-CITE-
    23 USC CHAPTER 2 - OTHER HIGHWAYS                           01/03/2007

-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 to 209. Repealed.]                                           
    210.        Defense access roads.                                 
    [211.       Repealed.]                                            
    212.        Inter-American Highway.                               
    [213.       Repealed.]                                            
    214.        Public lands development roads and trails.            
    215.        Territorial highway program.                          
    216.        Darien Gap Highway.                                   
    217.        Bicycle transportation and pedestrian walkways.       
    218.        Alaska Highway.                                       
    [219.       Repealed.]                                            

                                AMENDMENTS                            
      2005 - Pub. L. 109-59, title I, Sec. 1118(b)(3), Aug. 10, 2005,
    119 Stat. 1181, substituted "Territorial highway program" for
    "Territories highway development program" in item 215.
      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    Stat. 151, substituted "Recreational trails program" for "Repealed"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.

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

-End-

-CITE-
    23 USC Sec. 201                                             01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 2 - OTHER HIGHWAYS

-HEAD-
    Sec. 202. Allocations

-STATUTE-
      (a) Allocation Based on Need. - 
        (1) In general. - On October 1 of each fiscal year, the
      Secretary shall allocate sums authorized to be appropriated for
      the fiscal year for forest development roads and trails according
      to the relative needs of the various national forests and
      grasslands.
        (2) Planning. - The allocation under paragraph (1) shall be
      consistent with the renewable resource and land use planning for
      the various national forests.

      (b) Allocation for Public Lands Highways. - 
        (1) Public lands highways. - 
          (A) In general. - On October 1 of each fiscal year, the
        Secretary shall allocate 34 percent of the sums authorized to
        be appropriated for that 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 the States, respectively, as determined
        by the Secretary, on application of the State transportation
        departments of the respective States.
          (B) Preference. - In making the allocation under subparagraph
        (A), the Secretary shall give preference to those projects that
        are significantly impacted by Federal land and resource
        management activities that are proposed by a State that
        contains at least 3 percent of the total public land in the
        United States.

        (2) Forest highways. - 
          (A) In general. - On October 1 of each fiscal year, the
        Secretary shall allocate 66 percent of the funds authorized to
        be appropriated for public lands highways for forest highways
        in accordance with section 134 of the Federal-Aid Highway Act
        of 1987 (23 U.S.C. 202 note; 101 Stat. 173).
          (B) Public access to and within national forest system. - In
        making the allocation under subparagraph (A), 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 - 
            (i) renewable resource and land use planning; and
            (ii) assessments of the impact of that planning on
          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.

          (E) Transferred funds. - 
            (i) In general. - Not later than 30 days after the date on
          which funds are made available to the Secretary of the
          Interior under this paragraph, the funds shall be distributed
          to, and available for immediate use by, the eligible Indian
          tribes, in accordance with the formula for distribution of
          funds under the Indian reservation roads program.
            (ii) Use of funds. - Notwithstanding any other provision of
          this section, funds available to Indian tribes for Indian
          reservation roads shall be expended on projects identified in
          a transportation improvement program approved by the
          Secretary.

          (F) Administrative expenses. - 
            (i) In general. - Of the funds authorized to be
          appropriated for Indian reservation roads, $20,000,000 for
          fiscal year 2006, $22,000,000 for fiscal year 2007,
          $24,500,000 for fiscal year 2008, and $27,000,000 for fiscal
          year 2009 may be used by the Secretary of the Interior for
          program management and oversight and project-related
          administrative expenses.
            (ii) Health and safety assurances. - Notwithstanding any
          other provision of law, an Indian tribal government may
          approve plans, specifications, and estimates and commence
          road and bridge construction with funds made available for
          Indian reservation roads under the Transportation Equity Act
          for the 21st Century (Public Law 105-178) and SAFETEA-LU
          through a contract or agreement under the Indian Self-
          Determination and Education Assistance Act (25 U.S.C. 450b
          et seq.) (!1) if the Indian tribal government - 

              (I) provides assurances in the contract or agreement that
            the construction will meet or exceed applicable health and
            safety standards;
              (II) obtains the advance review of the plans and
            specifications from a State-licensed civil engineer that
            has certified that the plans and specifications meet or
            exceed the applicable health and safety standards; and
              (III) provides a copy of the certification under
            subclause (I) to the Deputy Assistant Secretary for Tribal
            Government Affairs or the Assistant Secretary for Indian
            Affairs, as appropriate.

          (G) National tribal transportation facility inventory. - 
            (i) In general. - Not later than 2 years after the date of
          enactment of the SAFETEA-LU, the Secretary, in cooperation
          with the Secretary of the Interior, shall complete a
          comprehensive national inventory of transportation facilities
          that are eligible for assistance under the Indian reservation
          roads program.
            (ii) Transportation facilities included in the inventory. -
          For purposes of identifying the tribal transportation system
          and determining the relative transportation needs among
          Indian tribes, the Secretary shall include, at a minimum,
          transportation facilities that are eligible for assistance
          under the Indian reservation roads program that a tribe has
          requested, including facilities that - 
              (I) were included in the Bureau of Indian Affairs system
            inventory for funding formula purposes in 1992 or any
            subsequent fiscal year;
              (II) were constructed or reconstructed with funds from
            the Highway Trust Funds (other than the Mass Transit
            Account) under the Indian reservation roads program since
            1983;
              (III) are owned by an Indian tribal government; or
              (IV) are community streets or bridges within the exterior
            boundary of Indian reservations, Alaska Native villages,
            and other recognized Indian communities (including
            communities in former Indian reservations in Oklahoma) in
            which the majority of residents are American Indians or
            Alaska Natives; or
              (V) are primary access routes proposed by tribal
            governments, including roads between villages, roads to
            landfills, roads to drinking water sources, roads to
            natural resources identified for economic development, and
            roads that provide access to intermodal termini, such as
            airports, harbors, or boat landings.

            (iii) Limitation on primary access routes. - For purposes
          of this subparagraph, a proposed primary access route is the
          shortest practicable route connecting 2 points of the
          proposed route.
            (iv) Additional facilities. - Nothing in this subparagraph
          shall preclude the Secretary from including additional
          transportation facilities that are eligible for funding under
          the Indian reservation roads program in the inventory used
          for the national funding allocation if such additional
          facilities are included in the inventory in a uniform and
          consistent manner nationally.
            (v) Report to congress. - Not later than 90 days after the
          date of completion of the inventory under this subparagraph,
          the Secretary shall prepare and submit a report to Congress
          that includes the data gathered and the results of the
          inventory.

        (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 chapter
        and section 125(e) 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) Funding. - 
            (i) Authorization of appropriations. - In addition to any
          other funds made available for Indian reservation roads for
          each fiscal year, there is authorized to be appropriated from
          the Highway Trust Fund (other than the Mass Transit Account)
          $14,000,000 for each of fiscal years 2005 through 2009 to
          carry out planning, design, engineering, preconstruction,
          construction, and inspection of 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.
            (ii) Availability. - Funds made available to carry out this
          subparagraph shall be available for obligation in the same
          manner as if such funds were apportioned under chapter 1.

          (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 structurally deficient or functionally obsolete;
          and
            (iv) be recorded in the national bridge inventory
          administered by the Secretary under subsection (b).

          (D) Approval requirement. - 
            (i) In general. - Subject to clause (ii), on request by an
          Indian tribe or the Secretary of the Interior, the Secretary
          may make funds available under this subsection for
          preliminary engineering for Indian reservation road bridge
          projects.
            (ii) Construction and construction engineering. - The
          Secretary may make funds available under clause (i) for
          construction and construction engineering after approval of
          applicable plans, specifications, and estimates in accordance
          with this title.

        (5) 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 to an Indian tribal
        government under this chapter for a highway, road, bridge,
        parkway, or transit facility program or project that is located
        on an Indian reservation or provides access to the reservation
        or a community of the Indian tribe shall be made available, on
        the request of the Indian tribal government, to the Indian
        tribal government for use in carrying out, in accordance with
        the Indian Self-Determination and Education Assistance Act (25
        U.S.C. 450 et seq.), contracts and agreements for the planning,
        research, design, engineering, construction, and maintenance
        relating to the program or project.
          (B) Exclusion of agency participation. - In accordance with
        subparagraph (A), all funds for a program or project to which
        subparagraph (A) applies shall be paid to the Indian tribal
        government without regard to the organizational level at which
        the Department of the Interior has previously carried out, or
        the Department of Transportation has previously carried out
        under the Federal lands highway programs, the programs,
        functions, services, or activities involved.
          (C) Consortia. - Two or more Indian tribes that are otherwise
        eligible to participate in a program or project to which this
        chapter applies may form a consortium to be considered as a
        single Indian tribe for the purpose of participating in the
        project under this section.
          (D) Secretary as signatory. - Notwithstanding any other
        provision of law, the Secretary is authorized to enter into a
        funding agreement with an Indian tribal government to carry out
        a highway, road, bridge, parkway, or transit program or project
        under subparagraph (A) that is located on an Indian reservation
        or provides access to the reservation or a community of the
        Indian tribe.
          (E) Funding. - The amount an Indian tribal government
        receives for a program or project under subparagraph (A) shall
        equal the sum of the funding that the Indian tribal government
        would otherwise receive for the program or project in
        accordance with the funding formula established under this
        subsection and such additional amounts as the Secretary
        determines equal the amounts that would have been withheld for
        the costs of the Bureau of Indian Affairs for administration of
        the program or project.
          (F) Eligibility. - 
            (i) In general. - Subject to clause (ii), funds may be made
          available under subparagraph (A) to an Indian tribal
          government for a program or project in a fiscal year only if
          the Indian tribal government requesting such funds
          demonstrates to the satisfaction of the Secretary financial
          stability and financial management capability during the 3
          fiscal years immediately preceding the fiscal year for which
          the request is being made.
            (ii) Criteria for determining financial stability and
          financial management capability. - An Indian tribal
          government that had no uncorrected significant and material
          audit exceptions in the required annual audit of the Indian
          tribal government self-determination contracts or self-
          governance funding agreements with any Federal agency during
          the 3-fiscal year period referred in clause (i) shall be
          conclusive evidence of the financial stability and financial
          management capability for purposes of clause (i).

          (G) Assumption of functions and duties. - An Indian tribal
        government receiving funding under subparagraph (A) for a
        program or project shall assume all functions and duties that
        the Secretary of the Interior would have performed with respect
        to a program or project under this chapter, other than those
        functions and duties that inherently cannot be legally
        transferred under the Indian Self-Determination and Education
        Assistance Act (25 U.S.C. 450b et seq.).(!1)
          (H) Powers. - An Indian tribal government receiving funding
        under subparagraph (A) for a program or project shall have all
        powers that the Secretary of the Interior would have exercised
        in administering the funds transferred to the Indian tribal
        government for such program or project under this section if
        the funds had not been transferred, except to the extent that
        such powers are powers that inherently cannot be legally
        transferred under the Indian Self-Determination and Education
        Assistance Act (25 U.S.C. 450b et seq.).(!1)
          (I) Dispute resolution. - In the event of a disagreement
        between the Secretary or the Secretary of the Interior and an
        Indian tribe over whether a particular function, duty, or power
        may be lawfully transferred under the Indian Self-Determination
        and Education Assistance Act (25 U.S.C. 450b et seq.),(!1) the
        Indian tribe shall have the right to pursue all alternative
        dispute resolutions and appeal procedures authorized by such
        Act, including regulations issued to carry out such Act.
          (J) Termination of contract or agreement. - On the date of
        the termination of a contract or agreement under this section
        by an Indian tribal government, the Secretary shall transfer
        all funds that would have been allocated to the Indian tribal
        government under the contract or agreement to the Secretary of
        the Interior to provide continued transportation services in
        accordance with applicable law.

      (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; Pub. L. 109-59, title I, Sec. 1119(c)-
    (g), Aug. 10, 2005, 119 Stat. 1182-1185.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 134 of the Federal-Aid Highway Act of 1987, referred to
    in subsec. (b)(2)(A), is section 134 of Pub. L. 100-17, which is
    set out below.
      The Transportation Equity Act for the 21st Century, referred to
    in subsec. (d)(2)(F)(ii), is Pub. L. 105-178, June 9, 1998, 112
    Stat. 107, as amended. For complete classification of this Act to
    the Code, see section 1(a) of Pub. L. 105-178, set out as a Short
    Title of 1998 Amendment note under section 101 of this title and
    Tables.
      The SAFETEA-LU, referred to in subsec. (d)(2)(F)(ii), (G)(i), is
    Pub. L. 109-59, Aug. 10, 2005, 119 Stat. 1144, also known as the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users. For complete classification of this Act to the
    Code, see Short Title of 2005 Amendments note set out under section
    101 of this title and Tables.
      The Indian Self-Determination and Education Assistance Act,
    referred to in subsec. (d)(2)(F)(ii), (3)(A), (5)(A), (G)-(I), 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                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 1119(c)(1), inserted
    subsec. heading, substituted par. (1) for "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.", inserted par. (2) designation and heading, and
    substituted "The allocation under paragraph (1)" for "Such
    allocation".
      Subsec. (b). Pub. L. 109-59, Sec. 1119(d), added subsec. (b) and
    struck out former subsec. (b) which read as follows: "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."
      Subsec. (d)(2)(E). Pub. L. 109-59, Sec. 1119(c)(2)(A), added
    subpar. (E).
      Subsec. (d)(2)(F). Pub. L. 109-59, Sec. 1119(e), added subpar.
    (F).
      Subsec. (d)(2)(G). Pub. L. 109-59, Sec. 1119(f), added subpar.
    (G).
      Subsec. (d)(3)(A). Pub. L. 109-59, Sec. 1119(c)(2)(B),
    substituted "under this chapter and section 125(e)" for "under this
    title".
      Subsec. (d)(4)(B). Pub. L. 109-59, Sec. 1119(g)(1), substituted
    "Funding" for "Reservation" in heading, designated existing
    provisions as cl. (i), inserted heading, substituted "In addition
    to any other funds made available for Indian reservation roads for
    each fiscal year, there is authorized to be appropriated from the
    Highway Trust Fund (other than the Mass Transit Account)
    $14,000,000 for each of fiscal years 2005 through 2009 to carry out
    planning, design, engineering, preconstruction, construction, and
    inspection of projects to replace," for "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,", and added cl. (ii).
      Subsec. (d)(4)(C)(iii). Pub. L. 109-59, Sec. 1119(g)(2), added
    cl. (iii) and struck out former cl. (iii) which read as follows:
    "be unsafe because of structural deficiencies, physical
    deterioration, or functional obsolescence; and".
      Subsec. (d)(4)(D). Pub. L. 109-59, Sec. 1119(g)(3), added subpar.
    (D) and struck out heading and text of former subpar. (D). Text
    read as follows: "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."
      Subsec. (d)(5). Pub. L. 109-59, Sec. 1119(g)(4), added par. (5).
      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, as amended by Pub. L. 109-59, title I, Sec. 1806, Aug. 10,
    2005, 119 Stat. 1460, 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 $1,800,000 for each of fiscal years
      2005 through 2009.
        "(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."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    23 USC Sec. 203                                             01/03/2007

-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                                             01/03/2007

-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,
      refuge roads, 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) Use of Funds. - 
        (1) In general. - Funds made 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 the cost of - 
          (A) transportation planning, research, and engineering and
        construction of, highways, roads, parkways, and transit
        facilities located on public lands, national parks, and Indian
        reservations; and
          (B) operation and maintenance of transit facilities located
        on public lands, national parks, and Indian reservations.

        (2) Contract. - In connection with an activity described in
      paragraph (1), the Secretary and the Secretary of the appropriate
      Federal land management agency may enter into a contract or other
      appropriate agreement with respect to such activity with - 
          (A) a State (including a political subdivision of a State);
        or
          (B) an Indian tribe.

        (3) Indian reservation roads. - In the case of an Indian
      reservation road - 
          (A) Indian labor may be employed, in accordance with such
        rules and regulations as may be promulgated by the Secretary of
        the Interior, to carry out any construction or other activity
        described in paragraph (1); and
          (B) funds made available to carry out this section may be
        used to pay bridge preconstruction costs (including planning,
        design, and engineering).

        (4) Federal employment. - No maximum limitation on Federal
      employment shall be applicable to construction or improvement of
      Indian reservation roads.
        (5) Availability of funds. - Funds made available under this
      section for each class of Federal lands highways shall be
      available for any transportation project eligible for assistance
      under this title that is within or adjacent to, or that provides
      access to, the areas served by the particular class of Federal
      lands highways.
        (6) Reservation of funds. - The Secretary of the Interior may
      reserve funds from administrative funds of the Bureau of Indian
      Affairs that are associated with the Indian reservation roads
      program to finance Indian technical centers 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, of the amount of
    funds allocated for Indian reservation roads from the Highway Trust
    Fund, not more than 25 percent of the funds allocated to an Indian
    tribe may be expended for the purpose of maintenance, excluding
    road sealing which shall not be subject to any limitation. The
    Bureau of Indian Affairs shall continue to retain primary
    responsibility, including annual funding request responsibility,
    for road maintenance programs on Indian reservations. The Secretary
    shall ensure that funding made available under this subsection for
    maintenance of Indian reservation roads for each fiscal year is
    supplementary to and not in lieu of any obligation of funds by the
    Bureau of Indian Affairs 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), (3), (5), and (6) of subsection
        (h) that are located in or adjacent to wildlife refuges;
          (C) administrative costs associated with such maintenance and
        improvements;
          (D) the non-Federal share of the cost of any project funded
        under this title or chapter 53 of title 49 that provides access
        to or within a wildlife refuge; and
          (E) maintenance and improvement of recreational trails;
        except that expenditures on trails under this subparagraph
        shall not exceed 5 percent of available funds for each fiscal
        year.

        (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.).

      (l) Tribal-State Road Maintenance Agreements. - 
        (1) In general. - An Indian tribe and a State may enter into a
      road maintenance agreement under which an Indian tribe assumes
      the responsibilities of the State for - 
          (A) Indian reservation roads; and
          (B) roads providing access to Indian reservation roads.

        (2) Tribal-state agreements. - Agreements entered into under
      paragraph (1) - 
          (A) shall be negotiated between the State and the Indian
        tribe; and
          (B) shall not require the approval of the Secretary.

        (3) Annual report. - Effective beginning with fiscal year 2005,
      the Secretary shall prepare and submit to Congress an annual
      report that identifies - 
          (A) the Indian tribes and States that have entered into
        agreements under paragraph (1);
          (B) the number of miles of roads for which Indian tribes have
        assumed maintenance responsibilities; and
          (C) the amount of funding transferred to Indian tribes for
        the fiscal year under agreements entered into under paragraph
        (1).

-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; Pub. L. 109-59, title I, Sec. 1119(h)-(k),
    Aug. 10, 2005, 119 Stat. 1187-1189.)

-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                            
      2005 - Subsec. (a)(1). Pub. L. 109-59, Sec. 1119(h)(1), inserted
    "refuge roads," after "parkways,".
      Subsec. (b). Pub. L. 109-59, Sec. 1119(h)(2), added subsec. (b)
    and struck out former subsec. (b) which related to use of funds
    available for public lands highways, park roads and parkways, and
    Indian reservation roads.
      Subsec. (c). Pub. L. 109-59, Sec. 1119(i), substituted
    "Notwithstanding any other provision of this title, of the amount
    of funds allocated for Indian reservation roads from the Highway
    Trust Fund, not more than 25 percent of the funds allocated to an
    Indian tribe may be expended for the purpose of maintenance,
    excluding road sealing which shall not be subject to any
    limitation. The Bureau of Indian Affairs shall continue to retain
    primary responsibility, including annual funding request
    responsibility, for road maintenance programs on Indian
    reservations. The Secretary shall ensure that funding made
    available under this subsection for maintenance of Indian
    reservation roads for each fiscal year is supplementary to and not
    in lieu of any obligation of funds by the Bureau of Indian Affairs
    for road maintenance programs on Indian reservations." for
    "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."
      Subsec. (k)(1)(B). Pub. L. 109-59, Sec. 1119(j)(1)(A),
    substituted "(2), (3), (5)," for "(2), (5),".
      Subsec. (k)(1)(D), (E). Pub. L. 109-59, Sec. 1119(j)(1)(B), (2),
    (3), added subpars. (D) and (E).
      Subsec. (l). Pub. L. 109-59, Sec. 1119(k), added subsec. (l).
      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.

-End-

-CITE-
    23 USC Sec. 205                                             01/03/2007

-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.

-End-

-CITE-
    23 USC Sec. 206                                             01/03/2007

-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 recommended 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) assessment of trail conditions for accessibility and
        maintenance;
          (G) development and dissemination of publications and
        operation of educational programs to promote safety and
        environmental protection, (as those objectives relate to one or
        more of the use of recreational trails, supporting non-law
        enforcement trail safety and trail use monitoring patrol
        programs, and providing trail-related training), but in an
        amount not to exceed 5 percent of the apportionment made to the
        State for the fiscal year; and
          (H) 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.

        (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) State administrative costs. - State administrative costs
        eligible for funding under paragraph (2)(H) 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 and the
      Federal share of the administrative costs of a State under this
      section shall be determined in accordance with section 120(b).
        (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 the amount determined in accordance with section
        120(b) for the cost of a project under this section; and
          (B) the share attributable to the Secretary and the Federal
        agency sponsoring the project 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) Use of recreational trails program funds to match other
      federal program funds. - Notwithstanding any other provision of
      law, funds made available under this section may be used toward
      the non-Federal matching share for other Federal program funds
      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.

        (5) 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 the Federal share as 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).
          (C) Planning and environmental assessment costs incurred
        prior to project approval. - The Secretary may allow
        preapproval planning and environmental compliance costs to be
        credited toward the non-Federal share of the cost of a project
        described in subsection (d)(2) (other than subparagraph (H)) in
        accordance with subsection (f), limited to costs incurred less
        than 18 months prior to project approval.

        (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; amended Pub. L. 109-59, title I, Sec. 1109(b)-(e), Aug.
    10, 2005, 119 Stat. 1168-1170.)

-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.

                                AMENDMENTS                            
      2005 - Subsec. (d)(2). Pub. L. 109-59, Sec. 1109(b), amended par.
    (2) generally. Prior to amendment, par. (2) consisted of subpars.
    (A) to (G) relating to permissible uses of funds apportioned to
    carry out this section.
      Subsec. (d)(3)(C), (D). Pub. L. 109-59, Sec. 1109(c),
    redesignated subpar. (D) as (C), substituted "(2)(H)" for "(2)(F)",
    and struck out heading and text of former subpar. (C). Text read as
    follows: "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)."
      Subsec. (f)(1). Pub. L. 109-59, Sec. 1109(d)(1), inserted "and
    the Federal share of the administrative costs of a State" after
    "project" and substituted "be determined in accordance with section
    120(b)" for "not exceed 80 percent".
      Subsec. (f)(2)(A). Pub. L. 109-59, Sec. 1109(d)(2), substituted
    "the amount determined in accordance with section 120(b) for the
    cost" for "80 percent of the cost".
      Subsec. (f)(2)(B). Pub. L. 109-59, Sec. 1109(d)(3), inserted
    "sponsoring the project" after "Federal agency".
      Subsec. (f)(4), (5). Pub. L. 109-59, Sec. 1109(d)(4)-(7), added
    par. (4), redesignated former par. (4) as (5), substituted "the
    Federal share as determined in accordance with section 120(b)" for
    "80 percent", and struck out heading and text of former par. (5).
    Text read as follows: "The Federal share of the administrative
    costs of a State under this subsection shall be determined in
    accordance with section 120(b)."
      Subsec. (h)(1)(C). Pub. L. 109-59, Sec. 1109(e), added subpar.
    (C).

        ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS    
      Pub. L. 109-59, title I, Sec. 1109(f), Aug. 10, 2005, 119 Stat.
    1170, provided that: "The Secretary [of Transportation] 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."
      Similar provisions were contained in the following prior act:
      Pub. L. 105-178, title I, Sec. 1112(e), June 9, 1998, 112 Stat.
    151.

-End-

-CITE-
    23 USC Secs. 207 to 209                                     01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 2 - OTHER HIGHWAYS

-HEAD-
    Secs. 207 to 209. Repealed.

-MISC1-
    [Secs. 207 to 209. Repealed. Pub. L. 97-424, title I, Sec. 126(d),
      Jan. 6, 1983, 96 Stat. 2115].
      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                                             01/03/2007

-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 sections 3114 to 3116 and 3118 of
    title 40). 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; Pub. L. 109-
    284, Sec. 3(2), Sept. 27, 2006, 120 Stat. 1211.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (e). Pub. L. 109-284 substituted "sections 3114 to
    3116 and 3118 of title 40" for "the Act of February 26, 1931; 46
    Stat. 1421".
      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).

-End-

-CITE-
    23 USC Sec. 211                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 2 - OTHER HIGHWAYS

-HEAD-
    Sec. 211. Repealed.

-MISC1-
    [Sec. 211. Repealed. Pub. L. 100-17, title I, Sec. 133(e)(1), Apr.
      2, 1987, 101 Stat. 173].
      Section, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 909, related to
    timber access road hearings.

-End-

-CITE-
    23 USC Sec. 212                                             01/03/2007

-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.)

-End-

-CITE-
    23 USC Sec. 213                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 2 - OTHER HIGHWAYS

-HEAD-
    Sec. 213. Repealed.

-MISC1-
    [Sec. 213. Repealed. Pub. L. 100-17, title I, Sec. 133(e)(1), Apr.
      2, 1987, 101 Stat. 173].
      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                                             01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 2 - OTHER HIGHWAYS

-HEAD-
    Sec. 215. Territorial highway program

-STATUTE-
      (a) Definitions. - In this section, the following definitions
    apply:
        (1) Program. - The term "program" means the territorial highway
      program established under subsection (b).
        (2) Territory. - The term "territory" means any of the
      following territories of the United States:
          (A) American Samoa.
          (B) The Commonwealth of the Northern Mariana Islands.
          (C) Guam.
          (D) The United States Virgin Islands.

      (b) Program. - 
        (1) In general. - Recognizing the mutual benefits that will
      accrue to the territories and the United States from the
      improvement of highways in the territories, the Secretary may
      carry out a program to assist each government of a territory in
      the construction and improvement of a system of arterial and
      collector highways, and necessary inter-island connectors, that
      is - 
          (A) designated by the Governor or chief executive officer of
        each territory; and
          (B) approved by the Secretary.

        (2) Federal share. - The Federal share of Federal financial
      assistance provided to territories under this section shall be in
      accordance with section 120(h).

      (c) Technical Assistance. - 
        (1) In general. - To continue a long-range highway development
      program, the Secretary may provide technical assistance to the
      governments of the territories to enable the territories to, on a
      continuing basis - 
          (A) engage in highway planning;
          (B) conduct environmental evaluations;
          (C) administer right-of-way acquisition and relocation
        assistance programs; and
          (D) design, construct, operate, and maintain a system of
        arterial and collector highways, including necessary inter-
        island connectors.

        (2) Form and terms of assistance. - Technical assistance
      provided under paragraph (1), and the terms for the sharing of
      information among territories receiving the technical assistance,
      shall be included in the agreement required by subsection (e).

      (d) Nonapplicability of Certain Provisions. - 
        (1) In general. - Except to the extent that provisions of
      chapter 1 are determined by the Secretary to be inconsistent with
      the needs of the territories and the intent of the program,
      chapter 1 (other than provisions of chapter 1 relating to the
      apportionment and allocation of funds) shall apply to funds
      authorized to be appropriated for the program.
        (2) Applicable provisions. - The agreement required by
      subsection (e) for each territory shall identify the sections of
      chapter 1 that are applicable to that territory and the extent of
      the applicability of those sections.

      (e) Agreement. - 
        (1) In general. - Except as provided in paragraph (4), none of
      the funds made available for the program shall be available for
      obligation or expenditure with respect to any territory until the
      chief executive officer of the territory enters into an agreement
      with the Secretary (not later than 1 year after the date of
      enactment of SAFETEA-LU), providing that the government of the
      territory shall - 
          (A) implement the program in accordance with applicable
        provisions of chapter 1 and subsection (d);
          (B) design and construct a system of arterial and collector
        highways, including necessary inter-island connectors, in
        accordance with standards that are - 
            (i) appropriate for each territory; and
            (ii) approved by the Secretary;

          (C) provide for the maintenance of facilities constructed or
        operated under this section in a condition to adequately serve
        the needs of present and future traffic; and
          (D) implement standards for traffic operations and uniform
        traffic control devices that are approved by the Secretary.

        (2) Technical assistance. - The agreement required by paragraph
      (1) shall - 
          (A) specify the kind of technical assistance to be provided
        under the program;
          (B) include appropriate provisions regarding information
        sharing among the territories; and
          (C) delineate the oversight role and responsibilities of the
        territories and the Secretary.

        (3) Review and revision of agreement. - The agreement entered
      into under paragraph (1) shall be reevaluated and, as necessary,
      revised, at least every 2 years.
        (4) Existing agreements. - With respect to an agreement under
      the section between the Secretary and the chief executive officer
      of a territory that is in effect as of the date of enactment of
      the SAFETEA-LU - 
          (A) the agreement shall continue in force until replaced by
        an agreement entered into in accordance with paragraph (1); and
          (B) amounts made available for the program under the existing
        agreement shall be available for obligation or expenditure so
        long as the agreement, or the existing agreement entered into
        under paragraph (1), is in effect.

      (f) Permissible Uses of Funds. - 
        (1) In general. - Funds made available for the program may be
      used only for the following projects and activities carried out
      in a territory:
          (A) Eligible surface transportation program projects
        described in section 133(b).
          (B) Cost-effective, preventive maintenance consistent with
        section 116(d).
          (C) Ferry boats, terminal facilities, and approaches, in
        accordance with subsections (b) and (c) of section 129.
          (D) Engineering and economic surveys and investigations for
        the planning, and the financing, of future highway programs.
          (E) Studies of the economy, safety, and convenience of
        highway use.
          (F) The regulation and equitable taxation of highway use.
          (G) Such research and development as are necessary in
        connection with the planning, design, and maintenance of the
        highway system.

        (2) Prohibition on use of funds for routine maintenance. - None
      of the funds made available for the program shall be obligated or
      expended for routine maintenance.

      (g) Location of Projects. - Territorial highway projects (other
    than those described in paragraphs (1), (3), and (4) of section
    133(b)) may not be undertaken on roads functionally classified as
    local.

-SOURCE-
    (Added Pub. L. 109-59, title I, Sec. 1118(a), Aug. 10, 2005, 119
    Stat. 1179.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the SAFETEA-LU, referred to in subsec.
    (e)(1), (4), is the date of enactment of Pub. L. 109-59, which was
    approved Aug. 10, 2005.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 215, 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, related to territorial highway
    program, prior to repeal by Pub. L. 109-59, title I, Sec. 1118(a),
    Aug. 10, 2005, 119 Stat. 1179.

-End-

-CITE-
    23 USC Sec. 216                                             01/03/2007

-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                                             01/03/2007

-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.
      (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;
    Pub. L. 109-59, title I, Sec. 1954, Aug. 10, 2005, 119 Stat. 1515.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c). Pub. L. 109-59 struck out "in conjunction
    with such trails, roads, highways, and parkways" before period at
    end.
      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.

                 NONMOTORIZED TRANSPORTATION PILOT PROGRAM             
      Pub. L. 109-59, title I, Sec. 1807, Aug. 10, 2005, 119 Stat.
    1460, provided that:
      "(a) Establishment. - The Secretary [of Transportation] shall
    establish and carry out a nonmotorized transportation pilot program
    to construct, in the following 4 communities selected by the
    Secretary, a network of nonmotorized transportation infrastructure
    facilities, including sidewalks, bicycle lanes, and pedestrian and
    bicycle trails, that connect directly with transit stations,
    schools, residences, businesses, recreation areas, and other
    community activity centers:
        "(1) Columbia, Missouri.
        "(2) Marin County, California.
        "(3) Minneapolis-St. Paul, Minnesota.
        "(4) Sheboygan County, Wisconsin.
      "(b) Purpose. - The purpose of the program shall be to
    demonstrate the extent to which bicycling and walking can carry a
    significant part of the transportation load, and represent a major
    portion of the transportation solution, within selected
    communities.
      "(c) Grants. - In carrying out the program, the Secretary [of
    Transportation] may make a grant of $6,250,000 per fiscal year for
    each of the communities set forth in subsection (a) to State,
    local, and regional agencies that the Secretary determines are
    suitably equipped and organized to carry out the objectives and
    requirements of this section. An agency that receives a grant under
    this section may suballocate grant funds to a nonprofit
    organization to carry out the program under this section.
      "(d) Statistical Information. - In carrying out the program, the
    Secretary [of Transportation] shall develop statistical information
    on changes in motor vehicle, nonmotorized transportation, and
    public transportation usage in communities participating in the
    program and assess how such changes decrease congestion and energy
    usage, increase the frequency of bicycling and walking, and promote
    better health and a cleaner environment.
      "(e) Reports. - The Secretary [of Transportation] shall submit to
    Congress an interim report not later than September 30, 2007, and a
    final report not later than September 30, 2010, on the results of
    the program.
      "(f) Funding. - 
        "(1) Authorization of appropriations. - There is authorized to
      be appropriated to carry out this section, out of the Highway
      Trust Fund (other than the Mass Transit Account), $25,000,000 for
      each of fiscal years 2006 through 2009.
        "(2) Contract authority. - Funds authorized to be appropriated
      by this section shall be available for obligation in the same
      manner and to the same extent as if the funds were apportioned
      under chapter 1 of title 23, United States Code; except that the
      Federal share of the cost of the project shall be 100 percent,
      and the funds shall remain available until expended and shall not
      be transferable.
      "(g) Treatment of Projects. - Notwithstanding any other provision
    of law, projects assisted under this subsection shall be treated as
    projects on a Federal-aid system under chapter 1 of title 23,
    United States Code."

                              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.

-End-

-CITE-
    23 USC Sec. 218                                             01/03/2007

-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, 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.
      (c) For purposes of this section, the term "Alaska Marine Highway
    System" includes all existing or planned transportation facilities
    and equipment in Alaska, including the lease, purchase, or
    construction of vessels, terminals, docks, floats, ramps, staging
    areas, parking lots, bridges and approaches thereto, and necessary
    roads.

-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; Pub. L. 108-7, div. I,
    title III, Sec. 327, Feb. 20, 2003, 117 Stat. 413; Pub. L. 109-59,
    title IV, Sec. 4409, Aug. 10, 2005, 119 Stat. 1778.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 4409(1), struck out
    "prior to the date of the enactment of the reauthorization of the
    Transportation Equity Act for the 21st Century" before "shall not
    apply" in introductory provisions.
      Subsec. (c). Pub. L. 109-59, Sec. 4409(2), added subsec. (c).
      2003 - Subsec. (a). Pub. L. 108-7 inserted "reauthorization of
    the" before "Transportation".
      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                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 2 - OTHER HIGHWAYS

-HEAD-
    Sec. 219. Repealed.

-MISC1-
    [Sec. 219. Repealed. Pub. L. 100-17, title I, Sec. 133(e)(1), Apr.
      2, 1987, 101 Stat. 173].
      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-