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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23 USC CHAPTER 1 - FEDERAL-AID HIGHWAYS 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-

CHAPTER 1 - FEDERAL-AID HIGHWAYS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

101 Definitions and declaration of policy.

102. Program efficiencies.

103. Federal-aid systems.

104. Apportionment.

105. Minimum guarantee.

106. Project approval and oversight.

107. Acquisition of rights-of-way - Interstate System.

108. Advance acquisition of real property.

109. Standards.

110. Revenue aligned budget authority.

111. Agreements relating to use of and access to

rights-of-way - Interstate System.

112. Letting of contracts.

113. Prevailing rate of wage.

114. Construction.

115. Advance construction.

116. Maintenance.

117. High priority projects program.

118. Availability of funds.

119. Interstate maintenance program.

120. Federal share payable.

121. Payment to States for construction.

122. Payments to States for bond and other debt instrument

financing.

123. Relocation of utility facilities.

124. Advances to States.

125. Emergency relief.

126. Uniform transferability of Federal-aid highway funds.

127. Vehicle weight limitations - Interstate System.

128. Public hearings.

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

130. Railway-highway crossings.

131. Control of outdoor advertising.

132. Payments on Federal-aid projects undertaken by a

Federal agency.

133. Surface transportation program.

134. Metropolitan planning.

135. Statewide planning.

136. Control of junkyards.

137. Fringe and corridor parking facilities.

138. Preservation of parklands.

[139. Repealed.]

140 Nondiscrimination.

141. Enforcement of requirements.

142. Public transportation.

143. Highway use tax evasion projects.

144. Highway bridge replacement and rehabilitation program.

145. Federal-State relationship.

146. Carpool and vanpool projects.

147. Priority primary routes.

148. Development of a national scenic and recreational

highway.

149. Congestion mitigation and air quality improvement

program.

[150. Repealed.]

151. National bridge inspection program.

152. Hazard elimination program.

153. Use of safety belts and motorcycle helmets.

154. Open container requirements.

155. Access highways to public recreation areas on certain

lakes.

156. Proceeds from the sale or lease of real property.

157. Safety incentive grants for use of seat belts.

158. National minimum drinking age.

159. Revocation or suspension of drivers' licenses of

individuals convicted of drug offenses.

160. Reimbursement for segments of the Interstate System

constructed without Federal assistance.

161. Operation of motor vehicles by intoxicated minors.

162. National scenic byways program.

163. Safety incentives to prevent operation of motor

vehicles by intoxicated persons.

164. Minimum penalties for repeat offenders for driving

while intoxicated or driving under the influence.

SUBCHAPTER II - INFRASTRUCTURE FINANCE

181. Definitions.

182. Determination of eligibility and project selection.

183. Secured loans.

184. Lines of credit.

185. Project servicing.

186. State and local permits.

187. Regulations.

188. Funding.

189. Report to Congress.

AMENDMENTS

1999 - Pub. L. 106-159, title I, Sec. 102(b), Dec. 9, 1999, 113

Stat. 1753, struck out item 110 "Uniform transferability of

Federal-aid highway funds", added item 126, and made technical

amendment to item 163.

1998 - Pub. L. 105-178, title I, Secs. 1103(l)(5), 1226(d),

1405(b), 1406(b), as added by Pub. L. 105-206, title IX, Secs.

9002(c)(1), 9003(a), 9005(a), July 22, 1998, 112 Stat. 834, 837,

843, struck out item 126 "Diversion" and item 150 "Allocation of

urban system funds", and added items 154 and 164.

Pub. L. 105-178, title I, Secs. 1104(b), 1105(b), 1106(c)(2)(A),

1114(b)(1), 1203(n), 1219(b), 1301(d)(2), 1303(b), 1305(d),

1310(b), 1403(b), 1404(b), 1503(b)(1), 1601(c), June 9, 1998, 112

Stat. 129, 131, 136, 154, 179, 221, 226, 227, 229, 235, 240, 241,

250, 256, added item for subchapter I, substituted "Minimum

guarantee" for "Programs" in item 105, "Project approval and

oversight" for "Plans, specifications, and estimates" in item 106,

"Advance acquisition of real property" for "Advance acquisition of

rights-of-way" in item 108, and "Revenue aligned budget authority"

for "Project agreements" in item 110, added item 110 relating to

uniform transferability of Federal-aid highway funds, substituted

"High priority projects program" for "Certification acceptance" in

item 117, made technical amendment to item 134, struck out item 139

"Additions to Interstate System", substituted "Highway use tax

evasion projects" for "Economic growth center development highways"

in item 143, "Proceeds from the sale or lease of real property" for

"Income from airspace rights-of-way" in item 156, and "Safety

incentive grants for use of seat belts" for "Minimum allocation" in

item 157, and added items 162 and 163, item for subchapter II, and

items 181 to 189.

1995 - Pub. L. 104-59, title II, Sec. 205(d)(2), title III, Secs.

311(c), 320(b), Nov. 28, 1995, 109 Stat. 577, 584, 590, substituted

"Payments" for "Payment" and "and other debt instrument financing"

for "retirement" in item 122, struck out item 154 "National maximum

speed limit", and added item 161.

1991 - Pub. L. 102-240, title I, Secs. 1007(a)(2), 1008(c),

1009(e)(2), 1014(b), 1016(f)(3), 1024(c)(1), 1025(b), 1031(a)(2),

Dec. 18, 1991, 105 Stat. 1930, 1933, 1934, 1942, 1946, 1962, 1965,

1973, substituted "Program efficiencies" for "Authorizations" in

item 102, substituted "maintenance program" for "System

resurfacing" in item 119, added item 133, substituted "Metropolitan

planning" for "Transportation planning in certain urban areas" in

item 134, substituted "Statewide planning" for "Traffic operations

improvement programs" in item 135, substituted "Congestion

mitigation and air quality improvement program" for "Truck lanes"

in item 149, and added items 153 and 160.

Pub. L. 102-143, title III, Sec. 333(b), (c), Oct. 28, 1991, 105

Stat. 947, added item 159 and repealed Pub. L. 101-516, Sec.

333(b), which added former item 159. See 1990 Amendment note below.

1990 - Pub. L. 101-516, title III, Sec. 333(b), Nov. 5, 1990, 104

Stat. 2186, which added item 159, was repealed by Pub. L. 102-143,

title III, Sec. 333(c), Oct. 28, 1991, 105 Stat. 947. Section

333(d) of Pub. L. 102-143 provided that the amendments made by

section 333 of Pub. L. 101-516 shall be treated as having not been

enacted into law.

1987 - Pub. L. 100-17, title I, Secs. 113(d)(2), 114(e)(5),

125(b)(1), 126(b), 133(b)(1), Apr. 2, 1987, 101 Stat. 150, 153,

167, 171, substituted "Advance construction" for "Construction by

States in advance of apportionment" in item 115, and "Availability

of funds" for "Availability of sums apportioned" in item 118,

struck out "and width" after "Vehicle weight" in item 127,

substituted "Carpool and vanpool projects" for identical words in

item 146, "National bridge inspection program" for "Pavement

marking demonstration program" in item 151, and "Income from

airspace rights-of-way" for "Highways crossing Federal projects" in

item 156.

1984 - Pub. L. 98-363, Sec. 6(b), July 17, 1984, 98 Stat. 437,

added item 158.

1983 - Pub. L. 97-424, title I, Sec. 119(c), Jan. 6, 1983, 96

Stat. 2111, substituted "Nondiscrimination" for "Equal employment

opportunity" in item 140.

Pub. L. 97-424, title I, Sec. 150(b), Jan. 6, 1983, 96 Stat.

2132, added item 157.

1978 - Pub. L. 95-599, Secs. 116(c), 124(b), 168(c), Nov. 6,

1978, 92 Stat. 2699, 2705, 2723, substituted "Interstate System

resurfacing" for "Repealed" in item 119, "Highway bridge

replacement and rehabilitation program" for "Special bridge

replacement program" in item 144, "Hazard elimination program" for

"Projects for high-hazard locations" in item 152, and "Repealed"

for "Program for the elimination of roadside obstacles" in item

153.

1976 - Pub. L. 94-280, title I, Secs. 123(b), 128(b), 132(b),

139, May 5, 1976, 90 Stat. 439-441, 443, substituted item 135

"Traffic operations improvement programs" for "Urban area traffic

operations improvement programs"; substituted item 146 "Repealed"

for "Special urban high density traffic programs"; added item 156

"Highways crossing Federal projects"; and substituted item lll

"Agreements relating to use of and access to rights-of-way -

Interstate System" for "Use of and access to rights-of-way -

Interstate System" and substituted items 119 and 133 "Repealed" for

"Administration of Federal-aid for highways in Alaska" and

"Relocation assistance", respectively.

1975 - Pub. L. 93-643, Secs. 107(b), 114(b), 115(b), Jan. 4,

1975, 88 Stat. 2284, 2286, 2287, substituted item 141 reading

"Enforcement of requirements" for prior text reading "Real property

acquisition policies", and added items 154 and 155.

1973 - Pub. L. 93-87, title I, Secs. 116(b), 121(b), 123(b),

125(b), 126(b), 129(c), 142(b), 157(b), title II, Secs. 205(b),

209(b), 210(b), Aug. 13, 1973, 87 Stat. 258, 261, 263, 264, 266,

272, 278, 285, 287, 288, substituted "Certification acceptance" for

"Secondary road responsibilities" in item 117, "Public

transportation" for "Urban highway public transportation" in item

142, and added items 145 to 153.

1970 - Pub. L. 91-605, title I, Secs. 111(b), 127(b), 134(b),

title II, Sec. 204(b), Dec. 31, 1970, 84 Stat. 1720, 1731, 1734,

1742, added items 142, 143, 144, and substituted "Fringe and

corridor parking facilities" for "Limitation on authorization of

appropriations for certain purposes" in item 137.

1968 - Pub. L. 90-495, Secs. 10(b), 12(b), 16(b), 22(b), 25(c),

35(b), Aug. 23, 1968, 82 Stat. 820, 822, 823, 827, 829, 836, added

items 135, 139, 140, and 141 and substituted "Prevailing rate of

wage" for "Prevailing rate of wage - Interstate System" in item 113

and "Construction by States in advance of apportionment" for

"Construction by States in advance of apportionment - Interstate

System" in item 115.

1966 - Pub. L. 89-574, Secs. 8(c)(2), 15(b), Sept. 13, 1966, 80

Stat. 769, 771, added items 137 and 138.

Pub. L. 89-564, title I, Sec. 102(b)(1), Sept. 9, 1966, 80 Stat.

734, struck out item 135 relating to highway safety programs.

1965 - Pub. L. 89-285, title I, Sec. 102, title II, Sec. 202,

Oct. 22, 1965, 79 Stat. 1030, 1032, substituted "Control of outdoor

advertising" for "Areas adjacent to the Interstate System" in item

131, and added item 136.

Pub. L. 89-139, Sec. 4(b), Aug. 28, 1965, 79 Stat. 579, added

item 135.

1962 - Pub. L. 87-866, Secs. 5(b), 9(b), Oct. 23, 1962, 76 Stat.

1147, 1148, added items 133 and 134.

1960 - Pub. L. 86-657, Secs. 4(b), 5(b), July 14, 1960, 74 Stat.

523, included ferries in item 129 and added item 132.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 206, 215, 322, 402, 405,

408, 410, 411 of this title.

-End-

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23 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178, title I, Sec. 1503(b)(2), June 9, 1998,

112 Stat. 251, inserted subchapter heading.

-End-

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23 USC Sec. 101 01/06/03

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TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 101. Definitions and declaration of policy

-STATUTE-

(a) Definitions. - In this title, the following definitions

apply:

(1) Apportionment. - The term "apportionment" includes

unexpended apportionments made under prior authorization laws.

(2) Carpool project. - The term "carpool project" means any

project to encourage the use of carpools and vanpools, including

provision of carpooling opportunities to the elderly and

individuals with disabilities, systems for locating potential

riders and informing them of carpool opportunities, acquiring

vehicles for carpool use, designating existing highway lanes as

preferential carpool highway lanes, providing related traffic

control devices, and designating existing facilities for use for

preferential parking for carpools.

(3) Construction. - The term "construction" means the

supervising, inspecting, actual building, and incurrence of all

costs incidental to the construction or reconstruction of a

highway, including bond costs and other costs relating to the

issuance in accordance with section 122 of bonds or other debt

financing instruments and costs incurred by the State in

performing Federal-aid project related audits that directly

benefit the Federal-aid highway program. Such term includes -

(A) locating, surveying, and mapping (including the

establishment of temporary and permanent geodetic markers in

accordance with specifications of the National Oceanic and

Atmospheric Administration of the Department of Commerce);

(B) resurfacing, restoration, and rehabilitation;

(C) acquisition of rights-of-way;

(D) relocation assistance, acquisition of replacement housing

sites, and acquisition and rehabilitation, relocation, and

construction of replacement housing;

(E) elimination of hazards of railway grade crossings;

(F) elimination of roadside obstacles;

(G) improvements that directly facilitate and control traffic

flow, such as grade separation of intersections, widening of

lanes, channelization of traffic, traffic control systems, and

passenger loading and unloading areas; and

(H) capital improvements that directly facilitate an

effective vehicle weight enforcement program, such as scales

(fixed and portable), scale pits, scale installation, and scale

houses.

(4) County. - The term "county" includes corresponding units of

government under any other name in States that do not have county

organizations and, in those States in which the county government

does not have jurisdiction over highways, any local government

unit vested with jurisdiction over local highways.

(5) Federal-aid highway. - The term "Federal-aid highway" means

a highway eligible for assistance under this chapter other than a

highway classified as a local road or rural minor collector.

(6) Federal-aid system. - The term "Federal-aid system" means

any of the Federal-aid highway systems described in section 103.

(7) Federal lands highway. - The term "Federal lands highway"

means a forest highway, public lands highway, park road, parkway,

refuge road, and Indian reservation road that is a public road.

(8) Forest development roads and trails. - The term "forest

development roads and trails" means forest roads and trails under

the jurisdiction of the Forest Service.

(9) Forest highway. - The term "forest highway" means a forest

road under the jurisdiction of, and maintained by, a public

authority and open to public travel.

(10) Forest road or trail. - The term "forest road or trail"

means a road or trail wholly or partly within, or adjacent to,

and serving the National Forest System that is necessary for the

protection, administration, and utilization of the National

Forest System and the use and development of its resources.

(11) Highway. - The term "highway" includes -

(A) a road, street, and parkway;

(B) a right-of-way, bridge, railroad-highway crossing,

tunnel, drainage structure, sign, guardrail, and protective

structure, in connection with a highway; and

(C) a portion of any interstate or international bridge or

tunnel and the approaches thereto, the cost of which is assumed

by a State transportation department, including such facilities

as may be required by the United States Customs and Immigration

Services in connection with the operation of an international

bridge or tunnel.

(12) Indian reservation road. - The term "Indian reservation

road" means a public road that is located within or provides

access to an Indian reservation or Indian trust land or

restricted Indian land that is not subject to fee title

alienation without the approval of the Federal Government, or

Indian and Alaska Native villages, groups, or communities in

which Indians and Alaskan Natives reside, whom the Secretary of

the Interior has determined are eligible for services generally

available to Indians under Federal laws specifically applicable

to Indians.

(13) Interstate System. - The term "Interstate System" means

the Dwight D. Eisenhower National System of Interstate and

Defense Highways described in section 103(c).

(14) Maintenance. - The term "maintenance" means the

preservation of the entire highway, including surface, shoulders,

roadsides, structures, and such traffic-control devices as are

necessary for safe and efficient utilization of the highway.

(15) Maintenance area. - The term "maintenance area" means an

area that was designated as a nonattainment area, but 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)).

(16) National Highway System. - The term "National Highway

System" means the Federal-aid highway system described in section

103(b).

(17) Operating costs for traffic monitoring, management, and

control. - The term "operating costs for traffic monitoring,

management, and control" includes labor costs, administrative

costs, costs of utilities and rent, and other costs associated

with the continuous operation of traffic control, such as

integrated traffic control systems, incident management programs,

and traffic control centers.

(18) Operational improvement. - The term "operational

improvement" -

(A) means (i) a capital improvement for installation of

traffic surveillance and control equipment, computerized signal

systems, motorist information systems, integrated traffic

control systems, incident management programs, and

transportation demand management facilities, strategies, and

programs, and (ii) such other capital improvements to public

roads as the Secretary may designate, by regulation; and

(B) does not include resurfacing, restoring, or

rehabilitating improvements, construction of additional lanes,

interchanges, and grade separations, and construction of a new

facility on a new location.

(19) Park road. - The term "park road" means a public road,

including a bridge built primarily for pedestrian use, but with

capacity for use by emergency vehicles, that is located within,

or provides access to, an area in the National Park System with

title and maintenance responsibilities vested in the United

States.

(20) Parkway. - The term "parkway", as used in chapter 2 of

this title, means a parkway authorized by Act of Congress on

lands to which title is vested in the United States.

(21) Project. - The term "project" means an undertaking to

construct a particular portion of a highway, or if the context so

implies, the particular portion of a highway so constructed or

any other undertaking eligible for assistance under this title.

(22) Project agreement. - The term "project agreement" means

the formal instrument to be executed by the State transportation

department and the Secretary as required by section 106.

(23) Public authority. - The term "public authority" means a

Federal, State, county, town, or township, Indian tribe,

municipal or other local government or instrumentality with

authority to finance, build, operate, or maintain toll or

toll-free facilities.

(24) Public lands development roads and trails. - The term

"public lands development roads and trails" means those roads and

trails that the Secretary of the Interior determines are of

primary importance for the development, protection,

administration, and utilization of public lands and resources

under the control of the Secretary of the Interior.

(25) Public lands highway. - The term "public lands highway"

means a forest road under the jurisdiction of and maintained by a

public authority and open to public travel or any highway through

unappropriated or unreserved public lands, nontaxable Indian

lands, or other Federal reservations under the jurisdiction of

and maintained by a public authority and open to public travel.

(26) Public lands highways. - The term "public lands highways"

means those main highways through unappropriated or unreserved

public lands, nontaxable Indian lands, or other Federal

reservations, which are on the Federal-aid systems.

(27) Public road. - The term "public road" means any road or

street under the jurisdiction of and maintained by a public

authority and open to public travel.

(28) Refuge road. - The term "refuge road" means a public road

that provides access to or within a unit of the National Wildlife

Refuge System and for which title and maintenance responsibility

is vested in the United States Government.

(29) Rural areas. - The term "rural areas" means all areas of a

State not included in urban areas.

(30) Safety improvement project. - The term "safety improvement

project" means a project that corrects or improves high hazard

locations, eliminates roadside obstacles, improves highway

signing and pavement marking, installs priority control systems

for emergency vehicles at signalized intersections, installs or

replaces emergency motorist aid call boxes, or installs traffic

control or warning devices at locations with high accident

potential.

(31) Secretary. - The term "Secretary" means Secretary of

Transportation.

(32) State. - The term "State" means any of the 50 States, the

District of Columbia, or Puerto Rico.

(33) State funds. - The term "State funds" includes funds

raised under the authority of the State or any political or other

subdivision thereof, and made available for expenditure under the

direct control of the State transportation department.

(34) State transportation department. - The term "State

transportation department" means that department, commission,

board, or official of any State charged by its laws with the

responsibility for highway construction.

(35) Transportation enhancement activities. - The term

"transportation enhancement activities" means, with respect to

any project or the area to be served by the project, any of the

following activities if such activity relates to surface

transportation: provision of facilities for pedestrians and

bicycles, provision of safety and educational activities for

pedestrians and bicyclists, acquisition of scenic easements and

scenic or historic sites, scenic or historic highway programs

(including the provision of tourist and welcome center

facilities), landscaping and other scenic beautification,

historic preservation, rehabilitation and operation of historic

transportation buildings, structures, or facilities (including

historic railroad facilities and canals), preservation of

abandoned railway corridors (including the conversion and use

thereof for pedestrian or bicycle trails), control and removal of

outdoor advertising, archaeological planning and research,

environmental mitigation to address water pollution due to

highway runoff or reduce vehicle-caused wildlife mortality while

maintaining habitat connectivity, and establishment of

transportation museums.

(36) Urban area. - The term "urban area" means an urbanized

area or, in the case of an urbanized area encompassing more than

one State, that part of the urbanized area in each such State, or

urban place as designated by the Bureau of the Census having a

population of 5,000 or more and not within any urbanized area,

within boundaries to be fixed by responsible State and local

officials in cooperation with each other, subject to approval by

the Secretary. Such boundaries shall encompass, at a minimum, the

entire urban place designated by the Bureau of the Census, except

in the case of cities in the State of Maine and in the State of

New Hampshire.

(37) Urbanized area. - The term "urbanized area" means an area

with a population of 50,000 or more designated by the Bureau of

the Census, within boundaries to be fixed by responsible State

and local officials in cooperation with each other, subject to

approval by the Secretary. Such boundaries shall encompass, at a

minimum, the entire urbanized area within a State as designated

by the Bureau of the Census.

(b) It is hereby declared to be in the national interest to

accelerate the construction of the Federal-aid highway systems,

including The Dwight D. Eisenhower System of Interstate and Defense

Highways, since many of such highways, or portions thereof, are in

fact inadequate to meet the needs of local and interstate commerce,

for the national and civil defense.

It is hereby declared that the prompt and early completion of The

Dwight D. Eisenhower System of Interstate and Defense Highways, so

named because of its primary importance to the national defense and

hereafter referred to as the "Interstate System", is essential to

the national interest and is one of the most important objectives

of this Act. It is the intent of Congress that the Interstate

System be completed as nearly as practicable over the period of

availability of the forty years' appropriations authorized for the

purpose of expediting its construction, reconstruction, or

improvement, inclusive of necessary tunnels and bridges, through

the fiscal year ending September 30, 1996, under section 108(b) of

the Federal-Aid Highway Act of 1956 (70 Stat. 374), and that the

entire system in all States be brought to simultaneous completion.

Insofar as possible in consonance with this objective, existing

highways located on an interstate route shall be used to the extent

that such use is practicable, suitable, and feasible, it being the

intent that local needs, to the extent practicable, suitable, and

feasible, shall be given equal consideration with the needs of

interstate commerce.

It is further declared that since the Interstate System is now in

the final phase of completion it shall be the national policy that

increased emphasis be placed on the construction and reconstruction

of the other Federal-aid systems in accordance with the first

paragraph of this subsection, in order to bring all of the

Federal-aid systems up to standards and to increase the safety of

these systems to the maximum extent.

(c) It is the sense of Congress that under existing law no part

of any sums authorized to be appropriated for expenditure upon any

Federal-aid system which has been apportioned pursuant to the

provisions of this title shall be impounded or withheld from

obligation, for purposes and projects as provided in this title, by

any officer or employee in the executive branch of the Federal

Government, except such specific sums as may be determined by the

Secretary of the Treasury, after consultation with the Secretary of

Transportation, are necessary to be withheld from obligation for

specific periods of time to assure that sufficient amounts will be

available in the Highway Trust Fund to defray the expenditures

which will be required to be made from such fund.

(d) No funds authorized to be appropriated from the Highway Trust

Fund shall be expended by or on behalf of any Federal department,

agency, or instrumentality other than the Federal Highway

Administration unless funds for such expenditure are identified and

included as a line item in an appropriation Act and are to meet

obligations of the United States heretofore or hereafter incurred

under this title attributable to the construction of Federal-aid

highways or highway planning, research, or development, or as

otherwise specifically authorized to be appropriated from the

Highway Trust Fund by Federal-aid highway legislation.

(e) It is the national policy that to the maximum extent possible

the procedures to be utilized by the Secretary and all other

affected heads of Federal departments, agencies, and

instrumentalities for carrying out this title and any other

provision of law relating to the Federal highway programs shall

encourage the substantial minimization of paperwork and interagency

decision procedures and the best use of available manpower and

funds so as to prevent needless duplication and unnecessary delays

at all levels of government.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 885; Pub. L. 86-70, Sec.

21(e)(1), June 25, 1959, 73 Stat. 146; Pub. L. 86-624, Sec. 17(a),

July 12, 1960, 74 Stat. 415; Pub. L. 87-866, Sec. 6(a), Oct. 23,

1962, 76 Stat. 1147; Pub. L. 88-423, Sec. 3, Aug. 13, 1964, 78

Stat. 397; Pub. L. 89-574, Sec. 4(a), Sept. 13, 1966, 80 Stat. 767;

Pub. L. 90-495, Secs. 4(a), 8, 15, Aug. 23, 1968, 82 Stat. 816,

819, 822; Pub. L. 91-605, title I, Secs. 104(a), 106(a), 107,

117(d), 130, 141, Dec. 31, 1970, 84 Stat. 1714, 1716, 1718, 1724,

1732, 1737; Pub. L. 93-87, title I, Secs. 105, 106(a), 107, 108,

152(1), Aug. 13, 1973, 87 Stat. 253-255, 276; Pub. L. 93-643, Sec.

102(b), Jan. 4, 1975, 88 Stat. 2281; Pub. L. 94-280, title I, Secs.

107(a), 108, May 5, 1976, 90 Stat. 430, 431; Pub. L. 95-599, title

I, Sec. 106, Nov. 6, 1978, 92 Stat. 2693; Pub. L. 97-424, title I,

Secs. 126(c), 159, Jan. 6, 1983, 96 Stat. 2115, 2135; Pub. L.

100-17, title I, Secs. 102(b)(3), 108, 109, 133(b)(2), (3), Apr. 2,

1987, 101 Stat. 135, 146, 171; Pub. L. 101-427, Oct. 15, 1990, 104

Stat. 927; Pub. L. 102-240, title I, Secs. 1001(g), 1005,

1006(g)(1), 1007(c), Dec. 18, 1991, 105 Stat. 1916, 1922, 1927,

1931; Pub. L. 104-59, title III, Secs. 301(b), 311(b), Nov. 28,

1995, 109 Stat. 578, 583; Pub. L. 105-178, title I, Sec. 1201, June

9, 1998, 112 Stat. 164.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), is Pub. L. 85-767, Aug. 27,

1958, 72 Stat. 885, as amended, which revised, codified, and

reenacted this title. For complete classification of this Act to

the Code, see Tables.

Section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat.

374), referred to in subsec. (b), is section 108(b) of act June 29,

1956, ch. 462, 70 Stat. 378, which is set out below.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178 inserted heading and amended

text of subsec. (a) generally, alphabetizing, numbering, and

inserting headings for terms defined, inserting definitions of

"maintenance area" and "refuge road", and substituting definition

of "State transportation department" for definition of "State

highway department".

1995 - Subsec. (a). Pub. L. 104-59, Sec. 311(b), in first

sentence of definition of "construction", inserted "bond costs and

other costs relating to the issuance in accordance with section 122

of bonds or other debt financing instruments," after "highway,

including".

Pub. L. 104-59, Sec. 301(b)(1), in definition of "project",

inserted before period at end "or any other undertaking eligible

for assistance under this title".

Pub. L. 104-59, Sec. 301(b)(2), added provision defining

"operating costs for traffic monitoring, management, and control"

and struck out former provision defining "startup costs for traffic

management and control" which read as follows: "The term 'startup

costs for traffic management and control' means initial costs

(including labor costs, administration costs, cost of utilities,

and rent) for integrated traffic control systems, incident

management programs, and traffic control centers."

1991 - Subsec. (a). Pub. L. 102-240, Sec. 1006(g)(1), added

provision defining "Federal-aid highways" and struck out former

provision which read as follows: "The term 'Federal-aid highways'

means highways located on one of the Federal-aid systems described

in section 103 of this title."

Pub. L. 102-240, Sec. 1005(a), in definition of "highway safety

improvement project", inserted "installs priority control systems

for emergency vehicles at signalized intersections" after

"marking,".

Pub. L. 102-240, Sec. 1005(d)(3), in definition of "Indian

reservation roads", struck out ", including roads on the

Federal-aid systems," after "public roads".

Pub. L. 102-240, Sec. 1005(d)(4), in definition of "park road",

inserted ", including a bridge built primarily for pedestrian use,

but with capacity for use by emergency vehicles" before "that is

located".

Pub. L. 102-240, Sec. 1005(b), inserted provision defining

"urbanized area" and struck out former provision which read as

follows: "The term 'urbanized area' means an area so designated by

the Bureau of the Census, within boundaries to be fixed by

responsible State and local officials in cooperation with each

other, subject to approval by the Secretary. Such boundaries shall,

as a minimum, encompass the entire urbanized area within a State as

designated by the Bureau of the Census."

Pub. L. 102-240, Sec. 1005(c), inserted provision defining

"National Highway System" and struck out former provision defining

"Federal-aid primary system" which read as follows: "The term

'Federal-aid primary system' means the Federal-aid highway system

described in subsection (b) of section 103 of this title."

Pub. L. 102-240, Sec. 1005(d)(1), (2), struck out provisions

defining "Federal-aid secondary system" and "Federal-aid urban

system" which read as follows:

"The term 'Federal-aid secondary system' means the Federal-aid

highway system described in subsection (c) of section 103 of this

title.

"The term 'Federal-aid urban system' means the Federal-aid

highway system described in subsection (d) of section 103 of this

title."

Pub. L. 102-240, Sec. 1005(e), in definition of "Interstate

System", inserted "Dwight D. Eisenhower" before "National".

Pub. L. 102-240, Sec. 1005(g), inserted provisions defining

"start-up costs for traffic management and control", "carpool

project", "public authority" and "public lands highway".

Pub. L. 102-240, Sec. 1005(f), inserted provision defining

"operational improvement".

Pub. L. 102-240, Sec. 1007(c), inserted provision defining

"transportation enhancement activities".

Subsec. (b). Pub. L. 102-240, Sec. 1001(g), substituted "forty"

for "thirty-seven" and "1996" for "1993" in second par.

1990 - Subsec. (b). 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 first two

pars.

1987 - Subsec. (a). Pub. L. 100-17, Sec. 108, in definition of

"construction", inserted "elimination of roadside obstacles," after

"grade crossings,".

Pub. L. 100-17, Sec. 133(b)(2), substituted definition of "forest

road or trail" for "forest or trail".

Pub. L. 100-17, Sec. 109, in definition of "highway safety

improvement project", inserted "installs or replaces emergency

motorist-aid call boxes," after "pavement marking,".

Pub. L. 100-17, Sec. 133(b)(3), amended definition of "park road"

generally. Prior to amendment, definition read as follows: "The

term 'park road' means a public road that is located within or

provides access to an area in the national park system."

Subsec. (b). Pub. L. 100-17, Sec. 102(b)(3), substituted

"thirty-seven years' " for "thirty-four years' " and "1993" for

"1990" in second par.

1983 - Subsec. (a). Pub. L. 97-424, Sec. 126(c)(1), substituted

provision that "park road" means a public road that is located

within or provides access to an area in the national park system,

for provision that "park roads and trails" means those roads or

trails, including the necessary bridges, located in national parks

or monuments, now or hereafter established, or in other areas

administered by the National Park Service of the Department of the

Interior (excluding parkways authorized by Acts of Congress) and

also including approach roads to national parks or monuments

authorized by the Act of January 31, 1931 (46 Stat. 1053), as

amended.

Pub. L. 97-424, Sec. 126(c)(2), substituted "The term 'Indian

reservation roads' means public roads, including roads" for "The

term 'Indian reservation roads and bridges' means roads and

bridges, including roads and bridges" before "on the Federal-aid

systems".

Pub. L. 97-424, Sec. 126(c)(3), inserted provision defining

"Federal lands highways".

Pub. L. 97-424, Sec. 159, in definition of "construction",

inserted provision that it also includes costs incurred by the

State in performing Federal-aid project related audits which

directly benefit the Federal-aid highway program.

1978 - Subsec. (a). Pub. L. 95-599, Sec. 106(a), in definition of

"construction" inserted provision relating to capital improvements.

Pub. L. 95-599, Sec. 106(b)(1), in definition of "forest road or

trail", inserted provisions requiring contingency or service to the

National Forest System and necessity for the protection,

administration, and utilization thereof.

Pub. L. 95-599, Sec. 106(b)(2), defined "forest development roads

or trails" in terms of a forest road or trail under the

jurisdiction of the Forest Service rather than in terms of a forest

road or trail of primary importance for the protection,

administration, and utilization of the national forest or other

areas under the jurisdiction of the Forest Service.

Pub. L. 95-599, Sec. 106(b)(3), defined "forest highway" in terms

of a forest road under the jurisdiction of, and maintained by, a

public authority and open to public travel rather than in terms of

a forest road which is of primary importance to the States,

counties, or communities contingent to national forests and which

is a Federal-aid system.

Pub. L. 95-599, Sec. 106(b)(4), inserted definition of "highway

safety improvement project".

1976 - Subsec. (a). Pub. L. 94-280, Sec. 108, defined

"construction" to include resurfacing, restoration, and

rehabilitation and "urban area" to exclude cities in the States of

Maine and New Hampshire and inserted definition of "public road".

Subsec. (b). Pub. L. 94-280, Sec. 107(a), substituted provision

for completion of the Interstate System over a thirty-four year

period, through the fiscal year ending September 30, 1990, for a

prior provision for such completion over a twenty-three period,

through the fiscal year ending June 30, 1979.

1975 - Subsec. (a). Pub. L. 93-643 defined "Indian reservation

roads and bridges" to include roads and bridges on the Federal-aid

systems.

1973 - Subsec. (a). Pub. L. 93-87, Sec. 105(1), in definition of

"construction", substituted "National Oceanic and Atmospheric

Administration" for "Coast and Geodetic Survey" and extended

definition to include improvements which directly facilitate and

control traffic flow, such as grade separation of intersections,

widening of lanes, channelization of traffic, traffic control

systems, and passenger loading and unloading areas.

Pub. L. 93-87, Sec. 105(3), in definition of "Indian reservation

roads and bridges", substituted "approval of the Federal

Government, or Indian and Alaska Native villages, groups, or

communities in which Indians and Alaskan Natives reside, whom the

Secretary of the Interior has determined are eligible for services

generally available to Indians under Federal laws specifically

applicable to Indians" for "approval of the Federal Government on

which Indians reside whom the Secretary of the Interior has

determined to be eligible for services generally available to

Indians under Federal laws specifically applicable to Indians".

Pub. L. 93-87, Sec. 152(1), in definition of "Secretary",

substituted "Secretary of Transportation" for "Secretary of

Commerce".

Pub. L. 93-87, Sec. 105(4), in definition of "urbanized area",

provided for boundaries of the "urbanized area" to be fixed by

responsible State and local officials in cooperation with each

other, subject to approval by the Secretary, and required such

boundaries, as a minimum, to encompass the entire urbanized area

within a State as designated by the Bureau of the Census.

Pub. L. 93-87, Sec. 105(2), in definition of "urban area",

substituted "an urbanized area or, in the case of an urbanized area

encompassing more than one State, that part of the urbanized area

in each such State, or an urban place as designated by the Bureau

of the Census having a population of five thousand or more and not

within any urbanized area, within boundaries to be fixed by

responsible State and local officials in cooperation with each

other, subject to approval by the Secretary" for "an area including

and adjacent to a municipality or other urban place having a

population of five thousand or more, as determined by the latest

available Federal census, within boundaries to be fixed by a State

highway department subject to the approval of the Secretary", and

required such boundaries, as a minimum, to encompass the entire

urban place designated by the Bureau of the Census.

Subsec. (b). Pub. L. 93-87, Secs. 106(a), 107, extended time for

completion of the National System of Interstate and Defense

Highways, substituting in second par. "twenty-three years" and

"June 30, 1979" for "twenty years" and "June 30, 1976", and

inserted third par. declaratory of national policy, since the

Interstate System is now in the final phase of completion, that

increased emphasis be placed on the construction and reconstruction

of the other Federal-aid systems in accordance with the first par.

of subsec. (b), in order to bring all of the Federal-aid systems up

to standards and to increase the safety of these systems to the

maximum extent.

Subsec. (e). Pub. L. 93-87, Sec. 108, added subsec. (e).

1970 - Subsec. (a). Pub. L. 91-605, Secs. 106(a), 117(d), 130,

141, inserted definitions of "urbanized area" and "Federal-aid

urban system", substituted "subsection (e)" for "subsection (d)" in

definition of "Interstate System", included within the costs of

construction, under the definition of "construction", relocation

assistance, acquisition of replacement housing sites, acquisition,

and rehabilitation, relocation, and construction of replacement

housing, and substituted "acquisition" for "costs" of

rights-of-way, broadened definition of "Indian reservation roads

and bridges" to include roads and bridges on State controlled

Indian reservations, trust lands, and restricted Indian lands, a

well as roads and bridges on such lands under Federal control, and

inserted in definitions of "forest highway" and "public lands

highways" provisions to ensure that these highways be on the

Federal-aid systems.

Subsec. (b). Pub. L. 91-605, Sec. 104(a), substituted "twenty

years" for "eighteen years" and "June 30, 1976" for "June 30,

1974".

Subsec. (c). Pub. L. 91-605, Sec. 107, substituted "any officer

or employee in the executive branch of the Federal Government" for

"any officer or employee of any department, agency, or

instrumentality of the executive branch of the Federal Government"

and "Highway Trust Fund" for "highway trust fund".

Subsec. (d). Pub. L. 91-605, Sec. 107, substituted provisions

prohibiting expenditure of funds from the Highway Trust Fund by any

department other than the Federal Highway Administration unless

these funds are identified and included as a line item in an

appropriation Act and are to meet obligations incurred under this

title attributable to the construction of Federal aid highways or

for planning, research, or development, or as otherwise

specifically authorized to be appropriated from the Highway Trust

Fund by Federal-aid highway legislation for provisions expressing

essentially the same prohibitions but permitting expenditures to

meet obligations incurred under this title attributable to

Federal-aid highways, and contracted for in accordance with the Act

of March 4, 1915, as amended [section 686 of Title 31, Money and

Finance], relating to work or services not usually performed by the

Federal Highway Administration, or relating to the furnishing of

materials, supplies or equipment, and expenditures specifically

identified in the budget and included in an appropriation Act.

1968 - Subsec. (a). Pub. L. 90-495, Sec. 8, inserted "and other

areas administered by the Forest Service" after "national forests"

and "national forest" in definitions of "forest road or trail" and

"forest development roads and trails".

Subsec. (b). Pub. L. 90-495, Sec. 4(a), substituted a reference

to "eighteen years' appropriation" for reference to "sixteen years'

appropriation" and substituted "June 30, 1974" for "June 30, 1972".

Subsecs. (c), (d). Pub. L. 90-495, Sec. 15, added subsecs. (c)

and (d).

1966 - Subsec. (b). Pub. L. 89-574 substituted a reference to

"sixteen years' appropriation" for reference to "fifteen years'

appropriation" and substituted "June 30, 1972" for "June 30, 1971".

1964 - Subsec. (b). Pub. L. 88-423 substituted "fifteen years"

for "thirteen years" and "June 30, 1971" for "June 30, 1969".

1962 - Subsec. (a). Pub. L. 87-866 inserted definition of "public

lands development roads and trails".

1960 - Subsec. (a). Pub. L. 86-624 substituted "fifty States, the

District of Columbia, or Puerto Rico" for "forty-nine States, the

District of Columbia, Hawaii, or Puerto Rico" in definition of

"State".

1959 - Subsec. (a). Pub. L. 86-70 substituted "forty-nine States,

the District of Columbia, Hawaii" for "forty-eight States, the

District of Columbia, Hawaii, Alaska" in definition of "State".

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-206, title IX, Sec. 9016, July 22, 1998, 112 Stat.

868, provided that: "This title [see Tables for classification] and

the amendments made by this title shall take effect simultaneously

with the enactment of the Transportation Equity Act for the 21st

Century [Pub. L. 105-178]. For purposes of all Federal laws, the

amendments made by this title shall be treated as being included in

the Transportation Equity Act for the 21st Century at the time of

the enactment of such Act [June 9, 1998], and the provisions of

such Act (including the amendments made by such Act) (as in effect

on the day before the date of enactment of this Act [July 22,

1998]) that are amended by this title shall be treated as not being

enacted."

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 1970 AMENDMENT

Section 147 of Pub. L. 91-605 provided that: "The amendments made

by section 117 [enacting section 510 of this title, amending this

section, and renumbering sections 511 and 512 of this title], 120

[amending provisions set out as a note under section 502 of this

title], and 137 of this Act [amending section 506 of this title]

shall not take effect if before the effective date of this Act

[Dec. 31, 1970] the Uniform Relocation Assistance and Land

Acquisition Policies Act of 1970 has been enacted into law." The

Uniform Relocation Assistance and Land Acquisition Policies Act of

1970, enacted as Pub. L. 91-646, 84 Stat. 1894, was approved Jan.

2, 1971, whereas this Act (Title I of Pub. L. 91-605) was approved

Dec. 31, 1970, therefore the amendments made by sections 117, 120,

and 137 of Title I of Pub. L. 91-605 took effect.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 37 of Pub. L. 90-495, as amended by Pub. L. 91-605, title

I, Sec. 120, Dec. 31, 1970, 84 Stat. 1725, provided that:

"(a) Except as otherwise provided in subsection (b) of this

section, this Act and the amendments made by this Act [enacting

sections 135, 139, 140, 141, and 501 to 511 of this title, amending

this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125,

128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title,

section 636 of Title 15, Commerce and Trade, and section 1653 of

former Title 49, Transportation, repealing section 133 of this

title, enacting provisions set out as notes under this section and

sections 104, 108, 125, 134, 501, 502, and 510 of this title] shall

take effect on the date of its enactment [Aug. 23, 1968], except

that until July 1, 1970, sections 502, 505, 506, 507, and 508 of

title 23, United States Code, as added by this Act, shall be

applicable to a State only to the extent that such State is able

under its laws to comply with such sections. Except as otherwise

provided in subsection (b) of this section, after July 1, 1970,

such sections shall be completely applicable to all States. Section

133 of title 23, United States Code, shall not apply to any State

if sections 502, 505, 506, 507, and 508 of title 23, United States

Code, are applicable in that State, and effective July 1, 1970,

such section 133 is repealed.

"(b) In the case of any State (1) which is required to amend its

constitution to comply with sections 502, 505, 506, 507, and 508 of

title 23, United States Code, and (2) which cannot submit the

required constitutional amendment for ratification prior to July 1,

1970, the date of July 1, 1970, contained in subsection (a) of this

section shall be extended to July 1, 1972."

EFFECTIVE DATE OF 1959 AMENDMENT

Section 21(e) of Pub. L. 86-70 provided that the amendments made

by that section (amending this section and sections 104, 116, and

120 of this title) are effective July 1, 1959.

SHORT TITLE OF 1998 AMENDMENTS

Pub. L. 105-206, title IX, Sec. 9001, July 22, 1998, 112 Stat.

834, provided that: "This title [see Tables for classification] may

be cited as the 'TEA 21 Restoration Act'."

Pub. L. 105-178, Sec. 1(a), June 9, 1998, 112 Stat. 107, provided

that: "This Act [see Tables for classification] may be cited as the

'Transportation Equity Act for the 21st Century'."

Pub. L. 105-178, title I, Sec. 1501, June 9, 1998, 112 Stat. 241,

provided that: "This chapter [chapter 1 (Secs. 1501-1504) of

subtitle E of title I of Pub. L. 105-178, enacting subchapter II of

this chapter, amending section 301 of Title 49, Transportation, and

enacting provisions set out as a note under section 181 of this

title] may be cited as the 'Transportation Infrastructure Finance

and Innovation Act of 1998'."

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-130, Sec. 1, Dec. 1, 1997, 111 Stat. 2552, provided

that: "This Act [amending sections 104, 321, 326, and 410 of this

title, sections 9503, 9504, and 9511 of Title 26, Internal Revenue

Code, and sections 111, 5309, 5337, 5338, 30308, and 31104 of Title

49, Transportation, enacting provisions set out as notes under

section 104 of this title and section 9503 of Title 26, and

amending provisions set out as notes under this section and section

307 of this title] may be cited as the 'Surface Transportation

Extension Act of 1997'."

SHORT TITLE OF 1995 AMENDMENT

Section 1(a) of Pub. L. 104-59 provided that: "This Act [enacting

section 161 of this title, amending this section, sections 103,

104, 106, 109, 111, 112, 115, 116, 120, 122, 127, 129, 130, 131,

133, 134, 141, 144, 149, 152, 153, 217, 303, 306, 307, 323, 409,

and 410 of this title, sections 1261 and 1262 of Title 16,

Conservation, sections 7506 and 12186 of Title 42, The Public

Health and Welfare, and sections 5316, 5331, 20140, 30308, 31112,

31136, 31306, and 45102 of Title 49, Transportation, repealing

section 154 of this title, enacting provisions set out as notes

preceding section 101 of this title and under this section,

sections 104, 109, 130, 141, 153, 154, 307, 309, 401, and 408 of

this title, section 403 of Title 16, section 7511a of Title 42, and

section 31136 of Title 49, amending provisions set out as notes

under this section and sections 104, 109, 127, 149, and 307 of this

title, and repealing provisions set out as notes preceding section

101 of this title and under section 112 of this title] may be cited

as the 'National Highway System Designation Act of 1995'."

SHORT TITLE OF 1987 AMENDMENT

Section 1(a) of Pub. L. 100-17 provided that: "This Act [enacting

sections 151, 156, and 409 of this title, section 508 of Title 33,

Navigation and Navigable Waters, section 4604 of Title 42, The

Public Health and Welfare, and sections 1607a-2, 1619, 1620, and

1621 of former Title 49, Transportation, amending this section,

sections 103, 104, 106, 109, 111, 112, 113, 114, 115, 116, 118,

119, 120, 121, 122, 123, 125, 127, 129, 130, 138, 140, 144, 152,

154, 157, 204, 210, 215, 217, 307, 315, 319, 321, 323, 401, 402,

and 408 of this title, section 460l-11 of Title 16, Conservation,

section 1761 of Title 18, Crimes and Criminal Procedure, sections

4041, 4051, 4052, 4071, 4081, 4221, 4481, 4482, 4483, 6156, 6412,

6420, 6421, 6427, and 9503 of Title 26, Internal Revenue Code,

sections 494 and 1414 of Title 33, sections 4601, 4621, 4622, 4623,

4624, 4625, 4626, 4630, 4631, 4633, 4636, 4638, 4651, and 4655 of

Title 42, sections 303 and 10922 of Title 49, and sections 1602,

1603, 1604, 1607, 1607a, 1607a-1, 1607c, 1608, 1612, 1613, 1614,

1617, 1655, 2311, 2314, and 2716 of former Title 49, repealing

sections 211, 213, 219, and 322 of this title, sections 498a, 498b,

503 to 507, 526, 526a, 529, and 535d of Title 33, and sections 4634

and 4637 of Title 42, enacting provisions set out as notes under

this section, sections 103, 104, 116, 120, 125, 127, 130, 144, 202,

307, 401, and 402 of this title, sections 1, 4052, and 4481 of

Title 26, section 4601 of Title 42, section 10922 of Title 49, and

sections 1601, 1602, 1608, and 2204 of former Title 49, amending

provisions set out as notes under this section and sections 103,

104, 130, 141, 144, 146, and 401 of this title, and repealing

provisions set out as notes under sections 114, 130, and 217 of

this title and section 526a of Title 33] may be cited as the

'Surface Transportation and Uniform Relocation Assistance Act of

1987'."

Section 101 of title I of Pub. L. 100-17 provided that: "This

title [enacting sections 151, 156, and 409 of this title and

section 508 of Title 33, Navigation and Navigable Waters, amending

this section, sections 103, 104, 106, 109, 111, 112, 113, 114, 115,

116, 118, 119, 120, 121, 122, 123, 125, 127, 129, 130, 138, 140,

144, 152, 154, 157, 204, 210, 215, 217, 307, 315, 319, 321, 323,

401, and 402 of this title, section 1761 of Title 18, Crimes and

Criminal Procedure, sections 494 and 1414 of Title 33, section 303

of Title 49, Transportation, and sections 1655, 2311, and 2716 of

former Title 49, repealing sections 211, 213, 219, and 322 of this

title and sections 498a, 498b, 503 to 507, 526, 526a, 529, and 535d

of Title 33, enacting provisions set out as notes under this

section and sections 103, 104, 116, 120, 125, 127, 130, 144, 202,

307, and 402 of this title, amending provisions set out as notes

under this section and sections 103, 104, 130, 141, 144, and 146 of

this title, and repealing provisions set out as notes under

sections 114, 130, and 217 of this title and section 526a of Title

33] may be cited as the 'Federal-Aid Highway Act of 1987'."

SHORT TITLE OF 1983 AMENDMENTS

Section 1 of Pub. L. 97-424 provided: "That this Act [enacting

section 157 of this title, sections 4051 to 4053 and 9503 of Title

26, Internal Revenue Code, and sections 1601c, 1607a, 1607a-1,

1617, 1618, and 2301 to 2315 of former Title 49, Transportation,

amending section 713c-3 of Title 15, Commerce and Trade, sections

460l-11 and 1606a of Title 16, Conservation, sections 101, 101

notes, 103, 103 note, 105, 109, 112, 113, 114, 115, 116, 118, 119,

120, 122, 125, 127, 130 notes, 137, 139, 140, 141, 142, 144, 150,

152, 201, 202, 203, 204, 210, 214, 217, 218, 307, 307 note, 401

note, and 402 of this title, sections 39, 44E, 46, 48, 103, 165

note, 167, 168, 274, 851, 852, 874, 882, 3304 note, 3454, 4041,

4061, 4063, 4071, 4081, 4101, 4102, 4221, 4222, 4481, 4482, 4483,

6049, 6156, 6201, 6206, 6362, 6412, 6416, 6420, 6421, 6427, 6504,

6675, 7210, 7603, 7604, 7605, 7609, 7610, and 9502 of Title 26,

section 1414 of Title 33, Navigation and Navigable Waters, sections

602 and 1382a of Title 42, The Public Health and Welfare, sections

1474, 1475, and 1479 of former Title 46, Shipping, section 1273 of

Title 46, Appendix, sections 10927 note, 11909 and 11914 of Title

49, and sections 1602, 1603, 1604, 1607c, 1608, 1611, 1612, 1614,

2204, 2205, 2206 of former Title 49, repealing sections 101 notes,

104 note, and 206 to 209 of this title, sections 120 note, 4091 to

4094, and 6424 of Title 26, and sections 1602 note, 1604a, 1617,

and 1618 of former Title 49, and enacting provisions set out as

notes under this section, sections 103, 104, 105, 109, 111, 119,

120, 125, 144, 146, 154, 307, 401, and 408 of this title, section

713c-3 of Title 15, sections 1, 39, 46, 165, 274, 3304, 4041, 4051,

4061, 4071, 4081, 4481, 6012, 6427, and 9503 of Title 26, section

602 of Title 42, and sections 1601, 1612, and 2315 of former Title

49] may be cited as the 'Surface Transportation Assistance Act of

1982'."

Section 101 of title I of Pub. L. 97-424 provided that: "This

title [enacting section 157 of this title, amending this section

and sections 103, 105, 109, 112, 113, 114, 115, 116, 118, 119, 120,

122, 125, 127, 137, 139, 140, 142, 144, 150, 152, 201, 202, 203,

204, 210, 214, 217, 218, and 307 of this title, repealing sections

101 notes, 104 note, and 206 to 209 of this title, and enacting

provisions set out as notes under this section, sections 103, 104,

105, 109, 111, 119, 120, 125, 144, and 146 of this title, and

section 2315 of former Title 49, Transportation] may be cited as

the 'Highway Improvement Act of 1982'."

Section 1 of Pub. L. 97-327, Oct. 15, 1982, 96 Stat. 1611,

provided: "That this Act [amending section 144 of this title,

provisions set out as notes under this section and section 130 of

this title, and enacting provisions set out as notes under section

104 of this title] may be cited as the 'Federal-Aid Highway Act of

1982'."

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-134, Sec. 13, Dec. 29, 1981, 95 Stat. 1703, provided

that: "This Act [amending sections 104, 119, and 139 of this title

and enacting provisions set out as notes under this section and

section 104 of this title] may be cited as the 'Federal-Aid Highway

Act of 1981'."

SHORT TITLE OF 1978 AMENDMENT

Section 1 of Pub. L. 95-599 provided: "That this Act [enacting

sections 119, 146, and 407 of this title, and sections 1602-1,

1607, 1614, 1615, 1616, 1617 and 1618 of former Title 49,

Transportation, amending this section, sections 103, 104, 105, 109,

111, 116, 118, 120, 122, 124, 125, 129, 131, 134, 141, 144, 148,

151, 152, 154, 155, 215, 217, 219, 320, 402, and 406 of this title,

section 1418 of Title 15, Commerce and Trade, section 460l-11 of

Title 16, Conservation, sections 39, 4041, 4061, 4071, 4081, 4481,

4482, 6156, 6412, 6421, 6427, 7210, 7603, 7604, 7605, 7609, and

7610 of Title 26, Internal Revenue Code, section 201 of former

Title 40, Appendix, Public Buildings, Property, and Works, sections

303, 1602, 1603, 1604, 1607b, 1607c, 1608, 1611, 1612, and 1613 of

former Title 49, repealing section 153 of this title and sections

1607, 1607a, and 1614 of former Title 49, and enacting provisions

set out as notes under this section, sections 103, 104, 109, 111,

120, 122, 124, 129, 130, 134, 135, 141, 142, 144, 146, 215, 217,

307, 320, 401, 402, and 403 of this title, section 6427 of Title

26, section 201 of former Title 40, Appendix, section 5904 of Title

42, The Public Health and Welfare, section 883 of Title 46,

Appendix, Shipping, and sections 1601, 1602, 1604, 1605, 1612, and

1653 of former Title 49] may be cited as the 'Surface

Transportation Assistance Act of 1978'."

Section 101 of title I of Pub. L. 95-599 provided that: "This

title [enacting sections 119 and 146 of this title, amending this

section, sections 103, 104, 105, 109, 111, 116, 118, 120, 122, 124,

125, 129, 131, 134, 141, 144, 148, 151, 152, 155, 203, 215, 217,

219, 320, and 406 of this title, and section 201 of former Title

40, Appendix, Public Buildings, Property and Works, repealing

section 153 of this title and provisions set out as notes under

this section and section 1605 of Title 42, The Public Health and

Welfare, and enacting provisions set out as notes under this

section, sections 103, 104, 109, 111, 120, 122, 124, 129, 130, 134,

135, 141, 142, 144, 146, 217, 307, and 320 of this title, section

201 of former Title 40, Appendix, section 5904 of Title 42, section

883 of Title 46, Appendix, Shipping, and section 1653 of former

Title 49, Transportation] may be cited as the 'Federal-Aid Highway

Act of 1978'."

Section 501 of Pub. L. 95-599 provided that: "This title

[amending section 4601-11 of Title 16, Conservation, sections 39,

4041, 4061, 4071, 4081, 4481, 4482, 6156, 6412, 6421, 6427, 7210,

7603, 7604, and 7605 of Title 26, Internal Revenue Code, and

enacting provisions set out as notes under sections 120 and 307 of

this title and section 6427 of Title 26] may be cited as the

'Highway Revenue Act of 1978'."

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-280, title I, Sec. 101, May 5, 1976, 90 Stat. 425,

provided that: "This title [enacting section 156 of this title,

amending this section and sections 103, 104, 106, 108, 117, 118,

121, 125, 127, 129, 131, 135, 138 to 140, 142, 147, 152, 153, 202,

203, 217, 219, 319, and 320 of this title, repealing sections 146

and 405 of this title, enacting provisions set out as notes under

this section, sections 103, 104, 124, 134, 135, 215, 218, 319, and

320 of this title, and section 1605 of former Title 49,

Transportation, and amending provisions set out as notes under this

section, sections 120, 130, and 142 of this title, and section 1605

of former Title 49] may be cited as the 'Federal-Aid Highway Act of

1976'."

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-643, Sec. 1, Jan. 4, 1975, 88 Stat. 2281, provided:

"That this Act [enacting sections 141, 154, 155, 219, and 406,

amending this section and sections 103, 115, 127, 129, 131, 136,

144, 208, 320, 322, 323, and 405, enacting provisions set out as

notes under this section, sections 142, 217, and 320, amending

provisions set out as notes under this section and sections 130 and

142, and repealing provisions set out as a note under this section]

may be cited as the 'Federal-Aid Highway Amendments of 1974'."

SHORT TITLE OF 1973 AMENDMENT

Pub. L. 93-87, title I, Sec. 101, Aug. 13, 1973, 87 Stat. 250,

provided that: "This title [enacting sections 145 to 150, 217, 218,

323, and 324 of this title and section 1602a of former Title 49,

Transportation, amending this section and sections 103 to 105, 108,

109, 114, 117, 121, 126, 129, 135, 140, 142, 143, 149, 207, 303,

307 to 310, 312, 314, and 320 of this title, and enacting

provisions set out as notes under this section, sections 103, 104,

120, 130, 142, 218, 307, 319, and 320 of this title, and sections

1608 and 1637 of former Title 49] may be cited as the 'Federal-Aid

Highway Act of 1973'."

SHORT TITLE OF 1970 AMENDMENT

Pub. L. 91-605, title I, Sec. 101, Dec. 31, 1970, 84 Stat. 1713,

provided that: "This title [enacting sections 142, 143, 215, 216,

321, and 510 of this title, amending this section and sections 103,

104, 105, 106, 109, 120, 125, 128, 129, 131, 134, 135, 136, 139,

140, 303, 307, 320, 506, 511, 512 of this title and section 517 of

Title 33, Navigation and Navigable Waters, and enacting provisions

set out as notes under this section and sections 104, 120, 129,

131, 134, 215, 216, 303, 307, 320, and 510 of this title] may be

cited as the 'Federal-Aid Highway Act of 1970'."

SHORT TITLE OF 1968 AMENDMENT

Pub. L. 90-495, Sec. 1, Aug. 23, 1968, 82 Stat. 815, provided

that: "This Act [enacting sections 135, 139, 140, and 141 of this

title, amending this section, sections 103, 104, 108, 112, 113,

115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, 402,

and 501 to 512 of this title, section 636 of Title 15, Commerce and

Trade, section 1653 of former Title 49, Transportation, and

provisions set out as a note under this section, repealing section

133 of this title and enacting provisions formerly set out as notes

under this section and sections 104, 108, 125, 134, 501, 502, and

510 of this title] may be cited as the 'Federal-Aid Highway Act of

1968'."

SHORT TITLE OF 1966 AMENDMENT

Pub. L. 89-574, Sec. 1, Sept. 13, 1966, 80 Stat. 766, provided

that: "This Act [enacting sections 120 and 138 of this title,

amending this section and sections 104, 109, 118, 120, 125, 131,

136, 302, and 319 of this title, and enacting provisions set out as

notes under this section and sections 106, 108, 125, 133, and 137

of this title] may be cited as the 'Federal-Aid Highway Act of

1966'."

SHORT TITLE OF 1965 AMENDMENT

Pub. L. 89-285, Sec. 403, Oct. 22, 1965, 79 Stat. 1033, provided

that: "This Act [enacting sections 136 of this title and provisions

set out as notes under sections 131 and 135 of this title and

amending sections 131 and 319 of this title] may be cited as the

'Highway Beautification Act of 1965'."

SHORT TITLE OF 1964 AMENDMENT

Pub. L. 88-423 Sec. 1, Aug. 13, 1964, 78 Stat. 397, provided

that: "This Act [amending this section and sections 104, 205, 209,

and 320 of this title] may be cited as the 'Federal-Aid Highway Act

of 1964'."

SHORT TITLE OF 1963 AMENDMENT

Pub. L. 88-157, Sec. 1, Oct. 24, 1963, 77 Stat. 276, provided:

"That this Act [amending sections 104, 106, 109, 121, 131, and 307

of this title] may be cited as the 'Federal-Aid Highway Amendments

Act of 1963'."

SHORT TITLE OF 1962 AMENDMENT

Pub. L. 87-866, Sec. 1, Oct. 23, 1962, 76 Stat. 1145, provided

that: "This Act [enacting sections 133, 134 and 214 of this title,

amending this section and sections 103, 104, 203, and 307 of this

title, and enacting provisions set out as a note under section 307

of this title] may be cited as the 'Federal-Aid Highway Act of

1962'."

SHORT TITLE OF 1961 AMENDMENT

Pub. L. 87-61, title I, Sec. 101, June 29, 1961, 75 Stat. 122,

provided that: "This Act [enacting section 6156 of Title 26,

Internal Revenue Code, amending sections 111, 131 and 210 of this

title and sections 4041, 4061, 4071, 4081, 4218, 4221, 4226, 4481,

4482, 6412, 6416, 6421, and 6601 of Title 26, enacting provisions

set out as notes under this section and section 104 of this title

and under section 4041 of Title 26, and amending provisions set out

as notes under this section and section 120 of this title] may be

cited as the 'Federal-Aid Highway Act of 1961'."

SHORT TITLE OF 1960 AMENDMENT

Pub. L. 86-657, Sec. 1, July 14, 1960, 74 Stat. 522, provided

that: "This Act [enacting section 132 of this title and amending

sections 104, 114, 120, 129, 203, 205, 210, and 305 of this title]

may be cited as the 'Federal Highway Act of 1960'."

SHORT TITLE OF 1959 AMENDMENT

Pub. L. 86-342, title I, Sec. 101, Sept. 21, 1959, 73 Stat. 611,

provided that: "This Act [amending sections 125, 131, 137, and 320

of this title, and sections 4041, 4081, 4082, 4226, 6412, 6416, and

6421 of Title 26, Internal Revenue Code, enacting notes set out

under section 307 of this title and section 4082 of Title 26, and

amending notes set out under this section and sections 104 and 120

of this title] may be cited as the 'Federal-Aid Highway Act of

1959'."

SEPARABILITY

Section 36 of Pub. L. 90-495 provided that: "If any provision of

this Act (including the amendments made by this Act) [enacting

sections 135, 139, 140, 141, and 501-511 of this title, amending

this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125,

128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title,

section 636 of Title 15, Commerce and Trade, section 1653 of former

Title 49, Transportation, and provisions set out as a note under

this section, repealing section 133 of this title, and enacting

provisions set out as notes under this section and sections 104,

108, 125, 134, 501, 502, and 510 of this title] or the application

thereof to any person or circumstance is held invalid, the

remainder of this Act and the application of the provision to other

persons or circumstances shall not be affected thereby."

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of Commerce and other

officers and offices of Department of Commerce under this title and

under specific related laws and parts of laws set out in the notes

in this title relating generally to highways and highway and

traffic safety transferred to and vested in Secretary of

Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931,

which created Department of Transportation. See section 102 of

Title 49, Transportation, and Pub. L. 97-449, Sec. 2, Jan. 12,

1983, 96 Stat. 2439.

-MISC2-

NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM

Pub. L. 105-178, title I, Sec. 1118, June 9, 1998, 112 Stat. 161,

provided that:

"(a) In General. - The Secretary shall establish and implement a

program to make allocations to States and metropolitan planning

organizations for coordinated planning, design, and construction of

corridors of national significance, economic growth, and

international or interregional trade. A State or metropolitan

planning organization may apply to the Secretary for allocations

under this section.

"(b) Eligibility of Corridors. - The Secretary may make

allocations under this section with respect to -

"(1) high priority corridors identified in section 1105(c) of

the Intermodal Surface Transportation Efficiency Act of 1991

[Pub. L. 102-240, 105 Stat. 2032]; and

"(2) any other significant regional or multistate highway

corridor not described in whole or in part in paragraph (1)

selected by the Secretary after consideration of -

"(A) the extent to which the annual volume of commercial

vehicle traffic at the border stations or ports of entry of

each State -

"(i) has increased since the date of enactment of the North

American Free Trade Agreement Implementation Act (Public Law

103-182 [Dec. 8, 1993]); and

"(ii) is projected to increase in the future;

"(B) the extent to which commercial vehicle traffic in each

State -

"(i) has increased since the date of enactment of the North

American Free Trade Agreement Implementation Act (Public Law

103-182); and

"(ii) is projected to increase in the future;

"(C) the extent to which international truck-borne

commodities move through each State;

"(D) the reduction in commercial and other travel time

through a major international gateway or affected port of entry

expected as a result of the proposed project including the

level of traffic delays at at-grade highway crossings of major

rail lines in trade corridors;

"(E) the extent of leveraging of Federal funds provided under

this subsection, including -

"(i) use of innovative financing;

"(ii) combination with funding provided under other

sections of this Act [see Tables for classification] and

title 23, United States Code; and

"(iii) combination with other sources of Federal, State,

local, or private funding including State, local, and private

matching funds;

"(F) the value of the cargo carried by commercial vehicle

traffic, to the extent that the value of the cargo and

congestion impose economic costs on the Nation's economy; and

"(G) encourage or facilitate major multistate or regional

mobility and economic growth and development in areas

underserved by existing highway infrastructure.

"(c) Purposes. - Allocations may be made under this section for 1

or more of the following purposes:

"(1) Feasibility studies.

"(2) Comprehensive corridor planning and design activities.

"(3) Location and routing studies.

"(4) Multistate and intrastate coordination for corridors

described in subsection (b).

"(5) After review by the Secretary of a development and

management plan for the corridor or a usable component thereof

under subsection (b) -

"(A) environmental review; and

"(B) construction.

"(d) Corridor Development and Management Plan. - A State or

metropolitan planning organization receiving an allocation under

this section shall develop, and submit to the Secretary for review,

a development and management plan for the corridor or a usable

component thereof with respect to which the allocation is being

made. Such plan shall include, at a minimum, the following

elements:

"(1) A complete and comprehensive analysis of corridor costs

and benefits.

"(2) A coordinated corridor development plan and schedule,

including a timetable for completion of all planning and

development activities, environmental reviews and permits, and

construction of all segments.

"(3) A finance plan, including any innovative financing methods

and, if the corridor is a multistate corridor, a State-by-State

breakdown of corridor finances.

"(4) The results of any environmental reviews and mitigation

plans.

"(5) The identification of any impediments to the development

and construction of the corridor, including any environmental,

social, political and economic objections.

In the case of a multistate corridor, the Secretary shall encourage

all States having jurisdiction over any portion of such corridor to

participate in the development of such plan.

"(e) Applicability of Title 23. - Funds made available by section

1101 of this Act [set out in part as a note below] to carry out

this section and section 1119 [set out below] shall be available

for obligation in the same manner as if such funds were apportioned

under chapter 1 of title 23, United States Code.

"(f) Coordination of Planning. - Planning with respect to a

corridor under this section shall be coordinated with

transportation planning being carried out by the States and

metropolitan planning organizations along the corridor and, to the

extent appropriate, with transportation planning being carried out

by Federal land management agencies, by tribal governments, or by

government agencies in Mexico or Canada.

"(g) State Defined. - In this section, the term 'State' has the

meaning such term has under section 101 of title 23, United States

Code."

COORDINATED BORDER INFRASTRUCTURE PROGRAM

Pub. L. 105-178, title I, Sec. 1119, June 9, 1998, 112 Stat. 163,

provided that:

"(a) General Authority. - The Secretary shall establish and

implement a coordinated border infrastructure program under which

the Secretary may make allocations to border States and

metropolitan planning organizations for areas within the boundaries

of 1 or more border States for projects to improve the safe

movement of people and goods at or across the border between the

United States and Canada and the border between the United States

and Mexico.

"(b) Eligible Uses. - Allocations to States and metropolitan

planning organizations under this section may only be used in a

border region for -

"(1) improvements to existing transportation and supporting

infrastructure that facilitate cross-border vehicle and cargo

movements;

"(2) construction of highways and related safety and safety

enforcement facilities that will facilitate vehicle and cargo

movements related to international trade;

"(3) operational improvements, including improvements relating

to electronic data interchange and use of telecommunications, to

expedite cross border vehicle and cargo movement;

"(4) modifications to regulatory procedures to expedite cross

border vehicle and cargo movements;

"(5) international coordination of planning, programming, and

border operation with Canada and Mexico relating to expediting

cross border vehicle and cargo movements; and

"(6) activities of Federal inspection agencies.

"(c) Selection Criteria. - The Secretary shall make allocations

under this section on the basis of -

"(1) expected reduction in commercial and other motor vehicle

travel time through an international border crossing as a result

of the project;

"(2) improvements in vehicle and highway safety and cargo

security related to motor vehicles crossing a border with Canada

or Mexico;

"(3) strategies to increase the use of existing, underutilized

border crossing facilities and approaches;

"(4) leveraging of Federal funds provided under this section,

including use of innovative financing, combination of such funds

with funding provided under other sections of this Act [see

Tables for classification], and combination with other sources of

Federal, State, local, or private funding;

"(5) degree of multinational involvement in the project and

demonstrated coordination with other Federal agencies responsible

for the inspection of vehicles, cargo, and persons crossing

international borders and their counterpart agencies in Canada

and Mexico;

"(6) improvements in vehicle and highway safety and cargo

security in and through the gateway or affected port of entry

concerned;

"(7) the degree of demonstrated coordination with Federal

inspection agencies;

"(8) the extent to which the innovative and problem solving

techniques of the proposed project would be applicable to other

border stations or ports of entry;

"(9) demonstrated local commitment to implement and sustain

continuing comprehensive border or affected port of entry

planning processes and improvement programs; and

"(10) such other factors as the Secretary determines are

appropriate to promote border transportation efficiency and

safety.

"(d) Construction of Transportation Infrastructure for Law

Enforcement Purposes. - At the request of the Administrator of

General Services, in consultation with the Attorney General, the

Secretary may transfer, during the period of fiscal years 1998

through 2001, not more than $10,000,000 of the amounts made

available by section 1101 [set out in part as a note below] to

carry out this section and section 1118 [set out above] to the

Administrator of General Services for the construction of

transportation infrastructure necessary for law enforcement in

border States.

"(e) Definitions. - In this section, the following definitions

apply:

"(1) Border region. - The term 'border region' means the

portion of a border State in the vicinity of an international

border with Canada or Mexico.

"(2) Border state. - The term 'border State' means any State

that has a boundary in common with Canada or Mexico."

HIGHWAY ECONOMIC REQUIREMENT SYSTEM

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

199, provided that:

"(1) Methodology. -

"(A) Evaluation. - The Comptroller General of the United States

shall conduct an evaluation of the methodology used by the

Department of Transportation to determine highway needs using the

highway economic requirement system (in this subsection referred

to as the 'model').

"(B) Required element. - The evaluation shall include an

assessment of the extent to which the model estimates an optimal

level of highway infrastructure investment, including an

assessment as to when the model may be overestimating or

underestimating investment requirements.

"(C) Report to congress. - Not later than 2 years after the

date of enactment of this Act [June 9, 1998], the Comptroller

General shall submit to Congress a report on the results of the

evaluation.

"(2) State investment plans. -

"(A) Study. - In consultation with State transportation

departments and other appropriate State and local officials, the

Comptroller General of the United States shall conduct a study on

the extent to which the model can be used to provide States with

useful information for developing State transportation investment

plans and State infrastructure investment projections.

"(B) Required elements. - The study shall -

"(i) identify any additional data that may need to be

collected beyond the data submitted, before the date of

enactment of this Act, to the Federal Highway Administration

through the highway performance monitoring system; and

"(ii) identify what additional work, if any, would be

required of the Federal Highway Administration and the States

to make the model useful at the State level.

"(C) Report to congress. - Not later than 3 years after the

date of enactment of this Act, the Comptroller General shall

submit to Congress a report on the results of the study."

SOUTHWEST BORDER TRANSPORTATION INFRASTRUCTURE

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

200, provided that:

"(1) Assessment. - The Secretary shall conduct a comprehensive

assessment of the state of the transportation infrastructure on the

southwest border between the United States and Mexico (in this

subsection referred to as the 'border').

"(2) Consultation. - In carrying out the assessment, the

Secretary shall consult with -

"(A) the Secretary of State;

"(B) the Attorney General;

"(C) the Secretary of the Treasury;

"(D) the Commandant of the Coast Guard;

"(E) the Administrator of General Services;

"(F) the American Commissioner on the International Boundary

Commission, United States and Mexico;

"(G) State agencies responsible for transportation and law

enforcement in border States; and

"(H) municipal governments and transportation authorities in

sister cities in the border area.

"(3) Requirements. - In carrying out the assessment, the

Secretary shall -

"(A) assess the flow of commercial and private traffic through

designated ports of entry on the border;

"(B) assess the adequacy of transportation infrastructure in

the border area, including highways, bridges, railway lines, and

border inspection facilities;

"(C) assess the adequacy of law enforcement and narcotics

abatement activities in the border area, as the activities relate

to commercial and private traffic and infrastructure;

"(D) assess future demands on transportation infrastructure in

the border area; and

"(E) make recommendations to facilitate legitimate cross-border

traffic in the border area, while maintaining the integrity of

the border.

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

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

a report on the assessment conducted under this subsection,

including any related legislative and administrative

recommendations."

TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT PROGRAM

Pub. L. 105-178, title I, Sec. 1221, June 9, 1998, 112 Stat. 221,

provided that:

"(a) Establishment. - In cooperation with appropriate State,

regional, and local governments, the Secretary shall establish a

comprehensive initiative to investigate and address the

relationships between transportation and community and system

preservation and identify private sector-based initiatives.

"(b) Research. -

"(1) In general. - In cooperation with appropriate Federal

agencies, State, regional, and local governments, and other

entities eligible for assistance under subsection (d), the

Secretary shall carry out a comprehensive research program to

investigate the relationships between transportation, community

preservation, and the environment and the role of the private

sector in shaping such relationships.

"(2) Required elements. - The program shall provide for

monitoring and analysis of projects carried out with funds made

available to carry out subsections (c) and (d).

"(c) Planning. -

"(1) In general. - The Secretary shall allocate funds made

available to carry out this subsection to States, metropolitan

planning organizations, and local governments to plan, develop,

and implement strategies to integrate transportation and

community and system preservation plans and practices.

"(2) Purposes. - The purposes of the allocations shall be -

"(A) to improve the efficiency of the transportation system;

"(B) to reduce the impacts of transportation on the

environment;

"(C) to reduce the need for costly future investments in

public infrastructure;

"(D) to provide efficient access to jobs, services, and

centers of trade; and

"(E) to examine development patterns and identify strategies

to encourage private sector development patterns which achieve

the goals identified in subparagraphs (A) through (D).

"(3) Criteria. - In allocating funds made available to carry

out this subsection, the Secretary shall give priority to

applicants that -

"(A) propose projects for funding that address the purposes

described in paragraph (2); and

"(B) demonstrate a commitment of non-Federal resources to the

proposed projects.

"(4) Additional criteria. - In addition, the Secretary shall

give consideration to applicants that demonstrate a commitment to

public and private involvement, including involvement of

nontraditional partners in the project team.

"(d) Allocation of Funds for Implementation. -

"(1) In general. - The Secretary shall allocate funds made

available to carry out this subsection to States, metropolitan

planning organizations, and local governments to carry out

projects to address transportation efficiency and community and

system preservation.

"(2) Criteria. - In allocating funds made available to carry

out this subsection, the Secretary shall give priority to

applicants that -

"(A) have instituted preservation or development plans and

programs that -

"(i) meet the requirements of title 23 and chapter 53 of

title 49, United States Code; and

"(ii)(I) are coordinated with State and local adopted

preservation or development plans;

"(II) are intended to promote cost-effective and strategic

investments in transportation infrastructure that minimize

adverse impacts on the environment; or

"(III) are intended to promote innovative private sector

strategies.

"(B) have instituted other policies to integrate

transportation and community and system preservation practices,

such as -

"(i) spending policies that direct funds to high-growth

areas;

"(ii) urban growth boundaries to guide metropolitan

expansion;

"(iii) 'green corridors' programs that provide access to

major highway corridors for areas targeted for efficient and

compact development; or

"(iv) other similar programs or policies as determined by

the Secretary;

"(C) have preservation or development policies that include a

mechanism for reducing potential impacts of transportation

activities on the environment;

"(D) examine ways to encourage private sector investments

that address the purposes of this section; and

"(E) propose projects for funding that address the purposes

described in subsection (c)(2).

"(3) Equitable distribution. - In allocating funds to carry out

this subsection, the Secretary shall ensure the equitable

distribution of funds to a diversity of populations and

geographic regions.

"(4) Use of allocated funds. -

"(A) In general. - An allocation of funds made available to

carry out this subsection shall be used by the recipient to

implement the projects proposed in the application to the

Secretary.

"(B) Types of projects. - The allocation of funds shall be

available for obligation for -

"(i) any project eligible for funding under title 23 or

chapter 53 of title 49, United States Code; or

"(ii) any other activity relating to transportation and

community and system preservation that the Secretary

determines to be appropriate, including corridor preservation

activities that are necessary to implement -

"(I) transit-oriented development plans;

"(II) traffic calming measures; or

"(III) other coordinated transportation and community and

system preservation practices.

"(e) 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 $20,000,000 for fiscal year 1999 and

$25,000,000 for each of fiscal years 2000 through 2003.

"(2) 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."

TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES

Pub. L. 105-178, title I, Sec. 1223, June 9, 1998, 112 Stat. 224,

as amended by Pub. L. 105-206, title IX, Sec. 9003(j), July 22,

1998, 112 Stat. 842, provided that:

"(a) Purpose. - The purpose of this section is to authorize the

provision of assistance for, and support of, State and local

efforts concerning surface transportation issues necessary to

obtain the national recognition and economic benefits of

participation in the International Olympic movement, the

International Paralympic movement, and the Special Olympics

International movement by hosting international quadrennial Olympic

and Paralympic events, and Special Olympics International events,

in the United States.

"(b) Priority for Transportation Projects Relating to Olympic,

Paralympic, and Special Olympic Events. - Notwithstanding any other

provision of law, from funds available to carry out sections 118(c)

and 144(g)(1) of title 23, United States Code, the Secretary may

give priority to funding for a transportation project relating to

an international quadrennial Olympic or Paralympic event, or a

Special Olympics International event, if -

"(1) the project meets the extraordinary needs associated with

an international quadrennial Olympic or Paralympic event or a

Special Olympics International event; and

"(2) the project is otherwise eligible for assistance under

sections 118(c) and 144(g)(1) of such title.

"(c) Transportation Planning Activities. - The Secretary may

participate in -

"(1) planning activities of States and metropolitan planning

organizations and transportation projects relating to an

international quadrennial Olympic or Paralympic event, or a

Special Olympics International event, under sections 134 and 135

of title 23, United States Code; and

"(2) developing intermodal transportation plans necessary for

the projects in coordination with State and local transportation

agencies.

"(d) Funding. - Notwithstanding section 5001(a) [112 Stat. 419],

from funds made available under such section, the Secretary may

provide assistance for the development of an Olympic, a Paralympic,

and a Special Olympics transportation management plan in

cooperation with an Olympic Organizing Committee responsible for

hosting, and State and local communities affected by, an

international quadrennial Olympic or Paralympic event or a Special

Olympics International event.

"(e) Transportation Projects Relating to Olympic, Paralympic, and

Special Olympic Events. -

"(1) In general. - The Secretary may provide assistance,

including planning, capital, and operating assistance, to States

and local governments in carrying out transportation projects

relating to an international quadrennial Olympic or Paralympic

event or a Special Olympics International event.

"(2) Federal share. - The Federal share of the cost of a

project assisted under this subsection shall not exceed 80

percent.

"(f) Eligible Governments. - A State or local government shall be

eligible to receive assistance under this section only if the

government is hosting a venue that is part of an international

quadrennial Olympics that is officially selected by the

International Olympic Committee or Special Olympics International.

"(g) Authorization of Appropriations. - There are authorized to

be appropriated from the Highway Trust Fund (other than the Mass

Transit Account) to carry out this section such sums as are

necessary for each of fiscal years 1998 through 2003."

DISCRETIONARY GRANT SELECTION CRITERIA AND PROCESS

Pub. L. 105-178, title I, Sec. 1311, as added by Pub. L. 105-206,

title IX, Sec. 9004(a), July 22, 1998, 112 Stat. 842, provided

that:

"(a) Establishment of Criteria. - The Secretary shall establish

criteria for all discretionary programs funded from the Highway

Trust Fund (other than the Mass Transit Account). To the extent

practicable, such criteria shall conform to the Executive Order No.

12893 [31 U.S.C. 501 note] (relating to infrastructure investment).

"(b) Selection Process. -

"(1) Limitation on acceptance of applications. - Before

accepting applications for grants under any discretionary program

for which funds are authorized to be appropriated from the

Highway Trust Fund (other than the Mass Transit Account) by this

Act [see Tables for classification] (including the amendments

made by this Act), the Secretary shall publish the criteria

established under subsection (a). Such publication shall identify

all statutory criteria and any criteria established by regulation

that will apply to the program.

"(2) Explanation. - Not less often than quarterly, the

Secretary shall submit to the Committee on Environment and Public

Works of the Senate and the Committee on Transportation and

Infrastructure of the House of Representatives a list of the

projects selected under discretionary programs funded from the

Highway Trust Fund (other than the Mass Transit Account) and an

explanation of how the projects were selected based on the

criteria established under subsection (a).

"(c) Minimum Covered Programs. - At a minimum, the criteria

established under subsection (a) and the selection process

established by subsection (b) shall apply to the following

programs:

"(1) The intelligent transportation system deployment program

under title V [see Tables for classification].

"(2) The national corridor planning and development program.

"(3) The coordinated border infrastructure and safety program.

"(4) The construction of ferry boats and ferry terminal

facilities.

"(5) The national scenic byways program.

"(6) The Interstate discretionary program.

"(7) The discretionary bridge program."

COMPLIANCE WITH BUY AMERICAN ACT

Section 359(c) of Pub. L. 104-59 directed Secretary of

Transportation to conduct a study on compliance with Buy American

Act (41 U.S.C. 10a-10c) with respect to contracts entered into

using amounts made available from Highway Trust Fund and not later

than 1 year after Nov. 28, 1995, transmit to Congress report on

results.

DISADVANTAGED BUSINESS ENTERPRISES

Pub. L. 105-178, title I, Sec. 1101(b), June 9, 1998, 112 Stat.

113, provided that:

"(1) General rule. - Except to the extent that the Secretary

determines otherwise, not less than 10 percent of the amounts made

available for any program under titles I, III, and V of this Act

[see Tables for classification] shall be expended with small

business concerns owned and controlled by socially and economically

disadvantaged individuals.

"(2) Definitions. - In this subsection, the following definitions

apply:

"(A) Small business concern. - The term 'small business

concern' has the meaning such term has under section 3 of the

Small Business Act (15 U.S.C. 632); except that such term shall

not include any concern or group of concerns controlled by the

same socially and economically disadvantaged individual or

individuals which has average annual gross receipts over the

preceding 3 fiscal years in excess of $16,600,000, as adjusted by

the Secretary for inflation.

"(B) Socially and economically disadvantaged individuals. - The

term 'socially and economically disadvantaged individuals' has

the meaning such term has under section 8(d) of the Small

Business Act (15 U.S.C. 637(d)) and relevant subcontracting

regulations promulgated pursuant thereto; except that women shall

be presumed to be socially and economically disadvantaged

individuals for purposes of this subsection.

"(3) Annual listing of disadvantaged business enterprises. - Each

State shall annually survey and compile a list of the small

business concerns referred to in paragraph (1) and the location of

such concerns in the State and notify the Secretary, in writing, of

the percentage of such concerns which are controlled by women, by

socially and economically disadvantaged individuals (other than

women), and by individuals who are women and are otherwise socially

and economically disadvantaged individuals.

"(4) Uniform certification. - The Secretary shall establish

minimum uniform criteria for State governments to use in certifying

whether a concern qualifies for purposes of this subsection. Such

minimum uniform criteria shall include, but not be limited to

on-site visits, personal interviews, licenses, analysis of stock

ownership, listing of equipment, analysis of bonding capacity,

listing of work completed, re&233;sume&233; of principal owners,

financial capacity, and type of work preferred.

"(5) Compliance with court orders. - Nothing in this subsection

limits the eligibility of an entity or person to receive funds made

available under titles I, III, and V of this Act [see Tables for

classification], if the entity or person is prevented, in whole or

in part, from complying with paragraph (1) because a Federal court

issues a final order in which the court finds that the requirement

of paragraph (1), or the program established under paragraph (1),

is unconstitutional.

"(6) Review by comptroller general. - Not later than 3 years

after the date of enactment of this Act [June 9, 1998], the

Comptroller General of the United States shall conduct a review of,

and publish and report to Congress findings and conclusions on, the

impact throughout the United States of administering the

requirement of paragraph (1), including an analysis of -

"(A) in the case of small business concerns certified in each

State under paragraph (4) as owned and controlled by socially and

economically disadvantaged individuals -

"(i) the number of the small business concerns; and

"(ii) the participation rates of the small business concerns

in prime contracts and subcontracts funded under titles I, III,

and V of this Act [see Tables for classification];

"(B) in the case of small business concerns described in

subparagraph (A) that receive prime contracts and subcontracts

funded under titles I, III, and V of this Act -

"(i) the number of the small business concerns;

"(ii) the annual gross receipts of the small business

concerns; and

"(iii) the net worth of socially and economically

disadvantaged individuals that own and control the small

business concerns;

"(C) in the case of small business concerns described in

subparagraph (A) that do not receive prime contracts and

subcontracts funded under titles I, III, and V of this Act -

"(i) the annual gross receipts of the small business

concerns; and

"(ii) the net worth of socially and economically

disadvantaged individuals that own and control the small

business concerns;

"(D) in the case of business concerns that receive prime

contracts and subcontracts funded under titles I, III, and V of

this Act, other than small business concerns described in

subparagraph (B) -

"(i) the annual gross receipts of the business concerns; and

"(ii) the net worth of individuals that own and control the

business concerns;

"(E) the rate of graduation from any programs carried out to

comply with the requirement of paragraph (1) for small business

concerns owned and controlled by socially and economically

disadvantaged individuals;

"(F) the overall cost of administering the requirement of

paragraph (1), including administrative costs, certification

costs, additional construction costs, and litigation costs;

"(G) any discrimination on the basis of race, color, national

origin, or sex against small business concerns owned and

controlled by socially and economically disadvantaged

individuals;

"(H)(i) any other factors limiting the ability of small

business concerns owned and controlled by socially and

economically disadvantaged individuals to compete for prime

contracts and subcontracts funded under titles I, III, and V of

this Act; and

"(ii) the extent to which any of those factors are caused, in

whole or in part, by discrimination based on race, color,

national origin, or sex;

"(I) any discrimination, on the basis of race, color, national

origin, or sex, against construction companies owned and

controlled by socially and economically disadvantaged individuals

in public and private transportation contracting and the

financial, credit, insurance, and bond markets;

"(J) the impact on small business concerns owned and controlled

by socially and economically disadvantaged individuals of -

"(i) the issuance of a final order described in paragraph (5)

by a Federal court that suspends a program established under

paragraph (1); or

"(ii) the repeal or suspension of State or local

disadvantaged business enterprise programs; and

"(K) the impact of the requirement of paragraph (1), and any

program carried out to comply with paragraph (1), on competition

and the creation of jobs, including the creation of jobs for

socially and economically disadvantaged individuals."

Similar provisions were contained in the following prior acts:

Pub. L. 102-240, title I, Sec. 1003(b), Dec. 18, 1991, 105 Stat.

1919.

Pub. L. 100-17, title I, Sec. 106(c), Apr. 2, 1987, 101 Stat.

145.

HIGHWAY USE TAX EVASION PROJECTS

Pub. L. 102-240, title I, Sec. 1040, Dec. 18, 1991, 105 Stat.

1992, as amended by Pub. L. 104-59, title III, Sec. 325(f), Nov.

28, 1995, 109 Stat. 592; Pub. L. 104-66, title I, Sec. 1122(b),

Dec. 21, 1995, 109 Stat. 725; Pub. L. 105-130, Sec. 5(c)(1), Dec.

1, 1997, 111 Stat. 2557, related to highway use tax evasion

projects, prior to repeal by Pub. L. 105-178, title I, Sec.

1114(b)(2), June 9, 1998, 112 Stat. 154. See section 143 of this

title.

SCENIC BYWAYS PROGRAM

Section 1047 of Pub. L. 102-240, as amended by Pub. L. 105-130,

Sec. 5(c)(2), Dec. 1, 1997, 111 Stat. 2557, provided that:

"(a) Scenic Byways Advisory Committee. -

"(1) Establishment. - Not later than 180 days after the date of

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

establish in the Department of Transportation an advisory

committee to assist the Secretary with respect to establishment

of a national scenic byways program under title 23, United States

Code.

"(2) Membership. - The advisory committee established under

this section shall be composed of 17 members as follows:

"(A) The Administrator of the Federal Highway Administration

or the designee of the Administrator who shall serve as

chairman of the advisory committee.

"(B) The Chief of the Forest Service of the Department of

Agriculture or the designee of the Chief.

"(C) The Director of the National Park Service of the

Department of the Interior or the designee of the Director.

"(D) The Director of the Bureau of Land Management of the

Department of the Interior or the designee of the Director.

"(E) The Under Secretary for Travel and Tourism of the

Department of Commerce or the designee of the Under Secretary.

"(F) The Assistant Secretary for Indian Affairs of the

Department of the Interior or the designee of the Assistant

Secretary.

"(G) 1 individual appointed by the Secretary who is specially

qualified to represent the interests of conservationists on the

advisory committee.

"(H) 1 individual appointed by the Secretary of

Transportation who is specially qualified to represent the

interests of recreational users of scenic byways on the

advisory committee.

"(I) 1 individual appointed by the Secretary who is specially

qualified to represent the interests of the tourism industry on

the advisory committee.

"(J) 1 individual appointed by the Secretary who is specially

qualified to represent the interests of historic

preservationists on the advisory committee.

"(K) 1 individual appointed by the Secretary who is specially

qualified to represent the interests of highway users on the

advisory committee.

"(L) 1 individual appointed by the Secretary to represent

State highway and transportation officials.

"(M) 1 individual appointed by the Secretary to represent

local highway and transportation officials.

"(N) 1 individual appointed by the Secretary who is specially

qualified to serve on the advisory committee as a planner.

"(O) 1 individual appointed by the Secretary who is specially

qualified to represent the motoring public.

"(P) 1 individual appointed by the Secretary who is specially

qualified to represent groups interested in scenic

preservation.

"(Q) 1 individual appointed by the Secretary who represents

the outdoor advertising industry.

Individuals appointed as members of the advisory committee under

subparagraphs (G) through (P) may be State and local government

officials. Members shall serve without compensation other than

for reasonable expenses incident to functions of the advisory

committee.

"(3) Functions. - The advisory committee established under this

subsection shall develop and make to the Secretary

recommendations regarding minimum criteria for use by State and

Federal agencies in designating highways as scenic byways and as

all-American roads for purposes of a national scenic byways

program to be established under title 23, United States Code.

Such recommendations shall include recommendations on the

following:

"(A) Consideration of the scenic beauty and historic

significance of highways proposed for designation as scenic

byways and all-American roads and the areas surrounding such

highways.

"(B) Operation and management standards for highways

designated as scenic byways and all-American roads, including

strategies for maintaining or improving the qualities for which

a highway is designated as a scenic byway or all-American road,

for protecting and enhancing the landscape and view corridors

surrounding such a highway, and for minimizing traffic

congestion on such a highway.

"(C)(i) Standards for scenic byway-related signs, including

those which identify highways as scenic byways and all-American

roads.

"(ii) The advisability of uniform signs identifying highways

as components of the scenic byway system.

"(D) Standards for maintaining highway safety on the scenic

byway system.

"(E) Design review procedures for location of highway

facilities, landscaping, and travelers' facilities on the

scenic byway system.

"(F) Procedures for reviewing and terminating the designation

of a highway designated as a scenic byway.

"(G) Such other matters as the advisory committee may deem

appropriate.

"(H) Such other matters for which the Secretary may request

recommendations.

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

enactment of this Act [Dec. 18, 1991], the advisory committee

established under this section shall submit to the Secretary and

Congress a report containing the recommendations described in

paragraph (3).

"(b) Technical and Financial Assistance. - The Secretary shall

provide technical assistance to the States (as such term is defined

under section 101 of title 23, United States Code) and shall make

grants to the States for the planning, design, and development of

State scenic byway programs.

"(c) Federal Share. - The Federal share payable for the costs of

planning, design, and development of State scenic byway programs

under this section shall be 80 percent.

"(d) Funding. - There shall be available to the Secretary for

carrying out this section (other than subsection (f)), out of the

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

$1,000,000 for fiscal year 1992, $3,000,000 for fiscal year 1993,

$4,000,000 for fiscal year 1994, $14,000,000 for each of the fiscal

years 1995, 1996, and 1997, and $7,000,000 for the period of

October 1, 1997, through March 31, 1998. Such sums shall remain

available until expended.

"(e) Contract Authority. - Notwithstanding any other provision of

law, approval by the Secretary of a grant under this section shall

be deemed a contractual obligation of the United States for payment

of the Federal share of the cost of activities for which the grant

is being made.

"(f) Interim Scenic Byways Program. -

"(1) Grant program. - During fiscal years 1992, 1993, and 1994,

the Secretary may make grants to any State which has a scenic

highway program for carrying out eligible projects on highways

which the State has designated as scenic byways.

"(2) Priority projects. - In making grants under paragraph (1),

the Secretary shall give priority to -

"(A) those eligible projects which are included in a corridor

management plan for maintaining scenic, historic, recreational,

cultural, and archeological characteristics of the corridor

while providing for accommodation of increased tourism and

development of related amenities;

"(B) those eligible projects for which a strong local

commitment is demonstrated for implementing the management

plans and protecting the characteristics for which the highway

is likely to be designated as a scenic byway;

"(C) those eligible projects which are included in programs

which can serve as models for other States to follow when

establishing and designing scenic byways on an intrastate or

interstate basis; and

"(D) those eligible projects in multi-State corridors where

the States submit joint applications.

"(3) Eligible projects. - The following are projects which are

eligible for Federal assistance under this subsection:

"(A) Planning, design, and development of State scenic byway

programs.

"(B) Making safety improvements to a highway designated as a

scenic byway under this subsection to the extent such

improvements are necessary to accommodate increased traffic,

and changes in the types of vehicles using the highway, due to

such designation.

"(C) Construction along the highway of facilities for the use

of pedestrians and bicyclists, rest areas, turnouts, highway

shoulder improvements, passing lanes, overlooks, and

interpretive facilities.

"(D) Improvements to the highway which will enhance access to

an area for the purpose of recreation, including water-related

recreation.

"(E) Protecting historical and cultural resources in areas

adjacent to the highway.

"(F) Developing and providing tourist information to the

public, including interpretive information about the scenic

byway.

"(4) Federal share. - The Federal share payable for the costs

of carrying out projects and developing programs under this

subsection with funds made available pursuant to this subsection

shall be 80 percent.

"(5) Funding. - There shall be available to the Secretary for

carrying out this subsection, out of the Highway Trust Fund

(other than the Mass Transit Account), $10,000,000 for fiscal

year 1992, $10,000,000 for fiscal year 1993, and $10,000,000 for

fiscal year 1994. Such sums shall remain available until

expended.

"(g) Limitation. - The Secretary shall not make a grant under

this section for any project which would not protect the scenic,

historic, recreational, cultural, natural, and archeological

integrity of the highway and adjacent area. The Secretary may not

use more than 10 percent of the funds authorized for each fiscal

year under subsection (f)(5) for removal of any outdoor advertising

sign, display, or device.

"(h) Treatment of Scenic Highways in Oregon. - For purposes of

this section, a highway designated as a scenic highway in the State

of Oregon shall be treated as a scenic byway."

COMMEMORATION OF DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND

DEFENSE HIGHWAYS

Section 6012 of Pub. L. 102-240 provided that:

"(a) Study. - The Secretary shall conduct a study to determine an

appropriate symbol or emblem to be placed on highway signs

referring to the Interstate System to commemorate the vision of

President Dwight D. Eisenhower in creating the Dwight D. Eisenhower

National System of Interstate and Defense Highways [now Dwight D.

Eisenhower System of Interstate and Defense Highways].

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

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

to Congress a report on the results of the study under this

section."

DESIGNATION OF NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS

AS THE DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND DEFENSE

HIGHWAYS

Pub. L. 101-427, Oct. 15, 1990, 104 Stat. 927, provided: "That -

"(a) notwithstanding any other provision of law, The National

System of Interstate and Defense Highways shall be redesignated

as 'The Dwight D. Eisenhower System of Interstate and Defense

Highways'; and

"(b) any reference before the date of enactment of this Act

[Oct. 15, 1990] in any provision of law, regulation, map, sign,

or otherwise to The National System of Interstate and Defense

Highways shall be deemed to refer, on and after such date, to The

Dwight D. Eisenhower System of Interstate and Defense Highways."

SIGNS IDENTIFYING FUNDING SOURCES

Section 154 of Pub. L. 100-17 provided that: "If a State has a

practice of erecting on projects under actual construction without

Federal-aid highway assistance signs which indicate the source or

sources of any funds used to carry out such projects, such State

shall erect on all projects under actual construction with any

funds made available out of the Highway Trust Fund (other than the

Mass Transit Account) signs which are visible to highway users and

which indicate each governmental source of funds being used to

carry out such federally assisted projects and the amount of funds

being made available by each such source."

ELIGIBILITY FOR FEDERAL-AID HIGHWAY FUNDS OF PROJECTS INVOLVING

IMPROVEMENTS IN VICINITY OF INTERCHANGES NECESSARY TO UPGRADE

SAFETY OF PRIMARY ROUTES NOT ON COMMON ALIGNMENT WITH INTERSTATE

ROUTE

Section 128 of Pub. L. 97-424 provided that: "In any case where a

project involving a Federal-aid primary route not on the Interstate

System, and a route on the Interstate System which was originally

constructed without the expenditure of any funds authorized under

section 108(b) of the Federal-Aid Highway Act of 1956, as amended

[set out as a note below], and was subsequently added to the

Interstate System, both occupying a common alignment and having

elements which have been approved in concept by the Secretary of

Transportation as part of a project providing for the upgrading of

an interchange on such Interstate route, the cost of improvements

in the vicinity of the interchange necessary to upgrade the safety

of that part of such Federal-aid primary route not on a common

alignment with such Interstate route in an environmentally

acceptable manner shall be eligible for the expenditure of funds

authorized by such section 108(b)."

STUDY OF FUTURE TRANSPORTATION PROFESSIONAL MANPOWER NEEDS; REPORT

Section 135 of Pub. L. 97-424 provided that: "The Secretary of

Transportation shall undertake to enter into appropriate

arrangements with the National Academy of Sciences' Transportation

Research Board to conduct a comprehensive study and investigation

of future transportation professional manpower needs, including but

not limited to prevailing methods of recruitment, training, and

financial and other incentives and disincentives which encourage or

discourage retention in service of such professional manpower by

Federal, State, and local governments. In entering into any

arrangement with the National Academy of Sciences for conducting

such study and investigation, the Secretary shall request the

National Academy of Sciences to report to the Secretary and the

Congress not later than two years after the enactment of this Act

[Jan. 6, 1983] on the results of such study and investigation,

together with its recommendations. The Secretary shall furnish to

the Academy at its request any information which the Academy deems

necessary for the purpose of conducting the study and investigation

authorized by this section."

CHANGE IN LOCATION OF INTERSTATE SEGMENTS

Section 139 of Pub. L. 97-424, as amended by Pub. L. 100-457,

title III, Sec. 348, Sept. 30, 1988, 102 Stat. 2156, provided that:

"(a) Notwithstanding the provisions of section 4(b) of the

Federal-Aid Highway Act of 1981 [section 4(b) of Pub. L. 97-134,

which amended section 108(b) of the Federal-Aid Highway Act of

1956, set out as a note under this section] the Secretary of

Transportation may approve a change in location of any Interstate

route or segment and approve, in lieu thereof, the construction of

such Interstate route or segment on a new location if the original

location of such route or segment meets the following criteria: (1)

it has been designated under section 103(e) of title 23, United

States Code; (2) it is serving Interstate travel as of the date of

enactment of this section [Jan. 6, 1983]; (3) it requires

improvements which are eligible under the Federal-Aid Highway Act

of 1981 [see Short Title of 1981 Amendments note above] and which

would either involve major modifications in order to meet

acceptable standards or result in severe environmental impacts and

such major modifications or mitigation measures relating to the

environmental impacts are not cost effective. The cost of the

construction of such Interstate route or segment on new location

with funds available under section 108(b) of the Federal-Aid

Highway Act of 1956, as amended [set out as a note below], shall

not exceed the estimated cost of the eligible improvements on the

original location as eligible under the Federal-Aid Highway Act of

1981 and included in the 1983 interstate cost estimate as approved

by the Congress. Such cost shall be increased or decreased, as

determined by the Secretary, based on changes in construction costs

of the original location of the route or segment as of the date of

approval of each project on the new location. Upon approval of a

new location, and funds apportioned under section 104(b)(5)(A) of

title 23, United States Code, which were expended on the route or

segment in the original location shall be refunded to the Highway

Trust Fund and credited to the unobligated balance of the State's

apportionment made under section 104(b)(5)(A) of title 23, United

States Code, and other eligible Federal-aid highway funds may be

substituted in lieu thereof at the appropriate Federal share.

"(b) Where the Secretary of Transportation approves a relocation

of an Interstate route or segment under the provisions of

subsection (a) of this section, such route or segment shall not be

eligible for withdrawal under the provisions of section 103(e)(4)

of title 23, United States Code, and shall be subject to the

Interstate System completion deadlines provided in subsections (d)

and (e) of section 107 of the Surface Transportation Assistance Act

of 1978 [section 107(d), (e) of Pub. L. 95-599, set out as a note

under section 103 of this title] or subject to Interstate System

completion deadlines as may be determined by Congress.

"(c) Notwithstanding any other provision of this section or of

any other provision of law, any project involving the relocation of

any Interstate route or segment that is approved by the Secretary

of Transportation under subsection (a) shall be eligible for

discretionary funds made available under section 118(b)(2)(B) of

title 23, United States Code."

BUY AMERICA

Section 165 of Pub. L. 97-424, as amended by Pub. L. 98-229, Sec.

10, Mar. 9, 1984, 98 Stat. 57; Pub. L. 100-17, title I, Secs.

133(a)(6), 337(a)(1), (b), (c), Apr. 2, 1987, 101 Stat. 171, 241;

Pub. L. 102-240, title I, Sec. 1048, title III, Sec. 3003(b), Dec.

18, 1991, 105 Stat. 1999, 2088; Pub. L. 103-272, Sec. 4(r), July 5,

1994, 108 Stat. 1371; Pub. L. 103-429, Sec. 7(a)(3)(E), Oct. 31,

1994, 108 Stat. 4389, provided that:

"(a) Notwithstanding any other provision of law, the Secretary of

Transportation shall not obligate any funds authorized to be

appropriated by this Act or by any Act amended by this Act [see

Short Title of 1983 Amendment note above] or, after the date of

enactment of this Act [Jan. 6, 1983], any funds authorized to be

appropriated to carry out this Act, title 23, United States Code,

or the Surface Transportation Assistance Act of 1978 [see Short

Title of 1978 Amendment note above] and administered by the

Department of Transportation, unless steel, iron, and manufactured

products used in such project are produced in the United States.

"(b) The provisions of subsection (a) of this section shall not

apply where the Secretary finds -

"(1) that their application would be inconsistent with the

public interest;

"(2) that such materials and products are not produced in the

United States in sufficient and reasonably available quantities

and of a satisfactory quality; or

"(3) [Repealed. Pub. L. 103-272, Sec. 4(r)(2), July 5, 1994,

108 Stat. 1371.]

"(4) that inclusion of domestic material will increase the cost

of the overall project contract by more than 25 percent.

"(c) For purposes of this section, in calculating components'

costs, labor costs involved in final assembly shall not be included

in the calculation.

"(d) The Secretary of Transportation shall not impose any

limitation or condition on assistance provided under this Act [see

Short Title of 1983 Amendment note above], the Surface

Transportation Assistance Act of 1978 [see Short Title of 1978

Amendment note above] or title 23, United States Code, which

restricts any State from imposing more stringent requirements than

this section on the use of articles, materials, and supplies mined,

produced, or manufactured in foreign countries in projects carried

out with such assistance or restricts any recipient of such

assistance from complying with such State imposed requirements.

"(e) [Repealed section 401 of Pub. L. 95-599, set out below.]

"(e) Report on Waivers. - By January 1, 1995, the Secretary shall

submit to Congress a report on the purchases from foreign entities

waived under subsection (b) in fiscal years 1992 and 1993,

indicating the dollar value of items for which waivers were granted

under subsection (b).

"(f) Intentional Violations. - If it has been determined by a

court or Federal agency that any person intentionally -

"(1) affixed a label bearing a 'Made in America' inscription,

or any inscription with the same meaning, to any product used in

projects to which this section applies, sold in or shipped to the

United States that was not made in the United States; or

"(2) represented that any product used in projects to which

this section applies, sold in or shipped to the United States

that was not produced in the United States, was produced in the

United States;

that person shall be ineligible to receive any contract or

subcontract made with funds authorized under the Intermodal Surface

Transportation Efficiency Act of 1991 [Pub. L. 102-240, see Short

Title of 1991 Amendment note set out under section 101 of Title 49,

Transportation] pursuant to the debarment, suspension, and

ineligibility procedures in subpart 9.4 of chapter 1 of title 48,

Code of Federal Regulations.

"(g) Limitation on Applicability of Waivers to Products Produced

in Certain Foreign Countries. - If the Secretary, in consultation

with the United States Trade Representative, determines that -

"(1) a foreign country is a party to an agreement with the

United States and pursuant to that agreement the head of an

agency of the United States has waived the requirements of this

section, and

"(2) the foreign country has violated the terms of the

agreement by discriminating against products covered by this

section that are produced in the United States and are covered by

the agreement,

the provisions of subsection (b) shall not apply to products

produced in that foreign country."

[Section 337(a) of Pub. L. 100-17 provided that:

"(1)(A) Effective October 1, 1989, section 165(b)(3) of the

Surface Transportation Assistance Act of 1982 [section 165(b)(3) of

Pub. L. 97-424, set out above] is amended by striking out '50' and

inserting in lieu thereof '55'.

"(B) Effective October 1, 1991, section 165(b)(3) of the Surface

Transportation Assistance Act of 1982 is amended by striking out

'55' and inserting in lieu thereof '60'.

"(2)(A) Except as provided in subparagraph (B), the amendments

made by subparagraphs (A) and (B) of paragraph (1) shall apply only

to contracts entered into on or after their respective effective

dates.

"(B) The amendments made by paragraph (1) shall not apply with

respect to any supplier or contractor or any successor in interest

or assignee which qualified under the provisions of section

165(b)(3) of the Surface Transportation Assistance Act of 1982

prior to the date of enactment of this Act [Apr. 2, 1987] under a

contract entered into prior to April 1, 1992."]

[Section 337(d) of Pub. L. 100-17 provided that: "The amendments

made by subsections (b) and (c) of this section [amending section

165 of Pub. L. 97-424, set out above] shall not apply to any

contract awarded pursuant to bids which were outstanding on the

date of enactment of this Act [Apr. 2, 1987]."]

USE OF ARTICLES MINED OR MANUFACTURED IN UNITED STATES

Pub. L. 95-599, title IV, Sec. 401, Nov. 6, 1978, 92 Stat. 2756,

as amended by Pub. L. 97-327, Sec. 6, Oct. 15, 1982, 96 Stat. 1613,

which required that articles, materials, and supplies used in

projects administered by Department of Transportation be mined or

produced in United States, was repealed by Pub. L. 97-424, title I,

Sec. 165(e), Jan. 6, 1983, 96 Stat. 2137.

INTERCITY PORTIONS OF INTERSTATE SYSTEM; CONSTRUCTION OF PROJECTS;

REPORT TO CONGRESS; EXEMPTION

Section 102(b) of Pub. L. 94-280 provided that at least 30

percent of the apportionment made to each State for each of the

fiscal years ending Sept. 30, 1978, and Sept. 30, 1979, of the sums

authorized in section 102(a) of Pub. L. 94-280 be expended by such

State for projects for the construction of intercity portions which

would close essential gaps in the Interstate System and provide a

continuous System; that the Secretary of Transportation report to

Congress before Oct. 1, 1976, on those intercity portions of the

Interstate System the construction of which would be needed to

close essential gaps in the System; and that a State which did not

have sufficient projects to meet the 30 percent requirement would,

upon approval of the Secretary of Transportation, be exempt from

the requirement to the extent of such inability.

INTERSTATE SYSTEM; PROHIBITION OF OBLIGATION OF FUNDS FOR

RESURFACING, RESTORATION, OR REHABILITATION PROJECTS

Section 102(c) of Pub. L. 94-280 provided that no part of the

funds authorized by section 108(b) of the Federal-Aid Highway Act

of 1956, as amended [set out as a note below], for the Interstate

System, shall be obligated for any project for resurfacing,

restoring, or rehabilitating any portion of the Interstate System.

INTERSTATE FUNDING STUDY; REPORT AND RECOMMENDATIONS TO CONGRESS

Section 150 of Pub. L. 94-280 directed Secretary of

Transportation to undertake a complete study of the financing of

completion of the Interstate Highway System and report to Congress

within nine months the results of the study, and to submit to

Congress within one year his recommendations regarding the need to

provide Federal financial assistance for resurfacing, restoration,

and rehabilitation of routes of the System together with results of

a study of alternative means of assuring that the high level of

transportation service provided by the System is maintained.

STUDY OF HIGHWAY NEEDS TO SOLVE ENERGY PROBLEMS; INVESTIGATION AND

STUDY; REPORT TO CONGRESS

Section 153 of Pub. L. 94-280 directed Secretary of

Transportation to make an investigation and study for the purpose

of determining the need for special Federal assistance in the

construction or reconstruction of highways on the Federal-aid

system necessary for the transportation of coal or other uses in

order to promote the solution of the Nation's energy problems; that

such study include appropriate consultations with the Secretary of

the Interior, the Administrator of the Federal Energy

Administration, and other appropriate Federal and State officials;

that the Secretary report the results of such investigation and

study together with his recommendations, to the Congress not later

than one year after May 5, 1976; and that, in order to carry out

the study, the Secretary use such funds as were available to him

for such purposes under section 104(a) of this title.

NATIONAL TRANSPORTATION POLICY STUDY COMMISSION; ESTABLISHMENT;

TERMINATION; ETC.

Section 154 of Pub. L. 94-280, as amended by Pub. L. 95-599,

title I, Sec. 137(a), (b)(1), Nov. 6, 1978, 92 Stat. 2710,

established National Transportation Policy Study Commission;

directed Commission, not later than July 1, 1979, to make an

investigation and study and report to the President and Congress on

the transportation needs and the resources, requirements, and

policies of the United States to meet such expected needs; and

provided for the Commission to terminate six months after the

report.

CONSENT OF GOVERNING BODY FOR EXPENDITURE OF FUNDS

Section 102(d) of Pub. L. 93-643 provided that no funds

appropriated under the expanded definition of this section [23

U.S.C. 101(a)] shall be expended without the formal consent of the

governing body of the tribe band or group of Indians or Alaskan

Natives for whose use the Indian reservation roads and bridges are

intended."

CARPOOL DEMONSTRATION PROJECTS IN URBAN AREAS; APPROPRIATIONS

AUTHORIZATION

Section 120(b) of Pub. L. 93-643, relating to grants for

demonstration projects designed to encourage the use of carpools in

urban areas, was repealed by Pub. L. 95-599, title I, Sec. 126(b),

Nov. 6, 1978, 92 Stat. 2706. See section 146 of this title.

EMERGENCY HIGHWAY ENERGY CONSERVATION

Pub. L. 93-239, Secs. 1-3, Jan. 2, 1974, 87 Stat. 1046, 1047, as

amended by Pub. L. 93-643, Secs. 114(c), 120(a), Jan. 4, 1975, 83

Stat. 2286, 2289; Pub. L. 94-280, title I, Sec. 143, May 5, 1976,

90 Stat. 445; Pub. L. 95-599, title I, Sec. 126(b), Nov. 6, 1978,

92 Stat. 2706, provided:

"[Section 1. Short title]. That this Act be cited as the

'Emergency Highway Energy Conservation Act'.

"Sec. 2. [Repealed. Pub. L. 93-643, Sec. 114(c), Jan. 4, 1975, 88

Stat. 2086.]

"Sec. 3. [Repealed. Pub. L. 95-599, title I, Sec. 126(b), Nov. 6,

1978, 92 Stat. 2706.]"

Section 4 of Pub. L. 93-239 amended section 601(d) of Federal

Aviation Act of 1958, as amended [section 1421(d) of former Title

49, Transportation], relating to emergency locator transmitters.

FUTURE HIGHWAY NEEDS: REPORTS TO CONGRESS

Section 121 of Pub. L. 91-605 provided that:

"(a) The Secretary of Transportation shall develop and include in

the report of Congress required to be submitted in January 1972, by

section 3 of the Act of August 28, 1965 (79 Stat. 578; Public Law

89-139) [set out below], specific recommendations for the

functional realinement of the Federal-aid systems. These

recommendations shall be based on the functional classification

study made in cooperation with the State highway departments and

local governments as required by the Federal-Aid Highway Act of

1968 [see section 17 of Pub. L. 90-495, set out as a note below]

and submitted to the Congress in 1970, and the functional

classification study now underway of the Federal-aid systems in

1990.

"(b) As a part of the future highway needs report to be submitted

to Congress in January 1972, the Secretary shall also make

recommendations to the Congress for a continuing Federal-aid

highway program for the period 1976 to 1990. The needs estimates to

be used in developing such programs shall be in conformance with

the functional classification studies referred to in subsection (a)

of this section and the recommendations for the functional

realinement required by such subsection.

"(c) The recommendations required by subsections (a) and (b) of

this section shall be determined on the basis of studies now being

conducted by the Secretary in cooperation with the State highway

departments and local governments, and, in urban areas of more than

fifty thousand population, utilizing the cooperative continuing

comprehensive transportation planning process conducted in

accordance with section 134 of title 23, United States Code. The

highway needs estimates prepared by the States in connection with

this report to Congress shall be submitted to Congress by the

Secretary, together with his recommendations.

"(d) As a part of the future highway needs report to be submitted

to Congress on January 1972, the Secretary shall report to Congress

the Federal-aid urban system as designated, and the cost of its

construction."

Pub. L. 89-139, Sec. 3, Aug. 28, 1965, 79 Stat. 578, which had

required the submitting of a report to Congress every second year

as to the estimates of the future highway needs of the Nation, and

Pub. L. 90-495, Sec. 17, Aug. 23, 1968, 82 Stat. 823, which had

required that the report include the results of a systematic

nationwide functional highway classification study, were repealed

by Pub. L. 97-424, title I, Sec. 160(b), Jan. 6, 1983, 96 Stat.

2135.

STUDIES OF NEED FOR AND SURVEY OF HIGHWAY CONSTRUCTION PROGRAMS FOR

GUAM, AMERICAN SAMOA, AND THE VIRGIN ISLANDS

Pub. L. 90-495, Sec. 29, Aug. 23, 1968, 82 Stat. 830, directed

the Secretary of Transportation, in cooperation with the government

of Guam, the government of American Samoa, and the government of

the Virgin Islands, to make studies of the need for, and estimates

and planning surveys relative to, highway construction programs for

Guam, American Samoa, and the Virgin Islands, and to submit a

report to Congress on or before April 1, 1969.

Pub. L. 89-574, Sec. 13, Sept. 13, 1966, 80 Stat. 770, as amended

by Pub. L. 97-449, Sec. 2(a), Jan. 2, 1983, 96 Stat. 2439, directed

the Secretary, in cooperation with the government of Guam, the

government of American Samoa, and the government of the Virgin

Islands to make studies of the need for, and estimates and planning

surveys relative to, highway construction programs for Guam,

American Samoa, and the Virgin Islands, and to submit a report to

Congress on or before July 1, 1967.

REPORT AND RECOMMENDATIONS OF SECRETARY OF COMMERCE

Section 5 of Pub. L. 85-767 directed Secretary of Commerce to

submit to Congress not later than Feb. 1, 1959, a report on

progress made in attaining objectives set forth in this section,

together with recommendations.

SECTION 108(B) OF THE FEDERAL-AID HIGHWAY ACT OF 1956

Section 108(b) of act June 29, 1956, ch. 462, title I, 70 Stat.

378, as amended by Pub. L. 85-381, Sec. 7(a), Apr. 16, 1958, 72

Stat. 93; Pub. L. 86-342, title I, Sec. 102, Sept. 21, 1959, 73

Stat. 611; Pub. L. 87-61, title I Sec. 103, June 29, 1961, 75 Stat.

122; Pub. L. 89-139, Sec. 1, Aug. 28, 1965, 79 Stat. 578; Pub. L.

89-574, Sec. 2, Sept. 13, 1966, 80 Stat. 766; Pub. L. 90-495, Sec.

2, Aug. 23, 1968, 82 Stat. 815; Pub. L. 91-605 title I, Secs. 102,

106(b)(1), Dec. 31, 1970, 84 Stat. 1714, 1716; Pub. L. 93-87, title

I, Sec. 102, Aug. 13, 1973, 87 Stat. 250; Pub. L. 94-280, title I,

Sec. 102(a), May 5, 1976, 90 Stat. 425; Pub. L. 95-599, title I,

Sec. 102, Nov. 6, 1978, 92 Stat. 2689; Pub. L. 97-134, Sec. 4(a),

(b), Dec. 29, 1981, 95 Stat. 1700; Pub. L. 97-327, Sec. 2, Oct. 15,

1982, 96 Stat. 1611; Pub. L. 97-424, title I, Secs. 102, 127(a),

Jan. 6, 1983, 96 Stat. 2097, 2117; Pub. L. 100-17, title I, Secs.

104, 138, Apr. 2, 1987, 101 Stat. 142, 175; Pub. L. 102-240, title

I, Sec. 1001(f), Dec. 18, 1991, 105 Stat. 1916; Pub. L. 103-331,

title III, Sec. 335(c), Sept. 30, 1994, 108 Stat. 2494, provided

that: "For the purpose of expediting the construction,

reconstruction, or improvement, inclusive of necessary bridges and

tunnels, of the Interstate System, including extensions thereof

through urban areas, designated in accordance with the provisions

of subsection (e) of section 103 of title 23, United States Code,

there is hereby authorized to be appropriated the additional sum of

$1,000,000,000 for the fiscal year ending June 30, 1957, which sum

shall be in addition to the authorization heretofore made for that

year, the additional sum of $1,700,000,000 for the fiscal year

ending June 30, 1958, the additional sum of $2,200,000,000 for the

fiscal year ending June 30, 1959, the additional sum of

$2,500,000,000 for the fiscal year ending June 30, 1960, the

additional sum of $1,800,000,000 for the fiscal year ending June

30, 1961, the additional sum of $2,200,000,000 for the fiscal year

ending June 30, 1962, the additional sum of $2,400,000,000 for the

fiscal year ending June 30, 1963, the additional sum of

$2,600,000,000 for the fiscal year ending June 30, 1964, the

additional sum of $2,700,000,000 for the fiscal year ending June

30, 1965, the additional sum of $2,800,000,000 for the fiscal year

ending June 30, 1966, the additional sum of $3,000,000,000 for the

fiscal year ending June 30, 1967, the additional sum of

$3,400,000,000 for the fiscal year ending June 30, 1968, the

additional sum of $3,800,000,000 for the fiscal year ending June

30, 1969, the additional sum of $4,000,000,000 for the fiscal year

ending June 30, 1970, the additional sum of $4,000,000,000 for the

fiscal year ending June 30, 1971, the additional sum of

$4,000,000,000 for the fiscal year ending June 30, 1972, the

additional sum of $4,000,000,000 for the fiscal year ending June

30, 1973, the additional sum of $2,600,000,000 for the fiscal year

ending June 30, 1974, the additional sum of $3,000,000,000 for the

fiscal year ending June 30, 1975, the additional sum of

$3,000,000,000 for the fiscal year ending June 30, 1976, the

additional sum of $3,250,000,000 for the fiscal year ending June

30, 1977, the additional sum of $3,250,000,000 for the fiscal year

ending September 30, 1978, the additional sum of $3,250,000,000 for

the fiscal year ending September 30, 1979, the additional sum of

$3,250,000,000 for the fiscal year ending September 30, 1980, the

additional sum of $3,500,000,000 for the fiscal year ending

September 30, 1981, the additional sum of $3,500,000,000 for the

fiscal year ending September 30, 1982, the additional sum of

$3,100,000,000 for the fiscal year ending September 30, 1983, the

additional sum of $4,000,000,000 for the fiscal year ending

September 30, 1984, the additional sum of $4,000,000,000 for the

fiscal year ending September 30, 1985, the additional sum of

$4,000,000,000 for the fiscal year ending September 30, 1986, the

additional sum of $4,000,000,000 for the fiscal year ending

September 30, 1987, the additional sum of $3,000,000,000 for the

fiscal year ending September 30, 1988, the additional sum of

$3,150,000,000 for the fiscal year ending September 30, 1989, the

additional sum of $3,150,000,000 for the fiscal year ending

September 30, 1990, the additional sum of $3,150,000,000 for the

fiscal year ending September 30, 1991, the additional sum of

$3,150,000,000 for the fiscal year ending September 30, 1992, the

additional sum of $1,800,000,000 for the fiscal year ending

September 30, 1993, the additional sum of $1,800,000,000 for the

fiscal year ending September 30, 1994, the additional sum of

$1,800,000,000 for the fiscal year ending September 30, 1995, and

the additional sum of $1,800,000,000, reduced by the amount made

available under section 1045(b)(1)(B) of the Intermodal Surface

Transportation Efficiency Act of 1991 [Pub. L. 102-240, as amended

by Pub. L. 103-331, title III, Sec. 335(a), Sept. 30, 1994, 108

Stat. 2494, which is not classified to the Code], for the fiscal

year ending September 30, 1996. Nothing in this subsection shall be

construed to authorize the appropriation of any sums to carry out

sections 131, 136, or 319(b) of title 23, United States Code, or

any provision of law relating to highway safety enacted after May

1, 1966. Beginning with funds authorized to be appropriated for

fiscal year 1980, no such funds shall be available for projects to

expand or clear zones immediately adjacent to the paved roadway of

routes designed prior to February, 1967. Effective on and after the

date of enactment of this sentence [Dec. 29, 1981], the obligation

of funds authorized by this subsection, except for advance

construction interstate projects approved before the date of

enactment of this sentence, shall be limited to the construction

necessary to provide a minimum level of acceptable service on the

Interstate System which shall consist of (1) full access control;

(2) a pavement design to accommodate the types and volumes of

traffic anticipated for the twenty-year period from date of

authorization of the initial basic construction contract; (3)

essential environmental requirements; (4) a design of not more than

six lanes (exclusive of high occupancy vehicle lanes) in rural

areas and all urbanized areas under four hundred thousand

population, and up to eight lanes (exclusive of high occupancy

vehicle lanes) in urbanized areas of four hundred thousand

population or more as shown in the 1980 Federal census; and (5)

those high occupancy vehicle lanes (including approaches and all

directly related facilities) included in the interstate cost

estimate for fiscal year 1981. The obligation of funds authorized

by this subsection shall be further limited to the actual costs of

only those design concepts, locations, geometrics, and other

construction features included in the 1981 interstate cost

estimate, except in any case where the Secretary of Transportation

determines that a provision of Federal law requires a different

design, location, geometric, or other construction feature of a

type authorized by this subsection. Notwithstanding any other

provision of law, including any other provision of this subsection,

where a project is to be constructed (1) to provide parking garage

ramps in conjunction with high occupancy vehicle lanes which flow

into a distributor system emptying directly into ramps for

off-street parking with preferential parking for carpools,

vanpools, and buses and the ramps are part of an environmental

mitigation effort and are designed to feed into an aerial walkway

system, or (2) to provide a parking lot near the terminus of an

Interstate System spur route which radiates from an Interstate

System beltway which will be used as an intermodal transfer

facility for a light rail transit project to be constructed in the

median of the spur route and the parking lot is part of an

environmental mitigation effort, or (3) to provide a parking garage

and associated facilities as part of an intermodal transfer

facility with a transit system near or within an Interstate System

route right-of-way which will have direct and indirect access to

the facility by way of local streets and the parking garage and

associated facilities are part of an environmental mitigation

effort, or (4) to provide for the comprehensive upgrading of

existing high occupancy vehicle lanes, new ramps and parking

facilities at mass transit intermodal transfer points on an

existing Interstate System route which has temporary high occupancy

vehicle lanes in the median and the parking facilities and ramps

are part of an environmental mitigation effort, the costs of such

parking garage ramps, parking lots, parking garages, associated

interchange ramps, high occupancy vehicle lanes, and other

associated work eligible under title 23, United States Code, shall

be eligible for funds authorized by this subsection as if the costs

for these projects were included in the 1981 interstate cost

estimate and shall be included as eligible projects in any future

interstate cost estimate. For purposes of this subsection,

construction necessary to provide a minimum level of acceptable

service on the Interstate System shall include, but not be limited

to, any construction on the Interstate System which is required

under a court order issued before the date of enactment of this

sentence. Notwithstanding the fifth sentence of this subsection,

the costs of a project which will upgrade an interstate route and

will complete a gap on the Interstate System providing access to an

international airport and which was described as the preferred

alternative in a final environmental impact statement submitted to

the Secretary of Transportation on September 30, 1983, shall be

eligible for funds authorized by this subsection as if such costs

were included in the 1981 interstate cost estimate and shall be

included as eligible costs in any future interstate cost estimate,

except that (1) such costs may be further developed in the design

and environmental process under normal Federal-aid interstate

procedures, and (2) the amount of such costs shall not include the

portion of the project between High Street and Causeway Street."

Section 127(b) of Pub. L. 97-424 provided that: "Notwithstanding

the provisions of section 108(b) of the Federal-Aid Highway Act of

1956, as amended [set out above], the Secretary of Transportation

may approve the expenditure of funds authorized under such section

for the construction of a previously approved project which

provides for improvements to and reconstruction of ramps and

service roads which are being developed as part of a roadway system

to relieve a severely congested segment on an Interstate route.

Such expenditures shall be limited (1) to work necessary to provide

more effective and safe operation of such Interstate route, and (2)

to a section of an Interstate route which proceeded to construction

contract prior to the date of enactment of such Act and which

Interstate route, together with service roads, was constructed

without the expenditure of any funds authorized by such section."

-CROSS-

DEFINITIONS OF "INTERSTATE SYSTEM" AND "SECRETARY"

Pub. L. 105-178, Sec. 2, June 9, 1998, 112 Stat. 111, provided

that: "In this Act [see Tables for classification], the following

definitions apply:

"(1) Interstate system. - The term 'Interstate System' has the

meaning such term has under section 101 of title 23, United

States Code.

"(2) Secretary. - The term 'Secretary' means the Secretary of

Transportation."

DEFINITION OF "STATE"

Pub. L. 105-178, title I, Sec. 1103(n), June 9, 1998, 112 Stat.

127, as amended by Pub. L. 105-206, title IX, Sec. 9002(c)(2), July

22, 1998, 112 Stat. 835, provided that: "For the purposes of

apportioning funds under sections 104, 105, 144, and 206 of title

23, United States Code, the term 'State' means any of the 50 States

and the District of Columbia."

DEFINITION OF "SECRETARY"

Section 2 of Pub. L. 104-59 provided that: "In this Act [See

Short Title of 1995 Amendment note above], the term 'Secretary'

means the Secretary of Transportation."

Section 2 of Pub. L. 100-17 provided that: "As used in this Act

[see Short Title of 1987 Amendment note above], the term

'Secretary' means the Secretary of Transportation."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 181 of this title; title

16 sections 460l-6a, 460lll, 3911; title 42 section 1786; title 49

sections 104, 5308, 47107.

-End-

-CITE-

23 USC Sec. 102 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 102. Program efficiencies

-STATUTE-

(a) HOV Passenger Requirements. -

(1) In general. - A State transportation department shall

establish the occupancy requirements of vehicles operating in

high occupancy vehicle lanes; except that no fewer than 2

occupants per vehicle may be required and, subject to section 163

of the Surface Transportation Assistance Act of 1982, motorcycles

and bicycles shall not be considered single occupant vehicles.

(2) Exception for inherently low-emission vehicles. -

Notwithstanding paragraph (1), before September 30, 2003, a State

may permit a vehicle with fewer than 2 occupants to operate in

high occupancy vehicle lanes if the vehicle is certified as an

Inherently Low-Emission Vehicle pursuant to title 40, Code of

Federal Regulations, and is labeled in accordance with, section

88.312-93(c) of such title. Such permission may be revoked by the

State should the State determine it necessary.

(b) Access of Motorcycles. - No State or political subdivision of

a State may enact or enforce a law that applies only to motorcycles

and the principal purpose of which is to restrict the access of

motorcycles to any highway or portion of a highway for which

Federal-aid highway funds have been utilized for planning, design,

construction, or maintenance. Nothing in this subsection shall

affect the authority of a State or political subdivision of a State

to regulate motorcycles for safety.

(c) Engineering Cost Reimbursement. - If on-site construction of,

or acquisition of right-of-way for, a highway project is not

commenced within 10 years (or such longer period as the State

requests and the Secretary determines to be reasonable) after the

date on which Federal funds are first made available, out of the

Highway Trust Fund (other than Mass Transit Account), for

preliminary engineering of such project, the State shall pay an

amount equal to the amount of Federal funds made available for such

engineering. The Secretary shall deposit in such Fund all amounts

paid to the Secretary under this section.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 887; Pub. L. 102-240,

title I, Sec. 1016(a), Dec. 18, 1991, 105 Stat. 1945; Pub. L.

105-178, title I, Secs. 1206, 1209, 1212(a)(2)(A)(i), 1304, June 9,

1998, 112 Stat. 185, 186, 193, 227.)

-REFTEXT-

REFERENCES IN TEXT

Section 163 of the Surface Transportation Assistance Act of 1982,

referred to in subsec. (a)(1), is section 163 of Pub. L. 97-424,

which is set out as a note under section 146 of this title.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1209, designated

existing provisions as par. (1), inserted heading, realigned

margins, and added par. (2).

Subsec. (a)(1). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),

substituted "State transportation department" for "State highway

department".

Subsec. (b). Pub. L. 105-178, Sec. 1206, added subsec. (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 105-178, Sec. 1304, which directed insertion

of "(or such longer period as the State requests and the Secretary

determines to be reasonable)" after "10 years" in first sentence of

subsec. (b), was executed by making the insertion in first sentence

of subsec. (c) to reflect the probable intent of Congress and the

amendment by Pub. L. 105-178, Sec. 1206. See below.

Pub. L. 105-178, Sec. 1206, redesignated subsec. (b) as (c).

1991 - Pub. L. 102-240 substituted section catchline for one

which read: "Authorizations" and amended text generally. Prior to

amendment, text read as follows: "The provisions of this title

apply to all unappropriated authorizations contained in prior Acts,

and also to all unexpended appropriations, heretofore made,

providing for the expenditure of Federal funds upon the Federal-aid

systems. All such authorizations and appropriations shall continue

in full force and effect, but hereafter obligations entered into

and expenditures made pursuant thereto shall be subject to the

provisions 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.

-End-

-CITE-

23 USC Sec. 103 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 103. Federal-aid systems

-STATUTE-

(a) In General. - For the purposes of this title, the Federal-aid

systems are the Interstate System and the National Highway System.

(b) National Highway System. -

(1) Description. - The National Highway System consists of the

highway routes and connections to transportation facilities

depicted on the map submitted by the Secretary to Congress with

the report entitled "Pulling Together: The National Highway

System and its Connections to Major Intermodal Terminals" and

dated May 24, 1996. The system shall -

(A) serve major population centers, international border

crossings, ports, airports, public transportation facilities,

and other intermodal transportation facilities and other major

travel destinations;

(B) meet national defense requirements; and

(C) serve interstate and interregional travel.

(2) Components. - The National Highway System described in

paragraph (1) consists of the following:

(A) The Interstate System described in subsection (c).

(B) Other urban and rural principal arterial routes.

(C) Other connector highways (including toll facilities) that

provide motor vehicle access between arterial routes on the

National Highway System and a major intermodal transportation

facility.

(D) A strategic highway network consisting of a network of

highways that are important to the United States strategic

defense policy and that provide defense access, continuity, and

emergency capabilities for the movement of personnel,

materials, and equipment in both peacetime and wartime. The

highways may be highways on or off the Interstate System and

shall be designated by the Secretary in consultation with

appropriate Federal agencies and the States.

(E) Major strategic highway network connectors consisting of

highways that provide motor vehicle access between major

military installations and highways that are part of the

strategic highway network. The highways shall be designated by

the Secretary in consultation with appropriate Federal agencies

and the States.

(3) Maximum mileage. - The mileage of highways on the National

Highway System shall not exceed 178,250 miles.

(4) Modifications to nhs. -

(A) In general. - The Secretary may make any modification,

including any modification consisting of a connector to a major

intermodal terminal, to the National Highway System that is

proposed by a State or that is proposed by a State and revised

by the Secretary if the Secretary determines that the

modification -

(i) meets the criteria established for the National Highway

System under this title; and

(ii) enhances the national transportation characteristics

of the National Highway System.

(B) Cooperation. -

(i) In general. - In proposing a modification under this

paragraph, a State shall cooperate with local and regional

officials.

(ii) Urbanized areas. - In an urbanized area, the local

officials shall act through the metropolitan planning

organization designated for the area under section 134.

(5) Congressional high priority corridors. - Upon the

completion of feasibility studies, the Secretary shall add to the

National Highway System any congressional high priority corridor

or any segment of such a corridor established by section 1105 of

the Intermodal Surface Transportation Efficiency Act of 1991 (105

Stat. 2031 et seq.) that was not identified on the National

Highway System described in paragraph (1).

(6) Eligible projects for nhs. - Subject to approval by the

Secretary, funds apportioned to a State under section 104(b)(1)

for the National Highway System may be obligated for any of the

following:

(A) Construction, reconstruction, resurfacing, restoration,

and rehabilitation of segments of the National Highway System.

(B) Operational improvements for segments of the National

Highway System.

(C) Construction of, and operational improvements for, a

Federal-aid highway not on the National Highway System, and

construction of a transit project eligible for assistance under

chapter 53 of title 49, if -

(i) the highway or transit project is in the same corridor

as, and in proximity to, a fully access-controlled highway

designated as a part of the National Highway System;

(ii) the construction or improvements will improve the

level of service on the fully access-controlled highway

described in clause (i) and improve regional traffic flow;

and

(iii) the construction or improvements are more

cost-effective than an improvement to the fully

access-controlled highway described in clause (i).

(D) Highway safety improvements for segments of the National

Highway System.

(E) Transportation planning in accordance with sections 134

and 135.

(F) Highway research and planning in accordance with chapter

5.

(G) Highway-related technology transfer activities.

(H) Capital and operating costs for traffic monitoring,

management, and control facilities and programs.

(I) Fringe and corridor parking facilities.

(J) Carpool and vanpool projects.

(K) Bicycle transportation and pedestrian walkways in

accordance with section 217.

(L) Development, establishment, and implementation of

management systems under section 303.

(M) In accordance with all applicable Federal law (including

regulations), participation in natural habitat and wetland

mitigation efforts related to projects funded under this title,

which may include participation in natural habitat and wetland

mitigation banks, contributions to statewide and regional

efforts to conserve, restore, enhance, and create natural

habitats and wetland, and development of statewide and regional

natural habitat and wetland conservation and mitigation plans,

including any such banks, efforts, and plans authorized under

the Water Resources Development Act of 1990 (Public Law

101-640) (including crediting provisions). Contributions to the

mitigation efforts described in the preceding sentence may take

place concurrent with or in advance of project construction;

except that contributions in advance of project construction

may occur only if the efforts are consistent with all

applicable requirements of Federal law (including regulations)

and State transportation planning processes. With respect to

participation in a natural habitat or wetland mitigation effort

related to a project funded under this title that has an impact

that occurs within the service area of a mitigation bank,

preference shall be given, to the maximum extent practicable,

to the use of the mitigation bank if the bank contains

sufficient available credits to offset the impact and the bank

is approved in accordance with the Federal Guidance for the

Establishment, Use and Operation of Mitigation Banks (60 Fed.

Reg. 58605 (November 28, 1995)) or other applicable Federal law

(including regulations).

(N) Publicly-owned intracity or intercity bus terminals.

(O) Infrastructure-based intelligent transportation systems

capital improvements.

(P) In the Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands, any project

eligible for assistance under section 133, any airport, and any

seaport.

(c) Interstate System. -

(1) Description. -

(A) In general. - The Dwight D. Eisenhower National System of

Interstate and Defense Highways within the United States

(including the District of Columbia and Puerto Rico) consists

of highways designed, located, and selected in accordance with

this paragraph.

(B) Design. -

(i) In general. - Except as provided in clause (ii),

highways on the Interstate System shall be designed in

accordance with the standards of section 109(b).

(ii) Exception. - Highways on the Interstate System in

Alaska and Puerto Rico shall be designed in accordance with

such geometric and construction standards as are adequate for

current and probable future traffic demands and the needs of

the locality of the highway.

(C) Location. - Highways on the Interstate System shall be

located so as -

(i) to connect by routes, as direct as practicable, the

principal metropolitan areas, cities, and industrial centers;

(ii) to serve the national defense; and

(iii) to the maximum extent practicable, to connect at

suitable border points with routes of continental importance

in Canada and Mexico.

(D) Selection of routes. - To the maximum extent practicable,

each route of the Interstate System shall be selected by joint

action of the State transportation departments of the State in

which the route is located and the adjoining States, in

cooperation with local and regional officials, and subject to

the approval of the Secretary.

(2) Maximum mileage. - The mileage of highways on the

Interstate System shall not exceed 43,000 miles, exclusive of

designations under paragraph (4).

(3) Modifications. - The Secretary may approve or require

modifications to the Interstate System in a manner consistent

with the policies and procedures established under this

subsection.

(4) Interstate system designations. -

(A) Additions. - If the Secretary determines that a highway

on the National Highway System meets all standards of a highway

on the Interstate System and that the highway is a logical

addition or connection to the Interstate System, the Secretary

may, upon the affirmative recommendation of the State or States

in which the highway is located, designate the highway as a

route on the Interstate System.

(B) Designations as future interstate system routes. -

(i) In general. - If the Secretary determines that a

highway on the National Highway System would be a logical

addition or connection to the Interstate System and would

qualify for designation as a route on the Interstate System

under subparagraph (A) if the highway met all standards of a

highway on the Interstate System, the Secretary may, upon the

affirmative recommendation of the State or States in which

the highway is located, designate the highway as a future

Interstate System route.

(ii) Written agreement of states. - A designation under

clause (i) shall be made only upon the written agreement of

the State or States described in such clause that the highway

will be constructed to meet all standards of a highway on the

Interstate System by the date that is 12 years after the date

of the agreement.

(iii) Removal of designation. -

(I) In general. - If the State or States described in

clause (i) have not substantially completed the

construction of a highway designated under this

subparagraph within the time provided for in the agreement

between the Secretary and the State or States under clause

(ii), the Secretary shall remove the designation of the

highway as a future Interstate System route.

(II) Effect of removal. - Removal of the designation of a

highway under subclause (I) shall not preclude the

Secretary from designating the highway as a route on the

Interstate System under subparagraph (A) or under any other

provision of law providing for addition to the Interstate

System.

(iv) Prohibition on referral as interstate system route. -

No law, rule, regulation, map, document, or other record of

the United States, or of any State or political subdivision

of a State, shall refer to any highway designated as a future

Interstate System route under this subparagraph, nor shall

any such highway be signed or marked, as a highway on the

Interstate System until such time as the highway is

constructed to the geometric and construction standards for

the Interstate System and has been designated as a route on

the Interstate System.

(C) Financial responsibility. - Except as provided in this

title, the designation of a highway under this paragraph shall

create no additional Federal financial responsibility with

respect to the highway.

(d) Transfer of Interstate Construction Funds. -

(1) Interstate construction funds not in surplus. -

(A) In general. - Upon application by a State and approval by

the Secretary, the Secretary may transfer to the apportionment

of the State under section 104(b)(1) any amount of funds

apportioned to the State under section 104(b)(5)(A) (as in

effect on the day before the date of enactment of the

Transportation Equity Act for the 21st Century), if the amount

does not exceed the Federal share of the costs of construction

of segments of the Interstate System in the State included in

the most recent Interstate System cost estimate.

(B) Effect of transfer. - Upon transfer of an amount under

subparagraph (A), the construction on which the amount is

based, as included in the most recent Interstate System cost

estimate, shall not be eligible for funding under section

104(b)(5)(A) (as in effect on the day before the date of

enactment of the Transportation Equity Act for the 21st

Century) or 118(c).

(2) Surplus interstate construction funds. - Upon application

by a State and approval by the Secretary, the Secretary may

transfer to the apportionment of the State under section

104(b)(1) any amount of surplus funds apportioned to the State

under section 104(b)(5)(A) (as in effect on the day before the

date of enactment of the Transportation Equity Act for the 21st

Century), if the State has fully financed all work eligible under

the most recent Interstate System cost estimate.

(3) Applicability of certain laws. - Funds transferred under

this subsection shall be subject to the laws (including

regulations, policies, and procedures) relating to the

apportionment to which the funds are transferred.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 887; Pub. L. 86-70, Sec.

21(d)(1), June 25, 1959, 73 Stat. 145; Pub. L. 86-624, Sec. 17(b),

(c), July 12, 1960, 74 Stat. 415; Pub. L. 87-866, Sec. 8(a), Oct.

23, 1962, 76 Stat. 1147; Pub. L. 90-238, Jan. 2, 1968, 81 Stat.

772; Pub. L. 90-495, Secs. 14, 21, Aug. 23, 1968, 82 Stat. 822,

826; Pub. L. 91-605, title I, Secs. 106(b), 124, Dec. 31, 1970, 84

Stat. 1716, 1729; Pub. L. 93-87, title I, Secs. 109(a), 110(a),

(b), 137, 148(a)-(c), (e), Aug. 13, 1973, 87 Stat. 255, 256, 268,

274; Pub. L. 93-643, Sec. 125, Jan. 4, 1975, 88 Stat. 2290; Pub. L.

94-280, title I, Secs. 109, 110, 111(a), May 5, 1976, 90 Stat. 431,

433; Pub. L. 95-599, title I, Sec. 107(a), (b), (f)(1), Nov. 6,

1978, 92 Stat. 2694, 2695; Pub. L. 96-106, Secs. 1, 2(a), (c), Nov.

9, 1979, 93 Stat. 796; Pub. L. 96-144, Sec. 2, Dec. 13, 1979, 93

Stat. 1084; Pub. L. 97-424, title I, Secs. 107(a)-(c)(1), (d), (e),

108(f), Jan. 6, 1983, 96 Stat. 2101-2104; Pub. L. 100-17, title I,

Sec. 103(b), (f)(1), Apr. 2, 1987, 101 Stat. 136, 141; Pub. L.

102-240, title I, Secs. 1006(a), (b), (d), 1011, title III, Sec.

3003(b), Dec. 18, 1991, 105 Stat. 1923, 1925, 1935, 2088; Pub. L.

103-272, Sec. 5(f)(1), July 5, 1994, 108 Stat. 1374; Pub. L.

103-429, Secs. 3(1), 7(a)(4)(B), Oct. 31, 1994, 108 Stat. 4377,

4389; Pub. L. 104-59, title I, Sec. 101, title III, Sec. 301(a),

Nov. 28, 1995, 109 Stat. 569, 578; Pub. L. 104-287, Sec. 2, Oct.

11, 1996, 110 Stat. 3388; Pub. L. 105-178, title I, Sec. 1106(b),

June 9, 1998, 112 Stat. 131.)

-REFTEXT-

REFERENCES IN TEXT

Section 1105 of the Intermodal Surface Transportation Efficiency

Act of 1991, referred to in subsec. (b)(5), is section 1105 of Pub.

L. 102-240, which amended section 105 of this title and enacted

provisions establishing high priority corridors and segments, which

are not classified to the Code.

The Water Resources Development Act of 1990, referred to in

subsec. (b)(6)(M), 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 date of enactment of the Transportation Equity Act for the

21st Century, referred to in subsec. (d)(1), (2), is the date of

enactment of Pub. L. 105-178, which was approved June 9, 1998.

-COD-

CODIFICATION

Another section 1106(b) of Pub. L. 105-178 is set out as a note

below.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178 reenacted section catchline without change

and amended text generally. Prior to amendment, section related to

Federal-aid systems and, in subsec. (a), identified such systems,

in subsec. (b), described National Highway System, in subsec. (e),

described Interstate Highway System, in subsec. (f), specified

authority of Secretary with respect to system, in subsec. (g),

provided for removal of certain parts from system, in subsec. (h),

authorized Secretary to pay all non-Federal costs of certain parts

of system, and in subsec. (i), described eligible projects for

National Highway System.

1996 - Subsec. (e)(4)(L). Pub. L. 104-287 substituted "chapter 53

of title 49" for "fta" in heading.

1995 - Subsec. (b)(3)(C). Pub. L. 104-59, Sec. 101(b)(1),

substituted "The" for "For purposes of proposing highways for

designation to the National Highway System, the".

Subsec. (b)(3)(D). Pub. L. 104-59, Sec. 101(b)(2), substituted

"The" for "In proposing highways for designation to the National

Highway System, the" and inserted "on the National Highway System"

after "highway mileage".

Subsec. (b)(5) to (8). Pub. L. 104-59, Sec. 101(a), added pars.

(5) to (8).

Subsec. (i)(8). Pub. L. 104-59, Sec. 301(a), added par. (8) and

struck out former par. (8) which read as follows: "Startup costs

for traffic management and control if such costs are limited to the

time period necessary to achieve operable status but not to exceed

2 years following the date of project approval, if such funds are

not used to replace existing funds."

1994 - Subsec. (e)(4)(L)(i). Pub. L. 103-272, Sec. 5(f)(1)(A), as

amended by Pub. L. 103-429, Sec. 7(a)(4)(B), substituted "chapter

53 of title 49" for "the Federal Transit Act".

Subsec. (e)(4)(L)(ii). Pub. L. 103-272, Sec. 5(f)(1)(B), as

amended by Pub. L. 103-429, Sec. 7(a)(4)(B), substituted "section

5323(a)(1)(D) of title 49" for "section 3(e)(4) of the Federal

Transit Act".

Subsec. (i)(3). Pub. L. 103-429, Sec. 3(1), substituted "chapter

53 of title 49" for "the Federal Transit Act".

1991 - Subsec. (a). Pub. L. 102-240, Sec. 1006(a), added subsec.

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

continued four Federal-aid systems: primary, urban, secondary and

Interstate.

Subsec. (b). Pub. L. 102-240, Sec. 1006(a), added subsec. (b) and

struck out former subsec. (b) which related to Federal-aid primary

system.

Subsecs. (c), (d). Pub. L. 102-240, Sec. 1006(b)(1), struck out

subsecs. (c) and (d) which related to Federal-aid secondary system

and Federal-aid urban system, respectively.

Subsec. (e)(4)(E)(i). Pub. L. 102-240, Sec. 1011(c), inserted

provisions at end specifying that funds authorized to be

appropriated for substitute transit projects for fiscal year 1993

and for substitute highway projects for fiscal year 1995 are to

remain available until expended.

Subsec. (e)(4)(G). Pub. L. 102-240, Sec. 1011(a)(1), struck out

"and" before "$740,000,000", inserted provisions relating to fiscal

years 1992 through 1995 and inserted provisions authorizing

obligation of sums for transit substitute projects.

Subsec. (e)(4)(H)(i). Pub. L. 102-240, Sec. 1011(a)(2)(A),

inserted provisions at end relating to apportionment of funds for

fiscal years 1992 through 1995.

Subsec. (e)(4)(H)(iii). Pub. L. 102-240, Sec. 1011(a)(2)(B), (C),

substituted "1988-1995" for "1988, 1989, 1990, and 1991" in heading

and "1991, 1992, 1993, 1994, and 1995" for "and 1991" in text.

Subsec. (e)(4)(I). Pub. L. 102-240, Sec. 3003(b), substituted

"Federal Transit Act" for "Urban Mass Transportation Act of 1964".

Subsec. (e)(4)(J)(i). Pub. L. 102-240, Sec. 1011(b)(1), (2),

inserted "and ending before October 1, 1991" after "1983," and

provisions at end relating to apportionment of 100 percent of funds

appropriated for fiscal years 1992 and 1993.

Subsec. (e)(4)(J)(iii). Pub. L. 102-240, Sec. 1011(b)(3), (4),

substituted "1988-1993" for "1988, 1989, 1990, and 1991" in heading

and substituted "1991, 1992, and 1993" for "and 1991" in text.

Subsec. (e)(4)(L). Pub. L. 102-240, Sec. 3003(b), substituted

"FTA" for "UMTA" in heading and "Federal Transit Act" for "Urban

Mass Transportation Act of 1964" in cls. (i) and (ii).

Subsec. (f). Pub. L. 102-240, Sec. 1006(b)(2), struck out "the

Federal-aid primary system, the Federal-aid secondary system, the

Federal-aid urban system, and" before "the Interstate System" and

struck out at end "No Federal-aid system or portion thereof shall

be eligible for projects in which Federal funds participate until

approved by the Secretary."

Subsec. (i). Pub. L. 102-240, Sec. 1006(d), added subsec. (i).

1987 - Subsec. (e). Pub. L. 100-17, Sec. 103(f)(1)(A)-(D),

(H)-(J), inserted heading, indented par. (1) and aligned such par.

and pars. (2), (3), and (5) to (9) with par. (4), as amended, and

inserted headings for pars. (1) to (3), (8), and (9).

Subsec. (e)(4). Pub. L. 100-17, Sec. 103(b), amended par. (4)

generally, revising and restating as subpars. (A) to (P) provisions

formerly contained in a single paragraph.

Subsec. (e)(5). Pub. L. 100-17, Sec. 103(f)(1)(E), (K), inserted

heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4),

and substituted "withdrawal of approval." for "withdrawal of

approval; and" in subpar. (B).

Subsec. (e)(6). Pub. L. 100-17, Sec. 103(f)(1)(F), (K), inserted

heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4),

and substituted "withdrawal of approval." for "withdrawal of

approval;" in subpar. (B).

Subsec. (e)(7). Pub. L. 100-17, Sec. 103(f)(1)(G), inserted

heading and substituted "are to be applied." for "are to be

applied; and".

1983 - Subsec. (b)(1). Pub. L. 97-424, Sec. 108(f), substituted

"Puerto Rico, the Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands" for "or Puerto Rico"

after "Hawaii, Alaska,".

Subsec. (e)(4). Pub. L. 97-424, Sec. 107(a)(1), struck out eighth

sentence and substituted provision relating to authorizations and

apportionment of funds for fiscal years ending Sept. 30, 1983,

through Sept. 30, 1986, and relating to substitute highway projects

and substitute transit projects for provision that there were

authorized to be appropriated for liquidation of the obligations

incurred under this paragraph such sums as might be necessary out

of the general fund of the Treasury.

Pub. L. 97-424, Sec. 107(a)(2), struck out sixth sentence and

substituted provisions relating to the period of availability of

sums apportioned under this paragraph and of sums available for

obligation and the disposition of funds apportioned to a State and

unobligated for provision that the sums available for obligation

would remain available until obligated.

Pub. L. 97-424, Sec. 107(b), inserted at end provision that any

route or segment thereof which was statutorily designed after March

7, 1978, to be on the Interstate System shall not be eligible for

withdrawal or substitution under this subsection.

Pub. L. 97-424, Sec. 107(c)(1)(A), inserted "or up to and

including the 1983 interstate cost estimate, whichever is earlier,"

after "approved by Congress," and before "subject to increase or

decrease" in provision in second sentence relating to the action of

the Secretary in withdrawing his approval under this paragraph.

Pub. L. 97-424, Sec. 107(c)(1)(B), struck out "the date of

enactment of the Federal-Aid Highway Act of 1976 or" after "portion

thereof as of", and "whichever is later, and in accordance with the

design of the route or portion thereof that is the basis of the

latest cost estimate" after "substitute project under this

paragraph," in provision in second sentence relating to the action

of the Secretary in withdrawing his approval under this paragraph.

Pub. L. 97-424, Sec. 107(c)(1)(C), inserted "or the date of

approval of the 1983 interstate cost estimate, whichever is

earlier," after "approval of each substitute project under this

paragraph" in provision in second sentence relating to the action

of the Secretary in withdrawing his approval under this paragraph.

Pub. L. 97-424, Sec. 107(d), inserted provision in third sentence

that except with respect to any route which on May 12, 1982, is

under judicial injunction prohibiting its construction the

Secretary may approve substitute projects and withdrawals on such

route until Sept. 30, 1985.

Pub. L. 97-424, Sec. 107(e)(1), struck out "which is within an

urbanized area or which passes through and connects urbanized areas

within a State and" after "portion thereof on the Interstate

System" in first sentence.

Pub. L. 97-424, Sec. 107(e)(2), substituted "which will serve the

area or areas from which the interstate route or portion thereof

was withdrawn, which are selected by the responsible local

officials of the area or areas to be served, and which are selected

by the Governor or the Governors of the State or the States in

which the withdrawn route was located if the withdrawn route was

not within an urbanized area or did not pass through and connect

urbanized areas, and which are submitted by the Governors of the

States in which the withdrawn route was located", for "which will

serve the urbanized area and the connecting nonurbanized area

corridor from which the interstate route or portion thereof was

withdrawn, which are selected by the responsible local officials of

the urbanized area or area to be served, and which are submitted by

the Governor of the State in which the withdrawn route was

located", after "section 103 of this title; or both," in second

sentence.

1979 - Subsec. (e)(4). Pub. L. 96-144 provided that after Sept.

30, 1979, the Secretary shall not withdraw his approval under par.

(4) of any route or portion thereof on the Interstate System open

to traffic before the date of the proposed withdrawal, and that any

withdrawal of approval of any such route or portion thereof before

Sept. 30, 1979, is determined to be authorized by par. (4).

Pub. L. 96-106, Sec. 1, inserted provision that the preceding

sentence not apply to a designation made under section 139 of this

title.

Subsec. (e)(5). Pub. L. 96-106, Sec. 2(a), inserted ", in the

case of any withdrawal of approval before November 6, 1978" after

"any other provision of law".

Subsec. (e)(6) to (9). Pub. L. 96-106, Sec. 2(c), added pars. (6)

and (7) and redesignated former pars. (6) and (7) as (8) and (9),

respectively.

1978 - Subsec. (e)(2). Pub. L. 95-599, Sec. 107(a)(1),

substituted provisions relating to the deadline for designation of

Interstate routes for provisions relating to maximum costs of all

mileage and granting of preferences.

Subsec. (e)(4). Pub. L. 95-599, Sec. 107(a)(2), (b), (f)(1)(A),

substituted provision setting the maximum Federal share at 85 per

cent of the cost of the substitute project for provision stating

that the share would be determined in accordance with section 120

of this title, inserted provisions relating to deadline for

approval by Secretary and designation of mileage, and struck out

provision relating to withdrawal of approval.

Subsec. (e)(5) to (7). Pub. L. 95-599, Sec. 107(f)(1)(B), (C),

redesignated par. (5) as (7) and added pars. (5) and (6).

1976 - Subsec. (e)(2). Pub. L. 94-280, Secs. 109(a), 111(a),

struck out from second sentence "prior to the enactment of this

paragraph" after "with this title," and in fourth sentence,

substituted provision respecting limitation of cost to United

States for aggregate of mileage for route withdrawals which read as

follows: "or if the cost of any such withdrawn route was not

included in such 1972 Interstate System cost estimate, the cost of

such withdrawn route as set forth in the last Interstate System

cost estimate before such 1972 cost estimate which was approved by

Congress and which included the cost of such withdrawn route,

increased or decreased, as the case may be, as determined by the

Secretary, based on changes in construction costs of such route or

portion thereof, which, (i) in the case of a withdrawn route the

cost of which was not included in the 1972 cost estimate but in an

earlier cost estimate, have occurred between such earlier cost

estimate and the date of enactment of the Federal-Aid Highway Act

of 1976, and (ii) in the case of a withdrawn route the cost of

which was included in the 1972 cost estimate, have occurred between

the 1972 cost estimate and the date of enactment of the Federal-Aid

Highway Act of 1976, or the date of withdrawal of approval,

whichever date is later, and in each case costs shall be based on

that design of such route or portion thereof which is the basis of

the applicable cost estimate" for "increased or decreased, as the

case may be, as determined by the Secretary, based on changes in

construction costs of such route or portion thereof as of the date

of withdrawal of approval under this paragraph and in accordance

with that design of such route or portion thereof which is the

basis of such 1972 cost estimate."

Subsec. (e)(4). Pub. L. 94-280, Sec. 110(a), in revising par.

(4), substituting provisions set out in text for prior provisions

set out in note hereunder, among other changes: authorized the

Secretary to withdraw approval of route or portion thereof on

Interstate System which passes through and connects urbanized areas

within a State and to incur obligations for Federal share of

projects authorized under any highway assistance program under

section 103 of this title; provided for determination of Federal

share of substitute projects as provided in section 120 of this

title applicable to the highway program of which the substitute

project is a part; made specific reference to section 4 of, for

prior general reference to, Urban Mass Transportation Act of 1964,

as source of Federal share for mass transit projects; authorized

sums available for obligation to remain available until obligated;

made sums obligated for mass transit projects part of, to be

administered through, Urban Mass Transportation Fund; authorized

appropriations out of general fund of the Treasury for liquidation

of obligations incurred under this paragraph; made amended par. (4)

effective Aug. 13, 1973; and deleted provisions making route

withdrawn mileage available for designation on Interstate System in

any other State, prohibition against obligation under this

paragraph of general funds after June 30, 1981, and requirement

that for nonhighway public mass transit project, the Secretary

receive State assurance that public mass transportation system will

fully utilize the proposed project.

Pub. L. 94-280, Sec. 110(b), inserted provision for application

of sums to a permissible transportation project when paid to a

State for a route or portion of the Interstate System in event of

withdrawal of approval for the route or portion instead of making

of refund to Highway Trust Fund.

Subsec. (e)(5). Pub. L. 94-280, Sec. 109(b), added par. (5).

1975 - Subsec. (e)(2), (4). Pub. L. 93-643 inserted ", increased

or decreased, as the case may be, as determined by the Secretary,

based on changes in construction costs of such route or portion

thereof as of the date of withdrawal of approval under this

paragraph and in accordance with that design of such route or

portion thereof which is the basis of such 1972 cost estimate"

after "House Report Numbered 92-1443".

1973 - Subsec. (b). Pub. L. 93-87, Sec. 148(a), designated

existing provisions as par. (1) and added par. (2).

Subsec. (c). Pub. L. 93-87, Sec. 148(b), (e), designated existing

provisions as par. (1), inserted "access roads to airports," after

"local rural roads", and added par. (2).

Subsec. (d)(1). Pub. L. 93-87, Secs. 109(a), 148(c), authorized

establishment of Federal-aid urban system in such other urban areas

as the State highway department may designate, substituted "shall

include high traffic volume arterial and collector routes,

including access roads to airports and other transportation

terminals" for "designed taking into consideration the highest

traffic volume corridors, and the longest trips within such area

and shall be selected so as to best serve the goals and objectives

of the community as determined by the responsible local officials

of such urbanized area based upon the planning process required

pursuant to the provisions of section 134 of this title", reenacted

third sentence without change, inserted "to the extent feasible" in

the text reading "Each route of the system to the extent feasible

shall connect with another route", substituted "Routes . . . shall

be selected by the appropriate local officials so as to serve the

goals and objectives of the community, with the concurrence of the

State highway departments, and, in urbanized areas, also in

accordance with the planning process under section 134 of this

title" for "Routes . . . shall be selected by the appropriate local

officials and the State highway departments in cooperation with

each other subject to the approval of the Secretary as provided in

subsection (f) of this section", and inserted preceding last

sentence "Designation of the Federal-aid urban system shall be

subject to the approval of the Secretary as provided in subsection

(f) of this section", and designated provisions, as amended, as

par. (1), respectively.

Subsec. (d)(2). Pub. L. 93-87, Sec. 148(c), added par. (2).

Subsec. (e)(2). Pub. L. 93-87, Sec. 137(a), substituted in first

sentence "additional mileage for the Interstate System of five

hundred miles" for "additional mileage for the Interstate System of

two hundred miles"; in fourth sentence "1972 Interstate System cost

estimate set forth in House Public Works Committee Print Numbered

92-29, as revised in House Report Numbered 92-1443" for "1968

Interstate System cost estimate set forth in House Document

Numbered 199, Ninetieth Congress, as revised"; and in fifth

sentence "preference, along with due regard for interstate highway

type needs on a nationwide basis," for "due regard", respectively.

Subsec. (e)(4). Pub. L. 93-87, Sec. 137(b), added par. (4).

Subsec. (g). Pub. L. 93-87, Sec. 110(a), substituted first

sentence reading "the Secretary, on July 1, 1974, shall remove from

designation as a part of the Interstate System each segment of such

system for which a State has not notified the Secretary that such

State intends to construct such segment, and which the Secretary

finds is not essential to completion of a unified and connected

Interstate System." for "The Secretary, on July 1, 1973, shall

remove from designation as a part of the Interstate System every

segment of such System for which a State has not established a

schedule for the expenditure of funds for completion of

construction of such segment within the period of availability of

funds authorized to be appropriated for completion of the

Interstate System, and with respect to which the State has not

provided the Secretary with assurances satisfactory to him that

such schedule will be met."; deleted former second sentence reading

"Nothing in the preceding sentence shall be construed to prohibit

the substitution prior to July 1, 1973, of alternative segments of

the Interstate System which will meet the requirements of this

title."; substituted "Any segment of the Interstate System, with

respect to which a State has not submitted by July 1, 1975, a

schedule for the expenditure of funds for completion of

construction of such segment or alternative segment within the

period of availability of funds authorized to be appropriated for

completion of the Interstate System, and with respect to which the

State has not provided the Secretary with assurances satisfactory

to him such schedule will be met," for "Any segment of the

Interstate System with respect to which a State has not submitted

plans, specifications, and estimates for approval by the Secretary

by July 1, 1975," before "shall be removed from designation as a

part of the Interstate System"; authorized the Secretary to

designate as a part of the Interstate System any segment previously

removed from the System when necessary in the interest of national

defense or for other reasons of national interest; and made subsec.

(g) inapplicable to any segment of the Interstate System referred

to in section 23(a) of the Federal-Aid Highway Act of 1968.

Subsec. (h). Pub. L. 93-87, Sec. 110(b), added subsec. (h).

1970 - Subsec. (a). Pub. L. 91-605, Sec. 106(b)(3), substituted

"four" for "three" and added the urban system to the list of

Federal-aid systems.

Subsecs. (b), (c). Pub. L. 91-605, Sec. 106(b)(1), substituted

"subsection (f)" for "subsection (e)".

Subsecs. (d), (e). Pub. L. 91-605, Sec. 106(b)(1), added subsec.

(d), redesignated former subsec. (d) as (e) and substituted

"subsection (f)" for "subsection (e)". Former subsec. (e)

redesignated (f).

Subsec. (f). Pub. L. 91-605, Sec. 106(b)(1), (2), redesignated

former subsec. (e) as (f) and inserted reference to Federal-aid

urban system.

Subsec. (g). Pub. L. 91-605, Sec. 124, added subsec. (g).

1968 - Subsec. (d)(1). Pub. L. 90-495, Sec. 14(a), inserted

provision making allowance for an exception in pars. (2) and (3) to

the forty-one thousand mile total extent of the Interstate system.

Subsec. (d)(2). Pub. L. 90-495, Sec. 21, substituted "1968

Interstate System cost estimate set forth in House Document

Numbered 199, Ninetieth Congress, as revised" for "1965 Interstate

System cost estimate set forth in House Document Numbered 42,

Eighty-ninth Congress".

Subsec. (d)(3). Pub. L. 90-495, Sec. 14(b), added par. (3).

Subsec. (d). Pub. L. 90-238 redesignated existing provision as

par. (1) and added par. (2).

1962 - Subsec. (c). Pub. L. 87-866 substituted "This system may

be located both in rural and urban areas, but any extension of the

system into urban areas shall be subject to the condition that such

extension pass through the urban area or connect with another

Federal-aid system within the urban area" for "This system shall be

confined to rural areas, except (1) that in any State having a

population density of more than two hundred per square mile as

shown by the latest available Federal census, the system may

include mileage in urban areas as well as rural, and (2) that the

system may be extended into urban areas subject to the conditions

that any such extension passes through the urban area or connects

with another Federal-aid system within the urban area, and that

Federal participation in projects on such extensions is limited to

urban funds".

1960 - Subsec. (d). Pub. L. 86-624, Sec. 17(c), substituted

"within the United States, including the District of Columbia, and"

for "within the continental United States and", and inserted "to

the greatest extent possible" in two places.

1959 - Subsec. (f). Pub. L. 86-70 repealed subsec. (f) which

related to determination of roads in the Territory of Alaska on

which Federal-aid funds could be expended.

Subsec. (g). Pub. L. 86-624, Sec. 17(b), repealed subsec. (g)

which provided that the systems of highways on which funds

apportioned to the Territory of Hawaii under this chapter shall be

expended may be determined and agreed upon by the Governor of said

Territory and the Secretary.

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 sections 1006 and 1011 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.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 107(c) of Pub. L. 95-599 provided that: "The amendment

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

shall apply to each route or portion thereof designated under

section 103(e)(2) of title 23, United States Code, before January

1, 1978, the construction of which was not complete on such date,

and the Secretary of Transportation shall make such revisions in

existing contracts and agreements as may be necessary to carry out

this section and the amendment made by subsection (a) of this

section."

Section 107(f)(2) of Pub. L. 95-599, which provided that the

amendments made by section 107(f)(1) of Pub. L. 95-599 to this

section apply to any withdrawal of approval before Nov. 6, 1978,

was repealed by Pub. L. 96-106, Sec. 2(b), Nov. 9, 1979, 93 Stat.

796.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 110(c) of Pub. L. 93-87 provided that: "The amendments

made by subsections (a) and (b) of this section [amending this

section] shall take effect June 30, 1973."

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.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 8(b) of Pub. L. 87-866 provided that: "The amendment made

by subsection (a) of this section [amending this section] shall

apply to apportionments made before as well as after the date of

enactment of this Act [Oct. 23, 1962]."

EFFECTIVE DATE OF 1959 AMENDMENT

Section 21(d) of Pub. L. 86-70 provided that the repeal of

subsec. (f) of this section, sections 116(d), 119, and 120(h) of

this title, and sections 321a to 321d and 322 to 325 of Title 48,

Territories and Insular Possessions, is effective July 1, 1959.

ADMINISTRATION OF NATIONAL HIGHWAY SYSTEM AND INTERSTATE

MAINTENANCE PROGRAM

Pub. L. 105-178, title I, Sec. 1106(a), June 9, 1998, 112 Stat.

131, provided that: "The Secretary shall administer the National

Highway System program and the Interstate Maintenance program as a

combined program for purposes of allowing States maximum

flexibility. References in this Act [see Tables for classification]

and title 23, United States Code, shall not be affected by such

consolidation."

UNOBLIGATED BALANCES OF INTERSTATE SUBSTITUTE FUNDS

Pub. L. 105-178, title I, Sec. 1106(b), June 9, 1998, 112 Stat.

136, provided that: "Unobligated balances of funds apportioned to a

State under section 103(e)(4)(H) of title 23, United States Code

(as in effect on the day before the date of enactment of this Act

[June 9, 1998]), shall be available for obligation by the State

under the law (including regulations, policies, and procedures)

relating to the obligation and expenditure of the funds in effect

on that date."

INTERMODAL FREIGHT CONNECTORS STUDY

Pub. L. 105-178, title I, Sec. 1106(d), June 9, 1998, 112 Stat.

136, provided that:

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

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

"(A) review the condition of and improvements made, since the

designation of the National Highway System, to connectors on the

National Highway System that serve seaports, airports, and other

intermodal freight transportation facilities; and

"(B) report to Congress on the results of such review.

"(2) Review. - In preparing the report, the Secretary shall

review the connectors and identify projects carried out on those

connectors that were intended to provide and improve service to an

intermodal facility referred to in paragraph (1) and to facilitate

the efficient movement of freight, including movements of freight

between modes.

"(3) Identification of impediments. - If the Secretary determines

on the basis of the review that there are impediments to improving

the connectors serving intermodal facilities referred to in

paragraph (1), the Secretary shall identify such impediments and

make any appropriate recommendations as part of the Secretary's

report to Congress under this subsection."

FUNCTIONAL RECLASSIFICATION OF HIGHWAYS

Section 1006(c) of Pub. L. 102-240 provided that:

"(1) State action. - Each State shall functionally reclassify the

roads and streets in such State in accordance with such guidelines

and time schedule as the Secretary may establish in order to carry

out the objectives of this section [amending this section and

sections 101, 104 and 113 of this title and enacting provisions set

out as a note under section 311 of this title], including the

amendments made by this section.

"(2) Approval and submission to congress. - Not later than

September 30, 1993, the Secretary shall approve the functional

reclassification of roads and streets made by the States pursuant

to this subsection and shall submit a report to Congress containing

such reclassification.

"(3) State defined. - In this subsection, the term 'State' has

the meaning such term has under section 101 of title 23, United

States Code, and shall include the Virgin Islands, American Samoa,

Guam, and the Commonwealth of the Northern Marianas."

APPORTIONMENT FACTORS FOR EXPENDITURES ON SUBSTITUTE HIGHWAY AND

TRANSIT PROJECTS

Section 103(a) of Pub. L. 100-17 directed Secretary to apportion

for fiscal year 1987 the sums to be apportioned for such year under

22 U.S.C. 103(e)(4) for expenditure on substitute highway and

transit projects, using the apportionment factors contained in the

Committee Print Numbered 100-6 of the Committee on Public Works and

Transportation of the House of Representatives.

SUBSTITUTE TRANSIT PROJECTS; INCREASE IN COST TO COMPLETE;

APPORTIONMENT FACTORS

Section 103(c) of Pub. L. 100-17 provided that:

"(1) Increase in cost to complete. - The cost of completing

substitute transit projects under section 103(e)(4)(B) of title 23,

United States Code, is increased by $100,000,000.

"(2) Apportionment factors. - Notwithstanding section 103(e)(4)

of such title, funds appropriated to carry out projects as a result

of enactment of paragraph (1) shall be made available in accordance

with the apportionment factors contained in the Committee Print

Numbered 100-2 of the Committee on Public Works and Transportation

of the House of Representatives."

COMBINED ROAD PLAN DEMONSTRATION PROGRAM; REPORT TO CONGRESSIONAL

COMMITTEES

Section 137 of Pub. L. 100-17 directed Secretary, in cooperation

with up to 5 States, to conduct a combined road plan demonstration

to test feasibility of approaches for combining, streamlining, and

increasing flexibility in administration of Federal-aid secondary

program, Federal-aid urban program, and the off-system bridge,

urban bridge, and secondary bridge programs and to submit to

Congress an interim report on the program being carried out within

3 years after Apr. 2, 1987, and a final report evaluating the

effectiveness of the demonstration program and making needed

recommendations as soon as practicable after completion of the

demonstration.

ROUTES WITHDRAWN; AVAILABILITY TO SECRETARY OF SUMS WHERE SUMS

DETERMINED ARE LESS THAN COST OF COMPLETING WITHDRAWN ROUTES

Section 107(c)(2) of Pub. L. 97-424, as amended by Pub. L.

100-17, title I, Sec. 103(f)(2), Apr. 2, 1987, 101 Stat. 142,

provided that: "Notwithstanding any other provision of law, with

respect to any route or portion thereof on the Interstate System

approval of which is or has been withdrawn under section 103(e)(4)

of title 23, United States Code, in any case where the sum

determined under subparagraph (B) of such section is less than the

cost to complete the withdrawn route or portion (in accordance with

the design of such route or portion on the date of such withdrawal)

as of June 30, 1980, as a result of decreases in construction

costs, the sum which shall be available to the Secretary under such

subparagraph shall be an amount equal to such cost of completion as

of June 30, 1980."

WITHDRAWAL OF SECRETARY'S APPROVAL OF ROUTE OR PORTION OF ROUTE ON

INTERSTATE SYSTEM BETWEEN JUNE 20, 1979, AND JUNE 30, 1979,

INCLUSIVE; SUBSTITUTION OF PROJECTS

Section 3 of Pub. L. 96-144 provided that: "Notwithstanding the

amendment made to section 103(e)(4) of title 23, United States

Code, by the preceding section, in the case where the Secretary has

withdrawn his approval of a route or portion thereof on the

Interstate System under such section between June 20, 1979, and

June 30, 1979, both dates inclusive, the sum available to the

Secretary of Transportation to incur obligations for projects

substituted for such withdrawn route or portion thereof shall be a

sum equal to the Federal share of the cost to complete the

withdrawn route or portion thereof, as that cost is included in the

1975 Interstate System cost estimate, as approved by Congress,

subject to increase or decrease as determined by the Secretary

based on changes in the construction costs of the withdrawn route

or portion thereof as of the date of approval of each substitute

project under section 103(e)(4) of title 23, United States Code."

NECESSITY OF ENVIRONMENTAL IMPACT STATEMENT PRIOR TO ROUTE

CONSTRUCTION ON THE DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND

DEFENSE HIGHWAYS

Section 107(d) of Pub. L. 95-599, as amended by Pub. L. 101-427,

Oct. 15, 1990, 104 Stat. 927, provided that: "Notwithstanding any

other provision of law, including but not limited to section 103 of

title 23, United States Code and this section, no route or portion

thereof shall be constructed on The Dwight D. Eisenhower System of

Interstate and Defense Highways with respect to which an

environmental impact statement has not been submitted to the

Secretary of Transportation in accordance with the National

Environmental Policy Act of 1969 [section 4321 et seq. of Title 42,

The Public Health and Welfare] by September 30, 1983. Any such

route or portion thereof shall thereupon be removed from

designation as part of such Interstate System."

TIME LIMIT FOR COMMENCEMENT OF, OR CONTRACT FOR, CONSTRUCTION;

REMOVAL FROM DESIGNATION AS PART OF INTERSTATE SYSTEM

Section 107(e) of Pub. L. 95-599, as amended by Pub. L. 97-424,

title I, Sec. 107(g), Jan. 6, 1983, 96 Stat. 2103; Pub. L. 100-17,

title I, Sec. 103(d)(1), Apr. 2, 1987, 101 Stat. 141, provided

that: "By September 30, 1986, all routes or portions thereof on the

Interstate System (for which the Secretary of Transportation finds

that sufficient Interstate authorizations are available) must be

under contract for construction or construction must have

commenced. Immediately after such date, the Secretary shall remove

from designation as part of the Interstate System each route or

portion thereof not complying with this subsection."

[Section 103(d)(2) of Pub. L. 100-17 provided that: "The

amendments made by paragraph (1) [amending section 107(e) of Pub.

L. 95-599 set out above] shall take effect September 29, 1986."]

INTERSTATE SYSTEM ROUTES WITHDRAWN FOR PURPOSE OF DESIGNATING

ALTERNATIVE ROUTES AS SUBJECT TO ROUTE WITHDRAWAL PROVISIONS

Section 111(b) of Pub. L. 94-280 provided that: "The amendment

made by subsection (a) of this section [to fourth sentence of

subsec. (e)(2) of this section] shall be applicable to each route

on the Interstate System approval of which was withdrawn or is

hereafter withdrawn by the Secretary of Transportation in

accordance with the provisions of section 103(e)(2) of title 23,

United States Code, including any route on the Interstate System

approval of which was withdrawn by the Secretary of Transportation

in accordance with the provisions of title 23, United States Code,

on August 30, 1965, for the purpose of designating an alternative

route."

INTERSTATE SYSTEM SUBSECTION (E)(4) PROVISIONS IN EFFECT PRIOR TO

AMENDMENT BY PUB. L. 94-280, SEC. 110; ROUTE WITHDRAWALS WITHIN

URBANIZED AREAS; AVAILABILITY OF MILEAGE IN OTHER STATES; PUBLIC

MASS TRANSIT NONHIGHWAY PROJECTS; GENERAL FUNDS UNAVAILABLE FOR

OBLIGATION AFTER JUNE 30, 1981; SUPPLEMENTARY FUNDS; URBAN MASS

TRANSPORTATION PROVISIONS APPLICABLE

Section 103(e)(4) of this title, as added Pub. L. 93-87, title I,

Sec. 137(b), Aug. 13, 1973, 87 Stat. 269, and amended Pub. L.

93-643, Sec. 125(b), Jan. 4, 1975, 88 Stat. 2290, read prior to

amendment by section 110 of Pub. L. 94-280 [set out in the text] as

follows: "Upon the joint request of a State Governor and the local

governments concerned, the Secretary may withdraw his approval of

any route or portion thereof on the Interstate System within any

urbanized area in that State selected and approved in accordance

with this title prior to the enactment of this paragraph, if he

determines that such route or portion thereof is not essential to

completion of a unified and connected Interstate System or will no

longer be essential by reason of the application of this paragraph

and will not be constructed as a part of the Interstate System, and

if he receives assurances that the State does not intend to

construct a toll road in the traffic corridor which would be served

by such route or portion thereof. The mileage of the route or

portion thereof approval of which is withdrawn under this paragraph

shall be available for designation on the Interstate System in any

other State in accordance with paragraph (1) of this subsection.

After the Secretary has withdrawn his approval of any such route or

portion thereof, whenever responsible local officials of such

urbanized area notify the State highway department that, in lieu of

a route or portion thereof approval for which is withdrawn under

this paragraph, their needs require a nonhighway public mass

transit project involving the construction of fixed rail

facilities, or the purchase of passenger equipment, including

rolling stock for any mode of mass transit, or both, and the State

highway department determines that such public mass transit project

is in accordance with the planning process under section 134 of

this title 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 in the Treasury of its proportional share of the cost of such

project in an amount equal to the Federal share which would be paid

for such a project under the Urban Mass Transportation Act of 1964

[section 1601 et seq. of Title 49, Transportation], except that the

total Federal cost of all such projects under this paragraph with

respect to such route or portion thereof approval of which is

withdrawn under this paragraph, shall not exceed the Federal share

of the cost which would have been paid for such route or portion

thereof, as such cost is included in the 1972 Interstate System

cost estimate set forth in table 5 of House Public Works Committee

Print Numbered 92-29, as revised in House Report Numbered 92-1443,

increased or decreased, as the case may be, as determined by the

Secretary, based on changes in construction costs of such route or

portion thereof as of the date of withdrawal of approval under this

paragraph and in accordance with that design of such route or

portion thereof which is the basis of such 1972 cost estimate.

Funds apportioned to such State for the Interstate System, which

apportionment is based upon an Interstate System cost estimate that

includes a route or portion thereof approval of which is withdrawn

under this paragraph, shall be reduced by an amount equal to the

Federal share of such project as such share becomes a contractual

obligation of the United States. No general funds shall be

obligated under authority of this paragraph after June 30, 1981. No

nonhighway public mass transit project shall be approved under this

paragraph unless the Secretary has received assurances satisfactory

to him from the State that public mass transportation systems will

fully utilize the proposed project. The provision of assistance

under this paragraph shall not be construed as bringing within the

application of chapter 15 of title 5, United States Code [section

1501 et seq. of Title 5, Government Organization and Employees],

any nonsupervisory employee of an urban mass transportation system

(or of any other agency or entity performing related functions) to

whom such chapter is otherwise inapplicable. Funds available for

expenditure to carry out the purposes of this paragraph shall be

supplementary to and not in substitution for funds authorized and

available for obligation pursuant to the Urban Mass Transportation

Act of 1964, as amended [section 1601 et seq. of Title 49,

Transportation]. The provisions of section 3(e)(4) of the Urban

Mass Transportation Act of 1964, as amended, [section 1602 (e)(4)

of Title 49], shall apply in carrying out this paragraph."

BASIS OF FEDERAL-AID SYSTEMS REALIGNMENT

Section 148(d) of Pub. L. 93-87 provided that: "Federal-aid

systems realignment shall be based upon anticipated functional

usage in the year 1980 or a planned connected system."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 104, 115, 119, 127

of this title; title 49 sections 5309, 5323, 5327, 5331.

-End-

-CITE-

23 USC Sec. 104 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 104. Apportionment

-STATUTE-

(a) Administrative Expenses. -

(1) In general. - Whenever an apportionment is made of the sums

made available for expenditure on each of the surface

transportation program under section 133, the bridge program

under section 144, the congestion mitigation and air quality

improvement program under section 149, the Interstate and

National Highway System program, the minimum guarantee program

under section 105, the Federal lands highway program under

section 204, or the Appalachian development highway system

program under section 201 (!1) of the Appalachian Regional

Development Act of 1965 (40 U.S.C. App.), the Secretary shall

deduct a sum, in an amount not to exceed -

(A) 1 1/6 percent of all sums so made available, as the

Secretary determines necessary -

(i) to administer the provisions of law to be financed from

appropriations for the Federal-aid highway program and

programs authorized under chapter 2; and

(ii) to make transfers of such sums as the Secretary

determines to be appropriate to the Appalachian Regional

Commission for administrative activities associated with the

Appalachian development highway system; and

(B) one-third of 1 percent of all sums so made available, as

the Secretary determines necessary, to administer the

provisions of law to be financed from appropriations for motor

carrier safety programs and motor carrier safety research.

(2) Consideration of unobligated balances. - In making the

determination described in paragraph (1), the Secretary shall

take into account the unobligated balance of any sums deducted

under this subsection in prior fiscal years.

(3) Availability. - The sum deducted under paragraph (1) shall

remain available until expended.

(4) Limitation on transferability. - Unless expressly

authorized by law, the Secretary may not transfer any sums

deducted under paragraph (1) to a Federal agency or entity other

than the Federal Highway Administration and the Federal Motor

Carrier Safety Administration.

(b) Apportionments. - On October 1 of each fiscal year, the

Secretary, after making the deduction authorized by subsection (a)

and the set-aside authorized by subsection (f), shall apportion the

remainder of the sums authorized to be appropriated for expenditure

on the Interstate and National Highway System program, the

Congestion Mitigation and Air Quality Improvement program, and the

Surface Transportation program for that fiscal year, among the

several States in the following manner:

(1) National highway system component. -

(A) In general. - For the National Highway System (excluding

funds apportioned under paragraph (4)), $36,400,000 for each

fiscal year to the Virgin Islands, Guam, American Samoa, and

the Commonwealth of Northern Mariana Islands, $18,800,000 for

each of fiscal years 1998 through 2002 for the Alaska Highway,

and the remainder apportioned as follows:

(i) 25 percent in the ratio that -

(I) the total lane miles of principal arterial routes

(excluding Interstate System routes) in each State; bears

to

(II) the total lane miles of principal arterial routes

(excluding Interstate System routes) in all States.

(ii) 35 percent in the ratio that -

(I) the total vehicle miles traveled on lanes on

principal arterial routes (excluding Interstate System

routes) in each State; bears to

(II) the total vehicle miles traveled on lanes on

principal arterial routes (excluding Interstate System

routes) in all States.

(iii) 30 percent in the ratio that -

(I) the total diesel fuel used on highways in each State;

bears to

(II) the total diesel fuel used on highways in all

States.

(iv) 10 percent in the ratio that -

(I) the quotient obtained by dividing the total lane

miles on principal arterial highways in each State by the

total population of the State; bears to

(II) the quotient obtained by dividing the total lane

miles on principal arterial highways in all States by the

total population of all States.

(B) Minimum apportionment. - Notwithstanding subparagraph (A)

and paragraph (4), each State shall receive a minimum of 1/2

of 1 percent of the funds apportioned under subparagraph (A)

and paragraph (4).

(2) Congestion mitigation and air quality improvement program.

-

(A) In general. - For the congestion mitigation and air

quality improvement program, in the ratio that -

(i) the total of all weighted nonattainment and maintenance

area populations in each State; bears to

(ii) the total of all weighted nonattainment and

maintenance area populations in all States.

(B) Calculation of weighted nonattainment and maintenance

area population. - Subject to subparagraph (C), for the purpose

of subparagraph (A), the weighted nonattainment and maintenance

area population shall be calculated by multiplying the

population of each area in a State that was a nonattainment

area or maintenance area as described in section 149(b) for

ozone or carbon monoxide by a factor of -

(i) 0.8 if -

(I) at the time of the apportionment, the area is a

maintenance area; or

(II) at the time of the apportionment, the area is

classified as a submarginal ozone nonattainment area under

the Clean Air Act (42 U.S.C. 7401 et seq.);

(ii) 1.0 if, at the time of the apportionment, the area is

classified as a marginal ozone nonattainment area under

subpart 2 of part D of title I of the Clean Air Act (42

U.S.C. 7511 et seq.);

(iii) 1.1 if, at the time of the apportionment, the area is

classified as a moderate ozone nonattainment area under such

subpart;

(iv) 1.2 if, at the time of the apportionment, the area is

classified as a serious ozone nonattainment area under such

subpart;

(v) 1.3 if, at the time of the apportionment, the area is

classified as a severe ozone nonattainment area under such

subpart;

(vi) 1.4 if, at the time of the apportionment, the area is

classified as an extreme ozone nonattainment area under such

subpart; or

(vii) 1.0 if, at the time of the apportionment, the area is

not a nonattainment or maintenance area as described in

section 149(b) for ozone, but is classified under subpart 3

of part D of title I of such Act (42 U.S.C. 7512 et seq.) as

a nonattainment area described in section 149(b) for carbon

monoxide.

(C) Additional adjustment for carbon monoxide areas. -

(i) Carbon monoxide nonattainment areas. - If, in addition

to being classified as a nonattainment or maintenance area

for ozone, the area was also classified under subpart 3 of

part D of title I of such Act (42 U.S.C. 7512 et seq.) as a

nonattainment area described in section 149(b) for carbon

monoxide, the weighted nonattainment or maintenance area

population of the area, as determined under clauses (i)

through (vi) of subparagraph (B), shall be further multiplied

by a factor of 1.2.

(ii) Carbon monoxide maintenance areas. - If, in addition

to being classified as a nonattainment or maintenance area

for ozone, the area was at one time also classified under

subpart 3 of part D of title I of such Act (42 U.S.C. 7512 et

seq.) as a nonattainment area described in section 149(b) for

carbon monoxide but has been redesignated as a maintenance

area, the weighted nonattainment or maintenance area

population of the area, as determined under clauses (i)

through (vi) of subparagraph (B), shall be further multiplied

by a factor of 1.1.

(D) Minimum apportionment. - Notwithstanding any other

provision of this paragraph, each State shall receive a minimum

of 1/2 of 1 percent of the funds apportioned under this

paragraph.

(E) Determinations of population. - In determining population

figures for the purposes of this paragraph, the Secretary shall

use the latest available annual estimates prepared by the

Secretary of Commerce.

(3) Surface transportation program. -

(A) In general. - For the surface transportation program, in

accordance with the following formula:

(i) 25 percent of the apportionments in the ratio that -

(I) the total lane miles of Federal-aid highways in each

State; bears to

(II) the total lane miles of Federal-aid highways in all

States.

(ii) 40 percent of the apportionments in the ratio that -

(I) the total vehicle miles traveled on lanes on

Federal-aid highways in each State; bears to

(II) the total vehicle miles traveled on lanes on

Federal-aid highways in all States.

(iii) 35 percent of the apportionments in the ratio that -

(I) the estimated tax payments attributable to highway

users in each State paid into the Highway Trust Fund (other

than the Mass Transit Account) in the latest fiscal year

for which data are available; bears to

(II) the estimated tax payments attributable to highway

users in all States paid into the Highway Trust Fund (other

than the Mass Transit Account) in the latest fiscal year

for which data are available.

(B) Minimum apportionment. - Notwithstanding subparagraph

(A), each State shall receive a minimum of 1/2 of 1 percent

of the funds apportioned under this paragraph.

(4) Interstate maintenance component. - For resurfacing,

restoring, rehabilitating, and reconstructing the Interstate

System -

(A) 33 1/3 percent in the ratio that -

(i) the total lane miles on Interstate System routes open

to traffic in each State; bears to

(ii) the total of all such lane miles in all States;

(B) 33 1/3 percent in the ratio that -

(i) the total vehicle miles traveled on Interstate System

routes open to traffic in each State; bears to

(ii) the total of all such vehicle miles traveled in all

States; and

(C) 33 1/3 percent in the ratio that -

(i) the total of each State's annual contributions to the

Highway Trust Fund (other than the Mass Transit Account)

attributable to commercial vehicles; bears to

(ii) the total of such annual contributions by all States.

(c) Transferability of NHS Apportionments. - A State may transfer

not to exceed 50 percent of the State's apportionment under

subsection (b)(1) to the apportionment of the State under

subsection (b)(3). A State may transfer not to exceed 100 percent

of the State's apportionment under subsection (b)(1) to the

apportionment of the State under subsection (b)(3) if the State

requests to make such transfer and the Secretary approves such

transfer as being in the public interest, after providing notice

and sufficient opportunity for public comment. Section 133(d) shall

not apply to funds transferred under this subsection.

(d) Operation Lifesaver and High Speed Rail Corridors. -

(1) Operation lifesaver. - Before making an apportionment under

subsection (b)(3) of this section for a fiscal year, the

Secretary shall set aside $500,000 for such fiscal year for

carrying out a public information and education program to help

prevent and reduce motor vehicle accidents, injuries, and

fatalities and to improve driver performance at railway-highway

crossings.

(2) Railway-highway crossing hazard elimination in high speed

rail corridors. -

(A) In general. - Before making an apportionment of funds

under subsection (b)(3) for a fiscal year, the Secretary shall

set aside $5,250,000 of the funds made available for the

surface transportation program for the fiscal year for

elimination of hazards of railway-highway crossings.

(B) Eligible corridors. - Subject to subparagraph (E), funds

made available under subparagraph (A) shall be expended for

projects in -

(i) 5 railway corridors selected by the Secretary in

accordance with this subsection (as in effect on the day

before the date of enactment of this clause);

(ii) 3 railway corridors selected by the Secretary in

accordance with subparagraphs (C) and (D);

(iii) a Gulf Coast high speed railway corridor (as

designated by the Secretary);

(iv) a Keystone high speed railway corridor from

Philadelphia to Harrisburg, Pennsylvania; and

(v) an Empire State railway corridor from New York City to

Albany to Buffalo, New York.

(C) Required inclusion of high speed rail lines. - A corridor

selected by the Secretary under subparagraph (B) shall include

rail lines where railroad speeds of 90 miles or more per hour

are occurring or can reasonably be expected to occur in the

future.

(D) Considerations in corridor selection. - In selecting

corridors under subparagraph (B), the Secretary shall consider

-

(i) projected rail ridership volume in each corridor;

(ii) the percentage of each corridor over which a train

will be capable of operating at its maximum cruise speed

taking into account such factors as topography and other

traffic on the line;

(iii) projected benefits to nonriders such as congestion

relief on other modes of transportation serving each corridor

(including congestion in heavily traveled air passenger

corridors);

(iv) the amount of State and local financial support that

can reasonably be anticipated for the improvement of the line

and related facilities; and

(v) the cooperation of the owner of the right-of-way that

can reasonably be expected in the operation of high speed

rail passenger service in each corridor.

(E) Certain improvements. - Not less than $250,000 of such

set-aside shall be available per fiscal year for eligible

improvements to the Minneapolis/St. Paul-Chicago segment of the

Midwest High Speed Rail Corridor.

(F) Authorization of appropriations. - There is authorized to

be appropriated $15,000,000 for each of fiscal years 1999

through 2003 to carry out this subsection.

(e) Certification of Apportionments. -

(1) In general. - On October 1 of each fiscal year the

Secretary shall certify to each of the State transportation

departments the sums which he has apportioned hereunder to each

State for such fiscal year, and also the sums which he has

deducted for administration pursuant to subsection (a) of this

section. To permit the States to develop adequate plans for the

utilization of apportioned sums, the Secretary shall advise each

State of the amount that will be apportioned each year under this

section not later than ninety days before the beginning of the

fiscal year for which the sums to be apportioned are authorized,

except that in the case of the Interstate System the Secretary

shall advise each State ninety days prior to the apportionment of

such funds.

(2) Notice to states. - If the Secretary has not made an

apportionment under section 104, 105, or 144 by the 21st day of a

fiscal year beginning after September 30, 1998, the Secretary

shall transmit, by such 21st day, to the Committee on

Transportation and Infrastructure of the House of Representatives

and the Committee on Environment and Public Works of the Senate a

written statement of the reason for not making such apportionment

in a timely manner.

(f) Metropolitan Planning. -

(1) Set-aside. - On October 1 of each fiscal year, the

Secretary, after making the deduction authorized by subsection

(a) of this section, shall set aside not to exceed 1 percent of

the remaining funds authorized to be appropriated for expenditure

upon programs authorized under this title, for the purpose of

carrying out the requirements of section 134 of this title.

(2) Apportionment to states of set-aside funds. - These funds

shall be apportioned to the States in the ratio which the

population in urbanized areas or parts thereof, in each State

bears to the total population in such urbanized areas in all the

States as shown by the latest available census, except that no

State shall receive less than one-half per centum of the amount

apportioned.

(3) Use of funds. - The funds apportioned to any State under

paragraph (2) of this subsection shall be made available by the

State to the metropolitan planning organizations responsible for

carrying out the provisions of section 134 of this title, except

that States receiving the minimum apportionment under paragraph

(2) may, in addition, subject to the approval of the Secretary,

use the funds apportioned to finance transportation planning

outside of urbanized areas. These funds shall be matched in

accordance with section 120(b) unless the Secretary determines

that the interests of the Federal-aid highway program would be

best served without such matching.

(4) Distribution of funds within states. - The distribution

within any State of the planning funds made available to agencies

under paragraph (3) of this subsection shall be in accordance

with a formula developed by each State and approved by the

Secretary which shall consider but not necessarily be limited to,

population, status of planning, attainment of air quality

standards, metropolitan area transportation needs, and other

factors necessary to provide for an appropriate distribution of

funds to carry out the requirements of section 134 and other

applicable requirements of Federal law.

(5) Determination of population figures. - For the purposes of

determining population figures under this subsection, the

Secretary shall use the most recent estimate published by the

Secretary of Commerce.

(g) Not more than 40 per centum of the amount apportioned in any

fiscal year to each State in accordance with sections 130, 144, and

152 of this title may be transferred from the apportionment under

one section to the apportionment under any other of such sections

if such a transfer is requested by the State transportation

department and is approved by the Secretary as being in the public

interest. The Secretary may approve the transfer of 100 per centum

of the apportionment under one such section to the apportionment

under any other of such sections if such transfer is requested by

the State transportation department, and is approved by the

Secretary as being in the public interest, if he has received

satisfactory assurances from such State transportation department

that the purposes of the program from which such funds are to be

transferred have been met. A State may transfer not to exceed 50

percent of the State's apportionment under section 144 in any

fiscal year to the apportionment of such State under subsection

(b)(1) or subsection (b)(3) of this section. Any transfer to

subsection (b)(3) shall not be subject to section 133(d). Nothing

in this subsection authorizes the transfer of any amount

apportioned from the Highway Trust Fund to any apportionment the

funds for which were not from the Highway Trust Fund, and nothing

in this subsection authorizes the transfer of any amount

apportioned from funds not from the Highway Trust Fund to any

apportionment the funds for which were from the Highway Trust Fund.

(h) Recreational Trails Program. -

(1) Administrative costs. - Whenever an apportionment is made

of the sums authorized to be appropriated to carry out the

recreational trails program under section 206, the Secretary

shall deduct an amount, not to exceed 1 1/2 percent of the sums

authorized, to cover the cost to the Secretary for administration

of and research and technical assistance under the recreational

trails program and for administration of the National

Recreational Trails Advisory Committee. The Secretary may enter

into contracts with for-profit organizations or contracts,

partnerships, or cooperative agreements with other government

agencies, institutions of higher learning, or nonprofit

organizations to perform these tasks.

(2) Apportionment to the states. - After making the deduction

authorized by paragraph (1) of this subsection, the Secretary

shall apportion the remainder of the sums authorized to be

appropriated for expenditure on the recreational trails program

for each fiscal year, among the States in the following manner:

(A) 50 percent of that amount shall be apportioned equally

among eligible States.

(B) 50 percent of that amount shall be apportioned among

eligible States in amounts proportionate to the degree of

non-highway recreational fuel use in each of those States

during the preceding year.

(3) Eligible state defined. - In this section, the term

"eligible State" means a State that meets the requirements of

section 206(c).

(i) Audits of Highway Trust Fund. - From administrative funds

deducted under subsection (a), the Secretary may reimburse the

Office of Inspector General of the Department of Transportation for

the conduct of annual audits of financial statements in accordance

with section 3521 of title 31.

(j) Report to Congress. - The Secretary shall submit to Congress

a report for each fiscal year on -

(1) the amount obligated, by each State, for Federal-aid

highways and highway safety construction programs during the

preceding fiscal year;

(2) the balance, as of the last day of the preceding fiscal

year, of the unobligated apportionment of each State by fiscal

year under this section and sections 105 and 144;

(3) the balance of unobligated sums available for expenditure

at the discretion of the Secretary for such highways and programs

for the fiscal year; and

(4) the rates of obligation of funds apportioned or set aside

under this section and sections 105, 133, and 144, according to -

(A) program;

(B) funding category or subcategory;

(C) type of improvement;

(D) State; and

(E) sub-State geographic area, including urbanized and rural

areas, on the basis of the population of each such area.

(k) Transfer of Highway and Transit Funds. -

(1) Transfer of highway funds. - Funds made available under

this title and transferred for transit projects of a type

described in section 133(b)(2) shall be administered by the

Secretary in accordance with chapter 53 of title 49, except that

the provisions of this title relating to the non-Federal share

shall apply to the transferred funds.

(2) Transfer of transit funds. - Funds made available under

chapter 53 of title 49 and transferred for highway projects shall

be administered by the Secretary in accordance with this title,

except that the provisions of such chapter relating to the

non-Federal share shall apply to the transferred funds.

(3) Transfer of obligation authority. - Obligation authority

provided for projects described in paragraphs (1) and (2) shall

be transferred in the same manner and amount as the funds for the

projects are transferred.

(l) Effect of Certain Delay in Deposits Into Highway Trust Fund.

- Notwithstanding any other provision of law, deposits into the

Highway Trust Fund resulting from the application of section 901(e)

of the Taxpayer Relief Act of 1997 (111 Stat. 872) shall not be

taken into account in determining the apportionments and

allocations that any State shall be entitled to receive under the

Transportation Equity Act for the 21st Century and this title.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 889; Pub. L. 86-70, Sec.

21(e)(2), June 25, 1959, 73 Stat. 146; Pub. L. 86-657, Sec. 8(g),

July 14, 1960, 74 Stat. 525; Pub. L. 87-866, Sec. 10(a), Oct. 23,

1962, 76 Stat. 1148; Pub. L. 88-157, Secs. 2, 3, Oct. 24, 1963, 77

Stat. 276; Pub. L. 88-423, Sec. 4(a), Aug. 13, 1964, 78 Stat. 397;

Pub. L. 89-574, Sec. 4(b), Sept. 13, 1966, 80 Stat. 767; Pub. L.

90-495, Sec. 4(b), Aug. 23, 1968, 82 Stat. 816; Pub. L. 91-605,

title I, Secs. 104(b), 106(c), Dec. 31, 1970, 84 Stat. 1714, 1717;

Pub. L. 93-87, title I, Secs. 106(b), 111(a), 112, title II, Sec.

227, Aug. 13, 1973, 87 Stat. 254, 256, 257, 292; Pub. L. 94-280,

title I, Secs. 106(b), 107(b), 112(a)-(g), 113(a), title II, Sec.

206, May 5, 1976, 90 Stat. 429, 430, 433-435, 453; Pub. L. 95-599,

title I, Secs. 108-110, 116(b), Nov. 6, 1978, 92 Stat. 2695, 2696,

2699; Pub. L. 97-134, Secs. 4(c), 5, Dec. 29, 1981, 95 Stat. 1700;

Pub. L. 100-17, title I, Secs. 102(b)(1), (2), 114(e)(1), Apr. 2,

1987, 101 Stat. 135, 153; Pub. L. 100-202, Sec. 101(l) [title III,

Sec. 347(a)], Dec. 22, 1987, 101 Stat. 1329-358, 1329-388; Pub. L.

101-516, title III, Sec. 333 [part], Nov. 5, 1990, 104 Stat. 2184;

Pub. L. 102-143, title III, Sec. 333(c), Oct. 28, 1991, 105 Stat.

947; Pub. L. 102-240, title I, Secs. 1001(c)-(e), 1003(e), 1006(e),

(f), 1007(b), 1008(b), 1009(d), 1010, 1024(b), (c)(2), 1028(g),

Dec. 18, 1991, 105 Stat. 1915, 1916, 1926, 1930, 1932, 1934, 1962,

1968; Pub. L. 104-59, title III, Secs. 302, 319(a)(2), 337(f),

title IV, Sec. 410, Nov. 28, 1995, 109 Stat. 578, 589, 603, 633;

Pub. L. 105-130, Secs. 4(a)(3), 5(b), Dec. 1, 1997, 111 Stat. 2556;

Pub. L. 105-178, title I, Secs. 1103(a)-(k), (o), 1212(a)(2)(A),

June 9, 1998, 112 Stat. 118-125, 193; Pub. L. 105-206, title IX,

Sec. 9002(c)(3), July 22, 1998, 112 Stat. 835; Pub. L. 106-159,

title I, Sec. 101(b), Dec. 9, 1999, 113 Stat. 1751.)

-REFTEXT-

REFERENCES IN TEXT

Section 201 of the Appalachian Regional Development Act of 1965

(40 U.S.C. App.), referred to in subsec. (a)(1), is section 201 of

Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 10, as amended, which was

classified to the Appendix of former Title 40, Public Buildings,

Property, and Works, and was repealed and reenacted as section

14501 of Title 40, Public Buildings, Property, and Works, by Pub.

L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.

The Clean Air Act, referred to in subsec. (b)(2)(B), (C), is act

July 14, 1955, ch. 360, 69 Stat. 322, as amended. Subpart 2 of part

D of title I of the Act is classified to subpart 2 (Sec. 7511 et

seq.) of part D of subchapter I of chapter 85 of Title 42, The

Public Health and Welfare. Subpart 3 of part D of title I of the

Act is classified to subpart 3 (Sec. 7512 et seq.) of part D of

subchapter I of chapter 85 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 clause, referred to in subsec.

(d)(2)(B)(i), is the date of enactment of Pub. L. 105-178, which

was approved June 9, 1998.

Section 901(e) of the Taxpayer Relief Act of 1997, referred to in

subsec. (l), is section 901(e) of Pub. L. 105-34, title IX, Aug. 5,

1997, 111 Stat. 872, which is set out as a note under section 6302

of Title 26, Internal Revenue Code.

The Transportation Equity Act for the 21st Century, referred to

in subsec. (l), is Pub. L. 105-178, June 9, 1998, 112 Stat. 107, as

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

section 1(a) of Pub. L. 105-178, set out as a Short Title of 1998

Amendment note under section 101 of this title and Tables.

-COD-

CODIFICATION

Another section 1003(e) of Pub. L. 102-240, as added by Pub. L.

105-130, Sec. 2(d), is not classified to the Code.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(1). Pub. L. 106-159, Sec. 101(b)(1)-(3),

substituted "exceed - " for "exceed 1 1/2 percent of all sums so

made available, as the Secretary determines necessary - " in

introductory provisions, added introductory provisions of subpar.

(A), redesignated former subpars. (A) and (B) as cls. (i) and (ii),

respectively, of subpar. (A), substituted "; and" for the period at

end of cl. (ii), and added subpar. (B).

Subsec. (a)(4). Pub. L. 106-159, Sec. 101(b)(4), which directed

amendment of subsec. (a)(1) by adding par. (4) at the end, was

executed by adding par. (4) at the end of subsec. (a), to reflect

the probable intent of Congress.

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1103(a), added subsec.

(a) and struck out former subsec. (a) which read as follows:

"Whenever an apportionment is made of the sums authorized to be

appropriated for expenditure on the surface transportation program,

the congestion mitigation and air quality improvement program, the

National Highway System, and the Interstate System, the Secretary

shall deduct a sum, in such amount not to exceed 3 3/4 per centum

of all sums so authorized as the Secretary may deem necessary for

administering the provisions of law to be financed from

appropriations for the Federal-aid systems and for carrying on the

research authorized by subsections (a) and (b) of section 307 of

this title. In making such determination, the Secretary shall take

into account the unexpended balance of any sums deducted for such

purposes in prior years. The sum so deducted shall be available for

expenditure from the unexpended balance of any appropriation made

at any time for expenditure upon the Federal-aid systems, until

such sum has been expended."

Subsec. (a)(1). Pub. L. 105-178, Sec. 1103(o)(1), as added by

Pub. L. 105-206, Sec. 9002(c)(3), struck out "under section 103"

after "National Highway System program" in introductory provisions.

Subsec. (b). Pub. L. 105-178, Sec. 1103(b), inserted heading and

amended text of subsec. (b) generally. Prior to amendment, text

related to Secretary's apportionment among various States of sums

authorized to be appropriated for surface transportation program,

congestion mitigation and air quality improvement program, National

Highway System, and Interstate System each fiscal year.

Subsec. (b)(1)(A). Pub. L. 105-178, Sec. 1103(o)(2)(A), as added

by Pub. L. 105-206, Sec. 9002(c)(3), substituted "1998 through

2002" for "1999 through 2003".

Subsec. (b)(4)(B)(i). Pub. L. 105-178, Sec. 1103(o)(2)(B), as

added by Pub. L. 105-206, Sec. 9002(c)(3), substituted "on

Interstate System routes open to traffic in each State" for "on

lanes on Interstate System routes designated under -

"(I) section 103;

"(II) section 139(a) (as in effect on the day before the date

of enactment of the Transportation Equity Act for the 21st

Century) before March 9, 1984 (other than routes on toll roads

not subject to a Secretarial agreement under section 105 of the

Federal-Aid Highway Act of 1978 (92 Stat. 2692)); and

"(III) section 139(c) (as in effect on the day before the date

of enactment of the Transportation Equity Act for the 21st

Century);

in each State".

Subsec. (d)(1). Pub. L. 105-178, Sec. 1103(c)(1), substituted

"Before making an apportionment under subsection (b)(3) of this

section for a fiscal year, the Secretary shall set aside $500,000

for such" for "The Secretary shall expend, from administrative

funds deducted under subsection (a), $300,000 for each".

Subsec. (d)(2). Pub. L. 105-178, Sec. 1103(c)(2), added par. (2)

and struck out former par. (2) which read as follows:

"(2) Railway-highway crossing hazard elimination in high speed

rail corridors. - (A) Before making an apportionment of funds under

subsection (b)(3) for a fiscal year, the Secretary shall set aside

$5,000,000 of the funds authorized to be appropriated for the

surface transportation program for such fiscal year for elimination

of hazards of railway-highway crossings in not to exceed 5 railway

corridors selected by the Secretary in accordance with the criteria

set forth in this paragraph.

"(B) A corridor selected by the Secretary under subparagraph (A)

must include rail lines where railroad speeds of 90 miles per hour

are occurring or can reasonably be expected to occur in the

future."

Subsec. (d)(3). Pub. L. 105-178, Sec. 1103(c)(2), struck out par.

(3) which read as follows: "In making the determination required by

paragraph (2)(A), the Secretary shall consider projected rail

ridership volumes in such corridors, the percentage of the corridor

over which a train will be capable of operating at its maximum

cruise speed taking into account such factors as topography and

other traffic on the line, projected benefits to nonriders such as

congestion relief on other modes of transportation serving the

corridors (including congestion in heavily traveled air passenger

corridors), the amount of State and local financial support that

can reasonably be anticipated for the improvement of the line and

related facilities, and the cooperation of the owner of the

right-of-way that can reasonably be expected in the operation of

high speed rail passenger service in such corridors."

Subsec. (e). Pub. L. 105-178, Sec. 1103(d), inserted heading,

designated existing provisions as par. (1), inserted heading,

struck out "(other than under subsection (b)(5) of this section)"

after "apportioned hereunder" and "and research" before "pursuant

to subsection (a) of this section" in first sentence, struck out

second sentence which read "On October 1 of the year preceding the

fiscal year for which authorized, the Secretary shall certify to

each of the State highway departments the sums which he has

apportioned under subsection (b)(5) of this section to each State

for such fiscal year, and also the sums which he has deducted for

administration and research pursuant to subsection (a) of this

section.", realigned margins, and added par. (2).

Subsec. (e)(1). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii),

substituted "State transportation departments" for "State highway

departments".

Subsec. (e)(2). Pub. L. 105-178, Sec. 1103(o)(3), as added by

Pub. L. 105-206, Sec. 9002(c)(3), substituted "104, 105, or 144"

for "104, 144, or 157".

Subsec. (f). Pub. L. 105-178, Sec. 1103(k)(1), inserted heading.

Subsec. (f)(1). Pub. L. 105-178, Sec. 1103(k)(2), which directed

the amendment of par. (1) by striking out " ', except that' and all

that follows through 'programs' ", was executed by striking out ",

except that the amount from which such set aside is made shall not

include funds authorized to be appropriated for the recreational

trails program" after "section 134 of this title" to reflect the

probable intent of Congress and the amendment by Pub. L. 105-178,

Sec. 1103(e)(1). See below.

Pub. L. 105-178, Sec. 1103(k)(1), (6), inserted heading and

realigned margins.

Pub. L. 105-178, Sec. 1103(e)(1), substituted "recreational

trails program" for "Interstate construction and Interstate

substitute programs".

Subsec. (f)(2). Pub. L. 105-178, Sec. 1103(k)(3), (6), inserted

heading and realigned margins.

Subsec. (f)(3). Pub. L. 105-178, Sec. 1103(e)(2), (k)(4), (6),

inserted heading, substituted "section 120(b)" for "section 120(j)

of this title", and realigned margins.

Subsec. (f)(4). Pub. L. 105-178, Sec. 1103(k)(5), (6), inserted

heading and realigned margins.

Subsec. (f)(5). Pub. L. 105-178, Sec. 1103(k)(6), realigned

margins.

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

"State transportation department" for "State highway department"

wherever appearing.

Subsec. (h). Pub. L. 105-178, Sec. 1103(f), amended heading and

text of subsec. (h) generally. Prior to amendment, text read as

follows: "In addition to funds made available from the National

Recreational Trails Trust Fund, the Secretary shall obligate, from

administrative funds (contract authority) deducted under subsection

(a), to carry out section 1302 of the Intermodal Surface

Transportation Efficiency Act of 1991 (16 U.S.C. 1261) $15,000,000

for each of fiscal years 1996 and 1997 and $7,500,000 for the

period of October 1, 1997, through March 31, 1998."

Subsec. (i). Pub. L. 105-178, Sec. 1103(g), added subsec. (i) and

struck out former subsec. (i) which read as follows:

"(i) Woodrow Wilson Memorial Bridge. -

"(1) Expenditure. - From any available administrative funds

deducted under subsection (a), the Secretary shall obligate such

sums as are necessary for each of fiscal years 1996 and 1997, and

for the period of October 1, 1997, through March 31, 1998, for

the rehabilitation of the Woodrow Wilson Memorial Bridge and for

environmental studies and documentation, planning, preliminary

engineering and design, and final engineering for a new crossing

of the Potomac River as part of the Project, as defined by

section 404 of the Woodrow Wilson Memorial Bridge Authority Act

of 1995.

"(2) Federal share. - The Federal share of the cost of any

project funded with amounts expended under paragraph (1) shall be

100 percent."

Subsec. (j). Pub. L. 105-178, Sec. 1103(h), added subsec. (j) and

struck out former subsec. (j) which read as follows: "The Secretary

shall submit to Congress not later than the 20th day of each

calendar month which begins after the date of enactment of this

subsection a report on (1) the amount of obligation, by State, for

Federal-aid highways and the highway safety construction programs

during the preceding calendar month, (2) the cumulative amount of

obligation, by State, for that fiscal year, (3) the balance as of

the last day of such preceding month of the unobligated

apportionment of each State by fiscal year, and (4) the balance of

unobligated sums available for expenditure at the discretion of the

Secretary for such highways and programs for that fiscal year."

Subsec. (k). Pub. L. 105-178, Sec. 1103(i), added subsec. (k).

Subsec. (l). Pub. L. 105-178, Sec. 1103(j), added subsec. (l).

1997 - Subsec. (h). Pub. L. 105-130, Sec. 5(b), added Pub. L.

102-240, Sec. 1003(e). See 1991 Amendment note below.

Subsec. (i)(1). Pub. L. 105-130, Sec. 4(a)(3), inserted ", and

for the period of October 1, 1997, through March 31, 1998," after

"fiscal years 1996 and 1997".

1995 - Subsec. (b)(2). Pub. L. 104-59, Sec. 319(a)(2), in second

sentence of introductory provisions substituted "was a

nonattainment area (as defined in section 171(2) of the Clean Air

Act (42 U.S.C. 7501(2))) for ozone during any part of fiscal year

1994" for "is a nonattainment area (as defined in the Clean Air

Act) for ozone" and in first sentence of closing provisions

substituted "If the area was also" for "If the area is also", and

inserted "during any part of fiscal year 1994" after "area for

carbon monoxide".

Subsec. (g). Pub. L. 104-59, Sec. 302, substituted "exceed 50

percent" for "exceed 40 percent" in third sentence.

Subsecs. (h) to (j). Pub. L. 104-59, Secs. 337(f), 410, added

subsecs. (h) and (i) and redesignated former subsec. (h) as (j).

1991 - Subsec. (a). Pub. L. 102-240, Sec. 1007(b)(2)(A),

substituted "on the surface transportation program, the congestion

mitigation and air quality improvement program, the National

Highway System, and the Interstate System" for "upon the

Federal-aid systems" and was executed by making the substitution

for the first reference to "upon the Federal-aid systems".

Subsec. (a)(2), (3). Pub. L. 102-143, Sec. 333(c), repealed Pub.

L. 101-516, Sec. 333. See 1990 Amendment note below.

Subsec. (b). Pub. L. 102-240, Sec. 1007(b)(2), in introductory

provisions, substituted "paragraph (5)(A)" for "paragraphs (4) and

(5)", "and section 307" for "and sections 118(c) and 307(d)", and

"on the surface transportation program, the congestion mitigation

and air quality improvement program, the National Highway System,

and the Interstate System" for "upon the Federal-aid systems".

Pub. L. 102-143, Sec. 333(c), repealed Pub. L. 101-516, Sec. 333.

See 1990 Amendment note below.

Subsec. (b)(1). Pub. L. 102-240, Sec. 1006(e), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "For the

Federal-aid primary system (including extensions in urban areas and

priority primary routes) -

"Two-thirds according to the following formula: one-third in

the ratio which the area of each State bears to the total area of

all the States, one-third in the ratio which the population of

rural areas of each State bears to the total population of rural

areas of all the States as shown by the latest available Federal

census, and one-third in the ratio which the mileage of rural

delivery routes and intercity mail routes where service is

performed by motor vehicles in each State bear to the total

mileage of rural delivery and intercity mail routes where service

is performed by motor vehicles, as shown by a certificate of the

Postmaster General, which he is directed to make and furnish

annually to the Secretary; and one-third as follows: in the ratio

which the population in urban areas in each State bears to the

total population in urban areas in all the States as shown by the

latest Federal census. No State (other than the District of

Columbia) shall receive less than one-half of 1 per centum of

each year's apportionment."

Subsec. (b)(2). Pub. L. 102-240, Sec. 1008(b), amended par. (2)

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

Federal-aid secondary system:

"One-third in the ratio which the area of each State bears to

the total area of all the States; one-third in the ratio which

the population of rural areas of each State bears to the total

population of rural areas of all the States as shown by the

latest available Federal census; and one-third in the ratio which

the mileage of rural delivery and intercity mail routes where

service is performed by motor vehicles, certified as above

provided, in each State bears to the total mileage of rural

delivery and intercity mail routes where service is performed by

motor vehicles in all the States. No State (other than the

District of Columbia) shall receive less than one-half of 1 per

centum of each year's apportionment."

Subsec. (b)(3). Pub. L. 102-240, Sec. 1007(b)(1), which directed

that par. (3) "is amended to read as follows", was executed by

adding par. (3) to reflect the probable intent of Congress, because

prior par. (3) had been repealed. See 1976 Amendment note below.

Subsec. (b)(5)(A). Pub. L. 102-240, Sec. 1001(c)-(e), substituted

"1960 through 1996" for "1960 through 1990" wherever appearing, and

"As soon as practicable after the date of the enactment of the

Intermodal Surface Transportation Efficiency Act of 1991 for fiscal

year 1992, and on October 1 of each of fiscal years 1993, 1994, and

1995, the Secretary shall make the apportionment required by this

subparagraph for all States (other than Massachusetts) using the

Federal share of the last estimate submitted to Congress, adjusted

to reflect (i) all previous credits, apportionments of interstate

construction funds, and lapses of previous apportionments of

interstate construction funds, (ii) previous withdrawals of

interstate segments, (iii) previous allocations of interstate

discretionary funds, and (iv) transfers of interstate construction

funds" for "On October 1 of each of fiscal years 1988, 1989, 1990,

and 1991, whenever Congress has not approved a cost estimate under

this subparagraph, the Secretary shall make the apportionment

required by this subparagraph using the Federal share of the last

estimate submitted to Congress, adjusted to reflect (i) all

previous credits, apportionments of interstate construction funds

and lapses of previous apportionments of interstate construction

funds, (ii) previous withdrawals of interstate segments, (iii)

previous allocations of interstate discretionary funds, and (iv)

transfers of interstate construction funds", and inserted before

last sentence: "Notwithstanding any other provision of this

subparagraph or any cost estimate approved or adjusted pursuant to

this subparagraph, subject to the deductions under this section,

the amounts to be apportioned to the State of Massachusetts

pursuant to this subparagraph for fiscal years 1993, 1994, 1995,

and 1996 shall be as follows: $450,000,000 for fiscal year 1993,

$800,000,000 for fiscal year 1994, $800,000,000 for fiscal year

1995, and $500,000,000 for fiscal year 1996."

Subsec. (b)(5)(B). Pub. L. 102-240, Sec. 1009(d), inserted "and

routes on the Interstate System designated under section 139(a) of

this title before March 9, 1984," in two places.

Subsec. (c). Pub. L. 102-240, Sec. 1006(f), added subsec. (c) and

struck out former subsec. (c) which read as follows:

"(1) Subject to subsection (d), the amount apportioned in any

fiscal year, commencing with the apportionment of funds authorized

to be appropriated under subsection (a) of section 102 of the

Federal-Aid Highway Act of 1956 (70 Stat. 374), to each State in

accordance with paragraph (1) or (2) of subsection (b) of this

section may be transferred from the apportionment under one

paragraph to the apportionment under the other paragraph if such a

transfer is requested by the State highway department and is

approved by the Governor of such State and the Secretary as being

in the public interest.

"(2) Subject to subsection (d), the amount apportioned in any

fiscal year to each State in accordance with paragraph (1) or (6)

of subsection (b) of this section may be transferred from the

apportionment under one paragraph to the apportionment under the

other paragraph if such transfer is requested by the State highway

department and is approved by the Governor of such State and the

Secretary as being in the public interest. Funds apportioned in

accordance with paragraph (6) of subsection (b) of this section

shall not be transferred from their allocation to any urbanized

area of two hundred thousand population or more under section 150

of this title, without the approval of the local officials of such

urbanized area."

Pub. L. 102-143, Sec. 333(c), repealed Pub. L. 101-516, Sec. 333.

See 1990 Amendment note below.

Subsec. (d). Pub. L. 102-240, Sec. 1010, amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "Each

transfer of apportionments under subsection (c) of this section

shall be subject to the following conditions:

"(1) In the case of transfers under paragraph (1), the total of

all transfers during any fiscal year to any apportionment shall

not increase the original amount of such apportionment for such

fiscal year by more than 50 per centum. Not more than 50 per

centum of the original amount of an apportionment for any fiscal

year shall be transferred to other apportionments.

"(2) In the case of transfers under paragraph (2), the total of

all transfers during any fiscal year to any apportionment shall

not increase the original amount of such apportionment for such

fiscal year by more than 50 per centum. Not more than 50 per

centum of the original amount of an apportionment for any fiscal

year shall be transferred to other apportionments.

"(3) No transfer shall be made from an apportionment during any

fiscal year if during such fiscal year a transfer has been made

to such apportionment.

"(4) No transfer shall be made to an apportionment during any

fiscal year if during such fiscal year a transfer has been made

from such apportionment."

Subsec. (f)(1). Pub. L. 102-240, Sec. 1024(b)(1)-(3), substituted

"1 percent" for "one-half per centum", "programs authorized under

this title" for "the Federal-aid systems", and "except that the

amount from which such set aside is made shall not include funds

authorized to be appropriated for the Interstate construction and

Interstate substitute programs" for "except that in the case of

funds authorized for apportionment on the Interstate System, the

Secretary shall set aside that portion of such funds (subject to

the overall limitation of one-half of 1 per centum) on October 1 of

the year next preceding the fiscal year for which such funds are

authorized for such System".

Subsec. (f)(3). Pub. L. 102-240, Sec. 1024(b)(4), (c)(2),

substituted "120(j)" for "120" and struck out "designated by the

State as being" after "organizations".

Subsec. (f)(4). Pub. L. 102-240, Sec. 1024(b)(5), inserted

provisions relating to attainment of air quality standards and

provisions relating to other factors necessary to provide

appropriate distribution of funds to carry out section 134 and

other requirements of Federal law.

Subsec. (f)(5). Pub. L. 102-240, Sec. 1024(b)(6), added par. (5).

Subsec. (g). Pub. L. 102-240, Sec. 1028(g), inserted before last

sentence "A State may transfer not to exceed 40 percent of the

State's apportionment under section 144 in any fiscal year to the

apportionment of such State under subsection (b)(1) or subsection

(b)(3) of this section. Any transfer to subsection (b)(3) shall not

be subject to section 133(d)."

Subsec. (h). Pub. L. 102-240, Sec. 1003(e), as added by Pub. L.

105-130, Sec. 5(b), inserted before period at end "and $7,500,000

for the period of October 1, 1997, through March 31, 1998".

1990 - Subsec. (a)(2), (3). Pub. L. 101-516, Sec. 333 [part],

which added pars. (2) and (3) to read as follows:

"(2) The Secretary shall withhold 10 per centum (including any

amounts withheld under paragraph (1)) of the amount required to be

apportioned to any State under each of paragraphs (1), (2), (5),

and (6) of section 104(b) on the first day of each fiscal year

which begins after the fourth full calendar year following the date

of enactment of this section if the State does not meet the

requirements of paragraph (3) on the first day of such fiscal year.

"(3) 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 date of enactment of

this section a written certification stating that he is opposed

to the enactment or enforcement in his State of a law described

in subparagraph (A) relating to the revocation, suspension,

issuance, or reinstatement of driver's 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)."

was repealed by Pub. L. 102-143, Sec. 333(c). See Construction of

1990 Amendment note below and section 159(a)(2), (3) of this title.

Subsec. (b). Pub. L. 101-516, Sec. 333 [part], which amended

subsec. (b) generally to read as follows:

"(1)(A) 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) 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) 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), (2), or (6) 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) No funds withheld under this section from apportionment to

any State after September 30, 1995, shall be available for

apportionment to such State.

"(2) 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) Any funds apportioned pursuant to paragraph (2) shall remain

available for expenditure as follows:

"(A) Funds originally apportioned under section 104(b)(5)(A)

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 originally apportioned under paragraph (1), (2),

(5)(B), or (6) 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), shall lapse and

be made available by the Secretary for projects in accordance with

section 118(b).

"(4) 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), such funds shall lapse and be made available by the

Secretary for projects in accordance with section 118(b)."

was repealed by Pub. L. 102-143, Sec. 333(c). See Construction of

1990 Amendment note below and section 159(b) of this title.

Subsec. (c). Pub. L. 101-516, Sec. 333 [part], which amended

subsec. (c) generally to read as follows: "For purposes of this

section -

"(1) 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) 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) The term 'convicted' includes adjudicated under juvenile

proceedings."

was repealed by Pub. L. 102-143, Sec. 333(c). See Construction of

1990 Amendment note below and section 159(c) of this title.

1987 - Subsec. (b). Pub. L. 100-17, Sec. 114(e)(1), inserted "and

the set asides authorized by subsection (f) of this section and

sections 118(c) and 307(d) of this title" after "subsection (a) of

this section" in introductory provisions.

Subsec. (b)(5)(A). Pub. L. 100-17, Sec. 102(b)(1), inserted after

"September 30, 1990." the following: "The Secretary shall make a

revised estimate of the cost of completing the then designated

Interstate System after taking into account all previous

apportionments made under this section in the same manner as stated

above, and transmit the same to the Senate and the House of

Representatives within 10 days subsequent to January 2, 1989. Upon

the approval by Congress, the Secretary shall use the Federal share

of such approved estimates in making apportionments for the fiscal

years 1991 and 1992. The Secretary shall make a revised estimate of

the cost of completing the then designated Interstate System after

taking into account all previous apportionments made under this

section in the same manner as stated above, and transmit the same

to the Senate and the House of Representatives within 10 days

subsequent to January 2, 1991. Upon the approval by Congress, the

Secretary shall use the Federal share of such approved estimates in

making apportionments for the fiscal year 1993."

Pub. L. 100-17, Sec. 102(b)(2), inserted at end "On October 1 of

each of fiscal years 1988, 1989, 1990, and 1991, whenever Congress

has not approved a cost estimate under this subparagraph, the

Secretary shall make the apportionment required by this

subparagraph using the Federal share of the last estimate submitted

to Congress, adjusted to reflect (i) all previous credits,

apportionments of interstate construction funds and lapses of

previous apportionments of interstate construction funds, (ii)

previous withdrawals of interstate segments, (iii) previous

allocations of interstate discretionary funds, and (iv) transfers

of interstate construction funds. If, before apportionment of funds

under this subparagraph for any fiscal year, the Secretary and a

State highway department agree that a portion of the apportionment

to such State is not needed for such fiscal year, the amount of

such portion shall be made available under section 118(b)(2) of

this title."

Subsec. (g). Pub. L. 100-202 substituted "sections 130, 144, and

152 of this title" for "sections 144, 152, and 153 of this title,

or section 203(d) of the Highway Safety Act of 1973," and struck

out "All or any part of the funds apportioned in any fiscal year to

a State in accordance with section 203(d) of the Highway Safety Act

of 1973 from funds authorized in section 203(c) of such Act, may be

transferred from that apportionment to the apportionment made under

section 219 of this title if such transfer is requested by the

State highway department and is approved by the Secretary after he

has received satisfactory assurances from such department that the

purposes of such section 203 have been met."

1981 - Subsec. (b)(5)(A). Pub. L. 97-134, Sec. 4(c), inserted

provision that the Secretary shall include only those costs

eligible for funds authorized by section 108(b) of the Federal

Highway Act of 1956 in making the revised estimate of completing

Interstate System for the purpose of transmitting it to the

Congress within ten days subsequent to Jan. 2, 1983 or thereafter.

Subsec. (b)(5)(B). Pub. L. 97-134, Sec. 5, inserted reference to

reconstruction in opening par., substituted "55 per centum in the

ratio that lane miles on the Interstate routes designated under

sections 103 and 139(c) of this title (other than those on toll

roads not subject to a Secretarial agreement provided for in

section 105 of the Federal-Aid Highway Act of 1978) in each State

bears to the total of all such lane miles in all States; and 45 per

centum in the ratio that vehicle miles traveled on lanes on the

Interstate routes designated under sections 103 and 139(c) of this

title" for "Seventy-five per centum in the ratio that lane miles in

use for more than five years on the Interstate System (other than

those on toll roads not subject to a Secretarial agreement provided

for in section 105 of the Federal-Aid Highway Act of 1978) in each

State bears to the total of all such lane miles in all States; and

25 per centum in the ratio that vehicle miles traveled on lanes in

use for more than five years on the Interstate System" and inserted

provision that no State excluding any State that has no interstate

lane miles shall receive less than one-half of 1 per centum of the

total apportionment made by this subparagraph for any fiscal year.

1978 - Subsec. (b)(5)(A). Pub. L. 95-599, Sec. 108, inserted

provision relating to deadline for inclusion of estimate.

Subsec. (b)(5)(B). Pub. L. 95-599, Sec. 116(b), substituted

provisions limiting apportionment of funds ratio to seventy-five

percent of lane miles ratio and twenty-five of miles traveled ratio

for provision establishing a straight ratio for such apportionment.

Subsec. (d). Pub. L. 95-599, Sec. 109, substituted "50" for "40"

and "20" wherever appearing.

Subsec. (h). Pub. L. 95-599, Sec. 110, added subsec. (h).

1976 - Subsec. (b). Pub. L. 94-280, Sec. 112(a), substituted "On

October 1 of each fiscal year" for "On or before January 1 next

preceding the commencement of each fiscal year,".

Subsec. (b)(1). Pub. L. 94-280, Sec. 112(b), inserted in

introductory text "(including extensions in urban areas and

priority primary routes)", made existing provisions applicable for

a two-third apportionment of monies, striking out "in all the

States at the close of the next preceding calendar year" before "as

shown by a certificate of the Postmaster General" and inserted

provision for a one-third apportionment in the ratio which the

population in urban areas in each State bears to the total

population in urban areas in all the States as shown by the latest

Federal census.

Subsec. (b)(3). Pub. L. 94-280, Sec. 112(c), repealed provisions

respecting apportionment of monies for extensions of the

Federal-aid primary and Federal-aid secondary systems within urban

areas in the ratio which the population in municipalities and other

urban places of five thousand or more in each State bears to the

total population in municipalities and other urban places of five

thousand or more in all of the States as shown by the latest

available Federal census.

Subsec. (b)(5)(A). Pub. L. 94-280, Secs. 106(b), 107(b), 112(g),

designated existing provisions as subpar. (A) and inserted

introductory phrase "Except as provided in subparagraph B - ";

substituted wherever appearing in introductory phrase and second

and third sentences "1990" for "1979"; substituted provision for

apportionment for fiscal year ending September 30, 1977, for prior

provision for fiscal year ending June 30, 1977, substituted

provision for apportionment for fiscal year ending September 30,

1978, in accordance with section 103 of Federal-Aid Highway Act of

1976, for prior provision for apportionment for fiscal year ending

June 30, 1978, substituted provision for apportionment for fiscal

year ending September 30, 1979, for prior provision for fiscal year

ending June 30, 1979, provided for apportionment for fiscal year

ending September 30, 1980, and inserted provisions for revised

estimates of completion costs and transmittal thereof to Congress

within ten days subsequent to January 2, 1979, 1981, 1983, 1985,

and 1987 for apportionments for fiscal years ending September 30,

1981 and 1982, 1983 and 1984, 1985 and 1986, 1987 and 1988, and

1989 and 1990; and substituted in third sentence "October 1 of the

year preceding the fiscal year for which authorized" for "a date as

far in advance of the beginning of the fiscal year for which

authorized as practicable but in no case more than eighteen months

prior to the beginning of the fiscal year for which authorized".

Subsec. (b)(5)(B). Pub. L. 94-280, Sec. 106(b), added subpar.

(B).

Subsec. (c). Pub. L. 94-280, Sec. 113(a), designated existing

provisions as par. (1), substituted "Subject to subsection (d), the

amount" for "Not more than 40 per centum of the amount" and

"transferred from the apportionment under one paragraph to the

apportionment under the other paragraph" for "transferred from the

apportionment under one paragraph to the apportionment under any

other of such paragraphs" and struck out former last sentence

reading "The total of such transfers shall not increase the

original apportionment under any of such paragraphs by more than 40

per centum.", and incorporated former subsec. (d) provisions in a

new par. (2), substituting "Subject to subsection (d), the amount"

for "Not more than 40 per centum of the amount" and paragraph "(1)"

for "(3)" and striking out former last sentence reading "The total

of such transfers shall not increase the original apportionment

under either of such paragraphs by more than 40 per centum."

Subsec. (d). Pub. L. 94-280, Sec. 113(a), inserted provisions

respecting conditions for transfer of apportionments under subsec.

(c) of this section and struck out prior subsec. (d) provisions

respecting transfer of certain apportionments, now incorporated in

subsec. (c)(2) of this section.

Subsec. (e). Pub. L. 94-280, Sec. 112(d), in first sentence,

substituted "On October 1" for "On or before January 1 preceding

the commencement" and inserted "(other than under subsection (b)(5)

of this section)" after "hereunder" and inserted certification

provision respecting sums apportioned under subsec. (b)(5) of this

section to each State highway department and amount of deductions

for administration and research; and inserted provisions advising

the States not less than ninety days before the beginning of the

fiscal year of amounts to be apportioned to the States and in the

case of the Interstate System ninety days prior to the

apportionment of funds.

Subsec. (f)(1). Pub. L. 94-280, Sec. 112(e), substituted "On

October 1" for "On or before January 1 next preceding the

commencement" and inserted exception provision.

Subsec. (f)(3). Pub. L. 94-280, Sec. 112(f), authorized State use

of apportioned funds to finance transportation planning outside of

urbanized areas.

Subsec. (g). Pub. L. 94-280, Sec. 206, increased percentage

limitation to "40 per centum" from "30 per centum"; authorized

approval by Secretary of transfer of apportionments when requested

by the State highway department and approved by the Secretary as

being in the public interest; and provided for transfer of

apportionments under section 203(c) and (d) of the Highway Safety

Act of 1973, to apportionments under section 219 of this title, and

clarified the authority for apportionment of Highway Trust Fund

funds.

1973 - Subsec. (b)(1). Pub. L. 93-87, Sec. 111(a)(1), (2),

substituted "intercity mail routes where service is performed by

motor vehicles" for "star routes" in two places, "one-third in the

ratio which the population of rural areas of each State bears to

the total population of rural areas of all the States" for

"one-third in the ratio which the population of each State bears to

the total population of all the States", and "No State (other than

the District of Columbia) shall receive" for "No State shall

receive".

Subsec. (b)(2). Pub. L. 93-87, Sec. 111(a)(1), (3), substituted

"intercity mail routes where service is performed by motor

vehicles" for "star routes" in two places, "one-third in the ratio

which the population of rural areas of each State bears to the

total population of rural areas of all of the States" for

"one-third in the ratio which the rural population of each State

bears to the total rural population of all the States", and "No

State (other than the District of Columbia) shall receive" for "No

State shall receive".

Subsec. (b)(5). Pub. L. 93-87, Sec. 106(b), extended from 1976 to

1979, the date for completion of the Interstate System; and

authorized the Secretary to use the Federal share of the approved

estimate in making apportionments for fiscal years ending June 30,

1976, 1977, 1978, and 1979, reenacted requirement that Secretary

make a revised estimate of cost of completing the then designated

Interstate System, substituting Jan. 2, 1975, for Jan. 2, 1974, as

the commencing date for the ten day period for transmittal of the

revised cost estimate, and reenacted provisions of last sentence

without change, respectively.

Subsec. (b)(6). Pub. L. 93-87, Sec. 111(a)(4), substituted "urban

areas" for "urbanized areas" in two places and mandated that no

State shall receive less than one-half of 1 per centum of each

year's apportionment.

Subsec. (c). Pub. L. 93-87, Sec. 111(a)(5), (7), substituted "40"

for "20" per centum in two places and struck out reference to par.

(3) of subsec. (b) of this section and provision of last sentence

that nothing contained in subsec. (c) shall alter or impair the

authority contained in subsec. (d) of this section.

Subsec. (d). Pub. L. 93-87, Sec. 111(a)(6), substituted

provisions respecting transfer of apportionment of funds under

pars. (3) and (6) of subsec. (b) of this section from one paragraph

to the other when requested by the State highway department and

approved as in the public interest by the Governor of the State and

the Secretary for former provisions which authorized expenditure of

subsec. (b)(2) funds apportioned for Federal-aid secondary system

to a State for projects on another Federal-aid system when the

State highway department and the Secretary were in joint agreement

as to such other expenditure.

Subsec. (f). Pub. L. 93-87, Sec. 112, incorporated provisions of

former subsec. (f) that "Not to exceed 50 per centum of the amounts

apportioned in accordance with paragraph (3) of subsection (b) of

this section may be expended for projects on the Federal-aid urban

system" in provisions designated as par. (1) and stating that "On

or before January 1 next preceding the commencement of each fiscal

year, the Secretary, after making the deduction authorized by

subsection (a) of this section, shall set aside not to exceed

one-half per centum of the remaining funds authorized to be

appropriated for expenditure upon the Federal-aid systems, for the

purpose of carrying out the requirements of section 134 of this

title." and added pars. (2)-(4).

Subsec. (g). Pub. L. 93-87, Sec. 227, added subsec. (g).

1970 - Subsec. (b)(5). Pub. L. 91-605, Sec. 104(b), extended from

1974 to 1976 the date for completion of the Interstate System,

substituted "on April 20, 1970" for "within ten days subsequent to

January 2, 1970" as the date for submission by the Secretary to

Congress of a revised completion cost estimate of the Interstate

System, struck out reference of finality as applied to this

estimate, deleted June 30, 1974 from the enumerated list of fiscal

years for which the Secretary shall use the Federal share of the

approved 1970 estimate in making apportionments, inserted provision

directing the Secretary to submit to Congress a revised Interstate

System completion cost estimate within 10 days from Jan. 2, 1972

with apportionments to be made by the Secretary for use in the

fiscal years 1974 and 1975 from the Federal share of the approved

estimate, and inserted provision directing the Secretary to submit

to Congress another cost estimate within 10 days from Jan. 2, 1974

to be used for making apportionments for the fiscal year 1976.

Subsec. (b)(6). Pub. L. 91-605, Sec. 106(c)(2), added par. (6).

Subsec. (f). Pub. L. 91-605, Sec. 106(c)(1), added subsec. (f).

1968 - Subsec. (b)(5). Pub. L. 90-495 extended from 1972 to 1974

the date for completion of the Interstate System, added the fiscal

year ending June 30, 1971, to the enumeration of fiscal years for

which the Secretary may use the Federal share of approval estimates

in making apportionments, substituted January 2, 1970, for January

2, 1969, as the date for commencement of the 10-day period during

which the Secretary shall transmit to Congress his final revised

estimate of the cost of completing the Interstate system, and added

the fiscal years ending June 30, 1973, and June 30, 1974, to the

enumerated list of fiscal years for which the Secretary shall use

the Federal share of the approved estimate in making

apportionments.

1966 - Subsec. (b)(5). Pub. L. 89-574 substituted "1972" for

"1971" wherever appearing except in provision requiring the

Secretary, with the approval of Congress, to use the Federal share

of the approved estimates in making apportionments for the fiscal

year ending June 30, 1971, and, in such provision, retained the

authority of the Secretary to use the Federal share of the approved

estimates in making apportionments for the fiscal year ending June

30, 1971, but extended the authority of the Secretary to use the

Federal share of the approved estimates in making apportionments

for the fiscal year ending June 30, 1972, as well.

1964 - Subsec. (b)(5). Pub. L. 88-423 substituted "January 2,

1961" for "January 2, 1962".

1963 - Subsec. (b)(3). Pub. L. 88-157, Sec. 2, struck out

provision which considered Connecticut and Vermont towns as

municipalities for the purposes of par. (3) regardless of their

incorporated status.

Subsec. (b)(5). Pub L. 88-157, Sec. 3, substituted "1971" for

"1969" in introductory text and 3d sentence; inserted "For the

fiscal years 1960 through 1966," and substituted "such State" for

"each State" in 1st sentence; inserted 2d sentence respecting

apportionment for fiscal years 1967 through 1971; substituted in

9th sentence "January 2, 1965" for "January 2, 1966, and annually

thereafter through and including January 2, 1968"; substituted in

10th sentence "Upon the approval of such estimate by the Congress"

for "Upon approval of any such estimate by the Congress by

concurrent resolution" and "fiscal years ending June 30, 1967; June

30, 1968; and June 30, 1969" for "fiscal year which begins next

following the fiscal year in which such report is transmitted to

the Senate and the House of Representatives" and inserted "the

Federal share of" before "such approved estimate"; and inserted

11th through 14th sentences, respecting revised cost estimate for

completion of the Interstate System and its submission to Congress

within 10 days after Jan. 2, 1968, apportionment for fiscal year

ending June 30, 1970, final revised cost estimate for completion of

the Interstate System and its submission to Congress within 10 days

after Jan. 2, 1969, and apportionment for fiscal year ending June

30, 1971, respectively.

1962 - Subsec. (b)(1). Pub. L. 87-866 substituted "preceding

calendar year" for "preceding fiscal year".

1960 - Subsec. (b)(5). Pub L. 86-657 struck out provisions which

required, in making the estimates of cost for completing the

Interstate System, exclusion of the cost of completing any mileage

designated from the one thousand additional miles authorized by

section 108(1) of the Federal-Aid Highway Act of 1956.

1959 - Subsec. (b). Pub. L. 86-70 struck out ", except that only

one-third of the area of Alaska shall be included" after "total

area of all States" in pars. (1) and (2).

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-159 effective Jan. 1, 2000, see section

107(a) of Pub. L. 106-159, set out as a note under section 104 of

Title 49, Transportation.

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

Section 1100 of title I of Pub. L. 102-240 provided that:

"(a) General Rule. - This title [see Tables for classification],

including the amendments made by this title, shall take effect on

the date of the enactment of this Act [Dec. 18, 1991].

"(b) Applicability. - The amendments made by this title shall

apply to funds authorized to be appropriated or made available

after September 30, 1991, and, except as otherwise provided in

subsection (c), shall not apply to funds appropriated or made

available on or before September 30, 1991.

"(c) Unobligated Balances. -

"(1) In general. - Unobligated balances of funds apportioned to

a State under sections 104(b)(1), 104(b)(2), 104(b)(5)(B), and

104(b)(6) of title 23, United States Code, before October 1,

1991, shall be available for obligation in that State under the

law, regulations, policies and procedures relating to the

obligation and expenditure of those funds in effect on September

30, 1991.

"(2) Transferability. -

"(A) Primary system. - A State may transfer unobligated

balances of funds apportioned to the State for the Federal-aid

primary system before October 1, 1991, to the apportionment to

such State under section 104(b)(1) or 104(b)(3) of title 23,

United States Code, or both.

"(B) Secondary and urban system. - A State may transfer

unobligated balances of funds apportioned to the State for the

Federal-aid secondary system or the Federal-aid urban system

before October 1, 1991, to the apportionment to such State

under section 104(b)(3) of such title.

"(C) Applicability of certain laws, regulations, policies,

and procedures. - Funds transferred under this paragraph shall

be subject to the laws, regulations, policies, and procedures

relating to the apportionment to which they are transferred."

EFFECTIVE DATE OF 1976 AMENDMENT; APPLICABLE PROVISIONS DEPENDENT

ON FISCAL FUND AUTHORIZATIONS

Section 113(b) of Pub. L. 94-280 provided that: "The amendment

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

shall take effect on July 1, 1976, and shall be applicable with

respect to funds authorized for the fiscal year ending September

30, 1977, and for subsequent fiscal years. With respect to the

fiscal year 1976 and earlier fiscal years, the provisions of

subsections (c) and (d) of section 104 of title 23, United States

Code, as in effect on June 30, 1976, shall remain applicable to

funds authorized for such years."

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.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 10(b) of Pub. L. 87-866 provided that: "The amendment

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

shall be applicable only with respect to apportionments made after

the date of enactment of this Act [Oct. 23, 1962]."

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-70 effective July 1, 1959, see section

21(e) of Pub. L. 86-70, set out as a note under section 101 of this

title.

CONSTRUCTION OF 1990 AMENDMENT

Section 333(d) of Pub. L. 102-143 provided that: "The amendments

made by section 333 of the Department of Transportation and Related

Agencies Appropriations Act, 1991 (104 Stat. 2184-2186) [Pub. L.

101-516, amending this section and enacting provisions formerly set

out as a note below] shall be treated as having not been enacted

into law."

ADJUSTMENTS FOR SURFACE TRANSPORTATION EXTENSION ACT OF 1997

Pub. L. 105-178, title I, Sec. 1103(m), June 9, 1998, 112 Stat.

126, provided that:

"(1) In general. - Notwithstanding any other provision of law and

subject to section 2(c) of the Surface Transportation Extension Act

of 1997 [Pub. L. 105-130, set out below], the Secretary shall

ensure that the total apportionments for a State (other than

Massachusetts) for fiscal year 1998 made under the Transportation

Equity Act for the 21st Century [Pub. L. 105-178, see Tables for

classification] (including amendments made by such Act) shall be

reduced by the amount apportioned to such State (other than

Massachusetts) under section 1003(d)(1) of the Intermodal Surface

Transportation Efficiency Act of 1991 [Pub. L. 102-240, 111 Stat.

2553].

"(2) Repayment of transferred funds. - The Secretary shall ensure

that any apportionments made to a State for fiscal year 1998 and

adjusted under paragraph (1) shall first be used to restore in

accordance with section 3(c) of the Surface Transportation

Extension Act of 1997 [Pub. L. 105-130, 111 Stat. 2555] any funds

that a State transferred under section 3 of such Act.

"(3) Insufficient funds for repayment. - If a State has

insufficient funds apportioned in fiscal year 1998 under the

Transportation Equity Act for the 21st Century (including

amendments made by such Act) to make the adjustment required by

paragraph (1), then the Secretary shall make an adjustment to any

funds apportioned to such State in fiscal year 1999.

"(4) Allocated programs. - Notwithstanding any other provision of

law, amounts made available for fiscal year 1998 by the

Transportation Equity Act for the 21st Century (including

amendments made by such Act) for a program that is continued by

both of sections 4, 5, 6, and 7 of the Surface Transportation

Extension Act of 1997 (including amendments made by such sections)

[Pub. L. 105-130, see Tables for classification] and the

Transportation Equity Act for the 21st Century (including

amendments made by such Act) shall be reduced by the amount made

available by such sections 4, 5, 6, and 7 for such programs.

"(5) Treatment of STEA obligation authority. - The amount of

obligation authority made available under section 2(e) of the

Surface Transportation Extension Act of 1997 [Pub. L. 105-130, set

out below] shall be considered to be an amount of obligation

authority made available for fiscal year 1998 under section 1102(a)

of this Act [set out above]."

ADVANCES

Section 2 of Pub. L. 105-130 provided that:

"(a) In General. - The Secretary of Transportation (referred to

in this Act as the 'Secretary') shall apportion funds made

available under section 1003(d) of the Intermodal Surface

Transportation Efficiency Act of 1991 [see 111 Stat. 2553] to each

State in the ratio that -

"(1) the State's total fiscal year 1997 obligation authority

for funds apportioned for the Federal-aid highway program; bears

to

"(2) all States' total fiscal year 1997 obligation authority

for funds apportioned for the Federal-aid highway program.

"(b) Programmatic Distributions. -

"(1) Programs. - Of the funds to be apportioned to each State

under subsection (a), the Secretary shall ensure that the State

is apportioned an amount of the funds, determined under paragraph

(2), for the Interstate maintenance program, the National Highway

System, the bridge program, the surface transportation program,

the congestion mitigation and air quality improvement program,

minimum allocation under section 157 of title 23, United States

Code, Interstate reimbursement under section 160 of that title,

the donor State bonus under section 1013(c) of the Intermodal

Surface Transportation Efficiency Act of 1991 (105 Stat. 1940)

[Pub. L. 102-240, set out as a note under section 157 of this

title], hold harmless under section 1015(a) of that Act (105

Stat. 1943) [set out below], 90 percent of payments adjustments

under section 1015(b) of that Act (105 Stat. 1944) [set out

below], section 1015(c) of that Act (105 Stat. 1944) [set out

below], an amount equal to the funds provided under sections 1103

through 1108 of that Act (105 Stat. 2027) [see Tables for

classification], and funding restoration under section 202 of the

National Highway System Designation Act of 1995 (109 Stat. 571).

"(2) In general. - The amount that each State shall be

apportioned under this subsection for each item referred to in

paragraph (1) shall be determined by multiplying -

"(A) the amount apportioned to the State under subsection

(a); by

"(B) the ratio that -

"(i) the amount of funds apportioned for the item, or

allocated under sections 1103 through 1108 of the Intermodal

Surface Transportation Efficiency Act of 1991 (105 Stat.

2027), to the State for fiscal year 1997; bears to

"(ii) the total of the amount of funds apportioned for the

items, and allocated under those sections, to the State for

fiscal year 1997.

"(3) Use of funds. - Amounts apportioned to a State under

subsection (a) attributable to sections 1103 through 1108 of the

Intermodal Surface Transportation Efficiency Act of 1991 shall be

available to the State for projects eligible for assistance under

chapter 1 of title 23, United States Code.

"(4) Administration. - Funds authorized by the amendment made

by subsection (d) shall be administered as if they had been

apportioned, allocated, deducted, or set aside, as the case may

be, under title 23, United States Code; except that the deduction

under section 104(a) of title 23, United States Code, the

set-asides under section 104(b)(1) of that title for the

territories and under section 104(f)(1) of that title for

metropolitan planning, and the expenditure required under section

104(d)(1) of that title shall not apply to those funds.

"(c) Repayment From Future Apportionments. -

"(1) In general. - The Secretary shall reduce the amount that

would, but for this section, be apportioned to a State for

programs under chapter 1 of title 23, United States Code, for

fiscal year 1998 under a law reauthorizing the Federal-aid

highway program enacted after the date of enactment of this Act

[Dec. 1, 1997] by the amount that is apportioned to each State

under subsection (a) and section 5(f) [Pub. L. 105-130, 111 Stat.

2558] for each such program.

"(2) Program category reconciliation. - The Secretary may

establish procedures under which funds apportioned under

subsection (a) for a program category for which funds are not

authorized under a law described in paragraph (1) may be restored

to the Federal-aid highway program.

"(d) Authorization of Contract Authority. - [Amended section 1003

of Pub. L. 102-240.]

"(e) Limitation on Obligations. -

"(1) In general. - Subject to paragraph (2), after the date of

enactment of this Act [Dec. 1, 1997], the Secretary shall

allocate to each State an amount of obligation authority made

available under the Department of Transportation and Related

Agencies Appropriations Act, 1998 (Public Law 105-66 [see Tables

for classification]) that is -

"(A) equal to the greater of -

"(i) the State's unobligated balance, as of October 1,

1997, of Federal-aid highway apportionments subject to any

limitation on obligations; or

"(ii) 50 percent of the State's total fiscal year 1997

obligation authority for funds apportioned for the

Federal-aid highway program; but

"(B) not greater than 75 percent of the State's total fiscal

year 1997 obligation authority for funds apportioned for the

Federal-aid highway program.

"(2) Limitation on amount. - The total of all allocations under

paragraph (1) shall not exceed $9,786,275,000.

"(3) Time period for obligations of funds. -

"(A) In general. - Except as provided in subparagraph (B), a

State shall not obligate any funds for any Federal-aid highway

program project after May 1, 1998, until the earlier of the

date of enactment of a multiyear law reauthorizing the

Federal-aid highway program or July 1, 1998.

"(B) Reobligation. - Subparagraph (A) shall not preclude the

reobligation of previously obligated funds.

"(C) Distribution of remaining obligation authority. - On the

earlier of the date of enactment of a law described in

subparagraph (A) or July 1, 1998, the Secretary shall

distribute to each State any remaining amounts of obligation

authority for Federal-aid highways and highway safety

construction programs by allocation in accordance with section

310(a) of the Department of Transportation and Related Agencies

Appropriations Act, 1998 (Public Law 105-66) [set out below].

"(D) Contract authority. - No contract authority made

available to the States prior to July 1, 1998, shall be

obligated after that date until such time as a multiyear law

reauthorizing the Federal-aid highway program has been enacted.

"(4) Treatment of obligations. - Any obligation of an

allocation of obligation authority made under this subsection

shall be considered to be an obligation for Federal-aid highways

and highway safety construction programs for fiscal year 1998 for

the purposes of the matter under the heading '(limitation on

obligations)' under the heading 'Federal-Aid Highways' in title I

of the Department of Transportation and Related Agencies

Appropriations Act, 1998 (Public Law 105-66 [111 Stat. 1431])."

EFFECT OF LIMITATION ON APPORTIONMENT

Section 319(c) of Pub. L. 104-59 provided that: "Notwithstanding

any other provision of law, for each of fiscal years 1996 and 1997,

the amendments made by subsection (a) [amending this section and

section 149 of this title] shall not affect any apportionment

adjustments under section 1015 of the Intermodal Surface

Transportation Efficiency Act of 1991 (105 Stat. 1943) [Pub. L.

102-240, set out below]."

COMPLETION OF INTERSTATE SYSTEM

Section 1001(a) of Pub. L. 102-240 provided that: "Congress

declares that the authorizations of appropriations and

apportionments for construction of the Dwight D. Eisenhower

National System of Interstate and Defense Highways [now Dwight D.

Eisenhower System of Interstate and Defense Highways] made by this

section (including the amendments made by this section [amending

this section and section 101 of this title]) are the final

authorizations of appropriations and apportionments for completion

of construction of such System."

APPORTIONMENT ADJUSTMENTS

Section 1015 of Pub. L. 102-240 provided that:

"(a) Hold Harmless. -

"(1) General rule. - The amount of funds which, but for this

subsection, would be apportioned to a State for each of the

fiscal years 1992 through 1997 under section 104(b)(3) of title

23, United States Code, for the surface transportation program

shall be increased or decreased by an amount which, when added to

or subtracted from the aggregate amount of funds apportioned to

the State for such fiscal year and funds allocated to the State

for the prior fiscal year under section 104(b) of such title,

section 103(e)(4) for Interstate highway substitute, section 144

of such title, section 157 of such title, under section 202 of

such title for the Federal lands highways program, section 160 of

such title for the reimbursement program, and section 1013(c) of

this Act [23 U.S.C. 157 note] for the donor State bonus program,

will result in the percentage of amounts so apportioned and

allocated to all States being equal to the percentage listed for

such State in paragraph (2).

"(2) State percentages. - For purposes of paragraph (1) the

percentage of amounts apportioned and allocated which are

referred to in paragraph (1) for each State, and the District of

Columbia shall be determined in accordance with the following

table:

Adjustment

States Percentage

Alabama 1.74

Alaska 1.28

Arizona 1.49

Arkansas 1.20

California 9.45

Colorado 1.35

Connecticut 1.78

Delaware 0.41

District of Columbia 0.53

Florida 4.14

Georgia 2.97

Hawaii 0.57

Idaho 0.69

Illinois 3.72

Indiana 2.20

Iowa 1.25

Kansas 1.14

Kentucky 1.52

Louisiana 1.55

Maine 0.50

Maryland 1.69

Massachusetts 4.36

Michigan 2.81

Minnesota 1.58

Mississippi 1.15

Missouri 2.23

Montana 0.97

Nebraska 0.83

Nevada 0.64

New Hampshire 0.48

New Jersey 2.87

New Mexico 1.08

New York 5.37

North Carolina 2.65

North Dakota 0.62

Ohio 3.73

Oklahoma 1.42

Oregon 1.26

Pennsylvania 4.38

Rhode Island 0.54

South Carolina 1.41

South Dakota 0.71

Tennessee 2.08

Texas 6.36

Utah 0.77

Vermont 0.44

Virginia 2.27

Washington 2.06

West Virginia 0.94

Wisconsin 1.70

Wyoming 0.67

"(b) 90 Percent of Payment Adjustments. -

"(1) General rule. - For each of fiscal years 1992 through

1997, the Secretary shall allocate among the States amounts

sufficient to ensure that a State's total apportionments for such

fiscal year and allocations for the prior fiscal year under

section 104(b) of such title, section 103(e)(4) for Interstate

highway substitute, section 144 of such title, section 157 of

such title, section 202 of such title for the Federal lands

highways program, section 1013(c) of this Act [23 U.S.C. 157

note] for the donor State bonus program, section 160 of such

title for the reimbursement program, and subsection (a) of this

section for hold harmless is not less than 90 percent of the

estimated tax payments attributable to highway users in the State

paid into the Highway Trust Fund (other than Mass Transit

Account) in the latest fiscal year in which data is available.

"(2) Transfer of allocated amounts to stp apportionment. -

Subject to subsection (d) of this section, the Secretary shall

transfer amounts allocated to a State pursuant to paragraph (1)

to the apportionment of such State under section 104(b)(3) for

the surface transportation program.

"(c) Additional Allocation. - Subject to subsection (d) of this

section, the Secretary shall allocate to the State of Wisconsin

$40,000,000 for fiscal year 1992 and $47,800,000 for each of fiscal

years 1993 through 1997 and transfer such amounts to the

apportionment of such State under section 104(b)(3) of title 23,

United States Code, for the surface transportation program.

"(d) Limitation on Applicability of Certain Requirements of STP

Program. - The following provisions of section 133 of title 23,

United States Code, shall not apply to 1/2 of the amounts added

under subsection (a) to the apportionment of the State for the

surface transportation program and of amounts transferred under

subsections (b) and (c) to such apportionment:

"(1) Subsection (d)(1).

"(2) Subsection (d)(2).

"(3) Subsection (d)(3).

"(e) Authorization of Appropriations. - There are authorized to

be appropriated, out of the Highway Trust Fund (other than the Mass

Transit Account), to carry out this section such sums as may be

necessary for each of fiscal years 1992 through 1997."

ALLOCATION FORMULA STUDY

Section 1098 of Pub. L. 102-240, as amended by Pub. L. 104-59,

title III, Sec. 325(g), Nov. 28, 1995, 109 Stat. 592, directed

General Accounting Office in conjunction with Bureau of

Transportation Statistics to conduct thorough study and recommend

to Congress within 2 years after Dec. 18, 1991, a fair and

equitable apportionment formula for allocation of Federal-aid

highway funds that best directs highway funds to places of greatest

need for highway maintenance and enhancement based on extent of

these highway systems, their present use, and increases in their

use, with results of study to be presented to Congress on or before

Jan. 1, 1994, and to be considered by Congress in the 1996

reauthorization of surface transportation program.

STUDY ON IMPACT OF CLIMATIC CONDITIONS

Pub. L. 102-240, title I, Secs. 1101-1102, Dec. 18, 1991, 105

Stat. 2027, directed Secretary of Transportation to conduct a study

of effects of climatic conditions on costs of highway construction

and maintenance and to transmit to Congress, not later than Sept.

30, 1993, a report on the results of the study, prior to repeal by

Pub. L. 105-362, title XV, Sec. 1501(d), Nov. 10, 1998, 112 Stat.

3294.

WITHHOLDING OF FIVE PER CENTUM OF FUNDS FOR STATES FAILING TO MEET

REQUIREMENTS

Section 333 [part] of Pub. L. 101-516, which for each fiscal year

directed Secretary of Transportation to withhold five per centum of

the amount required to be apportioned to any State under each of

paragraphs (1), (2), (5), and (6) of section 104(b) of this title

on the first day of each fiscal year which begins after the second

full calendar year following Nov. 5, 1990, if State does not meet

the requirements of paragraph (3) on such date, was repealed by

Pub. L. 102-143, title III, Sec. 333(c), Oct. 28, 1991, 105 Stat.

947.

REDUCTION IN AMOUNT STATES FAILING TO AUTHORIZE TAX-BASED SOURCES

OF REVENUE MAY OBLIGATE

Section 341 of Pub. L. 101-516, as amended by Pub. L. 102-240,

title III, Sec. 3003(b), Dec. 18, 1991, 105 Stat. 2088, provided

that:

"(a) Notwithstanding any other provision of law, for the period

January 1, 1992, through December 31, 1992, the Secretary of

Transportation shall reduce the aggregate amount which a State may

obligate for Federal-aid highways and highway safety construction

programs by 25 percent if such State has a public authority which

provides mass transportation for an urbanized area of such State

with a population of 3,000,000 or more as determined under the 1980

decennial census of the United States, and if by October 1, 1991 -

"(1) laws of such State do not authorize a general tax-based

source of revenues to take effect on or before January 1, 1992,

dedicated to paying the non-Federal share of projects for mass

transportation eligible for assistance under the Federal Transit

Act [now 49 U.S.C. 5301 et seq.]; or

"(2) the laws of such State do not authorize the establishment

of regional or local tax-based sources of revenues dedicated to

pay such non-Federal share or for paying operating expenses of

mass transit service so as to satisfy financial capacity

standards as may be required by the Secretary of Transportation.

"(b) For purposes of this section, the terms 'mass

transportation', 'State', and 'urbanized areas' have the meaning

such terms have under section 12 of the Federal Transit Act [now 49

U.S.C. 5302].

"(c) Any withholding defined under this section shall be waived

if the Governor of the State -

"(1) submits to the Secretary by October 1, 1991, a written

certification stating that he is opposed to the enactment in his

State of a law described in subsections (a)(1) and (2) and that

funding as described in subsections (a)(1) and (2) would not

improve public transportation safety; and

"(2) submits to the Secretary a written certification that the

legislature (including both Houses where applicable) has adopted

a resolution by a simple majority expressing its opposition to a

law described in subsections (a)(1) and (2).

"(d) This section shall remain in effect until December 31,

1992."

Pub. L. 102-27, title IV, Sec. 404(b), Apr. 10, 1991, 105 Stat.

155, provided that: "The Secretary of Transportation shall restore

any reductions in obligation authority made under section 329 [of

Pub. L. 101-516, formerly set out below] prior to its repeal."

Similar provisions were contained in Pub. L. 101-516, title III,

Sec. 329, Nov. 5, 1990, 104 Stat. 2183, which was repealed by Pub.

L. 102-27, title IV, Sec. 404(a), Apr. 10, 1991, 105 Stat. 155.

IMPLEMENTATION OF CERTAIN PRESIDENTIAL ORDERS REQUIRING PERCENTAGE

REDUCTION FOR FEDERAL-AID HIGHWAY, MASS TRANSIT, AND HIGHWAY SAFETY

PROGRAMS

Section 136 of Pub. L. 100-17 provided that: "In implementing any

order issued by the President which provides for or requires a

percentage reduction in new budget authority, unobligated balances,

obligated balances, new loan guarantee commitments, new direct loan

obligations, spending authority, or obligation limitations for the

Federal-aid highway, mass transit and highway safety programs and

with respect to which the budget account activity as identified in

the program and financing schedule contained in the Appendix to the

Budget of the United States Government for such programs includes

more than one specific highway, mass transit, or highway safety

program or project for which budget authority is provided by this

Act or an amendment made by this Act [see Short Title of 1987

Amendment note set out under section 101 of this title], the

Secretary shall apply the percentage reduction equally to each such

specific program or project."

FEDERAL-AID PRIMARY FORMULA FOR AMOUNTS AUTHORIZED FOR FISCAL YEARS

1983 THROUGH 1991

Pub. L. 97-424, title I, Sec. 108(a)-(e), Jan. 6, 1983, 96 Stat.

2103, as amended by Pub. L. 100-17, title I, Secs. 107, 133(a)(1),

Apr. 2, 1987, 101 Stat. 146, 170, provided that:

"(a) Notwithstanding section 104(b)(1) of title 23, United States

Code, and any other provision of law, amounts authorized for fiscal

years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, and 1991 for

the Federal-aid primary system (including extensions in urban areas

and priority primary routes) shall be apportioned in accordance

with this section. The Secretary of Transportation shall determine

for each State the higher of (1) the amount which would be

apportioned to such State under section 104(b)(1) of title 23,

United States Code, and (2) the amount which would be apportioned

to such State under the following formula:

"One-half in the ratio which the population of rural areas of

each State bears to the total population of rural areas of all

the States as shown by the latest available Federal census and

one-half in the ratio which the population in urban areas in each

State bears to the total population in urban areas in all the

States as shown by the latest Federal census.

"(b) The Secretary of Transportation shall, for each of the

fiscal years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, and

1991, determine the total of the amounts determined for each State

under subsection (a) and shall determine the ratio which the total

amount authorized for such fiscal year for the Federal-aid primary

system bears to the total of such amounts determined under

subsection (a) for such fiscal year.

"(c) The amount which shall be apportioned to each State for the

Federal-aid primary system (including extensions in urban areas and

priority primary routes) for each of the fiscal years 1983, 1984,

1985, 1986, 1987, 1988, 1989, 1990, and 1991 shall be the amount

determined for such State under subsection (a), multiplied by the

ratio determined under subsection (b).

"(d) Notwithstanding any other provision of law, no State shall

receive an apportionment under this section for any fiscal year

which is less than the lower of (1) the amount which the State

would be apportioned for such fiscal year under section 104(b)(1)

of title 23, United States Code, and (2) the amount which would be

determined under the formula set forth in subsection (a).

Notwithstanding any other provision of law, no State shall receive

for any such fiscal year less than one-half of 1 per centum of the

total apportionment under this section for such fiscal year. For

purposes of this paragraph and subsection (b) of section 103 of

title 23, United States Code, the Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Mariana Islands shall

be considered together as one State. The State consisting of the

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

Mariana Islands shall not receive less than one-half of 1 per

centum of each year's apportionment. There are authorized to be

appropriated such sums as may be necessary out of the Highway Trust

Fund to carry out this subsection. Funds authorized by this

subsection 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.

"(e) Amounts apportioned under this section shall be deemed to be

amounts apportioned under section 104(b)(1) of title 23, United

States Code, for purposes of such title and all other provisions of

law. Terms used in this section shall have the same meaning such

terms have in chapter 1 of title 23, United States Code."

MATCHING FUND WAIVER FOR PERIOD JANUARY 6, 1983, THROUGH SEPTEMBER

30, 1984

Pub. L. 97-424, title I, Sec. 145, Jan. 6, 1983, 96 Stat. 2130,

provided that:

"(a) Notwithstanding any other provision of law, the Federal

share of any qualifying project approved by the Secretary of

Transportation under section 106(a) [section 106(a) of this title],

and of any qualifying project for which the United States becomes

obligated to pay under section 117, of title 23, United States

Code, during the period beginning on the date of enactment of this

Act [Jan. 6, 1983] and ending September 30, 1984, shall be such

percentage of the construction cost as the State highway department

requests, up to and including 100 per centum.

"(b) For purposes of this section, the term 'qualifying project'

means a project approved by the Secretary of Transportation under

section 106(a) of title 23, United States Code, or a project for

which the United States becomes obligated to pay under section 117

of title 23, United States Code, for which the Governor of the

State submitting the project has certified, in accordance with

regulations established by the Secretary of Transportation, that

sufficient funds are not available to pay the cost of the

non-Federal share of the project.

"(c) The total amount which may be obligated for qualifying

projects in any State under subsection (a) shall not be greater

than the excess of -

"(1) the sum of the amount of obligation authority distributed

to such State for fiscal year 1983 under section 104(b) of this

Act [set out above], plus the amount, if any, available to such

State under section 150 of this Act [enacting section 157 of this

title], pertaining to minimum allocation, over

"(2) the amount of obligation authority distributed to such

State for fiscal year 1982 under section 3(b) of the Federal-Aid

Highway Act of 1981 [set out below].

"(d) The total amount of such increases in the Federal share as

are made pursuant to subsection (a) for any State shall be repaid

to the United States by such State on or before September 30, 1984.

Such payments shall be deposited in the Highway Trust Fund and such

repaid amounts shall be credited to the appropriate apportionment

accounts of such State.

"(e) If a State has not made the repayment as required by

subsection (d) of this section, the Secretary shall deduct from

funds apportioned to such State under section 104(b) of title 23,

United States Code, except for paragraph (5)(A), in each of the

fiscal years ending September 30, 1985, and September 30, 1986, a

pro rata share of each category of such apportioned funds, the

total amount of which shall be equal to 50 per centum of the amount

needed for repayment. Any amount deducted under this subsection

shall be reapportioned for the fiscal years 1985 and 1986 in

accordance with section 104(b)(1) of title 23, United States Code,

to those States which have not received a higher Federal share

under this section and to those States which have made the

repayment required by subsection (d)."

FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION PROGRAMS;

MAXIMUM LIMITS ON TOTAL OBLIGATIONS; EXCEPTIONS; STATE ALLOCATIONS

Pub. L. 105-178, title I, Sec. 1102, June 9, 1998, 112 Stat. 115,

as amended by Pub. L. 105-206, title IX, Sec. 9002(b), July 22,

1998, 112 Stat. 834; Pub. L. 106-159, title I, Sec. 103(b)(2), Dec.

9, 1999, 113 Stat. 1753, provided that:

"(a) General Limitation. - Notwithstanding any other provision of

law but subject to subsections (g) and (h), the obligations for

Federal-aid highway and highway safety construction programs shall

not exceed -

"(1) $21,500,000,000 for fiscal year 1998;

"(2) $25,511,000,000 for fiscal year 1999;

"(3) $26,245,000,000 for fiscal year 2000;

"(4) $26,761,000,000 for fiscal year 2001;

"(5) $27,355,000,000 for fiscal year 2002; and

"(6) $27,811,000,000 for fiscal year 2003.

"(b) Exceptions. - The limitations under subsection (a) shall not

apply to obligations -

"(1) under section 125 of title 23, United States Code;

"(2) under section 147 of the Surface Transportation Assistance

Act of 1978 [Pub. L. 95-599, set out as a note under section 144

of this title];

"(3) under section 9 of the Federal-Aid Highway Act of 1981

[Pub. L. 97-134, 95 Stat. 1701];

"(4) under sections 131(b) and 131(j) of the Surface

Transportation Assistance Act of 1982 [Pub. L. 97-424, 96 Stat.

2119, 2123];

"(5) under sections 149(b) and 149(c) of the Surface

Transportation and Uniform Relocation Assistance Act of 1987

[Pub. L. 100-17, 101 Stat. 198, 200];

"(6) under sections 1103 through 1108 of the Intermodal Surface

Transportation Efficiency Act of 1991 [Pub. L. 102-240, see

Tables for classification];

"(7) under section 157 of title 23, United States Code, as in

effect on the day before the date of enactment of this Act [June

9, 1998]; and

"(8) under section 105 of title 23, United States Code (but,

for each of fiscal years 1998 through 2007), only in an amount

equal to $639,000,000 per fiscal year.

"(c) Distribution of Obligation Authority. - For each of fiscal

years 1998 through 2003, the Secretary shall -

"(1) not distribute obligation authority provided by subsection

(a) for such fiscal year for amounts authorized for

administrative expenses and programs funded from the

administrative takedown authorized by section 104(a) of title 23,

United States Code, and amounts authorized for the highway use

tax evasion program and the Bureau of Transportation Statistics;

"(2) not distribute an amount of obligation authority provided

by subsection (a) that is equal to the unobligated balance of

amounts made available from the Highway Trust Fund (other than

the Mass Transit Account) for Federal-aid highway and highway

safety programs for previous fiscal years the funds for which are

allocated by the Secretary;

"(3) determine the ratio that -

"(A) the obligation authority provided by subsection (a) for

such fiscal year less the aggregate of amounts not distributed

under paragraphs (1) and (2), bears to

"(B) the total of the sums authorized to be appropriated for

Federal-aid highway and highway safety construction programs

(other than sums authorized to be appropriated for sections set

forth in paragraphs (1) through (7) of subsection (b) and sums

authorized to be appropriated for section 105 of title 23,

United States Code, equal to the amount referred to in

subsection (b)(8)) for such fiscal year less the aggregate of

the amounts not distributed under paragraph (1) of this

subsection;

"(4) distribute the obligation authority provided by subsection

(a) less the aggregate amounts not distributed under paragraphs

(1) and (2) for section 117 of title 23, United States Code

(relating to high priority projects program), section 201 of the

Appalachian Regional Development Act of 1965 [now 40 U.S.C.

14501], the Woodrow Wilson Memorial Bridge Authority Act of 1995

[Pub. L. 104-59, title IV, Nov. 28, 1995, 109 Stat. 627], and

$2,000,000,000 for such fiscal year under section 105 of such

title (relating to minimum guarantee) so that amount of

obligation authority available for each of such sections is equal

to the amount determined by multiplying the ratio determined

under paragraph (3) by the sums authorized to be appropriated for

such section (except in the case of section 105, $2,000,000,000)

for such fiscal year;

"(5) distribute the obligation authority provided by subsection

(a) less the aggregate amounts not distributed under paragraphs

(1) and (2) and amounts distributed under paragraph (4) for each

of the programs that are allocated by the Secretary under this

Act [see Tables for classification] and title 23, United States

Code (other than activities to which paragraph (1) applies and

programs to which paragraph (4) applies) by multiplying the ratio

determined under paragraph (3) by the sums authorized to be

appropriated for such program for such fiscal year; and

"(6) distribute the obligation authority provided by subsection

(a) less the aggregate amounts not distributed under paragraphs

(1) and (2) and amounts distributed under paragraphs (4) and (5)

for Federal-aid highway and highway safety construction programs

(other than the minimum guarantee program, but only to the extent

that amounts apportioned for the minimum guarantee program for

such fiscal year exceed $2,639,000,000, and the Appalachian

development highway system program) that are apportioned by the

Secretary under this Act and title 23, United States Code, in the

ratio that -

"(A) sums authorized to be appropriated for such programs

that are apportioned to each State for such fiscal year, bear

to

"(B) the total of the sums authorized to be appropriated for

such programs that are apportioned to all States for such

fiscal year.

"(d) Redistribution of Unused Obligation Authority. -

Notwithstanding subsection (c), the Secretary shall after August 1

of each of fiscal years 1998 through 2003 revise a distribution of

the obligation authority made available under subsection (c) if a

State will not obligate the amount distributed during that fiscal

year and redistribute sufficient amounts to those States able to

obligate amounts in addition to those previously distributed during

that fiscal year giving priority to those States having large

unobligated balances of funds apportioned under sections 104 and

144 of title 23, United States Code, under section 160 of title 23,

United States Code (as in effect on the day before the date of

enactment of this Act [June 9, 1998]), and under section 1015 of

the Intermodal Surface Transportation Act of 1991 (105 Stat.

1943-1945) [Pub. L. 102-240 set out as a note above].

"(e) Applicability of Obligation Limitations to Transportation

Research Programs. - Obligation limitations imposed by subsection

(a) shall apply to transportation research programs carried out

under chapter 5 of title 23, United States Code, and under title V

of this Act [see Tables for classification]; except that obligation

authority made available for such programs under such limitations

shall remain available for a period of 3 fiscal years.

"(f) Redistribution of Certain Authorized Funds. - Not later than

30 days after the date of the distribution of obligation authority

under subsection (c) for each of fiscal years 1998 through 2003,

the Secretary shall distribute to the States any funds (1) that are

authorized to be appropriated for such fiscal year for Federal-aid

highway programs and for carrying out subchapter I of chapter 311

of title 49, United States Code, and chapter 4 of title 23, United

States Code, and (2) that the Secretary determines will not be

allocated to the States, and will not be available for obligation,

in such fiscal year due to the imposition of any obligation

limitation for such fiscal year. Such distribution to the States

shall be made in the same ratio as the distribution of obligation

authority under subsection (c)(6). The funds so distributed shall

be available for any purposes described in section 133(b) of title

23, United States Code.

"(g) Special Rule. - Obligation authority distributed for a

fiscal year under subsection (c)(4) for a section set forth in

subsection (c)(4) shall remain available until used for obligation

of funds for such section and shall be in addition to the amount of

any limitation imposed on obligations for Federal-aid highway and

highway safety construction programs for future fiscal years.

"(h) Increase in Obligation Limit. - Limitations on obligations

imposed by subsection (a) for a fiscal year shall be increased by

an amount equal to the amount determined pursuant to section

251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency

Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)

[901(b)(1)(B)(ii)(I)(cc)]) for such fiscal year. Any such increase

shall be distributed in accordance with this section.

"(i) Limitations on Obligations for Administrative Expenses. -

Notwithstanding any other provision of law, the total amount of all

obligations under section 104(a) of title 23, United States Code,

shall not exceed -

"(1) $320,000,000 for fiscal year 1998;

"(2) $350,000,000 for fiscal year 1999;

"(3) $370,000,000 for fiscal year 2000;

"(4) $390,000,000 for fiscal year 2001;

"(5) $410,000,000 for fiscal year 2002; and

"(6) $430,000,000 for fiscal year 2003.

"(j) Reduction in Obligation Ceiling. - The limitation on

obligations imposed by subsection (a) for each of fiscal years 2001

through 2003 shall be reduced by $65,000,000."

Pub. L. 107-87, title I, Dec. 18, 2001, 115 Stat. 841, provided

in part that: "None of the funds in this Act [see Tables for

classification] shall be available for the implementation or

execution of programs, the obligations for which are in excess of

$31,799,104,000 for Federal-aid highways and highway safety

construction programs for fiscal year 2002."

Pub. L. 107-87, title III, Sec. 310, Dec. 18, 2001, 115 Stat.

855, provided that:

"(a) For fiscal year 2002, the Secretary of Transportation shall

-

"(1) not distribute from the obligation limitation for

Federal-aid Highways amounts authorized for administrative

expenses and programs funded from the administrative takedown

authorized by section 104(a)(1)(A) of title 23, United States

Code, for the highway use tax evasion program, amounts provided

under section 110 of title 23, United States Code, and for the

Bureau of Transportation Statistics;

"(2) not distribute an amount from the obligation limitation

for Federal-aid Highways that is equal to the unobligated balance

of amounts made available from the Highway Trust Fund (other than

the Mass Transit Account) for Federal-aid highways and highway

safety programs for the previous fiscal year the funds for which

are allocated by the Secretary;

"(3) determine the ratio that -

"(A) the obligation limitation for Federal-aid Highways less

the aggregate of amounts not distributed under paragraphs (1)

and (2), bears to

"(B) the total of the sums authorized to be appropriated for

Federal-aid highways and highway safety construction programs

(other than sums authorized to be appropriated for sections set

forth in paragraphs (1) through (7) of subsection (b) and sums

authorized to be appropriated for section 105 of title 23,

United States Code, equal to the amount referred to in

subsection (b)(8)) for such fiscal year less the aggregate of

the amounts not distributed under paragraph (1) of this

subsection;

"(4) distribute the obligation limitation for Federal-aid

Highways less the aggregate amounts not distributed under

paragraphs (1) and (2) of section 117 of title 23, United States

Code (relating to high priority projects program), section 201 of

the Appalachian Regional Development Act of 1965 [now 40 U.S.C.

14501], the Woodrow Wilson Memorial Bridge Authority Act of 1995

[Pub. L. 104-59, title IV, Nov. 28, 1995, 109 Stat. 627], and

$2,000,000,000 for such fiscal year under section 105 of title

23, United States Code (relating to minimum guarantee) so that

the amount of obligation authority available for each of such

sections is equal to the amount determined by multiplying the

ratio determined under paragraph (3) by the sums authorized to be

appropriated for such section (except in the case of section 105,

$2,000,000,000) for such fiscal year;

"(5) distribute the obligation limitation provided for

Federal-aid Highways less the aggregate amounts not distributed

under paragraphs (1) and (2) and amounts distributed under

paragraph (4) for each of the programs that are allocated by the

Secretary under title 23, United States Code (other than

activities to which paragraph (1) applies and programs to which

paragraph (4) applies) by multiplying the ratio determined under

paragraph (3) by the sums authorized to be appropriated for such

program for such fiscal year; and

"(6) distribute the obligation limitation provided for

Federal-aid Highways less the aggregate amounts not distributed

under paragraphs (1) and (2) and amounts distributed under

paragraphs (4) and (5) for Federal-aid highways and highway

safety construction programs (other than the minimum guarantee

program, but only to the extent that amounts apportioned for the

minimum guarantee program for such fiscal year exceed

$2,639,000,000, and the Appalachian development highway system

program) that are apportioned by the Secretary under title 23,

United States Code, in the ratio that -

"(A) sums authorized to be appropriated for such programs

that are apportioned to each State for such fiscal year, bear

to

"(B) the total of the sums authorized to be appropriated for

such programs that are apportioned to all States for such

fiscal year.

"(b) Exceptions From Obligation Limitation. - The obligation

limitation for Federal-aid Highways shall not apply to obligations:

(1) under section 125 of title 23, United States Code; (2) under

section 147 of the Surface Transportation Assistance Act of 1978

[Pub. L. 95-599, formerly set out as a note under section 144 of

this title]; (3) under section 9 of the Federal-Aid Highway Act of

1981 [Pub. L. 97-134, 95 Stat. 1701]; (4) under sections 131(b) and

131(j) of the Surface Transportation Assistance Act of 1982 [Pub.

L. 97-424, 96 Stat. 2119, 2123]; (5) under sections 149(b) and

149(c) of the Surface Transportation and Uniform Relocation

Assistance Act of 1987 [Pub. L. 100-17, 101 Stat. 198, 200]; (6)

under sections 1103 through 1108 of the Intermodal Surface

Transportation Efficiency Act of 1991 [Pub. L. 102-240, see Tables

for classification]; (7) under section 157 of title 23, United

States Code, as in effect on the day before the date of the

enactment of the Transportation Equity Act for the 21st Century

[June 9, 1998]; and (8) under section 105 of title 23, United

States Code (but, only in an amount equal to $639,000,000 for such

fiscal year).

"(c) Redistribution of Unused Obligation Authority. -

Notwithstanding subsection (a), the Secretary shall after August 1

for such fiscal year revise a distribution of the obligation

limitation made available under subsection (a) if a State will not

obligate the amount distributed during that fiscal year and

redistribute sufficient amounts to those States able to obligate

amounts in addition to those previously distributed during that

fiscal year giving priority to those States having large

unobligated balances of funds apportioned under sections 104 and

144 of title 23, United States Code, section 160 (as in effect on

the day before the enactment of the Transportation Equity Act for

the 21st Century [June 9, 1998]) of title 23, United States Code,

and under section 1015 of the Intermodal Surface Transportation

Efficiency Act of 1991 (105 Stat. 1943-1945) [Pub. L. 102-240, set

out above].

"(d) Applicability of Obligation Limitations to Transportation

Research Programs. - The obligation limitation shall apply to

transportation research programs carried out under chapter 5 of

title 23, United States Code, except that obligation authority made

available for such programs under such limitation shall remain

available for a period of 3 fiscal years.

"(e) Redistribution of Certain Authorized Funds. - Not later than

30 days after the date of the distribution of obligation limitation

under subsection (a), the Secretary shall distribute to the States

any funds: (1) that are authorized to be appropriated for such

fiscal year for Federal-aid highways programs (other than the

program under section 160 of title 23, United States Code) and for

carrying out subchapter I of chapter 311 of title 49, United States

Code, and highway-related programs under chapter 4 of title 23,

United States Code; and (2) that the Secretary determines will not

be allocated to the States, and will not be available for

obligation, in such fiscal year due to the imposition of any

obligation limitation for such fiscal year. Such distribution to

the States shall be made in the same ratio as the distribution of

obligation authority under subsection (a)(6). The funds so

distributed shall be available for any purposes described in

section 133(b) of title 23, United States Code.

"(f) Special Rule. - Obligation limitation distributed for a

fiscal year under subsection (a)(4) of this section for a section

set forth in subsection (a)(4) shall remain available until used

and shall be in addition to the amount of any limitation imposed on

obligations for Federal-aid highway and highway safety construction

programs for future fiscal years."

Similar provisions for prior fiscal years were contained in the

following acts:

Pub. L. 106-346, Sec. 101(a) [title I, title III, Sec. 310], Oct.

23, 2000, 114 Stat. 1356, 1356A-7, 1356A-24.

Pub. L. 106-69, title I, title III, Sec. 310, Oct. 9, 1999, 113

Stat. 994, 1016.

Pub. L. 105-277, div. A, Sec. 101(g) [title I, title III, Sec.

310], Oct. 21, 1998, 112 Stat. 2681-439, 2681-446, 2681-465.

Pub. L. 105-66, title I, title III, Sec. 310, Oct. 27, 1997, 111

Stat. 1431, 1442.

Pub. L. 104-205, title I, title III, Sec. 310, Sept. 30, 1996,

110 Stat. 2958, 2969.

Pub. L. 104-50, title I, title III, Sec. 310, Nov. 15, 1995, 109

Stat. 443, 454.

Pub. L. 103-331, title I, Sept. 30, 1994, 108 Stat. 2477; Pub. L.

104-19, title I, July 27, 1995, 109 Stat. 223.

Pub. L. 103-331, title III, Sec. 310, Sept. 30, 1994, 108 Stat.

2489, as amended by Pub. L. 104-59, title III, Sec. 338(c)(3), Nov.

28, 1995, 109 Stat. 605.

Pub. L. 103-122, title I, title III, Sec. 310, Oct. 27, 1993, 107

Stat. 1206, 1220, as amended by Pub. L. 103-211, title II, Feb. 12,

1994, 108 Stat. 20.

Pub. L. 102-388, title I, title III, Sec. 310, Oct. 6, 1992, 106

Stat. 1528, 1544.

Pub. L. 102-240, title I, Sec. 1002(a)-(g), Dec. 18, 1991, 105

Stat. 1916-1918.

Pub. L. 102-143, title I, title III, Sec. 310, Oct. 28, 1991, 105

Stat. 925, 940.

Pub. L. 101-516, title I, title III, Sec. 310, Nov. 5, 1990, 104

Stat. 2163, 2179.

Pub. L. 101-164, title I, title III, Sec. 310, Nov. 21, 1989, 103

Stat. 1077, 1092.

Pub. L. 100-457, title I, title III, Sec. 310, Sept. 30, 1988,

102 Stat. 2132, 2146.

Pub. L. 100-202, Sec. 101(l) [title I, title III, Sec. 310], Dec.

22, 1987, 101 Stat. 1329-358, 1329-365, 1329-378.

Pub. L. 100-17, title I, Sec. 105(a)-(g), Apr. 2, 1987, 101 Stat.

142-144.

Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title I, title III, Sec.

313(a)-(d)], Oct. 18, 1986, 100 Stat. 1783-308, and Pub. L. 99-591,

Sec. 101(l) [H.R. 5205, title I, title III, Sec. 313(a)-(d)], Oct.

30, 1986, 100 Stat. 3341-308.

Pub. L. 99-272, title IV, Sec. 4102(a)-(e), Apr. 7, 1986, 100

Stat. 112, 113.

Pub. L. 99-190, Sec. 101(e) [title I, title III, Sec. 313], Dec.

19, 1985, 99 Stat. 1267, 1275, 1285.

Pub. L. 98-473, title I, Sec. 101(i) [title I, title III, Sec.

315], Oct. 12, 1984, 98 Stat. 1944, 1951, 1962.

Pub. L. 98-78, title I, title III, Sec. 322, Aug. 15, 1983, 97

Stat. 460, 474.

Pub. L. 98-8, title I, Mar. 24, 1983, 97 Stat. 14.

Pub. L. 97-424, title I, Sec. 104(a)-(d), Jan. 6, 1983, 96 Stat.

2098.

Pub. L. 97-134, Sec. 3, Dec. 29, 1981, 95 Stat. 1699, as amended

by Pub. L. 97-216, title I, July 19, 1982, 96 Stat. 187.

Pub. L. 97-35, title XI, Sec. 1106, Aug. 13, 1981, 95 Stat. 624,

as amended by Pub. L. 97-424, title I, Sec. 104(e), Jan. 6, 1983,

96 Stat. 2099.

APPORTIONMENT FACTORS FOR EXPENDITURES ON SYSTEM OF INTERSTATE AND

DEFENSE HIGHWAYS

Provisions requiring the Secretary of Transportation to apportion

for specific fiscal years sums authorized to be appropriated for

such fiscal years by section 108(b) of the Federal-Aid Highway Act

of 1956, set out as a note under section 101 of this title, for

expenditures on the National System of Interstate and Defense

Highways [now Dwight D. Eisenhower System of Interstate and Defense

Highways] using the apportionment factors contained in certain

tables in particular committee prints of the Committee on Public

Works and Transportation of the House of Representatives were

contained in the following acts:

Pub. L. 102-240, title I, Sec. 1001(b), Dec. 18, 1991, 105 Stat.

1915.

Pub. L. 100-17, title I, Sec. 102(a), Apr. 2, 1987, 101 Stat.

135.

Pub. L. 99-104, Sec. 1, Sept. 30, 1985, 99 Stat. 474.

Pub. L. 99-4, Sec. 1, Mar. 13, 1985, 99 Stat. 6.

Pub. L. 98-229, Sec. 1, Mar. 9, 1984, 98 Stat. 55.

Pub. L. 97-327, Sec. 3, Oct. 15, 1982, 96 Stat. 1611.

Pub. L. 97-134, Sec. 2, Dec. 29, 1981, 95 Stat. 1699.

Pub. L. 96-144, Sec. 1, Dec. 13, 1979, 93 Stat. 1084.

Pub. L. 95-599, title I, Sec. 103, Nov. 6, 1978, 92 Stat. 2689.

Pub. L. 94-280, title I, Sec. 103, May 5, 1976, 90 Stat. 426.

Pub. L. 93-87, title I, Sec. 103, Aug. 13, 1973, 87 Stat. 250.

Pub. L. 91-605, title I, Sec. 103, Dec. 31, 1970, 84 Stat. 1714.

Pub. L. 90-495, Sec. 3, Aug. 23, 1968, 82 Stat. 815.

Pub. L. 89-574, Sec. 3, Sept. 13, 1966, 80 Stat. 766.

Pub. L. 89-139, Sec. 2, Aug. 28, 1965, 79 Stat. 578.

MINIMUM APPORTIONMENT TO EACH STATE; EXPENDITURE OF EXCESS AMOUNTS

Provisions entitling each State, for specific fiscal years, to

receive at least one-half of 1 per centum of the total

apportionment for the Interstate System under section 104(b)(5)(A)

of this title, and authorizing States to expend amounts available

under these provisions which are in excess of the estimated cost of

completing and of necessary resurfacing, restoring, rehabilitating,

and reconstruction of the State's portion of the Interstate System

for the purposes for which funds apportioned under section

104(b)(1), (2), and (6) of this title may be expended or for

carrying out section 152 of this title were contained in the

following acts:

Pub. L. 100-17, title I, Sec. 102(c), Apr. 2, 1987, 101 Stat.

135, as amended by Pub. L. 102-240, title I, Sec. 1001(h), Dec. 18,

1991, 105 Stat. 1916.

Pub. L. 97-424, title I, Sec. 103(a), Jan. 6, 1983, 96 Stat.

2097.

Pub. L. 97-327, Sec. 4(b), Oct. 15, 1982, 96 Stat. 1612; repealed

Pub. L. 97-424, title I, Sec. 103(b), Jan. 6, 1983, 96 Stat. 2098.

Pub. L. 95-599, title I, Sec. 104(b)(1), Nov. 6, 1978, 92 Stat.

2691.

Pub. L. 94-280, title I, Sec. 105(b)(1), May 5, 1976, 90 Stat.

428.

Pub. L. 93-87, title I, Sec. 104(b), Aug. 13, 1973, 87 Stat. 252.

Pub. L. 91-605, title I, Sec. 105(b), Dec. 31, 1970, 84 Stat.

1716.

PUBLIC BOAT LAUNCHING AREAS; ACCESS RAMPS

Section 147 of Pub. L. 94-280 provided that: "Funds apportioned

to States under subsections (b)(1), (b)(2), and (b)(6) of section

104 of title 23, United States Code, may be used upon the

application of the State and the approval of the Secretary of

Transportation for construction of access ramps from bridges under

construction or which are being reconstructed, replaced, repaired,

or otherwise altered on the Federal-aid primary, secondary, or

urban system to public boat launching areas adjacent to such

bridges. Approval of the Secretary shall be in accordance with

guidelines developed jointly by the Secretary of Transportation and

the Secretary of the Interior."

USE OF FEDERAL FUNDS DURING PERIOD BEGINNING FEBRUARY 12, 1975, AND

ENDING SEPTEMBER 30, 1975

Pub. L. 94-30, Sec. 3, June 4, 1975, 89 Stat. 171, sanctioned the

use of any money apportioned under section 104(b) of this title for

any Federal-aid highway system in a State for any project in that

State on any Federal-aid highway system, such amount to be deducted

from the apportionment made after June 4, 1975 and repaid and

credited to the last apportionment made for which the money was

originally apportioned.

MINIMUM APPORTIONMENT FOR PRIMARY SYSTEM; ADDITIONAL APPROPRIATIONS

FOR FISCAL YEARS ENDING JUNE 30, 1974, 1975, AND 1976

Section 111(b) of Pub. L. 93-87 provided that: "Notwithstanding

the amendments made by subsection (a) of this section [to subsecs.

(b)(1), (2), (6), (c) and (d) of this section] no State (other than

the District of Columbia) shall receive an apportionment for the

primary system which is less than the apportionment which such

State received for such system for the fiscal year ending June 30,

1973. In order to carry out this subsection, there is authorized to

be appropriated out of the Highway Trust Fund for the Federal-aid

primary system, an additional $17,000,000 for the fiscal year

ending June 30, 1974, and $15,000,000 per fiscal year for the

fiscal years ending June 30, 1975, and June 30, 1976."

SECTION 102(A) OF THE FEDERAL-AID HIGHWAY ACT OF 1956

Act June 29, 1956, ch. 462, title I, Sec. 102(a), 70 Stat. 374,

authorized, for the purpose of carrying out the provisions of the

Federal-Aid Road Act approved July 11, 1916, additional

appropriations of $125,000,000 for the fiscal year ending June 30,

1957, $850,000,000 for the fiscal year ending June 30, 1958, and

$875,000,000 for the fiscal year ending June 30, 1959, and provided

for the percentage allocation of these funds for primary, secondary

and urban systems and the manner of apportionment among the States.

APPROVAL OF ESTIMATE OF COST OF COMPLETING THE INTERSTATE SYSTEM AS

BASIS FOR APPORTIONMENT OF FUNDS FOR FISCAL YEARS 1963 TO 1966

Pub. L. 87-61, title I, Sec. 102, June 29, 1961, 75 Stat. 122,

approved the estimate of cost of completing the Interstate System

in each State, transmitted to the Congress on Jan. 11, 1961, as the

basis for making the apportionment of funds authorized for the

fiscal years ending June 30, 1963, 1964, 1965, and 1966.

APPROVAL OF ESTIMATE OF COST OF COMPLETING THE INTERSTATE SYSTEM AS

BASIS FOR APPORTIONMENT OF FUNDS FOR FISCAL YEARS 1960-1962

Pub. L. 85-381, Sec. 8, Apr. 16, 1958, 72 Stat. 94, as amended by

Pub. L. 85-899, Sec. 1, Sept. 2, 1958, 72 Stat. 1725; Pub. L.

86-342, title I, Sec. 103, Sept. 21, 1959, 73 Stat. 611, approved

the estimate of cost of completing the Interstate System in each

State, transmitted to the Congress on Jan. 7, 1958, as the basis

for making the apportionment of funds authorized for the fiscal

years ending June 30, 1960, 1961, and 1962.

APPORTIONMENTS FOR SUBSEQUENT YEARS BASED ON REVISED ESTIMATES OF

COST

Act June 29, 1956, ch. 462, title I, Sec. 108(d), 70 Stat. 379,

as amended by act Sept. 2, 1958, Pub. L. 85-899, Sec. 2, 72 Stat.

1725, provided that the sums authorized for the fiscal years 1960

through 1969 be apportioned among the several States in the ratio

which the estimated cost of completing the Interstate System had to

the sum of the estimated cost of completing the Interstate System

in all of the States, and required the Secretary of Commerce, in

cooperation with State highway departments, to make detailed

revised estimates of the cost of completion of the system and to

supply Congress with such revised estimate.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 105, 115, 117, 118,

119, 120, 126, 127, 130, 131, 133, 134, 136, 137, 140, 141, 142,

143, 146, 149, 151, 152, 153, 154, 157, 158, 159, 160, 161, 164,

204, 217, 303, 309, 311, 504, 505 of this title; title 49 sections

5504, 31314.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 105 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 105. Minimum guarantee

-STATUTE-

(a) General Rule. - For each of fiscal years 1998 through 2003,

the Secretary shall allocate among the States amounts sufficient to

ensure that each State's percentage of the total apportionments for

such fiscal year of Interstate maintenance, national highway

system, bridge, congestion mitigation and air quality improvement,

surface transportation, metropolitan planning, minimum guarantee,

high priority projects, Appalachian development highway system, and

recreational trails programs shall equal the percentage listed for

each State in subsection (b). The minimum amount allocated to a

State under this section for a fiscal year shall be $1,000,000.

(b) State Percentages. - The percentage for each State referred

to in subsection (a) shall be determined in accordance with the

following table:

States: rcentage

--------------------------------------------------------------------

Alabama 2.0269

Alaska 1.1915

Arizona 1.5581

Arkansas 1.3214

California 9.1962

Colorado 1.1673

Connecticut 1.5186

Delaware 0.4424

District of Columbia 0.3956

Florida 4.6176

Georgia 3.5104

Hawaii 0.5177

Idaho 0.7718

Illinois 3.3819

Indiana 2.3588

Iowa 1.2020

Kansas 1.1717

Kentucky 1.7365

Louisiana 1.5900

Maine 0.5263

Maryland 1.5087

Massachusetts 1.8638

Michigan 3.1535

Minnesota 1.4993

Mississippi 1.2186

Missouri 2.3615

Montana 0.9929

Nebraska 0.7768

Nevada 0.7248

New Hampshire 0.5163

New Jersey 2.5816

New Mexico 0.9884

New York 5.1628

North Carolina 2.8298

North Dakota 0.6553

Ohio 3.4257

Oklahoma 1.5419

Oregon 1.2183

Pennsylvania 4.9887

Rhode Island 0.5958

South Carolina 1.5910

South Dakota 0.7149

Tennessee 2.2646

Texas 7.2131

Utah 0.7831

Vermont 0.4573

Virginia 2.5627

Washington 1.7875

West Virginia 1.1319

Wisconsin 1.9916

Wyoming 0.6951

--------------------------------------------------------------------

(c) Treatment of Funds. -

(1) Programmatic distribution. - The Secretary shall apportion

the amounts made available under this section that exceed

$2,800,000,000 so that the amount apportioned to each State under

this paragraph for each program referred to in subsection (a)

(other than metropolitan planning, minimum guarantee, high

priority projects, Appalachian development highway system, and

recreational trails programs) is equal to the amount determined

by multiplying the amount to be apportioned under this paragraph

by the ratio that -

(A) the amount of funds apportioned to each State for each

program referred to in subsection (a) (other than metropolitan

planning, minimum guarantee, high priority projects,

Appalachian development highway system, and recreational trails

programs) for a fiscal year; bears to

(B) the total amount of funds apportioned to each State for

such program for such fiscal year.

(2) Remaining distribution. - The Secretary shall administer

the remainder of funds made available under this section to the

States in accordance with section 104(b)(3); except that

requirements of paragraphs (1), (2), and (3) of section 133(d)

shall not apply to amounts administered pursuant to this

paragraph.

(d) Authorization. - There are authorized to be appropriated out

of the Highway Trust Fund (other than the Mass Transit Account)

such sums as may be necessary to carry out this section for each of

fiscal years 1998 through 2003.

(e) Special Rule. - If in any of fiscal years 1999 through 2003,

the amount authorized under subsection (d) is more than 30 percent

higher than the amount authorized under subsection (d) in fiscal

year 1998, the Secretary shall use the apportionment factors under

sections 104 and 144 as in effect on the date of enactment of this

section.

(f) Guarantee of 90.5 Return. -

(1) In general. - Before making any apportionment under this

title for each of fiscal years 1999 through 2003, the Secretary,

subject to paragraph (2), shall adjust the percentages in the

table in subsection (b) to reflect the estimated percentage of

estimated tax payments attributable to highway users in each

State paid into the Highway Trust Fund (other than the Mass

Transit Account) in the latest fiscal year for which data is

available, to ensure that no State's percentage return from such

Trust Fund is less than 90.5 percent.

(2) Eligibility threshold for initial adjustment. - The

Secretary may make an adjustment under paragraph (1) for a State

for a fiscal year only if the State's percentage return from the

Highway Trust Fund (other than the Mass Transit Account) in the

table in subsection (b) was equal to 90.5 percent.

(3) Conforming adjustments. - After making any adjustments

under paragraph (1) for a fiscal year, the Secretary shall

proportionately adjust the remaining percentages in the table in

subsection (b) to ensure that the total of the percentages in the

table is equal to 100 percent for such fiscal year.

(4) Limitation on adjustments. - After making any adjustments

under paragraph (3) for a fiscal year, the Secretary shall

determine whether or not any State's percentage return from the

Highway Trust Fund (other than the Mass Transit Account) is less

than 90.5 percent as a result of such adjustments and shall

adjust the percentages in the table for such fiscal year

accordingly. Adjustments of the percentages in the table under

this paragraph may not result in the total of such percentages

exceeding 100 percent.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 891; Pub. L. 86-624, Sec.

17(b), July 12, 1960, 74 Stat. 415; Pub. L. 89-564, title II, Sec.

206, Sept. 9, 1966, 80 Stat. 736; Pub. L. 91-605, title I, Secs.

106(d), 132, Dec. 31, 1970, 84 Stat. 1717, 1732; Pub. L. 93-87,

title I, Sec. 109(b), Aug. 13, 1973, 87 Stat. 255; Pub. L. 95-599,

title I, Secs. 111, 112, Nov. 6, 1978, 92 Stat. 2696; Pub. L.

97-424, title I, Sec. 109(a), Jan. 6, 1983, 96 Stat. 2104; Pub. L.

102-240, title I, Sec. 1105(g)(7), Dec. 18, 1991, 105 Stat. 2036;

Pub. L. 105-178, title I, Sec. 1104(a), (c), June 9, 1998, 112

Stat. 127; Pub. L. 105-206, title IX, Sec. 9002(d), July 22, 1998,

112 Stat. 835.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this section, referred to in subsec.

(e), probably means the date of enactment of Pub. L. 105-178, which

amended this section generally and was approved June 9, 1998.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178 amended section catchline and text

generally, substituting provisions relating to minimum guarantee to

each State of funds apportioned under chapter for provisions

relating to programs to be submitted by State highway departments

for approval by Secretary for utilization of funds apportioned

under chapter.

Subsec. (a). Pub. L. 105-178, Sec. 1104(c)(1), as added by Pub.

L. 105-206, Sec. 9002(d), inserted at end "The minimum amount

allocated to a State under this section for a fiscal year shall be

$1,000,000."

Subsec. (c)(1). Pub. L. 105-178, Sec. 1104(c)(2), as added by

Pub. L. 105-206, Sec. 9002(d), struck out "50 percent of" after

"shall apportion" in introductory provisions.

Subsec. (c)(1)(A). Pub. L. 105-178, Sec. 1104(c)(3), as added by

Pub. L. 105-206, Sec. 9002(d), inserted "(other than metropolitan

planning, minimum guarantee, high priority projects, Appalachian

development highway system, and recreational trails programs)"

after "subsection (a)".

Subsec. (c)(1)(B). Pub. L. 105-178, Sec. 1104(c)(4), as added by

Pub. L. 105-206, Sec. 9002(d), substituted "each State" for "all

States".

Subsec. (c)(2). Pub. L. 105-178, Sec. 1104(c)(5), as added by

Pub. L. 105-206, Sec. 9002(d), substituted "administer" for

"apportion" and "administered" for "apportioned".

Subsec. (f)(1). Pub. L. 105-178, Sec. 1104(c)(6)(A), as added by

Pub. L. 105-206, Sec. 9002(d), inserted "percentage" before

"return".

Subsec. (f)(2). Pub. L. 105-178, Sec. 1104(c)(6)(A), (B), as

added by Pub. L. 105-206, Sec. 9002(d), inserted "percentage"

before "return" and substituted "in the table in subsection (b) was

equal to" for "for the preceding fiscal year was equal to or less

than".

Subsec. (f)(3). Pub. L. 105-178, Sec. 1104(c)(6)(C), as added by

Pub. L. 105-206, Sec. 9002(d), inserted "proportionately" before

"adjust", struck out "set forth" before "in subsection (b)", and

substituted "is equal to" for "do not exceed".

Subsec. (f)(4). Pub. L. 105-178, Sec. 1104(c)(6)(A), as added by

Pub. L. 105-206, Sec. 9002(d), inserted "percentage" before

"return".

1991 - Subsec. (k). Pub. L. 102-240 added subsec. (k).

1983 - Subsec. (h). Pub. L. 97-424 added subsec. (h).

1978 - Subsec. (b). Pub. L. 95-599, Sec. 111, inserted provision

relating to selection of program projects after consultation with

local officials in situations where public roads and highways are

under control and supervision of State highway departments.

Subsec. (g). Pub. L. 95-599, Sec. 112, substituted "public

airports, public ports for water transportation, new town

communities, and new town-intown communities," for "public airports

and public ports for water transportation,".

1973 - Subsec. (d). Pub. L. 93-87 substituted "projects be

selected by the appropriate local officials with the concurrence of

the State highway department of each State and, in urbanized areas,

also in accordance with the planning process required pursuant to

section 134 of this title", for "projects be selected by the

appropriate local officials and the State highway department in

cooperation with each other".

1970 - Subsecs. (d) to (f). Pub. L. 91-605, Sec. 106(d), added

subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and

(f), respectively.

Subsec. (g). Pub. L. 91-605, Sec. 132, added subsec. (g).

1966 - Subsec. (e). Pub. L. 89-564 added subsec. (e).

1960 - Subsec. (e). Pub. L. 86-624 repealed subsec. (e) which

required the Secretary, in approving programs in Hawaii, to give

preference to such projects as will expedite the completion of

highways for the national defense or which will connect seaports

with units of the national parks.

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.

ACCELERATION OF PROJECTS

Section 129 of Pub. L. 97-424 provided that: "The Secretary of

Transportation shall by rule or regulation establish, as soon as

practicable, alternative methods for processing projects under

title 23, United States Code, so as to reduce the time required

from the request for project approval through the completion of

construction. In carrying out this section the Secretary shall

utilize the knowledge and experience resulting from the

demonstration project authorized by and carried out under section

141 of the Federal-Aid Highway Act of 1976 [Pub. L. 94-280, title

I, Sec. 141, May 5, 1976, 90 Stat. 444, set out as a note under

section 124 of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 117, 131, 140, 150

of this title.

-End-

-CITE-

23 USC Sec. 106 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 106. Project approval and oversight

-STATUTE-

(a) In General. -

(1) Submission of plans, specifications, and estimates. -

Except as otherwise provided in this section, each State

transportation department shall submit to the Secretary for

approval such plans, specifications, and estimates for each

proposed project as the Secretary may require.

(2) Project agreement. - The Secretary shall act on the plans,

specifications, and estimates as soon as practicable after the

date of their submission and shall enter into a formal project

agreement with the State transportation department formalizing

the conditions of the project approval.

(3) Contractual obligation. - The execution of the project

agreement shall be deemed a contractual obligation of the Federal

Government for the payment of the Federal share of the cost of

the project.

(4) Guidance. - In taking action under this subsection, the

Secretary shall be guided by section 109.

(b) Project Agreement. -

(1) Provision of state funds. - The project agreement shall

make provision for State funds required to pay the State's

non-Federal share of the cost of construction of the project and

to pay for maintenance of the project after completion of

construction.

(2) Representations of state. - If a part of the project is to

be constructed at the expense of, or in cooperation with,

political subdivisions of the State, the Secretary may rely on

representations made by the State transportation department with

respect to the arrangements or agreements made by the State

transportation department and appropriate local officials for

ensuring that the non-Federal contribution will be provided under

paragraph (1).

(c) Assumption by States of Responsibilities of the Secretary. -

(1) Non-interstate nhs projects. - For projects under this

title that are on the National Highway System but not on the

Interstate System, the State may assume the responsibilities of

the Secretary under this title for design, plans, specifications,

estimates, contract awards, and inspections of projects unless

the State or the Secretary determines that such assumption is not

appropriate.

(2) Non-nhs projects. - For projects under this title that are

not on the National Highway System, the State shall assume the

responsibilities of the Secretary under this title for design,

plans, specifications, estimates, contract awards, and inspection

of projects, unless the State determines that such assumption is

not appropriate.

(3) Agreement. - The Secretary and the State shall enter into

an agreement relating to the extent to which the State assumes

the responsibilities of the Secretary under this subsection.

(4) Limitation on authority of secretary. - The Secretary may

not assume any greater responsibility than the Secretary is

permitted under this title on September 30, 1997, except upon

agreement by the Secretary and the State.

(d) Responsibilities of the Secretary. - Nothing in this section,

section 133, or section 149 shall affect or discharge any

responsibility or obligation of the Secretary under -

(1) section 113 or 114; or

(2) any Federal law other than this title (including section

5333 of title 49).

(e) Value Engineering Analysis. - For such projects as the

Secretary determines advisable, plans, specifications, and

estimates for proposed projects on any Federal-aid highway shall be

accompanied by a value engineering analysis or other cost reduction

analysis.

(f) Life-Cycle Cost Analysis. -

(1) Use of life-cycle cost analysis. - The Secretary shall

develop recommendations for the States to conduct life-cycle cost

analyses. The recommendations shall be based on the principles

contained in section 2 of Executive Order No. 12893 and shall be

developed in consultation with the American Association of State

Highway and Transportation Officials. The Secretary shall not

require a State to conduct a life-cycle cost analysis for any

project as a result of the recommendations required under this

subsection.

(2) Life-cycle cost analysis defined. - In this subsection, the

term "life-cycle cost analysis" means a process for evaluating

the total economic worth of a usable project segment by analyzing

initial costs and discounted future costs, such as maintenance,

user costs, reconstruction, rehabilitation, restoring, and

resurfacing costs, over the life of the project segment.

(g) Value Engineering for NHS. -

(1) Requirement. - The Secretary shall establish a program to

require States to carry out a value engineering analysis for all

projects on the National Highway System with an estimated total

cost of $25,000,000 or more.

(2) Value engineering defined. - In this subsection, the term

"value engineering analysis" means a systematic process of review

and analysis of a project during its design phase by a

multidisciplined team of persons not involved in the project in

order to provide suggestions for reducing the total cost of the

project and providing a project of equal or better quality. Such

suggestions may include combining or eliminating otherwise

inefficient or expensive parts of the original proposed design

for the project and total redesign of the proposed project using

different technologies, materials, or methods so as to accomplish

the original purpose of the project.

(h) Financial Plan. - A recipient of Federal financial assistance

for a project under this title with an estimated total cost of

$1,000,000,000 or more shall submit to the Secretary an annual

financial plan for the project. The plan shall be based on detailed

annual estimates of the cost to complete the remaining elements of

the project and on reasonable assumptions, as determined by the

Secretary, of future increases in the cost to complete the project.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 88-157, Sec.

7(a), Oct. 24, 1963, 77 Stat. 278; Pub. L. 91-605, title I, Secs.

106(e), 142, Dec. 31, 1970, 84 Stat. 1717, 1737; Pub. L. 94-280,

title I, Sec. 114, May 5, 1976, 90 Stat. 436; Pub. L. 100-17, title

I, Sec. 133(b)(4), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102-240,

title I, Secs. 1016(b), 1018(a), Dec. 18, 1991, 105 Stat. 1945,

1948; Pub. L. 104-59, title III, Sec. 303, Nov. 28, 1995, 109 Stat.

578; Pub. L. 105-178, title I, Sec. 1305(a)-(c), June 9, 1998, 112

Stat. 227-229.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order No. 12893, referred to in subsec. (f)(1), is set

out as a note under section 501 of Title 31, Money and Finance.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 1305(a)(1), substituted "Project

approval and oversight" for "Plans, specifications, and estimates"

in section catchline.

Subsecs. (a) to (d). Pub. L. 105-178, Sec. 1305(a)(3), added

subsecs. (a) to (d) and struck out former subsecs. (a) to (d) which

related to requirement for State highway departments to submit to

Secretary for approval plans, specifications, and estimates for

each proposed highway project, special rules relating to

resurfacing, restoring, and rehabilitating projects on National

Highway System, to low-cost National Highway System projects, and

to non-National Highway System projects, limitation on estimates

for construction engineering, and provisions relating to value

engineering or other cost reduction analysis.

Subsec. (e). Pub. L. 105-178, Sec. 1305(a)(3), added subsec. (e).

Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 105-178, Sec. 1305(c), added subsec. (f) and

struck out former subsec. (f) which read as follows:

"(f) Life-Cycle Cost Analysis. -

"(1) Establishment. - The Secretary shall establish a program

to require States to conduct an analysis of the life-cycle costs

of each usable project segment on the National Highway System

with a cost of $25,000,000 or more.

"(2) Analysis of the life-cycle costs defined. - In this

subsection, the term 'analysis of the life-cycle costs' means a

process for evaluating the total economic worth of a usable

project segment by analyzing initial costs and discounted future

costs, such as maintenance, reconstruction, rehabilitation,

restoring, and resurfacing costs, over the life of the project

segment."

Pub. L. 105-178, Sec. 1305(a)(2), redesignated subsec. (e) as

(f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 105-178, Sec. 1305(a)(2), redesignated

subsec. (f) as (g).

Subsec. (h). Pub. L. 105-178, Sec. 1305(b), added subsec. (h).

1995 - Subsecs. (e), (f). Pub. L. 104-59 added subsecs. (e) and

(f).

1991 - Subsec. (a). Pub. L. 102-240, Sec. 1016(b)(1), inserted

"this section and" before "section 117".

Subsec. (b). Pub. L. 102-240, Sec. 1016(b)(2), added subsec. (b)

and struck out former subsec. (b) which read as follows: "In

addition to the approval required under subsection (a) of this

section, proposed specifications for projects for construction on

(1) the Federal-aid secondary system, except in States where all

public roads and highways are under the control and supervision of

the State highway department, and (2) the Federal-aid urban system,

shall be determined by the State highway department and the

appropriate local road officials in cooperation with each other."

Subsec. (c). Pub. L. 102-240, Sec. 1018(a), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "Items

included in any such estimate for construction engineering shall

not exceed 15 percent of the total estimated cost of a project

financed with Federal-aid highway funds, after excluding from such

total estimate cost, the estimated costs of rights-of-way,

preliminary engineering, and construction engineering."

1987 - Subsec. (c). Pub. L. 100-17 substituted "15 percent" for

"10 per centum" and struck out at end "However, this limitation

shall be 15 per centum in any State with respect to which the

Secretary finds such higher limitation to be necessary."

1976 - Subsec. (c). Pub. L. 94-280 substituted "Federal-aid

highway funds" for "Federal-aid primary, secondary, or urban funds"

and "such total estimate cost" for "such total estimated cost" and

struck out 10 per centum limitation for any project financed with

interstate funds.

1970 - Subsec. (b). Pub. L. 91-605, Sec. 106(e), inserted

reference to the Federal-aid urban system.

Subsec. (d). Pub. L. 91-605, Sec. 142, added subsec. (d).

1963 - Subsec. (c). Pub. L. 88-157 substituted "a project

financed with Federal-aid primary, secondary, or urban funds" for

"the project" and provided for limitation, on items included in

estimates for construction engineering on projects financed with

Federal-aid primary, secondary, or urban funds, of 15 percent of

total estimated cost of the project where found by the Secretary to

be necessary and for 10-percent limitation on projects financed

with interstate funds.

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.

STUDY OF VALUE ENGINEERING

Section 1091 of Pub. L. 102-240 provided that:

"(a) Study. - The Secretary shall study the effectiveness and

benefits of value engineering review programs applied to

Federal-aid highway projects. Such study shall include an analysis

of and the results of specialized techniques utilized in all facets

of highway construction for the purpose of reduction of costs and

improvement of the overall quality of Federal-aid highway projects.

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

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

to Congress on the results of the study under subsection (a),

including recommendations on how value engineering could be

utilized and improved in Federal-aid highway projects."

MODIFICATION OF PROJECT AGREEMENTS TO EFFECTUATE REQUIREMENT OF

FOUR-LANES OF TRAFFIC

Pub. L. 89-574, Sec. 5(b), Sept. 13, 1966, 80 Stat. 767, as

amended by Pub. L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439,

authorized Secretary to modify project agreements entered into

prior to Sept. 13, 1966, pursuant to section 106 of this title for

purpose of effectuating amendment made by this section (amending

section 109(b) of this title to add a requirement of four lanes of

traffic) with respect to as much of National System of Interstate

and Defense Highways [now Dwight D. Eisenhower System of Interstate

and Defense Highways] as may be possible.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 109, 112 of this

title; title 40 section 14501.

-End-

-CITE-

23 USC Sec. 107 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 107. Acquisition of rights-of-way - Interstate System

-STATUTE-

(a) In any case in which the Secretary is requested by a State to

acquire lands or interests in lands (including within the term

"interests in lands", the control of access thereto from adjoining

lands) required by such State for right-of-way or other purposes in

connection with the prosecution of any project for the

construction, reconstruction, or improvement of any section of the

Interstate System, the Secretary is authorized, in the name of the

United States and prior to the approval of title by the Attorney

General, to acquire, enter upon, and take possession of such lands

or interests in lands by purchase, donation, condemnation, or

otherwise in accordance with the laws of the United States

(including the Act of February 26, 1931, 46 Stat. 1421),(!1) if -

(1) the Secretary has determined either that the State is

unable to acquire necessary lands or interests in lands, or is

unable to acquire such lands or interests in lands with

sufficient promptness; and

(2) the State has agreed with the Secretary to pay, at such

time as may be specified by the Secretary an amount equal to 10

per centum of the costs incurred by the Secretary, in acquiring

such lands or interests in lands, or such lesser percentage which

represents the State's pro rata share of project costs as

determined in accordance with subsection (c) (!1) of section 120

of this title.

The authority granted by this section shall also apply to lands

and interests in lands received as grants of land from the United

States and owned or held by railroads or other corporations.

(b) The costs incurred by the Secretary in acquiring any such

lands or interests in lands may include the cost of examination and

abstract of title, certificate of title, advertising, and any fees

incidental to such acquisition. All costs incurred by the Secretary

in connection with the acquisition of any such lands or interests

in lands shall be paid from the funds for construction,

reconstruction, or improvement of the Interstate System apportioned

to the State upon the request of which such lands or interests in

lands are acquired, and any sums paid to the Secretary by such

State as its share of the costs of acquisition of such lands or

interests in lands shall be deposited in the Treasury to the credit

of the appropriation for Federal-aid highways and shall be credited

to the amount apportioned to such State as its apportionment of

funds for construction, reconstruction, or improvement of the

Interstate System, or shall be deducted from other moneys due the

State for reimbursement from funds authorized to be appropriated

under section 108(b) of the Federal-Aid Highway Act of 1956.

(c) The Secretary is further authorized and directed by proper

deed, executed in the name of the United States, to convey any such

lands or interests in lands acquired in any State under the

provisions of this section, except the outside five feet of any

such right-of-way in any State which does not provide control of

access, to the State transportation department of such State or

such political subdivision thereof as its laws may provide, upon

such terms and conditions as to such lands or interests in lands as

may be agreed upon by the Secretary and the State transportation

department or political subdivisions to which the conveyance is to

be made. Whenever the State makes provision for control of access

satisfactory to the Secretary, the outside five feet then shall be

conveyed to the State by the Secretary, as herein provided.

(d) Whenever rights-of-way, including control of access, on the

Interstate System are required over lands or interests in lands

owned by the United States, the Secretary may make such

arrangements with the agency having jurisdiction over such lands as

may be necessary to give the State or other person constructing the

projects on such lands adequate rights-of-way and control of access

thereto from adjoining lands, and any such agency is directed to

cooperate with the Secretary in this connection.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 105-178,

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

-REFTEXT-

REFERENCES IN TEXT

Act of February 26, 1931, 46 Stat. 1421, referred to in subsec.

(a), is act Feb. 26, 1931, ch. 307, 46 Stat. 1421, as amended,

known as the Declaration of Taking Act, which was classified to

sections 258a to 258e-1 of former Title 40, Public Buildings,

Property, and Works, and was repealed and reenacted as sections

3114 to 3116 and 3118 of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.

1062, 1304.

Subsection (c) of section 120 of this title, referred to in

subsec. (a)(2), was struck out and a new subsec. (c) was added by

Pub. L. 102-240, title I, Sec. 1021(a), Dec. 18, 1991, 105 Stat.

1950.

The Federal-Aid Highway Act of 1956, referred to in subsec. (b),

is act June 29, 1956, ch. 462, 70 Stat. 374. For complete

classification of this Act to the Code, see Tables. Section 108(b)

of the Federal-Aid Highway Act of 1956 is set out as a note under

section 101 of this title.

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-178 substituted "State

transportation department" for "State highway department" in two

places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 section 1770.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 108 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 108. Advance acquisition of real property

-STATUTE-

(a) In General. -

(1) Availability of funds. - For the purpose of facilitating

the timely and economical acquisition of real property for a

transportation improvement eligible for funding under this title,

the Secretary, upon the request of a State, may make available,

for the acquisition of real property, such funds apportioned to

the State as may be expended on the transportation improvement,

under such rules and regulations as the Secretary may issue.

(2) Construction. - The agreement between the Secretary and the

State for the reimbursement of the cost of the real property

shall provide for the actual construction of the transportation

improvement within a period not to exceed 20 years following the

fiscal year for which the request is made, unless the Secretary

determines that a longer period is reasonable.

(b) Federal participation in the cost of rights-of-way acquired

under subsection (a) of this section shall not exceed the Federal

pro rata share applicable to the class of funds from which Federal

reimbursement is made.

(c) Early Acquisition of Rights-of-Way. -

(1) General rule. - Subject to paragraph (2), funds apportioned

to a State under this title may be used to participate in the

payment of -

(A) costs incurred by the State for acquisition of

rights-of-way, acquired in advance of any Federal approval or

authorization, if the rights-of-way are subsequently

incorporated into a project eligible for surface transportation

program funds; and

(B) costs incurred by the State for the acquisition of land

necessary to preserve environmental and scenic values.

(2) Terms and conditions. - The Federal share payable of the

costs described in paragraph (1) shall be eligible for

reimbursement out of funds apportioned to a State under this

title when the rights-of-way acquired are incorporated into a

project eligible for surface transportation program funds, if the

State demonstrates to the Secretary and the Secretary finds that

-

(A) any land acquired, and relocation assistance provided,

complied with the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970;

(B) the requirements of title VI of the Civil Rights Act of

1964 have been complied with;

(C) the State has a mandatory comprehensive and coordinated

land use, environment, and transportation planning process

under State law and the acquisition is certified by the

Governor as consistent with the State plans before the

acquisition;

(D) the acquisition is determined in advance by the Governor

to be consistent with the State transportation planning process

pursuant to section 135 of this title;

(E) the alternative for which the right-of-way is acquired is

selected by the State pursuant to regulations to be issued by

the Secretary which provide for the consideration of the

environmental impacts of various alternatives;

(F) before the time that the cost incurred by a State is

approved for Federal participation, environmental compliance

pursuant to the National Environmental Policy Act has been

completed for the project for which the right-of-way was

acquired by the State, and the acquisition has been approved by

the Secretary under this Act,(!1) and in compliance with

section 303 of title 49, section 7 of the Endangered Species

Act, and all other applicable environmental laws shall be

identified by the Secretary in regulations; and

(G) before the time that the cost incurred by a State is

approved for Federal participation, both the Secretary and the

Administrator of the Environmental Protection Agency have

concurred that the property acquired in advance of Federal

approval or authorization did not influence the environmental

assessment of the project, the decision relative to the need to

construct the project, or the selection of the project design

or location.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 893; Pub. L. 86-35, Sec.

1, May 29, 1959, 73 Stat. 62; Pub. L. 90-495, Sec. 7(a), (b), Aug.

23, 1968, 82 Stat. 818; Pub. L. 93-87, title I, Sec. 113, Aug. 13,

1973, 87 Stat. 257; Pub. L. 94-280, title I, Sec. 115, May 5, 1976,

90 Stat. 436; Pub. L. 102-240, title I, Sec. 1017(a), (b), Dec. 18,

1991, 105 Stat. 1947; Pub. L. 102-388, title III, Sec. 346, Oct. 6,

1992, 106 Stat. 1553; Pub. L. 103-429, Sec. 3(2), Oct. 31, 1994,

108 Stat. 4377; Pub. L. 105-178, title I, Secs. 1211(e)(1),

1301(a), June 9, 1998, 112 Stat. 188, 225.)

-REFTEXT-

REFERENCES IN TEXT

The Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, referred to in subsec. (c)(2)(A), 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.

The Civil Rights Act of 1964, referred to in subsec. (c)(2)(B),

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, referred to in subsec.

(c)(2)(F), probably means the National Environmental Policy Act of

1969, 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.

This Act, referred to in subsec. (c)(2)(F), 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.

Section 7 of the Endangered Species Act, referred to in subsec.

(c)(2)(F), probably means section 7 of the Endangered Species Act

of 1973, which is classified to section 1536 of Title 16,

Conservation.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 1301(a), substituted "Advance

acquisition of real property" for "Advance acquisition of

rights-of-way" in section catchline.

Subsec. (a). Pub. L. 105-178, Sec. 1301(a), added subsec. (a) and

struck out former subsec. (a) which read as follows: "For the

purpose of facilitating the acquisition of rights-of-way on any

Federal-aid highway in the most expeditious and economical manner,

and recognizing that the acquisition of rights-of-way requires

lengthy planning and negotiations if it is to be done at a

reasonable cost, the Secretary, upon the request of the State

highway department, is authorized to make available the funds

apportioned to any State which may be expended on such highway for

acquisition of rights-of-way, in anticipation of construction and

under such rules and regulations as the Secretary may prescribe.

The agreement between the Secretary and the State highway

department for the reimbursement of the cost of such rights-of-way

shall provide for the actual construction of a road on such

rights-of-way within a period not exceeding 20 years following the

fiscal year in which such request is made unless a longer period is

determined to be reasonable by the Secretary."

Subsecs. (c), (d). Pub. L. 105-178, Sec. 1211(e)(1), redesignated

subsec. (d) as (c) and struck out former subsec. (c) which related

to establishment and administration of right-of-way revolving fund.

1994 - Subsec. (d)(2)(F). Pub. L. 103-429 substituted "section

303 of title 49" for "section 4(f) of the Department of

Transportation Act".

1992 - Subsec. (a). Pub. L. 102-388, Sec. 346(1), (2),

substituted "Federal-aid highway" for "of the Federal-aid highway

systems, including the Interstate System," and "which may be

expended on such highway" for "for expenditure on any of the

Federal-aid highway systems, including the Interstate System,".

Subsec. (c)(2). Pub. L. 102-388, Sec. 346(3), inserted "and

passenger transit facilities".

Subsec. (c)(3). Pub. L. 102-388, Sec. 346(5), which directed the

substitution of "of the type funded" for "on the federal-aid system

of which such project is to be part," was executed by making the

substitution for "on the Federal-aid system of which such project

is to be a part," to reflect the probable intent of Congress.

Pub. L. 102-388, Sec. 346(4), substituted "project" for "highway"

after "construction of a" in first and second sentences.

1991 - Subsecs. (a), (c)(3). Pub. L. 102-240, Sec. 1017(a),

substituted "20" for "ten".

Subsec. (d). Pub. L. 102-240, Sec. 1017(b), added subsec. (d).

1976 - Subsec. (a). Pub. L. 94-280, Sec. 115(b), inserted "unless

a longer period is determined to be reasonable by the Secretary"

after "request is made" in last sentence.

Subsec. (c)(2). Pub. L. 94-280, Sec. 115(a), struck out "made

pursuant to section 133 or chapter 5 of this title" after

"relocation payments" in last sentence.

Subsec. (c)(3). Pub. L. 94-280, Sec. 115(c), inserted "or later"

after "earlier" in first sentence.

1973 - Subsec. (a). Pub. L. 93-87, Sec. 113(a), substituted "ten"

for "seven" years in last sentence.

Subsec. (c)(3). Pub. L. 93-87, Sec. 113(b), substituted "ten" for

"seven" years in first sentence.

1968 - Subsec. (b). Pub. L. 90-495, Sec. 7(a), substituted

"subsection (a) of this section" for "this section".

Subsec. (c). Pub. L. 90-495, Sec. 7(b), added subsec. (c).

1959 - Subsec. (a). Pub. L. 86-35 increased from five to seven

years the period in which actual construction shall commence on

rights-of-way acquired in anticipation of such construction.

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.

TRANSITION PROVISIONS

Pub. L. 105-178, title I, Sec. 1211(e)(2), June 9, 1998, 112

Stat. 188, provided that:

"(A) In general. - Funds advanced to a State by the Secretary

from the right-of-way revolving fund established by section 108(c)

of title 23, United States Code, prior to the date of enactment of

this Act [June 9, 1998] shall remain available to the State for use

on the projects for which the funds were advanced for a period of

20 years from the date on which the funds were advanced.

"(B) Credit to highway trust fund. - With respect to a project

for which funds have been advanced from the right-of-way revolving

fund, upon the termination of the 20-year period referred to in

subparagraph (A), when actual construction is commenced, or upon

approval by the Secretary of the plans, specifications, and

estimates for the actual construction of the project on the

right-of-way, whichever occurs first -

"(i) the Highway Trust Fund (other than the Mass Transit

Account) shall be credited with an amount equal to the Federal

share of the funds advanced, as provided in section 120 of title

23, United States Code, out of any Federal-aid highway funds

apportioned to the State in which the project is located and

available for obligation for projects of the type funded; and

"(ii) the State shall reimburse the Secretary in an amount

equal to the non-Federal share of the funds advanced for deposit

in, and credit to, the Highway Trust Fund (other than the Mass

Transit Account)."

PRESERVATION OF TRANSPORTATION CORRIDORS REPORT

Section 1017(c) of Pub. L. 102-240 provided that: "The Secretary,

in consultation with the States, shall report to Congress within 2

years after the date of the enactment of this Act [Dec. 18, 1991],

a national list of the rights-of-way identified by the metropolitan

planning organizations and the States (under sections 134 and 135

of title 23, United States Code), including the total mileage

involved, an estimate of the total costs, and a strategy for

preventing further loss of rights-of-way including the desirability

of creating a transportation right-of-way land bank to preserve

vital corridors."

AUTHORIZATION OF APPROPRIATIONS TO RIGHT-OF-WAY REVOLVING FUND;

APPORTIONMENT; REVERSION OF AMOUNTS NOT ADVANCED OR OBLIGATED

Section 7(c)-(e) of Pub. L. 90-495 provided that $100,000,000 for

the fiscal year ending June 30, 1970, $100,000,000 for the fiscal

year ending June 30, 1971, and $100,000,000 for the fiscal year

ending June 30, 1972, be transferred from the highway trust fund to

the right-of-way revolving fund established by subsec. (c) of this

section, authorized the Secretary to apportion these funds and

required that funds apportioned to a State remain available for

obligation for advances until Oct. 1 of the fiscal year in which

the apportionment was made and any funds not advanced or obligated

by such date revert to the right-of-way revolving fund for

distribution to other States.

STUDY OF ADVANCE ACQUISITION OF RIGHTS-OF-WAY

Pub. L. 89-574, Sec. 10, Sept. 13, 1966, 80 Stat. 769, as amended

by Pub. L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439,

directed the Secretary to make a full and complete investigation

and study of the advance acquisition of rights-of-way for future

construction of highways on the Federal-aid highway systems, with

particular reference to the provision of adequate time for the

removal and disposal of improvements located on rights-of-way and

the relocation of affected individuals, businesses, institutions,

and organizations, the tax status of such property after

acquisition and before its use for highway purposes, and the

methods for financing advance right-of-way acquisition by both the

State governments and the Federal Government, including the

possible creation of revolving funds for such purpose. The

Secretary was required to submit a report of results of such study

to Congress not later than July 1, 1967, together with his

recommendations.

INCREASED LIMITATION PERIOD APPLICABLE TO CERTAIN CONTRACTS

Section 2 of Pub. L. 86-35 provided that agreements entered into

before May 29, 1959 by the Secretary of Commerce and a State

highway department under authority of section 110(a) of the

Federal-Aid Highway Act of 1956, or section 108(a) of title 23 of

the United States Code shall be deemed to provide for actual

construction of a road on such rights-of-way within a period of

seven years following the fiscal year in which such request was

made.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 109 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 109. Standards

-STATUTE-

(a) In General. - The Secretary shall ensure that the plans and

specifications for each proposed highway project under this chapter

provide for a facility that will -

(1) adequately serve the existing and planned future traffic of

the highway in a manner that is conducive to safety, durability,

and economy of maintenance; and

(2) be designed and constructed in accordance with criteria

best suited to accomplish the objectives described in paragraph

(1) and to conform to the particular needs of each locality.

(b) The geometric and construction standards to be adopted for

the Interstate System shall be those approved by the Secretary in

cooperation with the State transportation departments. Such

standards, as applied to each actual construction project, shall be

adequate to enable such project to accommodate the types and

volumes of traffic anticipated for such project for the twenty-year

period commencing on the date of approval by the Secretary, under

section 106 of this title, of the plans, specifications, and

estimates for actual construction of such project. Such standards

shall in all cases provide for at least four lanes of traffic. The

right-of-way width of the Interstate System shall be adequate to

permit construction of projects on the Interstate System to such

standards. The Secretary shall apply such standards uniformly

throughout all the States.

(c) Design Criteria for National Highway System. -

(1) In general. - A design for new construction,

reconstruction, resurfacing (except for maintenance resurfacing),

restoration, or rehabilitation of a highway on the National

Highway System (other than a highway also on the Interstate

System) may take into account, in addition to the criteria

described in subsection (a) -

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

(B) the environmental, scenic, aesthetic, historic,

community, and preservation impacts of the activity; and

(C) access for other modes of transportation.

(2) Development of criteria. - The Secretary, in cooperation

with State transportation departments, may develop criteria to

implement paragraph (1). In developing criteria under this

paragraph, the Secretary shall consider the results of the

committee process of the American Association of State Highway

and Transportation Officials as used in adopting and publishing

"A Policy on Geometric Design of Highways and Streets", including

comments submitted by interested parties as part of such process.

(d) On any highway project in which Federal funds hereafter

participate, or on any such project constructed since December 20,

1944, the location, form and character of informational, regulatory

and warning signs, curb and pavement or other markings, and traffic

signals installed or placed by any public authority or other

agency, shall be subject to the approval of the State

transportation department with the concurrence of the Secretary,

who is directed to concur only in such installations as will

promote the safe and efficient utilization of the highways.

(e) No funds shall be approved for expenditure on any Federal-aid

highway, or highway affected under chapter 2 of this title, unless

proper safety protective devices complying with safety standards

determined by the Secretary at that time as being adequate shall be

installed or be in operation at any highway and railroad grade

crossing or drawbridge on that portion of the highway with respect

to which such expenditures are to be made.

(f) The Secretary shall not, as a condition precedent to his

approval under section 106 of this title, require any State to

acquire title to, or control of, any marginal land along the

proposed highway in addition to that reasonably necessary for road

surfaces, median strips, bikeways, gutters, ditches, and side

slopes, and of sufficient width to provide service roads for

adjacent property to permit safe access at controlled locations in

order to expedite traffic, promote safety, and minimize roadside

parking.

(g) The Secretary shall issue within 30 days after the day of

enactment of the Federal-Aid Highway Act of 1970 guidelines for

minimizing possible soil erosion from highway construction. Such

guidelines shall apply to all proposed projects with respect to

which plans, specifications, and estimates are approved by the

Secretary after the issuance of such guidelines.

(h) Not later than July 1, 1972, the Secretary, after

consultation with appropriate Federal and State officials, shall

submit to Congress, and not later than 90 days after such

submission, promulgate guidelines designed to assure that possible

adverse economic, social, and environmental effects relating to any

proposed project on any Federal-aid system have been fully

considered in developing such project, and that the final decisions

on the project are made in the best overall public interest, taking

into consideration the need for fast, safe and efficient

transportation, public services, and the costs of eliminating or

minimizing such adverse effects and the following:

(1) air, noise, and water pollution;

(2) destruction or disruption of man-made and natural

resources, aesthetic values, community cohesion and the

availability of public facilities and services;

(3) adverse employment effects, and tax and property value

losses;

(4) injurious displacement of people, businesses and farms; and

(5) disruption of desirable community and regional growth.

Such guidelines shall apply to all proposed projects with respect

to which plans, specifications, and estimates are approved by the

Secretary after the issuance of such guidelines.

(i) The Secretary, after consultation with appropriate Federal,

State, and local officials, shall develop and promulgate standards

for highway noise levels compatible with different land uses and

after July 1, 1972, shall not approve plans and specifications for

any proposed project on any Federal-aid system for which location

approval has not yet been secured unless he determines that such

plans and specifications include adequate measures to implement the

appropriate noise level standards. The Secretary, after

consultation with the Administrator of the Environmental Protection

Agency and appropriate Federal, State, and local officials, may

promulgate standards for the control of highway noise levels for

highways on any Federal-aid system for which project approval has

been secured prior to July 1, 1972. The Secretary may approve any

project on a Federal-aid system to which noise-level standards are

made applicable under the preceding sentence for the purpose of

carrying out such standards. Such project may include, but is not

limited to, the acquisition of additional rights-of-way, the

construction of physical barriers, and landscaping. Sums

apportioned for the Federal-aid system on which such project will

be located shall be available to finance the Federal share of such

project. Such project shall be deemed a highway project for all

purposes of this title.

(j) The Secretary, after consultation with the Administrator of

the Environmental Protection Agency, shall develop and promulgate

guidelines to assure that highways constructed pursuant to this

title are consistent with any approved plan for -

(1) the implementation of a national ambient air quality

standard for each pollutant for which an area is designated as a

nonattainment area under section 107(d) of the Clean Air Act (42

U.S.C. 7407(d)); or

(2) the maintenance of a national ambient air quality standard

in an area that was designated as a nonattainment area but that

was later redesignated by the Administrator as an attainment area

for the standard and that is required to develop a maintenance

plan under section 175A of the Clean Air Act (42 U.S.C. 7505a).

(k) The Secretary shall not approve any project involving

approaches to a bridge under this title, if such project and bridge

will significantly affect the traffic volume and the highway system

of a contiguous State without first taking into full consideration

the views of that State.

(l)(1) In determining whether any right-of-way on any Federal-aid

highway should be used for accommodating any utility facility, the

Secretary shall -

(A) first ascertain the effect such use will have on highway

and traffic safety, since in no case shall any use be authorized

or otherwise permitted, under this or any other provision of law,

which would adversely affect safety;

(B) evaluate the direct and indirect environmental and economic

effects of any loss of productive agricultural land or any

impairment of the productivity of any agricultural land which

would result from the disapproval of the use of such right-of-way

for the accommodation of such utility facility; and

(C) consider such environmental and economic effects together

with any interference with or impairment of the use of the

highway in such right-of-way which would result from the use of

such right-of-way for the accommodation of such utility facility.

(2) For the purpose of this subsection -

(A) the term "utility facility" means any privately, publicly,

or cooperatively owned line, facility, or system for producing,

transmitting, or distributing communications, power, electricity,

light, heat, gas, oil, crude products, water, steam, waste, storm

water not connected with highway drainage, or any other similar

commodity, including any fire or police signal system or street

lighting system, which directly or indirectly serves the public;

and

(B) the term "right-of-way" means any real property, or

interest therein, acquired, dedicated, or reserved for the

construction, operation, and maintenance of a highway.

(m) Protection of Nonmotorized Transportation Traffic. - The

Secretary shall not approve any project or take any regulatory

action under this title that will result in the severance of an

existing major route or have significant adverse impact on the

safety for nonmotorized transportation traffic and light

motorcycles, unless such project or regulatory action provides for

a reasonable alternate route or such a route exists.

(n) It is the intent of Congress that any project for

resurfacing, restoring, or rehabilitating any highway, other than a

highway access to which is fully controlled, in which Federal funds

participate shall be constructed in accordance with standards to

preserve and extend the service life of highways and enhance

highway safety.

(o) Compliance With State Laws for Non-NHS Projects. - Projects

(other than highway projects on the National Highway System) shall

be designed, constructed, operated, and maintained in accordance

with State laws, regulations, directives, safety standards, design

standards, and construction standards.

(p) Scenic and Historic Values. - Notwithstanding subsections (b)

and (c), the Secretary may approve a project for the National

Highway System if the project is designed to -

(1) allow for the preservation of environmental, scenic, or

historic values;

(2) ensure safe use of the facility; and

(3) comply with subsection (a).

(q) Phase Construction. - Safety considerations for a project

under this title may be met by phase construction consistent with

the operative safety management system established in accordance

with section 303 or in accordance with a statewide transportation

improvement program approved by the Secretary.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 894; Pub. L. 88-157, Sec.

4, Oct. 24, 1963, 77 Stat. 277; Pub. L. 89-574, Secs. 5(a), 14,

Sept. 13, 1966, 80 Stat. 767, 771; Pub. L. 91-605, title I, Sec.

136(a), (b), Dec. 31, 1970, 84 Stat. 1734; Pub. L. 93-87, title I,

Secs. 114, 152(2), 156, Aug. 13, 1973, 87 Stat. 257, 276, 277; Pub.

L. 95-599, title I, Secs. 113, 116(d), 141(f), (g), Nov. 6, 1978,

92 Stat. 2696, 2699, 2711; Pub. L. 96-106, Sec. 3, Nov. 9, 1979, 93

Stat. 797; Pub. L. 97-424, title I, Sec. 110(a), Jan. 6, 1983, 96

Stat. 2105; Pub. L. 102-240, title I, Sec. 1016(c)-(f)(1), Dec. 18,

1991, 105 Stat. 1946; Pub. L. 104-59, title III, Secs. 304, 305(a),

Nov. 28, 1995, 109 Stat. 579, 580; Pub. L. 105-178, title I, Secs.

1202(c), 1212(a)(2)(A), 1306, June 9, 1998, 112 Stat. 169, 193,

229.)

-REFTEXT-

REFERENCES IN TEXT

The day of enactment of the Federal-Aid Highway Act of 1970,

referred to in subsec. (g), is Dec. 31, 1970.

-MISC1-

AMENDMENTS

1998 - Subsecs. (b), (c)(2). 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. 1212(a)(2)(A)(i), substituted

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

Subsec. (m). Pub. L. 105-178, Sec. 1306(a), redesignated subsec.

(n) as (m) and struck out former subsec. (m) which read as follows:

"The Secretary shall issue guidelines describing the criteria

applicable to the Interstate System in order to insure that the

condition of these routes is maintained at the level required by

the purposes for which they were designed. The initial guidelines

shall be issued no later than October 1, 1979."

Subsec. (n). Pub. L. 105-178, Sec. 1306(a)(2), redesignated

subsec. (o) as (n). Former subsec. (n) redesignated (m).

Pub. L. 105-178, Sec. 1202(c), inserted heading and amended text

of subsec. (n) generally. Prior to amendment, text read as follows:

"The Secretary shall not approve any project under this title that

will result in the severance or destruction of an existing major

route for nonmotorized transportation traffic and light

motorcycles, unless such project provides a reasonably alternate

route or such a route exists."

Subsecs. (o) to (q). Pub. L. 105-178, Sec. 1306(a)(2), (b), added

subsec. (q) and redesignated former subsecs. (p) and (q) as (o) and

(p), respectively. Former subsec. (o) redesignated (n).

1995 - Subsec. (a). Pub. L. 104-59, Sec. 304(1), added subsec.

(a) and struck out former subsec. (a) which read as follows: "The

Secretary shall not approve plans and specifications for proposed

highway projects under this chapter if they fail to provide for a

facility (1) that will adequately meet the existing and probable

future traffic needs and conditions in a manner conducive to

safety, durability, and economy of maintenance; (2) that will be

designed and constructed in accordance with standards best suited

to accomplish the foregoing objectives and to conform to the

particular needs of each locality."

Subsec. (c). Pub. L. 104-59, Sec. 304(2), added subsec. (c) and

struck out former subsec. (c) which read as follows:

"(c) Design and Construction Standards for NHS. - Design and

construction standards to be adopted for new construction on the

National Highway System, for reconstruction on the National Highway

System, and for resurfacing, restoring, and rehabilitating

multilane limited access highways on the National Highway System

shall be those approved by the Secretary in cooperation with the

State highway departments. All eligible work for such projects

shall meet or exceed such standards."

Subsec. (j). Pub. L. 104-59, Sec. 305(a), substituted "plan for -

" and pars. (1) and (2) for "plan for the implementation of any

ambient air quality standard for any air quality control region

designated pursuant to the Clean Air Act, as amended."

Subsec. (q). Pub. L. 104-59, Sec. 304(3), added subsec. (q) and

struck out former subsec. (q) which read as follows:

"(q) Historic and Scenic Values. - If a proposed project under

sections 103(e)(4), 133, or 144 involves a historic facility or is

located in an area of historic or scenic value, the Secretary may

approve such project notwithstanding the requirements of

subsections (a) and (b) of this section and section 133(c) if such

project is designed to standards that allow for the preservation of

such historic or scenic value and such project is designed with

mitigation measures to allow preservation of such value and ensure

safe use of the facility."

1991 - Subsec. (a). Pub. L. 102-240, Sec. 1016(f)(1)(A),

substituted "highway projects under this chapter" for "projects on

any Federal-aid system".

Subsec. (c). Pub. L. 102-240, Sec. 1016(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows:

"Projects on the Federal-aid secondary system in which Federal

funds participate shall be constructed according to specifications

that will provide all-weather service and permit maintenance at a

reasonable cost."

Subsec. (l)(1). Pub. L. 102-240, Sec. 1016(f)(1)(B), substituted

"highway" for "system" in introductory provisions.

Subsecs. (p), (q). Pub. L. 102-240, Sec. 1016(d), (e), added

subsecs. (p) and (q).

1983 - Subsec. (o). Pub. L. 97-424 added subsec. (o).

1979 - Subsec. (l)(1)(A). Pub. L. 96-106 struck out "any aspect

of" after "adversely affect".

1978 - Subsec. (f). Pub. L. 95-599, Sec. 141(f), inserted

"bikeways" after "surfaces, median strips,".

Subsec. (l). Pub. L. 95-599, Sec. 113, added subsec. (l).

Subsec. (m). Pub. L. 95-599, Sec. 116(d), added subsec. (m).

Subsec. (n). Pub. L. 95-599, Sec. 141(g), added subsec. (n).

1973 - Subsec. (g). Pub. L. 93-87, Sec. 152(2), substituted "Act"

for "Rct", thus correcting the popular name to read "Federal-Aid

Highway Act of 1970".

Subsec. (i). Pub. L. 93-87, Sec. 114, authorized promulgation of

noise-level standards for highways on any Federal-aid system for

which project approval has been secured prior to July 1, 1972, and

approval of any project on a Federal-aid system to which

noise-level standards are made applicable, described the range of

the projects, made money available for financing Federal share of

the project, and deemed such project a highway project for all

purposes of this title.

Subsec. (k). Pub. L. 93-87, Sec. 156, added subsec. (k).

1970 - Subsec. (g). Pub. L. 91-605, Sec. 136(a), substituted

provisions ordering the Secretary to issue within 30 days after

Dec. 31, 1970, guidelines, which will apply to all proposed

projects approved by the Secretary after their issuance, for

minimizing soil erosion from highway construction for provisions

authorizing the Secretary to consult with the Secretary of

Agriculture respecting guidelines for minimizing soil erosion from

highway construction and report such guidelines to Congress not

later than July 1, 1967.

Subsecs. (h) to (j). Pub. L. 91-605, Sec. 136(b), added subsecs.

(h) to (j).

1966 - Subsec. (b). Pub. L. 89-574, Sec. 5(a), required that in

all cases the standards provide for at least four lanes of traffic.

Subsec. (g). Pub. L. 89-574, Sec. 14, added subsec. (g).

1963 - Subsec. (b). Pub. L. 88-157 substituted "Such standards,

as applied to each actual construction project, shall be adequate

to enable such project to accommodate the types and volumes of

traffic anticipated for such project for the twenty-year period

commencing on the date of approval by the Secretary, under section

106 of this title, of the plans, specifications, and estimates for

actual construction of such project" for "Such standards shall be

adequate to accommodate the types and volumes of traffic forecast

for the year 1975", struck out "up" before "to such standards" and

inserted "all" in phrase "throughout all the States".

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.

INTERNATIONAL ROUGHNESS INDEX

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

200, provided that:

"(1) Study. - The Comptroller General of the United States shall

conduct a study on the international roughness index that is used

as an indicator of pavement quality on the Federal-aid highway

system.

"(2) Required elements. - The study shall specify the extent of

usage of the index and the extent to which the international

roughness index measurement is reliable across different

manufacturers and types of pavement.

"(3) Report to congress. - Not later than 2 years after the date

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

shall submit to Congress a report on the results of the study."

ENVIRONMENTAL STREAMLINING

Pub. L. 105-178, title I, Sec. 1309, June 9, 1998, 112 Stat. 232,

as amended by Pub. L. 105-206, title IX, Sec. 9004(c), July 22,

1998, 112 Stat. 843, provided that:

"(a) Coordinated Environmental Review Process. -

"(1) Development and implementation. - The Secretary shall

develop and implement a coordinated environmental review process

for highway construction and mass transit projects that require -

"(A) the preparation of an environmental impact statement or

environmental assessment under the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.), except that the

Secretary may decide not to apply this section to the

preparation of an environmental assessment under such Act; or

"(B) the conduct of any other environmental review, analysis,

opinion, or issuance of an environmental permit, license, or

approval by operation of Federal law.

"(2) Memorandum of understanding. -

"(A) In general. - The coordinated environmental review

process for each project shall ensure that, whenever

practicable (as specified in this section), all environmental

reviews, analyses, opinions, and any permits, licenses, or

approvals that must be issued or made by any Federal agency for

the project concerned shall be conducted concurrently and

completed within a cooperatively determined time period. Such

process for a project or class of project may be incorporated

into a memorandum of understanding between the Department of

Transportation and Federal agencies (and, where appropriate,

State agencies).

"(B) Establishment of time periods. - In establishing the

time period referred to in subparagraph (A), and any time

periods for review within such period, the Department and all

such agencies shall take into account their respective

resources and statutory commitments.

"(b) Elements of Coordinated Environmental Review Process. - For

each project, the coordinated environmental review process

established under this section shall provide, at a minimum, for the

following elements:

"(1) Federal agency identification. - The Secretary shall, at

the earliest possible time, identify all potential Federal

agencies that -

"(A) have jurisdiction by law over environmental-related

issues that may be affected by the project and the analysis of

which would be part of any environmental document required by

the National Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.); or

"(B) may be required by Federal law to independently -

"(i) conduct an environmental-related review or analysis;

or

"(ii) determine whether to issue a permit, license, or

approval or render an opinion on the environmental impact of

the project.

"(2) Time limitations and concurrent review. - The Secretary

and the head of each Federal agency identified under paragraph

(1) -

"(A)(i) shall jointly develop and establish time periods for

review for -

"(I) all Federal agency comments with respect to any

environmental review documents required by the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for

the project; and

"(II) all other independent Federal agency environmental

analyses, reviews, opinions, and decisions on any permits,

licenses, and approvals that must be issued or made for the

project;

whereby each such Federal agency's review shall be undertaken and

completed within such established time periods for review; or

"(ii) may enter into an agreement to establish such time

periods for review with respect to a class of project; and

"(B) shall ensure, in establishing such time periods for

review, that the conduct of any such analysis, review, opinion,

and decision is undertaken concurrently with all other

environmental reviews for the project, including the reviews

required by the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.); except that such review may not be

concurrent if the affected Federal agency can demonstrate that

such concurrent review would result in a significant adverse

impact to the environment or substantively alter the operation

of Federal law or would not be possible without information

developed as part of the environmental review process.

"(3) Factors to be considered. - Time periods for review

established under this section shall be consistent with the time

periods established by the Council on Environmental Quality under

sections 1501.8 and 1506.10 of title 40, Code of Federal

Regulations.

"(4) Extensions. - The Secretary shall extend any time periods

for review under this section if, upon good cause shown, the

Secretary and any Federal agency concerned determine that

additional time for analysis and review is needed as a result of

new information that has been discovered that could not

reasonably have been anticipated when the Federal agency's time

periods for review were established. Any memorandum of

understanding shall be modified to incorporate any mutually

agreed-upon extensions.

"(c) Dispute Resolution. - When the Secretary determines that a

Federal agency which is subject to a time period for its

environmental review or analysis under this section has failed to

complete such review, analysis, opinion, or decision on issuing any

permit, license, or approval within the established time period or

within any agreed-upon extension to such time period, the Secretary

may, after notice and consultation with such agency, close the

record on the matter before the Secretary. If the Secretary finds,

after timely compliance with this section, that an environmental

issue related to the project that an affected Federal agency has

jurisdiction over by operation of Federal law has not been

resolved, the Secretary and the head of the Federal agency shall

resolve the matter not later than 30 days after the date of the

finding by the Secretary.

"(d) Participation of State Agencies. - For any project eligible

for assistance under chapter 1 of title 23, United States Code, or

chapter 53 of title 49, United States Code, a State, by operation

of State law, may require that all State agencies that have

jurisdiction by State or Federal law over environmental-related

issues that may be affected by the project, or that are required to

issue any environmental-related reviews, analyses, opinions, or

determinations on issuing any permits, licenses, or approvals for

the project, be subject to the coordinated environmental review

process established under this section unless the Secretary

determines that a State's participation would not be in the public

interest. For a State to require State agencies to participate in

the review process, all affected agencies of the State shall be

subject to the review process.

"(e) Assistance to Affected Federal Agencies. -

"(1) In general. - The Secretary may approve a request by a

State or recipient to provide funds for a highway project made

available under chapter 1 of title 23, United States Code, or for

a mass transit project made available under chapter 53 of title

49, United States Code, to the State for the project subject to

the coordinated environmental review process established under

this section to affected Federal agencies to provide the

resources necessary to meet any time limits established under

this section.

"(2) Amounts. - Such requests under paragraph (1) shall be

approved only -

"(A) for the additional amounts that the Secretary determines

are necessary for the affected Federal agencies to meet the

time limits for environmental review; and

"(B) if such time limits are less than the customary time

necessary for such review.

"(f) Judicial Review and Savings Clause. -

"(1) Judicial review. - Nothing in this section shall affect

the reviewability of any final Federal agency action in a

district court of the United States or in the court of any State.

"(2) Savings clause. - Nothing in this section shall affect the

applicability of the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.) or any other Federal environmental

statute or affect the responsibility of any Federal officer to

comply with or enforce any such statute.

"(g) Federal Agency Defined. - In this section, the term 'Federal

agency' means any Federal agency or any State agency carrying out

affected responsibilities required by operation of Federal law."

ROADSIDE SAFETY TECHNOLOGIES

Pub. L. 105-178, title I, Sec. 1402, June 9, 1998, 112 Stat. 236,

as amended by Pub. L. 105-206, title IX, Sec. 9005(c), July 22,

1998, 112 Stat. 848, provided that:

"(a) Crash Cushions. -

"(1) Guidance. - Not later than 18 months after the date of

enactment of this Act [June 9, 1998], the Secretary shall issue

guidance regarding the benefits and safety performance of

redirective and nonredirective crash cushions in different road

applications, taking into consideration roadway conditions,

operating speed limits, the location of the crash cushion in the

right-of-way, and any other relevant factors. The guidance shall

include recommendations on the most appropriate circumstances for

utilization of redirective and nonredirective crash cushions.

"(2) Use of guidance. - States shall use the guidance issued

under this subsection in evaluating the safety and

cost-effectiveness of utilizing different crash cushion designs

and determining whether redirective or nonredirective crash

cushions or other safety appurtenances should be installed at

specific highway locations.

"(b) Traffic Flow and Safety Applications of Road Barriers. -

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

technologies and methods to enhance safety, streamline

construction, and improve capacity by providing positive

separation at all times between traffic, equipment, and workers

on highway construction projects. The study shall also address

how such technologies can be used to improve capacity and safety

at those specific highway, bridge, and other appropriate

locations where reversible lane, contraflow, and high occupancy

vehicle lane operations are implemented during peak traffic

periods.

"(2) Uses to consider. - In conducting the study, the Secretary

shall consider, at a minimum, uses of positive separation

technologies related to -

"(A) separating workers from traffic flow when work is in

progress;

"(B) providing additional safe work space by utilizing

adjacent and available traffic lanes during off-peak hours;

"(C) rapid deployment to allow for daily or periodic

restoration of lanes for use by traffic during peak hours as

needed;

"(D) mitigating congestion caused by construction by -

"(i) opening all adjacent and available lanes to traffic

during peak traffic hours; or

"(ii) using reversible lanes to optimize capacity of the

highway by adjusting to directional traffic flow; and

"(E) permanent use of positive separation technologies to

create contraflow or reversible lanes to increase the capacity

of congested highways, bridges, and tunnels.

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

enactment of this Act [June 9, 1998], the Secretary shall submit

to Congress a report on the results of the study. The report

shall include findings and recommendations for the use of the

technologies referred to in paragraph (2) to provide positive

separation on appropriate projects."

METRIC REQUIREMENTS

Pub. L. 104-59, title II, Sec. 205(c), Nov. 28, 1995, 109 Stat.

577, as amended by Pub. L. 105-178, title I, Sec. 1211(d), June 9,

1998, 112 Stat. 188, provided that:

"(1) Placement and modification of signs. - The Secretary shall

not require the States to expend any Federal or State funds to

construct, erect, or otherwise place or to modify any sign relating

to a speed limit, distance, or other measurement on a highway for

the purpose of having such sign establish such speed limit,

distance, or other measurement using the metric system.

"(2) Other actions. - The Secretary shall not require that any

State use or plan to use the metric system with respect to

designing or advertising, or preparing plans, specifications,

estimates, or other documents, for a Federal-aid highway project

eligible for assistance under title 23, United States Code.

"(3) Definitions. - In this subsection, the following definitions

apply:

"(A) Highway. - The term 'highway' has the meaning such term

has under section 101 of title 23, United States Code.

"(B) Metric system. - The term 'metric system' has the meaning

the term 'metric system of measurement' has under section 4 of

the Metric Conversion Act of 1975 (15 U.S.C. 205c)."

TYPE II NOISE BARRIERS

Section 339(b) of Pub. L. 104-59 provided that:

"(1) General rule. - No funds made available out of the Highway

Trust Fund may be used to construct Type II noise barriers (as

defined by section 772.5(i) of title 23, Code of Federal

Regulations) pursuant to subsections (h) and (i) of section 109 of

title 23, United States Code, if such barriers were not part of a

project approved by the Secretary before the date of the enactment

of this Act [Nov. 28, 1995].

"(2) Exceptions. - Paragraph (1) shall not apply to construction

of Type II noise barriers along lands that were developed or were

under substantial construction before approval of the acquisition

of the rights-of-ways for, or construction of, the existing

highway."

HIGHWAY SIGNS FOR NATIONAL HIGHWAY SYSTEM

Section 359(b) of Pub. L. 104-59 provided that:

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

the cost, need, and efficacy of establishing a highway sign for

identifying routes on the National Highway System. In conducting

the study, the Secretary shall make a determination concerning

whether to identify National Highway System route numbers.

"(2) Report. - Not later than March 1, 1997, the Secretary shall

transmit to Congress a report on the results of the study."

USE OF RECYCLED PAVING MATERIAL

Section 1038 of Pub. L. 102-240, as amended by Pub. L. 104-59,

title II, Sec. 205(b), title III, Sec. 327, Nov. 28, 1995, 109

Stat. 577, 592, provided that:

"(a) Asphalt Pavement Containing Recycled Rubber Demonstration

Program. - Notwithstanding any other provision of title 23, United

States Code, or regulation or policy of the Department of

Transportation, the Secretary (or a State acting as the

Department's agent) may not disapprove a highway project under

chapter 1 of title 23, United States Code, on the ground that the

project includes the use of asphalt pavement containing recycled

rubber. Under this subsection, a patented application process for

recycled rubber shall be eligible for approval under the same

conditions that an unpatented process is eligible for approval.

"(b) Studies. -

"(1) In general. - The Secretary and the Administrator of the

Environmental Protection Agency shall coordinate and conduct, in

cooperation with the States, a study to determine -

"(A) the threat to human health and the environment

associated with the production and use of asphalt pavement

containing recycled rubber;

"(B) the degree to which asphalt pavement containing recycled

rubber can be recycled; and

"(C) the performance of the asphalt pavement containing

recycled rubber under various climate and use conditions.

"(2) Division of responsibilities. - The Administrator shall

conduct the part of the study relating to paragraph (1)(A) and

the Secretary shall conduct the part of the study relating to

paragraph (1)(C). The Administrator and the Secretary shall

jointly conduct the study relating to paragraph (1)(B).

"(3) Additional study. - The Secretary and the Administrator,

in cooperation with the States, shall jointly conduct a study to

determine the economic savings, technical performance qualities,

threats to human health and the environment, and environmental

benefits of using recycled materials in highway devices and

appurtenances and highway projects, including asphalt containing

over 80 percent reclaimed asphalt, asphalt containing recycled

glass, and asphalt containing recycled plastic.

"(4) Additional elements. - In conducting the study under

paragraph (3), the Secretary and the Administrator shall examine

utilization of various technologies by States and shall examine

the current practices of all States relating to the reuse and

disposal of materials used in federally assisted highway

projects.

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

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

Administrator shall transmit to Congress a report on the results

of the studies conducted under this subsection, including a

detailed analysis of the economic savings and technical

performance qualities of using such recycled materials in

federally assisted highway projects and the environmental

benefits of using such recycled materials in such highway

projects in terms of reducing air emissions, conserving natural

resources, and reducing disposal of the materials in landfills.

"(c) DOT Guidance. -

"(1) Information gathering and distribution. - The Secretary

shall gather information and recommendations concerning the use

of asphalt containing recycled rubber in highway projects from

those States that have extensively evaluated and experimented

with the use of such asphalt and implemented such projects and

shall make available such information and recommendations on the

use of such asphalt to those States which indicate an interest in

the use of such asphalt.

"(2) Encouragement of use. - The Secretary should encourage the

use of recycled materials determined to be appropriate by the

studies pursuant to subsection (b) in federally assisted highway

projects. Procuring agencies shall comply with all applicable

guidelines or regulations issued by the Administrator of the

Environmental Protection Agency.

"(d) Asphalt Pavement Containing Recycled Rubber. -

"(1) Crumb rubber modifier research. - Not later than 180 days

after the date of the enactment of the National Highway System

Designation Act of 1995 [Nov. 28, 1995], the Secretary shall

develop testing procedures and conduct research to develop

performance grade classifications, in accordance with the

strategic highway research program carried out under section

307(d) of title 23, United States Code, for crumb rubber modifier

binders. The testing procedures and performance grade

classifications should be developed in consultation with

representatives of the crumb rubber modifier industry and other

interested parties (including the asphalt paving industry) with

experience in the development of the procedures and

classifications.

"(2) Crumb rubber modifier program development. -

"(A) In general. - The Secretary may make grants to States to

develop programs to use crumb rubber from scrap tires to modify

asphalt pavements.

"(B) Use of grant funds. - Grant funds made available to

States under this paragraph shall be used -

"(i) to develop mix designs for crumb rubber modified

asphalt pavements;

"(ii) for the placement and evaluation of crumb rubber

modified asphalt pavement field tests; and

"(iii) for the expansion of State crumb rubber modifier

programs in existence on the date the grant is made

available.

"(e) Definitions. - For purpose of this section -

"(1) the term 'asphalt pavement containing recycled rubber'

means any mixture of asphalt and crumb rubber derived from whole

scrap tires, such that the physical properties of the asphalt are

modified through the mixture, for use in pavement maintenance,

rehabilitation, or construction applications; and

"(2) the term 'recycled rubber' is any crumb rubber derived

from processing whole scrap tires or shredded tire material taken

from automobiles, trucks, or other equipment owned and operated

in the United States."

SURVEY AND REPORT ON UPGRADING OF DESIGN STANDARDS

Section 1049 of Pub. L. 102-240 directed Secretary to conduct a

survey to identify current State standards relating to geometric

design, traffic control devices, roadside safety, safety

appurtenance design, uniform traffic control devices, and sign

legibility and directional clarity for all Federal-aid highways

and, not later than 2 years after Dec. 18, 1991, to transmit to

Congress a report on the results of the survey and the

crashworthiness of traffic lights, traffic signs, guardrails,

impact attenuators, concrete barrier treatments, and breakaway

utility poles for bridges and roadways currently used by States.

EROSION CONTROL GUIDELINES

Section 1057 of title I of Pub. L. 102-240 provided that:

"(a) Development. - The Secretary shall develop erosion control

guidelines for States to follow in carrying out construction

projects funded in whole or in part under this title [see Tables

for classification].

"(b) More Stringent State Requirements. - Guidelines developed

under subsection (a) shall not preempt any requirement made by or

under State law if such requirement is more stringent than the

guidelines.

"(c) Consistency With Other Programs. - Guidelines developed

under subsection (a) shall be consistent with nonpoint source

management programs under section 319 of the Federal Water

Pollution Control Act [33 U.S.C. 1329] and coastal nonpoint

pollution control guidance under section 6217(g) of the Omnibus

Budget Reconciliation Act of 1990 [16 U.S.C. 1455b(g)]."

ROADSIDE BARRIER TECHNOLOGY

Section 1058 of Pub. L. 102-240, as amended by Pub. L. 104-59,

title III, Sec. 328, Nov. 28, 1995, 109 Stat. 593, provided that:

"(a) Requirement for Innovative Barriers. - Not less than 2 1/2

percent of the mileage of new or replacement permanent or temporary

crashworthy barriers included in awarded contracts along

Federal-aid highways within the boundaries of a State in each

calendar year shall be innovative crashworthy safety barriers.

"(b) Certification. - Each State shall annually certify to the

Secretary its compliance with the requirements of this section.

"(c) Definition of Innovative Crashworthy Safety Barrier. - For

purposes of this section, the term 'innovative crashworthy safety

barrier' means a barrier, other than a guardrail or guiderail,

classified by the Federal Highway Administration as 'experimental'

or that was classified as 'operational' after January 1, 1985, and

that meets or surpasses the requirements of the National

Cooperative Highway Research Program 350 for longitudinal

barriers."

ROADSIDE BARRIERS AND SAFETY APPURTENANCES

Section 1073 of Pub. L. 102-240 provided that:

"(a) Initiation of Rulemaking Proceeding. - Not later than 30

days after the date of the enactment of this Act [Dec. 18, 1991],

the Secretary shall initiate a rulemaking proceeding to revise the

guidelines and establish standards for installation of roadside

barriers and other safety appurtenances, including longitudinal

barriers, end terminals, and crash cushions. Such rulemaking shall

reflect state-of-the-art designs, testing, and evaluation criteria

contained in the National Cooperative Highway Research Program

Report 230, relating to approval standards which provide an

enhanced level of crashworthy performance to accommodate vans,

mini-vans, pickup trucks, and 4-wheel drive vehicles.

"(b) Final Rule. - Not later than 1 year after the date of the

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

the rulemaking proceeding initiated under subsection (a), and issue

a final rule regarding the implementation of revised guidelines and

standards for acceptable roadside barriers and other safety

appurtenances, including longitudinal barriers, end terminals, and

crash cushions. Such revised guidelines and standards shall

accommodate vans, mini-vans, pickup trucks, and 4-wheel drive

vehicles and shall be applicable to the refurbishment and

replacement of existing roadside barriers and safety appurtenances

as well as to the installation of new roadside barriers and safety

appurtenances."

STUDIES RELATING TO ESTABLISHMENT OF STANDARDS FOR RESURFACING,

RESTORATION, AND REHABILITATION OF HIGHWAYS AND TO ESTABLISHMENT OF

UNIFORM STANDARDS AND CRITERIA FOR TESTING AND INSPECTING HIGHWAYS

AND BRIDGES

Section 110(b), (c) of Pub. L. 97-424 provided that:

"(b) The Secretary of Transportation shall enter into appropriate

arrangements with the National Academy of Sciences (1) to conduct a

study of the safety cost-effectiveness of geometric design criteria

of standards currently in effect for construction and

reconstruction of highways, other than highways access to which is

fully controlled, to determine the most appropriate minimum

standards to apply to resurfacing, restoration, and rehabilitation

projects on such highways, which study shall include a study of the

cost effectiveness of the hot dip galvanizing process for the

installation, repair, or replacement of exposed structural and

miscellaneous steel, and (2) to propose standards to preserve and

extend the service life of such highways and enhance highway

safety. The National Academy of Sciences shall conduct such study

in cooperation with the National Transportation Safety Board, the

Congressional Budget Office, and the American Association of State

Highway and Transportation Officials. Upon completion of such

study, the National Academy of Sciences shall submit such study and

its proposed standards to the Secretary of Transportation for

review. Within ninety days after submission of such standards to

the Secretary of Transportation, the Secretary shall submit such

study and the proposed standards of the National Academy of

Sciences, together with the recommendations of the Secretary, to

Congress for approval.

"(c)(1) The Secretary of Transportation is directed to coordinate

a study with the National Bureau of Standards, the American Society

for Testing and Materials, and other organizations as deemed

appropriate, (A) to determine the existing quality of design,

construction, products, use, and systems for highways and bridges;

(B) to determine the need for uniform standards and criteria for

design, processing, products, and applications, including personnel

training and implementation of enforcement techniques; and (C) to

determine the manpower needs and costs of developing a national

system for the evaluation and accreditation of testing and

inspection agencies.

"(2) The Secretary shall submit such study to the Congress not

later than one year after the date of enactment of this section

[Jan. 6, 1983]."

EXPENDITURE OF FEDERAL FUNDS FOR HIGHWAY SIGNS USING METRIC SYSTEM

Section 144 of Pub. L. 95-599, as amended by Pub. L. 96-106, Sec.

14, Nov. 9, 1979, 93 Stat. 798, which prohibited use of Federal

funds for signing solely in the metric system, was repealed by Pub.

L. 102-240, title I, Sec. 1053, Dec. 18, 1991, 105 Stat. 2001.

MODIFICATION OF PROJECT AGREEMENTS TO EFFECTUATE REQUIREMENT OF

FOUR-LANES OF TRAFFIC

Authorization to modify projects agreements entered into prior to

September 13, 1966, to effectuate the amendment of this section by

Pub. L. 89-574 which added the requirement of four-lanes of

traffic, see section 5(b) of Pub. L. 89-574, set out as a note

under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 106, 115, 142 of

this title.

-End-

-CITE-

23 USC Sec. 110 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 110. Revenue aligned budget authority

-STATUTE-

(a) In General. -

(1) Allocation. - On October 15 of fiscal year 2000 and each

fiscal year thereafter, the Secretary shall allocate for such

fiscal year an amount of funds equal to the amount determined

pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the Balanced

Budget and Emergency Deficit Control Act of 1985 (2 U.S.C

901(b)(2)(B)(ii)(I)(cc)) (!1) if the amount determined pursuant

to such section for such fiscal year is greater than zero.

(2) Reduction. - If the amount determined pursuant to section

251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency

Deficit Control Act of 1985 (2 U.S.C 901(b)(2)(B)(ii)(I)(cc))

(!1) for fiscal year 2000 or any fiscal year thereafter is less

than zero, the Secretary on October 1 of the succeeding fiscal

year shall reduce proportionately the amount of sums authorized

to be appropriated from the Highway Trust Fund (other than the

Mass Transit Account) to carry out each of the Federal-aid

highway and highway safety construction programs (other than

emergency relief) and the motor carrier safety grant program by

an aggregate amount equal to the amount determined pursuant to

such section.

(b) General Distribution. - The Secretary shall -

(1) determine the ratio that -

(A) the sums authorized to be appropriated from the Highway

Trust Fund (other than the Mass Transit Account) for each of

the for (!2) Federal-aid highway and highway safety

construction programs (other than the minimum guarantee

program) and the motor carrier safety grant program for which

funds are allocated from such Trust Fund by the Secretary under

this title, the Transportation Equity Act for the 21st Century,

and subchapter I of chapter 311 of title 49 for a fiscal year,

bears to

(B) the total of all sums authorized to be appropriated from

such Trust Fund for such programs for such fiscal year;

(2) multiply the ratio determined under paragraph (1) by the

total amount of funds to be allocated under subsection (a)(1) for

such fiscal year;

(3) allocate the amount determined under paragraph (2) among

such programs in the ratio that -

(A) the sums authorized to be appropriated from such Trust

Fund for each of such programs for such fiscal year, bears to

(B) the sums authorized to be appropriated from such Trust

Fund for all such programs for such fiscal year; and

(4) allocate the remainder of the funds to be allocated under

subsection (a)(1) for such fiscal year to the States in the ratio

that -

(A) the total of all funds authorized to be appropriated from

such Trust Fund for Federal-aid highway and highway safety

construction programs that are apportioned to each State for

such fiscal year but for this section, bears to

(B) the total of all funds authorized to be appropriated from

such Trust Fund for such programs that are apportioned to all

States for such fiscal year but for this section.

(c) State Programmatic Distribution. - Of the funds to be

apportioned to each State under subsection (b)(4) for a fiscal

year, the Secretary shall ensure that such funds are apportioned

for the Interstate and National Highway System program, the bridge

program, the surface transportation program, and the congestion

mitigation air quality improvement program in the same ratio that

each State is apportioned funds for such programs for such fiscal

year but for this section.

(d) Authorization of Appropriations. - There are authorized to be

appropriated from the Highway Trust Fund (other than the Mass

Transit Account) such sums as may be necessary to carry out this

section for fiscal years beginning after September 30, 1998.

(e) After making any calculation necessary to implement this

section for fiscal year 2001, the amount available under paragraph

(a)(1) shall be increased by $128,752,000. The amounts added under

this subsection shall not apply to any calculation in any other

fiscal year.

(f) For fiscal year 2001, prior to making any distribution under

this section, $22,029,000 of the allocation under paragraph (a)(1)

shall be available only for each program authorized under chapter

53 of title 49, United States Code, and title III of Public Law

105-178, in proportion to each such program's share of the total

authorization in section 5338 (other than 5338(h)) of such title

and sections 3037 and 3038 of such Public Law, under the terms and

conditions of chapter 53 of such title.

(g) For fiscal year 2001, prior to making any distribution under

this section, $399,000 of the allocation under paragraph (a)(1)

shall be available only for motor carrier safety programs under

sections 31104 and 31107 of title 49, United States Code; $274,000

for NHTSA operations and research under section 403 of title 23,

United States Code; and $787,000 for NHTSA highway traffic safety

grants under chapter 4 of title 23, United States Code.

-SOURCE-

(Added and amended Pub. L. 105-178, title I, Sec. 1105(a), (c),

June 9, 1998, 112 Stat. 130; Pub. L. 105-206, title IX, Sec.

9002(e), July 22, 1998, 112 Stat. 835; Pub. L. 106-113, div. B,

Sec. 1000(a)(5) [title III, Sec. 304], Nov. 29, 1999, 113 Stat.

1536, 1501A-306; Pub. L. 106-159, title I, Sec. 102(a)(2), Dec. 9,

1999, 113 Stat. 1752.)

-REFTEXT-

REFERENCES IN TEXT

The Transportation Equity Act for the 21st Century, referred to

in subsec. (b)(1)(A), is Pub. L. 105-178, June 9, 1998, 112 Stat.

107, as amended. For complete classification of this Act to the

Code, see section 1(a) of Pub. L. 105-178, set out as a Short Title

of 1998 Amendment note under section 101 of this title and Tables.

Title III of Public Law 105-178, referred to in subsec. (f), is

title III of Pub. L. 105-178, June 9, 1998, 112 Stat. 338, as

amended, known as the Federal Transit Act of 1998. Sections 3037

and 3038 of title III of Pub. L. 105-178 are set out as notes under

sections 5309 and 5310, respectively, of Title 49, Transportation.

For complete classification of title III to the Code, see Short

Title of 1998 Amendment note set out under section 5101 of Title 49

and Tables.

-COD-

CODIFICATION

Another section 110 was renumbered section 126 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 110, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 894,

related to project agreements, prior to repeal by Pub. L. 105-178,

title I, Sec. 1105(a), June 9, 1998, 112 Stat. 130.

AMENDMENTS

1999 - Subsec. (a)(2). Pub. L. 106-159, Sec. 102(a)(2)(A),

inserted "and the motor carrier safety grant program" after

"relief)".

Subsec. (b)(1)(A). Pub. L. 106-159, Sec. 102(a)(2)(B), inserted

"and the motor carrier safety grant program" after "program)",

substituted "title," for "title and", and inserted ", and

subchapter I of chapter 311 of title 49" after "21st Century".

Subsecs. (e) to (g). Pub. L. 106-113, which directed amendment of

section 110 by adding subsecs. (e) to (g) at the end, was executed

to this section to reflect the probable intent of Congress. See

Codification note above.

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1105(c)(1), as added by

Pub. L. 105-206, Sec. 9002(e), substituted "In general" for

"Determination of amount" in heading and amended text of subsec.

(a) generally. Prior to amendment, text read as follows: "On

October 15 of fiscal year 1999, and each fiscal year thereafter,

the Secretary shall allocate an amount of funds equal to the amount

determined pursuant to section 251(b)(1)(B)(I)(cc) of the Balanced

Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.

901(b)(2)(B)(I)(cc))."

Subsec. (b)(2), (4). Pub. L. 105-178, Sec. 1105(c)(2), as added

by Pub. L. 105-206, Sec. 9002(e), substituted "subsection (a)(1)"

for "subsection (a)".

Subsec. (c). Pub. L. 105-178, Sec. 1105(c)(3), as added by Pub.

L. 105-206, Sec. 9002(e), substituted "the Interstate and National

Highway System program" for "the Interstate Maintenance program,

the National Highway System program".

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.

-FOOTNOTE-

(!1) So in original. Probably should be "(2 U.S.C.

901(b)(1)(B)(ii)(I)(cc))".

(!2) So in original. The word "for" probably should not appear.

-End-

-CITE-

23 USC Sec. 111 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 111. Agreements relating to use of and access to rights-of-way

- Interstate System

-STATUTE-

(a) In General. - All agreements between the Secretary and the

State transportation department for the construction of projects on

the Interstate System shall contain a clause providing that the

State will not add any points of access to, or exit from, the

project in addition to those approved by the Secretary in the plans

for such project, without the prior approval of the Secretary. Such

agreements shall also contain a clause providing that the State

will not permit automotive service stations or other commercial

establishments for serving motor vehicle users to be constructed or

located on the rights-of-way of the Interstate System. Such

agreements may, however, authorize a State or political subdivision

thereof to use or permit the use of the airspace above and below

the established grade line of the highway pavement for such

purposes as will not impair the full use and safety of the highway,

as will not require or permit vehicular access to such space

directly from such established grade line of the highway, or

otherwise interfere in any way with the free flow of traffic on the

Interstate System. Nothing in this section, or in any agreement

entered into under this section, shall require the discontinuance,

obstruction, or removal of any establishment for serving motor

vehicle users on any highway which has been, or is hereafter,

designated as a highway or route on the Interstate System (1) if

such establishment (A) was in existence before January 1, 1960, (B)

is owned by a State, and (C) is operated through concessionaries or

otherwise, and (2) if all access to, and exits from, such

establishment conform to the standards established for such a

highway under this title.

(b) Vending Machines. - Notwithstanding subsection (a), any State

may permit the placement of vending machines in rest and recreation

areas, and in safety rest areas, constructed or located on

rights-of-way of the Interstate System in such State. Such vending

machines may only dispense such food, drink, and other articles as

the State transportation department determines are appropriate and

desirable. Such vending machines may only be operated by the State.

In permitting the placement of vending machines, the State shall

give priority to vending machines which are operated through the

State licensing agency designated pursuant to section 2(a)(5) of

the Act of June 20, 1936, commonly known as the "Randolph-Sheppard

Act" (20 U.S.C. 107a(a)(5)). The costs of installation, operation,

and maintenance of vending machines shall not be eligible for

Federal assistance under this title.

(c) Motorist Call Boxes. -

(1) In general. - Notwithstanding subsection (a), a State may

permit the placement of motorist call boxes on rights-of-way of

the National Highway System. Such motorist call boxes may include

the identification and sponsorship logos of such call boxes.

(2) Sponsorship logos. -

(A) Approval by state and local agencies. - All call box

installations displaying sponsorship logos under this

subsection shall be approved by the highway agencies having

jurisdiction of the highway on which they are located.

(B) Size on box. - A sponsorship logo may be placed on the

call box in a dimension not to exceed the size of the call box

or a total dimension in excess of 12 inches by 18 inches.

(C) Size on identification sign. - Sponsorship logos in a

dimension not to exceed 12 inches by 30 inches may be displayed

on a call box identification sign affixed to the call box post.

(D) Spacing of signs. - Sponsorship logos affixed to an

identification sign on a call box post may be located on the

rights-of-way at intervals not more frequently than 1 per every

5 miles.

(E) Distribution throughout state. - Within a State, at least

20 percent of the call boxes displaying sponsorship logos shall

be located on highways outside of urbanized areas with a

population greater than 50,000.

(3) Nonsafety hazards. - The call boxes and their location,

posts, foundations, and mountings shall be consistent with

requirements of the Manual on Uniform Traffic Control Devices or

any requirements deemed necessary by the Secretary to assure that

the call boxes shall not be a safety hazard to motorists.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 87-61, title

I, Sec. 104(a), June 29, 1961, 75 Stat. 122; Pub. L. 95-599, title

I, Sec. 114, Nov. 6, 1978, 92 Stat. 2697; Pub. L. 100-17, title I,

Sec. 110(a), Apr. 2, 1987, 101 Stat. 146; Pub. L. 104-59, title

III, Sec. 306, Nov. 28, 1995, 109 Stat. 580; Pub. L. 105-178, title

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

-MISC1-

AMENDMENTS

1998 - Subsecs. (a), (b). Pub. L. 105-178 substituted "State

transportation department" for "State highway department".

1995 - Subsec. (c). Pub. L. 104-59 added subsec. (c).

1987 - Pub. L. 100-17 designated existing provision as subsec.

(a), inserted heading for subsec. (a), and added subsec. (b).

1978 - Pub. L. 95-599 inserted provision listing situations which

would not require the discontinuance, obstruction, or removal of

any establishment for serving motor vehicle users.

1961 - Pub. L. 87-61 substituted "to use or permit the use of the

airspace above and below the established grade line of the highway

pavement for such purposes as will not impair the full use and

safety of the highway, as will not require or permit vehicular

access to such space directly from such established grade line of

the highway, or otherwise interfere" for "to use the airspace above

and below the established grade line of the highway pavement for

the parking of motor vehicles provided such use does not

interfere".

VENDING MACHINES; PLACEMENT IN REST, RECREATION, AND SAFETY REST

AREAS; STATE OPERATION OF MACHINES

Pub. L. 97-424, title I, Sec. 111, Jan. 6, 1983, 96 Stat. 2106,

provided that notwithstanding section 111 of this title before Oct.

1, 1983, any State could permit placement of vending machines in

rest and recreation areas and in safety rest areas constructed or

located on rights-of-way of National System of Interstate and

Defense Highways [now Dwight D. Eisenhower System of Interstate and

Defense Highways] in such State. Such vending machines could only

dispense such food, drink, and other articles as the State highway

department determined were appropriate and desirable. Such vending

machines could only be operated by the State. In permitting the

placement of vending machines under this section, the State had to

give priority to vending machines which were operated through the

State licensing agency designated pursuant to section 2(a)(5) of

the Act of June 20, 1936, commonly known as the Randolph-Sheppard

Act (20 U.S.C. 107a(a)(5)).

DEMONSTRATION PROJECT FOR VENDING MACHINES IN REST AND RECREATION

AREAS

Section 153 of Pub. L. 95-599 authorized Secretary of

Transportation to implement a demonstration project respecting

placement of vending machines in rest and recreation areas and to

report not later than two years after Nov. 6, 1978, on results of

such project.

REVISION OF AGREEMENTS RELATING TO UTILIZATION OF SPACE ON

RIGHTS-OF-WAY

Section 104(b) of Pub. L. 87-61 authorized Secretary of Commerce

[now Transportation], on application, to revise any agreement made

prior to June 29, 1961, to extent that such agreement relates to

utilization of space on rights-of-way on National System of

Interstate and Defense Highways [now Dwight D. Eisenhower System of

Interstate and Defense Highways] to conform to section 111 of this

title as amended by subsection (a).

-End-

-CITE-

23 USC Sec. 112 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 112. Letting of contracts

-STATUTE-

(a) In all cases where the construction is to be performed by the

State transportation department or under its supervision, a request

for submission of bids shall be made by advertisement unless some

other method is approved by the Secretary. The Secretary shall

require such plans and specifications and such methods of bidding

as shall be effective in securing competition.

(b) Bidding Requirements. -

(1) In general. - Subject to paragraphs (2) and (3),

construction of each project, subject to the provisions of

subsection (a) of this section, shall be performed by contract

awarded by competitive bidding, unless the State transportation

department demonstrates, to the satisfaction of the Secretary,

that some other method is more cost effective or that an

emergency exists. Contracts for the construction of each project

shall be awarded only on the basis of the lowest responsive bid

submitted by a bidder meeting established criteria of

responsibility. No requirement or obligation shall be imposed as

a condition precedent to the award of a contract to such bidder

for a project, or to the Secretary's concurrence in the award of

a contract to such bidder, unless such requirement or obligation

is otherwise lawful and is specifically set forth in the

advertised specifications.

(2) Contracting for engineering and design services. -

(A) General rule. - Subject to paragraph (3), each contract

for program management, construction management, feasibility

studies, preliminary engineering, design, engineering,

surveying, mapping, or architectural related services with

respect to a project subject to the provisions of subsection

(a) of this section shall be awarded in the same manner as a

contract for architectural and engineering services is

negotiated under chapter 11 of title 40 or equivalent State

qualifications-based requirements.

(B) Applicability. -

(i) In a complying state. - If, on the date of the

enactment of this paragraph, the services described in

subparagraph (A) may be awarded in a State in the manner

described in subparagraph (A), subparagraph (A) shall apply

in such State beginning on such date of enactment.

(ii) In a noncomplying state. - In the case of any other

State, subparagraph (A) shall apply in such State beginning

on the earlier of (I) August 1, 1989, or (II) the 10th day

following the close of the 1st regular session of the

legislature of a State which begins after the date of the

enactment of this paragraph.

(C) Performance and audits. - Any contract or subcontract

awarded in accordance with subparagraph (A), whether funded in

whole or in part with Federal-aid highway funds, shall be

performed and audited in compliance with cost principles

contained in the Federal Acquisition Regulations of part 31 of

title 48, Code of Federal Regulations.

(D) Indirect cost rates. - Instead of performing its own

audits, a recipient of funds under a contract or subcontract

awarded in accordance with subparagraph (A) shall accept

indirect cost rates established in accordance with the Federal

Acquisition Regulations for 1-year applicable accounting

periods by a cognizant Federal or State government agency, if

such rates are not currently under dispute.

(E) Application of rates. - Once a firm's indirect cost rates

are accepted under this paragraph, the recipient of the funds

shall apply such rates for the purposes of contract estimation,

negotiation, administration, reporting, and contract payment

and shall not be limited by administrative or de facto ceilings

of any kind.

(F) Prenotification; confidentiality of data. - A recipient

of funds requesting or using the cost and rate data described

in subparagraph (E) shall notify any affected firm before such

request or use. Such data shall be confidential and shall not

be accessible or provided, in whole or in part, to another firm

or to any government agency which is not part of the group of

agencies sharing cost data under this paragraph, except by

written permission of the audited firm. If prohibited by law,

such cost and rate data shall not be disclosed under any

circumstances.

(G) State option. - Subparagraphs (C), (D), (E), and (F)

shall take effect 1 year after the date of the enactment of

this subparagraph; except that if a State, during such 1-year

period, adopts by statute an alternative process intended to

promote engineering and design quality and ensure maximum

competition by professional companies of all sizes providing

engineering and design services, such subparagraphs shall not

apply with respect to the State. If the Secretary determines

that the legislature of the State did not convene and adjourn a

full regular session during such 1-year period, the Secretary

may extend such 1-year period until the adjournment of the next

regular session of the legislature.

(3) Design-build contracting. -

(A) In general. - A State transportation department or local

transportation agency may award a design-build contract for a

qualified project described in subparagraph (C) using any

procurement process permitted by applicable State and local

law.

(B) Limitation on final design. - Final design under a

design-build contract referred to in subparagraph (A) shall not

commence before compliance with section 102 of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332).

(C) Qualified projects. - A qualified project referred to in

subparagraph (A) is a project under this chapter for which -

(i) the Secretary has approved the use of design-build

contracting described in subparagraph (A) under criteria

specified in regulations issued by the Secretary; and

(ii) the total costs are estimated to exceed -

(I) in the case of a project that involves installation

of an intelligent transportation system, $5,000,000; and

(II) in the case of any other project, $50,000,000.

(D) Design-build contract defined. - In this paragraph, the

term "design-build contract" means an agreement that provides

for design and construction of a project by a contractor,

regardless of whether the agreement is in the form of a

design-build contract, a franchise agreement, or any other form

of contract approved by the Secretary.

(c) The Secretary shall require as a condition precedent to his

approval of each contract awarded by competitive bidding pursuant

to subsection (b) of this section, and subject to the provisions of

this section, a sworn statement, executed by, or on behalf of, the

person, firm, association, or corporation to whom such contract is

to be awarded, certifying that such person, firm, association, or

corporation has not, either directly or indirectly, entered into

any agreement, participated in any collusion, or otherwise taken

any action in restraint of free competitive bidding in connection

with such contract.

(d) No contract awarded by competitive bidding pursuant to

subsection (b) of this section, and subject to the provisions of

this section, shall be entered into by any State transportation

department or local subdivision of the State without compliance

with the provisions of this section, and without the prior

concurrence of the Secretary in the award thereof.

(e) Standardized Contract Clause Concerning Site Conditions. -

(1) General rule. - The Secretary shall issue regulations

establishing and requiring, for inclusion in each contract

entered into with respect to any project approved under section

106 of this title a contract clause, developed in accordance with

guidelines established by the Secretary, which equitably

addresses each of the following:

(A) Site conditions.

(B) Suspensions of work ordered by the State (other than a

suspension of work caused by the fault of the contractor or by

weather).

(C) Material changes in the scope of work specified in the

contract.

The guidelines established by the Secretary shall not require

arbitration.

(2) Limitation on applicability. -

(A) State law. - Paragraph (1) shall apply in a State except

to the extent that such State adopts or has adopted by statute

a formal procedure for the development of a contract clause

described in paragraph (1) or adopts or has adopted a statute

which does not permit inclusion of such a contract clause.

(B) Design-build contracts. - Paragraph (1) shall not apply

to any design-build contract approved under subsection (b)(3).

(f) The provisions of this section shall not be applicable to

contracts for projects on the Federal-aid secondary system in those

States where the Secretary has discharged his responsibility

pursuant to section 117 (!1) of this title, except where employees

of a political subdivision of a State are working on a project

outside of such political subdivision.

(g) Selection Process. - A State may procure, under a single

contract, the services of a consultant to prepare any environmental

impact assessments or analyses required for a project, including

environmental impact statements, as well as subsequent engineering

and design work on the project if the State conducts a review that

assesses the objectivity of the environmental assessment,

environmental analysis, or environmental impact statement prior to

its submission to the Secretary.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 90-495, Sec.

22(c), Aug. 23, 1968, 82 Stat. 827; Pub. L. 96-470, title I, Sec.

112(b)(1), Oct. 19, 1980, 94 Stat. 2239; Pub. L. 97-424, title I,

Sec. 112, Jan. 6, 1983, 96 Stat. 2106; Pub. L. 100-17, title I,

Sec. 111, Apr. 2, 1987, 101 Stat. 147; Pub. L. 104-59, title III,

Sec. 307(a), Nov. 28, 1995, 109 Stat. 581; Pub. L. 105-178, title

I, Secs. 1205, 1212(a)(2)(A)(i), 1307(a), (b), June 9, 1998, 112

Stat. 184, 193, 229, 230; Pub. L. 107-217, Sec. 3(e)(1), Aug. 21,

2002, 116 Stat. 1299.)

-REFTEXT-

REFERENCES IN TEXT

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

subsec. (b)(2)(B), is the date of enactment of Pub. L. 100-17,

which was approved Apr. 2, 1987.

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

subsec. (b)(2)(G), is the date of enactment of Pub. L. 104-59,

which was approved Nov. 28, 1995.

Section 117 of this title, referred to in subsec. (f), relating

to certification acceptance, was repealed and a new section 117,

relating to high priority projects program, was enacted by Pub. L.

105-178, title I, Sec. 1601(a), June 9, 1998, 112 Stat. 255.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2)(A). Pub. L. 107-217 substituted "chapter 11

of title 40" for "title IX of the Federal Property and

Administrative Services Act of 1949".

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),

substituted "State transportation department" for "State highway

department".

Subsec. (b)(1). Pub. L. 105-178, Sec. 1307(a)(1), substituted

"paragraphs (2) and (3)" for "paragraph (2)".

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

transportation department" for "State highway department".

Subsec. (b)(2)(A). Pub. L. 105-178, Sec. 1307(a)(2), substituted

"Subject to paragraph (3), each contract" for "Each contract".

Subsec. (b)(2)(B)(i). Pub. L. 105-178, Sec. 1205(a), struck out

before period at end ", except to the extent that such State adopts

by statute a formal procedure for the procurement of such

services".

Subsec. (b)(2)(B)(ii). Pub. L. 105-178, Sec. 1205(a), struck out

before period at end ", except to the extent that such State adopts

or has adopted by statute a formal procedure for the procurement of

the services described in subparagraph (A)".

Subsec. (b)(3). Pub. L. 105-178, Sec. 1307(a)(3), added par. (3).

Subsec. (d). 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. 1307(b), designated

existing provisions as subpar. (A), inserted heading, realigned

margins, and added subpar. (B).

Subsec. (g). Pub. L. 105-178, Sec. 1205(b), added subsec. (g).

1995 - Subsec. (b)(2)(C) to (G). Pub. L. 104-59 added subpars.

(C) to (G).

1987 - Subsec. (b). Pub. L. 100-17, Sec. 111(a), (b), (d),

inserted subsec. heading, designated existing provisions as par.

(1), inserted par. (1) heading, substituted "Subject to paragraph

(2), construction" for "Construction" and inserted "or that an

emergency exists", added par. (2), and realigned margins.

Subsecs. (e), (f). Pub. L. 100-17, Sec. 111(c), added subsec. (e)

and redesignated former subsec. (e) as (f).

1983 - Subsec. (b). Pub. L. 97-424, Sec. 112(1), substituted

"unless the State highway department demonstrates, to the

satisfaction of the Secretary, that some other method is more cost

effective" for "unless the Secretary shall affirmatively find that,

under the circumstances relating to such project, some other method

is in the public interest" after "by competitive bidding,".

Subsec. (e). Pub. L. 97-424, Sec. 112(2), inserted exception

relating to a situation where employees of a political subdivision

of a State are working on a project outside of such political

subdivision.

1980 - Subsec. (b). Pub. L. 96-470 struck out provision that all

findings by the Secretary that a method other than competitive

bidding is in the public interest be reported in writing to the

Committees on Public Works of the Senate and the House of

Representatives.

1968 - Subsec. (b). Pub. L. 90-495 required that contracts for

the construction of each project be awarded only on the basis of

the lowest responsive bid by a bidder meeting established criteria

of responsibility and required that, to be imposed as a condition

precedent, requirements and obligations have been specifically set

forth in the advertised specifications.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-178, title I, Sec. 1307(e), June 9, 1998, 112 Stat.

231, provided that:

"(1) In general. - The amendments made by this section [amending

this section] take effect 3 years after the date of enactment of

this Act [June 9, 1998].

"(2) Transition provision. -

"(A) In general. - During the period before issuance of the

regulations under subsection (c) [set out below], the Secretary

may approve, in accordance with an experimental program described

in subsection (d) [set out below], design-build contracts to be

awarded using any process permitted by applicable State and local

law; except that final design under any such contract shall not

commence before compliance with section 102 of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332).

"(B) Previously awarded contracts. - The Secretary may approve

design-build contracts awarded before the date of enactment of

this Act.

"(C) Design-build contract defined. - In this paragraph, the

term 'design-build contract' means an agreement that provides for

design and construction of a project by a contractor, regardless

of whether the agreement is in the form of a design-build

contract, a franchise agreement, or any other form of contract

approved by the Secretary."

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.

REGULATIONS

Pub. L. 105-178, title I, Sec. 1307(c), June 9, 1998, 112 Stat.

230, provided that:

"(1) In general. - Not later than the effective date specified in

subsection (e) [see Effective Date of 1998 Amendment note above],

after consultation with the American Association of State Highway

and Transportation Officials and representatives from affected

industries, the Secretary shall issue regulations to carry out the

amendments made by this section [amending this section].

"(2) Contents. - The regulations shall -

"(A) identify the criteria to be used by the Secretary in

approving the use by a State transportation department or local

transportation agency of design-build contracting; and

"(B) establish the procedures to be followed by a State

transportation department or local transportation agency for

obtaining the Secretary's approval of the use of design-build

contracting by the department or agency."

EFFECT ON EXPERIMENTAL PROGRAM

Pub. L. 105-178, title I, Sec. 1307(d), June 9, 1998, 112 Stat.

231, provided that: "Nothing in this section [amending this section

and enacting provisions set out as notes under this section] or the

amendments made by this section affects the authority to carry out,

or any project carried out under, any experimental program

concerning design-build contracting that is being carried out by

the Secretary as of the date of enactment of this Act [June 9,

1998]."

REPORT TO CONGRESS

Pub. L. 105-178, title I, Sec. 1307(f), June 9, 1998, 112 Stat.

231, provided that:

"(1) In general. - Not later than 5 years after the date of

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

Congress a report on the effectiveness of design-build contracting

procedures.

"(2) Contents. - The report shall contain -

"(A) an assessment of the effect of design-build contracting on

project quality, project cost, and timeliness of project

delivery;

"(B) recommendations on the appropriate level of design for

design-build procurements;

"(C) an assessment of the impact of design-build contracting on

small businesses;

"(D) assessment of the subjectivity used in design-build

contracting; and

"(E) such recommendations concerning design-build contracting

procedures as the Secretary determines to be appropriate."

PRIVATE SECTOR INVOLVEMENT PROGRAM

Pub. L. 102-240, title I, Sec. 1060, Dec. 18, 1991, 105 Stat.

2003, provided that:

"(a) Establishment. - The Secretary shall establish a private

sector involvement program to encourage States to contract with

private firms for engineering and design services in carrying out

Federal-aid highway projects when it would be cost effective.

"(b) Grants to States. -

"(1) In general. - In conducting the program under this

section, the Secretary may make grants in each of fiscal years

1992, 1993, 1994, 1995, 1996, and 1997 to not less than 3 States

which the Secretary determines have implemented in the fiscal

year preceding the fiscal year of the grant the most effective

programs for increasing the percentage of funds expended for

contracting with private firms (including small business concerns

and small business concerns owned and controlled by socially and

economically disadvantaged individuals) for engineering and

design services in carrying out Federal-aid highway projects.

"(2) Use of grants. - A grant received by a State under this

subsection may be used by the State only for awarding contracts

for engineering and design services to carry out projects and

activities for which Federal funds may be obligated under title

23, United States Code.

"(3) Funding. - There are authorized to be appropriated to

carry out this section $5,000,000 for each of fiscal years 1992

through 1997. Such sums shall remain available until expended.

"(c) Report by FHWA. - Not later than 120 days after the date of

the enactment of this Act [Dec. 18, 1991], the Administrator of the

Federal Highway Administration shall submit to the Secretary a

report on the amount of funds expended by each State in fiscal

years 1980 through 1990 on contracts with private sector

engineering and design firms in carrying out Federal-aid highway

projects. The Secretary shall use information in the report to

evaluate State engineering and design programs for the purpose of

awarding grants under subsection (b).

"(d) Report to Congress. - Not later than 2 years after the date

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

transmit to Congress a report on implementation of the program

established under this section.

"(e) Engineering and Design Services Defined. - The term

'engineering and design services' means any category of service

described in section 112(b) of title 23, United States Code.

"(f) Regulations. - Not later than 180 days after the date of the

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

regulations to carry out this section."

PILOT PROGRAM FOR UNIFORM AUDIT PROCEDURES

Pub. L. 102-240, title I, Sec. 1092, Dec. 18, 1991, 105 Stat.

2024, directed Secretary to establish pilot program to include no

more than 10 States under which any contract or subcontract awarded

in accordance with subsec. (b)(2)(A) of this section was to be

performed and audited in compliance with cost principles contained

in Federal acquisition regulations of part 41 of title 48 of Code

of Federal Regulations, provided for indirect cost rates in lieu of

performing audits, and required each State participating in pilot

program to report to Secretary not later than 3 years after Dec.

18, 1991, on results of program, prior to repeal by Pub. L. 104-59,

title III, Sec. 307(b), Nov. 28, 1995, 109 Stat. 582. See subsec.

(b)(2)(C) to (F) of this section.

EVALUATION OF STATE PROCUREMENT PRACTICES

Pub. L. 102-240, title VI, Sec. 6014, Dec. 18, 1991, 105 Stat.

2181, directed Secretary to conduct a study to evaluate whether or

not current procurement practices of State departments and agencies

were adequate to ensure that highway and transit systems were

designed, constructed, and maintained so as to achieve a high

quality for such systems at the lowest overall cost and, not later

than 2 years after Dec. 18, 1991, to transmit to Congress a report

on the results of the study, together with an assessment of the

need for establishing a national policy on transportation quality

assurance and recommendations for appropriate legislative and

administrative actions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 210 of this title; title

49 section 5325.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 113 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 113. Prevailing rate of wage

-STATUTE-

(a) The Secretary shall take such action as may be necessary to

insure that all laborers and mechanics employed by contractors or

subcontractors on the construction work performed on highway

projects on the Federal-aid highways authorized under the highway

laws providing for the expenditure of Federal funds upon the

Federal-aid systems, shall be paid wages at rates not less than

those prevailing on the same type of work on similar construction

in the immediate locality as determined by the Secretary of Labor

in accordance with sections 3141-3144, 3146, and 3147 of title 40.

(b) In carrying out the duties of subsection (a) of this section,

the Secretary of Labor shall consult with the highway department of

the State in which a project on any of the Federal-aid systems is

to be performed. After giving due regard to the information thus

obtained, he shall make a predetermination of the minimum wages to

be paid laborers and mechanics in accordance with the provisions of

subsection (a) of this section which shall be set out in each

project advertisement for bids and in each bid proposal form and

shall be made a part of the contract covering the project.

(c) The provisions of the section shall not be applicable to

employment pursuant to apprenticeship and skill training programs

which have been certified by the Secretary of Transportation as

promoting equal employment opportunity in connection with

Federal-aid highway construction programs.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 90-495, Sec.

12(a), Aug. 23, 1968, 82 Stat. 821; Pub. L. 97-424, title I, Sec.

149, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 100-17, title I, Sec.

133(b)(5), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102-240, title I,

Sec. 1006(g)(2), Dec. 18, 1991, 105 Stat. 1927; Pub. L. 107-217,

Sec. 3(e)(2), Aug. 21, 2002, 116 Stat. 1299.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-217 substituted "sections

3141-3144, 3146, and 3147 of title 40" for "the Act of March 3,

1931, known as the Davis-Bacon Act (40 U.S.C. 276a)".

1991 - Subsec. (a). Pub. L. 102-240, which directed substitution

of "highways" for "systems, the primary and secondary, as well as

their extension in urban areas, and the Interstate system," was

executed by making the substitution for the quoted words which in

the original contained the word "extensions" rather than

"extension", to reflect the probable intent of Congress.

1987 - Subsec. (a). Pub. L. 100-17 substituted "March 3, 1931"

for "August 30, 1935" and "276a" for "267a".

1983 - Subsec. (a). Pub. L. 97-424 struck out "initial" after

"subcontractors on the".

1968 - Subsec. (a). Pub. L. 90-495 extended wage rate provisions

to the construction of all Federal-aid highway projects by amending

provisions limiting them only to the Interstate System.

Subsec. (b). Pub. L. 90-495 substituted "any of the Federal-aid

systems" for "the Interstate System".

Subsec. (c). Pub. L. 90-495 added subsec. (c).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

23 USC Sec. 114 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 114. Construction

-STATUTE-

(a) Construction Work In General. - The construction of any

highways or portions of highways located on a Federal-aid system

shall be undertaken by the respective State transportation

departments or under their direct supervision. Except as provided

in section 117 (!1) of this title, such construction shall be

subject to the inspection and approval of the Secretary. The

construction work and labor in each State shall be performed under

the direct supervision of the State transportation department and

in accordance with the laws of that State and applicable Federal

laws. Construction may be begun as soon as funds are available for

expenditure pursuant to subsection (a) of section 118 of this

title. After July 1, 1973, the State transportation department

shall not erect on any project where actual construction is in

progress and visible to highway users any informational signs other

than official traffic control devices conforming with standards

developed by the Secretary of Transportation.

(b) Convict Labor and Convict Produced Materials. -

(1) Limitation on convict labor. - Convict labor shall not be

used in construction of highways or portions of highways located

on a Federal-aid system unless it is labor performed by convicts

who are on parole, supervised release, or probation.

(2) Limitation on convict produced materials. - Materials

produced after July 1, 1991, by convict labor may only be used in

such construction -

(A) if such materials are produced by convicts who are on

parole, supervised release, or probation from a prison; or

(B) if such materials are produced by convicts in a qualified

prison facility and the amount of such materials produced in

such facility for use in such construction during any 12-month

period does not exceed the amount of such materials produced in

such facility for use in such construction during the 12-month

period ending July 1, 1987.

(3) Qualified prison facility defined. - As used in this

subsection, "qualified prison facility" means any prison facility

in which convicts, during the 12-month period ending July 1,

1987, produced materials for use in construction of highways or

portions of highways located on a Federal-aid system.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86-657, Sec.

8(f), July 14, 1960, 74 Stat. 525; Pub. L. 93-87, title I, Sec.

115, Aug. 13, 1973, 87 Stat. 258; Pub. L. 97-424, title I, Sec.

148, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 98-473, title II, Sec.

226, Oct. 12, 1984, 98 Stat. 2030; Pub. L. 100-17, title I, Sec.

112(a), (b)(1), Apr. 2, 1987, 101 Stat. 148; Pub. L. 102-240, title

I, Sec. 1019, Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105-178, title

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

-REFTEXT-

REFERENCES IN TEXT

Section 117 of this title, referred to in subsec. (a), relating

to certification acceptance, was repealed and a new section 117,

relating to high priority projects program, was enacted by Pub. L.

105-178, title I, Sec. 1601(a), June 9, 1998, 112 Stat. 255.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178 substituted "State

transportation department" for "State highway department" in two

places and "State transportation departments" for "State highway

departments".

1991 - Subsec. (b)(2). Pub. L. 102-240, inserted "after July 1,

1991," after "Materials produced" in introductory provisions.

1987 - Subsec. (a). Pub. L. 100-17, Sec. 112(b)(1), inserted

heading.

Subsec. (b). Pub. L. 100-17, Sec. 112(b)(1), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

"Convict labor or materials produced by convict labor shall not be

used in such construction unless it is labor performed by convicts

who are on parole or probation."

1984 - Subsec. (b). Pub. L. 98-473 which directed the insertion

of ", supervised release," after "parole" effective Nov. 1, 1987,

was not executed, because of intervening general amendment of

subsec. (b) by Pub. L. 100-17, Sec. 112(a), which contained ",

supervised release," after "parole" wherever appearing.

1983 - Subsec. (b). Pub. L. 97-424 inserted "or materials

produced by convict labor" after "Convict labor".

1973 - Subsec. (a). Pub. L. 93-87 amended last sentence

generally. Prior to amendment, last sentence read as follows: "On

any project where actual construction is in progress and visible to

highway users, the State highway department shall erect such

informational sign or signs as prescribed by the Secretary,

identifying the project and the respective amounts contributed

therefor by the State and Federal Governments."

1960 - Subsec. (a). Pub. L. 86-657 required State highway

departments to erect, on any project where actual construction is

in progress and visible to highway users, such informational sign

or signs as prescribed by the Secretary, identifying the project

and the respective contributions therefor by the State and Federal

Governments.

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 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

this amendment, see section 235(a)(1) of Pub. L. 98-473, set out as

an Effective Date note under section 3551 of Title 18, Crimes and

Criminal Procedure.

MATERIALS PRODUCED BY CONVICT LABOR

Pub. L. 101-162, title II, Sec. 202, Nov. 21, 1989, 103 Stat.

1002, provided that: "During fiscal year 1990 and hereafter,

materials produced by convict labor may be used in the construction

of any highways or portion of highways located on Federal-aid

systems, as described in section 103 of title 23, United States

Code."

Similar fiscal year provisions were contained in the following

appropriation acts:

Pub. L. 100-459, title II, Sec. 202, Oct. 1, 1988, 102 Stat.

2199.

Pub. L. 100-202, Sec. 101(a) [title II, Sec. 202], Dec. 22, 1987,

101 Stat. 1329, 1329-15.

Pub. L. 99-500, Sec. 101(b) [title II, Sec. 202], Oct. 18, 1986,

100 Stat. 1783-39, 1783-51, and Pub. L. 99-591, Sec. 101(b) [title

II, Sec. 202], Oct. 30, 1986, 100 Stat. 3341-39, 3341-51.

Pub. L. 99-180, title II, Sec. 202, Dec. 13, 1985, 99 Stat. 1146.

Pub. L. 98-411, title II, Sec. 202, Aug. 30, 1984, 98 Stat. 1558,

repealed by Pub. L. 100-17, title I, Sec. 112(b)(2), Apr. 2, 1987,

101 Stat. 149.

Pub. L. 98-166, title II, Sec. 202, Nov. 28, 1983, 97 Stat. 1085.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC Sec. 115 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 115. Advance construction

-STATUTE-

(a) Congestion Mitigation and Air Quality Improvement, Surface

Transportation, Bridge, Planning, and Research Projects. -

(1) General rule. - Subject to paragraph (2), when a State -

(A)(i) has obligated all funds apportioned or allocated to it

under section 104(b)(2), 104(b)(3), 104(f), 144, or 505 of this

title, or

(ii) has used or demonstrates that it will use all obligation

authority allocated to it for Federal-aid highways and highway

safety construction, and

(B) proceeds with a project funded under such an

apportionment or allocation without the aid of Federal funds in

accordance with all procedures and all requirements applicable

to such a project, except insofar as such procedures and

requirements limit the State to implementation of projects with

the aid of Federal funds previously apportioned or allocated to

it or limit a State to implementation of a project with

obligation authority previously allocated to it for Federal-aid

highways and highway safety construction,

the Secretary, upon approval of an application of the State, is

authorized to pay to the State the Federal share of the cost of

the project when additional funds are apportioned or allocated to

the State under such section or when additional obligation

authority is allocated to it.

(2) Plans, specifications, and applicable standards. - The

Secretary may only make payments to a State with respect to a

project if -

(A) prior to commencement of the project the Secretary

approves the project in the same manner as the Secretary

approves other projects, and

(B) the project conforms to the applicable standards under

this title.

(b) Interstate and National Highway System Projects. - When a

State proceeds to construct any project on the National Highway

System or the Interstate System without the aid of Federal funds in

accordance with all procedures and all requirements applicable to

such a project, except insofar as such procedures and requirements

limit the State to the construction of projects with the aid of

Federal funds previously apportioned to it, the Secretary, upon

approval of application of the State, is authorized to pay to the

State the Federal share of the cost of construction of the project

when additional funds are apportioned to the State under section

104(b)(1) or 104(b)(4), as the case may be, if -

(1) prior to the construction of the project the Secretary

approves the plans and specifications therefor in the same manner

as other projects, and

(2) the project conforms to the applicable standards under

section 109 of this title.

(c) Inclusion in Transportation Improvement Program. - The

Secretary may approve an application for a project under this

section only if the project is included in the transportation

improvement program of the State developed under section 135(f).

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 90-495, Sec.

25(a), (b), Aug. 23, 1968, 82 Stat. 828, 829; Pub. L. 93-643, Sec.

111, Jan. 4, 1975, 88 Stat. 2285; Pub. L. 96-106, Sec. 4, Nov. 9,

1979, 93 Stat. 797; Pub. L. 97-424, title I, Sec. 113, Jan. 6,

1983, 96 Stat. 2106; Pub. L. 100-17, title I, Sec. 113(a)-(d)(1),

Apr. 2, 1987, 101 Stat. 149, 150; Pub. L. 102-302, Sec. 103, June

22, 1992, 106 Stat. 252; Pub. L. 104-59, title III, Sec. 308, Nov.

28, 1995, 109 Stat. 582; Pub. L. 105-178, title I, Secs.

1103(l)(3)(A), 1106(c)(1)(A), 1226(a), title V, Sec. 5119(d), June

9, 1998, 112 Stat. 126, 136, 452; Pub. L. 105-206, title IX, Sec.

9003(a), July 22, 1998, 112 Stat. 837.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1106(c)(1)(A)(i),

struck out "Substitute," before "Congestion" in heading.

Subsec. (a)(1)(A)(i). Pub. L. 105-178, Secs. 1106(c)(1)(A)(ii),

5119(d), struck out "103(e)(4)(H)," after "under section" and

substituted "or 505" for "or 307".

Subsec. (b). Pub. L. 105-178, Sec. 1226(a)(1), as added by Pub.

L. 105-206, Sec. 9003(a), struck out designation and heading of

par. (1), redesignated subpars. (A) and (B) as pars. (1) and (2),

respectively, realigned margins, and struck out former pars. (2)

and (3), which related to bond interest for projects under

construction on Jan. 1, 1983, and directed that Federal share of

cost of construction would include amount of bond interest but not

in excess of estimated costs over actual costs.

Subsec. (b)(1). Pub. L. 105-178, Sec. 1103(l)(3)(A), substituted

"104(b)(4)" for "104(b)(5)".

Subsecs. (c), (d). Pub. L. 105-178, Sec. 1226(a)(2), (3), as

added by Pub. L. 105-206, Sec. 9003(a), redesignated subsec. (d) as

(c) and struck out heading and text of former subsec. (c). Text

read as follows: "In determining the apportionment for any fiscal

year under the provisions of section 103(e)(4), 104, 134, 144,, or

307 of this title, any such project constructed by a State without

the aid of Federal funds shall not be considered completed until an

application under the provisions of this section with respect to

such project has been approved by the Secretary."

1995 - Subsec. (d). Pub. L. 104-59 amended subsec. (d) generally.

Prior to amendment, subsec. (d) read as follows:

"(d) Limitation on Advanced Funding. - The Secretary may not

approve an application under this section unless an authorization

for section 103(e)(4), 104, 144, or 307 of this title, as the case

may be, is in effect for the fiscal year for which the application

is sought beyond the currently authorized funds for each State. No

applications may be approved which will exceed the State's expected

apportionment of such authorizations."

1992 - Subsec. (a). Pub. L. 102-302, Sec. 103(1), in heading

substituted "Substitute, Congestion Mitigation and Air Quality

Improvement, Surface Transportation, Bridge, Planning, and Research

Projects" for "Substitute, Urban, Secondary, Bridge, Planning,

Research, and Safety Construction Projects".

Subsec. (a)(1)(A)(i). Pub. L. 102-302, Sec. 103(2)(A), added cl.

(i) and struck out former cl. (i) which read as follows: "has

obligated all funds apportioned or allocated to it under section

103(e)(4)(H), section 104(b)(2), section 104(b)(6), section 104(f),

section 130, section 144, section 152, or section 307 of this

title, or".

Subsec. (a)(2)(A). Pub. L. 102-302, Sec. 103(2)(B), added subpar.

(A) and struck out former subpar. (A) which read as follows: "prior

to commencement of the project the Secretary approves the plans and

specifications therefor in the same manner as other projects, and".

Subsec. (a)(3). Pub. L. 102-302, Sec. 103(2)(C), struck out par.

(3) which read as follows: "Limitation with respect to currently

authorized funds. - The Secretary may not approve an application

under this section unless an authorization for section 103(e)(4),

104, 130, 144, 152, or 307 of this title, as the case may be, is in

effect for the fiscal year for which the application is sought

beyond the currently authorized funds for such State. No

application may be approved which will exceed the State's expected

apportionment of such authorizations. This paragraph shall have no

effect during the period beginning January 1, 1987, and ending

September 30, 1990."

Subsec. (b). Pub. L. 102-302, Sec. 103(3), (4), in heading

substituted "National Highway System" for "Primary" and in par. (1)

substituted "National Highway System" for "Federal-aid primary

system".

Subsec. (c). Pub. L. 102-302, Sec. 103(5), struck out "152" after

"144,".

Subsec. (d). Pub. L. 102-302, Sec. 103(6), added subsec. (d) and

struck out former subsec. (d) which read as follows: "Limitation on

Advanced Funding for Fiscal Years 1987-1990. - The Secretary may

not approve an application of a State under this section with

respect to a project with funds apportioned, or currently

authorized to be apportioned, under section 103(e)(4)(H), 104, 130,

144, 152, or 307 if the amount of approved applications with

respect to such projects exceeds the total of unobligated funds

apportioned or allocated to the State under such section, plus such

State's expected apportionment under such section from existing

authorizations plus an amount equal to such State's expected

apportionment under such section (other than section 104(b)(5)(A))

for one additional fiscal year. This subsection shall only be

effective during the period beginning January 1, 1987, and ending

September 30, 1990."

1987 - Pub. L. 100-17, Sec. 113(d)(1)(A), substituted "Advance

construction" for "Construction by States in advance of

apportionment" in section catchline.

Subsec. (a). Pub. L. 100-17, Sec. 113(a), amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

"(1) When a State has obligated all funds apportioned or

allocated to it under section 103(e)(4), 104, or 144 of this title,

other than Interstate funds, and proceeds to construct any highway

substitute, Federal-aid system, or bridge project, respectively,

other than an Interstate project funded under section 104(b)(5) of

this title, without the aid of Federal funds in accordance with all

procedures and all requirements applicable to such a project,

except insofar as such procedures and requirements limit a State to

the construction of projects with the aid of Federal funds

previously apportioned to it, the Secretary, upon application by

such State and his approval of such application, is authorized to

pay to such State the Federal share of the costs of construction of

such project when additional funds are apportioned to such State

under section 103(e)(4), 104, or 144, respectively, of this title

if -

"(A) prior to the construction of the project the Secretary

approves the plans and specifications therefor in the same manner

as other projects, and

"(B) the project conforms to the applicable standards adopted

under section 109 of this title.

"(2) The Secretary may not approve an application under this

section unless an authorization for section 103(e)(4), 104, or 144

of this title, as the case may be, is in effect for the fiscal year

for which the application is sought beyond the currently authorized

funds for such State. No application may be approved which will

exceed the State's expected apportionment of such authorizations."

Subsec. (b). Pub. L. 100-17, Sec. 113(b), inserted heading.

Subsec. (b)(1). Pub. L. 100-17, Sec. 113(b), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "When a

State proceeds to construct any project on the Interstate System

without the aid of Federal funds, as that System may be designated

at that time, in accordance with all procedures and all

requirements applicable to projects on such System, except insofar

as such procedures and requirements limit a State to the

construction of projects with the aid of Federal funds previously

apportioned to it, the Secretary, upon application by such State

and his approval of such application, is authorized to pay to such

State the Federal share of the cost of construction of such project

when additional funds are apportioned to such State under section

104 of this title if -

"(A) prior to the construction of the project the Secretary

approves the plans and specifications therefor in the same manner

as other projects on the Interstate System, and

"(B) the project conforms to the applicable standards under

section 109 of this title."

Subsec. (b)(2), (3). Pub. L. 100-17, Sec. 113(d)(1)(B)-(D),

inserted headings and aligned pars. (2) and (3) with par. (1), as

amended.

Subsec. (c). Pub. L. 100-17, Sec. 113(d)(1)(E), (F), inserted

heading and substituted "134, 144, 152, or 307" for "or 144".

Subsec. (d). Pub. L. 100-17, Sec. 113(c), added subsec. (d).

1983 - Subsec. (a). Pub. L. 97-424, Sec. 113(c), designated

existing provisions as pars. (1) and (2) and designated former

pars. (1) and (2) as subpars. (A) and (B), respectively, of par.

(1); in par. (1) as so redesignated, substituted "When a State has

obligated all funds appropriated or allocated to it under section

103(e)(4), 104, or 144 of this title, other than "interstate funds,

and proceeds to construct any highway substitute, Federal-aid

system, or bridge project, respectively, other than an Interstate

project funded under section 104(b)(5) of this title, without the

aid of Federal funds in accordance with all procedures and all

requirements applicable to such a project, except insofar as such

procedures and requirements limit a State to the construction of

projects with the aid of Federal funds previously apportioned to

it, the Secretary, upon application by such State and his approval

of such application, is authorized to pay to such State the Federal

share of the costs of construction of such project when additional

funds are apportioned to such State under section 103(e)(4), 104,

or 144, respectively, of this title if - ", for "When a State has

obligated all funds for any of the Federal-aid systems, other than

the Interstate System, apportioned to it under section 104 of this

title, and proceeds to construct any project without the aid of

Federal funds, including one or more parts of any project, on any

of the Federal-aid systems in such State, other than the Interstate

System, as any of those systems may be designated at that time, in

accordance with all procedures and all requirements applicable to

projects on any such system, except insofar as such procedures and

requirements limit a State to the construction of projects with the

aid of Federal funds previously apportioned to it, the Secretary,

upon application by such State and his approval of such

application, is authorized to pay to such State the Federal share

of the costs of construction of such project when additional funds

are apportioned to such State under section 104 of this title if -

"; in subpar. (A) thereof struck out "on the Federal-aid system

involved" after "other projects"; and in par. (2) as so designated

inserted "for section 103(e)(4), 104, or 144 of this title, as the

case may be," after "unless authorization", and made a new sentence

of existing provisions, beginning with "No application".

Subsec. (b)(2). Pub. L. 97-424, Sec. 113(a), substituted "1983"

for "1978" wherever appearing.

Subsec. (b)(3). Pub. L. 97-424, Sec. 113(b), added par. (3).

Subsec. (c). Pub. L. 97-424, Sec. 113(d), substituted "section

103(e)(4), 104, or 144" for "section 104" after "provisions of".

1979 - Subsec. (b). Pub. L. 96-106 designated existing provisions

as par. (1) and cls. (1) and (2) thereof as subpars. (A) and (B)

and added par. (2).

1975 - Subsec. (a). Pub. L. 93-643, Sec. 111(a), substituted

"other than the Interstate System" for "including the Interstate

System" in two places.

Subsecs. (b), (c). Pub. L. 93-643, Sec. 111(b), added subsec. (b)

and redesignated former subsec. (b) as (c).

1968 - Subsec. (a). Pub. L. 90-495, Sec. 25(a), extended advance

construction authority to all the Federal-aid highway systems

rather than just the Interstate System but provided that

anticipation of future apportionments by States should only be

permitted for those years for which authorizations have been

established by law.

Subsec. (b). Pub. L. 90-495, Sec. 25(b), struck out reference to

subsec. (b)(5) of section 104 of this title.

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 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. 116 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 116. Maintenance

-STATUTE-

(a) It shall be the duty of the State transportation department

to maintain, or cause to be maintained, any project constructed

under the provisions of this chapter or constructed under the

provisions of prior Acts. The State's obligation to the United

States to maintain any such project shall cease when it no longer

constitutes a part of a Federal-aid system.

(b) In any State wherein the State transportation department is

without legal authority to maintain a project constructed on the

Federal-aid secondary system, or within a municipality, such

highway (!1) department shall enter into a formal agreement for its

maintenance with the appropriate officials of the county or

municipality in which such project is located.

(c) If at any time the Secretary shall find that any project

constructed under the provisions of this chapter, or constructed

under the provisions of prior Acts, is not being properly

maintained, he shall call such fact to the attention of the State

transportation department. If, within ninety days after receipt of

such notice, such project has not been put in proper condition of

maintenance, the Secretary shall withhold approval of further

projects of all types in the State highway district, municipality,

county, other political or administrative subdivision of the State,

or the entire State in which such project is located, whichever the

Secretary deems most appropriate, until such project shall have

been put in proper condition of maintenance.

(d) Preventive Maintenance. - A preventive maintenance activity

shall be eligible for Federal assistance under this title if the

State demonstrates to the satisfaction of the Secretary that the

activity is a cost-effective means of extending the useful life of

a Federal-aid highway.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86-70, Sec.

21(d)(2), (e)(3), June 25, 1959, 73 Stat. 145, 146; Pub. L. 90-495,

Sec. 26, Aug. 23, 1968, 82 Stat. 829; Pub. L. 95-599, title I, Sec.

124(d), Nov. 6, 1978, 92 Stat. 2705; Pub. L. 97-424, title I, Sec.

114, Jan. 6, 1983, 96 Stat. 2107; Pub. L. 100-17, title I, Sec.

125(b)(2), Apr. 2, 1987, 101 Stat. 167; Pub. L. 104-59, title III,

Sec. 309, Nov. 28, 1995, 109 Stat. 582; Pub. L. 105-178, title I,

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

-MISC1-

AMENDMENTS

1998 - Subsecs. (a) to (c). Pub. L. 105-178 substituted "State

transportation department" for "State highway department".

1995 - Subsec. (d). Pub. L. 104-59 added subsec. (d).

1987 - Subsecs. (d), (e). Pub. L. 100-17 struck out subsecs. (d)

and (e) which read as follows:

"(d) The Secretary in consultation with the State highway

departments and interested and knowledgeable private organizations

and individuals shall as soon as possible establish national bridge

inspection standards in order to provide for the proper safety

inspection of bridges. Such standards shall specify in detail the

method by which inspections shall be conducted by the State highway

departments, the maximum time lapse between inspections and the

qualifications for those charged with the responsibility for

carrying out such inspections. Each State shall be required to

maintain written reports to be available to the Secretary pursuant

to such inspections together with a notation of the action taken

pursuant to the findings of such inspections. Each State shall be

required to maintain a current inventory of all bridges.

"(e) The Secretary shall establish in cooperation with the State

highway departments a program designed to train appropriate

employees of the Federal Government and the State governments to

carry out bridge inspections. Such a program shall be revised from

time to time in light of new or improved techniques. For the

purposes of this section the Secretary may use funds made available

pursuant to the provisions of section 104(a) and section 307(a) of

this title."

1983 - Subsec. (c). Pub. L. 97-424 substituted "State highway

district, municipality, county, other political or administrative

subdivision of the State, or the entire State in which such project

is located, whichever the Secretary deems most appropriate," for

"entire State" after "all types in the", and struck out exception

for a situation where such project was subject to an agreement

pursuant to subsection (b) of this section, in which case approval

was to have been withheld only for secondary or urban projects in

the county or municipality where such project is located.

1978 - Subsec. (d). Pub. L. 95-599 struck out provisions limiting

provisions of the subsection to the Federal-aid system.

1968 - Subsecs. (d), (e). Pub. L. 90-495 added subsecs. (d) and

(e).

1959 - Subsec. (a). Pub. L. 86-70, Sec. 21(e)(3), substituted

"It" for "Except as provided in subsection (d) of this section,

it".

Subsec. (d). Pub. L. 86-70, Sec. 21(d)(2), repealed subsec. (d)

which related to expenditure of funds apportioned to the Territory

of Alaska and contributed by the Territory for the maintenance of

roads.

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.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by section 21(d)(2) of Pub. L. 86-70 effective July 1,

1959, see section 21(d) of Pub. L. 86-70, set out as a note under

section 103 of this title.

Amendment by section 21(e)(3) of Pub. L. 86-70 effective July 1,

1959, see section 21(e) of Pub. L. 86-70, set out as a note under

section 101 of this title.

ESTABLISHMENT OF MINIMUM FEDERAL GUIDELINES FOR MAINTENANCE; STUDY

BY NATIONAL ACADEMY OF SCIENCES AND REPORT

Section 163 of Pub. L. 100-17 directed Secretary to enter into

appropriate arrangements with the National Academy of Sciences to

conduct a complete investigation of the appropriateness of

establishing minimum Federal guidelines for maintenance of the

Federal-aid primary, secondary, and urban systems and, not later

than 18 months after entering into appropriate arrangements, the

National Academy of Sciences was to submit to Secretary and

Congress a report on the results of the investigation and study

together with recommendations (including legislative and

administrative recommendations) concerning establishment of minimum

Federal guidelines for maintenance of the Federal-aid primary,

secondary, and urban systems.

-FOOTNOTE-

(!1) So in original. Probably should be "transportation". See 1998

Amendment note.

-End-

-CITE-

23 USC Sec. 117 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 117. High priority projects program

-STATUTE-

(a) Authorization of High Priority Projects. - The Secretary is

authorized to carry out high priority projects with funds made

available to carry out the high priority projects program under

this section. Of amounts made available to carry out this section,

the Secretary, subject to subsection (b), shall make available to

carry out each project described in section 1602 of the

Transportation Equity Act for the 21st Century the amount listed

for such project in such section. Any amounts made available to

carry out such program that are not allocated for projects

described in such section shall be available to the Secretary,

subject to subsection (b), to carry out such other high priority

projects as the Secretary determines appropriate.

(b) Allocation Percentages. - For each project to be carried out

with funds made available to carry out the high priority projects

program under this section -

(1) 11 percent of such amount shall be available for obligation

beginning in fiscal year 1998;

(2) 15 percent of such amount shall be available for obligation

beginning in fiscal year 1999;

(3) 18 percent of such amount shall be available for obligation

beginning in fiscal year 2000;

(4) 18 percent of such amount shall be available for obligation

beginning in fiscal year 2001;

(5) 19 percent of such amount shall be available for obligation

beginning in fiscal year 2002; and

(6) 19 percent of such amount shall be available for obligation

beginning in fiscal year 2003.

(c) Federal Share. - The Federal share payable on account of any

project carried out with funds made available to carry out this

section shall be 80 percent of the total cost thereof; except that

the Federal share on account of the project to be carried out under

item 1419 of the table contained in section 1602 of the

Transportation Equity Act for the 21st Century (112 Stat. 309),

relating to reconstruction of a road and causeway in Shiloh

Military Park in Hardin County, Tennessee, shall be 100 percent of

the total cost thereof.

(d) Delegation to States. - Subject to the provisions of this

title, the Secretary shall delegate responsibility for carrying out

a project or projects, with funds made available to carry out this

section, to the State in which such project or projects are located

upon request of such State.

(e) Advance Construction. - When a State which has been delegated

responsibility for a project under this section -

(1) has obligated all funds allocated under this section and

section 1602 of the Transportation Equity Act for the 21st

Century for such project; and

(2) proceeds to construct such project without the aid of

Federal funds in accordance with all procedures and all

requirements applicable to such project, except insofar as such

procedures and requirements limit the State to the construction

of projects with the aid of Federal funds previously allocated to

it;

the Secretary, upon the approval of the application of a State,

shall pay to the State the Federal share of the cost of

construction of the project when additional funds are allocated for

such project under this section and section 1602 of the

Transportation Equity Act for the 21st Century.

(f) Period of Availability. - Funds made available to carry out

this section shall remain available until expended.

(g) Availability of Obligation Limitation. - Obligation authority

attributable to funds made available to carry out this section

shall only be available for the purposes of this section and shall

remain available until obligated pursuant to section 1102(g) of the

Transportation Equity Act for the 21st Century.

(h) Treatment. - Funds allocated to a State in accordance with

this section shall be treated as amounts in addition to the amounts

a State is apportioned under sections 104, 105, and 144 for

programmatic purposes.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1601(a), June 9, 1998, 112

Stat. 255; amended Pub. L. 106-346, Sec. 101(a) [title III, Sec.

363], Oct. 23, 2000, 114 Stat. 1356, 1356A-36.)

-REFTEXT-

REFERENCES IN TEXT

Section 1602 of the Transportation Equity Act for the 21st

Century, referred to in subsecs. (a), (c), and (e), is section 1602

of Pub. L. 105-178, title I, June 9, 1998, 112 Stat. 256, which is

not classified to the Code.

Section 1102(g) of the Transportation Equity Act for the 21st

Century, referred to in subsec. (g), is section 1102(g) of Pub. L.

105-178, which is set out as a note under section 104 of this

title.

-MISC1-

PRIOR PROVISIONS

A prior section 117, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 897;

Pub. L. 93-87, title I, Sec. 116(a), Aug. 13, 1973, 87 Stat. 258;

Pub. L. 94-280, title I, Sec. 116, May 5, 1976, 90 Stat. 436; Pub.

L. 97-449, Sec. 5(d)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L.

102-240, title I, Sec. 1016(f)(2), Dec. 18, 1991, 105 Stat. 1946,

related to certification acceptance, prior to repeal by Pub. L.

105-178, title I, Sec. 1601(a), June 9, 1998, 112 Stat. 255.

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-346 inserted before period at end

"; except that the Federal share on account of the project to be

carried out under item 1419 of the table contained in section 1602

of the Transportation Equity Act for the 21st Century (112 Stat.

309), relating to reconstruction of a road and causeway in Shiloh

Military Park in Hardin County, Tennessee, shall be 100 percent of

the total cost thereof".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 112, 114, 145 of this

title.

-End-

-CITE-

23 USC Sec. 118 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 118. Availability of funds

-STATUTE-

(a) Date Available for Obligation. - Except as otherwise

specifically provided, authorizations from the Highway Trust Fund

(other than the Mass Transit Account) to carry out this title shall

be available for obligation on the date of their apportionment or

allocation or on October 1 of the fiscal year for which they are

authorized, whichever occurs first.

(b) Period of Availability. -

(1) Interstate construction funds. - Funds apportioned or

allocated for Interstate construction in a State (other than

Massachusetts) shall remain available for obligation in that

State until the last day of the fiscal year in which they are

apportioned or allocated. Sums not obligated by the last day of

the fiscal year in which they are apportioned or allocated shall

be allocated to other States, except Massachusetts, at the

discretion of the Secretary. All sums apportioned or allocated on

or after October 1, 1994, shall remain available in the State

until expended. All sums apportioned or allocated to

Massachusetts on or after October 1, 1989, shall remain available

until expended.

(2) Other funds. - Except as otherwise specifically provided,

funds apportioned or allocated pursuant to this title (other than

for Interstate construction) in a State shall remain available

for obligation in that State for a period of 3 years after the

last day of the fiscal year for which the funds are authorized.

Any amounts so apportioned or allocated that remain unobligated

at the end of that period shall lapse.

(c) Set Asides for Interstate Discretionary Projects. -

(1) In general. - Before any apportionment is made under

section 104(b)(4), the Secretary shall set aside $50,000,000 in

fiscal year 1998 and $100,000,000 in each of fiscal years 1999

through 2003 for obligation by the Secretary for projects for

resurfacing, restoring, rehabilitating, and reconstructing any

route or portion thereof on the Interstate System (other than any

highway designated as a part of the Interstate System under

section 139 (as in effect on the day before the date of enactment

of the Transportation Equity Act for the 21st Century)) and any

toll road on the Interstate System not subject to an agreement

under section 119(e) (as in effect on December 17, 1991).

(2) Selection criteria. - The amounts set aside under paragraph

(1) shall be made available by the Secretary to any State

applying for such funds if the Secretary determines that -

(A) the State has obligated or demonstrates that it will

obligate in the fiscal year all of its apportionments under

section 104(b)(4) other than an amount that, by itself, is

insufficient to pay the Federal share of the cost of a project

for resurfacing, restoring, rehabilitating, and reconstructing

the Interstate System that has been submitted by the State to

the Secretary for approval; and

(B) the applicant is willing and able to -

(i) obligate the funds within 1 year of the date the funds

are made available;

(ii) apply the funds to a ready-to-commence project; and

(iii) in the case of construction work, begin work within

90 days after obligation.

(3) Priority consideration for certain projects. - In selecting

projects to fund under paragraph (1), the Secretary shall give

priority consideration to any project the cost of which exceeds

$10,000,000 on any high volume route in an urban area or a high

truck-volume route in a rural area.

(4) Period of availability of discretionary funds. - Sums made

available pursuant to this subsection shall remain available

until expended.

(d) Effect of Release of Funds. - Any Federal-aid highway funds

released by the final payment on a project, or by the modification

of the project agreement, shall be credited to the same program

funding category previously apportioned to the State and shall be

immediately available for expenditure.

(e) (!1) Funds made available to the State of Alaska and the

Commonwealth of Puerto Rico under this title may be expended for

construction of access and development roads that will serve

resource development, recreational, residential, commercial,

industrial, or other like purposes.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 897; Pub. L. 89-574, Sec.

7(a), Sept. 13, 1966, 80 Stat. 768; Pub. L. 94-280, title I, Sec.

117(a), May 5, 1976, 90 Stat. 436; Pub. L. 95-599, title I, Sec.

115(a), Nov. 6, 1978, 92 Stat. 2697; Pub. L. 96-106, Sec. 5(a),

Nov. 9, 1979, 93 Stat. 797; Pub. L. 97-424, title I, Sec. 115, Jan.

6, 1983, 96 Stat. 2107; Pub. L. 100-17, title I, Secs. 114(a)-(c),

(e)(2)-(4), 115, Apr. 2, 1987, 101 Stat. 150-153; Pub. L. 102-240,

title I, Sec. 1020, Dec. 18, 1991, 105 Stat. 1948; Pub. L. 102-388,

title IV, Sec. 409, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 105-178,

title I, Secs. 1106(c)(1)(B), 1107(b), 1226(b), June 9, 1998, 112

Stat. 136, 137; Pub. L. 105-206, title IX, Sec. 9003(a), July 22,

1998, 112 Stat. 837.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Transportation Equity Act for the

21st Century, referred to in subsec. (c)(1), is the date of

enactment of Pub. L. 105-178, which was approved June 9, 1998.

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-178, Sec. 1226(b)(1), as added by

Pub. L. 105-206, Sec. 9003(a), struck out "; Discretionary

Projects" after "Availability" in heading.

Subsec. (c). Pub. L. 105-178, Sec. 1107(b), reenacted heading

without change and amended text of subsec. (c) generally. Prior to

amendment, text related to set asides for interstate discretionary

projects, including set asides for construction projects and for 4R

projects.

Subsec. (d). Pub. L. 105-178, Sec. 1106(c)(1)(B), which directed

the redesignation of subsec. (e) as (d) and the striking out of

former subsec. (d), was executed by redesignating the subsec. (e)

added by Pub. L. 105-178, Sec. 1226(b)(2) as (d), and striking out

former subsec. (d), to reflect the probable intent of Congress.

Former subsec. (d) read as follows: "In addition to amounts

otherwise available to carry out this section, an amount equal to

the amount by which the unobligated apportionment for the

Interstate System in any State is reduced under section 103(e)(4)

of this title on account of the withdrawal of a route or portion

thereof on the Interstate System, which withdrawal is approved

after the date of enactment of this subsection, shall be available

to the Secretary for obligation in accordance with subsection

(b)(1) of this section."

Subsec. (e). Pub. L. 105-178, Sec. 1106(c)(1)(B)(ii),

redesignated subsec. (f) as (e). Subsec. (e) as added by Pub. L.

105-178, Sec. 1226(b)(2), redesignated (d), to reflect the probable

intent of Congress.

Pub. L. 105-178, Sec. 1226(b)(2), as added by Pub. L. 105-226,

Sec. 9003(a), which directed the addition of subsec. (e) and the

striking out of former subsec. (e), was executed by adding subsec.

(e) and striking out the former subsec. (e) as in effect before the

redesignation of subsecs. (e) and (f) as (d) and (e), respectively,

by Pub. L. 105-178, Sec. 1106(c)(1)(B)(ii), to reflect the probable

intent of Congress. Former subsec. (e) read as follows: "The total

payments to any State shall not at any time during a current fiscal

year exceed the total of all apportionments to such State in

accordance with section 104 of this title for such fiscal year and

all preceding fiscal years."

Subsec. (f). Pub. L. 105-178, Sec. 1106(c)(1)(B)(ii),

redesignated subsec. (f) as (e).

1992 - Subsec. (b)(1). Pub. L. 102-388 substituted "construction

in a State (other than Massachusetts)" for "construction in a

State" and "after October 1, 1989" for "before October 1, 1989".

1991 - Subsec. (a). Pub. L. 102-240, Sec. 1020(a), added subsec.

(a) and struck out former subsec. (a) which read as follows: "On

and after the date that the Secretary has certified to each State

highway department the sums apportioned to each Federal-aid system

or part thereof pursuant to an authorization under this title, or

under prior Acts, such sums shall be available for expenditure

under the provisions of this title."

Subsec. (b). Pub. L. 102-240, Sec. 1020(a), added subsec. (b) and

struck out former subsec. (b) which contained provisions relating

to periods of availability of non-Interstate funds, Interstate

construction funds, and funds for resurfacing, restoring,

rehabilitating and reconstructing Interstate System, and provisions

deeming obligation of funds as equivalent to expenditure and

relating to effect of release of funds.

Subsec. (c)(1). Pub. L. 102-240, Sec. 1020(b)(1), (2),

substituted "1992" for "1983" and "$100,000,000" for

"$300,000,000".

Subsec. (c)(2). Pub. L. 102-240, Sec. 1020(b)(3), added par. (2)

and struck out former par. (2) which read as follows: "Set aside

for 4r projects. - Before any apportionment is made under section

104(b)(5)(B) of this title, the Secretary shall set aside

$200,000,000 for obligation by the Secretary in accordance with

subsection (b)(3) of this section and subject to section 149(d) of

the Federal-Aid Highway Act of 1987."

Subsec. (d). Pub. L. 102-240, Sec. 1020(c), substituted "(b)(1)"

for "(b)(2)".

Subsec. (f). Pub. L. 102-240, Sec. 1020(d), struck out "on a

Federal-aid system" after "roads".

1987 - Pub. L. 100-17, Sec. 114(e)(2), substituted "Availability

of funds" for "Availability of sums apportioned" in section

catchline.

Subsec. (b). Pub. L. 100-17, Sec. 114(e)(3)(A), inserted heading.

Subsec. (b)(1). Pub. L. 100-17, Sec. 114(e)(3)(B), (D), inserted

heading and aligned par. (1) with par. (2) as amended.

Subsec. (b)(2). Pub. L. 100-17, Sec. 114(a), amended par. (2)

generally, revising and restating as subpars. (A) to (F) provisions

formerly contained in an undivided paragraph.

Subsec. (b)(3). Pub. L. 100-17, Sec. 114(c), amended par. (3)

generally, revising and restating as subpars. (A) to (D) provisions

formerly contained in an undivided paragraph.

Subsec. (b)(4). Pub. L. 100-17, Sec. 114(e)(3)(C), (D), inserted

heading and aligned par. (4) with par. (2) as amended.

Subsec. (c). Pub. L. 100-17, Sec. 114(b), (e)(4), inserted

heading, designated existing provisions as par. (1), inserted par.

(1) heading, substituted "Subject to section 149(d) of the

Federal-Aid Highway Act of 1987, such amount" for "Such amount" in

par. (1), added par. (2), and aligned par. (1) with par. (2).

Subsec. (f). Pub. L. 100-17, Sec. 115, inserted "and the

Commonwealth of Puerto Rico" after "the State of Alaska".

1983 - Subsec. (b). Pub. L. 97-424, Sec. 115(a), designated

existing provisions as pars. (1) through (4), in par. (2) as so

designated, substituted "for projects on the Interstate System

(other than projects for which sums are apportioned under section

104(b)(5)(B)) in accordance with the following priorities: First,

for high cost projects which directly contribute to the completion

of an Interstate segment which is not open to traffic; and second,

for projects of high cost in relation to a State's apportionment.

Sums may only be made available under this paragraph in any State"

for "to any other State applying for such funds for the Interstate

System," after "available by the Secretary", struck out former cl.

(1), which had required readiness to obligate funds within one year

of the date the funds are made available, redesignated former cls.

(2) and (3) as (A) and (B), respectively; and in par. (3) as so

designated, struck out "and any amounts so apportioned remaining

unexpended at the end of such period shall lapse" after "such sums

are authorized", inserted provision relating to the disposition of

funds not obligated within the prescribed time period, and inserted

further provision that sums made available under this paragraph

shall remain available until expended.

Subsecs. (c) to (f). Pub. L. 97-424, Sec. 115(b), added subsecs.

(c) and (d) and redesignated former subsecs. (c) and (d) as (e) and

(f), respectively.

1979 - Subsec. (b). Pub. L. 96-106 substituted "shall continue to

be available for expenditure in that State for a period of two

years after the close of the fiscal year for which such sums are

authorized and any amounts so apportioned remaining unexpended at

the end of such period shall lapse" for "remaining unexpended at

the end of the period of its availability shall lapse".

1978 - Subsec. (b). Pub. L. 95-599 substituted provisions

relating to the availability of funds until the end of the fiscal

year for provisions relating to the availability of funds until two

years after the close of the fiscal year and substituted provisions

establishing requirements for eligibility for funds for provisions

calling for immediate reapportionment of unexpended funds.

1976 - Subsec. (b). Pub. L. 94-280, in revising text, provided

for a separate three year period of availability of sums

apportioned to a Federal-aid system (other than the Interstate

System), increased from the previously applicable two year period;

continued the existing two year period for sums apportioned to the

Interstate System; substituted provision for reapportionment of

sums, apportioned to the States for the Interstate System under

section 104(b)(4)(A), under section 104(b)(5)(A) of this title and

for lapse of sums apportioned to the Interstate System under

section 104(b)(4)(B) of this title for prior provision for

reapportionment of sums, apportioned to the States for the

Interstate System under section 104(b)(4) and (5), under section

104(b)(5) of this title; and substituted provisions deeming there

to be an expenditure of sums apportioned to a Federal-aid system if

a sum equal to the total of the sums apportioned to the State for

the fiscal year and previous fiscal years is obligated for prior

provision deeming an expenditure to exist if a sum equal to the

total of the sums apportioned to the States for the fiscal year and

previous fiscal years is covered by formal project agreements

providing for the expenditure of funds authorized by each Act which

contains provisions authorizing the appropriation of funds for

Federal-aid highways.

1966 - Subsec. (d). Pub. L. 89-574 added subsec. (d).

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 1979 AMENDMENT

Section 5(b) of Pub. L. 96-106 provided that: "The amendment made

by subsection (a) of this section [amending this section] shall

apply to all amounts apportioned under section 104(b)(5)(B) of

title 23, United States Code, for the fiscal year 1978 and for

subsequent fiscal years."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 114, 127, 159, 163,

322 of this title; title 40 section 14501; title 49 section 31314.

-FOOTNOTE-

(!1) See 1998 Amendment note below.

-End-

-CITE-

23 USC Sec. 119 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 119. Interstate maintenance program

-STATUTE-

(a) In General. -

(1) Projects. - The Secretary may approve projects for

resurfacing, restoring, rehabilitating, and reconstructing -

(A) routes on the Interstate System designated under section

103(c)(1) and, in Alaska and Puerto Rico, under section

103(c)(4)(A);

(B) routes on the Interstate System designated before the

date of enactment of the Transportation Equity Act for the 21st

Century under subsections (a) and (b) of section 139 (as in

effect on the day before the date of enactment of such Act);

and

(C) any segments that become part of the Interstate System

under section 1105(e)(5) of the Intermodal Surface

Transportation Efficiency Act of 1991.

(2) Toll roads. - The Secretary may approve a project pursuant

to this subsection on a toll road only if such road is subject to

a Secretarial agreement provided for in section 129 or continued

in effect by section 1012(d) of the Intermodal Surface

Transportation Efficiency Act of 1991 (105 Stat. 1939) and not

voided by the Secretary under section 120(c) of the Surface

Transportation and Uniform Relocation Assistance Act of 1987 (101

Stat. 159).

(3) Funding. - Sums authorized to be appropriated to carry out

this section shall be out of the Highway Trust Fund and shall be

apportioned in accordance with section 104(b)(4).

(b) Transfer of Interstate Construction Apportionments. - Upon

application by a State (other than the State of Massachusetts) and

approval by the Secretary, the Secretary may transfer to the

apportionments to such State under section 104(b)(1) or 104(b)(4)

any amount of the funds apportioned to such State for any fiscal

year under section 104(b)(5)(A) (as in effect on the date before

the date of enactment of the Transportation Equity Act for the 21st

Century) if such amount does not exceed the Federal share of the

costs of construction of segments of the Interstate System open to

traffic in such State (other than high occupancy vehicle lanes)

included in the most recent interstate cost estimate. Upon transfer

of such amount, the construction on which such amount is based on

open-to-traffic segments of the Interstate System in such State as

included in the latest interstate cost estimate shall be ineligible

and shall not be included in future interstate cost estimates

approved or adjusted under section 104(b)(5)(A) (as in effect on

the date before the date of enactment of the Transportation Equity

Act for the 21st Century).

(c) Transfer of Funds for Surface Transportation Program

Projects. -

(1) Upon certification acceptance. - If a State certifies to

the Secretary that any part of the sums apportioned to the State

under section 104(b)(4) of this title are in excess of the needs

of the State for resurfacing, restoring, or rehabilitating

Interstate System routes and the State is adequately maintaining

the Interstate System and the Secretary accepts such

certification, the State may transfer such excess part to its

apportionment under sections 104(b)(1) and 104(b)(3).

(2) Unconditional. - Notwithstanding paragraph (1), a State may

transfer to its apportionment under sections 104(b)(1) and

104(b)(3) of this title -

(A) in fiscal year 1987, an amount not to exceed 20 percent

of the funds apportioned to the State under section 104(b)(4)

which are not obligated at the time of the transfer; and

(B) in any fiscal year thereafter, an amount not to exceed 20

percent of the funds apportioned to the State under section

104(b)(4) for such fiscal year.

(d) Limitation on New Capacity. - Notwithstanding any other

provision of this title, the portion of the cost of any project

undertaken pursuant to this section that is attributable to the

expansion of the capacity of any Interstate highway or bridge,

where such new capacity consists of one or more new travel lanes

that are not high-occupancy vehicle lanes or auxiliary lanes, shall

not be eligible for funding under this section.

-SOURCE-

(Added Pub. L. 95-599, title I, Sec. 116(a), Nov. 6, 1978, 92 Stat.

2698; amended Pub. L. 96-106, Sec. 18, Nov. 9, 1979, 93 Stat. 799;

Pub. L. 97-134, Secs. 6, 7, Dec. 29, 1981, 95 Stat. 1701; Pub. L.

97-424, title I, Sec. 116(a)(1), (2), (b), (c), Jan. 6, 1983, 96

Stat. 2109; Pub. L. 98-229, Sec. 8(b), Mar. 9, 1984, 98 Stat. 56;

Pub. L. 99-190, Sec. 101(e) [title III, Sec. 327], Dec. 19, 1985,

99 Stat. 1267, 1289; Pub. L. 100-17, title I, Sec. 116(a)-(c)(1),

Apr. 2, 1987, 101 Stat. 154, 155; Pub. L. 100-202, Sec. 101(l)

[title III, Sec. 347(b)], Dec. 22, 1987, 101 Stat. 1329-358,

1329-388; Pub. L. 102-240, title I, Sec. 1009(a), (b), (e)(1),

(3)-(5), Dec. 18, 1991, 105 Stat. 1933, 1934; Pub. L. 105-178,

title I, Sec. 1107(a), (d), June 9, 1998, 112 Stat. 137; Pub. L.

105-206, title IX, Sec. 9002(f), July 22, 1998, 112 Stat. 836.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Transportation Equity Act for the

21st Century, referred to in subsecs. (a)(1)(B) and (b), is the

date of enactment of Pub. L. 105-178, which was approved June 9,

1998.

Section 1105(e)(5) of the Intermodal Surface Transportation

Efficiency Act of 1991, referred to in subsec. (a)(1)(C), is

section 1105(e)(5) of Pub. L. 102-240 (see 109 Stat. 597) which is

not classified to the Code.

Section 1012(d) of the Intermodal Surface Transportation

Efficiency Act of 1991, referred to in subsec. (a)(2), is section

1012(d) of Pub. L. 102-240, which is set out as a note under

section 129 of this title.

Section 120(c) of the Surface Transportation and Uniform

Relocation Assistance Act of 1987, referred to in subsec. (a)(2),

is section 120(c) of Pub. L. 100-17, which is not classified to the

Code.

-MISC1-

PRIOR PROVISIONS

A prior section 119, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 899,

related to administration of Federal aid for highways in Alaska,

prior to repeal by Pub. L. 86-70, Sec. 21(d)(3), June 25, 1959, 73

Stat. 145, effective July 1, 1959.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1107(a)(1), added

subsec. (a) and struck out former subsec. (a) which read as

follows: "The Secretary may approve projects for resurfacing,

restoring and rehabilitating routes on the Interstate System

designated under sections 103 and 139(c) of this title and routes

on the Interstate System designated before the date of enactment of

this sentence under section 139(a) and (b) of this title; except

that the Secretary may only approve a project pursuant to this

subsection on a toll road if such road is subject to a Secretarial

agreement provided for in subsection (e). Sums authorized to be

appropriated for this section shall be out of the Highway Trust

Fund and shall be apportioned in accordance with section

104(b)(5)(B) of this title."

Subsec. (b). Pub. L. 105-178, Sec. 1107(d)(1), as added by Pub.

L. 105-206, Sec. 9002(f), substituted "104(b)(4)" for

"104(b)(5)(B)" in first sentence and "104(b)(5)(A) (as in effect on

the date before the date of enactment of the Transportation Equity

Act for the 21st Century)" for "104(b)(5)(A)" in two places.

Pub. L. 105-178, Sec. 1107(a)(2), (3), redesignated subsec. (d)

as (b) and struck out former subsec. (b) which read as follows:

"Not later than one year after the date of issuance of initial

guidelines under section 109(m) of this title each State shall have

a program for the Interstate system in accordance with such

guidelines. Each State shall certify on January 1st of each year

that it has such a program and the Interstate system is maintained

in accordance with that program. If a State fails to certify as

required or if the Secretary determines a State is not adequately

maintaining the Interstate system in accordance with such program

then the next apportionment of funds to such State for the

Interstate system 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. If, within one year from the

date the apportionment for a State is reduced under this

subsection, the Secretary determines that such State is maintaining

the Interstate system in accordance with the guidelines the

apportionment of such State shall be increased by an amount equal

to the reduction. If the Secretary does not make such a

determination within such one year period the amount so withheld

shall be reapportioned to all other eligible States."

Subsec. (c). Pub. L. 105-178, Sec. 1107(d)(2), as added by Pub.

L. 105-206, Sec. 9002(f), substituted "104(b)(4)" for

"104(b)(5)(B)" wherever appearing.

Pub. L. 105-178, Sec. 1107(a)(2), (3), redesignated subsec. (f)

as (c) and struck out heading and text of former subsec. (c). Text

read as follows: "Activities authorized in subsection (a) may

include the reconstruction of bridges, interchanges, and over

crossings along existing Interstate routes, including the

acquisition of right-of-way where necessary, but shall not include

the construction of new travel lanes other than high occupancy

vehicle lanes or auxiliary lanes."

Subsec. (d). Pub. L. 105-178, Sec. 1107(a)(3), redesignated

subsec. (g) as (d). Former subsec. (d) redesignated (b).

Subsec. (e). Pub. L. 105-178, Sec. 1107(a)(2), struck out heading

and text of subsec. (e). Text read as follows: "Preventive

maintenance activities shall be eligible under this section when a

State can demonstrate, through its pavement management system, that

such activities are a cost-effective means of extending Interstate

pavement life."

Subsecs. (f), (g). Pub. L. 105-178, Sec. 1107(a)(3), redesignated

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

1991 - Pub. L. 102-240, Sec. 1009(e)(1), substituted "maintenance

program" for "System resurfacing" in section catchline.

Subsec. (a). Pub. L. 102-240, Sec. 1009(e)(5)(A), (B),

substituted "and rehabilitating" for ", rehabilitating, and

reconstructing" and struck out at end "The Federal share for any

project under this subsection shall be that set forth in section

120(c) of this title."

Subsec. (c). Pub. L. 102-240, Sec. 1009(e)(3), amended subsec.

(c) generally. Prior to amendment, subsec. (c) read as follows:

"Reconstructing as authorized in subsection (a) of this section may

include, but is not limited to, the addition of travel lanes and

the construction and reconstruction of interchanges and

overcrossings along existing completed interstate routes, including

the acquisition of right-of-way where necessary."

Subsec. (e). Pub. L. 102-240, Sec. 1009(e)(4), amended subsec.

(e) generally, substituting present provisions for provisions

authorizing Secretary to approve projects on toll roads only after

reaching agreement with State highway department and public

authorities that road will become free 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

collections, provisions relating to repayment to Federal Treasury,

or reduction in apportionment, if road did not become free after

collection of sufficient tolls, and provisions requiring

pre-existing agreements to be treated as agreements under subsec.

(e).

Subsec. (f). Pub. L. 102-240, Sec. 1009(e)(5)(C), substituted

"Surface Transportation Program" for "Primary System" in heading.

Subsec. (f)(1). Pub. L. 102-240, Sec. 1009(b), (e)(5)(D), (E),

substituted "or rehabilitating" for "rehabilitating, or

reconstructing", substituted "sections 104(b)(1) and 104(b)(3)" for

"section 104(b)(1)", and inserted "the State is adequately

maintaining the Interstate System and" after "routes and".

Subsec. (f)(2). Pub. L. 102-240, Sec. 1009(e)(5)(E), substituted

"sections 104(b)(1) and 104(b)(3)" for "section 104(b)(1)" in

introductory provisions.

Subsec. (g). Pub. L. 102-240, Sec. 1009(a), added subsec. (g).

1987 - Subsec. (a). Pub. L. 100-17, Sec. 116(c)(1), substituted

"subsection (e)" for "section 105 of the Federal-Aid Highway Act of

1978".

Subsec. (d). Pub. L. 100-17, Sec. 116(a), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "Upon

application by a State and approval by the Secretary, the Secretary

may authorize the transfer of so much of the amount apportioned to

such State for any fiscal year under paragraph (5)(A) of subsection

(b) of section 104 of this title, as does not exceed the Federal

share of the cost of segments of the Interstate System open to

traffic in such State (other than high occupancy vehicle lanes), in

the most recent cost estimate, to the apportionment under paragraph

(5)(B) of subsection (b) of section 104 of this title, except that

not more than 50 per centum of the total apportionment under such

paragraph (5)(A) for a fiscal year shall be transferred under this

subsection for such fiscal year. The next cost estimate submitted

to Congress under paragraph (5)(A) of subsection (b) of such

section 104 of the cost of completing segments of the Interstate

System open to traffic in that State (other than high occupancy

vehicle lanes) shall be reduced for such State in an amount equal

to the amount transferred under this subsection. Notwithstanding

any other provision of law, and for the purposes of this

subsection, the phrase 'segments of the interstate system open to

traffic' shall include a proposed four-lane, limited access

highway, 6.4 miles in length, the construction of which will

relocate to a southern alignment a portion of an existing

interstate highway which was originally built without the aid of

funds authorized by section 108(b) of the Federal-Aid Highway Act

of 1956, as amended, and which connects to the east with an

interstate highway on which tolls are charged. The construction of

the proposed highway shall include a bridge over the Monongahela

River."

Subsec. (e). Pub. L. 100-17, Sec. 116(b), added subsec. (e).

Subsec. (f). Pub. L. 100-202 substituted "amount not to exceed"

for "amount equal to" in par. (2)(B).

Pub. L. 100-17, Sec. 116(b), added subsec. (f).

1985 - Subsec. (d). Pub. L. 99-190 inserted provisions which

brought within the phrase "segments of the interstate system open

to traffic" a proposed four-lane limited access highway, 6.4 miles

in length, the construction of which will relocate to a southern

alignment a portion of an existing highway originally built without

the aid of Federal funds, connecting to the east with an interstate

highway on which tolls are charged, with the proposed highway to

include a bridge over the Monongahela River.

1984 - Subsec. (a). Pub. L. 98-229 substituted provision

authorizing the Secretary to approve projects designated under

sections 103 and 139(c) of this title and routes on the Interstate

System designated before Mar. 9, 1984, under section 139(a) and (b)

of this title for provision authorizing the Secretary, beginning

with funds apportioned for the fiscal year 1980, to approve

projects under sections 103 and 139(c) of this title and, beginning

with funds apportioned for fiscal year 1984, to approve routes or

portions thereof on the Interstate System designated before Jan. 6,

1983, under section 139(a) of this title, which routes or portions

were so designated in conjunction with the withdrawal of approval

of another route or portion on the Interstate System under section

103(e)(4) of this title and provision that the Federal share be

that as set forth in section 120(c) of this title for provision

that the Federal share be that as set forth in section 120(a) of

this title and that effective on or after Dec. 29, 1981, the

Federal share be that as set forth in section 120(c) of this title.

1983 - Subsec. (a). Pub. L. 97-424, Sec. 116(a)(1), inserted

provision that, additionally, beginning with funds apportioned for

fiscal year 1984, the Secretary may approve projects for

resurfacing, restoring, rehabilitating, and reconstructing those

routes or portions thereof on the Interstate System designated

before Jan. 6, 1983, under section 139(a) of this title (other than

routes on toll roads not subject to a Secretarial agreement

provided for in section 105 of the Federal-Aid Highway Act of 1978)

which routes or portions were so designated in conjunction with the

withdrawal of approval of another route or portion thereof on the

Interstate System under section 103(e)(4) of this title.

Pub. L. 97-424, Sec. 116(a)(2), substituted "under this

subsection" for "designated under sections 103 and 139(c) of this

title" before "shall be that set forth in section 120(c) of this

title".

Subsecs. (b), (c). Pub. L. 97-424, Sec. 116(b), redesignated the

second of two sections designated (b) as (c).

Subsec. (d). Pub. L. 97-424, Sec. 116(c), added subsec. (d).

1981 - Subsec. (a). Pub. L. 97-134, Secs. 6(a), 7, substituted

"rehabilitating, and reconstructing routes of the Interstate System

designated under sections 103 and 139(c) of this title" for "and

rehabilitating those lanes in use for more than five years on the

Interstate System", and inserted provision that effective on and

after Dec. 29, 1981, the Federal share for projects financed by

funds apportioned under section 104(b)(5)(B) of this title for

resurfacing, restoring, rehabilitating, and reconstructing routes

of the Interstate System designated under sections 103 and 139(c)

of this title shall be that set forth in section 120(c) of this

title.

Subsec. (b). Pub. L. 97-134, Sec. 6(b), added subsec. (b)

providing that reconstruction may include the addition of travel

lanes and the construction and reconstruction of interchanges and

overcrossings along existing completed interstate routes, including

the acquisition of right-of-way where necessary.

1979 - Subsec. (b). Pub. L. 96-106 substituted "January 1st" for

"October 1st" and "next apportionment of funds to such State" for

"funds apportioned to such State for that fiscal year".

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.

INTERSTATE NEEDS STUDY

Pub. L. 105-178, title I, Sec. 1107(c), June 9, 1998, 112 Stat.

138, provided that:

"(1) Study. - The Secretary shall conduct, in cooperation with

States and affected metropolitan planning organizations, a study to

determine -

"(A) the expected condition of the Interstate System over the

next 10 years and the needs of States and metropolitan planning

organizations to reconstruct and improve the Interstate System;

"(B) the resources necessary to maintain and improve the

Interstate System; and

"(C) the means to ensure that the Nation's surface

transportation program can -

"(i) address the needs identified in subparagraph (A); and

"(ii) allow for States to address any extraordinary needs.

"(2) Report. - Not later than January 1, 2000, the Secretary

shall transmit to Congress a report on the results of the study."

GUIDANCE TO STATES

Section 1009(c) of Pub. L. 102-240 provided that: "The Secretary

shall develop and make available to the States criteria for

determining -

"(1) what share of any project funded under section 119 of

title 23, United States Code, is attributable to the expansion of

the capacity of an Interstate highway or bridge; and

"(2) what constitutes adequate maintenance of the Interstate

System for the purposes of section 119(f)(1) of title 23, United

States Code."

INNOVATIVE TECHNOLOGIES

Section 142 of Pub. L. 97-424 provided that:

"(a) The Congress hereby finds and declares that it is in the

national interest to encourage and promote utilization by the

States of highway and bridge surfacing, resurfacing, or restoration

materials which are produced from recycled materials or which

contain asphalt additives to strengthen the materials. Such

materials conserve energy and reduce the cost of resurfacing or

restoring our highways.

"(b) The Secretary of Transportation is hereby authorized for

each of the fiscal years through September 30, 1985, to increase

the Federal share as provided in sections 119, 120, and 144 of

title 23, United States Code, by 5 per centum of any project

submitted by the State highway departments which contains in the

plans, specifications, and estimates submitted pursuant to section

106, of title 23, United States Code, the use of the materials

described in subsection (a). To be eligible for such supplemental

Federal assistance, significant amounts of asphalt additives or

recycled materials must be used in each project approved by the

Secretary.

"(c) The Secretary shall establish a procedure within ninety days

of the date of enactment of this Act [Jan. 6, 1983] for increasing

the Federal share under this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 118, 129 of this title.

-End-

-CITE-

23 USC Sec. 120 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 120. Federal share payable

-STATUTE-

(a) Interstate System Projects. -

(1) In general. - Except as otherwise provided in this chapter,

the Federal share payable on account of any project on the

Interstate System (including a project to add high occupancy

vehicle lanes and a project to add auxiliary lanes but excluding

a project to add any other lanes) shall be 90 percent of the

total cost thereof, plus a percentage of the remaining 10 percent

of such cost in any State containing unappropriated and

unreserved public lands and nontaxable Indian lands, individual

and tribal, exceeding 5 percent of the total area of all lands

therein, equal to the percentage that the area of such lands in

such State is of its total area; except that such Federal share

payable on any project in any State shall not exceed 95 percent

of the total cost of such project.

(2) State-determined lower federal share. - In the case of any

project subject to paragraph (1), a State may determine a lower

Federal share than the Federal share determined under such

paragraph.

(b) Other Projects. - Except as otherwise provided in this title,

the Federal share payable on account of any project or activity

carried out under this title (other than a project subject to

subsection (a)) shall be -

(1) 80 percent of the cost thereof, except that in the case of

any State containing nontaxable Indian lands, individual and

tribal, and public domain lands (both reserved and unreserved)

exclusive of national forests and national parks and monuments,

exceeding 5 percent of the total area of all lands therein, the

Federal share, for purposes of this chapter, shall be increased

by a percentage of the remaining cost equal to the percentage

that the area of all such lands in such State, is of its total

area; or

(2) 80 percent of the cost thereof, except that in the case of

any State containing nontaxable Indian lands, individual and

tribal, public domain lands (both reserved and unreserved),

national forests, and national parks and monuments, the Federal

share, for purposes of this chapter, shall be increased by a

percentage of the remaining cost equal to the percentage that the

area of all such lands in such State is of its total area;

except that the Federal share payable on any project in a State

shall not exceed 95 percent of the total cost of any such project.

In any case where a State elects to have the Federal share provided

in paragraph (2) of this subsection, the State must enter into an

agreement with the Secretary covering a period of not less than 1

year, requiring such State to use solely for purposes eligible for

assistance under this title (other than paying its share of

projects approved under this title) during the period covered by

such agreement the difference between the State's share as provided

in paragraph (2) and what its share would be if it elected to pay

the share provided in paragraph (1) for all projects subject to

such agreement. In the case of any project subject to this

subsection, a State may determine a lower Federal share than the

Federal share determined under the preceding sentences of this

subsection.

(c) Increased Federal Share for Certain Safety Projects. - The

Federal share payable on account of any project for traffic control

signalization, safety rest areas, pavement marking, commuter

carpooling and vanpooling, rail-highway crossing closure, or

installation of traffic signs, traffic lights, guardrails, impact

attenuators, concrete barrier endtreatments, breakaway utility

poles, or priority control systems for emergency vehicles or

transit vehicles at signalized intersections may amount to 100

percent of the cost of construction of such projects; except that

not more than 10 percent of all sums apportioned for all the

Federal-aid systems for any fiscal year in accordance with section

104 of this title shall be used under this subsection. In this

subsection, the term "safety rest area" means an area where motor

vehicle operators can park their vehicles and rest, where food,

fuel, and lodging services are not available, and that is located

on a segment of highway with respect to which the Secretary

determines there is a shortage of public and private areas at which

motor vehicle operators can park their vehicles and rest.

(d) The Secretary may rely on a statement from the Secretary of

the Interior as to the area of the lands referred to in subsections

(a) and (b) of this section. The Secretary of the Interior is

authorized and directed to provide such statement annually.

(e) Emergency Relief. - The Federal share payable on account of

any repair or reconstruction provided for by funds made available

under section 125 of this title on account of any project on a

Federal-aid highway, including the Interstate System, shall not

exceed the Federal share payable on a project on such system (!1)

as provided in subsections (a) and (b) of this section; except that

(1) the Federal share payable for eligible emergency repairs to

minimize damage, protect facilities, or restore essential traffic

accomplished within 180 days after the actual occurrence of the

natural disaster or catastrophic failure may amount to 100 percent

of the costs thereof; and (2) the Federal share payable on account

of any 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 may amount to 100 percent of the cost

thereof. The total cost of a project may not exceed the cost of

repair or reconstruction of a comparable facility. As used in this

section with respect to bridges and in section 144 of this title,

"a comparable facility" shall mean a facility which meets the

current geometric and construction standards required for the types

and volume of traffic which such facility will carry over its

design life.

(f) The Secretary is authorized to cooperate with the State

transportation departments and with the Department of the Interior

in the construction of Federal-aid highways within Indian

reservations and national parks and monuments under the

jurisdiction of the Department of the Interior and to pay the

amount assumed therefor from the funds apportioned in accordance

with section 104 of this title to the State wherein the

reservations and national parks and monuments are located.

(g) At the request of any State, the Secretary may from time to

time enter into agreements with such State to reimburse the State

for the Federal share of the costs of preliminary and construction

engineering at an agreed percentage of actual construction costs

for each project, in lieu of the actual engineering costs for such

project. The Secretary shall annually review each such agreement to

insure that such percentage reasonably represents the engineering

costs actually incurred by such State.

(h) Notwithstanding any other provision of this section or of

this title, the Federal share payable on account of any project

under this title in the Virgin Islands, Guam, American Samoa, or

the Commonwealth of the Northern Mariana Islands shall be 100 per

centum of the total cost of the project.

(i) Increased Non-Federal Share. - Notwithstanding any other

provision of this title and subject to such criteria as the

Secretary may establish, a State may contribute an amount in excess

of the non-Federal share of a project under this title so as to

decrease the Federal share payable on such project.

(j) Credit for Non-Federal Share. -

(1) Eligibility. - A State may use as a credit toward the

non-Federal share requirement for any funds made available to

carry out this title (other than the emergency relief program

authorized by section 125) or chapter 53 of title 49 toll

revenues that are generated and used by public, quasi-public, and

private agencies to build, improve, or maintain highways,

bridges, or tunnels that serve the public purpose of interstate

commerce. Such public, quasi-public, or private agencies shall

have built, improved, or maintained such facilities without

Federal funds.

(2) Maintenance of effort. -

(A) In general. - The credit for any non-Federal share

provided under this subsection shall not reduce nor replace

State funds required to match Federal funds for any program

under this title.

(B) Condition on receipt of credit. - To receive a credit

under paragraph (1) for a fiscal year, a State shall enter into

such agreement as the Secretary may require to ensure that the

State will maintain its non-Federal transportation capital

expenditures in such fiscal year at or above the average level

of such expenditures for the preceding 3 fiscal years; except

that if, for any 1 of the preceding 3 fiscal years, the

non-Federal transportation capital expenditures of the State

were at a level that was greater than 130 percent of the

average level of such expenditures for the other 2 of the

preceding 3 fiscal years, the agreement shall ensure that the

State will maintain its non-Federal transportation capital

expenditures in the fiscal year of the credit at or above the

average level of such expenditures for the other 2 fiscal

years.

(C) Transportation capital expenditures defined. - In

subparagraph (B), the term "non-Federal transportation capital

expenditures" includes any payments made by the State for

issuance of transportation-related bonds.

(3) Treatment. -

(A) Limitation on liability. - Use of a credit for a

non-Federal share under this subsection that is received from a

public, quasi-public, or private agency -

(i) shall not expose the agency to additional liability,

additional regulation, or additional administrative

oversight; and

(ii) shall not subject the agency to any additional Federal

design standards or laws (including regulations) as a result

of providing the non-Federal share other than those to which

the agency is already subject.

(B) Chartered multistate agencies. - When a credit that is

received from a chartered multistate agency is applied to a

non-Federal share under this subsection, such credit shall be

applied equally to all charter States.

(k) Use of Federal Land Management Agency Funds. -

Notwithstanding any other provision of law, the funds appropriated

to any Federal land management agency may be used to pay the

non-Federal share of the cost of any Federal-aid highway project

the Federal share of which is funded under section 104.

(l) Use of Federal Lands Highways Program Funds. -

Notwithstanding any other provision of law, the funds authorized to

be appropriated to carry out the Federal lands highways program

under section 204 may be used to pay the non-Federal share of the

cost of any project that is funded under section 104 and that

provides access to or within Federal or Indian lands.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 898; Pub. L. 86-70, Sec.

21(d)(4), (e)(4), June 25, 1959, 73 Stat. 145, 146; Pub. L. 86-342,

title I, Sec. 107(b), Sept. 21, 1959, 73 Stat. 613; Pub. L. 86-657,

Sec. 3, July 14, 1960, 74 Stat. 522; Pub. L. 88-658, Oct. 13, 1964,

78 Stat. 1090; Pub. L. 89-574, Sec. 9(a), Sept. 13, 1966, 80 Stat.

769; Pub. L. 90-495, Secs. 27(b), 34, Aug. 23, 1968, 82 Stat. 829,

835; Pub. L. 91-605, title I, Secs. 106(f), 108(a), 109(b), 128,

Dec. 31, 1970, 84 Stat. 1718, 1719, 1731; Pub. L. 95-599, title I,

Secs. 117, 129(a)-(c), (i), Nov. 6, 1978, 92 Stat. 2699, 2707,

2708; Pub. L. 97-424, title I, Secs. 109(b), 117, 123(a), 153(f),

156(c), Jan. 6, 1983, 96 Stat. 2105, 2109, 2113, 2133, 2134; Pub.

L. 98-78, title III, Sec. 318, Aug. 15, 1983, 97 Stat. 473; Pub. L.

100-17, title I, Sec. 117(a)-(c)(1), (d), (e), Apr. 2, 1987, 101

Stat. 155, 156; Pub. L. 102-240, title I, Secs. 1021(a), (b),

1022(a), Dec. 18, 1991, 105 Stat. 1950, 1951; Pub. L. 104-59, title

III, Sec. 310(a), Nov. 28, 1995, 109 Stat. 582; Pub. L. 104-205,

title III, Sec. 353(a), Sept. 30, 1996, 110 Stat. 2980; Pub. L.

105-178, title I, Secs. 1111(a)-(c), 1113(a), (c), formerly (d),

1115(a), (f)(1), 1212(a)(2)(A)(ii), June 9, 1998, 112 Stat. 145,

151, 152, 154, 193; Pub. L. 105-206, title IX, Secs. 9002(i),

9006(a)(2), July 22, 1998, 112 Stat. 836, 848.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1111(a)(1), designated

existing provisions as par. (1), inserted heading, realigned

margins, and added par. (2).

Subsec. (b). Pub. L. 105-178, Sec. 1111(a)(2), inserted at end of

concluding provisions "In the case of any project subject to this

subsection, a State may determine a lower Federal share than the

Federal share determined under the preceding sentences of this

subsection."

Subsec. (c). Pub. L. 105-178, Sec. 1111(b), inserted "or transit

vehicles" after "emergency vehicles" in first sentence.

Subsec. (e). Pub. L. 105-178, Sec. 1113(c), formerly Sec.

1113(d), renumbered Sec. 1113(c) by Pub. L. 105-206, Sec.

9006(a)(2), substituted "and (b)" for "and (c)" and "180 days" for

"90 days".

Pub. L. 105-178, Sec. 1113(a), substituted "highway" for "highway

system" in first sentence.

Subsec. (f). 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. 1115(f)(1), as added by Pub.

L. 105-206, Sec. 9002(i), redesignated subsec. (j), relating to use

of Federal land management agency funds, as (k).

Pub. L. 105-178, Sec. 1115(a), added subsec. (j) relating to use

of Federal land management agency funds.

Pub. L. 105-178, Sec. 1111(c), added subsec. (j) relating to

credit for non-Federal share.

Subsec. (k). Pub. L. 105-178, Sec. 1115(f)(1), as added by Pub.

L. 105-206, Sec. 9002(i), redesignated subsec. (j), relating to use

of Federal land management agency funds, as (k). Former subsec. (k)

redesignated (l).

Pub. L. 105-178, Sec. 1115(a), added subsec. (k).

Subsec. (l). Pub. L. 105-178, Sec. 1115(f)(1), as added by Pub.

L. 105-206, Sec. 9002(i), redesignated subsec. (k) as (l).

1996 - Subsec. (c). Pub. L. 104-205 inserted "rail-highway

crossing closure," after "carpooling and vanpooling,".

1995 - Subsec. (c). Pub. L. 104-59 inserted "safety rest areas,"

after "signalization," and inserted sentence at end defining

"safety rest area".

1991 - Subsecs. (a) to (c). Pub. L. 102-240, Sec. 1021(a), added

subsecs. (a) to (c) and struck out former subsec. (a) which

contained provisions relating to Federal share of Federal-aid

primary, secondary and urban system projects, former subsec. (b)

which contained provisions relating to Federal share of Interstate

System projects financed with funds authorized to be appropriated

prior to June 29, 1956, and former subsec. (c) which contained

provisions relating to Federal share of Interstate System projects

financed with funds made available under section 108(b) of the

Federal-Aid Highway Act of 1956.

Subsec. (d). Pub. L. 102-240, Sec. 1022(a), which directed the

substitution of "180 days" for "90 days" in subsec. (d) as

redesignated, could not be executed because the phrase "90 days"

does not appear in subsec. (d) as redesignated.

Pub. L. 102-240, Sec. 1021(b)(3), which directed the substitution

of "and (b)" for "and (c)" in subsec. (d) as redesignated", could

not be executed because the phrase "and (c)" does not appear in

subsec. (d) as redesignated.

Pub. L. 102-240, Sec. 1021(a), (b)(2), redesignated subsec. (e)

as (d) and struck out former subsec. (d) which related to Federal

share for projects for railway-highway crossing elimination,

traffic control signalization, pavement marking, carpooling and

vanpooling, and installation of traffic signs, highway lights,

guardrails, and impact attenuators.

Subsec. (e). Pub. L. 102-240, Sec. 1021(b)(2), redesignated

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

Subsecs. (f) to (h). Pub. L. 102-240, Sec. 1021(b)(2),

redesignated subsecs. (g) to (i) as (f) to (h), respectively.

Former subsec. (f) redesignated (e).

Subsec. (i). Pub. L. 102-240, Sec. 1021(b)(2), redesignated

subsec. (n) as (i). Former subsec. (i) redesignated (h).

Subsecs. (j) to (m). Pub. L. 102-240, Sec. 1021(b)(1), struck out

subsec. (j) which related to Federal share of project financed

under section 307(c) of this title, subsec. (k) which related to

Federal share of projects under sections 143 and 155 of this title

and projects for priority primary routes under section 147 of this

title, subsec. (l) which related to Federal share of projects to

reconstruct, resurface, restore and rehabilitate highways which

incurred substantial use as result of transportation activities to

meet national energy requirements, and subsec. (m) which related to

Federal share of Great River Road projects under section 148 of

this title.

Subsec. (n). Pub. L. 102-240, Sec. 1021(b)(2), redesignated

subsec. (n) as (i).

1987 - Subsec. (d). Pub. L. 100-17, Sec. 117(a), inserted "or for

installation of traffic signs, highway lights, guardrails, or

impact attenuators" after "vanpooling".

Subsec. (f). Pub. L. 100-17, Sec. 117(c)(1), inserted heading and

amended first sentence generally. Prior to amendment, first

sentence read as follows: "The Federal share payable on account of

any repair or reconstruction provided for by funds made available

under section 125 of this title shall not exceed 100 per centum of

the cost thereof: Provided, That the Federal share payable on

account of any 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 may amount to 100 per centum of the

cost thereof."

Subsecs. (i), (j). Pub. L. 100-17, Sec. 117(b), redesignated

subsec. (i) relating to Federal share payable on account of any

project financed under section 307(c) of this title, as subsec.

(j). Former subsec. (j) redesignated (k).

Subsec. (k). Pub. L. 100-17, Sec. 117(b), (d)(1), redesignated

former subsec. (j) as (k) and substituted "(j)" for "(i)", "and

155" for ", 148, and 155," and "100-3" for "97-61". Former subsec.

(k) redesignated (l).

Subsec. (l). Pub. L. 100-17, Sec. 117(b), redesignated former

subsec. (k) as (l).

Subsec. (m). Pub. L. 100-17, Sec. 117(d)(2), added subsec. (m).

Subsec. (n). Pub. L. 100-17, Sec. 117(e), added subsec. (n).

1983 - Subsec. (j). Pub. L. 98-78 inserted ", and for funds

allocated under the provisions of section 155 of this title and

obligated subsequent to January 6, 1983," after "Representatives".

1983 - Subsec. (c). Pub. L. 97-424, Sec. 117(a), inserted

provision at end that, notwithstanding subsection (a) of this

section, the Federal share payable on account of any project

financed with primary funds on the Interstate System for

resurfacing, restoring, rehabilitating, and reconstructing shall be

the percentage provided in this subsection.

Subsec. (d). Pub. L. 97-424, Sec. 117(b), inserted "or for

pavement marking" after "signalization", and provision that the

Federal share payable on account of any project for traffic control

signalization under section 103(e)(4) of this title may amount to

100 per centum of the cost of construction of such project.

Pub. L. 97-424, Sec. 123(a), inserted "or for commuter carpooling

and vanpooling" before ", may amount to 100 per centum".

Subsec. (f). Pub. L. 97-424, Sec. 153(f), substituted "100 per

centum" for "75 per centum" after "shall not exceed", struck out

provision that in the case of any State containing nontaxable

Indian lands, individual and tribal, and public domain lands (both

reserved and unreserved) exclusive of national forests and national

parks and monuments exceeding 5 per centum of the total area of all

lands therein, the Federal share would be increased by a percentage

of the remaining cost equal to the percentage that the area of all

such lands in such State is of its total area, struck out ",

whether or not such highways, roads, or trails are on any

Federal-aid highway system" after "may amount to 100 per centum of

the cost thereof", substituted provision that the total cost of a

project may not exceed the cost of repair or reconstruction of a

comparable facility for provision that the Secretary might increase

the Federal share payable on account of any repair or

reconstruction under this section up to 100 per centum of the

replacement cost of a comparable facility if he determined it to be

in the public interest, and struck out provision that any project

agreement for which the final voucher had not been approved by the

Secretary on or before the date of this Act might be modified to

provide for the Federal share authorized herein.

Subsec. (i). Pub. L. 97-424, Sec. 156(c), added subsec. (i)

relating to Federal share payable for any project financed under

section 307(c) of this title.

Subsec. (j). Pub. L. 97-424, Sec. 117(c), added subsec. (j).

Subsec. (k). Pub. L. 97-424, Sec. 109(b), added subsec. (k).

1978 - Subsec. (a). Pub. L. 95-599, Sec. 129(a), substituted "75

per centum" for "70 per centum" wherever appearing.

Subsec. (d). Pub. L. 95-599 Secs. 117, 129(b), inserted "and for

any project for traffic control signalization," after "section 130

of this title,", and substituted "75 per centum" for "70 per

centum."

Subsec. (f). Pub. L. 95-599, Sec. 129(c), substituted "75 per

centum" for "70 per centum" wherever appearing.

Subsec. (i). Pub. L. 95-599, Sec. 129(i), added subsec. (i)

relating to Federal share payable for any project in the Virgin

Islands, etc.

1970 - Subsec. (a). Pub. L. 91-605, Secs. 106(f), 108(a),

inserted reference to the Federal-aid urban system, and substituted

"70 per centum" for "50 per centum" in two places.

Subsec. (d). Pub. L. 91-605, Sec. 108(a), substituted "70 per

centum" for "50 per centum".

Subsec. (f). Pub. L. 91-605, Secs. 108(a), 109(b), inserted

definition of "a comparable facility" and substituted "70 per

centum" for "50 per centum".

Subsec. (h). Pub. L. 91-605, Sec. 128, added subsec. (h).

1968 - Subsec. (a). Pub. L. 90-495, Sec. 34, made provision for

an election by the States as to the formula it desired to have its

Federal share computed under by adding an optional formula

permitting an increase in the Federal share by a percentage of the

remaining cost equal to the percentage that the area of specified

lands is of the State's total, but not so as to increase the share

beyond 95 percent of the total cost of the project, with States

exercising the option required to enter into an agreement to use

the difference solely for highway construction purposes.

Subsec. (f). Pub. L. 90-495, Sec. 27(b), authorized the Secretary

to increase the Federal share payable on account of any repair or

reconstruction under this section up to 100 per centum of the

replacement cost of a comparable facility if he determines that it

is in the public interest.

1966 - Subsec. (f). Pub. L. 89-574 added parkways, public land

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

road projects on the repair or reconstruction of which the Federal

share payable may amount to 100 per centum of the cost.

1964 - Subsec. (f). Pub. L. 88-658 provided that in case of any

State containing nontaxable Indian lands, and public domain lands

exclusive of national forests and national parks and monuments

exceeding 5 per centum of the total area of all lands therein, the

Federal share shall be increased by a percentage of the remaining

cost equal to the percentage that the area of all such lands in

such State, is of its total area.

1960 - Subsec. (a). Pub. L. 86-657 substituted "nontaxable Indian

lands, individual and tribal, and public domain lands (both

reserved and unreserved) exclusive of national forests and national

parks and monuments" for "unappropriated and unreserved public

lands and nontaxable Indian lands, individual and tribal".

1959 - Subsec. (a). Pub. L. 86-70, Sec. 21(e)(4), substituted

"subsection (d) of this section" for "subsections (d) and (h) of

this section".

Subsec. (f). Pub. L. 86-342 provided that the Federal share

payable on account of any repair or reconstruction of forest

highways, forest development roads and trails, park roads and

trails, and Indian reservation roads may amount to 100 per centum

of the cost thereof, whether or not such highways, roads or trails

are on any Federal-aid highway system.

Subsec. (h). Pub. L. 86-70, Sec. 21(d)(4), repealed subsec. (h)

which related to contributions by the Territory of Alaska and to

the expenditure of Federal funds apportioned to the Territory of

Alaska and funds contributed by the Territory.

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 section 1021 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.

Section 1022(c) of Pub. L. 102-240 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

125 of this title] shall only apply to natural disasters and

catastrophic failures occurring after the date of the enactment of

this Act [Dec. 18, 1991]."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 117(c)(2) of Pub. L. 100-17 provided that: "The amendment

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

natural disasters and catastrophic failures which occur after the

date of the enactment of this Act [Apr. 2, 1987]."

EFFECTIVE DATE OF 1978 AMENDMENT

Section 129(h) of Pub. L. 95-599 provided that: "The amendments

made by subsections (a) through (g) of this section [amending this

section and sections 148, 155, 215, and 406 of this title] shall

take effect with respect to obligations incurred after the date of

enactment of this section [Nov. 6, 1978]."

EFFECTIVE DATE OF 1970 AMENDMENT

Section 108(b) of Pub. L. 91-605, as amended by Pub. L. 93-87,

title I, Sec. 153, Aug. 13, 1973, 87 Stat. 276, provided that: "The

amendments made by subsection (a) of this section [amending this

section] shall take effect with respect to all obligations incurred

after June 30, 1973."

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by section 27(b) of Pub. L. 90-495 applicable to repair

or construction with respect to which project agreements have been

entered into on or before Jan. 1, 1968, see section 27(c) of Pub.

L. 90-495, set out as a note under section 125 of this title.

Amendment by section 34 of 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.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by section 21(d)(4) of Pub. L. 86-70 effective July 1,

1959, see section 21(d) of Pub. L. 86-70, set out as a note under

section 103 of this title.

Amendment by section 21(e)(4) of Pub. L. 86-70 effective July 1,

1959, see section 12(e) of Pub. L. 86-70, set out as a note under

section 101 of this title.

CREDIT FOR NON-FEDERAL SHARE

Section 1044 of Pub. L. 102-240 provided that:

"(a) Eligibility. - A State may use as a credit toward the

non-Federal matching share requirement for all programs under this

Act [see Short Title of 1991 Amendment note set out under section

101 of Title 49, Transportation] and title 23, United States Code,

toll revenues that are generated and used by public, quasi-public

and private agencies to build, improve, or maintain highways,

bridges, or tunnels that serve the public purpose of interstate

commerce. Such public, quasi-public or private agencies shall have

built, improved, or maintained such facilities without Federal

funds.

"(b) Maintenance of Effort. - The credit for any non-Federal

share shall not reduce nor replace State monies required to match

Federal funds for any program pursuant to this Act or title 23,

United States Code. In receiving a credit for non-Federal capital

expenditures under this section, a State shall enter into such

agreements as the Secretary may require to ensure that such State

will maintain its non-Federal transportation capital expenditures

at or above the average level of such expenditures for the

preceding three fiscal years.

"(c) Treatment. - Use of such credit for a non-Federal share

shall not expose such agencies from which the credit is received to

additional liability, additional regulation or additional

administrative oversight. When credit is applied from chartered

multi-State agencies, such credit shall be applied equally to all

charter States. The public, quasi-public, and private agencies from

which the credit for which the non-Federal share is calculated

shall not be subject to any additional Federal design standards,

laws or regulations as a result of providing non-Federal match

other than those to which such agency is already subject."

TEMPORARY MATCHING FUND WAIVER

Section 1054 of title I of Pub. L. 102-240 provided that:

"(a) Waiver of Matching Share. - Notwithstanding any other

provision of law, the Federal share of any qualifying project

approved by the Secretary under title 23, United States Code, and

of any qualifying project for which the United States becomes

obligated to pay under title 23, United States Code, during the

period beginning on October 1, 1991, and ending September 30, 1993,

shall be the percentage of the construction cost as the State

requests, up to and including 100 percent.

"(b) Repayment. - The total amount of increases in the Federal

share made pursuant to subsection (a) for any State shall be repaid

to the United States by the State on or before March 30, 1994.

Payments shall be deposited in the Highway Trust Fund and repaid

amounts shall be credited to the appropriate apportionment accounts

of the State.

"(c) Deduction From Apportionments. - If a State has not made the

repayment as required by subsection (b), the Secretary shall deduct

from funds apportioned to the State under title 23, United States

Code, in each of the fiscal years 1995 and 1996, a pro rata share

of each category of apportioned funds. The amount which shall be

deducted in each fiscal year shall be equal to 50 percent of the

amount needed for repayment. Any amount deducted under this

subsection shall be reapportioned for fiscal years 1995 and 1996 in

accordance with title 23, United States Code, to those States which

have not received a higher Federal share under this section and to

those States which have made the repayment required by subsection

(b).

"(d) Qualifying Project Defined. - For purposes of this section,

the term 'qualifying project' means a project approved by the

Secretary after the effective date of this title [Dec. 18, 1991],

or a project for which the United States becomes obligated to pay

after such effective date, and for which the Governor of the State

submitting the project has certified, in accordance with

regulations established by the Secretary, that sufficient funds are

not available to pay the cost of the non-Federal share of the

project."

INCENTIVE PROGRAM FOR USE OF COAL ASH

Section 117(f) of Pub. L. 100-17 provided that: "Notwithstanding

sections 119, 120, and 144 of title 23, United States Code, in each

of fiscal years 1987, 1988, 1989, 1990, and 1991, the percentage

specified in such sections as the Federal share of the cost payable

on account of any highway or bridge construction project in which

materials produced from coal ash are used in significant amounts

shall be increased by adding 5 percent to such percentage; except

that in no case shall the Federal share payable on account of any

project exceed 95 percent of the cost of such project as a result

of increasing such Federal share under this subsection."

OBLIGATIONS FOR PROJECTS RESULTING FROM NATURAL DISASTERS OR

CATASTROPHIC FAILURES; EMERGENCY RELIEF; FEDERAL SHARE

Section 153(g) of Pub. L. 97-424 provided that: "All obligations

for projects resulting from a natural disaster or catastrophic

failure which the Secretary finds to be eligible for emergency

relief subsequent to the date of enactment of this subsection [Jan.

6, 1983] shall provide for the Federal share required by subsection

(f) of section 120 of title 23, United States Code, as amended by

this section."

FEDERAL SHARE OF PROJECTS APPROVED DURING PERIOD BEGINNING FEBRUARY

12, 1975, AND ENDING SEPTEMBER 30, 1975

Pub. L. 94-30, Secs. 1, 2, June 4, 1975, 89 Stat. 171, as amended

by Pub. L. 94-280, title I, Sec. 145, May 5, 1976, 90 Stat. 446,

provided for Federal share of projects approved under section

106(a) of this title, and projects for which United States becomes

obligated under section 117 of this title during the period

beginning Feb. 12, 1975, and ending Sept. 30, 1975, and repayment

schedule for States from Jan. 1, 1977, through Jan. 1, 1979.

REVIEW AND ANALYSIS OF EXCISE TAXES DEDICATED TO HIGHWAY TRUST FUND

Section 507 of Pub. L. 95-599 provided that:

"(a) In General. - The Secretary of the Treasury, in consultation

with the Secretary of Transportation and the staff of the Joint

Committee on Taxation, shall -

"(1) review and analyze each excise tax now dedicated to the

Highway Trust Fund with respect to such factors as ease or

difficulty of administration of such tax and the compliance

burdens imposed on taxpayers by such tax, and

"(2) on or before April 15, 1982, report to the Committee on

Ways and Means of the House of Representatives and the Committee

on Finance of the Senate as to the matters set forth in paragraph

(1) and other findings, as well as recommendations on -

"(A) improvements in excise taxation which would enhance tax

administration, equity, and compliance, or

"(B) a new system of raising revenues to fund the Highway

Trust Fund which would meet the objectives set forth in

subparagraph (A).

The recommendations described in paragraph (2) shall be formulated

in conjunction with the recommendations of the cost allocation

study under section 506 set out as note under section 307 of this

title of the equitable distribution of the highway excise taxes.

"(b) Interim Reports. - The Secretary of the Treasury, in

consultation with the Secretary of Transportation and the staff of

the Joint Committee on Taxation, shall file an interim report with

the Committee on Ways and Means of the House of Representatives and

the Committee on Finance of the Senate on or before April 15, 1980,

and a second interim report on or before April 15, 1981."

HIGHWAY TRUST FUND

Section 209 of act June 29, 1956, ch. 462, title II, 70 Stat.

397, as amended by Pub. L. 86-342, title II, Sec. 202, Sept. 21,

1959, 73 Stat. 615; Pub. L. 86-346, title I, Sec. 104(5), Sept. 22,

1959, 73 Stat. 622; Pub. L. 86-440, Sec. 1(c), Apr. 22, 1960, 74

Stat. 81; Pub. L. 87-61, title II, Sec. 207, June 29, 1961, 75

Stat. 128; Pub. L. 88-578, title II, Sec. 202, Sept. 3, 1964, 78

Stat. 904; Pub. L. 89-44, title II, Sec. 210, title VIII, Sec.

809(e), June 21, 1965, 79 Stat. 144, 168; Pub. L. 91-258, title II,

Secs. 207(e), 208(g), May 21, 1970, 84 Stat. 249, 252; Pub. L.

91-605, title III, Sec. 301, Dec. 31, 1970, 84 Stat. 1743; Pub. L.

94-273, Sec. 18, Apr. 21, 1976, 90 Stat. 379; Pub. L. 94-280, title

III, Sec. 301, May 5, 1976, 90 Stat. 456; Pub. L. 95-599, title V,

Secs. 503(a), 504(a), Nov. 6, 1978, 92 Stat. 2757; Pub. L. 95-618,

title II, Sec. 233(b)(2)(E), Nov. 9, 1978, 92 Stat. 3191; Pub. L.

96-451, title II, Sec. 203(a), Oct. 14, 1980, 94 Stat. 1988; Pub.

L. 97-424, title V, Sec. 531(b), Jan. 6, 1983, 96 Stat. 2191; Pub.

L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439, provided that:

"(a) [Repealed. Pub. L. 97-424, title V, Sec. 531(b), Jan. 6,

1983, 96 Stat. 2191. Subsec. (a) provided for the creation of a

Highway Trust Fund.]

"(b) Declaration of Policy. - It is hereby declared to be the

policy of the Congress that if it hereafter appears -

"(1) that the total receipts of the Trust Fund (exclusive of

advances under subsection (d) will be less than the total

expenditures from such Fund (exclusive of repayments of such

advances); or

"(2) that the distribution of the tax burden among the various

classes of persons using the Federal-aid highways, or otherwise

deriving benefits from such highways, is not equitable, the

Congress shall enact legislation in order to bring about a

balance of total receipts and total expenditures, or such

equitable distribution, as the case may be.

"(c) to (g) [Repealed. Pub. L. 97-424, title V, Sec. 531(b), Jan.

6, 1983, 96 Stat. 2191. Subsecs. (c) to (g) provided generally for

the transfer of the equivalent of the receipts of certain taxes to

the Fund, for additional appropriations to the Fund, for its

management, methods and purposes of expenditures, and for

adjustment of apportionments regarding the Fund.]"

Section 203(b) of Pub. L. 96-451 provided that: "The amendment

made by subsection (a) [amending former subsec. (f)(5) of section

209 of Act June 29, 1956] shall apply to taxes received on or after

October 1, 1980."

Section 504(b) of Pub. L. 95-599 provided that: "The amendment

made by subsection (a) [amending former subsec. (g) of section 209

of Act June 29, 1956] shall apply to fiscal years beginning after

September 30, 1978."

Pub. L. 91-258, title II, Sec. 208(g), May 21, 1970, 84 Stat.

252, which added subsec. (c)(5) of section 209 of the Act of June

29, 1956, ch. 462, title II, 70 Stat. 397, was repealed by Pub. L.

97-248, title II, Sec. 281(b), Sept. 3, 1982, 96 Stat. 566.

PERCENTAGE OF FUNDS CONTRIBUTED BY ALASKA

Section 21(d)(4) of Pub. L. 86-70, which repealed subsec. (h) of

this section, provided in part that the provisions of subsec. (h)

relating to the percentage of funds to be contributed by Alaska

shall continue to apply to funds apportioned to Alaska for fiscal

year 1960 and prior fiscal years.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 107, 122, 125, 130,

133, 142, 147, 148, 206, 217 of this title; title 42 section 3338.

-FOOTNOTE-

(!1) So in original. Probably should be "such highway".

-End-

-CITE-

23 USC Sec. 121 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 121. Payment to States for construction

-STATUTE-

(a) In General. - The Secretary, from time to time as the work

progresses, may make payments to a State for costs of construction

incurred by the State on a project. Such payments may also be made

for the value of the materials -

(1) that have been stockpiled in the vicinity of the

construction in conformity to plans and specifications for the

projects; and

(2) that are not in the vicinity of the construction if the

Secretary determines that because of required fabrication at an

off-site location the material cannot be stockpiled in such

vicinity.

(b) Project Agreement. - No payment shall be made under this

chapter except for a project covered by a project agreement. After

completion of the project in accordance with the project agreement,

a State shall be entitled to payment out of the appropriate sums

apportioned or allocated to the State of the unpaid balance of the

Federal share payable for such project.

(c) Such payments shall be made to such official or officials or

depository as may be designated by the State transportation

department and authorized under the laws of the State to receive

public funds of the State.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 899; Pub. L. 88-157, Sec.

7(b), Oct. 24, 1963, 77 Stat. 278; Pub. L. 93-87, title I, Sec.

117, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94-280, title I, Sec.

118(a), May 5, 1976, 90 Stat. 437; Pub. L. 100-17, title I, Sec.

133(b)(6), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102-240, title I,

Sec. 1018(b), Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105-178, title

I, Secs. 1212(a)(2)(A)(i), 1302, June 9, 1998, 112 Stat. 193, 226.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1302(1), added subsec.

(a) and struck out former subsec. (a) which read as follows: "The

Secretary may, in his discretion, from time to time as the work

progresses, make payments to a State for costs of construction

incurred by it on a project. These payments shall at no time exceed

the Federal share of the costs of construction incurred to the date

of the voucher covering such payment plus the Federal share of the

value of the materials which have been stockpiled in the vicinity

of such construction in conformity to plans and specifications for

the project. Such payments may also be made in the case of any such

materials not in the vicinity of such construction if the Secretary

determines that because of required fabrication at an off-site

location the materials cannot be stockpiled in such vicinity."

Subsec. (b). Pub. L. 105-178, Sec. 1302(1), added subsec. (b) and

struck out former subsec. (b) which read as follows: "After

completion of a project in accordance with the plans and

specifications, and approval of the final voucher by the Secretary,

a State shall be entitled to payment out of the appropriate sums

apportioned to it of the unpaid balance of the Federal share

payable on account of such project."

Subsec. (c). Pub. L. 105-178, Sec. 1302(2), (3), redesignated

subsec. (e) as (c) and struck out former subsec. (c) which read as

follows: "No payment shall be made under this chapter, except for a

project located on a Federal-aid system and covered by a project

agreement. No final payment shall be made to a State for its costs

of construction of a project until the completion of the

construction has been approved by the Secretary following

inspections pursuant to section 114(a) of this title."

Subsec. (d). Pub. L. 105-178, Sec. 1302(2), struck out subsec.

(d) which read as follows: "In making payments pursuant to this

section, the Secretary shall be bound by the limitations with

respect to the permissible amounts of such payments continued in

sections 106(c), 120, and 130 of this title."

Subsec. (e). Pub. L. 105-178, Sec. 1302(3), redesignated subsec.

(e) as (c).

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

transportation department" for "State highway department".

1991 - Subsec. (d). Pub. L. 102-240 substituted "106(c), 120,"

for "120" and struck out at end "Payments for construction

engineering on any project financed with Federal-aid highway funds

shall not exceed 15 percent of the Federal share of the cost of

construction of such project after excluding from the cost of

construction the costs of rights-of-way, preliminary engineering,

and construction engineering."

1987 - Subsec. (d). Pub. L. 100-17 substituted "15 percent" for

"10 per centum" and struck out at end "However, this limitation

shall be 15 per centum in any State with respect to which the

Secretary finds such higher limitation to be necessary."

1976 - Subsec. (d). Pub. L. 94-280 substituted "Federal-aid

highway funds" for "Federal-aid primary, secondary, or urban funds"

and struck out 10 per centum limitation provision for any project

financed with interstate funds.

1973 - Subsec. (a). Pub. L. 93-87 authorized payments to be made

for materials not in the construction vicinity where the Secretary

determines that because of required fabrication at an off-site

location the materials cannot be stockpiled in such vicinity.

1963 - Subsec. (d). Pub. L. 88-157 substituted "any project

financed with Federal-aid primary, secondary, or urban funds" for

"any one project" and provided for limitation, on payments for

construction engineering on projects financed with Federal-aid

primary, secondary, or urban funds, of 15 percent of Federal share

of cost of construction of the project where found by the Secretary

to be necessary and for 10-percent limitation on projects financed

with interstate funds.

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.

SUBMISSION OF RECOMMENDATIONS TO CONGRESS FOR REIMBURSEMENT OF

STATES FOR CERTAIN HIGHWAYS

Pub. L. 85-845, Aug. 28, 1958, 72 Stat. 1083, required Secretary

of Commerce, within ten days after first day of first session of

Eighty-sixth Congress, to submit to Congress recommendations for

legislation for purpose of assisting Congress to determine whether

or not to reimburse each State of any portion of a toll or free

highway (1) which was on National System of Interstate and Defense

Highways [now Dwight D. Eisenhower System of Interstate and Defense

Highways], (2) which met standards required by Federal-Aid Highway

Act of 1956 for such System of Interstate and Defense Highways, and

(3) construction of which had been completed since Aug. 2, 1947, or

which had been in actual use or under construction by contract, for

completion, awarded not later than June 30, 1957.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 122 of this title.

-End-

-CITE-

23 USC Sec. 122 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 1 - FEDERAL-AID HIGHWAYS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 122. Payments to States for bond and other debt instrument

financing

-STATUTE-

(a) Definition of Eligible Debt Financing Instrument. - In this

section, the term "eligible debt financing instrument" means a bond

or other debt financing instrument, including a note, certificate,

mortgage, or lease agreement, issued by a State or political

subdivision of a State or a public authority, the proceeds of which

are used for an eligible project under this title.

(b) Federal Reimbursement. - Subject to subsections (c) and (d),

the Secretary may reimburse a State for expenses and costs incurred

by the State or a political subdivision of the State and reimburse

a public authority for expenses and costs incurred by the public

authority for -

(1) interest payments under an eligible debt financing

instrument;

(2) the retirement of principal of an eligible debt financing

instrument;

(3) the cost of the issuance of an eligible debt financing

instrument;

(4) the cost of insurance for an eligible debt financing

instrument; and

(5) any other cost incidental to the sale of an eligible debt

financing instrument (as determined by the Secretary).

(c) Conditions on Payment. - The Secretary may reimburse a State

or public authority under subsection (b) with respect to a project

funded by an eligible debt financing instrument after the State or

public authority has complied with this title with respect to the

project to the extent and in the manner that would be required if

payment were to be made under section 121.

(d) Federal Share. - The Federal share of the cost of a project

payable under this section shall not exceed the Federal share of

the cost of the project as determined under section 120.

(e) Statutory Construction. - Notwithstanding any other provision

of law, the eligibility of an eligible debt financing instrument

for reimbursement under subsection (b) shall not -

(1) constitute a commitment, guarantee, or obligation on the

part of the United States to provide for payment of principal or

interest on the eligible debt financing instrument; or

(2) create any right of a third party against the United States

for payment under the eligible debt financing instrument.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 900; Pub. L. 95-599, title

I, Sec. 115(b), Nov. 6, 1978, 92 Stat. 2698; Pub. L. 97-424, title

I, Sec. 107(f), Jan. 6, 1983, 96 Stat. 2103; Pub. L. 100-17, title

I, Sec. 133(b)(7), Apr. 2, 1987, 101 Stat. 171; Pub. L. 104-59,

title III, Sec. 311(a), Nov. 28, 1995, 109 Stat. 583.)

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-59 amended section generally, substituting

present provisions for provisions which authorized States to use

portion of Federal highway payments to retire principal of bonds

proceeds of which were used for certain Federal highway projects.

1987 - Pub. L. 100-17 inserted "or for substitute highway

projects approved under section 103(e)(4) of this title" before

"and the retirement" in first sentence.

1983 - Pub. L. 97-424 inserted "or for substitute highway

projects approved under section 103(e)(4) of this title," after

"highway systems in urban areas," and "or on highway projects

approved under section 103(e)(4) of this title" after "expenditure

on such system".

1978 - Pub. L. 95-599 inserted provisions relating to the

retirement of bonds the proceeds of which were used for program

projects, provisions that section was not to be construed as a

commitment on the part of the United States to pay the principal of

any such bonds, and provisions prohibiting inclusion of interest

and incidental costs of bonds in estimated cost of completion.

PAYMENT OF INTEREST ON BONDS ISSUED PRIOR TO AND AFTER NOVEMBER 6,

1978

Section 115(c) of Pub. L. 95-599 provided that: "No interest

shall be paid under authority of section 122 of title 23, United

States Code, on any bonds issued prior to the date of enactment of

this Act [Nov. 6, 1978], unless such bonds were issued for projects

which were under construction on January 1, 1978. Interest on bonds

issued in any fiscal year by a State after the date of enactment of

this Act may be paid under authority of section 122 of title 23,

United States Code, only if (1) such State was eligible to obligate

funds of another State under subsection (a) of this section during

such fiscal year and (2) the Secretary of Transportation certifies

that such eligible State utilized, or will utilize, to the fullest

extent possible during such fiscal year its authority to obligate

funds under such subsection (a) of this section [amending section

118(b) of this title]. No interest shall be paid under section 122

of title 23, United States Code, on that part of the proceeds of

bonds issued after the date of enactment of this Act used to retire

or otherwise refinance bonds issued prior to such date."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 101 of this title.

-End-