US (United States) Code. Title 23. Chapter 2: Other highways

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

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-CITE-

23 USC CHAPTER 2 - OTHER HIGHWAYS 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

CHAPTER 2 - OTHER HIGHWAYS

-MISC1-

Sec.

201. Authorizations.

202. Allocations.

203. Availability of funds.

204. Federal lands highways program.(!1)

205. Forest development roads and trails.

206. Recreational trails program.

207. Repealed.

208. Repealed.

209. Repealed.

210. Defense access roads.

[211. Repealed.]

212. Inter-American Highway.

[213. Repealed.]

214. Public lands development roads and trails.

215. Territories highway development program.(!1)

216. Darien Gap Highway.

217. Bicycle transportation and pedestrian walkways.

218. Alaska Highway.

[219. Repealed.]

AMENDMENTS

1998 - Pub. L. 105-178, title I, Sec. 1112(b), June 9, 1998, 112

Stat. 151, substituted "Recreational trails program" for "Repealed"

in item 206.

1987 - Pub. L. 100-17, title I, Sec. 133(e)(1), Apr. 2, 1987, 101

Stat. 173, struck out items 211 "Timber access road hearings", 213

"Rama Road", and 219 "Safer of off-system roads".

1983 - Pub. L. 97-424, title I, Sec. 126(e)(1), Jan. 6, 1983, 96

Stat. 2115, substituted "Allocations" for "Apportionment for

allocation" in item 202.

Pub. L. 97-424, title I, Sec. 126(e)(2), Jan. 6, 1983, 96 Stat.

2115, substituted "Federal lands highways programs" for "Forest

highways" in item 204.

Pub. L. 97-424, title I, Sec. 126(e)(3), Jan. 6, 1983, 96 Stat.

2116, substituted "Repealed" in items 206 through 209 which read

"Park roads and trails", "Parkways", "Indian reservation roads",

"Public lands highways", respectively.

1976 - Pub. L. 94-280, title I, Sec. 135(b), May 5, 1976, 90

Stat. 442, substituted item 219 "Safer of off-system roads" for

"Off-system roads".

1975 - Pub. L. 93-643, Sec. 122(b), Jan. 4, 1975, 88 Stat. 2290,

added item 219.

1973 - Pub. L. 93-87, title I, Secs. 124(b), 127(a)(2), Aug. 13,

1973, 87 Stat. 262, 264, added items 217 and 218.

1970 - Pub. L. 91-605, title I, Secs. 112(b), 113(b), Dec. 31,

1970, 84 Stat. 1721, 1722, added items 215 and 216.

1962 - Pub. L. 87-866, Sec. 6(c), Oct. 23, 1962, 76 Stat. 1147,

added item 214.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 101, 104, 134, 135, 317

of this title; title 49 sections 5303, 5304.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

23 USC Sec. 201 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 201. Authorizations

-STATUTE-

The provision of this title shall apply to all unappropriated

authorizations contained in prior Acts, and also to all unexpended

appropriations heretofore made, providing for the expenditure of

Federal funds on the following classes of highways: Forest

highways, forest development roads and trails, park road, parkways,

Indian reservation roads, refuge roads, public lands highways, and

defense access roads. 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.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 97-424, title

I, Sec. 126(f), Jan. 6, 1983, 96 Stat. 2116; Pub. L. 105-178, title

I, Sec. 1115(e)(1), June 9, 1998, 112 Stat. 158.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178 inserted "refuge roads," after "Indian

reservation roads,".

1983 - Pub. L. 97-424 substituted "park road" for "park roads and

trails" after "forest development roads and trails,".

-End-

-CITE-

23 USC Sec. 202 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 202. Allocations

-STATUTE-

(a) On October 1 of each fiscal year, the Secretary shall

allocate the sums authorized to be appropriated for such fiscal

year for forest development roads and trails according to the

relative needs of the various national forests. Such allocation

shall be consistent with the renewable resource and land use

planning for the various national forests.

(b) On October 1 of each fiscal year, the Secretary shall

allocate 34 percent of the sums authorized to be appropriated for

such fiscal year for public lands highways among those States

having unappropriated or unreserved public lands, nontaxable Indian

lands or other Federal reservations, on the basis of need in such

States, respectively, as determined by the Secretary upon

application of the State transportation departments of the

respective States. The Secretary shall give preference to those

projects which are significantly impacted by Federal land and

resource management activities which are proposed by a State which

contains at least 3 percent of the total public lands in the

Nation. The Secretary shall allocate 66 percent of the remainder of

the authorization for public lands highways for each fiscal year as

is provided in section 134 of the Federal-Aid Highway Act of 1987,

and with respect to these allocations the Secretary shall give

equal consideration to projects that provide access to and within

the National Forest System, as identified by the Secretary of

Agriculture through renewable resources and land use planning and

the impact of such planning on existing transportation facilities.

(c) On October 1 of each fiscal year, the Secretary shall

allocate the sums authorized to be appropriated for such fiscal

year for park roads and parkways each according to the relative

needs of the various elements of the national park system, taking

into consideration the need for access as identified through land

use planning and the impact of such planning on existing

transportation facilities.

(d) Indian Reservation Roads. -

(1) For fiscal years ending before october 1, 1999. - On

October 1 of each fiscal year ending before October 1, 1999, the

Secretary shall allocate the sums authorized to be appropriated

for such fiscal year for Indian reservation roads according to

the relative needs of the various reservations as jointly

identified by the Secretary and the Secretary of the Interior.

(2) Fiscal year 2000 and thereafter. -

(A) In general. - All funds authorized to be appropriated for

Indian reservation roads shall be allocated among Indian tribes

for fiscal year 2000 and each subsequent fiscal year in

accordance with a formula established by the Secretary of the

Interior under a negotiated rulemaking procedure under

subchapter III of chapter 5 of title 5.

(B) Regulations. - Notwithstanding sections 563(a) and 565(a)

of title 5, the Secretary of the Interior shall issue

regulations governing the Indian reservation roads program, and

establishing the funding formula for fiscal year 2000 and each

subsequent fiscal year under this paragraph, in accordance with

a negotiated rulemaking procedure under subchapter III of

chapter 5 of title 5. The regulations shall be issued in final

form not later than April 1, 1999, and shall take effect not

later than October 1, 1999.

(C) Negotiated rulemaking committee. - In establishing a

negotiated rulemaking committee to carry out subparagraph (B),

the Secretary of the Interior shall -

(i) apply the procedures under subchapter III of chapter 5

of title 5 in a manner that reflects the unique

government-to-government relationship between the Indian

tribes and the United States; and

(ii) ensure that the membership of the committee includes

only representatives of the Federal Government and of

geographically diverse small, medium, and large Indian

tribes.

(D) Basis for funding formula. - The funding formula

established for fiscal year 2000 and each subsequent fiscal

year under this paragraph shall be based on factors that

reflect -

(i) the relative needs of the Indian tribes, and

reservation or tribal communities, for transportation

assistance; and

(ii) the relative administrative capacities of, and

challenges faced by, various Indian tribes, including the

cost of road construction in each Bureau of Indian Affairs

area, geographic isolation and difficulty in maintaining

all-weather access to employment, commerce, health, safety,

and educational resources.

(3) Contracts and agreements with indian tribes. -

(A) In general. - Notwithstanding any other provision of law

or any interagency agreement, program guideline, manual, or

policy directive, all funds made available under this title for

Indian reservation roads and for highway bridges located on

Indian reservation roads to pay for the costs of programs,

services, functions, and activities, or portions thereof, that

are specifically or functionally related to the cost of

planning, research, engineering, and construction of any

highway, road, bridge, parkway, or transit facility that

provides access to or is located within the reservation or

community of an Indian tribe shall be made available, upon

request of the Indian tribal government, to the Indian tribal

government for contracts and agreements for such planning,

research, engineering, and construction in accordance with the

Indian Self-Determination and Education Assistance Act.

(B) Exclusion of agency participation. - Funds for programs,

functions, services, or activities, or portions thereof,

including supportive administrative functions that are

otherwise contractible to which subparagraph (A) applies, shall

be paid in accordance with subparagraph (A) without regard to

the organizational level at which the Department of the

Interior that has previously carried out such programs,

functions, services, or activities.

(4) Reservation of funds. -

(A) Nationwide priority program. - The Secretary shall

establish a nationwide priority program for improving deficient

Indian reservation road bridges.

(B) Reservation. - Of the amounts authorized to be

appropriated for Indian reservation roads for each fiscal year,

the Secretary, in cooperation with the Secretary of the

Interior, shall reserve not less than $13,000,000 for projects

to replace, rehabilitate, seismically retrofit, paint, apply

calcium magnesium acetate, sodium acetate/formate, or other

environmentally acceptable, minimally corrosive anti-icing and

de-icing compositions or install scour countermeasures for

deficient Indian reservation road bridges, including

multiple-pipe culverts.

(C) Eligible bridges. - To be eligible to receive funding

under this subsection, a bridge described in subparagraph (A)

must -

(i) have an opening of 20 feet or more;

(ii) be on an Indian reservation road;

(iii) be unsafe because of structural deficiencies,

physical deterioration, or functional obsolescence; and

(iv) be recorded in the national bridge inventory

administered by the Secretary under subsection (b).

(D) Approval requirement. - Funds to carry out Indian

reservation road bridge projects under this subsection shall be

made available only on approval of plans, specifications, and

estimates by the Secretary.

(e) Refuge Roads. - On October 1 of each fiscal year, the

Secretary shall allocate the sums made available for that fiscal

year for refuge roads according to the relative needs of the

various refuges in the National Wildlife Refuge System, and taking

into consideration -

(1) the comprehensive conservation plan for each refuge;

(2) the need for access as identified through land use

planning; and

(3) the impact of land use planning on existing transportation

facilities.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 94-280, title

I, Sec. 133, May 5, 1976, 90 Stat. 441; Pub. L. 97-424, title I,

Sec. 126(a), Jan. 6, 1983, 96 Stat. 2113; Pub. L. 102-240, title I,

Sec. 1032(a), Dec. 18, 1991, 105 Stat. 1974; Pub. L. 105-178, title

I, Secs. 1115(b), (e)(2), (f)(2), 1212(a)(2)(A)(ii), June 9, 1998,

112 Stat. 154, 158, 193; Pub. L. 105-206, title IX, Sec. 9002(i),

July 22, 1998, 112 Stat. 836.)

-REFTEXT-

REFERENCES IN TEXT

Section 134 of the Federal-Aid Highway Act of 1987, referred to

in subsec. (b), is section 134 of Pub. L. 100-17, which is set out

below.

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (d)(3)(A), is Pub. L. 93-638, Jan. 4, 1975,

88 Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of Title 25,

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

Short Title note set out under section 450 of Title 25 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (b). 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. 1115(b), inserted subsec.

heading, designated existing provisions as par. (1), inserted par.

heading, realigned margins, inserted "ending before October 1,

1999" after "each fiscal year", and added pars. (2) to (4).

Subsec. (d)(4)(B). Pub. L. 105-178, Sec. 1115(f)(2), as added by

Pub. L. 105-206, Sec. 9002(i), substituted ", sodium

acetate/formate, or other environmentally acceptable, minimally

corrosive anti-icing and de-icing compositions" for "to, apply

sodium acetate/formate de-icer to,".

Subsec. (e). Pub. L. 105-178, Sec. 1115(e)(2), added subsec. (e).

1991 - Subsec. (a). Pub. L. 102-240, Sec. 1032(a)(1), (2),

redesignated subsec. (b) as (a) and struck out former subsec. (a)

which read as follows: "On October 1 of each fiscal year, the

Secretary shall allocate the sums authorized to be appropriated for

such fiscal year for forest highways according to the relative

needs of the various elements of the national forest system as

determined by the Secretary, taking into consideration the need for

access as identified by the Secretary of Agriculture through

renewable resource and land use planning, and the impact of such

planning on existing transportation facilities."

Subsec. (b). Pub. L. 102-240, Sec. 1032(a)(2)-(4), redesignated

subsec. (c) as (b), inserted "34 percent of" after "allocate", and

substituted for period at end "which are proposed by a State which

contains at least 3 percent of the total public lands in the

Nation. The Secretary shall allocate 66 percent of the remainder of

the authorization for public lands highways for each fiscal year as

is provided in section 134 of the Federal-Aid Highway Act of 1987,

and with respect to these allocations the Secretary shall give

equal consideration to projects that provide access to and within

the National Forest System, as identified by the Secretary of

Agriculture through renewable resources and land use planning and

the impact of such planning on existing transportation facilities."

Former subsec. (b) redesignated (a).

Subsecs. (c) to (e). Pub. L. 102-240, Sec. 1032(a)(2),

redesignated subsecs. (d) and (e) as (c) and (d), respectively.

Former subsec. (c) redesignated (b).

1983 - Subsec. (a). Pub. L. 97-424 substituted provisions

relating to allocation of sums authorized to be appropriated by the

Secretary for provisions relating to apportionment of sums

authorized to be appropriated by the Secretary.

Subsec. (b). Pub. L. 97-424 substituted provisions requiring

allocation of sums on October 1 of each fiscal year to be

consistent with renewable resource and land use planning for

provisions requiring allocation of sums to take into consideration

existing transportation facilities, value of resources served, fire

danger, and road and trail construction difficulties.

Subsec. (c). Pub. L. 97-424 inserted provisions requiring

allocation of sums on October 1 of each fiscal year, and

substituted provisions requiring preferences to be given to

projects impacted by Federal land and resource management for

provisions requiring preferences to be given to projects located on

a Federal-aid system.

Subsecs. (d), (e). Pub. L. 97-424 added subsecs. (d) and (e).

1976 - Subsec. (a). Pub. L. 94-280 substituted introductory "On

October 1 of each fiscal year" for "On or before January 1 next

preceding the commencement of each 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.

ADDITIONAL AUTHORIZATION OF CONTRACT AUTHORITY FOR STATES WITH

INDIAN RESERVATIONS

Pub. L. 105-178, title I, Sec. 1214(d), June 9, 1998, 112 Stat.

205, provided that:

"(1) Availability to states. - Not later than October 1 of each

fiscal year, funds made available under paragraph (5) for the

fiscal year shall be made available by the Secretary, in equal

amounts, to each State that has within the boundaries of the State

all or part of an Indian reservation having a land area of

10,000,000 acres or more.

"(2) Availability to eligible counties. -

"(A) In general. - Each fiscal year, each county that is

located in a State to which funds are made available under

paragraph (1), and that has in the county a public road described

in subparagraph (B), shall be eligible to apply to the State for

all or a portion of the funds made available to the State under

this subsection to be used by the county to maintain such roads.

"(B) Roads. - A public road referred to in subparagraph (A) is

a public road that -

"(i) is within, adjacent to, or provides access to an Indian

reservation described in paragraph (1);

"(ii) is used by a school bus to transport children to or

from a school or Headstart program carried out under the Head

Start Act (42 U.S.C. 9831 et seq.); and

"(iii) is maintained by the county in which the public road

is located.

"(C) Allocation among eligible counties. -

"(i) In general. - Except as provided in clause (ii), each

State that receives funds under paragraph (1) shall provide

directly to each county that applies for funds the amount that

the county requests in the application.

"(ii) Allocation among eligible counties. - If the total

amount of funds applied for under this subsection by eligible

counties in a State exceeds the amount of funds available to

the State, the State shall equitably allocate the funds among

the eligible counties that apply for funds.

"(3) Supplementary funding. - For each fiscal year, the Secretary

shall ensure that funding made available under this subsection

supplements (and does not supplant) -

"(A) any obligation of funds by the Bureau of Indian Affairs

for road maintenance programs on Indian reservations; and

"(B) any funding provided by a State to a county for road

maintenance programs in the county.

"(4) Use of unallocated funds. - Any portion of the funds made

available to a State under this subsection that is not made

available to counties within 1 year after the funds are made

available to the State shall be apportioned among the States in

accordance with section 104(b) of title 23, United States Code.

"(5) Funding. -

"(A) In general. - There is authorized to be appropriated from

the Highway Trust Fund (other than the Mass Transit Account) to

carry out this subsection $1,500,000 for each of fiscal years

1998 through 2003.

"(B) Contract authority. - Funds authorized by 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."

INDIAN RESERVATION ROADS

Section 1032(d) of Pub. L. 102-240 provided that:

"Notwithstanding any other provision of law, funds allocated for

Indian reservation roads may be used for the purpose of funding

road projects on roads of tribally controlled postsecondary

vocational institutions."

Pub. L. 102-240, title I, Sec. 1042, Dec. 18, 1991, 105 Stat.

1993, directed Secretary of Transportation to conduct a study on

funding needs for Indian reservation roads and to report to

Congress on results of the study not later than one year after Dec.

18, 1991, prior to repeal by Pub. L. 105-362, title XV, Sec.

1501(c), Nov. 10, 1998, 112 Stat. 3294.

STUDY AND REPORT ON METHOD OF ALLOCATING FUNDS

Section 1032(e) of Pub. L. 102-240 provided that: "The Secretary

shall undertake a study to determine if the method for allocating

funds authorized for Federal lands highways is adequate to meet the

relative transportation needs of the Federal lands served. The

report shall be submitted within 2 years of the date of the

enactment of this Act [Dec. 18, 1991]."

FOREST HIGHWAYS

Pub. L. 100-17, title I, Sec. 134, Apr. 2, 1987, 101 Stat. 173,

as amended by Pub. L. 100-202, Sec. 101(l) [title III, Sec.

348(a)], Dec. 22, 1987, 101 Stat. 1329-358, 1329-388, provided

that: "Notwithstanding section 202(a) of title 23, United States

Code, the Secretary shall, after making the transfer provided by

section 204(g) of such title, as soon as practicable after the date

of the enactment of this Act [Apr. 2, 1987] in fiscal year 1987 and

on October 1 of each of fiscal years 1988, 1989, 1990, and 1991,

allocate 66 percent of the remainder of the authorization for

forest highways provided for such fiscal year by this Act [see

Short Title of 1987 Amendment note set out under section 101 of

this title] in the same percentage as the amounts allocated for

expenditure in each State and the Commonwealth of Puerto Rico from

funds authorized for forest highways for the fiscal year ending

June 30, 1958, adjusted (1) to eliminate the 0.003243547 percent

for the State of Iowa to the State by deed executed May 26, 1964,

and (2) to redistribute the percentage formerly apportioned to the

State of Iowa to other participating States on a proportional

basis. The remaining funds authorized to be appropriated for forest

highways for such fiscal year shall be allocated pursuant to

section 202(a) of such title."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 134 of this title; title

49 section 5303.

-End-

-CITE-

23 USC Sec. 203 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 203. Availability of funds

-STATUTE-

Funds authorized for forest development roads and trails, public

lands development roads and trails, park road, parkways, refuge

roads, Indian reservation roads, and public lands highways shall be

available for contract upon apportionment, or on October 1, of the

fiscal year for which authorized if no apportionment is required.

Any amount remaining unexpended for a period of three years after

the close of the fiscal year for which authorized shall lapse. The

Secretary of the Department charged with the administration of such

funds is granted authority to incur obligations, approve projects,

and enter into contracts under such authorizations and his action

in doing so shall be deemed a contractual obligation of the United

States for the payment of the cost thereof and such funds shall be

deemed to have been expended when so obligated. Any funds

heretofore or hereafter authorized for any fiscal year for forest

development roads and trails, public lands development roads and

trails, park road, parkways, refuge roads, Indian roads, and public

lands highways shall be deemed to have been expended if a sum equal

to the total of the sums authorized for such fiscal year and

previous fiscal years since and including the fiscal year ending

June 30, 1955, shall have been obligated. Any of such funds

released by payment of final voucher or modification of project

authorizations shall be credited to the balance of unobligated

authorizations and be immediately available for expenditure.

Notwithstanding any other provision of law, the authorization by

the Secretary of engineering and related work for a Federal lands

highways program project, or the approval by the Secretary of

plans, specifications, and estimates for construction of a Federal

lands highways program project, shall be deemed to constitute a

contractual obligation of the Federal Government to pay the Federal

share of the cost of the project.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 906; Pub. L. 86-657, Sec.

8(b), July 14, 1960, 74 Stat. 524; Pub. L. 87-866, Sec. 7, Oct. 23,

1962, 76 Stat. 1147; Pub. L. 94-280, title I, Sec. 117(b), May 5,

1976, 90 Stat. 437; Pub. L. 97-424, title I, Sec. 126(f), Jan. 6,

1983, 96 Stat. 2116; Pub. L. 102-240, title I, Sec. 1032(f), Dec.

18, 1991, 105 Stat. 1975; Pub. L. 105-178, title I, Sec. 1115(c),

(e)(3), June 9, 1998, 112 Stat. 156, 158.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178 substituted "for forest development roads

and trails" for "for, forest development roads and trails" in two

places, inserted "refuge roads," after "parkways," in two places,

and inserted at end "Notwithstanding any other provision of law,

the authorization by the Secretary of engineering and related work

for a Federal lands highways program project, or the approval by

the Secretary of plans, specifications, and estimates for

construction of a Federal lands highways program project, shall be

deemed to constitute a contractual obligation of the Federal

Government to pay the Federal share of the cost of the project."

1991 - Pub. L. 102-240 struck out "forest highways" before ",

forest development roads" in two places.

1983 - Pub. L. 97-424 substituted "park road" for "park roads and

trails" wherever appearing.

1976 - Pub. L. 94-280 substituted "or on October 1" for "or a

date not earlier than one year preceding the beginning" in first

sentence and "three years" for "two years" in second sentence.

1962 - Pub. L. 87-866 inserted "public lands development roads

and trails," before "park roads and trails" in two places.

1960 - Pub. L. 86-657 substituted "Funds authorized" for "Funds

now authorized" in first sentence.

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. 204 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 204. Federal Lands Highways Program

-STATUTE-

(a) Establishment. -

(1) In general. - Recognizing the need for all Federal roads

that are public roads to be treated under uniform policies

similar to the policies that apply to Federal-aid highways, there

is established a coordinated Federal lands highways program that

shall apply to public lands highways, park roads and parkways,

and Indian reservation roads and bridges.

(2) Transportation planning procedures. - In consultation with

the Secretary of each appropriate Federal land management agency,

the Secretary shall develop, by rule, transportation planning

procedures that are consistent with the metropolitan and

statewide planning processes required under sections 134 and 135.

(3) Approval of transportation improvement program. - The

transportation improvement program developed as a part of the

transportation planning process under this section shall be

approved by the Secretary.

(4) Inclusion in other plans. - All regionally significant

Federal lands highways program projects -

(A) shall be developed in cooperation with States and

metropolitan planning organizations; and

(B) shall be included in appropriate Federal lands highways

program, State, and metropolitan plans and transportation

improvement programs.

(5) Inclusion in state programs. - The approved Federal lands

highways program transportation improvement program shall be

included in appropriate State and metropolitan planning

organization plans and programs without further action on the

transportation improvement program.

(6) Development of systems. - The Secretary and the Secretary

of each appropriate Federal land management agency shall, to the

extent appropriate, develop by rule safety, bridge, pavement, and

congestion management systems for roads funded under the Federal

lands highways program.

(b) Funds available for public lands highways, park roads and

parkways, and Indian reservation roads shall be used by the

Secretary and the Secretary of the appropriate Federal land

management agency to pay for the cost of transportation planning,

research, engineering, and construction of the highways, roads, and

parkways, or of transit facilities within public lands, national

parks, and Indian reservations. In connection with activities under

the preceding sentence, the Secretary and the Secretary of the

appropriate Federal land management agency may enter into

construction contracts and other appropriate contracts with a State

or civil subdivision of a State or Indian tribe. In the case of

Indian reservation roads, Indian labor may be employed in such

construction and improvement under such rules and regulations as

may be prescribed by the Secretary of the Interior. No ceiling on

Federal employment shall be applicable to construction or

improvement of Indian reservation roads. Funds available for each

class of Federal lands highways shall be available for any kind of

transportation project eligible for assistance under this title

that is within or adjacent to or provides access to the areas

served by the particular class of Federal lands highways. The

Secretary of Interior may reserve funds from the Bureau of Indian

Affairs' administrative funds associated with the Indian

reservation roads program to finance the Indian technical centers

authorized under section 504(b).

(c) Before approving as a project on an Indian reservation road

any project eligible for funds apportioned under section 104 or

section 144 of this title in a State, the Secretary must determine

that the obligation of funds for such project is supplementary to

and not in lieu of the obligation, for projects on Indian

reservation roads, of a fair and equitable share of funds

apportioned to such State under section 104 of this title.

Notwithstanding any other provision of this title, Indian

reservation roads under the jurisdiction of the Bureau of Indian

Affairs of the Department of the Interior shall be eligible to

expend not more than 15 percent funds (!1) apportioned for Indian

reservation roads from the Highway Trust Fund for the purpose of

road sealing projects. The Bureau of Indian Affairs shall continue

to retain responsibility, including annual funding request

responsibility, for road maintenance programs on Indian

reservations.

(d) Cooperation of States, counties, or other local subdivisions

may be accepted in construction and improvement, and any funds

received from a State, county, or local subdivision shall be

credited to appropriations available for the class of Federal lands

highways to which such funds were contributed.

(e) Construction of each project shall be performed by contract

awarded by competitive bidding, unless the Secretary or the

Secretary of the appropriate Federal land management agency shall

affirmatively find that, under the circumstances relating to such

project, some other method is in the public interest.

Notwithstanding the foregoing, the provisions of section 23 of the

"Buy Indian" Act of June 25, 1910 (36 Stat. 891), and the

provisions of section 7(b) of the Indian Self-Determination and

Education Assistance Act (88 Stat. 2205) shall apply to all funds

administered by the Secretary of the Interior which are

appropriated for the construction and improvement of Indian

reservation roads.

(f) All appropriations for the construction and improvement of

each class of Federal lands highways shall be administered in

conformity with regulations and agreements jointly approved by the

Secretary and the Secretary of the appropriate Federal land

managing agency.

(g) The Secretary shall transfer to the Secretary of Agriculture

from appropriations for forest highways such amounts as may be

needed to cover necessary administrative expenses of the Forest

Service in connection with forest highways.

(h) Eligible Projects. - Funds available for each class of

Federal lands highways may be available for the following:

(1) Transportation planning for tourism and recreational travel

including the National Forest Scenic Byways Program, Bureau of

Land Management Back Country Byways Program, National Trail

System Program, and other similar Federal programs that benefit

recreational development.

(2) Adjacent vehicular parking areas.

(3) Interpretive signage.

(4) Acquisition of necessary scenic easements and scenic or

historic sites.

(5) Provision for pedestrians and bicycles.

(6) Construction and reconstruction of roadside rest areas

including sanitary and water facilities.

(7) Other appropriate public road facilities such as visitor

centers as determined by the Secretary.

(8) A project to build a replacement of the federally owned

bridge over the Hoover Dam in the Lake Mead National Recreation

Area between Nevada and Arizona.

(i) Transfers of Costs to Secretaries of Federal Land Management

Agencies. -

(1) Administrative costs. - The Secretary shall transfer to the

appropriate Federal land management agency from amounts made

available for public lands highways such amounts as are necessary

to pay necessary administrative costs of the agency in connection

with public lands highways.

(2) Transportation planning costs. - The Secretary shall

transfer to the appropriate Federal land management agency from

amounts made available for public lands highways such amounts as

are necessary to pay the cost to the agency to conduct necessary

transportation planning for Federal lands, if funding for the

planning is not otherwise provided under this section.

(j) Indian Reservation Roads Planning. - Up to 2 percent of funds

made available for Indian reservation roads for each fiscal year

shall be allocated to those Indian tribal governments applying for

transportation planning pursuant to the provisions of the Indian

Self-Determination and Education Assistance Act. The Indian tribal

government, in cooperation with the Secretary of the Interior, and

as appropriate, with a State, local government, or metropolitan

planning organization, shall carry out a transportation planning

process in accordance with subsection (a). Projects shall be

selected by the Indian tribal government from the transportation

improvement program and shall be subject to the approval of the

Secretary of the Interior and the Secretary.

(k) Refuge Roads. -

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

title, funds made available for refuge roads shall be used by the

Secretary and the Secretary of the Interior only to pay the cost

of -

(A) maintenance and improvements of refuge roads;

(B) maintenance and improvements of eligible projects

described in paragraphs (2), (5), and (6) of subsection (h)

that are located in or adjacent to wildlife refuges; and

(C) administrative costs associated with such maintenance and

improvements.

(2) Contracts. - In carrying out paragraph (1), the Secretary

and the Secretary of the Interior, as appropriate, may enter into

contracts with a State or civil subdivision of a State or Indian

tribe as is determined advisable.

(3) Compliance with other law. - Funds made available for

refuge roads shall be used only for projects that are in

compliance with the National Wildlife Refuge System

Administration Act of 1966 (16 U.S.C. 668dd et seq.).

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 907; Pub. L. 97-424, title

I, Sec. 126(b), Jan. 6, 1983, 96 Stat. 2114; Pub. L. 100-17, title

I, Sec. 133(b)(13), (14), Apr. 2, 1987, 101 Stat. 172; Pub. L.

102-240, title I, Secs. 1030, 1032(b), title VI, Sec. 6004(c), Dec.

18, 1991, 105 Stat. 1970, 1974, 2169; Pub. L. 105-178, title I,

Sec. 1115(d), (e)(4), title V, Sec. 5119(a), June 9, 1998, 112

Stat. 156, 158, 452.)

-REFTEXT-

REFERENCES IN TEXT

Section 23 of the "Buy Indian" Act of June 25, 1910 (36 Stat.

861), referred to in subsec. (e), is classified to section 47 of

Title 25, Indians.

The Indian Self-Determination and Education Assistance Act,

referred to in subsec. (j), is Pub. L. 93-638, Jan. 4, 1975, 88

Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of Title 25,

Indians. Section 7(b) of the Act is classified to section 450e(b)

of Title 25. For complete classification of this Act to the Code,

see Short Title note set out under section 450 of Title 25 and

Tables.

The National Wildlife Refuge System Administration Act of 1966,

referred to in subsec. (k)(3), consists of sections 4 and 5 of Pub.

L. 89-699, Oct. 15, 1966, 80 Stat. 927, as amended, and is

classified to sections 668dd and 668ee of Title 16, Conservation.

For further details, see Short Title note set out under section

668dd of Title 16.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 1115(d)(1), added

subsec. (a) and struck out former subsec. (a) which read as

follows: "Recognizing the need for all Federal roads which are

public roads to be treated under the same uniform policies as roads

which are on the Federal-aid systems, there is established a

coordinated Federal lands highways program which shall consist of

the public lands highways, park roads, parkways, and Indian

reservation roads as defined in section 101 of this title. The

Secretary, in cooperation with the Secretary of the Interior and

the Secretary of Agriculture, shall develop appropriate

transportation planning procedures and safety, bridge, and pavement

management systems for roads funded under the Federal Lands Highway

Program. Notwithstanding any other provision of this title, no

public lands highway project may be undertaken in any State

pursuant to this section unless the State concurs in the selection

and planning of the project."

Subsec. (b). Pub. L. 105-178, Secs. 1115(d)(2), 5119(a),

substituted "Funds available for public lands highways, park roads

and parkways, and Indian reservation roads shall be used by the

Secretary and the Secretary of the appropriate Federal land

management agency to pay for the cost of transportation planning,

research, engineering, and construction of the highways, roads, and

parkways, or of transit facilities within public lands, national

parks, and Indian reservations. In connection with activities under

the preceding sentence, the Secretary and the Secretary of the

appropriate Federal land management agency may enter into

construction contracts and other appropriate contracts with a State

or civil subdivision of a State or Indian tribe." for "Funds

available for public lands highways shall be used by the Secretary

to pay for the cost of planning, research, engineering and

construction thereof. Funds available for park roads, parkways, and

Indian reservation roads shall be used by the Secretary or the

Secretary of the Interior to pay for the cost of construction and

improvement thereof. In connection therewith, the Secretary and the

Secretary of the Interior, as appropriate, may enter into

construction contracts and such other contracts with a State or

civil subdivision thereof or Indian tribe as deemed advisable." and

"section 504(b)" for "section 326".

Subsec. (e). Pub. L. 105-178, Sec. 1115(d)(3), substituted

"Secretary of the appropriate Federal land management agency" for

"Secretary of the Interior" in first sentence.

Subsec. (h)(8). Pub. L. 105-178, Sec. 1115(d)(4), added par. (8).

Subsec. (i). Pub. L. 105-178, Sec. 1115(d)(5), added subsec. (i)

and struck out heading and text of former subsec. (i). Text read as

follows: "The Secretary shall transfer to the Secretary of the

Interior from the appropriation for public land highways amounts as

may be needed to cover necessary administrative costs of the Bureau

of Land Management in connection with public lands highways."

Subsec. (j). Pub. L. 105-178, Sec. 1115(d)(6), substituted second

sentence for former second sentence which read as follows: "The

Indian tribal government, in cooperation with the Secretary of the

Interior, and, as may be appropriate, with a State, local

government, or metropolitan planning organization, shall develop a

transportation improvement program, that includes all Indian

reservation road projects proposed for funding."

Subsec. (k). Pub. L. 105-178, Sec. 1115(e)(4), added subsec. (k).

1991 - Subsec. (a). Pub. L. 102-240, Sec. 1032(b)(1), struck out

"forest highways," before "public lands highways" and inserted

provisions requiring Secretary, in cooperation with Secretaries of

the Interior and Agriculture, to develop transportation planning

procedures and safety, bridge, and pavement management systems for

roads funded under Federal Lands Highway Program, and provisions

prohibiting public lands highway projects from being undertaken in

any State pursuant to this section unless State concurs in

selection and planning of project.

Subsec. (b). Pub. L. 102-240, Sec. 6004(c), inserted at end "The

Secretary of Interior may reserve funds from the Bureau of Indian

Affairs' administrative funds associated with the Indian

reservation roads program to finance the Indian technical centers

authorized under section 326."

Pub. L. 102-240, Sec. 1032(b)(2)(B), (C), struck out "forest

highways and" before "public lands highways" and inserted at end

"Funds available for each class of Federal lands highways shall be

available for any kind of transportation project eligible for

assistance under this title that is within or adjacent to or

provides access to the areas served by the particular class of

Federal lands highways."

Pub. L. 102-240, Sec. 1032(b)(2)(A), substituted "planning,

research, engineering and construction thereof" for "construction

and improvements thereof" and was executed by making the

substitution for the first reference to "construction and

improvement thereof" to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 102-240, Secs. 1030, 1032(b)(3), substituted

"eligible for funds apportioned under section 104 or section 144 of

this title" for "on a Federal-aid system" and inserted at end

"Notwithstanding any other provision of this title, Indian

reservation roads under the jurisdiction of the Bureau of Indian

Affairs of the Department of the Interior shall be eligible to

expend not more than 15 percent funds apportioned for Indian

reservation roads from the Highway Trust Fund for the purpose of

road sealing projects. The Bureau of Indian Affairs shall continue

to retain responsibility, including annual funding request

responsibility, for road maintenance programs on Indian

reservations."

Subsecs. (h) to (j). Pub. L. 102-240, Sec. 1032(b)(4), added

subsecs. (h) to (j) and struck out former subsec. (h) which read as

follows: "Funds available for each class of Federal lands highways

shall be available for adjacent vehicular parking areas and scenic

easements."

1987 - Subsec. (b). Pub. L. 100-17, Sec. 133(b)(13), inserted

"the Secretary or" after "used by" in second sentence.

Subsec. (e). Pub. L. 100-17, Sec. 133(b)(14), struck out "of

1975" after "Education Assistance Act".

1983 - Pub. L. 97-424 substituted "Federal Lands Highways

Program" for "Forest highways" in section catchline.

Subsecs. (a), (b). Pub. L. 97-424 added subsec. (a), redesignated

former subsec. (a) as (b), inserted reference to public lands

highways, inserted "and improvement" after "construction", inserted

reference to reservations, Indian tribes, and the Secretary of the

Interior, and inserted provision that funds available for park

roads, parkways, and Indian reservation roads shall be used by the

Secretary of the Interior to pay for the cost of construction and

improvement thereof. Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 97-424 added subsec. (c). Former subsec. (c)

redesignated (e).

Subsec. (d). Pub. L. 97-424 redesignated former subsec. (b) as

(d) and substituted provision that cooperation may be accepted in

construction and improvement, and that any funds received from a

State, county, or local subdivision be credited to appropriations

available for the class of Federal lands highways to which such

funds were contributed, for provision that cooperation may be

accepted but may not be required by the Secretary. Former subsec.

(d) redesignated (f).

Subsec. (e). Pub. L. 97-424 redesignated former subsec. (c) as

(e) and substituted provisions relating to competitive bidding and

preference for Indians for provisions that construction estimated

to cost $5,000 or more per mile, exclusive of bridges, was to be

advertised and let to contract, that if such estimated cost was

less than $5,000 per mile or if, after proper advertising, no

acceptable bid was received or the bids deemed excessive, the work

might be done by the Secretary on his own account, and that for

such purpose, the Secretary might purchase, lease, hire, rent, or

otherwise obtain all necessary supplies, materials, tools,

equipment, and facilities required to perform the work, and might

pay wages, salaries, and other expenses for help employed in

connection with such work. Former subsec. (e) redesignated (g).

Subsec. (f). Pub. L. 97-424 redesignated former subsec. (d) as

(f), inserted reference to each class of Federal lands highways and

to agreements, and substituted reference to the Secretary of the

appropriate Federal land management agency for reference to the

Secretary of Agriculture. Former subsec. (f) redesignated (h).

Subsec. (g). Pub. L. 97-424 redesignated former subsec. (e) as

(g) and substituted "forest highways" for "forest-highway program".

Subsec. (h). Pub. L. 97-424 redesignated former subsec. (f) as

(h), substituted reference to each class of Federal lands highways

for reference to forest highways, and reference to scenic easements

for reference to sanitary, water, and fire control facilities.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by sections 1030 and 1032 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 120, 138, 315 of

this title; title 16 section 460lll-14; title 41 section 252; title

49 section 303.

-FOOTNOTE-

(!1) So in original. Probably should be "of funds".

-End-

-CITE-

23 USC Sec. 205 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 205. Forest development roads and trails

-STATUTE-

(a) Funds available for forest development roads and trails shall

be used by the Secretary of Agriculture to pay for the costs of

construction and maintenance thereof, including roads and trails on

experimental and other areas under Forest Service administration.

In connection therewith, the Secretary of Agriculture may enter

into contracts with a State or civil subdivision thereof, and issue

such regulations as he deems advisable.

(b) Cooperation of States, counties, or other local subdivisions

may be accepted but shall not be required by the Secretary of

Agriculture.

(c) Construction estimated to cost $50,000 or more per mile or

$50,000 or more per project for projects with a length of less than

one mile, exclusive of bridges and engineering, shall be advertised

and let to contract. If such estimated cost is less than $50,000

per mile or $50,000 per project for projects with a length of less

than one mile or if, after proper advertising, no acceptable bid is

received or the bids are deemed excessive, the work may be done by

the Secretary of Agriculture on his own account.

(d) Funds available for forest development roads and trails shall

be available for adjacent vehicular parking areas and for sanitary,

water, and fire control facilities.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 907; Pub. L. 86-657, Sec.

8(c), July 14, 1960, 74 Stat. 524; Pub. L. 88-423, Sec. 4(d), Aug.

13, 1964, 78 Stat. 398; Pub. L. 90-495, Sec. 9, Aug. 23, 1968, 82

Stat. 820; Pub. L. 102-240, title I, Sec. 1032(c), Dec. 18, 1991,

105 Stat. 1975.)

-MISC1-

AMENDMENTS

1991 - Subsec. (c). Pub. L. 102-240 substituted "$50,000" for

"$15,000" wherever appearing.

1968 - Subsec. (c). Pub L. 90-495 increased from $10,000 to

$15,000 the cost limitation on construction per mile, or per

project for projects of less than a mile, which the Forest Service

may construct on its own account and struck out provisions spelling

out the functions which the Secretary of Agriculture is authorized

to perform in carrying out such construction.

1964 - Subsec. (a). Pub. L. 88-423 inserted "and other" after

"experimental".

1960 - Subsec. (a). Pub. L. 86-657 substituted "may enter into

contracts" for "may enter into construction contracts".

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 315 of this title.

-End-

-CITE-

23 USC Sec. 206 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 206. Recreational trails program

-STATUTE-

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

apply:

(1) Motorized recreation. - The term "motorized recreation"

means off-road recreation using any motor-powered vehicle, except

for a motorized wheelchair.

(2) Recreational trail. - The term "recreational trail" means a

thoroughfare or track across land or snow, used for recreational

purposes such as -

(A) pedestrian activities, including wheelchair use;

(B) skating or skateboarding;

(C) equestrian activities, including carriage driving;

(D) nonmotorized snow trail activities, including skiing;

(E) bicycling or use of other human-powered vehicles;

(F) aquatic or water activities; and

(G) motorized vehicular activities, including all-terrain

vehicle riding, motorcycling, snowmobiling, use of off-road

light trucks, or use of other off-road motorized vehicles.

(b) Program. - In accordance with this section, the Secretary, in

consultation with the Secretary of the Interior and the Secretary

of Agriculture, shall carry out a program to provide and maintain

recreational trails.

(c) State Responsibilities. - To be eligible for apportionments

under this section -

(1) the Governor of the State shall designate the State agency

or agencies that will be responsible for administering

apportionments made to the State under this section; and

(2) the State shall establish a State recreational trail

advisory committee that represents both motorized and

nonmotorized recreational trail users, which shall meet not less

often than once per fiscal year.

(d) Use of Apportioned Funds. -

(1) In general. - Funds apportioned to a State to carry out

this section shall be obligated for recreational trails and

related projects that -

(A) have been planned and developed under the laws, policies,

and administrative procedures of the State; and

(B) are identified in, or further a specific goal of, a

recreational trail plan, or a statewide comprehensive outdoor

recreation plan required by the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), that is in effect.

(2) Permissible uses. - Permissible uses of funds apportioned

to a State for a fiscal year to carry out this section include -

(A) maintenance and restoration of existing recreational

trails;

(B) development and rehabilitation of trailside and trailhead

facilities and trail linkages for recreational trails;

(C) purchase and lease of recreational trail construction and

maintenance equipment;

(D) construction of new recreational trails, except that, in

the case of new recreational trails crossing Federal lands,

construction of the trails shall be -

(i) permissible under other law;

(ii) necessary and required by a statewide comprehensive

outdoor recreation plan that is required by the Land and

Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et

seq.) and that is in effect;

(iii) approved by the administering agency of the State

designated under subsection (c)(1); and

(iv) approved by each Federal agency having jurisdiction

over the affected lands under such terms and conditions as

the head of the Federal agency determines to be appropriate,

except that the approval shall be contingent on compliance by

the Federal agency with all applicable laws, including the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.), the Forest and Rangeland Renewable Resources Planning

Act of 1974 (16 U.S.C. 1600 et seq.), and the Federal Land

Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(E) acquisition of easements and fee simple title to property

for recreational trails or recreational trail corridors;

(F) payment of costs to the State incurred in administering

the program, but in an amount not to exceed 7 percent of the

apportionment made to the State for the fiscal year to carry

out this section; and

(G) operation of educational programs to promote safety and

environmental protection as those objectives relate to the use

of recreational trails, but in an amount not to exceed 5

percent of the apportionment made to the State for the fiscal

year.

(3) Use of apportionments. -

(A) In general. - Except as provided in subparagraphs (B),

(C), and (D), of the apportionments made to a State for a

fiscal year to carry out this section -

(i) 40 percent shall be used for recreational trail or

related projects that facilitate diverse recreational trail

use within a recreational trail corridor, trailside, or

trailhead, regardless of whether the project is for diverse

motorized use, for diverse nonmotorized use, or to

accommodate both motorized and nonmotorized recreational

trail use;

(ii) 30 percent shall be used for uses relating to

motorized recreation; and

(iii) 30 percent shall be used for uses relating to

nonmotorized recreation.

(B) Small state exclusion. - Any State with a total land area

of less than 3,500,000 acres shall be exempt from the

requirements of clauses (ii) and (iii) of subparagraph (A).

(C) Waiver authority. - A State recreational trail advisory

committee established under subsection (c)(2) may waive, in

whole or in part, the requirements of clauses (ii) and (iii) of

subparagraph (A) if the State recreational trail advisory

committee determines and notifies the Secretary that the State

does not have sufficient projects to meet the requirements of

clauses (ii) and (iii) of subparagraph (A).

(D) State administrative costs. - State administrative costs

eligible for funding under paragraph (2)(F) shall be exempt

from the requirements of subparagraph (A).

(4) Grants. -

(A) In general. - A State may use funds apportioned to the

State to carry out this section to make grants to private

organizations, municipal, county, State, and Federal Government

entities, and other government entities as approved by the

State after considering guidance from the State recreational

trail advisory committee established under subsection (c)(2),

for uses consistent with this section.

(B) Compliance. - A State that makes grants under

subparagraph (A) shall establish measures to verify that

recipients of the grants comply with the conditions of the

program for the use of grant funds.

(e) Environmental Benefit or Mitigation. - To the extent

practicable and consistent with the other requirements of this

section, a State should give consideration to project proposals

that provide for the redesign, reconstruction, nonroutine

maintenance, or relocation of recreational trails to benefit the

natural environment or to mitigate and minimize the impact to the

natural environment.

(f) Federal Share. -

(1) In general. - Subject to the other provisions of this

subsection, the Federal share of the cost of a project under this

section shall not exceed 80 percent.

(2) Federal agency project sponsor. - Notwithstanding any other

provision of law, a Federal agency that sponsors a project under

this section may contribute additional Federal funds toward the

cost of a project, except that -

(A) the share attributable to the Secretary of Transportation

may not exceed 80 percent of the cost of a project under this

section; and

(B) the share attributable to the Secretary and the Federal

agency may not exceed 95 percent of the cost of a project under

this section.

(3) Use of funds from federal programs to provide non-federal

share. - Notwithstanding any other provision of law, the

non-Federal share of the cost of the project may include amounts

made available by the Federal Government under any Federal

program that are -

(A) expended in accordance with the requirements of the

Federal program relating to activities funded and populations

served; and

(B) expended on a project that is eligible for assistance

under this section.

(4) Programmatic non-federal share. - A State may allow

adjustments to the non-Federal share of an individual project for

a fiscal year under this section if the Federal share of the cost

of all projects carried out by the State under the program

(excluding projects funded under paragraph (2) or (3)) using

funds apportioned to the State for the fiscal year does not

exceed 80 percent.

(5) State administrative costs. - The Federal share of the

administrative costs of a State under this subsection shall be

determined in accordance with section 120(b).

(g) Uses Not Permitted. - A State may not obligate funds

apportioned to carry out this section for -

(1) condemnation of any kind of interest in property;

(2) construction of any recreational trail on National Forest

System land for any motorized use unless -

(A) the land has been designated for uses other than

wilderness by an approved forest land and resource management

plan or has been released to uses other than wilderness by an

Act of Congress; and

(B) the construction is otherwise consistent with the

management direction in the approved forest land and resource

management plan;

(3) construction of any recreational trail on Bureau of Land

Management land for any motorized use unless the land -

(A) has been designated for uses other than wilderness by an

approved Bureau of Land Management resource management plan or

has been released to uses other than wilderness by an Act of

Congress; and

(B) the construction is otherwise consistent with the

management direction in the approved management plan; or

(4) upgrading, expanding, or otherwise facilitating motorized

use or access to recreational trails predominantly used by

nonmotorized recreational trail users and on which, as of May 1,

1991, motorized use was prohibited or had not occurred.

(h) Project Administration. -

(1) Credit for donations of funds, materials, services, or new

right-of-way. -

(A) In general. - Nothing in this title or other law shall

prevent a project sponsor from offering to donate funds,

materials, services, or a new right-of-way for the purposes of

a project eligible for assistance under this section. Any

funds, or the fair market value of any materials, services, or

new right-of-way, may be donated by any project sponsor and

shall be credited to the non-Federal share in accordance with

subsection (f).

(B) Federal project sponsors. - Any funds or the fair market

value of any materials or services may be provided by a Federal

project sponsor and shall be credited to the Federal agency's

share in accordance with subsection (f).

(2) Recreational purpose. - A project funded under this section

is intended to enhance recreational opportunity and is not

subject to section 138 of this title or section 303 of title 49.

(3) Continuing recreational use. - At the option of each State,

funds apportioned to the State to carry out this section may be

treated as Land and Water Conservation Fund apportionments for

the purposes of section 6(f)(3) of the Land and Water

Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).

(4) Cooperation by private persons. -

(A) Written assurances. - As a condition of making available

apportionments for work on recreational trails that would

affect privately owned land, a State shall obtain written

assurances that the owner of the land will cooperate with the

State and participate as necessary in the activities to be

conducted.

(B) Public access. - Any use of the apportionments to a State

to carry out this section on privately owned land must be

accompanied by an easement or other legally binding agreement

that ensures public access to the recreational trail

improvements funded by the apportionments.

(i) Contract Authority. - Funds authorized to carry out this

section shall be available for obligation in the same manner as if

the funds were apportioned under chapter 1, except that the Federal

share of the cost of a project under this section shall be

determined in accordance with this section.

-SOURCE-

(Added Pub. L. 105-178, title I, Sec. 1112(a), June 9, 1998, 112

Stat. 146.)

-REFTEXT-

REFERENCES IN TEXT

The Land and Water Conservation Fund Act of 1965, referred to in

subsec. (d)(1)(B), (2)(D)(ii), is Pub. L. 88-578, Sept. 3, 1964, 78

Stat. 897, as amended, which is classified generally to part B

(Sec. 460l-4 et seq.) of subchapter LXIX of chapter 1 of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 460l-4 of Title 16 and

Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (d)(2)(D)(iv), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat.

852, as amended, which is classified generally to chapter 55 (Sec.

4321 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 4321 of Title 42 and Tables.

The Forest and Rangeland Renewable Resources Planning Act of

1974, referred to in subsec. (d)(2)(D)(iv), is Pub. L. 93-378, Aug.

17, 1974, 88 Stat. 476, as amended, which is classified generally

to subchapter I (Sec. 1600 et seq.) of chapter 36 of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 1600 of Title 16 and

Tables.

The Federal Land Policy and Management Act of 1976, referred to

in subsec. (d)(2)(D)(iv), is Pub. L. 94-579, Oct. 21, 1976, 90

Stat. 2743, as amended, which is classified principally to chapter

35 (Sec. 1701 et seq.) of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1701 of Title 43 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 206, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 908,

provided for use of funds for construction and improvement of park

roads and trails and for administration of such funds according to

regulations jointly approved by the Secretary and the Secretary of

the Interior, prior to repeal by Pub. L. 97-424, title I, Sec.

126(d), Jan. 6, 1983, 96 Stat. 2115.

ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS

Pub. L. 105-178, title I, Sec. 1112(e), June 9, 1998, 112 Stat.

151, provided that: "The Secretary shall encourage the States to

enter into contracts and cooperative agreements with qualified

youth conservation or service corps to perform construction and

maintenance of recreational trails under section 206 of title 23,

United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 104 of this title.

-End-

-CITE-

23 USC [Secs. 207 to 209 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

[Secs. 207 to 209. Repealed. Pub. L. 97-424, title I, Sec. 126(d),

Jan. 6, 1983, 96 Stat. 2115]

-MISC1-

Section 207, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 908; Pub. L.

93-87, title I, Sec. 150, Aug. 13, 1973, 87 Stat. 275, provided for

use of funds for construction and improvement of parkways,

including acquisition of rights-of-way and related scenic

easements, administration of such funds according to regulations

jointly approved by the Secretary and the Secretary of the

Interior, and that parkway projects on a Federal-aid system be

subject to all requirements of this title and of any other law

applicable to highways on such system.

Section 208, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 908; Pub. L.

87-282, Sept. 22, 1961, 75 Stat. 584; Pub. L. 93-643, Sec. 102(c),

Jan. 4, 1975, 88 Stat. 2281, provided for use of funds for

construction and improvement of Indian reservation roads and

bridges, supervision of such projects by the Secretary, that such

funds be only supplementary to funds apportioned under section 104

of this title, for use of Indian labor in such projects, and for

cooperation with States and localities.

Section 209, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 908; Pub. L.

88-423, Sec. 4(b), Aug. 13, 1964, 78 Stat. 397, provided for use of

funds for construction and maintenance of public lands highways,

cooperation with State agencies, the application of section 112 of

this title to public lands highways, and for use of such funds for

adjacent ancillary facilities and services.

-End-

-CITE-

23 USC Sec. 210 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 210. Defense access roads

-STATUTE-

(a) The Secretary is authorized, out of the funds appropriated

for defense access roads, to provide for the construction and

maintenance of defense access roads (including bridges, tubes, and

tunnels thereon) to military reservations, to defense industries

and defense industry sites, and to the sources of raw materials

when such roads are certified to the Secretary as important to the

national defense by the Secretary of Defense or such other official

as the President may designate, and for replacing existing highways

and highway connections that are shut off from the general public

use by necessary closures or restrictions at military reservations

and defense industry sites.

(b) Funds appropriated for the purposes of this section shall be

available, without regard to apportionment among the several

States, for paying all or any part of the cost of the construction

and maintenance of defense access roads.

(c) Funds appropriated for defense maneuvers and exercises, may

be used by the Secretary in areas certified to him by the Secretary

of Defense as maneuver areas for such construction, maintenance,

and repair work as may be necessary to keep the highways therein,

which have been or may be used for training of the Armed Forces, in

suitable condition for such training purposes and for repairing the

damage caused to such highways by the operations of men and

equipment in such training.

(d) Whenever any project for the construction of a

circumferential highway around a city or of a radial intracity

route thereto submitted by any State is certified by the Secretary

of Defense, or such other official as the President may designate,

as being important for civilian or military defense, such project

may be constructed out of the funds heretofore or hereafter

authorized to be appropriated for defense access roads.

(e) If the Secretary shall determine that the State

transportation department of any State is unable to obtain

possession and the right to enter upon and use the required

rights-of-way, lands, or interest in lands, improved or unimproved,

required for any project authorized by this section with sufficient

promptness, the Secretary is authorized to acquire, enter upon,

take possession thereof, and expend funds for projects thereon,

prior to approval of title by the Attorney General, in the name of

the United States, such rights-of-way, lands, or interest in lands

as may be required in such State for such projects 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) The cost incurred by the Secretary in acquiring any such

rights-of-way, lands, or interest in lands may include the cost of

examination and abstract of title, certificate of title,

advertising, and any fees incidental to such acquisition; and shall

be payable out of the funds available for paying the cost or the

Federal share of the cost of the project for which such

rights-of-way, lands, or interests in lands are acquired. The

Secretary is further authorized and directed by proper deed

executed in the name of the United States to convey any lands or

interests in lands acquired in any State under the provisions of

prior Acts or of this section to the State transportation

department of such State or to such political subdivision thereof

as its laws may provide, upon such terms and conditions as may be

agreed upon by the Secretary and the State transportation

department, or political subdivisions to which the conveyance is to

be made.

(f) The provisions of section 112 of this title are applicable to

defense access roads.

(g) If the Secretary shall determine that it is necessary for the

expeditious completion of any defense access road project he may

advance to any State out of funds appropriated for defense access

roads transferred and available to the Department of Transportation

the Federal share of the cost of construction thereof to enable the

State transportation department to make prompt payments for

acquisition of rights-of-way, and for the construction as it

progresses. The sums so advanced shall be deposited in a special

fund by the State official authorized by State law to receive such

funds, to be disbursed solely upon vouchers approved by the State

transportation department for rights-of-way which have been or are

being acquired and for construction which has been actually

performed under this section. Upon determination by the Secretary

that funds advanced to any State under the provisions of this

subsection are no longer required, the amount of the advance which

is determined to be in excess of requirements for the project shall

be repaid upon his demand, and such repayments shall be returned to

the credit of the appropriation from which the funds were advanced.

(h) Funds appropriated for the purposes of this section shall be

available to pay the cost of repairing damage caused to highways by

the operation of vehicles and equipment in the construction of

classified military installations and facilities for ballistic

missiles if the Secretary shall determine that the State

transportation department of any State is, or has been, unable to

prevent such damage by restrictions upon the use of such highways

without interference with, or delay in, the completion of a

contract for the construction of such military reservations or

installations. This subsection shall apply notwithstanding any

provision of contract holding a party thereto responsible for such

damage, if the Secretary of Defense or his designee shall

determine, in fact, that construction estimates and the bid of such

party did not include allowance for repairing such damage. This

subsection shall apply to damage caused by construction work

commenced prior to June 1, 1961, and still in progress on that date

and construction work which is commenced or for which a contract is

awarded on or after June 1, 1961.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 908; Pub. L. 86-657, Sec.

8(d), July 14, 1960, 74 Stat. 524; Pub. L. 87-61, title I, Sec.

105, June 29, 1961, 75 Stat. 123; Pub. L. 97-424, title I, Sec.

155, Jan. 6, 1983, 96 Stat. 2134; Pub. L. 100-17, title I, Sec.

133(b)(15), Apr. 2, 1987, 101 Stat. 172; 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, referred to in subsec. (e), 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.

-MISC1-

AMENDMENTS

1998 - Subsecs. (e), (g), (h). Pub. L. 105-178 substituted "State

transportation department" for "State highway department" wherever

appearing.

1987 - Subsec. (g). Pub. L. 100-17 substituted "Transportation"

for "Commerce".

1983 - Subsec. (c). Pub. L. 97-424 substituted "Funds

appropriated for defense maneuvers and exercises" for "Not

exceeding $5,000,000 of any funds appropriated under the Act

approved October 16, 1951 (65 Stat. 422)".

1961 - Subsec. (h). Pub. L. 87-61 added subsec. (h).

1960 - Subsec. (g). Pub. L. 86-657 added subsec. (g).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 114, 2661.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

23 USC [Sec. 211 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

[Sec. 211. Repealed. Pub. L. 100-17, title I, Sec. 133(e)(1), Apr.

2, 1987, 101 Stat. 173]

-MISC1-

Section, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 909, related to

timber access road hearings.

-End-

-CITE-

23 USC Sec. 212 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 212. Inter-American Highway

-STATUTE-

(a) Funds appropriated for the Inter-American Highway shall be

used to enable the United States to cooperate with the Governments

of the American Republics situated in Central America - that is,

with the Governments of the Republic of Costa Rica, El Salvador,

Guatemala, Honduras, Nicaragua, and Panama - in the survey and

construction of the Inter-American Highway within the borders of

the aforesaid Republics, respectively. Not to exceed one-third of

the appropriation authorized for each fiscal year may be expended

without requiring the country or countries in which such funds may

be expended to match any part thereof, if the Secretary of State

shall find that the cost of constructing said highway in such

country or countries will be beyond their reasonable capacity to

bear. The remainder of such authorized appropriations shall be

available for expenditure only when matched to the extent required

by this section by the country in which such expenditure may be

made. Expenditures from the funds available on a matching basis

shall not be made for the survey and construction of any portion of

said highway within the borders of any country named herein unless

such country shall provide and make available for expenditure in

conjunction therewith a sum equal to at least one-third of the

expenditures that may be incurred by that Government and the United

States on such portion of the highway. All expenditures by the

United States under the provisions of this section for material,

equipment, and supplies shall, whenever practicable, be made for

products of the United States or of the country in which such

survey or construction work is being carried on. Construction work

to be performed under contract shall be advertised for a reasonable

period by the Minister of Public Works, or other similar official,

of the government concerned in each of the participating countries

and contracts shall be awarded pursuant to such advertisements with

the approval of the Secretary. No part of the appropriations

authorized shall be available for obligation or expenditure for

work on said highway in any cooperating country unless the

government of said country shall have assented to the provisions of

this section; shall have furnished satisfactory assurances that it

has an organization adequately qualified to administer the

functions required of such country under the provisions hereof; and

then only as such country may submit requests, from time to time,

for the construction of any portion of the highway to standards

adequate to meet present and future traffic needs. No part of said

appropriations shall be available for obligation or expenditure in

any such country until the government of that country shall have

entered into an agreement with the United States which shall

provide, in part, that said country -

(1) will provide, without participation of funds authorized,

all necessary rights-of-way for the construction of said highway,

which rights-of-way shall be of a minimum width where practicable

of one hundred meters in rural areas and fifty meters in

municipalities and shall forever be held inviolate as a part of

the highway for public use;

(2) will not impose any highway toll, or permit any such toll

to be charged, for use by vehicles or persons of any portion of

said highway constructed under the provisions of this section;

(3) will not levy or assess, directly or indirectly, any fee,

tax, or other charge for the use of said highway by vehicles or

persons from the United States that does not apply equally to

vehicles or persons of such country;

(4) will continue to grant reciprocal recognition of vehicle

registration and drivers' licenses in accordance with the

provisions of the Convention for the Regulation of Inter-American

Automotive Traffic, which was opened for signature at the Pan

American Union in Washington on December 15, 1943, and to which

such country and the United States are parties, or of any other

treaty or international convention establishing similar

reciprocal recognition; and

(5) will provide for the maintenance of said highway after its

completion in condition adequately to serve the needs of present

and future traffic.

(b) The survey and construction work authorized by this section

shall be under the administration of the Secretary, who shall

consult with the appropriate officials of the Department of State

with respect to matters involving the foreign relations of this

Government, and such negotiations with the Governments of the

American Republics named in subsection (a) of this section as may

be required to carry out the purposes of this section shall be

conducted through, or as authorized by, the Department of State.

(c) The provisions of this section shall not create nor authorize

the creation of any obligations on the part of the Government of

the United States with respect to any expenditures for highway

construction or survey heretofore or hereafter undertaken in any of

the countries enumerated in subsection (a) of this section, other

than the expenditures authorized by the provisions of this section.

(d) Appropriations made pursuant to any authorizations

heretofore, or hereafter enacted for the Inter-American Highway

shall be considered available for expenditure by the Secretary for

necessary administrative and engineering expenses in connection

with the Inter-American Highway program.

-SOURCE-

(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 909.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 216 of this title.

-End-

-CITE-

23 USC [Sec. 213 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

[Sec. 213. Repealed. Pub. L. 100-17, title I, Sec. 133(e)(1), Apr.

2, 1987, 101 Stat. 173]

-MISC1-

Section, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 911, related to

construction of Rama Road in Republic of Nicaragua.

-End-

-CITE-

23 USC Sec. 214 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 214. Public lands development roads and trails

-STATUTE-

(a) Funds available for public lands development roads and trails

shall be used to pay the cost of construction and improvement of

such roads and trails.

(b) Funds available for public lands development roads and trails

shall be available for adjacent vehicular parking areas and for

sanitary, water, and fire control facilities.

-SOURCE-

(Added Pub. L. 87-866, Sec. 6(b), Oct. 23, 1962, 76 Stat. 1147;

amended Pub. L. 97-424, title I, Sec. 126(d), Jan. 6, 1983, 96

Stat. 2115.)

-MISC1-

AMENDMENTS

1983 - Subsec. (c). Pub. L. 97-424 struck out subsec. (c) which

provided for prior approval by the Secretary of all projects for

public lands development roads and trails and for general

supervision by the Secretary of their construction.

-End-

-CITE-

23 USC Sec. 215 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 215. Territorial highway program

-STATUTE-

(a) Recognizing the mutual benefits that will accrue to the

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

Northern Mariana Islands, and to the United States from the

improvement of highways in such territories of the United States,

the Secretary is authorized to assist each such territorial

government in a program for the construction and improvement of a

system of arterial highways, and necessary interisland connectors

designated by the Governor of such territory and approved by the

Secretary. Federal financial assistance shall be granted under this

subsection to such territories upon the basis of a Federal

contribution of 100 per centum of the cost of any project.

(b) In order to establish a long-range highway development

program, the Secretary is authorized to provide technical

assistance for the establishment of an appropriate agency to

administer on a continuing basis highway planning, design,

construction and maintenance operations, the development of a

system of arterial and collector highways, including necessary

interisland connectors, and the establishment of advance

acquisition of right-of-way and relocation assistance programs.

(c) No part of the appropriations authorized under this section

shall be available for obligation or expenditure with respect to

any territory until the Governor enters into an agreement with the

Secretary providing that the government of such territory (1) will

design and construct a system of arterial and collector highways,

including necessary interisland connectors, built in accordance

with standards approved by the Secretary; (2) will not impose any

toll, or permit any such toll to be charged, for use by vehicles or

persons of any portion of the facilities constructed or operated

under the provisions of this section; (3) will provide for the

maintenance of such facilities in a condition to adequately serve

the needs of present and future traffic; (4) will implement

standards for traffic operations and uniform traffic control

devices which are approved by the Secretary.

(d)(1) Three per centum of the sums authorized to be appropriated

for each fiscal year for carrying out subsection (a) of this

section shall be available for expenditure only for engineering and

economic surveys and investigations, for the planning of future

highway programs and the financing thereof, for studies of the

economy, safety, and convenience of highway usage and the desirable

regulation and equitable taxation thereof, and for research and

development, necessary in connection with the planning, design, and

maintenance of the highway system, and the regulation and taxation

of their use.

(2) In addition to the percentage provided in paragraph (1) of

the subsection, not to exceed 2 per centum of sums authorized to be

appropriated for each fiscal year for carrying out subsection (a)

of this section may be expended upon request of the Governor and

with the approval of the Secretary for the purposes enumerated in

paragraph (1) of this subsection.

(e) None of the funds authorized to be appropriated for carrying

out this section shall be obligated or expended for maintenance of

the highway system.

(f) The provisions of chapter 1 of this title that are applicable

to Federal-aid primary highway funds, other than provisions

relating to the apportionment formula and provisions limiting the

expenditure of such funds to the Federal-aid systems, shall apply

to the funds authorized to be appropriated to carry out this

section, except as determined by the Secretary to be inconsistent

with this section.

-SOURCE-

(Added Pub. L. 91-605, title I, Sec. 112(a), Dec. 31, 1970, 84

Stat. 1720; amended Pub. L. 95-599, title I, Sec. 129(f), Nov. 6,

1978, 92 Stat. 2708; Pub. L. 96-106, Sec. 9, Nov. 9, 1979, 93 Stat.

798; Pub. L. 100-17, title I, Sec. 133(b)(16), Apr. 2, 1987, 101

Stat. 172.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-17 inserted reference in first

sentence to Commonwealth of the Northern Mariana Islands.

1979 - Subsec. (f). Pub. L. 96-106 substituted "chapter 1" for

"chapters 1 and 5".

1978 - Subsec. (a). Pub. L. 95-599 substituted "100 per centum"

for "70 per centum".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-599 effective with respect to obligations

incurred after Nov. 6, 1978, see section 129(h) of Pub. L. 95-599,

set out as a note under section 120 of this title.

AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS ENDING SEPTEMBER

30, 1979, 1980, AND 1982

Pub. L. 95-599, title I, Sec. 104(a)(12), Nov. 6, 1978, 92 Stat.

2691, provided that: "For carrying out section 215(a) of title 23,

United States Code -

"(A) for the Virgin Islands, not to exceed $5,000,000 per

fiscal year for each of the fiscal years ending September 30,

1979, September 30, 1980, September 30, 1981, and September 30,

1982.

"(B) for Guam, not to exceed $5,000,000 per fiscal year for

each of the fiscal years ending September 30, 1979, September 30,

1980, September 30, 1981, and September 30, 1982.

"(C) for American Samoa, not to exceed $1,000,000 per fiscal

year for each of the fiscal years ending September 30, 1979,

September 30, 1980, September 30, 1981, and September 30, 1982.

"Sums authorized by this paragraph shall be available for

obligation at the beginning of the period for which authorized in

the same manner and to the same extent as if such sums were

apportioned under chapter 1 of title 23, United States Code."

AUTHORIZATION OF APPROPRIATIONS, THREE-MONTH PERIOD ENDING

SEPTEMBER 30, 1976, AND FISCAL YEARS ENDING SEPTEMBER 30, 1977, AND

1978

Pub. L. 94-280, title I, Sec. 105(a)(12), May 5, 1976, 90 Stat.

427, authorized the appropriation of not to exceed $1,250,000 for

the Virgin Islands and Guam and not to exceed $250,000 for American

Samoa for the three-month period ending Sept. 30, 1976, and not to

exceed $5,000,000 for the Virgin Islands and Guam and not to exceed

$1,000,000 for American Samoa for the fiscal years ending Sept. 30,

1977, and 1978, such sums to be available for obligation at the

beginning of the fiscal year for which authorized.

AUTHORIZATION OF APPROPRIATIONS, FISCAL YEARS ENDING JUNE 30, 1974,

1975, AND 1976

Pub. L. 93-87, title I, Sec. 104(a)(12), Aug. 13, 1973, 87 Stat.

252, authorized the appropriation for each of fiscal years ending

June 30, 1974, 1975, and 1976 of not to exceed $5,000,000 for the

Virgin Islands, not to exceed $2,000,000 for Guam, and not to

exceed $1,000,000 for American Samoa, such sums to be available for

obligation at the beginning of the fiscal year for which

authorized.

AUTHORIZATION OF APPROPRIATIONS, FISCAL YEARS ENDING JUNE 30, 1971,

1972, AND 1973

Section 112(c), (d) of Pub. L. 91-605 authorized the

appropriation of not to exceed $2,000,000 for each of fiscal years

ending June 30, 1971, 1972, and 1973, for the Virgin Islands and

Guam, and $500,000 for American Samoa, to carry out section 215(a)

of this title; the sums appropriated for fiscal 1971 to be made

available immediately and sums appropriated for fiscal 1972 and

1973 to be available at the beginning of the fiscal year for which

authorized.

-End-

-CITE-

23 USC Sec. 216 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 216. Darien Gap Highway

-STATUTE-

(a) The United States shall cooperate with the Government of the

Republic of Panama and with the Government of Colombia in the

construction of approximately two hundred and fifty miles of

highway in such countries in the location known as the "Darien Gap"

to connect the Inter-American Highway authorized by section 212 of

this title with the Pan American Highway System of South America.

Such highway shall be known as the "Darien Gap Highway". Funds

authorized by this section shall be obligated and expended subject

to the same terms, conditions, and requirements with respect to the

Darien Gap Highway as are funds authorized for the Inter-American

Highway by subsection (a) of section 212 of this title.

(b) The construction authorized by this section shall be under

the administration of the Secretary, who shall consult with the

appropriate officials of the Department of State with respect to

matters involving the foreign relations of this Government, and

such negotiations with the Governments of the Republic of Panama

and Colombia as may be required to carry out the purposes of this

section shall be conducted through, or authorized by, the

Department of State.

(c) The provisions of this section shall not create nor authorize

the creation of any obligations on the part of the Government of

the United States with respect to any expenditures for highway

survey or construction heretofore or hereafter undertaken in Panama

or Colombia, other than the expenditures authorized by the

provision of this section.

(d) Appropriations made pursuant to any authorization for the

Darien Gap Highway shall be available for expenditure by the

Secretary for necessary administrative and engineering expenses in

connection with the Darien Gap Highway program.

(e) For the purposes of this section the term "construction" does

not include any costs of rights-of-way, relocation assistance, or

the elimination of hazards of railway grade crossings.

-SOURCE-

(Added Pub. L. 91-605, title I, Sec. 113(a), Dec. 31, 1970, 84

Stat. 1721.)

-MISC1-

AUTHORIZATION OF APPROPRIATIONS

Section 113(c) of Pub. L. 91-605 provided that: "There is hereby

authorized to be appropriated not to exceed $100,000,000, to remain

available until expended to enable the Secretary of Transportation

to carry out section 216 of title 23, United States Code."

-End-

-CITE-

23 USC Sec. 217 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 217. Bicycle transportation and pedestrian walkways

-STATUTE-

(a) Use of STP and Congestion Mitigation Program Funds. - Subject

to project approval by the Secretary, a State may obligate funds

apportioned to it under sections 104(b)(2) and 104(b)(3) of this

title for construction of pedestrian walkways and bicycle

transportation facilities and for carrying out nonconstruction

projects related to safe bicycle use.

(b) Use of National Highway System Funds. - Subject to project

approval by the Secretary, a State may obligate funds apportioned

to it under section 104(b)(1) of this title for construction of

pedestrian walkways and bicycle transportation facilities on land

adjacent to any highway on the National Highway System.

(c) Use of Federal Lands Highway Funds. - Funds authorized for

forest highways, forest development roads and trails, public lands

development roads and trails, park roads, parkways, Indian

reservation roads, and public lands highways shall be available, at

the discretion of the department charged with the administration of

such funds, for the construction of pedestrian walkways and bicycle

transportation facilities in conjunction with such trails, roads,

highways, and parkways.

(d) State Bicycle and Pedestrian Coordinators. - Each State

receiving an apportionment under sections 104(b)(2) and 104(b)(3)

of this title shall use such amount of the apportionment as may be

necessary to fund in the State department of transportation a

position of bicycle and pedestrian coordinator for promoting and

facilitating the increased use of nonmotorized modes of

transportation, including developing facilities for the use of

pedestrians and bicyclists and public education, promotional, and

safety programs for using such facilities.

(e) Bridges. - In any case where a highway bridge deck being

replaced or rehabilitated with Federal financial participation is

located on a highway on which bicycles are permitted to operate at

each end of such bridge, and the Secretary determines that the safe

accommodation of bicycles can be provided at reasonable cost as

part of such replacement or rehabilitation, then such bridge shall

be so replaced or rehabilitated as to provide such safe

accommodations.

(f) Federal Share. - For all purposes of this title, construction

of a pedestrian walkway and a bicycle transportation facility shall

be deemed to be a highway project and the Federal share payable on

account of such construction shall be determined in accordance with

section 120(b).

(g) Planning and Design. -

(1) In general. - Bicyclists and pedestrians shall be given due

consideration in the comprehensive transportation plans developed

by each metropolitan planning organization and State in

accordance with sections 134 and 135, respectively. Bicycle

transportation facilities and pedestrian walkways shall be

considered, where appropriate, in conjunction with all new

construction and reconstruction of transportation facilities,

except where bicycle and pedestrian use are not permitted.

(2) Safety considerations. - Transportation plans and projects

shall provide due consideration for safety and contiguous routes

for bicyclists and pedestrians. Safety considerations shall

include the installation, where appropriate, and maintenance of

audible traffic signals and audible signs at street crossings.

(h) Use of Motorized Vehicles. - Motorized vehicles may not be

permitted on trails and pedestrian walkways under this section,

except for -

(1) maintenance purposes;

(2) when snow conditions and State or local regulations permit,

snowmobiles;

(3) motorized wheelchairs;

(4) when State or local regulations permit, electric bicycles;

and

(5) such other circumstances as the Secretary deems

appropriate.

(i) Transportation Purpose. - No bicycle project may be carried

out under this section unless the Secretary has determined that

such bicycle project will be principally for transportation, rather

than recreation, purposes.

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

apply:

(1) Bicycle transportation facility. - The term "bicycle

transportation facility" means a new or improved lane, path, or

shoulder for use by bicyclists and a traffic control device,

shelter, or parking facility for bicycles.

(2) Electric bicycle. - The term "electric bicycle" means any

bicycle or tricycle with a low-powered electric motor weighing

under 100 pounds, with a top motor-powered speed not in excess of

20 miles per hour.

(3) Pedestrian. - The term "pedestrian" means any person

traveling by foot and any mobility-impaired person using a

wheelchair.

(4) Wheelchair. - The term "wheelchair" means a mobility aid,

usable indoors, and designed for and used by individuals with

mobility impairments, whether operated manually or motorized.

-SOURCE-

(Added Pub. L. 93-87, title I, Sec. 124(a), Aug. 13, 1973, 87 Stat.

262; amended Pub. L. 94-280, title I, Sec. 134, May 5, 1976, 90

Stat. 441; Pub. L. 95-599, title I, Sec. 141(h), Nov. 6, 1978, 92

Stat. 2712; Pub. L. 97-424, title I, Sec. 126A, formerly Sec. 126,

Jan. 6, 1983, 96 Stat. 2116, renumbered Sec. 126A, Pub. L. 100-17,

title I, Sec. 133(a)(2), Apr. 2, 1987, 101 Stat. 170; Pub. L.

100-17, title I, Sec. 127, Apr. 2, 1987, 101 Stat. 167; Pub. L.

102-240, title I, Sec. 1033, Dec. 18, 1991, 105 Stat. 1975; Pub. L.

104-59, title III, Sec. 310(b), Nov. 28, 1995, 109 Stat. 582; Pub.

L. 105-178, title I, Sec. 1202(a), June 9, 1998, 112 Stat. 168.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-178, Sec. 1202(a)(1), inserted

"pedestrian walkways and" after "construction of" and struck out

"(other than the Interstate System)" after "on the National Highway

System".

Subsec. (e). Pub. L. 105-178, Sec. 1202(a)(2), struck out ",

other than a highway access to which is fully controlled," after

"located on a highway".

Subsec. (g). Pub. L. 105-178, Sec. 1202(a)(3), added subsec. (g)

and struck out heading and text of former subsec. (g). Text read as

follows: "Pedestrian walkways and bicycle transportation facilities

to be constructed under this section shall be located and designed

pursuant to an overall plan to be developed by each metropolitan

planning organization and State and incorporated into their

comprehensive annual long-range plans in accordance with sections

134 and 135 of this title, respectively. Such plans shall provide

due consideration for safety and contiguous routes."

Subsec. (h). Pub. L. 105-178, Sec. 1202(a)(4), substituted

"Motorized vehicles may not" for "No motorized vehicles shall" in

introductory provisions.

Subsec. (h)(3). Pub. L. 105-178, Sec. 1202(a)(5), substituted

"motorized wheelchairs;" for "when State and local regulations

permit, motorized wheelchairs; and".

Subsec. (h)(4), (5). Pub. L. 105-178, Sec. 1202(a)(6), added par.

(4) and redesignated former par. (4) as (5).

Subsec. (j). Pub. L. 105-178, Sec. 1202(a)(7), added subsec. (j)

and struck out heading and text of former subsec. (j). Text read as

follows: "For purposes of this section, a 'bicycle transportation

facility' means new or improved lanes, paths, or shoulders for use

by bicyclists, traffic control devices, shelters, and parking

facilities for bicycles."

1995 - Subsec. (f). Pub. L. 104-59 substituted "determined in

accordance with section 120(b)" for "80 percent".

1991 - Pub. L. 102-240 substituted "walkways" for "walkway" in

section catchline and amended text generally, substituting present

provisions for provisions authorizing States to construct

pedestrian walkways and bicycle lanes, paths, etc., as Federal-aid

highway projects, relating to safe accommodation of bicycles on

bridge with deck replaced or rehabilitated with Federal

participation, prohibiting bicycle project under this section

unless principally for transportation purposes, deeming walkway and

bicycle projects as highway projects and setting Federal share at

100 per centum, allowing use of funds authorized for forest

highways, forest development roads and trails, etc., for

construction of walkways and bicycle routes, prohibiting use of

motor vehicles on trails and walkways, and relating to obligation

of funds.

1987 - Subsec. (b)(1). Pub. L. 100-17 inserted "and sums

apportioned or allocated for highway substitute projects in

accordance with section 103(e)(4) of this title" after "title" in

second sentence.

1983 - Subsec. (a). Pub. L. 97-424 designated as subsec. (a) that

portion of former subsec. (a) relating to pedestrian walkways.

Remainder of former subsec. (a) relating to bicycles was

redesignated (b)(1).

Subsec. (b). Pub. L. 97-424 redesignated as par. (1) that portion

of former subsec. (a) relating to bicycles and added pars. (2) and

(3). Provisions of former subsec. (b) relating to pedestrian

walkways and bicycles projects were redesignated (c) and (d),

respectively.

Subsec. (c). Pub. L. 97-424 redesignated as subsec. (c) that

portion of former subsec. (b) relating to pedestrian walkways.

Provisions of former subsec. (c) relating to pedestrian walkways

and to bicycle routes were redesignated (e) and (f), respectively.

Subsec. (d). Pub. L. 97-424 redesignated as subsec. (d) that

portion of former subsec. (b) relating to bicycle projects. Former

subsec. (d) redesignated (g).

Subsec. (e). Pub. L. 97-424 redesignated as subsec. (e) that

portion of former subsec. (c) relating to pedestrian walkways.

Former subsec. (e) redesignated (h) and amended.

Subsec. (f). Pub. L. 97-424 redesignated as subsec. (f) that

portion of former subsec. (c) relating to bicycle routes.

Subsec. (g). Pub. L. 97-424 redesignated former subsec. (d) as

(g).

Subsec. (h). Pub. L. 97-424 redesignated former subsec. (e) as

(h), substituted reference to subsecs. (a), (b), (e), and (f) of

this section for reference to former subsecs. (a) and (c), and

substituted provision that no State shall obligate more than

$4,500,000 for such projects in any fiscal year, except that the

Secretary may, upon application, waive this limitation for a State

for any fiscal year for provision that no State was to obligate

more than $2,500,000 for such projects for any fiscal year.

1978 - Subsec. (a). Pub. L. 95-599 inserted provision relating to

energy conservation and struck out requirement that such

construction be in conjunction with Federal-aid highways.

1976 - Subsec. (e). Pub. L. 94-280 substituted "$45,000,000" for

"$40,000,000" and "$2,500,000" for "$2,000,000".

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.

DESIGN GUIDANCE

Pub. L. 105-178, title I, Sec. 1202(b), June 9, 1998, 112 Stat.

169, provided that:

"(1) In general. - In implementing section 217(g) of title 23,

United States Code, the Secretary, in cooperation with the American

Association of State Highway and Transportation Officials, the

Institute of Transportation Engineers, and other interested

organizations, shall develop guidance on the various approaches to

accommodating bicycles and pedestrian travel.

"(2) Issues to be addressed. - The guidance shall address issues

such as the level and nature of the demand, volume, and speed of

motor vehicle traffic, safety, terrain, cost, and sight distance.

"(3) Recommendations. - The guidance shall include

recommendations on amending and updating the policies of the

American Association of State Highway and Transportation Officials

relating to highway and street design standards to accommodate

bicyclists and pedestrians.

"(4) Time period for development. - The guidance shall be

developed within 18 months after the date of enactment of this Act

[June 9, 1998]."

ENERGY CONSERVATION BICYCLE TRANSPORTATION PROGRAM; REPORT

Pub. L. 95-619, title VI, Sec. 682, Nov. 9, 1978, 92 Stat. 3287,

set forth findings respecting an energy conservation bicycle

transportation program and required a study and report not more

than one year after Nov. 9, 1978, by the Secretary of

Transportation for bicycle use potential, etc.

BIKEWAY CONSTRUCTION PROJECTS

Section 141(a)-(e), (i) of Pub. L. 95-599, related to

establishment by Secretary of design and construction standards for

bikeway construction projects and to grants to States for bikeway

construction projects, prior to repeal by Pub. L. 100-17, title I,

Sec. 133(e)(2), Apr. 2, 1987, 101 Stat. 173.

BIKEWAY DEMONSTRATION PROGRAM

Pub. L. 93-643, Sec. 119, Jan. 4, 1975, 88 Stat. 2288, authorized

grants to States for demonstration projects for construction of

bikeways, prior to repeal by Pub. L. 100-17, title I, Sec.

133(e)(2), Apr. 2, 1987, 101 Stat. 173.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 133 of this title.

-End-

-CITE-

23 USC Sec. 218 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

Sec. 218. Alaska Highway

-STATUTE-

(a) Recognizing the benefits that will accrue to the State of

Alaska and to the United States from the reconstruction of the

Alaska Highway from the Alaskan border to Haines Junction in Canada

and the Haines Cutoff Highway from Haines Junction in Canada to

Haines, the Secretary is authorized out of the funds appropriated

for the purpose of this section to provide for necessary

reconstruction of such highway. Such appropriations shall remain

available until expended. Notwithstanding any other provision of

law, in addition to such funds, upon agreement with the State of

Alaska, the Secretary is authorized to expend on such highway or

the Alaska Marine Highway System any Federal-aid highway funds

apportioned to the State of Alaska under this title at a Federal

share of 100 per centum. Notwithstanding any other provision of

law, any obligation limitation enacted for fiscal year 1983 or for

any other fiscal year thereafter, including any portion of any

other fiscal year thereafter, prior to the date of the enactment of

the Transportation Equity Act for the 21st Century shall not apply

to projects authorized by the preceding sentence. No expenditures

shall be made for the construction of the portion of such highways

that are in Canada until an agreement has been reached by the

Government of Canada and the Government of the United States which

shall provide, in part, that the Canadian Government -

(1) will provide, without participation of funds authorized

under this title, all necessary right-of-way for the

reconstruction of such highways;

(2) will not impose any highway toll, or permit any such toll

to be charged for the use of such highways by vehicles or

persons;

(3) will not levy or assess, directly or indirectly, any fee,

tax, or other charge for the use of such highways by vehicles or

persons from the United States that does not apply equally to

vehicles or persons of Canada;

(4) will continue to grant reciprocal recognition of vehicle

registration and drivers' licenses in accordance with agreements

between the United States and Canada; and

(5) will maintain such highways after their completion in

proper condition adequately to serve the needs of present and

future traffic.

(b) The survey and construction work undertaken in Canada

pursuant to this section shall be under the general supervision of

the Secretary.

-SOURCE-

(Added Pub. L. 93-87, title I, Sec. 127(a)(1), Aug. 13, 1973, 87

Stat. 264; amended Pub. L. 94-147, Dec. 12, 1975, 89 Stat. 803;

Pub. L. 97-424, title I, Sec. 158, Jan. 6, 1983, 96 Stat. 2135;

Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 316], Oct.

21, 1998, 112 Stat. 2681-439, 2681-468.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Transportation Equity Act for

the 21st Century, referred to in subsec. (a), is the date of

enactment of Pub. L. 105-178, which was approved June 9, 1998.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(g) [title III, Sec.

316(1)(A)], substituted "to Haines" for "to the south Alaskan

border" in first sentence, substituted "such highway or the Alaska

Marine Highway System" for "such highway" in third sentence,

substituted "any other fiscal year thereafter, including any

portion of any other fiscal year thereafter, prior to the date of

the enactment of the Transportation Equity Act for the 21st

Century" for "any other fiscal year thereafter" in fourth sentence,

substituted "construction of the portion of such highways that are

in Canada until an agreement" for "construction of such highways

until an agreement" in fifth sentence.

Subsec. (b). Pub. L. 105-277, Sec. 101(g) [title III, Sec.

316(2)], inserted "in Canada" after "undertaken".

1983 - Subsec. (a). Pub. L. 97-424 inserted provision that

notwithstanding any other provision of law, upon agreement with the

State of Alaska, the Secretary is authorized to expend on the

highway any Federal-aid highway funds apportioned to the State of

Alaska under this title at a Federal share of 100 per centum, and

that any obligation limitation enacted for fiscal year 1983 or for

any other fiscal year thereafter shall not apply to such projects.

1975 - Subsec. (a)(1). Pub. L. 94-147 struck out provision

requiring that the right-of-way granted by the Canadian Government

shall forever be held inviolate as part of such highways in public

use.

ALASKAN ROADS STUDY; INVESTIGATION; REPORT TO CONGRESS

Pub. L. 94-280, title I, Sec. 151, May 5, 1976, 90 Stat. 448,

provided that:

"(a) The Secretary of Transportation is authorized to undertake

an investigation and study to determine the cost of, and the

responsibility for, repairing the damage to Alaska highways that

has been or will be caused by heavy truck traffic during

construction of the trans-Alaska pipeline and to restore them to

proper standards when construction is complete. The Secretary of

Transportation shall report his initial findings to the Congress on

or before September 30, 1976, and his final conclusions on

rebuilding costs no later than three months after completion of

pipeline construction.

"(b) There is hereby authorized to be appropriated, out of any

money in the Treasury not otherwise appropriated, to be available

until expended, the sum of $200,000 for the purpose of making the

study authorized by subsection (a) of this section."

APPROPRIATIONS AUTHORIZATION

Section 127(b) of Pub. L. 93-87 provided that: "For the purpose

of completing necessary reconstruction of the Alaska Highway from

the Alaskan border to Haines Junction in Canada and the Haines

Cutoff Highway from Haines Junction in Canada to the south Alaskan

border there is authorized to be appropriated the sum of

$58,670,000 to be expended in accordance with the provisions of

section 218 of title 23 of the United States Code."

-End-

-CITE-

23 USC [Sec. 219 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 2 - OTHER HIGHWAYS

-HEAD-

[Sec. 219. Repealed. Pub. L. 100-17, title I, Sec. 133(e)(1), Apr.

2, 1987, 101 Stat. 173]

-MISC1-

Section, added Pub. L. 93-643, Sec. 122(a), Jan. 4, 1975, 88

Stat. 2289; amended Pub. L. 94-280, title I, Sec. 135(a), May 5,

1976, 90 Stat. 441; Pub. L. 95-599, title I, Sec. 168(d), Nov. 6,

1978, 92 Stat. 2723; Pub. L. 96-106, Sec. 10(a), Nov. 9, 1979, 93

Stat. 798, related to projects for safer off-system roads.

-End-