity Act for the 21st

Century) of" for "(5) of" before "section 104(b)".

Subsec. (b)(1)(A)(i). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(I),

substituted "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)" for "section 104(b)(5)(A)".

Subsec. (b)(1)(A)(ii). Pub. L. 105-178, Sec.

1103(l)(3)(E)(ii)(II), substituted "section 104(b)(5)(B) (as in

effect on the day before the date of enactment of the

Transportation Equity Act for the 21st Century)" for "section

104(b)(5)(B)".

Subsec. (b)(1)(A)(iii). Pub. L. 105-178, Sec. 1103(l)(3)(E)(i),

substituted "(5) (as in effect on the day before the date of

enactment of the Transportation Equity Act for the 21st Century)

of" for "(5) of" before "section 104(b)".

Subsec. (b)(3). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(IV),

substituted "section 104(b)(5) (as in effect on the day before the

date of enactment of the Transportation Equity Act for the 21st

Century)" for "section 104(b)(5)" in concluding provisions.

Subsec. (b)(3)(A). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(I),

substituted "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)" for "section 104(b)(5)(A)".

Subsec. (b)(3)(B). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(III),

substituted "(5)(B) (as in effect on the day before the date of

enactment of the Transportation Equity Act for the 21st Century)"

for "(5)(B)".

Subsec. (b)(4). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(IV),

substituted "section 104(b)(5) (as in effect on the day before the

date of enactment of the Transportation Equity Act for the 21st

Century)" for "section 104(b)(5)".

1992 - Pub. L. 102-388 amended section generally, substituting

"Beginning in fiscal year 1994" for "After second calendar year" as

subsec. (a)(1) heading, "paragraphs (1), (3), and (5)" for

"paragraphs (1), (2), (5), and (6)" in subsec. (a)(1) and (2),

"Beginning in fiscal year 1996" for "After fourth calendar year" as

subsec. (a)(2) heading, "paragraph (1), (3), or (5)" for "paragraph

(1), (2), or (6)" in subsec. (b)(1)(A)(iii), and "paragraph (1),

(3), or (5)(B)" for "paragraph (1), (2), (5)(B), or (6)" in subsec.

(b)(3)(B).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 327(b) of Pub. L. 102-388 provided that: "The amendments

made by subsection (a) of this section [amending this section]

shall take effect November 5, 1990."

EFFECTIVE DATE

Section 333(e) of Pub. L. 102-143 provided that: "The amendments

made by subsection (a) of this section [enacting this section]

shall take effect November 5, 1990."

STUDY ON STATE COMPLIANCE WITH REQUIREMENTS FOR REVOCATION AND

SUSPENSION OF DRIVERS' LICENSES

Pub. L. 102-240, title I, Sec. 1094, Dec. 18, 1991, 105 Stat.

2025, provided that:

"(a) Study. - The Secretary shall conduct a study of State

efforts to comply with the provisions of section 333 of the

Department of Transportation and Related Agencies Appropriations

Acts, 1991 and 1992 [section 333 of Pub. L. 102-143 (1992 Act)

enacted this section and provisions set out as a note above and

repealed section 333 of Pub. L. 101-516 (1991 Act) which amended

section 104 of this title and enacted provisions set out as a note

thereunder], relating to revocation and suspension of drivers'

licenses.

"(b) Report. - Not later than December 31, 1992, the Secretary

shall transmit to Congress a report on the results of the study

conducted under this section."

-End-

-CITE-

23 USC Sec. 160 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 160. Reimbursement for segments of the Interstate System

constructed without Federal assistance

-STATUTE-

(a) General Authority. - The Secretary shall allocate to the

States in each of fiscal years 1996 and 1997 amounts determined

under subsection (b) for reimbursement of their original

contributions to construction of segments of the Interstate System

which were constructed without Federal financial assistance.

(b) Determination of Reimbursement Amount. - The amount to be

reimbursed to a State in each of fiscal years 1996 and 1997 under

this section shall be determined by multiplying the amount made

available for carrying out this section for such fiscal year by the

reimbursement percentage set forth in the table contained in

subsection (c).

(c) Reimbursement Table. - For purposes of carrying out this

section, the reimbursement percentage, the original cost for

constructing the Interstate System, and the total reimbursable

amount for each State is set forth in the following table:

States Original Reimbu Reimbu

rsement rsable

cost in percen amount in

millions tage millions

--------------------------------------------------------------------

Alabama $9 0.50 $147

Alaska 0.50 147

Arizona 20 0.50 147

Arkansas 6 0.50 147

California 298 5.42 1,591

Colorado 23 0.50 147

Connecticut 314 5.71 1,676

Delaware 39 0.71 209

Florida 31 0.56 164

Georgia 46 0.84 246

Hawaii 0.50 147

Idaho 5 0.50 147

Illinois 475 8.62 2,533

Indiana 167 3.03 892

Iowa 5 0.50 147

Kansas 101 1.84 540

Kentucky 32 0.57 169

Louisiana 22 0.50 147

Maine 38 0.69 204

Maryland 154 2.79 820

Massachusetts 283 5.14 1,511

Michigan 228 4.14 1,218

Minnesota 16 0.50 147

Mississippi 6 0.50 147

Missouri 74 1.35 396

Montana 5 0.50 147

Nebraska 1 0.50 147

Nevada 2 0.50 147

New Hampshire 8 0.50 147

New Jersey 353 6.41 1,882

New Mexico 8 0.50 147

New York 929 16.88 4,960

North Carolina 36 0.65 191

North Dakota 3 0.50 147

Ohio 257 4.68 1,374

Oklahoma 91 1.66 486

Oregon 78 1.42 417

Pennsylvania 354 6.43 1,888

Rhode Island 12 0.50 147

South Carolina 4 0.50 147

South Dakota 5 0.50 147

Tennessee 7 0.50 147

Texas 200 3.64 1,069

Utah 6 0.50 147

Vermont 1 0.50 147

Virginia 111 2.01 591

Washington 73 1.32 389

West Virginia 5 0.50 147

Wisconsin 8 0.50 147

Wyoming 9 0.50 147

D.C. 9 0.50 147

-----------------------------------

TOTALS $4,967 100.00 $29,384

--------------------------------------------------------------------

(d) Transfer of Reimbursable Amounts to STP Apportionment. -

Subject to subsection (e) of this section, the Secretary shall

transfer amounts allocated to a State pursuant to this section to

the apportionment of such State under section 104(b)(3) for the

surface transportation program.

(e) Limitation on Applicability of Certain Requirements of STP

Program. - The following provisions of section 133 of this title

shall not apply to 1/2 of the amounts transferred under

subsection (d) to the apportionment of the State for the surface

transportation program:

(1) Subsection (d)(1).

(2) Subsection (d)(2).

(3) Subsection (d)(3).

(f) Authorization of Appropriations. - There is authorized to be

appropriated, out of the Highway Trust Fund (other than the Mass

Transit Account), $2,000,000,000 per fiscal year for each of fiscal

years 1996 and 1997 to carryout this section.

-SOURCE-

(Added Pub. L. 102-240, title I, Sec. 1014(a), Dec. 18, 1991, 105

Stat. 1941.)

-MISC1-

EFFECTIVE DATE

Section effective Dec. 18, 1991, and applicable to funds

authorized to be appropriated or made available after Sept. 30,

1991, and, with certain exceptions, not applicable to funds

appropriated or made available on or before Sept. 30, 1991, see

section 1100 of Pub. L. 102-240, set out as an Effective Date of

1991 Amendment note under section 104 of this title.

-End-

-CITE-

23 USC Sec. 161 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 161. Operation of motor vehicles by intoxicated minors

-STATUTE-

(a) Withholding of Apportionments for Noncompliance. -

(1) Fiscal year 1999. - The Secretary shall withhold 5 percent

of the amount required to be apportioned to any State under each

of paragraphs (1), (3), and (4) of section 104(b) on October 1,

1998, if the State does not meet the requirement of paragraph (3)

on that date.

(2) Thereafter. - The Secretary shall withhold 10 percent

(including any amounts withheld under paragraph (1)) of the

amount required to be apportioned to any State under each of

paragraphs (1), (3), and (4) of section 104(b) on October 1,

1999, and on October 1 of each fiscal year thereafter, if the

State does not meet the requirement of paragraph (3) on that

date.

(3) Requirement. - A State meets the requirement of this

paragraph if the State has enacted and is enforcing a law that

considers an individual under the age of 21 who has a blood

alcohol concentration of 0.02 percent or greater while operating

a motor vehicle in the State to be driving while intoxicated or

driving under the influence of alcohol.

(b) Period of Availability; Effect of Compliance and

Noncompliance. -

(1) Period of availability of withheld funds. -

(A) Funds withheld on or before september 30, 2000. - Any

funds withheld under subsection (a) from apportionment to any

State on or before September 30, 2000, shall remain available

until the end of the third fiscal year following the fiscal

year for which the funds are authorized to be appropriated.

(B) Funds withheld after september 30, 2000. - No funds

withheld under this section from apportionment to any State

after September 30, 2000, shall be available for apportionment

to the State.

(2) Apportionment of withheld funds after compliance. - If,

before the last day of the period for which funds withheld under

subsection (a) from apportionment are to remain available for

apportionment to a State under paragraph (1), the State meets the

requirement of subsection (a)(3), the Secretary shall, on the

first day on which the State meets the requirement, apportion to

the State the funds withheld under subsection (a) that remain

available for apportionment to the State.

(3) Period of availability of subsequently apportioned funds. -

Any funds apportioned pursuant to paragraph (2) shall remain

available for expenditure until the end of the third fiscal year

following the fiscal year in which the funds are so apportioned.

Sums not obligated at the end of that period shall lapse.

(4) Effect of noncompliance. - If, at the end of the period for

which funds withheld under subsection (a) from apportionment are

available for apportionment to a State under paragraph (1), the

State does not meet the requirement of subsection (a)(3), the

funds shall lapse.

-SOURCE-

(Added Pub. L. 104-59, title III, Sec. 320(a), Nov. 28, 1995, 109

Stat. 589; amended Pub. L. 105-178, title I, Sec. 1103(l)(3)(F),

June 9, 1998, 112 Stat. 126.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1), (2). Pub. L. 105-178 substituted

"paragraphs (1), (3), and (4) of section 104(b)" for "paragraphs

(1), (3), and (5)(B) of section 104(b)".

-End-

-CITE-

23 USC Sec. 162 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 162. National scenic byways program

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1219(a), June 9, 1998, 112

Stat. 219.)

-End-

-CITE-

23 USC Sec. 163 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 163. Safety incentives to prevent operation of motor vehicles

by intoxicated persons

-STATUTE-

(a) General Authority. - The Secretary shall make a grant, in

accordance with this section, to any State that has enacted and is

enforcing a law that provides that any person with a blood alcohol

concentration of 0.08 percent or greater while operating a motor

vehicle in the State shall be deemed to have committed a per se

offense of driving while intoxicated (or an equivalent per se

offense).

(b) Grants. - For each fiscal year, funds authorized to carry out

this section shall be apportioned to each State that has enacted

and is enforcing a law meeting the requirements of subsection (a)

in an amount determined by multiplying -

(1) the amount authorized to carry out this section for the

fiscal year; by

(2) the ratio that the amount of funds apportioned to each such

State under section 402 for such fiscal year bears to the total

amount of funds apportioned to all such States under section 402

for such fiscal year.

(c) Use of Grants. - A State may obligate funds apportioned under

subsection (b) for any project eligible for assistance under this

title.

(d) Federal Share. - The Federal share of the cost of a project

funded under this section shall be 100 percent.

(e) Authorization of Appropriations. -

(1) In general. - There are authorized to be appropriated out

of the Highway Trust Fund (other than the Mass Transit Account)

to carry out this section $55,000,000 for fiscal year 1998,

$65,000,000 for fiscal year 1999, $80,000,000 for fiscal year

2000, $90,000,000 for fiscal year 2001, $100,000,000 for fiscal

year 2002, and $110,000,000 for fiscal year 2003.

(2) Availability of funds. - Notwithstanding section 118(b)(2),

the funds authorized by this subsection shall remain available

until expended.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1404(a), June 9, 1998, 112

Stat. 240.)

-MISC1-

WITHHOLDING OF FUNDS FOR FAILURE TO ENACT AND ENFORCE LAWS RELATING

TO DRIVING WHILE INTOXICATED

Pub. L. 106-346, Sec. 101(a) [title III, Sec. 351], Oct. 23,

2000, 114 Stat. 1356, 1356A-34, provided that: "Notwithstanding any

other provision of law, beginning in fiscal year 2004, the

Secretary shall withhold 2 percent of the amount required to be

apportioned for Federal-aid highways to any State under each of

paragraphs (1), (3), and (4) of section 104(b) of title 23, United

States Code, if a State has not enacted and is not enforcing a

provision described in section 163(a) of chapter 1 of title 23,

United States Code, in fiscal year 2005, the Secretary shall

withhold 4 percent of the amount required to be apportioned for

Federal-aid highways to any State under each of paragraphs (1),

(3), and (4) of section 104(b) of title 23, United States Code, if

a State has not enacted and is not enforcing a provision described

in section 163(a) of title 23, United States Code; in fiscal year

2006, the Secretary shall withhold 6 percent of the amount required

to be apportioned for Federal-aid highways to any State under each

of paragraphs (1), (3), and (4) of section 104(b) of title 23,

United States Code, if a State has not enacted and is not enforcing

a provision described in section 163(a) of title 23, United States

Code; and beginning in fiscal year 2007, and in each fiscal year

thereafter, the Secretary shall withhold 8 percent of the amount

required to be apportioned for Federal-aid highways to any State

under each of paragraphs (1), (3), and (4) of section 104(b) of

title 23, United States Code, if a State has not enacted and is not

enforcing a provision described in section 163(a) of title 23,

United States Code. If within 4 years from the date the

apportionment for any State is reduced in accordance with this

section the Secretary determines that such State has enacted and is

enforcing a provision described in section 163(a) of chapter 1 of

title 23, United States Code, the apportionment of such State shall

be increased by an amount equal to such reduction. If at the end of

such 4-year period, any State has not enacted and is not enforcing

a provision described in section 163(a) of title 23, United States

Code, any amounts so withheld shall lapse."

-End-

-CITE-

23 USC Sec. 164 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 164. Minimum penalties for repeat offenders for driving while

intoxicated or driving under the influence

-STATUTE-

(a) Definitions. - In this section, the following definitions

apply:

(1) Alcohol concentration. - The term "alcohol concentration"

means grams of alcohol per 100 milliliters of blood or grams of

alcohol per 210 liters of breath.

(2) Driving while intoxicated; driving under the influence. -

The terms "driving while intoxicated" and "driving under the

influence" mean driving or being in actual physical control of a

motor vehicle while having an alcohol concentration above the

permitted limit as established by each State.

(3) License suspension. - The term "license suspension" means

the suspension of all driving privileges.

(4) Motor vehicle. - The term "motor vehicle" means a vehicle

driven or drawn by mechanical power and manufactured primarily

for use on public highways, but does not include a vehicle

operated solely on a rail line or a commercial vehicle.

(5) Repeat intoxicated driver law. - The term "repeat

intoxicated driver law" means a State law that provides, as a

minimum penalty, that an individual convicted of a second or

subsequent offense for driving while intoxicated or driving under

the influence after a previous conviction for that offense shall

-

(A) receive a driver's license suspension for not less than 1

year;

(B) be subject to the impoundment or immobilization of each

of the individual's motor vehicles or the installation of an

ignition interlock system on each of the motor vehicles;

(C) receive an assessment of the individual's degree of abuse

of alcohol and treatment as appropriate; and

(D) receive -

(i) in the case of the second offense -

(I) an assignment of not less than 30 days of community

service; or

(II) not less than 5 days of imprisonment; and

(ii) in the case of the third or subsequent offense -

(I) an assignment of not less than 60 days of community

service; or

(II) not less than 10 days of imprisonment.

(b) Transfer of Funds. -

(1) Fiscal years 2001 and 2002. - On October 1, 2000, and

October 1, 2001, if a State has not enacted or is not enforcing a

repeat intoxicated driver law, the Secretary shall transfer an

amount equal to 1 1/2 percent of the funds apportioned to the

State on that date under each of paragraphs (1), (3), and (4) of

section 104(b) to the apportionment of the State under section

402 -

(A) to be used for alcohol-impaired driving countermeasures;

or

(B) to be directed to State and local law enforcement

agencies for enforcement of laws prohibiting driving while

intoxicated or driving under the influence and other related

laws (including regulations), including the purchase of

equipment, the training of officers, and the use of additional

personnel for specific alcohol-impaired driving

countermeasures, dedicated to enforcement of the laws

(including regulations).

(2) Fiscal year 2003 and fiscal years thereafter. - On October

1, 2002, and each October 1 thereafter, if a State has not

enacted or is not enforcing a repeat intoxicated driver law, the

Secretary shall transfer an amount equal to 3 percent of the

funds apportioned to the State on that date under each of

paragraphs (1), (3), and (4) of section 104(b) to the

apportionment of the State under section 402 to be used or

directed as described in subparagraph (A) or (B) of paragraph

(1).

(3) Use for hazard elimination program. - A State may elect to

use all or a portion of the funds transferred under paragraph (1)

or (2) for activities eligible under section 152.

(4) Federal share. - The Federal share of the cost of a project

carried out with funds transferred under paragraph (1) or (2), or

used under paragraph (3), shall be 100 percent.

(5) Derivation of amount to be transferred. - The amount to be

transferred under paragraph (1) or (2) may be derived from one or

more of the following:

(A) The apportionment of the State under section 104(b)(1).

(B) The apportionment of the State under section 104(b)(3).

(C) The apportionment of the State under section 104(b)(4).

(6) Transfer of obligation authority. -

(A) In general. - If the Secretary transfers under this

subsection any funds to the apportionment of a State under

section 402 for a fiscal year, the Secretary shall transfer an

amount, determined under subparagraph (B), of obligation

authority distributed for the fiscal year to the State for

Federal-aid highways and highway safety construction programs

for carrying out projects under section 402.

(B) Amount. - The amount of obligation authority referred to

in subparagraph (A) shall be determined by multiplying -

(i) the amount of funds transferred under subparagraph (A)

to the apportionment of the State under section 402 for the

fiscal year, by

(ii) the ratio that -

(I) the amount of obligation authority distributed for

the fiscal year to the State for Federal-aid highways and

highway safety construction programs, bears to

(II) the total of the sums apportioned to the State for

Federal-aid highways and highway safety construction

programs (excluding sums not subject to any obligation

limitation) for the fiscal year.

(7) Limitation on applicability of obligation limitation. -

Notwithstanding any other provision of law, no limitation on the

total of obligations for highway safety programs under section

402 shall apply to funds transferred under this subsection to the

apportionment of a State under such section.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1406(a), as added Pub. L.

105-206, title IX, Sec. 9005(a), July 22, 1998, 112 Stat. 845.)

-MISC1-

EFFECTIVE DATE

Section effective simultaneously with enactment of Pub. L.

105-178 and to be treated as included in Pub. L. 105-178 at time of

enactment, see section 9016 of Pub. L. 105-206, set out as an

Effective Date of 1998 Amendment note under section 101 of this

title.

-End-

-CITE-

23 USC SUBCHAPTER II - INFRASTRUCTURE FINANCE 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER II - INFRASTRUCTURE FINANCE

-HEAD-

SUBCHAPTER II - INFRASTRUCTURE FINANCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 49 section 5323.

-End-

-CITE-

23 USC Sec. 181 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER II - INFRASTRUCTURE FINANCE

-HEAD-

Sec. 181. Definitions

-STATUTE-

In this subchapter, the following definitions apply:

(1) Eligible project costs. - The term "eligible project costs"

means amounts substantially all of which are paid by, or for the

account of, an obligor in connection with a project, including

the cost of -

(A) development phase activities, including planning,

feasibility analysis, revenue forecasting, environmental

review, permitting, preliminary engineering and design work,

and other preconstruction activities;

(B) construction, reconstruction, rehabilitation,

replacement, and acquisition of real property (including land

related to the project and improvements to land), environmental

mitigation, construction contingencies, and acquisition of

equipment; and

(C) capitalized interest necessary to meet market

requirements, reasonably required reserve funds, capital

issuance expenses, and other carrying costs during

construction.

(2) Federal credit instrument. - The term "Federal credit

instrument" means a secured loan, loan guarantee, or line of

credit authorized to be made available under this subchapter with

respect to a project.

(3) Investment-grade rating. - The term "investment-grade

rating" means a rating category of BBB minus, Baa3, or higher

assigned by a rating agency to project obligations offered into

the capital markets.

(4) Lender. - The term "lender" means any non-Federal qualified

institutional buyer (as defined in section 230.144A(a) of title

17, Code of Federal Regulations (or any successor regulation),

known as Rule 144A(a) of the Securities and Exchange Commission

and issued under the Securities Act of 1933 (15 U.S.C. 77a et

seq.)), including -

(A) a qualified retirement plan (as defined in section

4974(c) of the Internal Revenue Code of 1986) that is a

qualified institutional buyer; and

(B) a governmental plan (as defined in section 414(d) of the

Internal Revenue Code of 1986) that is a qualified

institutional buyer.

(5) Line of credit. - The term "line of credit" means an

agreement entered into by the Secretary with an obligor under

section 184 to provide a direct loan at a future date upon the

occurrence of certain events.

(6) Loan guarantee. - The term "loan guarantee" means any

guarantee or other pledge by the Secretary to pay all or part of

the principal of and interest on a loan or other debt obligation

issued by an obligor and funded by a lender.

(7) Local servicer. - The term "local servicer" means -

(A) a State infrastructure bank established under this title;

or

(B) a State or local government or any agency of a State or

local government that is responsible for servicing a Federal

credit instrument on behalf of the Secretary.

(8) Obligor. - The term "obligor" means a party primarily

liable for payment of the principal of or interest on a Federal

credit instrument, which party may be a corporation, partnership,

joint venture, trust, or governmental entity, agency, or

instrumentality.

(9) Project. - The term "project" means -

(A) any surface transportation project eligible for Federal

assistance under this title or chapter 53 of title 49;

(B) a project for an international bridge or tunnel for which

an international entity authorized under Federal or State law

is responsible.(!1)

(C) a project for intercity passenger bus or rail facilities

and vehicles, including facilities and vehicles owned by the

National Railroad Passenger Corporation and components of

magnetic levitation transportation systems; and

(D) a project for publicly owned intermodal surface freight

transfer facilities, other than seaports and airports, if the

facilities are located on or adjacent to National Highway

System routes or connections to the National Highway System.

(10) Project obligation. - The term "project obligation" means

any note, bond, debenture, or other debt obligation issued by an

obligor in connection with the financing of a project, other than

a Federal credit instrument.

(11) Rating agency. - The term "rating agency" means a bond

rating agency identified by the Securities and Exchange

Commission as a Nationally Recognized Statistical Rating

Organization.

(12) Secured loan. - The term "secured loan" means a direct

loan or other debt obligation issued by an obligor and funded by

the Secretary in connection with the financing of a project under

section 183.

(13) State. - The term "State" has the meaning given the term

in section 101.

(14) Subsidy amount. - The term "subsidy amount" means the

amount of budget authority sufficient to cover the estimated

long-term cost to the Federal Government of a Federal credit

instrument, calculated on a net present value basis, excluding

administrative costs and any incidental effects on governmental

receipts or outlays in accordance with the provisions of the

Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).

(15) Substantial completion. - The term "substantial

completion" means the opening of a project to vehicular or

passenger traffic.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1503(a), June 9, 1998, 112

Stat. 241.)

-REFTEXT-

REFERENCES IN TEXT

The Securities Act of 1933, referred to in par. (4), is act May

27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is

classified generally to subchapter I (Sec. 77a et seq.) of chapter

2A of Title 15, Commerce and Trade. For complete classification of

this Act to the Code, see section 77a of Title 15 and Tables.

The Internal Revenue Code of 1986, referred to in par. (4), is

set out in Title 26, Internal Revenue Code.

The Federal Credit Reform Act of 1990, referred to in par. (14),

is title V of Pub. L. 93-344, as added by Pub. L. 101-508, title

XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, which is

classified generally to subchapter III (Sec. 661 et seq.) of

chapter 17A of Title 2, The Congress. For complete classification

of this Act to the Code, see Short Title note set out under section

621 of Title 2 and Tables.

-MISC1-

CONGRESSIONAL FINDINGS

Pub. L. 105-178, title I, Sec. 1502, June 9, 1998, 112 Stat. 241,

provided that: "Congress finds that -

"(1) a well-developed system of transportation infrastructure

is critical to the economic well-being, health, and welfare of

the people of the United States;

"(2) traditional public funding techniques such as grant

programs are unable to keep pace with the infrastructure

investment needs of the United States because of budgetary

constraints at the Federal, State, and local levels of

government;

"(3) major transportation infrastructure facilities that

address critical national needs, such as intermodal facilities,

border crossings, and multistate trade corridors, are of a scale

that exceeds the capacity of Federal and State assistance

programs in effect on the date of enactment of this Act [June 9,

1998];

"(4) new investment capital can be attracted to infrastructure

projects that are capable of generating their own revenue streams

through user charges or other dedicated funding sources; and

"(5) a Federal credit program for projects of national

significance can complement existing funding resources by filling

market gaps, thereby leveraging substantial private

co-investment."

STATE INFRASTRUCTURE BANK PILOT PROGRAMS

Pub. L. 105-178, title I, Sec. 1511, June 9, 1998, 112 Stat. 251,

as amended by Pub. L. 107-117, div. B, Sec. 1108, Jan. 10, 2002,

115 Stat. 2332, provided that:

"(a) Definitions. - In this section:

"(1) Other assistance. - The term 'other assistance' includes

any use of funds in an infrastructure bank -

"(A) to provide credit enhancements;

"(B) to serve as a capital reserve for bond or debt

instrument financing;

"(C) to subsidize interest rates;

"(D) to ensure the issuance of letters of credit and credit

instruments;

"(E) to finance purchase and lease agreements with respect to

transit projects;

"(F) to provide bond or debt financing instrument security;

and

"(G) to provide other forms of debt financing and methods of

leveraging funds that are approved by the Secretary and that

relate to the project with respect to which the assistance is

being provided.

"(2) State. - The term 'State' has the meaning given the term

under section 401 of title 23, United States Code.

"(b) Cooperative Agreements. -

"(1) In general. -

"(A) Purpose of agreements. - Subject to this section, the

Secretary may enter into cooperative agreements with the States

of California, Florida, Missouri, and [sic] Rhode Island, and

Texas for the establishment of State infrastructure banks and

multistate infrastructure banks for making loans and providing

other assistance to public and private entities carrying out or

proposing to carry out projects eligible for assistance under

this section, provided that Texas may not compete for funds

previously allocated or appropriated to any other State.

"(B) Contents of agreements. - Each cooperative agreement

shall specify procedures and guidelines for establishing,

operating, and providing assistance from the infrastructure

bank.

"(2) Interstate compacts. - If 2 or more States enter into a

cooperative agreement under paragraph (1) with the Secretary for

the establishment of a multistate infrastructure bank, Congress

grants consent to those States to enter into an interstate

compact establishing the bank in accordance with this section.

"(c) Funding. -

"(1) Contribution. - Notwithstanding any other provision of

law, the Secretary may allow, subject to subsection (h)(1), a

State that enters into a cooperative agreement under this section

to contribute to the infrastructure bank established by the State

not to exceed -

"(A)(i) the total amount of funds apportioned to the State

under each of paragraphs (1), (3), and (4) of section 104(b)

and section 144 of title 23, United States Code, excluding

funds set aside under paragraphs (1) and (2) of section 133(d)

of such title; and

"(ii) the total amount of funds allocated to the State under

section 105 of such title;

"(B) the total amount of funds made available to the State or

other Federal transit grant recipient for capital projects (as

defined in section 5302 of title 49, United States Code) under

sections 5307, 5309, and 5311 of such title; and

"(C) the total amount of funds made available to the State

under subtitle V of title 49, United States Code.

"(2) Capitalization grant. - For the purposes of this section,

Federal funds contributed to the infrastructure bank under this

subsection shall constitute a capitalization grant for the

infrastructure bank.

"(3) Special rule for urbanized areas of over 200,000. - Funds

that are apportioned or allocated to a State under section

104(b)(3) of title 23, United States Code, and attributed to

urbanized areas of a State with a population of over 200,000

individuals under section 133(d)(2) of such title may be used to

provide assistance from an infrastructure bank under this section

with respect to a project only if the metropolitan planning

organization designated for the area concurs, in writing, with

the provision of the assistance.

"(d) Forms of Assistance From Infrastructure Banks. -

"(1) In general. - An infrastructure bank established under

this section may make loans or provide other assistance to a

public or private entity in an amount equal to all or part of the

cost of carrying out a project eligible for assistance under this

section.

"(2) Subordination of loans. - The amount of any loan or other

assistance provided for the project may be subordinated to any

other debt financing for the project.

"(3) Initial assistance. - Initial assistance provided with

respect to a project from Federal funds contributed to an

infrastructure bank under this section shall not be made in the

form of a grant.

"(e) Qualifying Projects. -

"(1) In general. - Subject to paragraph (2), funds in an

infrastructure bank established under this section may be used

only to provide assistance with respect to projects eligible for

assistance under title 23, United States Code, for capital

projects (as defined in section 5302 of title 49, United States

Code), or for any other project related to surface transportation

that the Secretary determines to be appropriate.

"(2) Interstate funds. - Funds contributed to an infrastructure

bank from funds apportioned to a State under section 104(b)(4) of

title 23, United States Code, may be used only to provide

assistance with respect to projects eligible for assistance under

such paragraph.

"(3) Rail program funds. - Funds contributed to an

infrastructure bank from funds made available to a State under

subtitle V of title 49, United States Code, shall be used in a

manner consistent with any project description specified under

the law making the funds available to the State.

"(f) Infrastructure Bank Requirements. -

"(1) In general. - Subject to paragraph (2), in order to

establish an infrastructure bank under this section, each State

establishing such a bank shall -

"(A) contribute, at a minimum, to the bank from non-Federal

sources an amount equal to 25 percent of the amount of each

capitalization grant made to the State and contributed to the

bank under subsection (c), except that if the State has a

higher Federal share payable under section 120(b) of title 23,

United States Code, the State shall be required to contribute

only an amount commensurate with the higher Federal share;

"(B) ensure that the bank maintains on a continuing basis an

investment grade rating on its debt issuances and its ability

to pay claims under credit enhancement programs of the bank;

"(C) ensure that investment income generated by funds

contributed to the bank will be -

"(i) credited to the bank;

"(ii) available for use in providing loans and other

assistance to projects eligible for assistance from the bank;

and

"(iii) invested in United States Treasury securities, bank

deposits, or such other financing instruments as the

Secretary may approve to earn interest to enhance the

leveraging of projects assisted by the bank;

"(D) ensure that any loan from the bank will bear interest at

or below market rates, as determined by the State, to make the

project that is the subject of the loan feasible;

"(E) ensure that repayment of the loan from the bank will

commence not later than 5 years after the project has been

completed or, in the case of a highway project, the facility

has opened to traffic, whichever is later;

"(F) ensure that the term for repaying any loan will not

exceed the lesser of -

"(i) 35 years after the date of the first payment on the

loan under subparagraph (E); or

"(ii) the useful life of the investment; and

"(G) require the bank to make a biennial report to the

Secretary and to make such other reports as the Secretary may

require in guidelines.

"(2) Waivers by the secretary. - The Secretary may waive a

requirement of any of subparagraphs (C) through (G) of paragraph

(1) with respect to an infrastructure bank if the Secretary

determines that the waiver is consistent with the objectives of

this section.

"(g) Limitation on Repayments. - Notwithstanding any other

provision of law, the repayment of a loan or other assistance

provided from an infrastructure bank under this section may not be

credited toward the non-Federal share of the cost of any project.

"(h) Secretarial Requirements. - In administering this section,

the Secretary shall -

"(1) ensure that Federal disbursements shall be at an annual

rate of not more than 20 percent of the amount designated by the

State for State infrastructure bank capitalization under

subsection (c)(1), except that the Secretary may disburse funds

to a State in an amount needed to finance a specific project; and

"(2) revise cooperative agreements entered into with States

under section 350 of the National Highway System Designation Act

of 1995 (Public Law 104-59 [set out below]) to comply with this

section.

"(i) Applicability of Federal Law. -

"(1) In general. - The requirements of titles 23 and 49, United

States Code, that would otherwise apply to funds made available

under such title and projects assisted with those funds shall

apply to -

"(A) funds made available under such title and contributed to

an infrastructure bank established under this section,

including the non-Federal contribution required under

subsection (f); and

"(B) projects assisted by the bank through the use of the

funds;

except to the extent that the Secretary determines that any

requirement of such title (other than sections 113 and 114 of

title 23 and section 5333 of title 49), is not consistent with

the objectives of this section.

"(2) Repayments. - The requirements of titles 23 and 49, United

States Code, shall apply to repayments from non-Federal sources

to an infrastructure bank from projects assisted by the bank.

Such a repayment shall be considered to be Federal funds.

"(j) United States Not Obligated. -

"(1) In general. - The contribution of Federal funds to an

infrastructure bank established under this section shall not be

construed as a commitment, guarantee, or obligation on the part

of the United States to any third party. No third party shall

have any right against the United States for payment solely by

virtue of the contribution.

"(2) Statement. - Any security or debt financing instrument

issued by the infrastructure bank shall expressly state that the

security or instrument does not constitute a commitment,

guarantee, or obligation of the United States.

"(k) Management of Federal Funds. - Sections 3335 and 6503 of

title 31, United States Code, shall not apply to funds contributed

under this section.

"(l) Program Administration. -

"(1) In general. - A State may expend not to exceed 2 percent

of the Federal funds contributed to an infrastructure bank

established by the State under this section to pay the reasonable

costs of administering the bank.

"(2) Non-federal funds. - The limitation described in paragraph

(1) shall not apply to non-Federal funds."

Pub. L. 104-59, title III, Sec. 350, Nov. 28, 1995, 109 Stat.

618, provided that:

"(a) In General. -

"(1) Cooperative agreements. - Subject to the provisions of

this section, the Secretary [of Transportation] may enter into

cooperative agreements with not to exceed 10 States for the

establishment of State infrastructure banks and multistate

infrastructure banks for making loans and providing other

assistance to public and private entities carrying out or

proposing to carry out projects eligible for assistance under

this section.

"(2) Interstate compacts. - Congress grants consent to 2 or

more of the States, entering into a cooperative agreement under

paragraph (1) with the Secretary for the establishment of a

multistate infrastructure bank, to enter into an interstate

compact establishing such bank in accordance with this section.

"(b) Funding. -

"(1) Separate accounts. - An infrastructure bank established

under this section shall maintain a separate highway account for

Federal funds contributed to the bank under paragraph (2) and a

separate transit account for Federal funds contributed to the

bank under paragraph (3). No Federal funds contributed or

credited to an account of an infrastructure bank established

under this section may be commingled with Federal funds

contributed or credited to any other account of such bank.

"(2) Highway account. - Notwithstanding any other provision of

law, the Secretary may allow, subject to subsection (g)(1), a

State entering into a cooperative agreement under this section to

contribute not to exceed -

"(A) 10 percent of the funds apportioned to the State for

each of fiscal years 1996 and 1997 under each of sections

104(b)(1), 104(b)(3), 104(b)(5)(B), 144, and 160 of title 23,

United States Code, and section 1015 of the Intermodal Surface

Transportation Efficiency Act of 1991 [Pub. L. 102-240, 23

U.S.C. 104 note]; and

"(B) 10 percent of the funds allocated to the State for each

of such fiscal years under each of section 157 of such title

and section 1013(c) of such Act [formerly 23 U.S.C. 157 note];

into the highway account of the infrastructure bank established

by the State. Federal funds contributed to such account under

this paragraph shall constitute for purposes of this section a

capitalization grant for the highway account of the

infrastructure bank.

"(3) Transit account. - Notwithstanding any other provision of

law, the Secretary may allow, subject to subsection (g)(1), a

State entering into a cooperative agreement under this section,

and any other Federal transit grant recipient, to contribute not

to exceed 10 percent of the funds made available to the State or

other Federal transit grant recipient in each of fiscal years

1996 and 1997 for capital projects under sections 5307, 5309, and

5311 of title 49, United States Code, into the transit account of

the infrastructure bank established by the State. Federal funds

contributed to such account under this paragraph shall constitute

for purposes of this section a capitalization grant for the

transit account of the infrastructure bank.

"(4) Special rule for urbanized areas of over 200,000. - Funds

that are apportioned or allocated to a State under section

104(b)(3) or 160 of title 23, United States Code, or under

section 1013(c) or 1015 of the Intermodal Surface Transportation

Efficiency Act of 1991 [Pub. L. 102-240, 23 U.S.C. 104 note,

formerly 157 note] and attributed to urbanized areas of a State

with an urbanized population of over 200,000 under section

133(d)(3) of such title may be used to provide assistance with

respect to a project only if the metropolitan planning

organization designated for such area concurs, in writing, with

the provision of such assistance.

"(c) Forms of Assistance From Infrastructure Banks. - An

infrastructure bank established under this section may make loans

or provide other assistance to a public or private entity in an

amount equal to all or part of the cost of carrying out a project

eligible for assistance under this section. The amount of any loan

or other assistance provided for such project may be subordinated

to any other debt financing for the project. Initial assistance

provided with respect to a project from Federal funds contributed

to an infrastructure bank under this section may not be made in the

form of a grant.

"(d) Qualifying Projects. - Federal funds in the highway account

of an infrastructure bank established under this section may be

used only to provide assistance with respect to construction of

Federal-aid highways. Federal funds in the transit account of such

bank may be used only to provide assistance with respect to capital

projects.

"(e) Infrastructure Bank Requirements. - In order to establish an

infrastructure bank under this section, each State establishing the

bank shall -

"(1) contribute, at a minimum, in each account of the bank from

non-Federal sources an amount equal to 25 percent of the amount

of each capitalization grant made to the State and contributed to

the bank; except that if the contribution is into the highway

account of the bank and the State has a lower non-Federal share

under section 120(b) of title 23, United States Code, such

percentage shall be adjusted by the Secretary to correspond with

such lower non-Federal share;

"(2) ensure that the bank maintains on a continuing basis an

investment grade rating on its debt issuances or has a sufficient

level of bond or debt financing instrument insurance to maintain

the viability of the bank;

"(3) ensure that investment income generated by funds

contributed to an account of the bank will be -

"(A) credited to the account;

"(B) available for use in providing loans and other

assistance to projects eligible for assistance from the

account; and

"(C) invested in United States Treasury securities, bank

deposits, or such other financing instruments as the Secretary

may approve to earn interest to enhance the leveraging of

projects assisted by the bank;

"(4) provide that the repayment of a loan or other assistance

from an account of the bank under this section shall be

consistent with the repayment provisions of section 129(a)(7) of

title 23, United States Code, except to the extent the Secretary

determines that such provisions are not consistent with this

section;

"(5) ensure that any loan from the bank will bear interest at

or below market interest rates, as determined by the State, to

make the project that is the subject of the loan feasible;

"(6) ensure that repayment of any loan from the bank will

commence not later than 5 years after the project has been

completed or, in the case of a highway project, the facility has

opened to traffic, whichever is later;

"(7) ensure that the term for repaying any loan will not exceed

30 years after the date of the first payment on the loan under

paragraph (6); and

"(8) require the bank to make an annual report to the Secretary

on its status no later than September 30, 1996, and September 30,

1997, and to make such other reports as the Secretary may require

by guidelines.

"(f) Limitation on Repayments. - Notwithstanding any other

provision of law, the repayment of a loan or other assistance

provided from an infrastructure bank under this section may not be

credited towards the non-Federal share of the cost of any project.

"(g) Secretarial Requirements. - In administering this section,

the Secretary shall -

"(1) ensure that Federal disbursements shall be at a rate

consistent with historic rates for the Federal-aid highway

program and the Federal transit program, respectively;

"(2) issue guidelines to ensure that all requirements of title

23, United States Code, or title 49, United States Code, that

would otherwise apply to funds made available under such title

and projects assisted with such funds apply to -

"(A) funds made available under such title and contributed to

an infrastructure bank established under this section; and

"(B) projects assisted by the bank through the use of such

funds;

except to the extent that the Secretary determines that any

requirement of such title is not consistent with the objectives

of this section; and

"(3) specify procedures and guidelines for establishing,

operating, and providing assistance from the bank.

"(h) United States Not Obligated. - The contribution of Federal

funds into an infrastructure bank established under this section

shall not be construed as a commitment, guarantee, or obligation on

the part of the United States to any third party, nor shall any

third party have any right against the United States for payment

solely by virtue of the contribution. Any security or debt

financing instrument issued by the infrastructure bank shall

expressly state that the security or instrument does not constitute

a commitment, guarantee, or obligation of the United States.

"(i) Management of Federal Funds. - Sections 3335 and 6503 of

title 31, United States Code, shall not apply to funds contributed

under this section.

"(j) Program Administration. - For each of fiscal years 1996 and

1997, a State may expend not to exceed 2 percent of the Federal

funds contributed to an infrastructure bank established by the

State under this section to pay the reasonable costs of

administering the bank.

"(k) Secretarial Review. - The Secretary shall review the

financial condition of each infrastructure bank established under

this section and transmit to Congress a report on the results of

such review not later than March 1, 1997. In addition, the report

shall contain -

"(1) an evaluation of the pilot program conducted under this

section and the ability of such program to increase public

investment and attract non-Federal capital; and

"(2) recommendations of the Secretary as to whether the program

should be expanded or made a part of the Federal-aid highway and

transit programs.

"(l) Definitions. - In this section, the following definitions

apply:

"(1) Capital project. - The term 'capital project' has the

meaning such term has under section 5302 of title 49, United

States Code.

"(2) Construction; federal-aid highway. - The terms

'construction' and 'Federal-aid highway' have the meanings such

terms have under section 101 of title 23, United States Code.

"(3) Other assistance. - The term 'other assistance' includes

any use of funds in an infrastructure bank -

"(A) to provide credit enhancements;

"(B) to serve as a capital reserve for bond or debt

instrument financing;

"(C) to subsidize interest rates;

"(D) to ensure the issuance of letters of credit and credit

instruments;

"(E) to finance purchase and lease agreements with respect to

transit projects;

"(F) to provide bond or debt financing instrument security;

and

"(G) to provide other forms of debt financing and methods of

leveraging funds that are approved by the Secretary and that

relate to the project with respect to which such assistance is

being provided.

"(4) State. - The term 'State' has the meaning such term has

under section 101 of title 23, United States Code."

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

-End-

-CITE-

23 USC Sec. 182 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER II - INFRASTRUCTURE FINANCE

-HEAD-

Sec. 182. Determination of eligibility and project selection

-STATUTE-

(a) Eligibility. - To be eligible to receive financial assistance

under this subchapter, a project shall meet the following criteria:

(1) Inclusion in transportation plans and programs. - The

project -

(A) shall be included in the State transportation plan

required under section 135; and

(B) at such time as an agreement to make available a Federal

credit instrument is entered into under this subchapter, shall

be included in the approved State transportation improvement

program required under section 134.

(2) Application. - A State, a local servicer identified under

section 185(a), or the entity undertaking the project shall

submit a project application to the Secretary.

(3) Eligible project costs. -

(A) In general. - Except as provided in subparagraph (B), to

be eligible for assistance under this subchapter, a project

shall have eligible project costs that are reasonably

anticipated to equal or exceed the lesser of -

(i) $100,000,000; or

(ii) 50 percent of the amount of Federal highway assistance

funds apportioned for the most recently completed fiscal year

to the State in which the project is located.

(B) Intelligent transportation system projects. - In the case

of a project principally involving the installation of an

intelligent transportation system, eligible project costs shall

be reasonably anticipated to equal or exceed $30,000,000.

(4) Dedicated revenue sources. - Project financing shall be

repayable, in whole or in part, from tolls, user fees, or other

dedicated revenue sources.

(5) Public sponsorship of private entities. - In the case of a

project that is undertaken by an entity that is not a State or

local government or an agency or instrumentality of a State or

local government, the project that the entity is undertaking

shall be publicly sponsored as provided in paragraphs (1) and

(2).

(b) Selection Among Eligible Projects. -

(1) Establishment. - The Secretary shall establish criteria for

selecting among projects that meet the eligibility criteria

specified in subsection (a).

(2) Selection criteria. -

(A) In general. - The selection criteria shall include the

following:

(i) The extent to which the project is nationally or

regionally significant, in terms of generating economic

benefits, supporting international commerce, or otherwise

enhancing the national transportation system.

(ii) The creditworthiness of the project, including a

determination by the Secretary that any financing for the

project has appropriate security features, such as a rate

covenant, to ensure repayment.

(iii) The extent to which assistance under this subchapter

would foster innovative public-private partnerships and

attract private debt or equity investment.

(iv) The likelihood that assistance under this subchapter

would enable the project to proceed at an earlier date than

the project would otherwise be able to proceed.

(v) The extent to which the project uses new technologies,

including intelligent transportation systems, that enhance

the efficiency of the project.

(vi) The amount of budget authority required to fund the

Federal credit instrument made available under this

subchapter.

(vii) The extent to which the project helps maintain or

protect the environment.

(viii) The extent to which assistance under this chapter

would reduce the contribution of Federal grant assistance to

the project.

(B) Preliminary rating opinion letter. - For purposes of

subparagraph (A)(ii), the Secretary shall require each project

applicant to provide a preliminary rating opinion letter from

at least 1 rating agency indicating that the project's senior

obligations have the potential to achieve an investment-grade

rating.

(c) Federal Requirements. - In addition to the requirements of

this title for highway projects, chapter 53 of title 49 for transit

projects, and section 5333(a) of title 49 for rail projects, the

following provisions of law shall apply to funds made available

under this subchapter and projects assisted with the funds:

(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d

et seq.).

(2) The National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.).

(3) The Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1503(a), June 9, 1998, 112

Stat. 243.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsec. (c)(1), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of

the Act is classified generally to subchapter V (Sec. 2000d et

seq.) of chapter 21 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 2000a of Title 42 and Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (c)(2), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

The Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, referred to in subsec. (c)(3), is act Jan. 2,

1971, Pub. L. 91-646, 84 Stat. 1894, as amended, and which is

classified principally to chapter 61 (Sec. 4601 et seq.) of Title

42, The Public Health and Welfare. For complete classification of

this Act to the Code, see Short Title note set out under section

4601 of Title 42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 183, 184 of this title.

-End-

-CITE-

23 USC Sec. 183 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER II - INFRASTRUCTURE FINANCE

-HEAD-

Sec. 183. Secured loans

-STATUTE-

(a) In General. -

(1) Agreements. - Subject to paragraphs (2) through (4), the

Secretary may enter into agreements with 1 or more obligors to

make secured loans, the proceeds of which shall be used -

(A) to finance eligible project costs; or

(B) to refinance interim construction financing of eligible

project costs;

of any project selected under section 182.

(2) Limitation on refinancing of interim construction

financing. - A loan under paragraph (1) shall not refinance

interim construction financing under paragraph (1)(B) later than

1 year after the date of substantial completion of the project.

(3) Risk assessment. - Before entering into an agreement under

this subsection, the Secretary, in consultation with the Director

of the Office of Management and Budget and each rating agency

providing a preliminary rating opinion letter under section

182(b)(2)(B), shall determine an appropriate capital reserve

subsidy amount for each secured loan, taking into account such

letter.

(4) Investment-grade rating requirement. - The funding of a

secured loan under this section shall be contingent on the

project's senior obligations receiving an investment-grade

rating, except that -

(A) the Secretary may fund an amount of the secured loan not

to exceed the capital reserve subsidy amount determined under

paragraph (3) prior to the obligations receiving an

investment-grade rating; and

(B) the Secretary may fund the remaining portion of the

secured loan only after the obligations have received an

investment-grade rating by at least 1 rating agency.

(b) Terms and Limitations. -

(1) In general. - A secured loan under this section with

respect to a project shall be on such terms and conditions and

contain such covenants, representations, warranties, and

requirements (including requirements for audits) as the Secretary

determines appropriate.

(2) Maximum amount. - The amount of the secured loan shall not

exceed 33 percent of the reasonably anticipated eligible project

costs.

(3) Payment. - The secured loan -

(A) shall -

(i) be payable, in whole or in part, from tolls, user fees,

or other dedicated revenue sources; and

(ii) include a rate covenant, coverage requirement, or

similar security feature supporting the project obligations;

and

(B) may have a lien on revenues described in subparagraph (A)

subject to any lien securing project obligations.

(4) Interest rate. - The interest rate on the secured loan

shall be not less than the yield on marketable United States

Treasury securities of a similar maturity to the maturity of the

secured loan on the date of execution of the loan agreement.

(5) Maturity date. - The final maturity date of the secured

loan shall be not later than 35 years after the date of

substantial completion of the project.

(6) Nonsubordination. - The secured loan shall not be

subordinated to the claims of any holder of project obligations

in the event of bankruptcy, insolvency, or liquidation of the

obligor.

(7) Fees. - The Secretary may establish fees at a level

sufficient to cover all or a portion of the costs to the Federal

Government of making a secured loan under this section.

(8) Non-federal share. - The proceeds of a secured loan under

this subchapter may be used for any non-Federal share of project

costs required under this title or chapter 53 of title 49, if the

loan is repayable from non-Federal funds.

(c) Repayment. -

(1) Schedule. - The Secretary shall establish a repayment

schedule for each secured loan under this section based on the

projected cash flow from project revenues and other repayment

sources.

(2) Commencement. - Scheduled loan repayments of principal or

interest on a secured loan under this section shall commence not

later than 5 years after the date of substantial completion of

the project.

(3) Sources of repayment funds. - The sources of funds for

scheduled loan repayments under this section shall include tolls,

user fees, or other dedicated revenue sources.

(4) Deferred payments. -

(A) Authorization. - If, at any time during the 10 years

after the date of substantial completion of the project, the

project is unable to generate sufficient revenues to pay the

scheduled loan repayments of principal and interest on the

secured loan, the Secretary may, subject to subparagraph (C),

allow the obligor to add unpaid principal and interest to the

outstanding balance of the secured loan.

(B) Interest. - Any payment deferred under subparagraph (A)

shall -

(i) continue to accrue interest in accordance with

subsection (b)(4) until fully repaid; and

(ii) be scheduled to be amortized over the remaining term

of the loan beginning not later than 10 years after the date

of substantial completion of the project in accordance with

paragraph (1).

(C) Criteria. -

(i) In general. - Any payment deferral under subparagraph

(A) shall be contingent on the project meeting criteria

established by the Secretary.

(ii) Repayment standards. - The criteria established under

clause (i) shall include standards for reasonable assurance

of repayment.

(5) Prepayment. -

(A) Use of excess revenues. - Any excess revenues that remain

after satisfying scheduled debt service requirements on the

project obligations and secured loan and all deposit

requirements under the terms of any trust agreement, bond

resolution, or similar agreement securing project obligations

may be applied annually to prepay the secured loan without

penalty.

(B) Use of proceeds of refinancing. - The secured loan may be

prepaid at any time without penalty from the proceeds of

refinancing from non-Federal funding sources.

(d) Sale of Secured Loans. -

(1) In general. - Subject to paragraph (2), as soon as

practicable after substantial completion of a project and after

notifying the obligor, the Secretary may sell to another entity

or reoffer into the capital markets a secured loan for the

project if the Secretary determines that the sale or reoffering

can be made on favorable terms.

(2) Consent of obligor. - In making a sale or reoffering under

paragraph (1), the Secretary may not change the original terms

and conditions of the secured loan without the written consent of

the obligor.

(e) Loan Guarantees. -

(1) In general. - The Secretary may provide a loan guarantee to

a lender in lieu of making a secured loan if the Secretary

determines that the budgetary cost of the loan guarantee is

substantially the same as that of a secured loan.

(2) Terms. - The terms of a guaranteed loan shall be consistent

with the terms set forth in this section for a secured loan,

except that the rate on the guaranteed loan and any prepayment

features shall be negotiated between the obligor and the lender,

with the consent of the Secretary.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1503(a), June 9, 1998, 112

Stat. 245.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 181, 184 of this title.

-End-

-CITE-

23 USC Sec. 184 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER II - INFRASTRUCTURE FINANCE

-HEAD-

Sec. 184. Lines of credit

-STATUTE-

(a) In General. -

(1) Agreements. - Subject to paragraphs (2) through (4), the

Secretary may enter into agreements to make available lines of

credit to 1 or more obligors in the form of direct loans to be

made by the Secretary at future dates on the occurrence of

certain events for any project selected under section 182.

(2) Use of proceeds. - The proceeds of a line of credit made

available under this section shall be available to pay debt

service on project obligations issued to finance eligible project

costs, extraordinary repair and replacement costs, operation and

maintenance expenses, and costs associated with unexpected

Federal or State environmental restrictions.

(3) Risk assessment. - Before entering into an agreement under

this subsection, the Secretary, in consultation with the Director

of the Office of Management and Budget and each rating agency

providing a preliminary rating opinion letter under section

182(b)(2)(B), shall determine an appropriate capital reserve

subsidy amount for each line of credit, taking into account such

letter.

(4) Investment-grade rating requirement. - The funding of a

line of credit under this section shall be contingent on the

project's senior obligations receiving an investment-grade rating

from at least 1 rating agency.

(b) Terms and Limitations. -

(1) In general. - A line of credit under this section with

respect to a project shall be on such terms and conditions and

contain such covenants, representations, warranties, and

requirements (including requirements for audits) as the Secretary

determines appropriate.

(2) Maximum amounts. -

(A) Total amount. - The total amount of the line of credit

shall not exceed 33 percent of the reasonably anticipated

eligible project costs.

(B) 1-year draws. - The amount drawn in any 1 year shall not

exceed 20 percent of the total amount of the line of credit.

(3) Draws. - Any draw on the line of credit shall represent a

direct loan and shall be made only if net revenues from the

project (including capitalized interest, any debt service reserve

fund, and any other available reserve) are insufficient to pay

the costs specified in subsection (a)(2).

(4) Interest rate. - The interest rate on a direct loan

resulting from a draw on the line of credit shall be not less

than the yield on 30-year marketable United States Treasury

securities as of the date on which the line of credit is

obligated.

(5) Security. - The line of credit -

(A) shall -

(i) be payable, in whole or in part, from tolls, user fees,

or other dedicated revenue sources; and

(ii) include a rate covenant, coverage requirement, or

similar security feature supporting the project obligations;

and

(B) may have a lien on revenues described in subparagraph (A)

subject to any lien securing project obligations.

(6) Period of availability. - The line of credit shall be

available during the period beginning on the date of substantial

completion of the project and ending not later than 10 years

after that date.

(7) Rights of third-party creditors. -

(A) Against federal government. - A third-party creditor of

the obligor shall not have any right against the Federal

Government with respect to any draw on the line of credit.

(B) Assignment. - An obligor may assign the line of credit to

1 or more lenders or to a trustee on the lenders' behalf.

(8) Nonsubordination. - A direct loan under this section shall

not be subordinated to the claims of any holder of project

obligations in the event of bankruptcy, insolvency, or

liquidation of the obligor.

(9) Fees. - The Secretary may establish fees at a level

sufficient to cover all or a portion of the costs to the Federal

Government of providing a line of credit under this section.

(10) Relationship to other credit instruments. - A project that

receives a line of credit under this section also shall not

receive a secured loan or loan guarantee under section 183 of an

amount that, combined with the amount of the line of credit,

exceeds 33 percent of eligible project costs.

(c) Repayment. -

(1) Terms and conditions. - The Secretary shall establish

repayment terms and conditions for each direct loan under this

section based on the projected cash flow from project revenues

and other repayment sources.

(2) Timing. - All scheduled repayments of principal or interest

on a direct loan under this section shall commence not later than

5 years after the end of the period of availability specified in

subsection (b)(6) and be fully repaid, with interest, by the date

that is 25 years after the end of the period of availability

specified in subsection (b)(6).

(3) Sources of repayment funds. - The sources of funds for

scheduled loan repayments under this section shall include tolls,

user fees, or other dedicated revenue sources.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1503(a), June 9, 1998, 112

Stat. 247.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 181 of this title.

-End-

-CITE-

23 USC Sec. 185 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER II - INFRASTRUCTURE FINANCE

-HEAD-

Sec. 185. Project servicing

-STATUTE-

(a) Requirement. - The State in which a project that receives

financial assistance under this subchapter is located may identify

a local servicer to assist the Secretary in servicing the Federal

credit instrument made available under this subchapter.

(b) Agency; Fees. - If a State identifies a local servicer under

subsection (a), the local servicer -

(1) shall act as the agent for the Secretary; and

(2) may receive a servicing fee, subject to approval by the

Secretary.

(c) Liability. - A local servicer identified under subsection (a)

shall not be liable for the obligations of the obligor to the

Secretary or any lender.

(d) Assistance From Expert Firms. - The Secretary may retain the

services of expert firms in the field of municipal and project

finance to assist in the underwriting and servicing of Federal

credit instruments.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1503(a), June 9, 1998, 112

Stat. 249.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 182 of this title.

-End-

-CITE-

23 USC Sec. 186 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER II - INFRASTRUCTURE FINANCE

-HEAD-

Sec. 186. State and local permits

-STATUTE-

The provision of financial assistance under this subchapter with

respect to a project shall not -

(1) relieve any recipient of the assistance of any obligation

to obtain any required State or local permit or approval with

respect to the project;

(2) limit the right of any unit of State or local government to

approve or regulate any rate of return on private equity invested

in the project; or

(3) otherwise supersede any State or local law (including any

regulation) applicable to the construction or operation of the

project.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1503(a), June 9, 1998, 112

Stat. 249.)

-End-

-CITE-

23 USC Sec. 187 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER II - INFRASTRUCTURE FINANCE

-HEAD-

Sec. 187. Regulations

-STATUTE-

The Secretary may issue such regulations as the Secretary

determines appropriate to carry out this subchapter.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1503(a), June 9, 1998, 112

Stat. 249.)

-End-

-CITE-

23 USC Sec. 188 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER II - INFRASTRUCTURE FINANCE

-HEAD-

Sec. 188. Funding

-STATUTE-

(a) Funding. -

(1) In general. - There are authorized to be appropriated from

the Highway Trust Fund (other than the Mass Transit Account) to

carry out this subchapter -

(A) $80,000,000 for fiscal year 1999;

(B) $90,000,000 for fiscal year 2000;

(C) $110,000,000 for fiscal year 2001;

(D) $120,000,000 for fiscal year 2002; and

(E) $130,000,000 for fiscal year 2003.

(2) Administrative costs. - From funds made available under

paragraph (1), the Secretary may use, for the administration of

this subchapter, not more than $2,000,000 for each of fiscal

years 1999 through 2003.

(3) Availability. - Amounts made available under paragraph (1)

shall remain available until expended.

(b) Contract Authority. -

(1) In general. - Notwithstanding any other provision of law,

approval by the Secretary of a Federal credit instrument that

uses funds made available under this subchapter shall be deemed

to be acceptance by the United States of a contractual obligation

to fund the Federal credit instrument.

(2) Availability. - Amounts authorized under this section for a

fiscal year shall be available for obligation on October 1 of the

fiscal year.

(c) Limitations on Credit Amounts. - For each of fiscal years

1999 through 2003, principal amounts of Federal credit instruments

made available under this subchapter shall be limited to the

amounts specified in the following table:

LFiscal year: Maximum amount of

credit:

--------------------------------------------------------------------

1999 $1,600,000,000

2000 $1,800,000,000

2001 $2,200,000,000

2002 $2,400,000,000

2003 $2,600,000,000.

--------------------------------------------------------------------

-SOURCE-

(Added and amended Pub. L. 105-178, title I, Sec. 1503(a), (c),

June 9, 1998, 112 Stat. 249; Pub. L. 105-206, title IX, Sec.

9007(a), July 22, 1998, 112 Stat. 849.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-178, Sec. 1503(c)(1), as added

by Pub. L. 105-206, Sec. 9007(a), substituted "1999" for "1998".

Subsec. (c). Pub. L. 105-178, Sec. 1503(c)(2), as added by Pub.

L. 105-206, Sec. 9007(a), substituted "1999" for "1998" in

introductory provisions, and substituted table for former table

which read as follows:

L"Fiscal year: Maximum amount of

credit:

--------------------------------------------------------------------

1998 $1,200,000,000

1999 $1,200,000,000

2000 $1,800,000,000

2001 $1,800,000,000

2002 $2,300,000,000

2003 $2,300,000,000."

--------------------------------------------------------------------

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

this title.

-End-

-CITE-

23 USC Sec. 189 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER II - INFRASTRUCTURE FINANCE

-HEAD-

Sec. 189. Report to Congress

-STATUTE-

Not later than 4 years after the date of enactment of this

subchapter, the Secretary shall submit to Congress a report

summarizing the financial performance of the projects that are

receiving, or have received, assistance under this subchapter,

including a recommendation as to whether the objectives of this

subchapter are best served -

(1) by continuing the program under the authority of the

Secretary;

(2) by establishing a Government corporation or

Government-sponsored enterprise to administer the program; or

(3) by phasing out the program and relying on the capital

markets to fund the types of infrastructure investments assisted

by this subchapter without Federal participation.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1503(a), June 9, 1998, 112

Stat. 250.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this subchapter, referred to in text, is

the date of enactment of Pub. L. 105-178, which was approved June

9, 1998.

-End-