-CITE-
    23 USC CHAPTER 1 - FEDERAL-AID HIGHWAYS                     01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
                     CHAPTER 1 - FEDERAL-AID HIGHWAYS                 

-MISC1-
    Sec.                                                     
    101         Definitions and declaration of policy.                
    102.        Program efficiencies.                                 
    103.        Federal-aid systems.                                  
    104.        Apportionment.                                        
    105.        Equity bonus program.                                 
    106.        Project approval and oversight.                       
    107.        Acquisition of rights-of-way - Interstate System.     
    108.        Advance acquisition of real property.                 
    109.        Standards.                                            
    110.        Revenue aligned budget authority.                     
    111.        Agreements relating to use of and access to
                 rights-of-way - Interstate System.                   
    112.        Letting of contracts.                                 
    113.        Prevailing rate of wage.                              
    114.        Construction.                                         
    115.        Advance construction.                                 
    116.        Maintenance.                                          
    117.        High priority projects program.                       
    118.        Availability of funds.                                
    119.        Interstate maintenance program.                       
    120.        Federal share payable.                                
    121.        Payment to States for construction.                   
    122.        Payments to States for bond and other debt instrument
                 financing.                                           
    123.        Relocation of utility facilities.                     
    124.        Advances to States.                                   
    125.        Emergency relief.                                     
    126.        Uniform transferability of Federal-aid highway funds. 
    127.        Vehicle weight limitations - Interstate System.       
    128.        Public hearings.                                      
    129.        Toll roads, bridges, tunnels, and ferries.            
    130.        Railway-highway crossings.                            
    131.        Control of outdoor advertising.                       
    132.        Payments on Federal-aid projects undertaken by a
                 Federal agency.                                      
    133.        Surface transportation program.                       
    134.        Metropolitan transportation planning.                 
    135.        Statewide transportation planning.                    
    136.        Control of junkyards.                                 
    137.        Fringe and corridor parking facilities.               
    138.        Preservation of parklands.                            
    139.        Efficient environmental reviews for project
                 decisionmaking.                                      
    140         Nondiscrimination.                                    
    141.        Enforcement of requirements.                          
    142.        Public transportation.                                
    143.        Highway use tax evasion projects.                     
    144.        Highway bridge replacement and rehabilitation program.
    145.        Federal-State relationship.                           
    146.        Carpool and vanpool projects.                         
    147.        Construction of ferry boats and ferry terminal
                 facilities.                                          
    148.        Highway safety improvement program.                   
    149.        Congestion mitigation and air quality improvement
                 program.                                             
    [150.       Repealed.]                                            
    151.        National bridge inspection program.                   
    152.        Hazard elimination program.                           
    153.        Use of safety belts and motorcycle helmets.           
    154.        Open container requirements.                          
    155.        Access highways to public recreation areas on certain
                 lakes.                                               
    156.        Proceeds from the sale or lease of real property.     
    157.        Safety incentive grants for use of seat belts.        
    158.        National minimum drinking age.                        
    159.        Revocation or suspension of drivers' licenses of
                 individuals convicted of drug offenses.              
    160.        Reimbursement for segments of the Interstate System
                 constructed without Federal assistance.              
    161.        Operation of motor vehicles by intoxicated minors.    
    162.        National scenic byways program.                       
    163.        Safety incentives to prevent operation of motor
                 vehicles by intoxicated persons.                     
    164.        Minimum penalties for repeat offenders for driving
                 while intoxicated or driving under the influence.    
    165.        Puerto Rico highway program.                          
    166.        HOV facilities.                                       

                                AMENDMENTS                            
      2005 - Pub. L. 109-59, title I, Sec. 1801(b), title VI, Sec.
    6002(c), Aug. 10, 2005, 119 Stat. 1456, 1865, which directed
    amendment of the analysis for "such subchapter" by adding items 139
    and 147 and by striking out former item 147 "Priority primary
    routes", was executed by making the amendment to the analysis for
    this chapter which did not contain subchapters to reflect the
    probable intent of Congress and the amendment by Pub. L. 109-59,
    Sec. 1602(e)(1). See below.
      Pub. L. 109-59, title I, Sec. 1602(b)(6)(A), (e)(1), Aug. 10,
    2005, 119 Stat. 1247, before item 101, struck out item for
    subchapter I "GENERAL PROVISIONS", and at end, struck out item for
    subchapter II "INFRASTRUCTURE FINANCE", items 181 "Definitions",
    182 "Determination of eligibility and project selection", 183
    "Secured loans", 184 "Lines of credit", 185 "Program
    administration", 186 "State and local permits", 187 "Regulations",
    188 "Funding", and 189 "Report to Congress", and subchapter I
    heading "GENERAL PROVISIONS".
      Pub. L. 109-59, title I, Secs. 1104(b), 1120(b), 1121(b)(2),
    1401(a)(2), 1601(i), title VI, Sec. 6001(c), Aug. 10, 2005, 119
    Stat. 1165, 1192, 1196, 1225, 1243, 1857, added items 105, 134,
    135, 148, 165, 166, and 185 and struck out former items 105
    "Minimum guarantee", 134 "Metropolitan planning", 135 "Statewide
    planning", 148 "Development of a national scenic and recreational
    highway", and 185 "Project servicing".
      1999 - Pub. L. 106-159, title I, Sec. 102(b), Dec. 9, 1999, 113
    Stat. 1753, struck out item 110 "Uniform transferability of Federal-
    aid highway funds", added item 126, and made technical amendment
    to item 163.
      1998 - Pub. L. 105-178, title I, Secs. 1103(l)(5), 1226(d),
    1405(b), 1406(b), as added by Pub. L. 105-206, title IX, Secs.
    9002(c)(1), 9003(a), 9005(a), July 22, 1998, 112 Stat. 834, 837,
    843, struck out item 126 "Diversion" and item 150 "Allocation of
    urban system funds", and added items 154 and 164.
      Pub. L. 105-178, title I, Secs. 1104(b), 1105(b), 1106(c)(2)(A),
    1114(b)(1), 1203(n), 1219(b), 1301(d)(2), 1303(b), 1305(d),
    1310(b), 1403(b), 1404(b), 1503(b), 1601(c), June 9, 1998, 112
    Stat. 129, 131, 136, 154, 179, 221, 226, 227, 229, 235, 240, 241,
    250, 256, added item for subchapter I, substituted "Minimum
    guarantee" for "Programs" in item 105, "Project approval and
    oversight" for "Plans, specifications, and estimates" in item 106,
    "Advance acquisition of real property" for "Advance acquisition of
    rights-of-way" in item 108, and "Revenue aligned budget authority"
    for "Project agreements" in item 110, added item 110 relating to
    uniform transferability of Federal-aid highway funds, substituted
    "High priority projects program" for "Certification acceptance" in
    item 117, made technical amendment to item 134, struck out item 139
    "Additions to Interstate System", substituted "Highway use tax
    evasion projects" for "Economic growth center development highways"
    in item 143, "Proceeds from the sale or lease of real property" for
    "Income from airspace rights-of-way" in item 156, and "Safety
    incentive grants for use of seat belts" for "Minimum allocation" in
    item 157, added items 162 and 163, item for subchapter II, and
    items 181 to 189, and added subchapter I heading before section
    101.
      1995 - Pub. L. 104-59, title II, Sec. 205(d)(2), title III, Secs.
    311(c), 320(b), Nov. 28, 1995, 109 Stat. 577, 584, 590, substituted
    "Payments" for "Payment" and "and other debt instrument financing"
    for "retirement" in item 122, struck out item 154 "National maximum
    speed limit", and added item 161.
      1991 - Pub. L. 102-240, title I, Secs. 1007(a)(2), 1008(c),
    1009(e)(2), 1014(b), 1016(f)(3), 1024(c)(1), 1025(b), 1031(a)(2),
    Dec. 18, 1991, 105 Stat. 1930, 1933, 1934, 1942, 1946, 1962, 1965,
    1973, substituted "Program efficiencies" for "Authorizations" in
    item 102, substituted "maintenance program" for "System
    resurfacing" in item 119, added item 133, substituted "Metropolitan
    planning" for "Transportation planning in certain urban areas" in
    item 134, substituted "Statewide planning" for "Traffic operations
    improvement programs" in item 135, substituted "Congestion
    mitigation and air quality improvement program" for "Truck lanes"
    in item 149, and added items 153 and 160.
      Pub. L. 102-143, title III, Sec. 333(b), (c), Oct. 28, 1991, 105
    Stat. 947, added item 159 and repealed Pub. L. 101-516, Sec.
    333(b), which added former item 159. See 1990 Amendment note below.
      1990 - Pub. L. 101-516, title III, Sec. 333(b), Nov. 5, 1990, 104
    Stat. 2186, which added item 159, was repealed by Pub. L. 102-143,
    title III, Sec. 333(c), Oct. 28, 1991, 105 Stat. 947. Section
    333(d) of Pub. L. 102-143 provided that the amendments made by
    section 333 of Pub. L. 101-516 shall be treated as having not been
    enacted into law.
      1987 - Pub. L. 100-17, title I, Secs. 113(d)(2), 114(e)(5),
    125(b)(1), 126(b), 133(b)(1), Apr. 2, 1987, 101 Stat. 150, 153,
    167, 171, substituted "Advance construction" for "Construction by
    States in advance of apportionment" in item 115, and "Availability
    of funds" for "Availability of sums apportioned" in item 118,
    struck out "and width" after "Vehicle weight" in item 127,
    substituted "Carpool and vanpool projects" for identical words in
    item 146, "National bridge inspection program" for "Pavement
    marking demonstration program" in item 151, and "Income from
    airspace rights-of-way" for "Highways crossing Federal projects" in
    item 156.
      1984 - Pub. L. 98-363, Sec. 6(b), July 17, 1984, 98 Stat. 437,
    added item 158.
      1983 - Pub. L. 97-424, title I, Sec. 119(c), Jan. 6, 1983, 96
    Stat. 2111, substituted "Nondiscrimination" for "Equal employment
    opportunity" in item 140.
      Pub. L. 97-424, title I, Sec. 150(b), Jan. 6, 1983, 96 Stat.
    2132, added item 157.
      1978 - Pub. L. 95-599, Secs. 116(c), 124(b), 168(c), Nov. 6,
    1978, 92 Stat. 2699, 2705, 2723, substituted "Interstate System
    resurfacing" for "Repealed" in item 119, "Highway bridge
    replacement and rehabilitation program" for "Special bridge
    replacement program" in item 144, "Hazard elimination program" for
    "Projects for high-hazard locations" in item 152, and "Repealed"
    for "Program for the elimination of roadside obstacles" in item
    153.
      1976 - Pub. L. 94-280, title I, Secs. 123(b), 128(b), 132(b),
    139, May 5, 1976, 90 Stat. 439-441, 443, substituted item 135
    "Traffic operations improvement programs" for "Urban area traffic
    operations improvement programs"; substituted item 146 "Repealed"
    for "Special urban high density traffic programs"; added item 156
    "Highways crossing Federal projects"; and substituted item lll
    "Agreements relating to use of and access to rights-of-way -
    Interstate System" for "Use of and access to rights-of-way -
    Interstate System" and substituted items 119 and 133 "Repealed" for
    "Administration of Federal-aid for highways in Alaska" and
    "Relocation assistance", respectively.
      1975 - Pub. L. 93-643, Secs. 107(b), 114(b), 115(b), Jan. 4,
    1975, 88 Stat. 2284, 2286, 2287, substituted item 141 reading
    "Enforcement of requirements" for prior text reading "Real property
    acquisition policies", and added items 154 and 155.
      1973 - Pub. L. 93-87, title I, Secs. 116(b), 121(b), 123(b),
    125(b), 126(b), 129(c), 142(b), 157(b), title II, Secs. 205(b),
    209(b), 210(b), Aug. 13, 1973, 87 Stat. 258, 261, 263, 264, 266,
    272, 278, 285, 287, 288, substituted "Certification acceptance" for
    "Secondary road responsibilities" in item 117, "Public
    transportation" for "Urban highway public transportation" in item
    142, and added items 145 to 153.
      1970 - Pub. L. 91-605, title I, Secs. 111(b), 127(b), 134(b),
    title II, Sec. 204(b), Dec. 31, 1970, 84 Stat. 1720, 1731, 1734,
    1742, added items 142, 143, 144, and substituted "Fringe and
    corridor parking facilities" for "Limitation on authorization of
    appropriations for certain purposes" in item 137.
      1968 - Pub. L. 90-495, Secs. 10(b), 12(b), 16(b), 22(b), 25(c),
    35(b), Aug. 23, 1968, 82 Stat. 820, 822, 823, 827, 829, 836, added
    items 135, 139, 140, and 141 and substituted "Prevailing rate of
    wage" for "Prevailing rate of wage - Interstate System" in item 113
    and "Construction by States in advance of apportionment" for
    "Construction by States in advance of apportionment - Interstate
    System" in item 115.
      1966 - Pub. L. 89-574, Secs. 8(c)(2), 15(b), Sept. 13, 1966, 80
    Stat. 769, 771, added items 137 and 138.
      Pub. L. 89-564, title I, Sec. 102(b)(1), Sept. 9, 1966, 80 Stat.
    734, struck out item 135 relating to highway safety programs.
      1965 - Pub. L. 89-285, title I, Sec. 102, title II, Sec. 202,
    Oct. 22, 1965, 79 Stat. 1030, 1032, substituted "Control of outdoor
    advertising" for "Areas adjacent to the Interstate System" in item
    131, and added item 136.
      Pub. L. 89-139, Sec. 4(b), Aug. 28, 1965, 79 Stat. 579, added
    item 135.
      1962 - Pub. L. 87-866, Secs. 5(b), 9(b), Oct. 23, 1962, 76 Stat.
    1147, 1148, added items 133 and 134.
      1960 - Pub. L. 86-657, Secs. 4(b), 5(b), July 14, 1960, 74 Stat.
    523, included ferries in item 129 and added item 132.

-End-



-CITE-
    23 USC Sec. 101                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 101. Definitions and declaration of policy

-STATUTE-
      (a) Definitions. - In this title, the following definitions
    apply:
        (1) Apportionment. - The term "apportionment" includes
      unexpended apportionments made under prior authorization laws.
        (2) Carpool project. - The term "carpool project" means any
      project to encourage the use of carpools and vanpools, including
      provision of carpooling opportunities to the elderly and
      individuals with disabilities, systems for locating potential
      riders and informing them of carpool opportunities, acquiring
      vehicles for carpool use, designating existing highway lanes as
      preferential carpool highway lanes, providing related traffic
      control devices, and designating existing facilities for use for
      preferential parking for carpools.
        (3) Construction. - The term "construction" means the
      supervising, inspecting, actual building, and incurrence of all
      costs incidental to the construction or reconstruction of a
      highway, including bond costs and other costs relating to the
      issuance in accordance with section 122 of bonds or other debt
      financing instruments and costs incurred by the State in
      performing Federal-aid project related audits that directly
      benefit the Federal-aid highway program. Such term includes - 
          (A) locating, surveying, and mapping (including the
        establishment of temporary and permanent geodetic markers in
        accordance with specifications of the National Oceanic and
        Atmospheric Administration of the Department of Commerce);
          (B) resurfacing, restoration, and rehabilitation;
          (C) acquisition of rights-of-way;
          (D) relocation assistance, acquisition of replacement housing
        sites, and acquisition and rehabilitation, relocation, and
        construction of replacement housing;
          (E) elimination of hazards of railway grade crossings;
          (F) elimination of roadside obstacles;
          (G) improvements that directly facilitate and control traffic
        flow, such as grade separation of intersections, widening of
        lanes, channelization of traffic, traffic control systems, and
        passenger loading and unloading areas; and
          (H) capital improvements that directly facilitate an
        effective vehicle weight enforcement program, such as scales
        (fixed and portable), scale pits, scale installation, and scale
        houses.

        (4) County. - The term "county" includes corresponding units of
      government under any other name in States that do not have county
      organizations and, in those States in which the county government
      does not have jurisdiction over highways, any local government
      unit vested with jurisdiction over local highways.
        (5) Federal-aid highway. - The term "Federal-aid highway" means
      a highway eligible for assistance under this chapter other than a
      highway classified as a local road or rural minor collector.
        (6) Federal-aid system. - The term "Federal-aid system" means
      any of the Federal-aid highway systems described in section 103.
        (7) Federal lands highway. - The term "Federal lands highway"
      means a forest highway, public lands highway, park road, parkway,
      refuge road, and Indian reservation road that is a public road.
        (8) Forest development roads and trails. - The term "forest
      development roads and trails" means forest roads and trails under
      the jurisdiction of the Forest Service.
        (9) Forest highway. - The term "forest highway" means a forest
      road under the jurisdiction of, and maintained by, a public
      authority and open to public travel.
        (10) Forest road or trail. - The term "forest road or trail"
      means a road or trail wholly or partly within, or adjacent to,
      and serving the National Forest System that is necessary for the
      protection, administration, and utilization of the National
      Forest System and the use and development of its resources.
        (11) Highway. - The term "highway" includes - 
          (A) a road, street, and parkway;
          (B) a right-of-way, bridge, railroad-highway crossing,
        tunnel, drainage structure, sign, guardrail, and protective
        structure, in connection with a highway; and
          (C) a portion of any interstate or international bridge or
        tunnel and the approaches thereto, the cost of which is assumed
        by a State transportation department, including such facilities
        as may be required by the United States Customs and Immigration
        Services in connection with the operation of an international
        bridge or tunnel.

        (12) Indian reservation road. - The term "Indian reservation
      road" means a public road that is located within or provides
      access to an Indian reservation or Indian trust land or
      restricted Indian land that is not subject to fee title
      alienation without the approval of the Federal Government, or
      Indian and Alaska Native villages, groups, or communities in
      which Indians and Alaskan Natives reside, whom the Secretary of
      the Interior has determined are eligible for services generally
      available to Indians under Federal laws specifically applicable
      to Indians.
        (13) Interstate System. - The term "Interstate System" means
      the Dwight D. Eisenhower National System of Interstate and
      Defense Highways described in section 103(c).
        (14) Maintenance. - The term "maintenance" means the
      preservation of the entire highway, including surface, shoulders,
      roadsides, structures, and such traffic-control devices as are
      necessary for safe and efficient utilization of the highway.
        (15) Maintenance area. - The term "maintenance area" means an
      area that was designated as a nonattainment area, but was later
      redesignated by the Administrator of the Environmental Protection
      Agency as an attainment area, under section 107(d) of the Clean
      Air Act (42 U.S.C. 7407(d)).
        (16) National Highway System. - The term "National Highway
      System" means the Federal-aid highway system described in section
      103(b).
        (17) Operating costs for traffic monitoring, management, and
      control. - The term "operating costs for traffic monitoring,
      management, and control" includes labor costs, administrative
      costs, costs of utilities and rent, and other costs associated
      with the continuous operation of traffic control, such as
      integrated traffic control systems, incident management programs,
      and traffic control centers.
        (18) Operational improvement. - The term "operational
      improvement" - 
          (A) means (i) a capital improvement for installation of
        traffic surveillance and control equipment, computerized signal
        systems, motorist information systems, integrated traffic
        control systems, incident management programs, and
        transportation demand management facilities, strategies, and
        programs, and (ii) such other capital improvements to public
        roads as the Secretary may designate, by regulation; and
          (B) does not include resurfacing, restoring, or
        rehabilitating improvements, construction of additional lanes,
        interchanges, and grade separations, and construction of a new
        facility on a new location.

        (19) Park road. - The term "park road" means a public road,
      including a bridge built primarily for pedestrian use, but with
      capacity for use by emergency vehicles, that is located within,
      or provides access to, an area in the National Park System with
      title and maintenance responsibilities vested in the United
      States.
        (20) Parkway. - The term "parkway", as used in chapter 2 of
      this title, means a parkway authorized by Act of Congress on
      lands to which title is vested in the United States.
        (21) Project. - The term "project" means an undertaking to
      construct a particular portion of a highway, or if the context so
      implies, the particular portion of a highway so constructed or
      any other undertaking eligible for assistance under this title.
        (22) Project agreement. - The term "project agreement" means
      the formal instrument to be executed by the State transportation
      department and the Secretary as required by section 106.
        (23) Public authority. - The term "public authority" means a
      Federal, State, county, town, or township, Indian tribe,
      municipal or other local government or instrumentality with
      authority to finance, build, operate, or maintain toll or toll-
      free facilities.
        (24) Public lands development roads and trails. - The term
      "public lands development roads and trails" means those roads and
      trails that the Secretary of the Interior determines are of
      primary importance for the development, protection,
      administration, and utilization of public lands and resources
      under the control of the Secretary of the Interior.
        (25) Public lands highway. - The term "public lands highway"
      means a forest road under the jurisdiction of and maintained by a
      public authority and open to public travel or any highway through
      unappropriated or unreserved public lands, nontaxable Indian
      lands, or other Federal reservations under the jurisdiction of
      and maintained by a public authority and open to public travel.
        (26) Public lands highways. - The term "public lands highways"
      means those main highways through unappropriated or unreserved
      public lands, nontaxable Indian lands, or other Federal
      reservations, which are on the Federal-aid systems.
        (27) Public road. - The term "public road" means any road or
      street under the jurisdiction of and maintained by a public
      authority and open to public travel.
        (28) Refuge road. - The term "refuge road" means a public road
      that provides access to or within a unit of the National Wildlife
      Refuge System and for which title and maintenance responsibility
      is vested in the United States Government.
        (29) Rural areas. - The term "rural areas" means all areas of a
      State not included in urban areas.
        (30) Safety improvement project. - The term "safety improvement
      project" means a project that corrects or improves high hazard
      locations, eliminates roadside obstacles, improves highway
      signing and pavement marking, installs priority control systems
      for emergency vehicles at signalized intersections, installs or
      replaces emergency motorist aid call boxes, or installs traffic
      control or warning devices at locations with high accident
      potential.
        (31) Secretary. - The term "Secretary" means Secretary of
      Transportation.
        (32) State. - The term "State" means any of the 50 States, the
      District of Columbia, or Puerto Rico.
        (33) State funds. - The term "State funds" includes funds
      raised under the authority of the State or any political or other
      subdivision thereof, and made available for expenditure under the
      direct control of the State transportation department.
        (34) State transportation department. - The term "State
      transportation department" means that department, commission,
      board, or official of any State charged by its laws with the
      responsibility for highway construction.
        (35) Transportation enhancement activity. - The term
      "transportation enhancement activity" means, with respect to any
      project or the area to be served by the project, any of the
      following activities as the activities relate to surface
      transportation:
          (A) Provision of facilities for pedestrians and bicycles.
          (B) Provision of safety and educational activities for
        pedestrians and bicyclists.
          (C) Acquisition of scenic easements and scenic or historic
        sites (including historic battlefields).
          (D) Scenic or historic highway programs (including the
        provision of tourist and welcome center facilities).
          (E) Landscaping and other scenic beautification.
          (F) Historic preservation.
          (G) Rehabilitation and operation of historic transportation
        buildings, structures, or facilities (including historic
        railroad facilities and canals).
          (H) Preservation of abandoned railway corridors (including
        the conversion and use of the corridors for pedestrian or
        bicycle trails).
          (I) Inventory, control, and removal of outdoor advertising.
          (J) Archaeological planning and research.
          (K) Environmental mitigation - 
            (i) to address water pollution due to highway runoff; or
            (ii) (!1) reduce vehicle-caused wildlife mortality while
          maintaining habitat connectivity.


          (L) Establishment of transportation museums.

        (36) Urban area. - The term "urban area" means an urbanized
      area or, in the case of an urbanized area encompassing more than
      one State, that part of the urbanized area in each such State, or
      urban place as designated by the Bureau of the Census having a
      population of 5,000 or more and not within any urbanized area,
      within boundaries to be fixed by responsible State and local
      officials in cooperation with each other, subject to approval by
      the Secretary. Such boundaries shall encompass, at a minimum, the
      entire urban place designated by the Bureau of the Census, except
      in the case of cities in the State of Maine and in the State of
      New Hampshire.
        (37) Urbanized area. - The term "urbanized area" means an area
      with a population of 50,000 or more designated by the Bureau of
      the Census, within boundaries to be fixed by responsible State
      and local officials in cooperation with each other, subject to
      approval by the Secretary. Such boundaries shall encompass, at a
      minimum, the entire urbanized area within a State as designated
      by the Bureau of the Census.
        (38) Advanced truck stop electrification system. - The term
      "advanced truck stop electrification system" means a system that
      delivers heat, air conditioning, electricity, or communications
      to a heavy duty vehicle.

      (b) Declaration of Policy. - 
        (1) Acceleration of construction of federal-aid highway
      systems. - Congress declares that it is in the national interest
      to accelerate the construction of Federal-aid highway systems,
      including the Dwight D. Eisenhower National System of Interstate
      and Defense,(!2) because many of the highways (or portions of the
      highways) are inadequate to meet the needs of local and
      interstate commerce for the national and civil defense.

        (2) Completion of interstate system. - Congress declares that
      the prompt and early completion of the Dwight D. Eisenhower
      National System of Interstate and Defense Highways (referred to
      in this section as the "Interstate System"), so named because of
      its primary importance to the national defense, is essential to
      the national interest. It is the intent of Congress that the
      Interstate System be completed as nearly as practicable over the
      period of availability of the forty years' appropriations
      authorized for the purpose of expediting its construction,
      reconstruction, or improvement, inclusive of necessary tunnels
      and bridges, through the fiscal year ending September 30, 1996,
      under section 108(b) of the Federal-Aid Highway Act of 1956 (70
      Stat. 374), and that the entire system in all States be brought
      to simultaneous completion. Insofar as possible in consonance
      with this objective, existing highways located on an interstate
      route shall be used to the extent that such use is practicable,
      suitable, and feasible, it being the intent that local needs, to
      the extent practicable, suitable, and feasible, shall be given
      equal consideration with the needs of interstate commerce.
        (3) Transportation needs of 21st century. - Congress declares
      that - 
          (A) it is in the national interest to preserve and enhance
        the surface transportation system to meet the needs of the
        United States for the 21st Century;
          (B) the current urban and long distance personal travel and
        freight movement demands have surpassed the original forecasts
        and travel demand patterns are expected to continue to change;
          (C) continued planning for and investment in surface
        transportation is critical to ensure the surface transportation
        system adequately meets the changing travel demands of the
        future;
          (D) among the foremost needs that the surface transportation
        system must meet to provide for a strong and vigorous national
        economy are safe, efficient, and reliable - 
            (i) national and interregional personal mobility (including
          personal mobility in rural and urban areas) and reduced
          congestion;
            (ii) flow of interstate and international commerce and
          freight transportation; and
            (iii) travel movements essential for national security;

          (E) special emphasis should be devoted to providing safe and
        efficient access for the type and size of commercial and
        military vehicles that access designated National Highway
        System intermodal freight terminals;
          (F) the connection between land use and infrastructure is
        significant;
          (G) transportation should play a significant role in
        promoting economic growth, improving the environment, and
        sustaining the quality of life; and
          (H) the Secretary should take appropriate actions to preserve
        and enhance the Interstate System to meet the needs of the 21st
        Century.

      (c) It is the sense of Congress that under existing law no part
    of any sums authorized to be appropriated for expenditure upon any
    Federal-aid system which has been apportioned pursuant to the
    provisions of this title shall be impounded or withheld from
    obligation, for purposes and projects as provided in this title, by
    any officer or employee in the executive branch of the Federal
    Government, except such specific sums as may be determined by the
    Secretary of the Treasury, after consultation with the Secretary of
    Transportation, are necessary to be withheld from obligation for
    specific periods of time to assure that sufficient amounts will be
    available in the Highway Trust Fund to defray the expenditures
    which will be required to be made from such fund.
      (d) No funds authorized to be appropriated from the Highway Trust
    Fund shall be expended by or on behalf of any Federal department,
    agency, or instrumentality other than the Federal Highway
    Administration unless funds for such expenditure are identified and
    included as a line item in an appropriation Act and are to meet
    obligations of the United States heretofore or hereafter incurred
    under this title attributable to the construction of Federal-aid
    highways or highway planning, research, or development, or as
    otherwise specifically authorized to be appropriated from the
    Highway Trust Fund by Federal-aid highway legislation.
      (e) It is the national policy that to the maximum extent possible
    the procedures to be utilized by the Secretary and all other
    affected heads of Federal departments, agencies, and
    instrumentalities for carrying out this title and any other
    provision of law relating to the Federal highway programs shall
    encourage the substantial minimization of paperwork and interagency
    decision procedures and the best use of available manpower and
    funds so as to prevent needless duplication and unnecessary delays
    at all levels of government.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 885; Pub. L. 86-70, Sec.
    21(e)(1), June 25, 1959, 73 Stat. 146; Pub. L. 86-624, Sec. 17(a),
    July 12, 1960, 74 Stat. 415; Pub. L. 87-866, Sec. 6(a), Oct. 23,
    1962, 76 Stat. 1147; Pub. L. 88-423, Sec. 3, Aug. 13, 1964, 78
    Stat. 397; Pub. L. 89-574, Sec. 4(a), Sept. 13, 1966, 80 Stat. 767;
    Pub. L. 90-495, Secs. 4(a), 8, 15, Aug. 23, 1968, 82 Stat. 816,
    819, 822; Pub. L. 91-605, title I, Secs. 104(a), 106(a), 107,
    117(d), 130, 141, Dec. 31, 1970, 84 Stat. 1714, 1716, 1718, 1724,
    1732, 1737; Pub. L. 93-87, title I, Secs. 105, 106(a), 107, 108,
    152(1), Aug. 13, 1973, 87 Stat. 253-255, 276; Pub. L. 93-643, Sec.
    102(b), Jan. 4, 1975, 88 Stat. 2281; Pub. L. 94-280, title I, Secs.
    107(a), 108, May 5, 1976, 90 Stat. 430, 431; Pub. L. 95-599, title
    I, Sec. 106, Nov. 6, 1978, 92 Stat. 2693; Pub. L. 97-424, title I,
    Secs. 126(c), 159, Jan. 6, 1983, 96 Stat. 2115, 2135; Pub. L. 100-
    17, title I, Secs. 102(b)(3), 108, 109, 133(b)(2), (3), Apr. 2,
    1987, 101 Stat. 135, 146, 171; Pub. L. 101-427, Oct. 15, 1990, 104
    Stat. 927; Pub. L. 102-240, title I, Secs. 1001(g), 1005,
    1006(g)(1), 1007(c), Dec. 18, 1991, 105 Stat. 1916, 1922, 1927,
    1931; Pub. L. 104-59, title III, Secs. 301(b), 311(b), Nov. 28,
    1995, 109 Stat. 578, 583; Pub. L. 105-178, title I, Sec. 1201, June
    9, 1998, 112 Stat. 164; Pub. L. 109-59, title I, Secs. 1122,
    1909(a), Aug. 10, 2005, 119 Stat. 1196, 1470.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat.
    374), referred to in subsec. (b)(2), is section 108(b) of act June
    29, 1956, ch. 462, 70 Stat. 378, which is set out below.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(35). Pub. L. 109-59, Sec. 1122(a), amended
    heading and text of par. (35) generally, substituting introductory
    provisions and subpars. (A) to (L) defining "Transportation
    enhancement activity" for substantially identical undesignated
    provisions defining "Transportation enhancement activities".
      Subsec. (a)(38). Pub. L. 109-59, Sec. 1122(b), added par. (38).
      Subsec. (b). Pub. L. 109-59, Sec. 1909(a), inserted subsec.
    heading, substituted heading and text of par. (1) for first
    undesignated par. relating to declaration that it was in the
    national interest to accelerate the construction of the Federal-aid
    highway systems, designated second undesignated par. as par. (2),
    inserted heading, and substituted "Congress declares that the
    prompt and early completion of the Dwight D. Eisenhower National
    System of Interstate and Defense Highways (referred to in this
    section as the 'Interstate System'), so named because of its
    primary importance to the national defense, is essential to the
    national interest" for "It is hereby declared that the prompt and
    early completion of The Dwight D. Eisenhower System of Interstate
    and Defense Highways, so named because of its primary importance to
    the national defense and hereafter referred to as the 'Interstate
    System', is essential to the national interest and is one of the
    most important objectives of this Act", and substituted heading and
    text of par. (3) for third undesignated par. relating to the
    national policy that increased emphasis be placed on the
    construction and reconstruction of the other Federal-aid systems.
      1998 - Subsec. (a). Pub. L. 105-178 inserted heading and amended
    text of subsec. (a) generally, alphabetizing, numbering, and
    inserting headings for terms defined, inserting definitions of
    "maintenance area" and "refuge road", and substituting definition
    of "State transportation department" for definition of "State
    highway department".
      1995 - Subsec. (a). Pub. L. 104-59, Sec. 311(b), in first
    sentence of definition of "construction", inserted "bond costs and
    other costs relating to the issuance in accordance with section 122
    of bonds or other debt financing instruments," after "highway,
    including".
      Pub. L. 104-59, Sec. 301(b)(1), in definition of "project",
    inserted before period at end "or any other undertaking eligible
    for assistance under this title".
      Pub. L. 104-59, Sec. 301(b)(2), added provision defining
    "operating costs for traffic monitoring, management, and control"
    and struck out former provision defining "startup costs for traffic
    management and control" which read as follows: "The term 'startup
    costs for traffic management and control' means initial costs
    (including labor costs, administration costs, cost of utilities,
    and rent) for integrated traffic control systems, incident
    management programs, and traffic control centers."
      1991 - Subsec. (a). Pub. L. 102-240, Sec. 1006(g)(1), added
    provision defining "Federal-aid highways" and struck out former
    provision which read as follows: "The term 'Federal-aid highways'
    means highways located on one of the Federal-aid systems described
    in section 103 of this title."
      Pub. L. 102-240, Sec. 1005(a), in definition of "highway safety
    improvement project", inserted "installs priority control systems
    for emergency vehicles at signalized intersections" after
    "marking,".
      Pub. L. 102-240, Sec. 1005(d)(3), in definition of "Indian
    reservation roads", struck out ", including roads on the Federal-
    aid systems," after "public roads".
      Pub. L. 102-240, Sec. 1005(d)(4), in definition of "park road",
    inserted ", including a bridge built primarily for pedestrian use,
    but with capacity for use by emergency vehicles" before "that is
    located".
      Pub. L. 102-240, Sec. 1005(b), inserted provision defining
    "urbanized area" and struck out former provision which read as
    follows: "The term 'urbanized area' means an area so designated by
    the Bureau of the Census, within boundaries to be fixed by
    responsible State and local officials in cooperation with each
    other, subject to approval by the Secretary. Such boundaries shall,
    as a minimum, encompass the entire urbanized area within a State as
    designated by the Bureau of the Census."
      Pub. L. 102-240, Sec. 1005(c), inserted provision defining
    "National Highway System" and struck out former provision defining
    "Federal-aid primary system" which read as follows: "The term
    'Federal-aid primary system' means the Federal-aid highway system
    described in subsection (b) of section 103 of this title."
      Pub. L. 102-240, Sec. 1005(d)(1), (2), struck out provisions
    defining "Federal-aid secondary system" and "Federal-aid urban
    system" which read as follows:
      "The term 'Federal-aid secondary system' means the Federal-aid
    highway system described in subsection (c) of section 103 of this
    title.
      "The term 'Federal-aid urban system' means the Federal-aid
    highway system described in subsection (d) of section 103 of this
    title."
      Pub. L. 102-240, Sec. 1005(e), in definition of "Interstate
    System", inserted "Dwight D. Eisenhower" before "National".
      Pub. L. 102-240, Sec. 1005(g), inserted provisions defining
    "start-up costs for traffic management and control", "carpool
    project", "public authority" and "public lands highway".
      Pub. L. 102-240, Sec. 1005(f), inserted provision defining
    "operational improvement".
      Pub. L. 102-240, Sec. 1007(c), inserted provision defining
    "transportation enhancement activities".
      Subsec. (b). Pub. L. 102-240, Sec. 1001(g), substituted "forty"
    for "thirty-seven" and "1996" for "1993" in second par.
      1990 - Subsec. (b). Pub. L. 101-427 substituted "The Dwight D.
    Eisenhower System of Interstate and Defense Highways" for "the
    National System of Interstate and Defense Highways" in first two
    pars.
      1987 - Subsec. (a). Pub. L. 100-17, Sec. 108, in definition of
    "construction", inserted "elimination of roadside obstacles," after
    "grade crossings,".
      Pub. L. 100-17, Sec. 133(b)(2), substituted definition of "forest
    road or trail" for "forest or trail".
      Pub. L. 100-17, Sec. 109, in definition of "highway safety
    improvement project", inserted "installs or replaces emergency
    motorist-aid call boxes," after "pavement marking,".
      Pub. L. 100-17, Sec. 133(b)(3), amended definition of "park road"
    generally. Prior to amendment, definition read as follows: "The
    term 'park road' means a public road that is located within or
    provides access to an area in the national park system."
      Subsec. (b). Pub. L. 100-17, Sec. 102(b)(3), substituted "thirty-
    seven years' " for "thirty-four years' " and "1993" for "1990" in
    second par.
      1983 - Subsec. (a). Pub. L. 97-424, Sec. 126(c)(1), substituted
    provision that "park road" means a public road that is located
    within or provides access to an area in the national park system,
    for provision that "park roads and trails" means those roads or
    trails, including the necessary bridges, located in national parks
    or monuments, now or hereafter established, or in other areas
    administered by the National Park Service of the Department of the
    Interior (excluding parkways authorized by Acts of Congress) and
    also including approach roads to national parks or monuments
    authorized by the Act of January 31, 1931 (46 Stat. 1053), as
    amended.
      Pub. L. 97-424, Sec. 126(c)(2), substituted "The term 'Indian
    reservation roads' means public roads, including roads" for "The
    term 'Indian reservation roads and bridges' means roads and
    bridges, including roads and bridges" before "on the Federal-aid
    systems".
      Pub. L. 97-424, Sec. 126(c)(3), inserted provision defining
    "Federal lands highways".
      Pub. L. 97-424, Sec. 159, in definition of "construction",
    inserted provision that it also includes costs incurred by the
    State in performing Federal-aid project related audits which
    directly benefit the Federal-aid highway program.
      1978 - Subsec. (a). Pub. L. 95-599, Sec. 106(a), in definition of
    "construction" inserted provision relating to capital improvements.
      Pub. L. 95-599, Sec. 106(b)(1), in definition of "forest road or
    trail", inserted provisions requiring contingency or service to the
    National Forest System and necessity for the protection,
    administration, and utilization thereof.
      Pub. L. 95-599, Sec. 106(b)(2), defined "forest development roads
    or trails" in terms of a forest road or trail under the
    jurisdiction of the Forest Service rather than in terms of a forest
    road or trail of primary importance for the protection,
    administration, and utilization of the national forest or other
    areas under the jurisdiction of the Forest Service.
      Pub. L. 95-599, Sec. 106(b)(3), defined "forest highway" in terms
    of a forest road under the jurisdiction of, and maintained by, a
    public authority and open to public travel rather than in terms of
    a forest road which is of primary importance to the States,
    counties, or communities contingent to national forests and which
    is a Federal-aid system.
      Pub. L. 95-599, Sec. 106(b)(4), inserted definition of "highway
    safety improvement project".
      1976 - Subsec. (a). Pub. L. 94-280, Sec. 108, defined
    "construction" to include resurfacing, restoration, and
    rehabilitation and "urban area" to exclude cities in the States of
    Maine and New Hampshire and inserted definition of "public road".
      Subsec. (b). Pub. L. 94-280, Sec. 107(a), substituted provision
    for completion of the Interstate System over a thirty-four year
    period, through the fiscal year ending September 30, 1990, for a
    prior provision for such completion over a twenty-three period,
    through the fiscal year ending June 30, 1979.
      1975 - Subsec. (a). Pub. L. 93-643 defined "Indian reservation
    roads and bridges" to include roads and bridges on the Federal-aid
    systems.
      1973 - Subsec. (a). Pub. L. 93-87, Sec. 105(1), in definition of
    "construction", substituted "National Oceanic and Atmospheric
    Administration" for "Coast and Geodetic Survey" and extended
    definition to include improvements which directly facilitate and
    control traffic flow, such as grade separation of intersections,
    widening of lanes, channelization of traffic, traffic control
    systems, and passenger loading and unloading areas.
      Pub. L. 93-87, Sec. 105(3), in definition of "Indian reservation
    roads and bridges", substituted "approval of the Federal
    Government, or Indian and Alaska Native villages, groups, or
    communities in which Indians and Alaskan Natives reside, whom the
    Secretary of the Interior has determined are eligible for services
    generally available to Indians under Federal laws specifically
    applicable to Indians" for "approval of the Federal Government on
    which Indians reside whom the Secretary of the Interior has
    determined to be eligible for services generally available to
    Indians under Federal laws specifically applicable to Indians".
      Pub. L. 93-87, Sec. 152(1), in definition of "Secretary",
    substituted "Secretary of Transportation" for "Secretary of
    Commerce".
      Pub. L. 93-87, Sec. 105(4), in definition of "urbanized area",
    provided for boundaries of the "urbanized area" to be fixed by
    responsible State and local officials in cooperation with each
    other, subject to approval by the Secretary, and required such
    boundaries, as a minimum, to encompass the entire urbanized area
    within a State as designated by the Bureau of the Census.
      Pub. L. 93-87, Sec. 105(2), in definition of "urban area",
    substituted "an urbanized area or, in the case of an urbanized area
    encompassing more than one State, that part of the urbanized area
    in each such State, or an urban place as designated by the Bureau
    of the Census having a population of five thousand or more and not
    within any urbanized area, within boundaries to be fixed by
    responsible State and local officials in cooperation with each
    other, subject to approval by the Secretary" for "an area including
    and adjacent to a municipality or other urban place having a
    population of five thousand or more, as determined by the latest
    available Federal census, within boundaries to be fixed by a State
    highway department subject to the approval of the Secretary", and
    required such boundaries, as a minimum, to encompass the entire
    urban place designated by the Bureau of the Census.
      Subsec. (b). Pub. L. 93-87, Secs. 106(a), 107, extended time for
    completion of the National System of Interstate and Defense
    Highways, substituting in second par. "twenty-three years" and
    "June 30, 1979" for "twenty years" and "June 30, 1976", and
    inserted third par. declaratory of national policy, since the
    Interstate System is now in the final phase of completion, that
    increased emphasis be placed on the construction and reconstruction
    of the other Federal-aid systems in accordance with the first par.
    of subsec. (b), in order to bring all of the Federal-aid systems up
    to standards and to increase the safety of these systems to the
    maximum extent.
      Subsec. (e). Pub. L. 93-87, Sec. 108, added subsec. (e).
      1970 - Subsec. (a). Pub. L. 91-605, Secs. 106(a), 117(d), 130,
    141, inserted definitions of "urbanized area" and "Federal-aid
    urban system", substituted "subsection (e)" for "subsection (d)" in
    definition of "Interstate System", included within the costs of
    construction, under the definition of "construction", relocation
    assistance, acquisition of replacement housing sites, acquisition,
    and rehabilitation, relocation, and construction of replacement
    housing, and substituted "acquisition" for "costs" of rights-of-
    way, broadened definition of "Indian reservation roads and
    bridges" to include roads and bridges on State controlled Indian
    reservations, trust lands, and restricted Indian lands, a well as
    roads and bridges on such lands under Federal control, and inserted
    in definitions of "forest highway" and "public lands highways"
    provisions to ensure that these highways be on the Federal-aid
    systems.
      Subsec. (b). Pub. L. 91-605, Sec. 104(a), substituted "twenty
    years" for "eighteen years" and "June 30, 1976" for "June 30,
    1974".
      Subsec. (c). Pub. L. 91-605, Sec. 107, substituted "any officer
    or employee in the executive branch of the Federal Government" for
    "any officer or employee of any department, agency, or
    instrumentality of the executive branch of the Federal Government"
    and "Highway Trust Fund" for "highway trust fund".
      Subsec. (d). Pub. L. 91-605, Sec. 107, substituted provisions
    prohibiting expenditure of funds from the Highway Trust Fund by any
    department other than the Federal Highway Administration unless
    these funds are identified and included as a line item in an
    appropriation Act and are to meet obligations incurred under this
    title attributable to the construction of Federal aid highways or
    for planning, research, or development, or as otherwise
    specifically authorized to be appropriated from the Highway Trust
    Fund by Federal-aid highway legislation for provisions expressing
    essentially the same prohibitions but permitting expenditures to
    meet obligations incurred under this title attributable to Federal-
    aid highways, and contracted for in accordance with the Act of
    March 4, 1915, as amended [section 686 of Title 31, Money and
    Finance], relating to work or services not usually performed by the
    Federal Highway Administration, or relating to the furnishing of
    materials, supplies or equipment, and expenditures specifically
    identified in the budget and included in an appropriation Act.
      1968 - Subsec. (a). Pub. L. 90-495, Sec. 8, inserted "and other
    areas administered by the Forest Service" after "national forests"
    and "national forest" in definitions of "forest road or trail" and
    "forest development roads and trails".
      Subsec. (b). Pub. L. 90-495, Sec. 4(a), substituted a reference
    to "eighteen years' appropriation" for reference to "sixteen years'
    appropriation" and substituted "June 30, 1974" for "June 30, 1972".
      Subsecs. (c), (d). Pub. L. 90-495, Sec. 15, added subsecs. (c)
    and (d).
      1966 - Subsec. (b). Pub. L. 89-574 substituted a reference to
    "sixteen years' appropriation" for reference to "fifteen years'
    appropriation" and substituted "June 30, 1972" for "June 30, 1971".
      1964 - Subsec. (b). Pub. L. 88-423 substituted "fifteen years"
    for "thirteen years" and "June 30, 1971" for "June 30, 1969".
      1962 - Subsec. (a). Pub. L. 87-866 inserted definition of "public
    lands development roads and trails".
      1960 - Subsec. (a). Pub. L. 86-624 substituted "fifty States, the
    District of Columbia, or Puerto Rico" for "forty-nine States, the
    District of Columbia, Hawaii, or Puerto Rico" in definition of
    "State".
      1959 - Subsec. (a). Pub. L. 86-70 substituted "forty-nine States,
    the District of Columbia, Hawaii" for "forty-eight States, the
    District of Columbia, Hawaii, Alaska" in definition of "State".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-206, title IX, Sec. 9016, July 22, 1998, 112 Stat.
    868, provided that: "This title [see Tables for classification] and
    the amendments made by this title shall take effect simultaneously
    with the enactment of the Transportation Equity Act for the 21st
    Century [Pub. L. 105-178]. For purposes of all Federal laws, the
    amendments made by this title shall be treated as being included in
    the Transportation Equity Act for the 21st Century at the time of
    the enactment of such Act [June 9, 1998], and the provisions of
    such Act (including the amendments made by such Act) (as in effect
    on the day before the date of enactment of this Act [July 22,
    1998]) that are amended by this title shall be treated as not being
    enacted."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Section 147 of Pub. L. 91-605 provided that: "The amendments made
    by section 117 [enacting section 510 of this title, amending this
    section, and renumbering sections 511 and 512 of this title], 120
    [amending provisions set out as a note under section 502 of this
    title], and 137 of this Act [amending section 506 of this title]
    shall not take effect if before the effective date of this Act
    [Dec. 31, 1970] the Uniform Relocation Assistance and Land
    Acquisition Policies Act of 1970 has been enacted into law." The
    Uniform Relocation Assistance and Land Acquisition Policies Act of
    1970, enacted as Pub. L. 91-646, 84 Stat. 1894, was approved Jan.
    2, 1971, whereas this Act (Title I of Pub. L. 91-605) was approved
    Dec. 31, 1970, therefore the amendments made by sections 117, 120,
    and 137 of Title I of Pub. L. 91-605 took effect.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Section 37 of Pub. L. 90-495, as amended by Pub. L. 91-605, title
    I, Sec. 120, Dec. 31, 1970, 84 Stat. 1725, provided that:
      "(a) Except as otherwise provided in subsection (b) of this
    section, this Act and the amendments made by this Act [enacting
    sections 135, 139, 140, 141, and 501 to 511 of this title, amending
    this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125,
    128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title,
    section 636 of Title 15, Commerce and Trade, and section 1653 of
    former Title 49, Transportation, repealing section 133 of this
    title, enacting provisions set out as notes under this section and
    sections 104, 108, 125, 134, 501, 502, and 510 of this title] shall
    take effect on the date of its enactment [Aug. 23, 1968], except
    that until July 1, 1970, sections 502, 505, 506, 507, and 508 of
    title 23, United States Code, as added by this Act, shall be
    applicable to a State only to the extent that such State is able
    under its laws to comply with such sections. Except as otherwise
    provided in subsection (b) of this section, after July 1, 1970,
    such sections shall be completely applicable to all States. Section
    133 of title 23, United States Code, shall not apply to any State
    if sections 502, 505, 506, 507, and 508 of title 23, United States
    Code, are applicable in that State, and effective July 1, 1970,
    such section 133 is repealed.
      "(b) In the case of any State (1) which is required to amend its
    constitution to comply with sections 502, 505, 506, 507, and 508 of
    title 23, United States Code, and (2) which cannot submit the
    required constitutional amendment for ratification prior to July 1,
    1970, the date of July 1, 1970, contained in subsection (a) of this
    section shall be extended to July 1, 1972."

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Section 21(e) of Pub. L. 86-70 provided that the amendments made
    by that section (amending this section and sections 104, 116, and
    120 of this title) are effective July 1, 1959.

                      SHORT TITLE OF 2005 AMENDMENTS                  
      Pub. L. 109-59, Sec. 1(a), Aug. 10, 2005, 119 Stat. 1144,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Safe, Accountable, Flexible, Efficient Transportation
    Equity Act: A Legacy for Users' or 'SAFETEA-LU'."
      Pub. L. 109-42, Sec. 1, July 30, 2005, 119 Stat. 435, provided
    that: "This Act [amending section 9503 and 9504 of Title 26,
    Internal Revenue Code, and section 5338 of Title 49,
    Transportation, enacting provisions set out as a note under section
    9503 of Title 26, and amending provisions set out as a note under
    section 104 of this title] may be cited as the 'Surface
    Transportation Extension Act of 2005, Part VI'."
      Pub. L. 109-40, Sec. 1, July 28, 2005, 119 Stat. 410, provided
    that: "This Act [amending sections 144, 157, 163, and 188 of this
    title, section 777c of Title 16, Conservation, sections 9503 and
    9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
    Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
    49, Transportation, enacting provisions set out as a note under
    section 9503 of Title 26, and amending provisions set out as notes
    under this section, sections 104, 322, and 402 of this title, and
    sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as
    the 'Surface Transportation Extension Act of 2005, Part V'."
      Pub. L. 109-37, Sec. 1, July 22, 2005, 119 Stat. 394, provided
    that: "This Act [amending sections 144, 157, 163, and 188 of this
    title, section 777c of Title 16, Conservation, sections 9503 and
    9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
    Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
    49, Transportation, enacting provisions set out as a note under
    section 9503 of Title 26, and amending provisions set out as notes
    under this section, sections 104, 322, and 402 of this title, and
    sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as
    the 'Surface Transportation Extension Act of 2005, Part IV'."
      Pub. L. 109-35, Sec. 1, July 20, 2005, 119 Stat. 379, provided
    that: "This Act [amending sections 144, 157, 163, and 188 of this
    title, section 777c of Title 16, Conservation, sections 9503 and
    9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
    Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
    49, Transportation, enacting provisions set out as a note under
    section 9503 of Title 26, and amending provisions set out as notes
    under this section, sections 104, 322, and 402 of this title, and
    sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as
    the 'Surface Transportation Extension Act of 2005, Part III'."
      Pub. L. 109-20, Sec. 1, July 1, 2005, 119 Stat. 346, provided
    that: "This Act [amending sections 144, 157, 163, and 188 of this
    title, section 777c of Title 16, Conservation, sections 9503 and
    9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
    Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
    49, Transportation, enacting provisions set out as a note under
    section 9503 of Title 26, and amending provisions set out as notes
    under this section, sections 104, 322, and 402 of this title, and
    sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as
    the 'Surface Transportation Extension Act of 2005, Part II'."
      Pub. L. 109-14, Sec. 1, May 31, 2005, 119 Stat. 324, provided
    that: "This Act [amending sections 144, 157, 163, and 188 of this
    title, section 777c of Title 16, Conservation, sections 4481 to
    4483, 9503, and 9504 of Title 26, Internal Revenue Code, section
    13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104,
    and 31107 of Title 49, Transportation, enacting provisions set out
    as notes under this section and section 4481 of Title 26, and
    amending provisions set out as notes under this section, sections
    104, 322, and 402 of this title, and sections 5307, 5309, 5310, and
    5338 of Title 49] may be cited as the 'Surface Transportation
    Extension Act of 2005'."

                      SHORT TITLE OF 2004 AMENDMENTS                  
      Pub. L. 108-310, Sec. 1, Sept. 30, 2004, 118 Stat. 1144, provided
    that: "This Act [amending sections 144, 157, 163, 188, and 410 of
    this title, sections 900 and 901 of Title 2, The Congress, section
    777c of Title 16, Conservation, sections 9503 and 9504 of Title 26,
    Internal Revenue Code, section 13106 of Title 46, Shipping, and
    sections 5307, 5309, 5338, 31104, and 31107 of Title 49,
    Transportation, enacting provisions set out as notes under this
    section, section 104 of this title, section 9503 of Title 26, and
    section 5337 of Title 49, amending provisions set out as notes
    under this section, sections 104, 322, and 402 of this title,
    section 901 of Title 2, and sections 5307, 5309, 5310, and 5338 of
    Title 49, and repealing provisions set out as a note under section
    9503 of Title 26] may be cited as the 'Surface Transportation
    Extension Act of 2004, Part V'."
      Pub. L. 108-280, Sec. 1, July 30, 2004, 118 Stat. 876, provided
    that: "This Act [amending sections 144, 157, 163, and 188 of this
    title, section 777c of Title 16, Conservation, sections 9503 and
    9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
    Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
    49, Transportation, enacting provisions set out as notes under
    section 9503 of Title 26, amending provisions set out as notes
    under this section, sections 104, 322, and 402 of this title, and
    sections 5307, 5309, 5310, and 5338 of Title 49, and repealing
    provisions set out as a note under section 5337 of Title 49] may be
    cited as the 'Surface Transportation Extension Act of 2004, Part
    IV'."
      Pub. L. 108-263, Sec. 1, June 30, 2004, 118 Stat. 698, provided
    that: "This Act [amending sections 144, 157, 163, and 188 of this
    title, section 777c of Title 16, Conservation, sections 9503 and
    9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
    Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
    49, Transportation, enacting provisions set out as a note under
    section 9503 of Title 26, and amending provisions set out as notes
    under this section, sections 104, 322, and 402 of this title, and
    sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited
    as the 'Surface Transportation Extension Act of 2004, Part III'."
      Pub. L. 108-224, Sec. 1, Apr. 30, 2004, 118 Stat. 627, provided
    that: "This Act [amending sections 144, 157, 163, and 188 of this
    title, section 777c of Title 16, Conservation, sections 9503 and
    9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
    Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
    49, Transportation, enacting provisions set out as a note under
    section 9503 of Title 26, and amending provisions set out as notes
    under this section, sections 104, 322, and 402 of this title, and
    sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited
    as the 'Surface Transportation Extension Act of 2004, Part II'."
      Pub. L. 108-202, Sec. 1, Feb. 29, 2004, 118 Stat. 478, provided
    that: "This Act [amending sections 144, 157, 163, and 188 of this
    title, section 777c of Title 16, Conservation, sections 9503 and
    9504 of Title 26, Internal Revenue Code, section 13106 of Title 46,
    Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title
    49, Transportation, enacting provisions set out as a note under
    section 9503 of Title 26, and amending provisions set out as notes
    under this section, sections 104, 322, and 402 of this title, and
    sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited
    as the 'Surface Transportation Extension Act of 2004'."

                       SHORT TITLE OF 2003 AMENDMENT                   
      Pub. L. 108-88, Sec. 1, Sept. 30, 2003, 117 Stat. 1110, provided
    that: "This Act [amending sections 144, 157, 163, 188, and 410 of
    this title, sections 900 and 901 of Title 2, The Congress, section
    777c of Title 16, Conservation, sections 9503 and 9504 of Title 26,
    Internal Revenue Code, section 13106 of Title 46, Shipping, and
    sections 5307, 5309, 5337, 5338, 31104, and 31107 of Title 49,
    Transportation, enacting provisions set out as notes under this
    section, section 104 of this title, section 9503 of Title 26, and
    section 5337 of Title 49, and amending provisions set out as notes
    under this section, sections 322 and 402 of this title, section 901
    of Title 2, and sections 5309, 5310, and 5338 of Title 49] may be
    cited as the 'Surface Transportation Extension Act of 2003'."

                      SHORT TITLE OF 1998 AMENDMENTS                  
      Pub. L. 105-206, title IX, Sec. 9001, July 22, 1998, 112 Stat.
    834, provided that: "This title [see Tables for classification] may
    be cited as the 'TEA 21 Restoration Act'."
      Pub. L. 105-178, Sec. 1(a), June 9, 1998, 112 Stat. 107, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Transportation Equity Act for the 21st Century'."
      Pub. L. 105-178, title I, Sec. 1501, June 9, 1998, 112 Stat. 241,
    provided that: "This chapter [chapter 1 (Secs. 1501-1504) of
    subtitle E of title I of Pub. L. 105-178, enacting subchapter II of
    this chapter, amending section 301 of Title 49, Transportation, and
    enacting provisions set out as a note under section 181 of this
    title] may be cited as the 'Transportation Infrastructure Finance
    and Innovation Act of 1998'."

                       SHORT TITLE OF 1997 AMENDMENT                   
      Pub. L. 105-130, Sec. 1, Dec. 1, 1997, 111 Stat. 2552, provided
    that: "This Act [amending sections 104, 321, 326, and 410 of this
    title, sections 9503, 9504, and 9511 of Title 26, Internal Revenue
    Code, and sections 111, 5309, 5337, 5338, 30308, and 31104 of Title
    49, Transportation, enacting provisions set out as notes under
    section 104 of this title and section 9503 of Title 26, and
    amending provisions set out as notes under this section and section
    307 of this title] may be cited as the 'Surface Transportation
    Extension Act of 1997'."

                       SHORT TITLE OF 1995 AMENDMENT                   
      Section 1(a) of Pub. L. 104-59 provided that: "This Act [enacting
    section 161 of this title, amending this section, sections 103,
    104, 106, 109, 111, 112, 115, 116, 120, 122, 127, 129, 130, 131,
    133, 134, 141, 144, 149, 152, 153, 217, 303, 306, 307, 323, 409,
    and 410 of this title, sections 1261 and 1262 of Title 16,
    Conservation, sections 7506 and 12186 of Title 42, The Public
    Health and Welfare, and sections 5316, 5331, 20140, 30308, 31112,
    31136, 31306, and 45102 of Title 49, Transportation, repealing
    section 154 of this title, enacting provisions set out as notes
    preceding section 101 of this title and under this section,
    sections 104, 109, 130, 141, 153, 154, 307, 309, 401, and 408 of
    this title, section 403 of Title 16, section 7511a of Title 42, and
    section 31136 of Title 49, amending provisions set out as notes
    under this section and sections 104, 109, 127, 149, and 307 of this
    title, and repealing provisions set out as notes preceding section
    101 of this title and under section 112 of this title] may be cited
    as the 'National Highway System Designation Act of 1995'."

                       SHORT TITLE OF 1987 AMENDMENT                   
      Section 1(a) of Pub. L. 100-17 provided that: "This Act [enacting
    sections 151, 156, and 409 of this title, section 508 of Title 33,
    Navigation and Navigable Waters, section 4604 of Title 42, The
    Public Health and Welfare, and sections 1607a-2, 1619, 1620, and
    1621 of former Title 49, Transportation, amending this section,
    sections 103, 104, 106, 109, 111, 112, 113, 114, 115, 116, 118,
    119, 120, 121, 122, 123, 125, 127, 129, 130, 138, 140, 144, 152,
    154, 157, 204, 210, 215, 217, 307, 315, 319, 321, 323, 401, 402,
    and 408 of this title, section 460l-11 of Title 16, Conservation,
    section 1761 of Title 18, Crimes and Criminal Procedure, sections
    4041, 4051, 4052, 4071, 4081, 4221, 4481, 4482, 4483, 6156, 6412,
    6420, 6421, 6427, and 9503 of Title 26, Internal Revenue Code,
    sections 494 and 1414 of Title 33, sections 4601, 4621, 4622, 4623,
    4624, 4625, 4626, 4630, 4631, 4633, 4636, 4638, 4651, and 4655 of
    Title 42, sections 303 and 10922 of Title 49, and sections 1602,
    1603, 1604, 1607, 1607a, 1607a-1, 1607c, 1608, 1612, 1613, 1614,
    1617, 1655, 2311, 2314, and 2716 of former Title 49, repealing
    sections 211, 213, 219, and 322 of this title, sections 498a, 498b,
    503 to 507, 526, 526a, 529, and 535d of Title 33, and sections 4634
    and 4637 of Title 42, enacting provisions set out as notes under
    this section, sections 103, 104, 116, 120, 125, 127, 130, 144, 202,
    307, 401, and 402 of this title, sections 1, 4052, and 4481 of
    Title 26, section 4601 of Title 42, section 10922 of Title 49, and
    sections 1601, 1602, 1608, and 2204 of former Title 49, amending
    provisions set out as notes under this section and sections 103,
    104, 130, 141, 144, 146, and 401 of this title, and repealing
    provisions set out as notes under sections 114, 130, and 217 of
    this title and section 526a of Title 33] may be cited as the
    'Surface Transportation and Uniform Relocation Assistance Act of
    1987'."
      Section 101 of title I of Pub. L. 100-17 provided that: "This
    title [enacting sections 151, 156, and 409 of this title and
    section 508 of Title 33, Navigation and Navigable Waters, amending
    this section, sections 103, 104, 106, 109, 111, 112, 113, 114, 115,
    116, 118, 119, 120, 121, 122, 123, 125, 127, 129, 130, 138, 140,
    144, 152, 154, 157, 204, 210, 215, 217, 307, 315, 319, 321, 323,
    401, and 402 of this title, section 1761 of Title 18, Crimes and
    Criminal Procedure, sections 494 and 1414 of Title 33, section 303
    of Title 49, Transportation, and sections 1655, 2311, and 2716 of
    former Title 49, repealing sections 211, 213, 219, and 322 of this
    title and sections 498a, 498b, 503 to 507, 526, 526a, 529, and 535d
    of Title 33, enacting provisions set out as notes under this
    section and sections 103, 104, 116, 120, 125, 127, 130, 144, 202,
    307, and 402 of this title, amending provisions set out as notes
    under this section and sections 103, 104, 130, 141, 144, and 146 of
    this title, and repealing provisions set out as notes under
    sections 114, 130, and 217 of this title and section 526a of Title
    33] may be cited as the 'Federal-Aid Highway Act of 1987'."

                      SHORT TITLE OF 1983 AMENDMENTS                  
      Section 1 of Pub. L. 97-424 provided: "That this Act [enacting
    section 157 of this title, sections 4051 to 4053 and 9503 of Title
    26, Internal Revenue Code, and sections 1601c, 1607a, 1607a-1,
    1617, 1618, and 2301 to 2315 of former Title 49, Transportation,
    amending section 713c-3 of Title 15, Commerce and Trade, sections
    460l-11 and 1606a of Title 16, Conservation, sections 101, 101
    notes, 103, 103 note, 105, 109, 112, 113, 114, 115, 116, 118, 119,
    120, 122, 125, 127, 130 notes, 137, 139, 140, 141, 142, 144, 150,
    152, 201, 202, 203, 204, 210, 214, 217, 218, 307, 307 note, 401
    note, and 402 of this title, sections 39, 44E, 46, 48, 103, 165
    note, 167, 168, 274, 851, 852, 874, 882, 3304 note, 3454, 4041,
    4061, 4063, 4071, 4081, 4101, 4102, 4221, 4222, 4481, 4482, 4483,
    6049, 6156, 6201, 6206, 6362, 6412, 6416, 6420, 6421, 6427, 6504,
    6675, 7210, 7603, 7604, 7605, 7609, 7610, and 9502 of Title 26,
    section 1414 of Title 33, Navigation and Navigable Waters, sections
    602 and 1382a of Title 42, The Public Health and Welfare, sections
    1474, 1475, and 1479 of former Title 46, Shipping, section 1273 of
    Title 46, Appendix, sections 10927 note, 11909 and 11914 of Title
    49, and sections 1602, 1603, 1604, 1607c, 1608, 1611, 1612, 1614,
    2204, 2205, 2206 of former Title 49, repealing sections 101 notes,
    104 note, and 206 to 209 of this title, sections 120 note, 4091 to
    4094, and 6424 of Title 26, and sections 1602 note, 1604a, 1617,
    and 1618 of former Title 49, and enacting provisions set out as
    notes under this section, sections 103, 104, 105, 109, 111, 119,
    120, 125, 144, 146, 154, 307, 401, and 408 of this title, section
    713c-3 of Title 15, sections 1, 39, 46, 165, 274, 3304, 4041, 4051,
    4061, 4071, 4081, 4481, 6012, 6427, and 9503 of Title 26, section
    602 of Title 42, and sections 1601, 1612, and 2315 of former Title
    49] may be cited as the 'Surface Transportation Assistance Act of
    1982'."
      Section 101 of title I of Pub. L. 97-424 provided that: "This
    title [enacting section 157 of this title, amending this section
    and sections 103, 105, 109, 112, 113, 114, 115, 116, 118, 119, 120,
    122, 125, 127, 137, 139, 140, 142, 144, 150, 152, 201, 202, 203,
    204, 210, 214, 217, 218, and 307 of this title, repealing sections
    101 notes, 104 note, and 206 to 209 of this title, and enacting
    provisions set out as notes under this section, sections 103, 104,
    105, 109, 111, 119, 120, 125, 144, and 146 of this title, and
    section 2315 of former Title 49, Transportation] may be cited as
    the 'Highway Improvement Act of 1982'."
      Section 1 of Pub. L. 97-327, Oct. 15, 1982, 96 Stat. 1611,
    provided: "That this Act [amending section 144 of this title,
    provisions set out as notes under this section and section 130 of
    this title, and enacting provisions set out as notes under section
    104 of this title] may be cited as the 'Federal-Aid Highway Act of
    1982'."

                       SHORT TITLE OF 1981 AMENDMENT                   
      Pub. L. 97-134, Sec. 13, Dec. 29, 1981, 95 Stat. 1703, provided
    that: "This Act [amending sections 104, 119, and 139 of this title
    and enacting provisions set out as notes under this section and
    section 104 of this title] may be cited as the 'Federal-Aid Highway
    Act of 1981'."

                       SHORT TITLE OF 1978 AMENDMENT                   
      Section 1 of Pub. L. 95-599 provided: "That this Act [enacting
    sections 119, 146, and 407 of this title, and sections 1602-1,
    1607, 1614, 1615, 1616, 1617 and 1618 of former Title 49,
    Transportation, amending this section, sections 103, 104, 105, 109,
    111, 116, 118, 120, 122, 124, 125, 129, 131, 134, 141, 144, 148,
    151, 152, 154, 155, 215, 217, 219, 320, 402, and 406 of this title,
    section 1418 of Title 15, Commerce and Trade, section 460l-11 of
    Title 16, Conservation, sections 39, 4041, 4061, 4071, 4081, 4481,
    4482, 6156, 6412, 6421, 6427, 7210, 7603, 7604, 7605, 7609, and
    7610 of Title 26, Internal Revenue Code, section 201 of former
    Title 40, Appendix, Public Buildings, Property, and Works, sections
    303, 1602, 1603, 1604, 1607b, 1607c, 1608, 1611, 1612, and 1613 of
    former Title 49, repealing section 153 of this title and sections
    1607, 1607a, and 1614 of former Title 49, and enacting provisions
    set out as notes under this section, sections 103, 104, 109, 111,
    120, 122, 124, 129, 130, 134, 135, 141, 142, 144, 146, 215, 217,
    307, 320, 401, 402, and 403 of this title, section 6427 of Title
    26, section 201 of former Title 40, Appendix, section 5904 of Title
    42, The Public Health and Welfare, section 883 of Title 46,
    Appendix, Shipping, and sections 1601, 1602, 1604, 1605, 1612, and
    1653 of former Title 49] may be cited as the 'Surface
    Transportation Assistance Act of 1978'."
      Section 101 of title I of Pub. L. 95-599 provided that: "This
    title [enacting sections 119 and 146 of this title, amending this
    section, sections 103, 104, 105, 109, 111, 116, 118, 120, 122, 124,
    125, 129, 131, 134, 141, 144, 148, 151, 152, 155, 203, 215, 217,
    219, 320, and 406 of this title, and section 201 of former Title
    40, Appendix, Public Buildings, Property and Works, repealing
    section 153 of this title and provisions set out as notes under
    this section and section 1605 of Title 42, The Public Health and
    Welfare, and enacting provisions set out as notes under this
    section, sections 103, 104, 109, 111, 120, 122, 124, 129, 130, 134,
    135, 141, 142, 144, 146, 217, 307, and 320 of this title, section
    201 of former Title 40, Appendix, section 5904 of Title 42, section
    883 of Title 46, Appendix, Shipping, and section 1653 of former
    Title 49, Transportation] may be cited as the 'Federal-Aid Highway
    Act of 1978'."
      Section 501 of Pub. L. 95-599 provided that: "This title
    [amending section 4601-11 of Title 16, Conservation, sections 39,
    4041, 4061, 4071, 4081, 4481, 4482, 6156, 6412, 6421, 6427, 7210,
    7603, 7604, and 7605 of Title 26, Internal Revenue Code, and
    enacting provisions set out as notes under sections 120 and 307 of
    this title and section 6427 of Title 26] may be cited as the
    'Highway Revenue Act of 1978'."

                       SHORT TITLE OF 1976 AMENDMENT                   
      Pub. L. 94-280, title I, Sec. 101, May 5, 1976, 90 Stat. 425,
    provided that: "This title [enacting section 156 of this title,
    amending this section and sections 103, 104, 106, 108, 117, 118,
    121, 125, 127, 129, 131, 135, 138 to 140, 142, 147, 152, 153, 202,
    203, 217, 219, 319, and 320 of this title, repealing sections 146
    and 405 of this title, enacting provisions set out as notes under
    this section, sections 103, 104, 124, 134, 135, 215, 218, 319, and
    320 of this title, and section 1605 of former Title 49,
    Transportation, and amending provisions set out as notes under this
    section, sections 120, 130, and 142 of this title, and section 1605
    of former Title 49] may be cited as the 'Federal-Aid Highway Act of
    1976'."

                       SHORT TITLE OF 1974 AMENDMENT                   
      Pub. L. 93-643, Sec. 1, Jan. 4, 1975, 88 Stat. 2281, provided:
    "That this Act [enacting sections 141, 154, 155, 219, and 406,
    amending this section and sections 103, 115, 127, 129, 131, 136,
    144, 208, 320, 322, 323, and 405, enacting provisions set out as
    notes under this section, sections 142, 217, and 320, amending
    provisions set out as notes under this section and sections 130 and
    142, and repealing provisions set out as a note under this section]
    may be cited as the 'Federal-Aid Highway Amendments of 1974'."

                       SHORT TITLE OF 1973 AMENDMENT                   
      Pub. L. 93-87, title I, Sec. 101, Aug. 13, 1973, 87 Stat. 250,
    provided that: "This title [enacting sections 145 to 150, 217, 218,
    323, and 324 of this title and section 1602a of former Title 49,
    Transportation, amending this section and sections 103 to 105, 108,
    109, 114, 117, 121, 126, 129, 135, 140, 142, 143, 149, 207, 303,
    307 to 310, 312, 314, and 320 of this title, and enacting
    provisions set out as notes under this section, sections 103, 104,
    120, 130, 142, 218, 307, 319, and 320 of this title, and sections
    1608 and 1637 of former Title 49] may be cited as the 'Federal-Aid
    Highway Act of 1973'."

                       SHORT TITLE OF 1970 AMENDMENT                   
      Pub. L. 91-605, title I, Sec. 101, Dec. 31, 1970, 84 Stat. 1713,
    provided that: "This title [enacting sections 142, 143, 215, 216,
    321, and 510 of this title, amending this section and sections 103,
    104, 105, 106, 109, 120, 125, 128, 129, 131, 134, 135, 136, 139,
    140, 303, 307, 320, 506, 511, 512 of this title and section 517 of
    Title 33, Navigation and Navigable Waters, and enacting provisions
    set out as notes under this section and sections 104, 120, 129,
    131, 134, 215, 216, 303, 307, 320, and 510 of this title] may be
    cited as the 'Federal-Aid Highway Act of 1970'."

                       SHORT TITLE OF 1968 AMENDMENT                   
      Pub. L. 90-495, Sec. 1, Aug. 23, 1968, 82 Stat. 815, provided
    that: "This Act [enacting sections 135, 139, 140, and 141 of this
    title, amending this section, sections 103, 104, 108, 112, 113,
    115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, 402,
    and 501 to 512 of this title, section 636 of Title 15, Commerce and
    Trade, section 1653 of former Title 49, Transportation, and
    provisions set out as a note under this section, repealing section
    133 of this title and enacting provisions formerly set out as notes
    under this section and sections 104, 108, 125, 134, 501, 502, and
    510 of this title] may be cited as the 'Federal-Aid Highway Act of
    1968'."

                       SHORT TITLE OF 1966 AMENDMENT                   
      Pub. L. 89-574, Sec. 1, Sept. 13, 1966, 80 Stat. 766, provided
    that: "This Act [enacting sections 120 and 138 of this title,
    amending this section and sections 104, 109, 118, 120, 125, 131,
    136, 302, and 319 of this title, and enacting provisions set out as
    notes under this section and sections 106, 108, 125, 133, and 137
    of this title] may be cited as the 'Federal-Aid Highway Act of
    1966'."

                       SHORT TITLE OF 1965 AMENDMENT                   
      Pub. L. 89-285, Sec. 403, Oct. 22, 1965, 79 Stat. 1033, provided
    that: "This Act [enacting sections 136 of this title and provisions
    set out as notes under sections 131 and 135 of this title and
    amending sections 131 and 319 of this title] may be cited as the
    'Highway Beautification Act of 1965'."

                       SHORT TITLE OF 1964 AMENDMENT                   
      Pub. L. 88-423 Sec. 1, Aug. 13, 1964, 78 Stat. 397, provided
    that: "This Act [amending this section and sections 104, 205, 209,
    and 320 of this title] may be cited as the 'Federal-Aid Highway Act
    of 1964'."

                       SHORT TITLE OF 1963 AMENDMENT                   
      Pub. L. 88-157, Sec. 1, Oct. 24, 1963, 77 Stat. 276, provided:
    "That this Act [amending sections 104, 106, 109, 121, 131, and 307
    of this title] may be cited as the 'Federal-Aid Highway Amendments
    Act of 1963'."

                       SHORT TITLE OF 1962 AMENDMENT                   
      Pub. L. 87-866, Sec. 1, Oct. 23, 1962, 76 Stat. 1145, provided
    that: "This Act [enacting sections 133, 134 and 214 of this title,
    amending this section and sections 103, 104, 203, and 307 of this
    title, and enacting provisions set out as a note under section 307
    of this title] may be cited as the 'Federal-Aid Highway Act of
    1962'."

                       SHORT TITLE OF 1961 AMENDMENT                   
      Pub. L. 87-61, title I, Sec. 101, June 29, 1961, 75 Stat. 122,
    provided that: "This Act [enacting section 6156 of Title 26,
    Internal Revenue Code, amending sections 111, 131 and 210 of this
    title and sections 4041, 4061, 4071, 4081, 4218, 4221, 4226, 4481,
    4482, 6412, 6416, 6421, and 6601 of Title 26, enacting provisions
    set out as notes under this section and section 104 of this title
    and under section 4041 of Title 26, and amending provisions set out
    as notes under this section and section 120 of this title] may be
    cited as the 'Federal-Aid Highway Act of 1961'."

                       SHORT TITLE OF 1960 AMENDMENT                   
      Pub. L. 86-657, Sec. 1, July 14, 1960, 74 Stat. 522, provided
    that: "This Act [enacting section 132 of this title and amending
    sections 104, 114, 120, 129, 203, 205, 210, and 305 of this title]
    may be cited as the 'Federal Highway Act of 1960'."

                       SHORT TITLE OF 1959 AMENDMENT                   
      Pub. L. 86-342, title I, Sec. 101, Sept. 21, 1959, 73 Stat. 611,
    provided that: "This Act [amending sections 125, 131, 137, and 320
    of this title, and sections 4041, 4081, 4082, 4226, 6412, 6416, and
    6421 of Title 26, Internal Revenue Code, enacting notes set out
    under section 307 of this title and section 4082 of Title 26, and
    amending notes set out under this section and sections 104 and 120
    of this title] may be cited as the 'Federal-Aid Highway Act of
    1959'."

                               SEPARABILITY                           
      Section 36 of Pub. L. 90-495 provided that: "If any provision of
    this Act (including the amendments made by this Act) [enacting
    sections 135, 139, 140, 141, and 501-511 of this title, amending
    this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125,
    128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title,
    section 636 of Title 15, Commerce and Trade, section 1653 of former
    Title 49, Transportation, and provisions set out as a note under
    this section, repealing section 133 of this title, and enacting
    provisions set out as notes under this section and sections 104,
    108, 125, 134, 501, 502, and 510 of this title] or the application
    thereof to any person or circumstance is held invalid, the
    remainder of this Act and the application of the provision to other
    persons or circumstances shall not be affected thereby."


-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of Title 8, Aliens and Nationality.

                           TRANSFER OF FUNCTIONS                       
      Functions, powers, and duties of Secretary of Commerce and other
    officers and offices of Department of Commerce under this title and
    under specific related laws and parts of laws set out in the notes
    in this title relating generally to highways and highway and
    traffic safety transferred to and vested in Secretary of
    Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931,
    which created Department of Transportation. See section 102 of
    Title 49, Transportation, and Pub. L. 97-449, Sec. 2, Jan. 12,
    1983, 96 Stat. 2439.


-MISC2-
              PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE          
      Pub. L. 109-59, title I, Sec. 1301, Aug. 10, 2005, 119 Stat.
    1198, provided that:
      "(a) Findings. - Congress finds the following:
        "(1) Under current law, surface transportation programs rely
      primarily on formula capital apportionments to States.
        "(2) Despite the significant increase for surface
      transportation program funding in the Transportation Equity Act
      of the 21st Century [Pub. L. 105-178, see Tables for
      classification], current levels of investment are insufficient to
      fund critical high-cost transportation infrastructure facilities
      that address critical national economic and transportation needs.
        "(3) Critical high-cost transportation infrastructure
      facilities often include multiple levels of government, agencies,
      modes of transportation, and transportation goals and planning
      processes that are not easily addressed or funded within existing
      surface transportation program categories.
        "(4) Projects of national and regional significance have
      national and regional benefits, including improving economic
      productivity by facilitating international trade, relieving
      congestion, and improving transportation safety by facilitating
      passenger and freight movement.
        "(5) The benefits of projects described in paragraph (4) accrue
      to local areas, States, and the Nation as a result of the effect
      such projects have on the national transportation system.
        "(6) A program dedicated to constructing projects of national
      and regional significance is necessary to improve the safe,
      secure, and efficient movement of people and goods throughout the
      United States and improve the health and welfare of the national
      economy.
      "(b) Establishment of Program. - The Secretary [of
    Transportation] shall establish a program to provide grants to
    States for projects of national and regional significance.
      "(c) Definitions. - In this section, the following definitions
    apply:
        "(1) Eligible project costs. - The term 'eligible project
      costs' means the costs of - 
          "(A) development phase activities, including planning,
        feasibility analysis, revenue forecasting, environmental
        review, preliminary engineering and design work, and other
        preconstruction activities; and
          "(B) construction, reconstruction, rehabilitation, and
        acquisition of real property (including land related to the
        project and improvements to land), environmental mitigation,
        construction contingencies, acquisition of equipment, and
        operational improvements.
        "(2) Eligible project. - The term 'eligible project' means any
      surface transportation project eligible for Federal assistance
      under title 23, United States Code, including freight railroad
      projects and activities eligible under such title.
        "(3) State. - The term 'State' has the meaning such term has in
      section 101(a) of title 23, United States Code.
      "(d) Eligibility. - To be eligible for assistance under this
    section, a project shall have eligible project costs that are
    reasonably anticipated to equal or exceed the lesser of - 
        "(1) $500,000,000; or
        "(2) 75 percent of the amount of Federal highway assistance
      funds apportioned for the most recently completed fiscal year to
      the State in which the project is located.
      "(e) Applications. - Each State seeking to receive a grant under
    this section for an eligible project shall submit to the Secretary
    [of Transportation] an application in such form and in accordance
    with such requirements as the Secretary shall establish.
      "(f) Competitive Grant Selection and Criteria for Grants. - 
        "(1) In general. - The Secretary [of Transportation] shall - 
          "(A) establish criteria for selecting among projects that
        meet the eligibility criteria specified in subsection (d);
          "(B) conduct a national solicitation for applications; and
          "(C) award grants on a competitive basis.
        "(2) Criteria for grants. - The Secretary may approve a grant
      under this section for a project only if the Secretary determines
      that the project - 
          "(A) is based on the results of preliminary engineering;
          "(B) is justified based on the ability of the project - 
            "(i) to generate national economic benefits, including
          creating jobs, expanding business opportunities, and
          impacting the gross domestic product;
            "(ii) to reduce congestion, including impacts in the State,
          region, and Nation;
            "(iii) to improve transportation safety, including reducing
          transportation accidents, injuries, and fatalities;
            "(iv) to otherwise enhance the national transportation
          system; and
            "(v) to garner support for non-Federal financial
          commitments and provide evidence of stable and dependable
          financing sources to construct, maintain, and operate the
          infrastructure facility; and
          "(C) is supported by an acceptable degree of non-Federal
        financial commitments, including evidence of stable and
        dependable financing sources to construct, maintain, and
        operate the infrastructure facility.
        "(3) Selection considerations. - In selecting a project under
      this section, the Secretary shall consider the extent to which
      the project - 
          "(A) leverages Federal investment by encouraging non-Federal
        contributions to the project, including contributions from
        public-private partnerships;
          "(B) uses new technologies, including intelligent
        transportation systems, that enhance the efficiency of the
        project; and
          "(C) helps maintain or protect the environment.
        "(4) Preliminary engineering. - In evaluating a project under
      paragraph (2)(A), the Secretary shall analyze and consider the
      results of preliminary engineering for the project.
        "(5) Non-federal financial commitment. - 
          "(A) Evaluation of project. - In evaluating a project under
        paragraph (2)(C), the Secretary shall require that - 
            "(i) the proposed project plan provides for the
          availability of contingency amounts that the Secretary
          determines to be reasonable to cover unanticipated cost
          increases; and
            "(ii) each proposed non-Federal source of capital and
          operating financing is stable, reliable, and available within
          the proposed project timetable.
          "(B) Considerations. - In assessing the stability,
        reliability, and availability of proposed sources of non-
        Federal financing under subparagraph (A), the Secretary shall
        consider - 
            "(i) existing financial commitments;
            "(ii) the degree to which financing sources are dedicated
          to the purposes proposed;
            "(iii) any debt obligation that exists or is proposed by
          the recipient for the proposed project; and
            "(iv) the extent to which the project has a non-Federal
          financial commitment that exceeds the required non-Federal
          share of the cost of the project.
        "(6) Regulations. - Not later than 180 days after the date of
      enactment of this Act [Aug. 10, 2005], the Secretary shall issue
      regulations on the manner in which the Secretary will evaluate
      and rate the projects based on the results of preliminary
      engineering, project justification, and the degree of non-Federal
      financial commitment, as required under this subsection.
        "(7) Project evaluation and rating. - 
          "(A) In general. - A proposed project may advance from
        preliminary engineering to final design and construction only
        if the Secretary finds that the project meets the requirements
        of this subsection and there is a reasonable likelihood that
        the project will continue to meet such requirements.
          "(B) Evaluation and rating. - In making such findings, the
        Secretary shall evaluate and rate the project as 'highly
        recommended', 'recommended', or 'not recommended' based on the
        results of preliminary engineering, the project justification
        criteria, and the degree of non-Federal financial commitment,
        as required under this subsection. In rating the projects, the
        Secretary shall provide, in addition to the overall project
        rating, individual ratings for each of the criteria established
        under the regulations issued under paragraph (6).
      "(g) Letters of Intent and Full Funding Grant Agreements. - 
        "(1) Letter of intent. - 
          "(A) In general. - The Secretary [of Transportation] may
        issue a letter of intent to an applicant announcing an
        intention to obligate, for a project under this section, an
        amount from future available budget authority specified in law
        that is not more than the amount stipulated as the financial
        participation of the Secretary in the project.
          "(B) Notification. - At least 60 days before issuing a letter
        under subparagraph (A) or entering into a full funding grant
        agreement, the Secretary shall notify in writing the Committee
        on Transportation and Infrastructure of the House of
        Representatives and the Committee on Environment and Public
        Works of the Senate of the proposed letter or agreement. The
        Secretary shall include with the notification a copy of the
        proposed letter or agreement as well as the evaluations and
        ratings for the project.
          "(C) Not an obligation. - The issuance of a letter is deemed
        not to be an obligation under sections 1108(c), 1108(d), 1501,
        and 1502(a) of title 31, United States Code, or an
        administrative commitment.
          "(D) Obligation or commitment. - An obligation or
        administrative commitment may be made only when contract
        authority is allocated to a project.
        "(2) Full funding grant agreement. - 
          "(A) In general. - A project financed under this subsection
        shall be carried out through a full funding grant agreement.
        The Secretary shall enter into a full funding grant agreement
        based on the evaluations and ratings required under subsection
        (f)(7).
          "(B) Terms. - If the Secretary makes a full funding grant
        agreement with an applicant, the agreement shall - 
            "(i) establish the terms of participation by the United
          States Government in a project under this section;
            "(ii) establish the maximum amount of Government financial
          assistance for the project;
            "(iii) cover the period of time for completing the project,
          including a period extending beyond the period of an
          authorization; and
            "(iv) make timely and efficient management of the project
          easier according to the laws of the United States.
          "(C) Agreement. - An agreement under this paragraph obligates
        an amount of available budget authority specified in law and
        may include a commitment, contingent on amounts to be specified
        in law in advance for commitments under this paragraph, to
        obligate an additional amount from future available budget
        authority specified in law. The agreement shall state that the
        contingent commitment is not an obligation of the Government.
        Interest and other financing costs of efficiently carrying out
        a part of the project within a reasonable time are a cost of
        carrying out the project under a full funding grant agreement,
        except that eligible costs may not be more than the cost of the
        most favorable financing terms reasonably available for the
        project at the time of borrowing. The applicant shall certify,
        in a way satisfactory to the Secretary, that the applicant has
        shown reasonable diligence in seeking the most favorable
        financing terms.
        "(3) Amounts. - The total estimated amount of future
      obligations of the Government and contingent commitments to incur
      obligations covered by all outstanding letters of intent and full
      funding grant agreements may be not more than the greater of the
      amount authorized to carry out this section or an amount
      equivalent to the last 2 fiscal years of funding authorized to
      carry out this section less an amount the Secretary reasonably
      estimates is necessary for grants under this section not covered
      by a letter. The total amount covered by new letters and
      contingent commitments included in full funding grant agreements
      may be not more than a limitation specified in law.
      "(h) Grant Requirements. - 
        "(1) In general. - A grant for a project under this section
      shall be subject to all of the requirements of title 23, United
      States Code.
        "(2) Other terms and conditions. - The Secretary [of
      Transportation] shall require that all grants under this section
      be subject to all terms, conditions, and requirements that the
      Secretary decides are necessary or appropriate for purposes of
      this section, including requirements for the disposition of net
      increases in value of real property resulting from the project
      assisted under this section.
      "(i) Government's Share of Project Cost. - Based on engineering
    studies, studies of economic feasibility, and information on the
    expected use of equipment or facilities, the Secretary [of
    Transportation] shall estimate the cost of a project receiving
    assistance under this section. A grant for the project is for 80
    percent of the project cost, unless the grant recipient requests a
    lower grant percentage. A refund or reduction of the remainder may
    be made only if a refund of a proportional amount of the grant of
    the Government is made at the same time.
      "(j) Fiscal Capacity Considerations. - If the Secretary [of
    Transportation] gives priority consideration to financing projects
    that include more than the non-Government share required under
    subsection (i) the Secretary shall give equal consideration to
    differences in the fiscal capacity of State and local governments.
      "(k) Reports. - 
        "(1) Annual report. - Not later than the first Monday in
      February of each year, the Secretary [of Transportation] shall
      submit to the Committee on Transportation and Infrastructure of
      the House of Representatives and the Committee on Environment and
      Public Works of the Senate a report that includes a proposal on
      the allocation of amounts to be made available to finance grants
      under this section.
        "(2) Recommendations on funding. - The annual report under this
      paragraph [subsection] shall include evaluations and ratings, as
      required under subsection (f). The report shall also include
      recommendations of projects for funding based on the evaluations
      and ratings and on existing commitments and anticipated funding
      levels for the next 3 fiscal years and for the next 10 fiscal
      years based on information currently available to the Secretary.
      "(l) Applicability of Title 23. - Funds made available to carry
    out this section shall be available for obligation in the same
    manner as if such funds were apportioned under chapter 1 of title
    23, United States Code; except that such funds shall not be
    transferable and shall remain available until expended and the
    Federal share of the cost of a project under this section shall be
    as provided in this section.
      "(m) Designated Projects. - [Omitted.]"

           NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM       
      Pub. L. 109-59, title I, Sec. 1302, Aug. 10, 2005, 119 Stat.
    1204, provided that:
      "(a) In General. - The Secretary [of Transportation] shall
    establish and implement a program to make allocations to States for
    highway construction projects in corridors of national significance
    to promote economic growth and international or interregional trade
    pursuant to the selection factors provided in this section. A State
    must submit an application to the Secretary in order to receive an
    allocation under this section.
      "(b) Selection Process. - 
        "(1) Priority. - In the selection process under this section,
      the Secretary [of Transportation] shall give priority to projects
      in corridors that are a part of, or will be designated as part
      of, the Dwight D. Eisenhower National System of Interstate and
      Defense Highways after completion of the work described in the
      application received by the Secretary and to any project that
      will be completed within 5 years of the date of the allocation of
      funds for the project.
        "(2) Selection factors. - In making allocations under this
      section, the Secretary shall consider the following factors:
          "(A) The extent to which the corridor provides a link between
        two existing segments of the Interstate System.
          "(B) The extent to which the project will facilitate major
        multistate or regional mobility and economic growth and
        development in areas underserved by existing highway
        infrastructure.
          "(C) The extent to which commercial vehicle traffic in the
        corridor - 
            "(i) has increased since the date of enactment of the North
          American Free Trade Agreement Implementation Act [Pub. L. 103-
          182, Dec. 8, 1993] (16 U.S.C. 4401 et seq. [see Tables for
          classification]); and
            "(ii) is projected to increase in the future.
          "(D) The extent to which international truck-borne
        commodities move through the corridor.
          "(E) The extent to which the project will make improvements
        to an existing segment of the Interstate System that will
        result in a decrease in congestion.
          "(F) The reduction in commercial and other travel time
        through a major freight corridor expected as a result of the
        project.
          "(G) The value of the cargo carried by commercial vehicle
        traffic in the corridor and the economic costs arising from
        congestion in the corridor.
          "(H) The extent of leveraging of Federal funds provided to
        carry out this section, including - 
            "(i) use of innovative financing;
            "(ii) combination with funding provided under other
          sections of this Act [see Tables for classification] and
          title 23, United States Code; and
            "(iii) combination with other sources of Federal, State,
          local, or private funding.
      "(c) Applicability of Title 23. - Funds made available by section
    1101(a)(10) of this Act [119 Stat. 1154] to carry out this section
    shall be available for obligation in the same manner as if such
    funds were apportioned under chapter 1 of title 23, United States
    Code; except that such funds shall remain available until expended,
    and the Federal share of the cost of a project under this section
    shall be determined in accordance with section 120 of such title.
      "(d) State Defined. - In this section, the term 'State' has the
    meaning such term has in section 101(a) of title 23, United States
    Code.
      "(e) Designated Projects. - [Omitted.]"

              DELTA REGION TRANSPORTATION DEVELOPMENT PROGRAM          
      Pub. L. 109-59, title I, Sec. 1308, Aug. 10, 2005, 119 Stat.
    1218, provided that:
      "(a) In General. - The Secretary [of Transportation] shall carry
    out a program in the 8 States comprising the Delta Region (Alabama,
    Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and
    Tennessee) to - 
        "(1) support and encourage multistate transportation planning
      and corridor development;
        "(2) provide for transportation project development;
        "(3) facilitate transportation decisionmaking; and
        "(4) support transportation construction.
      "(b) Eligible Recipients. - A State transportation department or
    metropolitan planning organization in a Delta Region State may
    receive and administer funds provided under the program.
      "(c) Eligible Activities. - The Secretary [of Transportation]
    shall make allocations under the program for multistate highway
    planning, development, and construction projects.
      "(d) Other Provisions Regarding Eligibility. - All activities
    funded under this program shall be consistent with the continuing,
    cooperative, and comprehensive planning processes required by
    sections 134 and 135 of title 23, United States Code.
      "(e) Selection Criteria. - The Secretary [of Transportation]
    shall select projects to be carried out under the program based on -
     
        "(1) whether the project is located - 
          "(A) in an area under the authority of the Delta Regional
        Authority; and
          "(B) on a Federal-aid highway;
        "(2) endorsement of the project by the State department of
      transportation; and
        "(3) evidence of the ability of the recipient of funds provided
      under the program to complete the project.
      "(f) Program Priorities. - In administering the program, the
    Secretary [of Transportation] shall - 
        "(1) encourage State and local officials to work together to
      develop plans for multimodal and multijurisdictional
      transportation decisionmaking; and
        "(2) give priority to projects that emphasize multimodal
      planning, including planning for operational improvements that - 
          "(A) increase the mobility of people and goods;
          "(B) improve the safety of the transportation system with
        respect to catastrophic natural disasters or disasters caused
        by human activity; and
          "(C) contribute to the economic vitality of the area in which
        the project is being carried out.
      "(g) Federal Share. - Amounts provided by the Delta Regional
    Authority to carry out a project under this subsection [probably
    means this section] may be applied to the non-Federal share of the
    project required by section 120 of title 23, United States Code.
      "(h) Funding. - 
        "(1) In general. - There is authorized to be appropriated from
      the Highway Trust Fund (other than the Mass Transit Account) to
      carry out this section $10,000,000 for each of fiscal years 2006
      through 2009.
        "(2) Contract authority. - Funds made available to carry out
      this section shall be available for obligation in the same manner
      as if such funds were apportioned under chapter 1 of title 23,
      United States Code; except that such funds shall not be
      transferable and shall remain available until expended."

                       MOTORCYCLIST ADVISORY COUNCIL                   
      Pub. L. 109-59, title I, Sec. 1914, Aug. 10, 2005, 119 Stat.
    1478, provided that:
      "(a) In General. - The Secretary [of Transportation], acting
    through the Administrator of the Federal Highway Administration, in
    consultation with the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate, shall appoint a
    Motorcyclist Advisory Council to coordinate with and advise the
    Administrator on infrastructure issues of concern to motorcyclists,
    including - 
        "(1) barrier design;
        "(2) road design, construction, and maintenance practices; and
        "(3) the architecture and implementation of intelligent
      transportation system technologies.
      "(b) Composition. - The Council shall consist of not more than 10
    members of the motorcycling community with professional expertise
    in national motorcyclist safety advocacy, including - 
        "(1) at least - 
          "(A) one member recommended by a national motorcyclist
        association;
          "(B) one member recommended by a national motorcycle riders
        foundation;
          "(C) one representative of the National Association of State
        Motorcycle Safety Administrators;
          "(D) two members of State motorcyclists' organizations;
          "(E) one member recommended by a national organization that
        represents the builders of highway infrastructure;
          "(F) one member recommended by a national association that
        represents the traffic safety systems industry; and
          "(G) one member of a national safety organization; and
        "(2) at least one, and not more than two, motorcyclists who are
      traffic system design engineers or State transportation
      department officials."

            NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM        
      Pub. L. 105-178, title I, Sec. 1118, June 9, 1998, 112 Stat. 161,
    provided that:
      "(a) In General. - The Secretary shall establish and implement a
    program to make allocations to States and metropolitan planning
    organizations for coordinated planning, design, and construction of
    corridors of national significance, economic growth, and
    international or interregional trade. A State or metropolitan
    planning organization may apply to the Secretary for allocations
    under this section.
      "(b) Eligibility of Corridors. - The Secretary may make
    allocations under this section with respect to - 
        "(1) high priority corridors identified in section 1105(c) of
      the Intermodal Surface Transportation Efficiency Act of 1991
      [Pub. L. 102-240, 105 Stat. 2032]; and
        "(2) any other significant regional or multistate highway
      corridor not described in whole or in part in paragraph (1)
      selected by the Secretary after consideration of - 
          "(A) the extent to which the annual volume of commercial
        vehicle traffic at the border stations or ports of entry of
        each State - 
            "(i) has increased since the date of enactment of the North
          American Free Trade Agreement Implementation Act (Public Law
          103-182 [Dec. 8, 1993]); and
            "(ii) is projected to increase in the future;
          "(B) the extent to which commercial vehicle traffic in each
        State - 
            "(i) has increased since the date of enactment of the North
          American Free Trade Agreement Implementation Act (Public Law
          103-182); and
            "(ii) is projected to increase in the future;
          "(C) the extent to which international truck-borne
        commodities move through each State;
          "(D) the reduction in commercial and other travel time
        through a major international gateway or affected port of entry
        expected as a result of the proposed project including the
        level of traffic delays at at-grade highway crossings of major
        rail lines in trade corridors;
          "(E) the extent of leveraging of Federal funds provided under
        this subsection, including - 
            "(i) use of innovative financing;
            "(ii) combination with funding provided under other
          sections of this Act [see Tables for classification] and
          title 23, United States Code; and
            "(iii) combination with other sources of Federal, State,
          local, or private funding including State, local, and private
          matching funds;
          "(F) the value of the cargo carried by commercial vehicle
        traffic, to the extent that the value of the cargo and
        congestion impose economic costs on the Nation's economy; and
          "(G) encourage or facilitate major multistate or regional
        mobility and economic growth and development in areas
        underserved by existing highway infrastructure.
      "(c) Purposes. - Allocations may be made under this section for 1
    or more of the following purposes:
        "(1) Feasibility studies.
        "(2) Comprehensive corridor planning and design activities.
        "(3) Location and routing studies.
        "(4) Multistate and intrastate coordination for corridors
      described in subsection (b).
        "(5) After review by the Secretary of a development and
      management plan for the corridor or a usable component thereof
      under subsection (b) - 
          "(A) environmental review; and
          "(B) construction.
      "(d) Corridor Development and Management Plan. - A State or
    metropolitan planning organization receiving an allocation under
    this section shall develop, and submit to the Secretary for review,
    a development and management plan for the corridor or a usable
    component thereof with respect to which the allocation is being
    made. Such plan shall include, at a minimum, the following
    elements:
        "(1) A complete and comprehensive analysis of corridor costs
      and benefits.
        "(2) A coordinated corridor development plan and schedule,
      including a timetable for completion of all planning and
      development activities, environmental reviews and permits, and
      construction of all segments.
        "(3) A finance plan, including any innovative financing methods
      and, if the corridor is a multistate corridor, a State-by-State
      breakdown of corridor finances.
        "(4) The results of any environmental reviews and mitigation
      plans.
        "(5) The identification of any impediments to the development
      and construction of the corridor, including any environmental,
      social, political and economic objections.
    In the case of a multistate corridor, the Secretary shall encourage
    all States having jurisdiction over any portion of such corridor to
    participate in the development of such plan.
      "(e) Applicability of Title 23. - Funds made available by section
    1101 of this Act [set out in part as a note below] to carry out
    this section and section 1119 [set out below] shall be available
    for obligation in the same manner as if such funds were apportioned
    under chapter 1 of title 23, United States Code.
      "(f) Coordination of Planning. - Planning with respect to a
    corridor under this section shall be coordinated with
    transportation planning being carried out by the States and
    metropolitan planning organizations along the corridor and, to the
    extent appropriate, with transportation planning being carried out
    by Federal land management agencies, by tribal governments, or by
    government agencies in Mexico or Canada.
      "(g) State Defined. - In this section, the term 'State' has the
    meaning such term has under section 101 of title 23, United States
    Code."

                 COORDINATED BORDER INFRASTRUCTURE PROGRAM             
      Pub. L. 109-59, title I, Sec. 1303, Aug. 10, 2005, 119 Stat.
    1207, provided that:
      "(a) General Authority. - The Secretary [of Transportation] shall
    implement a coordinated border infrastructure program under which
    the Secretary shall distribute funds to border States to improve
    the safe movement of motor vehicles at or across the border between
    the United States and Canada and the border between the United
    States and Mexico.
      "(b) Eligible Uses. - Subject to subsection (d), a State may use
    funds apportioned under this section only for - 
        "(1) improvements in a border region to existing transportation
      and supporting infrastructure that facilitate cross-border motor
      vehicle and cargo movements;
        "(2) construction of highways and related safety and safety
      enforcement facilities in a border region that facilitate motor
      vehicle and cargo movements related to international trade;
        "(3) operational improvements in a border region, including
      improvements relating to electronic data interchange and use of
      telecommunications, to expedite cross border motor vehicle and
      cargo movement;
        "(4) modifications to regulatory procedures to expedite safe
      and efficient cross border motor vehicle and cargo movements; and
        "(5) international coordination of transportation planning,
      programming, and border operation with Canada and Mexico relating
      to expediting cross border motor vehicle and cargo movements.
      "(c) Apportionment of Funds. - On October 1 of each fiscal year,
    the Secretary [of Transportation] shall apportion among border
    States sums authorized to be appropriated to carry out this section
    for such fiscal year as follows:
        "(1) 20 percent in the ratio that - 
          "(A) the total number of incoming commercial trucks that pass
        through the land border ports of entry within the boundaries of
        a border State, as determined by the Secretary; bears to
          "(B) the total number of incoming commercial trucks that pass
        through such ports of entry within the boundaries of all the
        border States, as determined by the Secretary.
        "(2) 30 percent in the ratio that - 
          "(A) the total number of incoming personal motor vehicles and
        incoming buses that pass through land border ports of entry
        within the boundaries of a border State, as determined by the
        Secretary; bears to
          "(B) the total number of incoming personal motor vehicles and
        incoming buses that pass through such ports of entry within the
        boundaries of all the border States, as determined by the
        Secretary.
        "(3) 25 percent in the ratio that - 
          "(A) the total weight of incoming cargo by commercial trucks
        that pass through land border ports of entry within the
        boundaries of a border State, as determined by the Secretary;
        bears to
          "(B) the total weight of incoming cargo by commercial trucks
        that pass through such ports of entry within the boundaries of
        all the border States, as determined by the Secretary.
        "(4) 25 percent of the ratio that - 
          "(A) the total number of land border ports of entry within
        the boundaries of a border State, as determined by the
        Secretary; bears to
          "(B) the total number of land border ports of entry within
        the boundaries of all the border States, as determined by the
        Secretary.
      "(d) Projects in Canada or Mexico. - A project in Canada or
    Mexico, proposed by a border State to directly and predominantly
    facilitate cross-border motor vehicle and cargo movements at an
    international port of entry into the border region of the State,
    may be constructed using funds apportioned to the State under this
    section if, before obligation of those funds, Canada or Mexico, or
    the political subdivision of Canada or Mexico that is responsible
    for the operation of the facility to be constructed, provides
    assurances satisfactory to the Secretary [of Transportation] that
    any facility constructed under this subsection will be - 
        "(1) constructed in accordance with standards equivalent to
      applicable standards in the United States; and
        "(2) properly maintained and used over the useful life of the
      facility for the purpose for which the Secretary is allocating
      such funds to the project.
      "(e) Transfer of Funds to the General Services Administration. - 
        "(1) State funds. - At the request of a border State, funds
      apportioned to the State under this section may be transferred to
      the General Services Administration for the purpose of funding
      one or more projects described in subsection (b) if - 
          "(A) the Secretary [of Transportation] determines, after
        consultation with the transportation department of the border
        State, that the General Services Administration should carry
        out the project; and
          "(B) the General Services Administration agrees to accept the
        transfer of, and to administer, those funds in accordance with
        this section.
        "(2) Non-federal share. - 
          "(A) In general. - A border State that makes a request under
        paragraph (1) shall provide directly to the General Services
        Administration, for each project covered by the request, the
        non-Federal share of the cost of the project.
          "(B) No augmentation of appropriations. - Funds provided by a
        border State under subparagraph (A) - 
            "(i) shall not be considered to be an augmentation of the
          appropriations made available to the General Services
          Administration; and
            "(ii) shall be - 
         "(I) administered, subject to paragraph (1)(B), in accordance
          with the procedures of the General Services Administration;
          but
         "(II) available for obligation in the same manner as if the
          funds were apportioned under chapter 1 of title 23, United
          States Code.
        "(3) Obligation authority. - Obligation authority shall be
      transferred to the General Services Administration for a project
      in the same manner and amount as the funds provided for the
      project under paragraph (1).
        "(4) Limitation on transfer of funds. - No State may transfer
      to the General Services Administration under this subsection an
      amount that is more than the lesser of - 
          "(A) 15 percent of the aggregate amount of funds apportioned
        to the State under this section for such fiscal year; or
          "(B) $5,000,000.
      "(f) Applicability of Title 23. - Funds made available to carry
    out this section shall be available for obligation in the same
    manner as if such funds were apportioned under chapter 1 of title
    23, United States Code; except that, subject to subsection (e),
    such funds shall not be transferable and shall remain available
    until expended, and the Federal share of the cost of a project
    under this section shall be determined in accordance with section
    120 of such title.
      "(g) Definitions. - In this section, the following definitions
    apply:
        "(1) Border region. - The term 'border region' means any
      portion of a border State within 100 miles of an international
      land border with Canada or Mexico.
        "(2) Border state. - The term 'border State' means any State
      that has an international land border with Canada or Mexico.
        "(3) Commercial truck. - The term 'commercial truck' means a
      commercial motor vehicle as defined in section 31301(4) (other
      than subparagraph (B)) of title 49, United States Code.
        "(4) Motor vehicle. - The term 'motor vehicle' has the meaning
      such term has under section 101(a) of title 23, United States
      Code.
        "(5) State. - The term 'State' has the meaning such term has in
      section 101(a) of such title 23."
      Pub. L. 105-178, title I, Sec. 1119, June 9, 1998, 112 Stat. 163,
    provided that:
      "(a) General Authority. - The Secretary shall establish and
    implement a coordinated border infrastructure program under which
    the Secretary may make allocations to border States and
    metropolitan planning organizations for areas within the boundaries
    of 1 or more border States for projects to improve the safe
    movement of people and goods at or across the border between the
    United States and Canada and the border between the United States
    and Mexico.
      "(b) Eligible Uses. - Allocations to States and metropolitan
    planning organizations under this section may only be used in a
    border region for - 
        "(1) improvements to existing transportation and supporting
      infrastructure that facilitate cross-border vehicle and cargo
      movements;
        "(2) construction of highways and related safety and safety
      enforcement facilities that will facilitate vehicle and cargo
      movements related to international trade;
        "(3) operational improvements, including improvements relating
      to electronic data interchange and use of telecommunications, to
      expedite cross border vehicle and cargo movement;
        "(4) modifications to regulatory procedures to expedite cross
      border vehicle and cargo movements;
        "(5) international coordination of planning, programming, and
      border operation with Canada and Mexico relating to expediting
      cross border vehicle and cargo movements; and
        "(6) activities of Federal inspection agencies.
      "(c) Selection Criteria. - The Secretary shall make allocations
    under this section on the basis of - 
        "(1) expected reduction in commercial and other motor vehicle
      travel time through an international border crossing as a result
      of the project;
        "(2) improvements in vehicle and highway safety and cargo
      security related to motor vehicles crossing a border with Canada
      or Mexico;
        "(3) strategies to increase the use of existing, underutilized
      border crossing facilities and approaches;
        "(4) leveraging of Federal funds provided under this section,
      including use of innovative financing, combination of such funds
      with funding provided under other sections of this Act [see
      Tables for classification], and combination with other sources of
      Federal, State, local, or private funding;
        "(5) degree of multinational involvement in the project and
      demonstrated coordination with other Federal agencies responsible
      for the inspection of vehicles, cargo, and persons crossing
      international borders and their counterpart agencies in Canada
      and Mexico;
        "(6) improvements in vehicle and highway safety and cargo
      security in and through the gateway or affected port of entry
      concerned;
        "(7) the degree of demonstrated coordination with Federal
      inspection agencies;
        "(8) the extent to which the innovative and problem solving
      techniques of the proposed project would be applicable to other
      border stations or ports of entry;
        "(9) demonstrated local commitment to implement and sustain
      continuing comprehensive border or affected port of entry
      planning processes and improvement programs; and
        "(10) such other factors as the Secretary determines are
      appropriate to promote border transportation efficiency and
      safety.
      "(d) Construction of Transportation Infrastructure for Law
    Enforcement Purposes. - At the request of the Administrator of
    General Services, in consultation with the Attorney General, the
    Secretary may transfer, during the period of fiscal years 1998
    through 2001, not more than $10,000,000 of the amounts made
    available by section 1101 [set out in part as a note below] to
    carry out this section and section 1118 [set out above] to the
    Administrator of General Services for the construction of
    transportation infrastructure necessary for law enforcement in
    border States.
      "(e) Definitions. - In this section, the following definitions
    apply:
        "(1) Border region. - The term 'border region' means the
      portion of a border State in the vicinity of an international
      border with Canada or Mexico.
        "(2) Border state. - The term 'border State' means any State
      that has a boundary in common with Canada or Mexico."

                    HIGHWAY ECONOMIC REQUIREMENT SYSTEM                
      Pub. L. 105-178, title I, Sec. 1213(a), June 9, 1998, 112 Stat.
    199, provided that:
      "(1) Methodology. - 
        "(A) Evaluation. - The Comptroller General of the United States
      shall conduct an evaluation of the methodology used by the
      Department of Transportation to determine highway needs using the
      highway economic requirement system (in this subsection referred
      to as the 'model').
        "(B) Required element. - The evaluation shall include an
      assessment of the extent to which the model estimates an optimal
      level of highway infrastructure investment, including an
      assessment as to when the model may be overestimating or
      underestimating investment requirements.
        "(C) Report to congress. - Not later than 2 years after the
      date of enactment of this Act [June 9, 1998], the Comptroller
      General shall submit to Congress a report on the results of the
      evaluation.
      "(2) State investment plans. - 
        "(A) Study. - In consultation with State transportation
      departments and other appropriate State and local officials, the
      Comptroller General of the United States shall conduct a study on
      the extent to which the model can be used to provide States with
      useful information for developing State transportation investment
      plans and State infrastructure investment projections.
        "(B) Required elements. - The study shall - 
          "(i) identify any additional data that may need to be
        collected beyond the data submitted, before the date of
        enactment of this Act, to the Federal Highway Administration
        through the highway performance monitoring system; and
          "(ii) identify what additional work, if any, would be
        required of the Federal Highway Administration and the States
        to make the model useful at the State level.
        "(C) Report to congress. - Not later than 3 years after the
      date of enactment of this Act, the Comptroller General shall
      submit to Congress a report on the results of the study."

              SOUTHWEST BORDER TRANSPORTATION INFRASTRUCTURE          
      Pub. L. 105-178, title I, Sec. 1213(d), June 9, 1998, 112 Stat.
    200, provided that:
      "(1) Assessment. - The Secretary shall conduct a comprehensive
    assessment of the state of the transportation infrastructure on the
    southwest border between the United States and Mexico (in this
    subsection referred to as the 'border').
      "(2) Consultation. - In carrying out the assessment, the
    Secretary shall consult with - 
        "(A) the Secretary of State;
        "(B) the Attorney General;
        "(C) the Secretary of the Treasury;
        "(D) the Commandant of the Coast Guard;
        "(E) the Administrator of General Services;
        "(F) the American Commissioner on the International Boundary
      Commission, United States and Mexico;
        "(G) State agencies responsible for transportation and law
      enforcement in border States; and
        "(H) municipal governments and transportation authorities in
      sister cities in the border area.
      "(3) Requirements. - In carrying out the assessment, the
    Secretary shall - 
        "(A) assess the flow of commercial and private traffic through
      designated ports of entry on the border;
        "(B) assess the adequacy of transportation infrastructure in
      the border area, including highways, bridges, railway lines, and
      border inspection facilities;
        "(C) assess the adequacy of law enforcement and narcotics
      abatement activities in the border area, as the activities relate
      to commercial and private traffic and infrastructure;
        "(D) assess future demands on transportation infrastructure in
      the border area; and
        "(E) make recommendations to facilitate legitimate cross-border
      traffic in the border area, while maintaining the integrity of
      the border.
      "(4) Report. - Not later than 1 year after the date of enactment
    of this Act [June 9, 1998], the Secretary shall submit to Congress
    a report on the assessment conducted under this subsection,
    including any related legislative and administrative
    recommendations."

        TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION PROGRAM    
      Pub. L. 109-59, title I, Sec. 1117(a)-(g), Aug. 10, 2005, 119
    Stat. 1177, 1178, provided that:
      "(a) Establishment. - In cooperation with appropriate State,
    tribal, regional, and local governments, the Secretary [of
    Transportation] shall establish a comprehensive program to address
    the relationships among transportation, community, and system
    preservation plans and practices and identify private sector-based
    initiatives to improve such relationships.
      "(b) Purpose. - Through the program under this section, the
    Secretary [of Transportation] shall facilitate the planning,
    development, and implementation of strategies to integrate
    transportation, community, and system preservation plans and
    practices that address one or more of the following:
        "(1) Improve the efficiency of the transportation system of the
      United States.
        "(2) Reduce the impacts of transportation on the environment.
        "(3) Reduce the need for costly future investments in public
      infrastructure.
        "(4) Provide efficient access to jobs, services, and centers of
      trade.
        "(5) Examine community development patterns and identify
      strategies to encourage private sector development that achieves
      the purposes identified in paragraphs (1) through (4).
      "(c) General Authority. - The Secretary [of Transportation] shall
    allocate funds made available to carry out this section to States,
    metropolitan planning organizations, local governments, and tribal
    governments to carry out eligible projects to integrate
    transportation, community, and system preservation plans and
    practices.
      "(d) Eligibility. - A project described in subsection (c) is an
    eligible project under this section if the project - 
        "(1) is eligible for assistance under title 23 or chapter 53 of
      title 49, United States Code; or
        "(2) is to conduct any other activity relating to
      transportation, community, and system preservation that the
      Secretary [of Transportation] determines to be appropriate,
      including corridor preservation activities that are necessary to
      implement one or more of the following:
          "(A) Transit-oriented development plans.
          "(B) Traffic calming measures.
          "(C) Other coordinated transportation, community, and system
        preservation practices.
      "(e) Criteria. - In allocating funds made available to carry out
    this section, the Secretary [of Transportation] shall give priority
    consideration to applicants that - 
        "(1) have instituted preservation or development plans and
      programs that - 
          "(A) are coordinated with State and local preservation or
        development plans, including transit-oriented development
        plans;
          "(B) promote cost-effective and strategic investments in
        transportation infrastructure that minimize adverse impacts on
        the environment; or
          "(C) promote innovative private sector strategies;
        "(2) have instituted other policies to integrate
      transportation, community, and system preservation practices,
      such as - 
          "(A) spending policies that direct funds to high-growth
        areas;
          "(B) urban growth boundaries to guide metropolitan expansion;
          "(C) 'green corridors' programs that provide access to major
        highway corridors for areas targeted for efficient and compact
        development; or
          "(D) other similar programs or policies as determined by the
        Secretary;
        "(3) have preservation or development policies that include a
      mechanism for reducing potential impacts of transportation
      activities on the environment;
        "(4) demonstrate a commitment to public and private
      involvement, including the involvement of nontraditional partners
      in the project team; and
        "(5) examine ways to encourage private sector investments that
      address the purposes of this section.
      "(f) Equitable Distribution. - In allocating funds to carry out
    this section, the Secretary [of Transportation] shall ensure the
    equitable distribution of funds to a diversity of populations and
    geographic regions.
      "(g) Funding. - 
        "(1) In general. - There is authorized to be appropriated from
      the Highway Trust Fund (other than the Mass Transit Account) to
      carry out this section $25,000,000 for fiscal year 2005 and
      $61,250,000 for each of fiscal years 2006 through 2009.
        "(2) Contract authority. - Funds made available to carry out
      this section shall be available for obligation in the same manner
      as if the funds were apportioned under chapter 1 of title 23,
      United States Code; except that such funds shall not be
      transferable, and the Federal share for projects and activities
      carried out with such funds shall be determined in accordance
      with section 120(b) of title 23, United States Code."
      Pub. L. 105-178, title I, Sec. 1221, June 9, 1998, 112 Stat. 221,
    as amended by Pub. L. 108-88, Sec. 5(a)(9), Sept. 30, 2003, 117
    Stat. 1114; Pub. L. 108-202, Sec. 5(a)(9), Feb. 29, 2004, 118 Stat.
    481; Pub. L. 108-224, Sec. 4(a)(9), Apr. 30, 2004, 118 Stat. 629;
    Pub. L. 108-263, Sec. 4(a)(9), June 30, 2004, 118 Stat. 700; Pub.
    L. 108-280, Sec. 4(a)(9), July 30, 2004, 118 Stat. 879; Pub. L. 108-
    310, Sec. 5(a)(9), Sept. 30, 2004, 118 Stat. 1149; Pub. L. 109-14,
    Sec. 4(a)(9), May 31, 2005, 119 Stat. 327; Pub. L. 109-20, Sec.
    4(a)(9), July 1, 2005, 119 Stat. 348; Pub. L. 109-35, Sec. 4(a)(9),
    July 20, 2005, 119 Stat. 381; Pub. L. 109-37, Sec. 4(a)(9), July
    22, 2005, 119 Stat. 396; Pub. L. 109-40, Sec. 4(a)(9), July 28,
    2005, 119 Stat. 412, which related to a transportation and
    community and system preservation pilot program and authorized
    appropriations to carry out such program through July 30, 2005, was
    repealed by Pub. L. 109-59, title I, Sec. 1117(h), Aug. 10, 2005,
    119 Stat. 1179.

               TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES           
      Pub. L. 105-178, title I, Sec. 1223, June 9, 1998, 112 Stat. 224,
    as amended by Pub. L. 105-206, title IX, Sec. 9003(j), July 22,
    1998, 112 Stat. 842, provided that:
      "(a) Purpose. - The purpose of this section is to authorize the
    provision of assistance for, and support of, State and local
    efforts concerning surface transportation issues necessary to
    obtain the national recognition and economic benefits of
    participation in the International Olympic movement, the
    International Paralympic movement, and the Special Olympics
    International movement by hosting international quadrennial Olympic
    and Paralympic events, and Special Olympics International events,
    in the United States.
      "(b) Priority for Transportation Projects Relating to Olympic,
    Paralympic, and Special Olympic Events. - Notwithstanding any other
    provision of law, from funds available to carry out sections 118(c)
    and 144(g)(1) of title 23, United States Code, the Secretary may
    give priority to funding for a transportation project relating to
    an international quadrennial Olympic or Paralympic event, or a
    Special Olympics International event, if - 
        "(1) the project meets the extraordinary needs associated with
      an international quadrennial Olympic or Paralympic event or a
      Special Olympics International event; and
        "(2) the project is otherwise eligible for assistance under
      sections 118(c) and 144(g)(1) of such title.
      "(c) Transportation Planning Activities. - The Secretary may
    participate in - 
        "(1) planning activities of States and metropolitan planning
      organizations and transportation projects relating to an
      international quadrennial Olympic or Paralympic event, or a
      Special Olympics International event, under sections 134 and 135
      of title 23, United States Code; and
        "(2) developing intermodal transportation plans necessary for
      the projects in coordination with State and local transportation
      agencies.
      "(d) Funding. - Notwithstanding section 5001(a) [112 Stat. 419],
    from funds made available under such section, the Secretary may
    provide assistance for the development of an Olympic, a Paralympic,
    and a Special Olympics transportation management plan in
    cooperation with an Olympic Organizing Committee responsible for
    hosting, and State and local communities affected by, an
    international quadrennial Olympic or Paralympic event or a Special
    Olympics International event.
      "(e) Transportation Projects Relating to Olympic, Paralympic, and
    Special Olympic Events. - 
        "(1) In general. - The Secretary may provide assistance,
      including planning, capital, and operating assistance, to States
      and local governments in carrying out transportation projects
      relating to an international quadrennial Olympic or Paralympic
      event or a Special Olympics International event.
        "(2) Federal share. - The Federal share of the cost of a
      project assisted under this subsection shall not exceed 80
      percent.
      "(f) Eligible Governments. - A State or local government shall be
    eligible to receive assistance under this section only if the
    government is hosting a venue that is part of an international
    quadrennial Olympics that is officially selected by the
    International Olympic Committee or Special Olympics International.
      "(g) Authorization of Appropriations. - There are authorized to
    be appropriated from the Highway Trust Fund (other than the Mass
    Transit Account) to carry out this section such sums as are
    necessary for each of fiscal years 1998 through 2003."

            DISCRETIONARY GRANT SELECTION CRITERIA AND PROCESS        
      Pub. L. 105-178, title I, Sec. 1311, as added by Pub. L. 105-206,
    title IX, Sec. 9004(a), July 22, 1998, 112 Stat. 842, provided
    that:
      "(a) Establishment of Criteria. - The Secretary shall establish
    criteria for all discretionary programs funded from the Highway
    Trust Fund (other than the Mass Transit Account). To the extent
    practicable, such criteria shall conform to the Executive Order No.
    12893 [31 U.S.C. 501 note] (relating to infrastructure investment).
      "(b) Selection Process. - 
        "(1) Limitation on acceptance of applications. - Before
      accepting applications for grants under any discretionary program
      for which funds are authorized to be appropriated from the
      Highway Trust Fund (other than the Mass Transit Account) by this
      Act [see Tables for classification] (including the amendments
      made by this Act), the Secretary shall publish the criteria
      established under subsection (a). Such publication shall identify
      all statutory criteria and any criteria established by regulation
      that will apply to the program.
        "(2) Explanation. - Not less often than quarterly, the
      Secretary shall submit to the Committee on Environment and Public
      Works of the Senate and the Committee on Transportation and
      Infrastructure of the House of Representatives a list of the
      projects selected under discretionary programs funded from the
      Highway Trust Fund (other than the Mass Transit Account) and an
      explanation of how the projects were selected based on the
      criteria established under subsection (a).
      "(c) Minimum Covered Programs. - At a minimum, the criteria
    established under subsection (a) and the selection process
    established by subsection (b) shall apply to the following
    programs:
        "(1) The intelligent transportation system deployment program
      under title V [see Tables for classification].
        "(2) The national corridor planning and development program.
        "(3) The coordinated border infrastructure and safety program.
        "(4) The construction of ferry boats and ferry terminal
      facilities.
        "(5) The national scenic byways program.
        "(6) The Interstate discretionary program.
        "(7) The discretionary bridge program."

                     COMPLIANCE WITH BUY AMERICAN ACT                 
      Section 359(c) of Pub. L. 104-59 directed Secretary of
    Transportation to conduct a study on compliance with Buy American
    Act (41 U.S.C. 10a-10c) with respect to contracts entered into
    using amounts made available from Highway Trust Fund and not later
    than 1 year after Nov. 28, 1995, transmit to Congress report on
    results.

                    DISADVANTAGED BUSINESS ENTERPRISES                
      Pub. L. 109-59, title I, Sec. 1101(b), Aug. 10, 2005, 119 Stat.
    1156, provided that:
      "(1) Definitions. - In this subsection, the following definitions
    apply:
        "(A) Small business concern. - The term 'small business
      concern' has the meaning that term has under section 3 of the
      Small Business Act (15 U.S.C. 632), except that the term shall
      not include any concern or group of concerns controlled by the
      same socially and economically disadvantaged individual or
      individuals which has average annual gross receipts over the
      preceding 3 fiscal years in excess of $19,570,000, as adjusted
      annually by the Secretary [of Transportation] for inflation.
        "(B) Socially and economically disadvantaged individuals. - The
      term 'socially and economically disadvantaged individuals' has
      the meaning that term has under section 8(d) of the Small
      Business Act (15 U.S.C. 637(d)) and relevant subcontracting
      regulations issued pursuant to that Act [15 U.S.C. 631 et seq.],
      except that women shall be presumed to be socially and
      economically disadvantaged individuals for purposes of this
      subsection.
      "(2) General rule. - Except to the extent that the Secretary
    determines otherwise, not less than 10 percent of the amounts made
    available for any program under titles I, III, and V of this Act
    [see Tables for classification] and section 403 of title 23, United
    States Code, shall be expended through small business concerns
    owned and controlled by socially and economically disadvantaged
    individuals.
      "(3) Annual listing of disadvantaged business enterprises. - Each
    State shall annually - 
        "(A) survey and compile a list of the small business concerns
      referred to in paragraph (1) and the location of the concerns in
      the State; and
        "(B) notify the Secretary, in writing, of the percentage of the
      concerns that are controlled by women, by socially and
      economically disadvantaged individuals (other than women), and by
      individuals who are women and are otherwise socially and
      economically disadvantaged individuals.
      "(4) Uniform certification. - The Secretary shall establish
    minimum uniform criteria for State governments to use in certifying
    whether a concern qualifies for purposes of this subsection. The
    minimum uniform criteria shall include, but not be limited to, on-
    site visits, personal interviews, licenses, analysis of stock
    ownership, listing of equipment, analysis of bonding capacity,
    listing of work completed, resume of principal owners, financial
    capacity, and type of work preferred.
      "(5) Compliance with court orders. - Nothing in this subsection
    limits the eligibility of an entity or person to receive funds made
    available under titles I, III, and V of this Act [see Tables for
    classification] and section 403 of title 23, United States Code, if
    the entity or person is prevented, in whole or in part, from
    complying with paragraph (1) because a Federal court issues a final
    order in which the court finds that the requirement of paragraph
    (1), or the program established under paragraph (1), is
    unconstitutional."
      Similar provisions were contained in the following prior acts:
      Pub. L. 105-178, title I, Sec. 1101(b), June 9, 1998, 112 Stat.
    113.
      Pub. L. 102-240, title I, Sec. 1003(b), Dec. 18, 1991, 105 Stat.
    1919.
      Pub. L. 100-17, title I, Sec. 106(c), Apr. 2, 1987, 101 Stat.
    145.
      Pub. L. 109-14, Sec. 7(s), May 31, 2005, 119 Stat. 334, provided
    that: "Amounts made available under the amendments made by this
    section [amending sections 5307, 5309, and 5338 of Title 49,
    Transportation, and provisions set out as notes under section 322
    of this title and sections 5307, 5309, 5310, and 5338 of Title 49]
    shall be treated for purposes of section 1101(b) of the
    Transportation Equity Act for the 21st Century [Pub. L. 105-178]
    (23 U.S.C. 101 note) as amounts made available for programs under
    title III of such Act [see Tables for classification]."
      Similar provisions were contained in the following prior acts:
      Pub. L. 108-310, Sec. 8(t), Sept. 30, 2004, 118 Stat. 1158.
      Pub. L. 108-88, Sec. 8(t), Sept. 30, 2003, 117 Stat. 1126, as
    amended by Pub. L. 108-202, Sec. 9(t), Feb. 29, 2004, 118 Stat.
    489; Pub. L. 108-224, Sec. 7(t), Apr. 30, 2004, 118 Stat. 637; Pub.
    L. 108-263, Sec. 7(t), June 30, 2004, 118 Stat. 708; Pub. L. 108-
    280, Sec. 7(t), July 30, 2004, 118 Stat. 885.

                     HIGHWAY USE TAX EVASION PROJECTS                 
      Pub. L. 102-240, title I, Sec. 1040, Dec. 18, 1991, 105 Stat.
    1992, as amended by Pub. L. 104-59, title III, Sec. 325(f), Nov.
    28, 1995, 109 Stat. 592; Pub. L. 104-66, title I, Sec. 1122(b),
    Dec. 21, 1995, 109 Stat. 725; Pub. L. 105-130, Sec. 5(c)(1), Dec.
    1, 1997, 111 Stat. 2557, related to highway use tax evasion
    projects, prior to repeal by Pub. L. 105-178, title I, Sec.
    1114(b)(2), June 9, 1998, 112 Stat. 154. See section 143 of this
    title.

                           SCENIC BYWAYS PROGRAM                       
      Section 1047 of Pub. L. 102-240, as amended by Pub. L. 105-130,
    Sec. 5(c)(2), Dec. 1, 1997, 111 Stat. 2557, provided that:
      "(a) Scenic Byways Advisory Committee. - 
        "(1) Establishment. - Not later than 180 days after the date of
      the enactment of this Act [Dec. 18, 1991], the Secretary shall
      establish in the Department of Transportation an advisory
      committee to assist the Secretary with respect to establishment
      of a national scenic byways program under title 23, United States
      Code.
        "(2) Membership. - The advisory committee established under
      this section shall be composed of 17 members as follows:
          "(A) The Administrator of the Federal Highway Administration
        or the designee of the Administrator who shall serve as
        chairman of the advisory committee.
          "(B) The Chief of the Forest Service of the Department of
        Agriculture or the designee of the Chief.
          "(C) The Director of the National Park Service of the
        Department of the Interior or the designee of the Director.
          "(D) The Director of the Bureau of Land Management of the
        Department of the Interior or the designee of the Director.
          "(E) The Under Secretary for Travel and Tourism of the
        Department of Commerce or the designee of the Under Secretary.
          "(F) The Assistant Secretary for Indian Affairs of the
        Department of the Interior or the designee of the Assistant
        Secretary.
          "(G) 1 individual appointed by the Secretary who is specially
        qualified to represent the interests of conservationists on the
        advisory committee.
          "(H) 1 individual appointed by the Secretary of
        Transportation who is specially qualified to represent the
        interests of recreational users of scenic byways on the
        advisory committee.
          "(I) 1 individual appointed by the Secretary who is specially
        qualified to represent the interests of the tourism industry on
        the advisory committee.
          "(J) 1 individual appointed by the Secretary who is specially
        qualified to represent the interests of historic
        preservationists on the advisory committee.
          "(K) 1 individual appointed by the Secretary who is specially
        qualified to represent the interests of highway users on the
        advisory committee.
          "(L) 1 individual appointed by the Secretary to represent
        State highway and transportation officials.
          "(M) 1 individual appointed by the Secretary to represent
        local highway and transportation officials.
          "(N) 1 individual appointed by the Secretary who is specially
        qualified to serve on the advisory committee as a planner.
          "(O) 1 individual appointed by the Secretary who is specially
        qualified to represent the motoring public.
          "(P) 1 individual appointed by the Secretary who is specially
        qualified to represent groups interested in scenic
        preservation.
          "(Q) 1 individual appointed by the Secretary who represents
        the outdoor advertising industry.
      Individuals appointed as members of the advisory committee under
      subparagraphs (G) through (P) may be State and local government
      officials. Members shall serve without compensation other than
      for reasonable expenses incident to functions of the advisory
      committee.
        "(3) Functions. - The advisory committee established under this
      subsection shall develop and make to the Secretary
      recommendations regarding minimum criteria for use by State and
      Federal agencies in designating highways as scenic byways and as
      all-American roads for purposes of a national scenic byways
      program to be established under title 23, United States Code.
      Such recommendations shall include recommendations on the
      following:
          "(A) Consideration of the scenic beauty and historic
        significance of highways proposed for designation as scenic
        byways and all-American roads and the areas surrounding such
        highways.
          "(B) Operation and management standards for highways
        designated as scenic byways and all-American roads, including
        strategies for maintaining or improving the qualities for which
        a highway is designated as a scenic byway or all-American road,
        for protecting and enhancing the landscape and view corridors
        surrounding such a highway, and for minimizing traffic
        congestion on such a highway.
          "(C)(i) Standards for scenic byway-related signs, including
        those which identify highways as scenic byways and all-American
        roads.
          "(ii) The advisability of uniform signs identifying highways
        as components of the scenic byway system.
          "(D) Standards for maintaining highway safety on the scenic
        byway system.
          "(E) Design review procedures for location of highway
        facilities, landscaping, and travelers' facilities on the
        scenic byway system.
          "(F) Procedures for reviewing and terminating the designation
        of a highway designated as a scenic byway.
          "(G) Such other matters as the advisory committee may deem
        appropriate.
          "(H) Such other matters for which the Secretary may request
        recommendations.
        "(4) Report. - Not later than 18 months after the date of the
      enactment of this Act [Dec. 18, 1991], the advisory committee
      established under this section shall submit to the Secretary and
      Congress a report containing the recommendations described in
      paragraph (3).
      "(b) Technical and Financial Assistance. - The Secretary shall
    provide technical assistance to the States (as such term is defined
    under section 101 of title 23, United States Code) and shall make
    grants to the States for the planning, design, and development of
    State scenic byway programs.
      "(c) Federal Share. - The Federal share payable for the costs of
    planning, design, and development of State scenic byway programs
    under this section shall be 80 percent.
      "(d) Funding. - There shall be available to the Secretary for
    carrying out this section (other than subsection (f)), out of the
    Highway Trust Fund (other than the Mass Transit Account),
    $1,000,000 for fiscal year 1992, $3,000,000 for fiscal year 1993,
    $4,000,000 for fiscal year 1994, $14,000,000 for each of the fiscal
    years 1995, 1996, and 1997, and $7,000,000 for the period of
    October 1, 1997, through March 31, 1998. Such sums shall remain
    available until expended.
      "(e) Contract Authority. - Notwithstanding any other provision of
    law, approval by the Secretary of a grant under this section shall
    be deemed a contractual obligation of the United States for payment
    of the Federal share of the cost of activities for which the grant
    is being made.
      "(f) Interim Scenic Byways Program. - 
        "(1) Grant program. - During fiscal years 1992, 1993, and 1994,
      the Secretary may make grants to any State which has a scenic
      highway program for carrying out eligible projects on highways
      which the State has designated as scenic byways.
        "(2) Priority projects. - In making grants under paragraph (1),
      the Secretary shall give priority to - 
          "(A) those eligible projects which are included in a corridor
        management plan for maintaining scenic, historic, recreational,
        cultural, and archeological characteristics of the corridor
        while providing for accommodation of increased tourism and
        development of related amenities;
          "(B) those eligible projects for which a strong local
        commitment is demonstrated for implementing the management
        plans and protecting the characteristics for which the highway
        is likely to be designated as a scenic byway;
          "(C) those eligible projects which are included in programs
        which can serve as models for other States to follow when
        establishing and designing scenic byways on an intrastate or
        interstate basis; and
          "(D) those eligible projects in multi-State corridors where
        the States submit joint applications.
        "(3) Eligible projects. - The following are projects which are
      eligible for Federal assistance under this subsection:
          "(A) Planning, design, and development of State scenic byway
        programs.
          "(B) Making safety improvements to a highway designated as a
        scenic byway under this subsection to the extent such
        improvements are necessary to accommodate increased traffic,
        and changes in the types of vehicles using the highway, due to
        such designation.
          "(C) Construction along the highway of facilities for the use
        of pedestrians and bicyclists, rest areas, turnouts, highway
        shoulder improvements, passing lanes, overlooks, and
        interpretive facilities.
          "(D) Improvements to the highway which will enhance access to
        an area for the purpose of recreation, including water-related
        recreation.
          "(E) Protecting historical and cultural resources in areas
        adjacent to the highway.
          "(F) Developing and providing tourist information to the
        public, including interpretive information about the scenic
        byway.
        "(4) Federal share. - The Federal share payable for the costs
      of carrying out projects and developing programs under this
      subsection with funds made available pursuant to this subsection
      shall be 80 percent.
        "(5) Funding. - There shall be available to the Secretary for
      carrying out this subsection, out of the Highway Trust Fund
      (other than the Mass Transit Account), $10,000,000 for fiscal
      year 1992, $10,000,000 for fiscal year 1993, and $10,000,000 for
      fiscal year 1994. Such sums shall remain available until
      expended.
      "(g) Limitation. - The Secretary shall not make a grant under
    this section for any project which would not protect the scenic,
    historic, recreational, cultural, natural, and archeological
    integrity of the highway and adjacent area. The Secretary may not
    use more than 10 percent of the funds authorized for each fiscal
    year under subsection (f)(5) for removal of any outdoor advertising
    sign, display, or device.
      "(h) Treatment of Scenic Highways in Oregon. - For purposes of
    this section, a highway designated as a scenic highway in the State
    of Oregon shall be treated as a scenic byway."

      COMMEMORATION OF DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND
                             DEFENSE HIGHWAYS
      Section 6012 of Pub. L. 102-240 provided that:
      "(a) Study. - The Secretary shall conduct a study to determine an
    appropriate symbol or emblem to be placed on highway signs
    referring to the Interstate System to commemorate the vision of
    President Dwight D. Eisenhower in creating the Dwight D. Eisenhower
    National System of Interstate and Defense Highways [now Dwight D.
    Eisenhower System of Interstate and Defense Highways].
      "(b) Report. - Not later than 1 year after the date of the
    enactment of this Act [Dec. 18, 1991], the Secretary shall transmit
    to Congress a report on the results of the study under this
    section."

     DESIGNATION OF NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS
       AS THE DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND DEFENSE
                                 HIGHWAYS
      Pub. L. 101-427, Oct. 15, 1990, 104 Stat. 927, as amended by Pub.
    L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304; Pub. L. 108-
    178, Sec. 2(b)(3), Dec. 15, 2003, 117 Stat. 2640, provided: "That -
     
        "(a) notwithstanding any other provision of law, The National
      System of Interstate and Defense Highways shall be redesignated
      as 'The Dwight D. Eisenhower System of Interstate and Defense
      Highways'; and
        "(b) any reference before the date of enactment of this Act
      [Oct. 15, 1990] in any provision of law, regulation, map, sign,
      or otherwise to The National System of Interstate and Defense
      Highways shall be deemed to refer, on and after such date, to The
      Dwight D. Eisenhower System of Interstate and Defense Highways."

                     SIGNS IDENTIFYING FUNDING SOURCES                 
      Pub. L. 100-17, title I, Sec. 154, Apr. 2, 1987, 101 Stat. 209,
    which related to erection of signs indicating sources of funding on
    projects under construction with funds from the Highway Trust Fund,
    was repealed and restated in section 321 of this title by Pub. L.
    109-59, title I, Sec. 1901(a), (c), Aug. 10, 2005, 119 Stat. 1464.

      ELIGIBILITY FOR FEDERAL-AID HIGHWAY FUNDS OF PROJECTS INVOLVING
       IMPROVEMENTS IN VICINITY OF INTERCHANGES NECESSARY TO UPGRADE
     SAFETY OF PRIMARY ROUTES NOT ON COMMON ALIGNMENT WITH INTERSTATE
                                   ROUTE
      Section 128 of Pub. L. 97-424 provided that: "In any case where a
    project involving a Federal-aid primary route not on the Interstate
    System, and a route on the Interstate System which was originally
    constructed without the expenditure of any funds authorized under
    section 108(b) of the Federal-Aid Highway Act of 1956, as amended
    [set out as a note below], and was subsequently added to the
    Interstate System, both occupying a common alignment and having
    elements which have been approved in concept by the Secretary of
    Transportation as part of a project providing for the upgrading of
    an interchange on such Interstate route, the cost of improvements
    in the vicinity of the interchange necessary to upgrade the safety
    of that part of such Federal-aid primary route not on a common
    alignment with such Interstate route in an environmentally
    acceptable manner shall be eligible for the expenditure of funds
    authorized by such section 108(b)."

    STUDY OF FUTURE TRANSPORTATION PROFESSIONAL MANPOWER NEEDS; REPORT
      Section 135 of Pub. L. 97-424 provided that: "The Secretary of
    Transportation shall undertake to enter into appropriate
    arrangements with the National Academy of Sciences' Transportation
    Research Board to conduct a comprehensive study and investigation
    of future transportation professional manpower needs, including but
    not limited to prevailing methods of recruitment, training, and
    financial and other incentives and disincentives which encourage or
    discourage retention in service of such professional manpower by
    Federal, State, and local governments. In entering into any
    arrangement with the National Academy of Sciences for conducting
    such study and investigation, the Secretary shall request the
    National Academy of Sciences to report to the Secretary and the
    Congress not later than two years after the enactment of this Act
    [Jan. 6, 1983] on the results of such study and investigation,
    together with its recommendations. The Secretary shall furnish to
    the Academy at its request any information which the Academy deems
    necessary for the purpose of conducting the study and investigation
    authorized by this section."

                 CHANGE IN LOCATION OF INTERSTATE SEGMENTS             
      Section 139 of Pub. L. 97-424, as amended by Pub. L. 100-457,
    title III, Sec. 348, Sept. 30, 1988, 102 Stat. 2156, provided that:
      "(a) Notwithstanding the provisions of section 4(b) of the
    Federal-Aid Highway Act of 1981 [section 4(b) of Pub. L. 97-134,
    which amended section 108(b) of the Federal-Aid Highway Act of
    1956, set out as a note under this section] the Secretary of
    Transportation may approve a change in location of any Interstate
    route or segment and approve, in lieu thereof, the construction of
    such Interstate route or segment on a new location if the original
    location of such route or segment meets the following criteria: (1)
    it has been designated under section 103(e) of title 23, United
    States Code; (2) it is serving Interstate travel as of the date of
    enactment of this section [Jan. 6, 1983]; (3) it requires
    improvements which are eligible under the Federal-Aid Highway Act
    of 1981 [see Short Title of 1981 Amendments note above] and which
    would either involve major modifications in order to meet
    acceptable standards or result in severe environmental impacts and
    such major modifications or mitigation measures relating to the
    environmental impacts are not cost effective. The cost of the
    construction of such Interstate route or segment on new location
    with funds available under section 108(b) of the Federal-Aid
    Highway Act of 1956, as amended [set out as a note below], shall
    not exceed the estimated cost of the eligible improvements on the
    original location as eligible under the Federal-Aid Highway Act of
    1981 and included in the 1983 interstate cost estimate as approved
    by the Congress. Such cost shall be increased or decreased, as
    determined by the Secretary, based on changes in construction costs
    of the original location of the route or segment as of the date of
    approval of each project on the new location. Upon approval of a
    new location, and funds apportioned under section 104(b)(5)(A) of
    title 23, United States Code, which were expended on the route or
    segment in the original location shall be refunded to the Highway
    Trust Fund and credited to the unobligated balance of the State's
    apportionment made under section 104(b)(5)(A) of title 23, United
    States Code, and other eligible Federal-aid highway funds may be
    substituted in lieu thereof at the appropriate Federal share.
      "(b) Where the Secretary of Transportation approves a relocation
    of an Interstate route or segment under the provisions of
    subsection (a) of this section, such route or segment shall not be
    eligible for withdrawal under the provisions of section 103(e)(4)
    of title 23, United States Code, and shall be subject to the
    Interstate System completion deadlines provided in subsections (d)
    and (e) of section 107 of the Surface Transportation Assistance Act
    of 1978 [section 107(d), (e) of Pub. L. 95-599, set out as a note
    under section 103 of this title] or subject to Interstate System
    completion deadlines as may be determined by Congress.
      "(c) Notwithstanding any other provision of this section or of
    any other provision of law, any project involving the relocation of
    any Interstate route or segment that is approved by the Secretary
    of Transportation under subsection (a) shall be eligible for
    discretionary funds made available under section 118(b)(2)(B) of
    title 23, United States Code."

                                BUY AMERICA                            
      Pub. L. 97-424, title I, Sec. 165, Jan. 6, 1983, 96 Stat. 2136,
    as amended by Pub. L. 98-229, Sec. 10, Mar. 9, 1984, 98 Stat. 57;
    Pub. L. 100-17, title I, Secs. 133(a)(6), 337(a)(1), (b), (c), Apr.
    2, 1987, 101 Stat. 171, 241; Pub. L. 102-240, title I, Sec. 1048,
    title III, Sec. 3003(b), Dec. 18, 1991, 105 Stat. 1999, 2088; Pub.
    L. 103-272, Sec. 4(r), July 5, 1994, 108 Stat. 1371; Pub. L. 103-
    429, Sec. 7(a)(3)(E), Oct. 31, 1994, 108 Stat. 4389, which
    prohibited obligation of funds unless steel, iron, and manufactured
    products used in the project had been produced in the United
    States, was repealed and restated in section 313 of this title by
    Pub. L. 109-59, title I, Sec. 1903(a), (d), Aug. 10, 2005, 119
    Stat. 1464, 1465.

          USE OF ARTICLES MINED OR MANUFACTURED IN UNITED STATES      
      Pub. L. 95-599, title IV, Sec. 401, Nov. 6, 1978, 92 Stat. 2756,
    as amended by Pub. L. 97-327, Sec. 6, Oct. 15, 1982, 96 Stat. 1613,
    which required that articles, materials, and supplies used in
    projects administered by Department of Transportation be mined or
    produced in United States, was repealed by Pub. L. 97-424, title I,
    Sec. 165(e), Jan. 6, 1983, 96 Stat. 2137.

    INTERCITY PORTIONS OF INTERSTATE SYSTEM; CONSTRUCTION OF PROJECTS;
                       REPORT TO CONGRESS; EXEMPTION
      Section 102(b) of Pub. L. 94-280 provided that at least 30
    percent of the apportionment made to each State for each of the
    fiscal years ending Sept. 30, 1978, and Sept. 30, 1979, of the sums
    authorized in section 102(a) of Pub. L. 94-280 be expended by such
    State for projects for the construction of intercity portions which
    would close essential gaps in the Interstate System and provide a
    continuous System; that the Secretary of Transportation report to
    Congress before Oct. 1, 1976, on those intercity portions of the
    Interstate System the construction of which would be needed to
    close essential gaps in the System; and that a State which did not
    have sufficient projects to meet the 30 percent requirement would,
    upon approval of the Secretary of Transportation, be exempt from
    the requirement to the extent of such inability.

         INTERSTATE SYSTEM; PROHIBITION OF OBLIGATION OF FUNDS FOR
           RESURFACING, RESTORATION, OR REHABILITATION PROJECTS
      Section 102(c) of Pub. L. 94-280 provided that no part of the
    funds authorized by section 108(b) of the Federal-Aid Highway Act
    of 1956, as amended [set out as a note below], for the Interstate
    System, shall be obligated for any project for resurfacing,
    restoring, or rehabilitating any portion of the Interstate System.

     INTERSTATE FUNDING STUDY; REPORT AND RECOMMENDATIONS TO CONGRESS 
      Section 150 of Pub. L. 94-280 directed Secretary of
    Transportation to undertake a complete study of the financing of
    completion of the Interstate Highway System and report to Congress
    within nine months the results of the study, and to submit to
    Congress within one year his recommendations regarding the need to
    provide Federal financial assistance for resurfacing, restoration,
    and rehabilitation of routes of the System together with results of
    a study of alternative means of assuring that the high level of
    transportation service provided by the System is maintained.

    STUDY OF HIGHWAY NEEDS TO SOLVE ENERGY PROBLEMS; INVESTIGATION AND
                         STUDY; REPORT TO CONGRESS
      Section 153 of Pub. L. 94-280 directed Secretary of
    Transportation to make an investigation and study for the purpose
    of determining the need for special Federal assistance in the
    construction or reconstruction of highways on the Federal-aid
    system necessary for the transportation of coal or other uses in
    order to promote the solution of the Nation's energy problems; that
    such study include appropriate consultations with the Secretary of
    the Interior, the Administrator of the Federal Energy
    Administration, and other appropriate Federal and State officials;
    that the Secretary report the results of such investigation and
    study together with his recommendations, to the Congress not later
    than one year after May 5, 1976; and that, in order to carry out
    the study, the Secretary use such funds as were available to him
    for such purposes under section 104(a) of this title.

      NATIONAL TRANSPORTATION POLICY STUDY COMMISSION; ESTABLISHMENT;
                             TERMINATION; ETC.
      Section 154 of Pub. L. 94-280, as amended by Pub. L. 95-599,
    title I, Sec. 137(a), (b)(1), Nov. 6, 1978, 92 Stat. 2710,
    established National Transportation Policy Study Commission;
    directed Commission, not later than July 1, 1979, to make an
    investigation and study and report to the President and Congress on
    the transportation needs and the resources, requirements, and
    policies of the United States to meet such expected needs; and
    provided for the Commission to terminate six months after the
    report.

            CONSENT OF GOVERNING BODY FOR EXPENDITURE OF FUNDS        
      Section 102(d) of Pub. L. 93-643 provided that no funds
    appropriated under the expanded definition of this section [23
    U.S.C. 101(a)] shall be expended without the formal consent of the
    governing body of the tribe band or group of Indians or Alaskan
    Natives for whose use the Indian reservation roads and bridges are
    intended."

       CARPOOL DEMONSTRATION PROJECTS IN URBAN AREAS; APPROPRIATIONS
                               AUTHORIZATION
      Section 120(b) of Pub. L. 93-643, relating to grants for
    demonstration projects designed to encourage the use of carpools in
    urban areas, was repealed by Pub. L. 95-599, title I, Sec. 126(b),
    Nov. 6, 1978, 92 Stat. 2706. See section 146 of this title.

                   EMERGENCY HIGHWAY ENERGY CONSERVATION               
      Pub. L. 93-239, Secs. 1-3, Jan. 2, 1974, 87 Stat. 1046, 1047, as
    amended by Pub. L. 93-643, Secs. 114(c), 120(a), Jan. 4, 1975, 83
    Stat. 2286, 2289; Pub. L. 94-280, title I, Sec. 143, May 5, 1976,
    90 Stat. 445; Pub. L. 95-599, title I, Sec. 126(b), Nov. 6, 1978,
    92 Stat. 2706, provided:
      "[Section 1. Short title]. That this Act be cited as the
    'Emergency Highway Energy Conservation Act'.
      "Sec. 2. [Repealed. Pub. L. 93-643, Sec. 114(c), Jan. 4, 1975, 88
    Stat. 2086.]
      "Sec. 3. [Repealed. Pub. L. 95-599, title I, Sec. 126(b), Nov. 6,
    1978, 92 Stat. 2706.]"
      Section 4 of Pub. L. 93-239 amended section 601(d) of Federal
    Aviation Act of 1958, as amended [section 1421(d) of former Title
    49, Transportation], relating to emergency locator transmitters.

                 FUTURE HIGHWAY NEEDS: REPORTS TO CONGRESS             
      Section 121 of Pub. L. 91-605 provided that:
      "(a) The Secretary of Transportation shall develop and include in
    the report of Congress required to be submitted in January 1972, by
    section 3 of the Act of August 28, 1965 (79 Stat. 578; Public Law
    89-139) [set out below], specific recommendations for the
    functional realinement of the Federal-aid systems. These
    recommendations shall be based on the functional classification
    study made in cooperation with the State highway departments and
    local governments as required by the Federal-Aid Highway Act of
    1968 [see section 17 of Pub. L. 90-495, set out as a note below]
    and submitted to the Congress in 1970, and the functional
    classification study now underway of the Federal-aid systems in
    1990.
      "(b) As a part of the future highway needs report to be submitted
    to Congress in January 1972, the Secretary shall also make
    recommendations to the Congress for a continuing Federal-aid
    highway program for the period 1976 to 1990. The needs estimates to
    be used in developing such programs shall be in conformance with
    the functional classification studies referred to in subsection (a)
    of this section and the recommendations for the functional
    realinement required by such subsection.
      "(c) The recommendations required by subsections (a) and (b) of
    this section shall be determined on the basis of studies now being
    conducted by the Secretary in cooperation with the State highway
    departments and local governments, and, in urban areas of more than
    fifty thousand population, utilizing the cooperative continuing
    comprehensive transportation planning process conducted in
    accordance with section 134 of title 23, United States Code. The
    highway needs estimates prepared by the States in connection with
    this report to Congress shall be submitted to Congress by the
    Secretary, together with his recommendations.
      "(d) As a part of the future highway needs report to be submitted
    to Congress on January 1972, the Secretary shall report to Congress
    the Federal-aid urban system as designated, and the cost of its
    construction."
      Pub. L. 89-139, Sec. 3, Aug. 28, 1965, 79 Stat. 578, which had
    required the submitting of a report to Congress every second year
    as to the estimates of the future highway needs of the Nation, and
    Pub. L. 90-495, Sec. 17, Aug. 23, 1968, 82 Stat. 823, which had
    required that the report include the results of a systematic
    nationwide functional highway classification study, were repealed
    by Pub. L. 97-424, title I, Sec. 160(b), Jan. 6, 1983, 96 Stat.
    2135.

    STUDIES OF NEED FOR AND SURVEY OF HIGHWAY CONSTRUCTION PROGRAMS FOR
               GUAM, AMERICAN SAMOA, AND THE VIRGIN ISLANDS
      Pub. L. 90-495, Sec. 29, Aug. 23, 1968, 82 Stat. 830, directed
    the Secretary of Transportation, in cooperation with the government
    of Guam, the government of American Samoa, and the government of
    the Virgin Islands, to make studies of the need for, and estimates
    and planning surveys relative to, highway construction programs for
    Guam, American Samoa, and the Virgin Islands, and to submit a
    report to Congress on or before April 1, 1969.
      Pub. L. 89-574, Sec. 13, Sept. 13, 1966, 80 Stat. 770, as amended
    by Pub. L. 97-449, Sec. 2(a), Jan. 2, 1983, 96 Stat. 2439, directed
    the Secretary, in cooperation with the government of Guam, the
    government of American Samoa, and the government of the Virgin
    Islands to make studies of the need for, and estimates and planning
    surveys relative to, highway construction programs for Guam,
    American Samoa, and the Virgin Islands, and to submit a report to
    Congress on or before July 1, 1967.

            REPORT AND RECOMMENDATIONS OF SECRETARY OF COMMERCE        
      Section 5 of Pub. L. 85-767 directed Secretary of Commerce to
    submit to Congress not later than Feb. 1, 1959, a report on
    progress made in attaining objectives set forth in this section,
    together with recommendations.

           SECTION 108(B) OF THE FEDERAL-AID HIGHWAY ACT OF 1956       
      Section 108(b) of act June 29, 1956, ch. 462, title I, 70 Stat.
    378, as amended by Pub. L. 85-381, Sec. 7(a), Apr. 16, 1958, 72
    Stat. 93; Pub. L. 86-342, title I, Sec. 102, Sept. 21, 1959, 73
    Stat. 611; Pub. L. 87-61, title I Sec. 103, June 29, 1961, 75 Stat.
    122; Pub. L. 89-139, Sec. 1, Aug. 28, 1965, 79 Stat. 578; Pub. L.
    89-574, Sec. 2, Sept. 13, 1966, 80 Stat. 766; Pub. L. 90-495, Sec.
    2, Aug. 23, 1968, 82 Stat. 815; Pub. L. 91-605 title I, Secs. 102,
    106(b)(1), Dec. 31, 1970, 84 Stat. 1714, 1716; Pub. L. 93-87, title
    I, Sec. 102, Aug. 13, 1973, 87 Stat. 250; Pub. L. 94-280, title I,
    Sec. 102(a), May 5, 1976, 90 Stat. 425; Pub. L. 95-599, title I,
    Sec. 102, Nov. 6, 1978, 92 Stat. 2689; Pub. L. 97-134, Sec. 4(a),
    (b), Dec. 29, 1981, 95 Stat. 1700; Pub. L. 97-327, Sec. 2, Oct. 15,
    1982, 96 Stat. 1611; Pub. L. 97-424, title I, Secs. 102, 127(a),
    Jan. 6, 1983, 96 Stat. 2097, 2117; Pub. L. 100-17, title I, Secs.
    104, 138, Apr. 2, 1987, 101 Stat. 142, 175; Pub. L. 102-240, title
    I, Sec. 1001(f), Dec. 18, 1991, 105 Stat. 1916; Pub. L. 103-331,
    title III, Sec. 335(c), Sept. 30, 1994, 108 Stat. 2494, provided
    that: "For the purpose of expediting the construction,
    reconstruction, or improvement, inclusive of necessary bridges and
    tunnels, of the Interstate System, including extensions thereof
    through urban areas, designated in accordance with the provisions
    of subsection (e) of section 103 of title 23, United States Code,
    there is hereby authorized to be appropriated the additional sum of
    $1,000,000,000 for the fiscal year ending June 30, 1957, which sum
    shall be in addition to the authorization heretofore made for that
    year, the additional sum of $1,700,000,000 for the fiscal year
    ending June 30, 1958, the additional sum of $2,200,000,000 for the
    fiscal year ending June 30, 1959, the additional sum of
    $2,500,000,000 for the fiscal year ending June 30, 1960, the
    additional sum of $1,800,000,000 for the fiscal year ending June
    30, 1961, the additional sum of $2,200,000,000 for the fiscal year
    ending June 30, 1962, the additional sum of $2,400,000,000 for the
    fiscal year ending June 30, 1963, the additional sum of
    $2,600,000,000 for the fiscal year ending June 30, 1964, the
    additional sum of $2,700,000,000 for the fiscal year ending June
    30, 1965, the additional sum of $2,800,000,000 for the fiscal year
    ending June 30, 1966, the additional sum of $3,000,000,000 for the
    fiscal year ending June 30, 1967, the additional sum of
    $3,400,000,000 for the fiscal year ending June 30, 1968, the
    additional sum of $3,800,000,000 for the fiscal year ending June
    30, 1969, the additional sum of $4,000,000,000 for the fiscal year
    ending June 30, 1970, the additional sum of $4,000,000,000 for the
    fiscal year ending June 30, 1971, the additional sum of
    $4,000,000,000 for the fiscal year ending June 30, 1972, the
    additional sum of $4,000,000,000 for the fiscal year ending June
    30, 1973, the additional sum of $2,600,000,000 for the fiscal year
    ending June 30, 1974, the additional sum of $3,000,000,000 for the
    fiscal year ending June 30, 1975, the additional sum of
    $3,000,000,000 for the fiscal year ending June 30, 1976, the
    additional sum of $3,250,000,000 for the fiscal year ending June
    30, 1977, the additional sum of $3,250,000,000 for the fiscal year
    ending September 30, 1978, the additional sum of $3,250,000,000 for
    the fiscal year ending September 30, 1979, the additional sum of
    $3,250,000,000 for the fiscal year ending September 30, 1980, the
    additional sum of $3,500,000,000 for the fiscal year ending
    September 30, 1981, the additional sum of $3,500,000,000 for the
    fiscal year ending September 30, 1982, the additional sum of
    $3,100,000,000 for the fiscal year ending September 30, 1983, the
    additional sum of $4,000,000,000 for the fiscal year ending
    September 30, 1984, the additional sum of $4,000,000,000 for the
    fiscal year ending September 30, 1985, the additional sum of
    $4,000,000,000 for the fiscal year ending September 30, 1986, the
    additional sum of $4,000,000,000 for the fiscal year ending
    September 30, 1987, the additional sum of $3,000,000,000 for the
    fiscal year ending September 30, 1988, the additional sum of
    $3,150,000,000 for the fiscal year ending September 30, 1989, the
    additional sum of $3,150,000,000 for the fiscal year ending
    September 30, 1990, the additional sum of $3,150,000,000 for the
    fiscal year ending September 30, 1991, the additional sum of
    $3,150,000,000 for the fiscal year ending September 30, 1992, the
    additional sum of $1,800,000,000 for the fiscal year ending
    September 30, 1993, the additional sum of $1,800,000,000 for the
    fiscal year ending September 30, 1994, the additional sum of
    $1,800,000,000 for the fiscal year ending September 30, 1995, and
    the additional sum of $1,800,000,000, reduced by the amount made
    available under section 1045(b)(1)(B) of the Intermodal Surface
    Transportation Efficiency Act of 1991 [Pub. L. 102-240, as amended
    by Pub. L. 103-331, title III, Sec. 335(a), Sept. 30, 1994, 108
    Stat. 2494, which is not classified to the Code], for the fiscal
    year ending September 30, 1996. Nothing in this subsection shall be
    construed to authorize the appropriation of any sums to carry out
    sections 131, 136, or 319(b) of title 23, United States Code, or
    any provision of law relating to highway safety enacted after May
    1, 1966. Beginning with funds authorized to be appropriated for
    fiscal year 1980, no such funds shall be available for projects to
    expand or clear zones immediately adjacent to the paved roadway of
    routes designed prior to February, 1967. Effective on and after the
    date of enactment of this sentence [Dec. 29, 1981], the obligation
    of funds authorized by this subsection, except for advance
    construction interstate projects approved before the date of
    enactment of this sentence, shall be limited to the construction
    necessary to provide a minimum level of acceptable service on the
    Interstate System which shall consist of (1) full access control;
    (2) a pavement design to accommodate the types and volumes of
    traffic anticipated for the twenty-year period from date of
    authorization of the initial basic construction contract; (3)
    essential environmental requirements; (4) a design of not more than
    six lanes (exclusive of high occupancy vehicle lanes) in rural
    areas and all urbanized areas under four hundred thousand
    population, and up to eight lanes (exclusive of high occupancy
    vehicle lanes) in urbanized areas of four hundred thousand
    population or more as shown in the 1980 Federal census; and (5)
    those high occupancy vehicle lanes (including approaches and all
    directly related facilities) included in the interstate cost
    estimate for fiscal year 1981. The obligation of funds authorized
    by this subsection shall be further limited to the actual costs of
    only those design concepts, locations, geometrics, and other
    construction features included in the 1981 interstate cost
    estimate, except in any case where the Secretary of Transportation
    determines that a provision of Federal law requires a different
    design, location, geometric, or other construction feature of a
    type authorized by this subsection. Notwithstanding any other
    provision of law, including any other provision of this subsection,
    where a project is to be constructed (1) to provide parking garage
    ramps in conjunction with high occupancy vehicle lanes which flow
    into a distributor system emptying directly into ramps for off-
    street parking with preferential parking for carpools, vanpools,
    and buses and the ramps are part of an environmental mitigation
    effort and are designed to feed into an aerial walkway system, or
    (2) to provide a parking lot near the terminus of an Interstate
    System spur route which radiates from an Interstate System beltway
    which will be used as an intermodal transfer facility for a light
    rail transit project to be constructed in the median of the spur
    route and the parking lot is part of an environmental mitigation
    effort, or (3) to provide a parking garage and associated
    facilities as part of an intermodal transfer facility with a
    transit system near or within an Interstate System route right-of-
    way which will have direct and indirect access to the facility by
    way of local streets and the parking garage and associated
    facilities are part of an environmental mitigation effort, or (4)
    to provide for the comprehensive upgrading of existing high
    occupancy vehicle lanes, new ramps and parking facilities at mass
    transit intermodal transfer points on an existing Interstate System
    route which has temporary high occupancy vehicle lanes in the
    median and the parking facilities and ramps are part of an
    environmental mitigation effort, the costs of such parking garage
    ramps, parking lots, parking garages, associated interchange ramps,
    high occupancy vehicle lanes, and other associated work eligible
    under title 23, United States Code, shall be eligible for funds
    authorized by this subsection as if the costs for these projects
    were included in the 1981 interstate cost estimate and shall be
    included as eligible projects in any future interstate cost
    estimate. For purposes of this subsection, construction necessary
    to provide a minimum level of acceptable service on the Interstate
    System shall include, but not be limited to, any construction on
    the Interstate System which is required under a court order issued
    before the date of enactment of this sentence. Notwithstanding the
    fifth sentence of this subsection, the costs of a project which
    will upgrade an interstate route and will complete a gap on the
    Interstate System providing access to an international airport and
    which was described as the preferred alternative in a final
    environmental impact statement submitted to the Secretary of
    Transportation on September 30, 1983, shall be eligible for funds
    authorized by this subsection as if such costs were included in the
    1981 interstate cost estimate and shall be included as eligible
    costs in any future interstate cost estimate, except that (1) such
    costs may be further developed in the design and environmental
    process under normal Federal-aid interstate procedures, and (2) the
    amount of such costs shall not include the portion of the project
    between High Street and Causeway Street."
      Section 127(b) of Pub. L. 97-424 provided that: "Notwithstanding
    the provisions of section 108(b) of the Federal-Aid Highway Act of
    1956, as amended [set out above], the Secretary of Transportation
    may approve the expenditure of funds authorized under such section
    for the construction of a previously approved project which
    provides for improvements to and reconstruction of ramps and
    service roads which are being developed as part of a roadway system
    to relieve a severely congested segment on an Interstate route.
    Such expenditures shall be limited (1) to work necessary to provide
    more effective and safe operation of such Interstate route, and (2)
    to a section of an Interstate route which proceeded to construction
    contract prior to the date of enactment of such Act and which
    Interstate route, together with service roads, was constructed
    without the expenditure of any funds authorized by such section."

-CROSS-
    DEFINITIONS OF "DEPARTMENT", "INTERSTATE SYSTEM", "SECRETARY", AND
                   "STATE" FOR PURPOSES OF CERTAIN ACTS
      Pub. L. 109-59, Sec. 2, Aug. 10, 2005, 119 Stat. 1153, provided
    that: "In this Act [see Tables for classification], the following
    definitions apply:
        "(1) Department. - The term 'Department' means the Department
      of Transportation.
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      Transportation."
      Pub. L. 109-59, title I, Sec. 1120(c), Aug. 10, 2005, 119 Stat.
    1192, provided that: "For the purposes of apportioning funds under
    sections 104, 105, 130, 144, and 206 of title 23, United States
    Code, and section 1404 [set out as a note under section 402 of this
    title], relating to the safe routes to school program, the term
    'State' means any of the 50 States and the District of Columbia."
      Pub. L. 105-178, Sec. 2, June 9, 1998, 112 Stat. 111, provided
    that: "In this Act [see Tables for classification], the following
    definitions apply:
        "(1) Interstate system. - The term 'Interstate System' has the
      meaning such term has under section 101 of title 23, United
      States Code.
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      Transportation."
      Pub. L. 105-178, title I, Sec. 1103(n), June 9, 1998, 112 Stat.
    127, as amended by Pub. L. 105-206, title IX, Sec. 9002(c)(2), July
    22, 1998, 112 Stat. 835, provided that: "For the purposes of
    apportioning funds under sections 104, 105, 144, and 206 of title
    23, United States Code, the term 'State' means any of the 50 States
    and the District of Columbia."
      Section 2 of Pub. L. 104-59 provided that: "In this Act [See
    Short Title of 1995 Amendment note above], the term 'Secretary'
    means the Secretary of Transportation."
      Section 2 of Pub. L. 100-17 provided that: "As used in this Act
    [see Short Title of 1987 Amendment note above], the term
    'Secretary' means the Secretary of Transportation."

-FOOTNOTE-
    (!1) So in original. The word "to" probably should appear.

    (!2) So in original. Probably should be "Defense Highways,".


-End-



-CITE-
    23 USC Sec. 102                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 102. Program efficiencies

-STATUTE-
      (a) Access of Motorcycles. - No State or political subdivision of
    a State may enact or enforce a law that applies only to motorcycles
    and the principal purpose of which is to restrict the access of
    motorcycles to any highway or portion of a highway for which
    Federal-aid highway funds have been utilized for planning, design,
    construction, or maintenance. Nothing in this subsection shall
    affect the authority of a State or political subdivision of a State
    to regulate motorcycles for safety.
      (b) Engineering Cost Reimbursement. - If on-site construction of,
    or acquisition of right-of-way for, a highway project is not
    commenced within 10 years (or such longer period as the State
    requests and the Secretary determines to be reasonable) after the
    date on which Federal funds are first made available, out of the
    Highway Trust Fund (other than Mass Transit Account), for
    preliminary engineering of such project, the State shall pay an
    amount equal to the amount of Federal funds made available for such
    engineering. The Secretary shall deposit in such Fund all amounts
    paid to the Secretary under this section.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 887; Pub. L. 102-240,
    title I, Sec. 1016(a), Dec. 18, 1991, 105 Stat. 1945; Pub. L. 105-
    178, title I, Secs. 1206, 1209, 1212(a)(2)(A)(i), 1304, June 9,
    1998, 112 Stat. 185, 186, 193, 227; Pub. L. 109-59, title I, Sec.
    1121(b)(1), Aug. 10, 2005, 119 Stat. 1195.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-59 redesignated subsecs. (b) and (c) as (a)
    and (b), respectively, and struck out heading and text of former
    subsec. (a). Text read as follows:
      "(1) In general. - A State transportation department shall
    establish the occupancy requirements of vehicles operating in high
    occupancy vehicle lanes; except that no fewer than 2 occupants per
    vehicle may be required and, subject to section 163 of the Surface
    Transportation Assistance Act of 1982, motorcycles and bicycles
    shall not be considered single occupant vehicles.
      "(2) Exception for inherently low-emission vehicles. -
    Notwithstanding paragraph (1), before September 30, 2003, a State
    may permit a vehicle with fewer than 2 occupants to operate in high
    occupancy vehicle lanes if the vehicle is certified as an
    Inherently Low-Emission Vehicle pursuant to title 40, Code of
    Federal Regulations, and is labeled in accordance with, section
    88.312-93(c) of such title. Such permission may be revoked by the
    State should the State determine it necessary."
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1209, designated
    existing provisions as par. (1), inserted heading, realigned
    margins, and added par. (2).
      Subsec. (a)(1). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),
    substituted "State transportation department" for "State highway
    department".
      Subsec. (b). Pub. L. 105-178, Sec. 1206, added subsec. (b).
    Former subsec. (b) redesignated (c).
      Subsec. (c). Pub. L. 105-178, Sec. 1304, which directed insertion
    of "(or such longer period as the State requests and the Secretary
    determines to be reasonable)" after "10 years" in first sentence of
    subsec. (b), was executed by making the insertion in first sentence
    of subsec. (c) to reflect the probable intent of Congress and the
    amendment by Pub. L. 105-178, Sec. 1206. See below.
      Pub. L. 105-178, Sec. 1206, redesignated subsec. (b) as (c).
      1991 - Pub. L. 102-240 substituted section catchline for one
    which read: "Authorizations" and amended text generally. Prior to
    amendment, text read as follows: "The provisions of this title
    apply to all unappropriated authorizations contained in prior Acts,
    and also to all unexpended appropriations, heretofore made,
    providing for the expenditure of Federal funds upon the Federal-aid
    systems. All such authorizations and appropriations shall continue
    in full force and effect, but hereafter obligations entered into
    and expenditures made pursuant thereto shall be subject to the
    provisions of this title."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

-End-



-CITE-
    23 USC Sec. 103                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 103. Federal-aid systems

-STATUTE-
      (a) In General. - For the purposes of this title, the Federal-aid
    systems are the Interstate System and the National Highway System.
      (b) National Highway System. - 
        (1) Description. - The National Highway System consists of the
      highway routes and connections to transportation facilities
      depicted on the map submitted by the Secretary to Congress with
      the report entitled "Pulling Together: The National Highway
      System and its Connections to Major Intermodal Terminals" and
      dated May 24, 1996. The system shall - 
          (A) serve major population centers, international border
        crossings, ports, airports, public transportation facilities,
        and other intermodal transportation facilities and other major
        travel destinations;
          (B) meet national defense requirements; and
          (C) serve interstate and interregional travel.

        (2) Components. - The National Highway System described in
      paragraph (1) consists of the following:
          (A) The Interstate System described in subsection (c).
          (B) Other urban and rural principal arterial routes.
          (C) Other connector highways (including toll facilities) that
        provide motor vehicle access between arterial routes on the
        National Highway System and a major intermodal transportation
        facility.
          (D) A strategic highway network consisting of a network of
        highways that are important to the United States strategic
        defense policy and that provide defense access, continuity, and
        emergency capabilities for the movement of personnel,
        materials, and equipment in both peacetime and wartime. The
        highways may be highways on or off the Interstate System and
        shall be designated by the Secretary in consultation with
        appropriate Federal agencies and the States.
          (E) Major strategic highway network connectors consisting of
        highways that provide motor vehicle access between major
        military installations and highways that are part of the
        strategic highway network. The highways shall be designated by
        the Secretary in consultation with appropriate Federal agencies
        and the States.

        (3) Maximum mileage. - The mileage of highways on the National
      Highway System shall not exceed 178,250 miles.
        (4) Modifications to nhs. - 
          (A) In general. - The Secretary may make any modification,
        including any modification consisting of a connector to a major
        intermodal terminal, to the National Highway System that is
        proposed by a State or that is proposed by a State and revised
        by the Secretary if the Secretary determines that the
        modification - 
            (i) meets the criteria established for the National Highway
          System under this title; and
            (ii) enhances the national transportation characteristics
          of the National Highway System.

          (B) Cooperation. - 
            (i) In general. - In proposing a modification under this
          paragraph, a State shall cooperate with local and regional
          officials.
            (ii) Urbanized areas. - In an urbanized area, the local
          officials shall act through the metropolitan planning
          organization designated for the area under section 134.

        (5) Congressional high priority corridors. - Upon the
      completion of feasibility studies, the Secretary shall add to the
      National Highway System any congressional high priority corridor
      or any segment of such a corridor established by section 1105 of
      the Intermodal Surface Transportation Efficiency Act of 1991 (105
      Stat. 2031 et seq.) that was not identified on the National
      Highway System described in paragraph (1).
        (6) State eligible projects for nhs. - Subject to approval by
      the Secretary, funds apportioned to a State under section
      104(b)(1) for the National Highway System may be obligated for
      any of the following:
          (A) Construction, reconstruction, resurfacing, restoration,
        and rehabilitation of segments of the National Highway System.
          (B) Operational improvements for segments of the National
        Highway System.
          (C) Construction of, and operational improvements for, a
        Federal-aid highway not on the National Highway System, and
        construction of a transit project eligible for assistance under
        chapter 53 of title 49, if - 
            (i) the highway or transit project is in the same corridor
          as, and in proximity to, a fully access-controlled highway
          designated as a part of the National Highway System;
            (ii) the construction or improvements will improve the
          level of service on the fully access-controlled highway
          described in clause (i) and improve regional traffic flow;
          and
            (iii) the construction or improvements are more cost-
          effective than an improvement to the fully access-controlled
          highway described in clause (i).

          (D) Highway safety improvements for segments of the National
        Highway System.
          (E) Transportation planning in accordance with sections 134
        and 135.
          (F) Highway research and planning in accordance with chapter
        5.
          (G) Highway-related technology transfer activities.
          (H) Capital and operating costs for traffic monitoring,
        management, and control facilities and programs.
          (I) Fringe and corridor parking facilities.
          (J) Carpool and vanpool projects.
          (K) Bicycle transportation and pedestrian walkways in
        accordance with section 217.
          (L) Development, establishment, and implementation of
        management systems under section 303.
          (M) In accordance with all applicable Federal law (including
        regulations), participation in natural habitat and wetland
        mitigation efforts related to projects funded under this title,
        which may include participation in natural habitat and wetland
        mitigation banks, contributions to statewide and regional
        efforts to conserve, restore, enhance, and create natural
        habitats and wetland, and development of statewide and regional
        natural habitat and wetland conservation and mitigation plans,
        including any such banks, efforts, and plans authorized under
        the Water Resources Development Act of 1990 (Public Law 101-
        640) (including crediting provisions). Contributions to the
        mitigation efforts described in the preceding sentence may take
        place concurrent with or in advance of project construction;
        except that contributions in advance of project construction
        may occur only if the efforts are consistent with all
        applicable requirements of Federal law (including regulations)
        and State transportation planning processes. With respect to
        participation in a natural habitat or wetland mitigation effort
        related to a project funded under this title that has an impact
        that occurs within the service area of a mitigation bank,
        preference shall be given, to the maximum extent practicable,
        to the use of the mitigation bank if the bank contains
        sufficient available credits to offset the impact and the bank
        is approved in accordance with the Federal Guidance for the
        Establishment, Use and Operation of Mitigation Banks (60 Fed.
        Reg. 58605 (November 28, 1995)) or other applicable Federal law
        (including regulations).
          (N) Publicly-owned intracity or intercity bus terminals.
          (O) Infrastructure-based intelligent transportation systems
        capital improvements.
          [(P) Repealed. Pub. L. 109-59, title I, Sec. 1118(b)(1)(B),
        Aug. 10, 2005, 119 Stat. 1181.]
          (Q) Environmental restoration and pollution abatement in
        accordance with section 328.
          (R) Control of noxious weeds and aquatic noxious weeds and
        establishment of native species in accordance with section 329.

        (7) Territory eligible projects. - Subject to approval by the
      Secretary, funds set aside for this program under section
      104(b)(1) for the National Highway System may be obligated for
      projects eligible for assistance under the territorial highway
      program under section 215.

      (c) Interstate System. - 
        (1) Description. - 
          (A) In general. - The Dwight D. Eisenhower National System of
        Interstate and Defense Highways within the United States
        (including the District of Columbia and Puerto Rico) consists
        of highways designed, located, and selected in accordance with
        this paragraph.
          (B) Design. - 
            (i) In general. - Except as provided in clause (ii),
          highways on the Interstate System shall be designed in
          accordance with the standards of section 109(b).
            (ii) Exception. - Highways on the Interstate System in
          Alaska and Puerto Rico shall be designed in accordance with
          such geometric and construction standards as are adequate for
          current and probable future traffic demands and the needs of
          the locality of the highway.

          (C) Location. - Highways on the Interstate System shall be
        located so as - 
            (i) to connect by routes, as direct as practicable, the
          principal metropolitan areas, cities, and industrial centers;
            (ii) to serve the national defense; and
            (iii) to the maximum extent practicable, to connect at
          suitable border points with routes of continental importance
          in Canada and Mexico.

          (D) Selection of routes. - To the maximum extent practicable,
        each route of the Interstate System shall be selected by joint
        action of the State transportation departments of the State in
        which the route is located and the adjoining States, in
        cooperation with local and regional officials, and subject to
        the approval of the Secretary.

        (2) Maximum mileage. - The mileage of highways on the
      Interstate System shall not exceed 43,000 miles, exclusive of
      designations under paragraph (4).
        (3) Modifications. - The Secretary may approve or require
      modifications to the Interstate System in a manner consistent
      with the policies and procedures established under this
      subsection.
        (4) Interstate system designations. - 
          (A) Additions. - If the Secretary determines that a highway
        on the National Highway System meets all standards of a highway
        on the Interstate System and that the highway is a logical
        addition or connection to the Interstate System, the Secretary
        may, upon the affirmative recommendation of the State or States
        in which the highway is located, designate the highway as a
        route on the Interstate System.
          (B) Designations as future interstate system routes. - 
            (i) In general. - If the Secretary determines that a
          highway on the National Highway System would be a logical
          addition or connection to the Interstate System and would
          qualify for designation as a route on the Interstate System
          under subparagraph (A) if the highway met all standards of a
          highway on the Interstate System, the Secretary may, upon the
          affirmative recommendation of the State or States in which
          the highway is located, designate the highway as a future
          Interstate System route.
            (ii) Written agreement of states. - A designation under
          clause (i) shall be made only upon the written agreement of
          the State or States described in such clause that the highway
          will be constructed to meet all standards of a highway on the
          Interstate System by the date that is 25 years after the date
          of the agreement.
            (iii) Removal of designation. - 
              (I) In general. - If the State or States described in
            clause (i) have not substantially completed the
            construction of a highway designated under this
            subparagraph within the time provided for under clause
            (ii), the Secretary shall remove the designation of the
            highway as a future Interstate System route.
              (II) Effect of removal. - Removal of the designation of a
            highway under subclause (I) shall not preclude the
            Secretary from designating the highway as a route on the
            Interstate System under subparagraph (A) or under any other
            provision of law providing for addition to the Interstate
            System.
              (III) Existing agreements. - An agreement described in
            clause (ii) that is entered into before the date of
            enactment of this subclause shall be deemed to include the
            25-year time limitation described in that clause,
            regardless of any earlier construction completion date in
            the agreement.

            (iv) Prohibition on referral as interstate system route. -
          No law, rule, regulation, map, document, or other record of
          the United States, or of any State or political subdivision
          of a State, shall refer to any highway designated as a future
          Interstate System route under this subparagraph, nor shall
          any such highway be signed or marked, as a highway on the
          Interstate System until such time as the highway is
          constructed to the geometric and construction standards for
          the Interstate System and has been designated as a route on
          the Interstate System.

          (C) Financial responsibility. - Except as provided in this
        title, the designation of a highway under this paragraph shall
        create no additional Federal financial responsibility with
        respect to the highway.

        (5) Exemption of interstate system. - 
          (A) In general. - Except as provided in subparagraph (B), the
        Interstate System shall not be considered to be a historic site
        under section 303 of title 49 or section 138 of this title,
        regardless of whether the Interstate System or portions or
        elements of the Interstate System are listed on, or eligible
        for listing on, the National Register of Historic Places.
          (B) Individual elements. - Subject to subparagraph (C), the
        Secretary shall determine, through the administrative process
        established for exempting the Interstate System from section
        106 of the National Historic Preservation Act (16 U.S.C. 470f),
        those individual elements of the Interstate System that possess
        national or exceptional historic significance (such as a
        historic bridge or a highly significant engineering feature).
        Such elements shall be considered to be a historic site under
        section 303 of title 49 or section 138 of this title, as
        applicable.
          (C) Construction, maintenance, restoration, and
        rehabilitation activities. - Subparagraph (B) does not prohibit
        a State from carrying out construction, maintenance,
        restoration, or rehabilitation activities for a portion of the
        Interstate System referred to in subparagraph (B) upon
        compliance with section 303 of title 49 or section 138 of this
        title, as applicable, and section 106 of the National Historic
        Preservation Act (16 U.S.C. 470f).

      (d) Transfer of Interstate Construction Funds. - 
        (1) Interstate construction funds not in surplus. - 
          (A) In general. - Upon application by a State and approval by
        the Secretary, the Secretary may transfer to the apportionment
        of the State under section 104(b)(1) any amount of funds
        apportioned to the State under section 104(b)(5)(A) (as in
        effect on the day before the date of enactment of the
        Transportation Equity Act for the 21st Century), if the amount
        does not exceed the Federal share of the costs of construction
        of segments of the Interstate System in the State included in
        the most recent Interstate System cost estimate.
          (B) Effect of transfer. - Upon transfer of an amount under
        subparagraph (A), the construction on which the amount is
        based, as included in the most recent Interstate System cost
        estimate, shall not be eligible for funding under section
        104(b)(5)(A) (as in effect on the day before the date of
        enactment of the Transportation Equity Act for the 21st
        Century) or 118(c).

        (2) Surplus interstate construction funds. - Upon application
      by a State and approval by the Secretary, the Secretary may
      transfer to the apportionment of the State under section
      104(b)(1) any amount of surplus funds apportioned to the State
      under section 104(b)(5)(A) (as in effect on the day before the
      date of enactment of the Transportation Equity Act for the 21st
      Century), if the State has fully financed all work eligible under
      the most recent Interstate System cost estimate.
        (3) Applicability of certain laws. - Funds transferred under
      this subsection shall be subject to the laws (including
      regulations, policies, and procedures) relating to the
      apportionment to which the funds are transferred.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 887; Pub. L. 86-70, Sec.
    21(d)(1), June 25, 1959, 73 Stat. 145; Pub. L. 86-624, Sec. 17(b),
    (c), July 12, 1960, 74 Stat. 415; Pub. L. 87-866, Sec. 8(a), Oct.
    23, 1962, 76 Stat. 1147; Pub. L. 90-238, Jan. 2, 1968, 81 Stat.
    772; Pub. L. 90-495, Secs. 14, 21, Aug. 23, 1968, 82 Stat. 822,
    826; Pub. L. 91-605, title I, Secs. 106(b), 124, Dec. 31, 1970, 84
    Stat. 1716, 1729; Pub. L. 93-87, title I, Secs. 109(a), 110(a),
    (b), 137, 148(a)-(c), (e), Aug. 13, 1973, 87 Stat. 255, 256, 268,
    274; Pub. L. 93-643, Sec. 125, Jan. 4, 1975, 88 Stat. 2290; Pub. L.
    94-280, title I, Secs. 109, 110, 111(a), May 5, 1976, 90 Stat. 431,
    433; Pub. L. 95-599, title I, Sec. 107(a), (b), (f)(1), Nov. 6,
    1978, 92 Stat. 2694, 2695; Pub. L. 96-106, Secs. 1, 2(a), (c), Nov.
    9, 1979, 93 Stat. 796; Pub. L. 96-144, Sec. 2, Dec. 13, 1979, 93
    Stat. 1084; Pub. L. 97-424, title I, Secs. 107(a)-(c)(1), (d), (e),
    108(f), Jan. 6, 1983, 96 Stat. 2101-2104; Pub. L. 100-17, title I,
    Sec. 103(b), (f)(1), Apr. 2, 1987, 101 Stat. 136, 141; Pub. L. 102-
    240, title I, Secs. 1006(a), (b), (d), 1011, title III, Sec.
    3003(b), Dec. 18, 1991, 105 Stat. 1923, 1925, 1935, 2088; Pub. L.
    103-272, Sec. 5(f)(1), July 5, 1994, 108 Stat. 1374; Pub. L. 103-
    429, Secs. 3(1), 7(a)(4)(B), Oct. 31, 1994, 108 Stat. 4377, 4389;
    Pub. L. 104-59, title I, Sec. 101, title III, Sec. 301(a), Nov. 28,
    1995, 109 Stat. 569, 578; Pub. L. 104-287, Sec. 2, Oct. 11, 1996,
    110 Stat. 3388; Pub. L. 105-178, title I, Sec. 1106(b), June 9,
    1998, 112 Stat. 131; Pub. L. 109-59, title I, Secs. 1106,
    1118(b)(1), title VI, Secs. 6006(a)(1), 6007, Aug. 10, 2005, 119
    Stat. 1166, 1181, 1872, 1873.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1105 of the Intermodal Surface Transportation Efficiency
    Act of 1991, referred to in subsec. (b)(5), is section 1105 of Pub.
    L. 102-240, which amended section 105 of this title and enacted
    provisions establishing high priority corridors and segments, which
    are not classified to the Code.
      The Water Resources Development Act of 1990, referred to in
    subsec. (b)(6)(M), is Pub. L. 101-640, Nov. 28, 1990, 104 Stat.
    4604. For complete classification of this Act to the Code, see
    Short Title of 1990 Amendment note set out under section 2201 of
    Title 33, Navigation and Navigable Waters, and Tables.
      The date of enactment of this subclause, referred to in subsec.
    (c)(4)(B)(iii)(III), is the date of enactment of Pub. L. 109-59,
    which was approved Aug. 10, 2005.
      The date of enactment of the Transportation Equity Act for the
    21st Century, referred to in subsec. (d)(1), (2), is the date of
    enactment of Pub. L. 105-178, which was approved June 9, 1998.

-COD-
                               CODIFICATION                           
      Another section 1106(b) of Pub. L. 105-178 is set out as a note
    below.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(6). Pub. L. 109-59, Sec. 1118(b)(1)(A),
    substituted "State eligible" for "Eligible" in heading.
      Subsec. (b)(6)(P). Pub. L. 109-59, Sec. 1118(b)(1)(B), struck out
    subpar. (P) which read as follows: "In the Virgin Islands, Guam,
    American Samoa, and the Commonwealth of the Northern Mariana
    Islands, any project eligible for assistance under section 133, any
    airport, and any seaport."
      Subsec. (b)(6)(Q), (R). Pub. L. 109-59, Sec. 6006(a)(1), added
    subpars. (Q) and (R).
      Subsec. (b)(7). Pub. L. 109-59, Sec. 1118(b)(1)(C), added par.
    (7).
      Subsec. (c)(4)(B)(ii). Pub. L. 109-59, Sec. 1106(a), substituted
    "25" for "12".
      Subsec. (c)(4)(B)(iii)(I). Pub. L. 109-59, Sec. 1106(b)(1),
    struck out "in the agreement between the Secretary and the State or
    States" before "under clause (ii)".
      Subsec. (c)(4)(B)(iii)(III). Pub. L. 109-59, Sec. 1106(b)(2),
    added subcl. (III).
      Subsec. (c)(5). Pub. L. 109-59, Sec. 6007, added par. (5).
      1998 - Pub. L. 105-178 reenacted section catchline without change
    and amended text generally. Prior to amendment, section related to
    Federal-aid systems and, in subsec. (a), identified such systems,
    in subsec. (b), described National Highway System, in subsec. (e),
    described Interstate Highway System, in subsec. (f), specified
    authority of Secretary with respect to system, in subsec. (g),
    provided for removal of certain parts from system, in subsec. (h),
    authorized Secretary to pay all non-Federal costs of certain parts
    of system, and in subsec. (i), described eligible projects for
    National Highway System.
      1996 - Subsec. (e)(4)(L). Pub. L. 104-287 substituted "chapter 53
    of title 49" for "fta" in heading.
      1995 - Subsec. (b)(3)(C). Pub. L. 104-59, Sec. 101(b)(1),
    substituted "The" for "For purposes of proposing highways for
    designation to the National Highway System, the".
      Subsec. (b)(3)(D). Pub. L. 104-59, Sec. 101(b)(2), substituted
    "The" for "In proposing highways for designation to the National
    Highway System, the" and inserted "on the National Highway System"
    after "highway mileage".
      Subsec. (b)(5) to (8). Pub. L. 104-59, Sec. 101(a), added pars.
    (5) to (8).
      Subsec. (i)(8). Pub. L. 104-59, Sec. 301(a), added par. (8) and
    struck out former par. (8) which read as follows: "Startup costs
    for traffic management and control if such costs are limited to the
    time period necessary to achieve operable status but not to exceed
    2 years following the date of project approval, if such funds are
    not used to replace existing funds."
      1994 - Subsec. (e)(4)(L)(i). Pub. L. 103-272, Sec. 5(f)(1)(A), as
    amended by Pub. L. 103-429, Sec. 7(a)(4)(B), substituted "chapter
    53 of title 49" for "the Federal Transit Act".
      Subsec. (e)(4)(L)(ii). Pub. L. 103-272, Sec. 5(f)(1)(B), as
    amended by Pub. L. 103-429, Sec. 7(a)(4)(B), substituted "section
    5323(a)(1)(D) of title 49" for "section 3(e)(4) of the Federal
    Transit Act".
      Subsec. (i)(3). Pub. L. 103-429, Sec. 3(1), substituted "chapter
    53 of title 49" for "the Federal Transit Act".
      1991 - Subsec. (a). Pub. L. 102-240, Sec. 1006(a), added subsec.
    (a) and struck out former subsec. (a) which established and
    continued four Federal-aid systems: primary, urban, secondary and
    Interstate.
      Subsec. (b). Pub. L. 102-240, Sec. 1006(a), added subsec. (b) and
    struck out former subsec. (b) which related to Federal-aid primary
    system.
      Subsecs. (c), (d). Pub. L. 102-240, Sec. 1006(b)(1), struck out
    subsecs. (c) and (d) which related to Federal-aid secondary system
    and Federal-aid urban system, respectively.
      Subsec. (e)(4)(E)(i). Pub. L. 102-240, Sec. 1011(c), inserted
    provisions at end specifying that funds authorized to be
    appropriated for substitute transit projects for fiscal year 1993
    and for substitute highway projects for fiscal year 1995 are to
    remain available until expended.
      Subsec. (e)(4)(G). Pub. L. 102-240, Sec. 1011(a)(1), struck out
    "and" before "$740,000,000", inserted provisions relating to fiscal
    years 1992 through 1995 and inserted provisions authorizing
    obligation of sums for transit substitute projects.
      Subsec. (e)(4)(H)(i). Pub. L. 102-240, Sec. 1011(a)(2)(A),
    inserted provisions at end relating to apportionment of funds for
    fiscal years 1992 through 1995.
      Subsec. (e)(4)(H)(iii). Pub. L. 102-240, Sec. 1011(a)(2)(B), (C),
    substituted "1988-1995" for "1988, 1989, 1990, and 1991" in heading
    and "1991, 1992, 1993, 1994, and 1995" for "and 1991" in text.
      Subsec. (e)(4)(I). Pub. L. 102-240, Sec. 3003(b), substituted
    "Federal Transit Act" for "Urban Mass Transportation Act of 1964".
      Subsec. (e)(4)(J)(i). Pub. L. 102-240, Sec. 1011(b)(1), (2),
    inserted "and ending before October 1, 1991" after "1983," and
    provisions at end relating to apportionment of 100 percent of funds
    appropriated for fiscal years 1992 and 1993.
      Subsec. (e)(4)(J)(iii). Pub. L. 102-240, Sec. 1011(b)(3), (4),
    substituted "1988-1993" for "1988, 1989, 1990, and 1991" in heading
    and substituted "1991, 1992, and 1993" for "and 1991" in text.
      Subsec. (e)(4)(L). Pub. L. 102-240, Sec. 3003(b), substituted
    "FTA" for "UMTA" in heading and "Federal Transit Act" for "Urban
    Mass Transportation Act of 1964" in cls. (i) and (ii).
      Subsec. (f). Pub. L. 102-240, Sec. 1006(b)(2), struck out "the
    Federal-aid primary system, the Federal-aid secondary system, the
    Federal-aid urban system, and" before "the Interstate System" and
    struck out at end "No Federal-aid system or portion thereof shall
    be eligible for projects in which Federal funds participate until
    approved by the Secretary."
      Subsec. (i). Pub. L. 102-240, Sec. 1006(d), added subsec. (i).
      1987 - Subsec. (e). Pub. L. 100-17, Sec. 103(f)(1)(A)-(D), (H)-
    (J), inserted heading, indented par. (1) and aligned such par. and
    pars. (2), (3), and (5) to (9) with par. (4), as amended, and
    inserted headings for pars. (1) to (3), (8), and (9).
      Subsec. (e)(4). Pub. L. 100-17, Sec. 103(b), amended par. (4)
    generally, revising and restating as subpars. (A) to (P) provisions
    formerly contained in a single paragraph.
      Subsec. (e)(5). Pub. L. 100-17, Sec. 103(f)(1)(E), (K), inserted
    heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4),
    and substituted "withdrawal of approval." for "withdrawal of
    approval; and" in subpar. (B).
      Subsec. (e)(6). Pub. L. 100-17, Sec. 103(f)(1)(F), (K), inserted
    heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4),
    and substituted "withdrawal of approval." for "withdrawal of
    approval;" in subpar. (B).
      Subsec. (e)(7). Pub. L. 100-17, Sec. 103(f)(1)(G), inserted
    heading and substituted "are to be applied." for "are to be
    applied; and".
      1983 - Subsec. (b)(1). Pub. L. 97-424, Sec. 108(f), substituted
    "Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
    Commonwealth of the Northern Mariana Islands" for "or Puerto Rico"
    after "Hawaii, Alaska,".
      Subsec. (e)(4). Pub. L. 97-424, Sec. 107(a)(1), struck out eighth
    sentence and substituted provision relating to authorizations and
    apportionment of funds for fiscal years ending Sept. 30, 1983,
    through Sept. 30, 1986, and relating to substitute highway projects
    and substitute transit projects for provision that there were
    authorized to be appropriated for liquidation of the obligations
    incurred under this paragraph such sums as might be necessary out
    of the general fund of the Treasury.
      Pub. L. 97-424, Sec. 107(a)(2), struck out sixth sentence and
    substituted provisions relating to the period of availability of
    sums apportioned under this paragraph and of sums available for
    obligation and the disposition of funds apportioned to a State and
    unobligated for provision that the sums available for obligation
    would remain available until obligated.
      Pub. L. 97-424, Sec. 107(b), inserted at end provision that any
    route or segment thereof which was statutorily designed after March
    7, 1978, to be on the Interstate System shall not be eligible for
    withdrawal or substitution under this subsection.
      Pub. L. 97-424, Sec. 107(c)(1)(A), inserted "or up to and
    including the 1983 interstate cost estimate, whichever is earlier,"
    after "approved by Congress," and before "subject to increase or
    decrease" in provision in second sentence relating to the action of
    the Secretary in withdrawing his approval under this paragraph.
      Pub. L. 97-424, Sec. 107(c)(1)(B), struck out "the date of
    enactment of the Federal-Aid Highway Act of 1976 or" after "portion
    thereof as of", and "whichever is later, and in accordance with the
    design of the route or portion thereof that is the basis of the
    latest cost estimate" after "substitute project under this
    paragraph," in provision in second sentence relating to the action
    of the Secretary in withdrawing his approval under this paragraph.
      Pub. L. 97-424, Sec. 107(c)(1)(C), inserted "or the date of
    approval of the 1983 interstate cost estimate, whichever is
    earlier," after "approval of each substitute project under this
    paragraph" in provision in second sentence relating to the action
    of the Secretary in withdrawing his approval under this paragraph.
      Pub. L. 97-424, Sec. 107(d), inserted provision in third sentence
    that except with respect to any route which on May 12, 1982, is
    under judicial injunction prohibiting its construction the
    Secretary may approve substitute projects and withdrawals on such
    route until Sept. 30, 1985.
      Pub. L. 97-424, Sec. 107(e)(1), struck out "which is within an
    urbanized area or which passes through and connects urbanized areas
    within a State and" after "portion thereof on the Interstate
    System" in first sentence.
      Pub. L. 97-424, Sec. 107(e)(2), substituted "which will serve the
    area or areas from which the interstate route or portion thereof
    was withdrawn, which are selected by the responsible local
    officials of the area or areas to be served, and which are selected
    by the Governor or the Governors of the State or the States in
    which the withdrawn route was located if the withdrawn route was
    not within an urbanized area or did not pass through and connect
    urbanized areas, and which are submitted by the Governors of the
    States in which the withdrawn route was located", for "which will
    serve the urbanized area and the connecting nonurbanized area
    corridor from which the interstate route or portion thereof was
    withdrawn, which are selected by the responsible local officials of
    the urbanized area or area to be served, and which are submitted by
    the Governor of the State in which the withdrawn route was
    located", after "section 103 of this title; or both," in second
    sentence.
      1979 - Subsec. (e)(4). Pub. L. 96-144 provided that after Sept.
    30, 1979, the Secretary shall not withdraw his approval under par.
    (4) of any route or portion thereof on the Interstate System open
    to traffic before the date of the proposed withdrawal, and that any
    withdrawal of approval of any such route or portion thereof before
    Sept. 30, 1979, is determined to be authorized by par. (4).
      Pub. L. 96-106, Sec. 1, inserted provision that the preceding
    sentence not apply to a designation made under section 139 of this
    title.
      Subsec. (e)(5). Pub. L. 96-106, Sec. 2(a), inserted ", in the
    case of any withdrawal of approval before November 6, 1978" after
    "any other provision of law".
      Subsec. (e)(6) to (9). Pub. L. 96-106, Sec. 2(c), added pars. (6)
    and (7) and redesignated former pars. (6) and (7) as (8) and (9),
    respectively.
      1978 - Subsec. (e)(2). Pub. L. 95-599, Sec. 107(a)(1),
    substituted provisions relating to the deadline for designation of
    Interstate routes for provisions relating to maximum costs of all
    mileage and granting of preferences.
      Subsec. (e)(4). Pub. L. 95-599, Sec. 107(a)(2), (b), (f)(1)(A),
    substituted provision setting the maximum Federal share at 85 per
    cent of the cost of the substitute project for provision stating
    that the share would be determined in accordance with section 120
    of this title, inserted provisions relating to deadline for
    approval by Secretary and designation of mileage, and struck out
    provision relating to withdrawal of approval.
      Subsec. (e)(5) to (7). Pub. L. 95-599, Sec. 107(f)(1)(B), (C),
    redesignated par. (5) as (7) and added pars. (5) and (6).
      1976 - Subsec. (e)(2). Pub. L. 94-280, Secs. 109(a), 111(a),
    struck out from second sentence "prior to the enactment of this
    paragraph" after "with this title," and in fourth sentence,
    substituted provision respecting limitation of cost to United
    States for aggregate of mileage for route withdrawals which read as
    follows: "or if the cost of any such withdrawn route was not
    included in such 1972 Interstate System cost estimate, the cost of
    such withdrawn route as set forth in the last Interstate System
    cost estimate before such 1972 cost estimate which was approved by
    Congress and which included the cost of such withdrawn route,
    increased or decreased, as the case may be, as determined by the
    Secretary, based on changes in construction costs of such route or
    portion thereof, which, (i) in the case of a withdrawn route the
    cost of which was not included in the 1972 cost estimate but in an
    earlier cost estimate, have occurred between such earlier cost
    estimate and the date of enactment of the Federal-Aid Highway Act
    of 1976, and (ii) in the case of a withdrawn route the cost of
    which was included in the 1972 cost estimate, have occurred between
    the 1972 cost estimate and the date of enactment of the Federal-Aid
    Highway Act of 1976, or the date of withdrawal of approval,
    whichever date is later, and in each case costs shall be based on
    that design of such route or portion thereof which is the basis of
    the applicable cost estimate" for "increased or decreased, as the
    case may be, as determined by the Secretary, based on changes in
    construction costs of such route or portion thereof as of the date
    of withdrawal of approval under this paragraph and in accordance
    with that design of such route or portion thereof which is the
    basis of such 1972 cost estimate."
      Subsec. (e)(4). Pub. L. 94-280, Sec. 110(a), in revising par.
    (4), substituting provisions set out in text for prior provisions
    set out in note hereunder, among other changes: authorized the
    Secretary to withdraw approval of route or portion thereof on
    Interstate System which passes through and connects urbanized areas
    within a State and to incur obligations for Federal share of
    projects authorized under any highway assistance program under
    section 103 of this title; provided for determination of Federal
    share of substitute projects as provided in section 120 of this
    title applicable to the highway program of which the substitute
    project is a part; made specific reference to section 4 of, for
    prior general reference to, Urban Mass Transportation Act of 1964,
    as source of Federal share for mass transit projects; authorized
    sums available for obligation to remain available until obligated;
    made sums obligated for mass transit projects part of, to be
    administered through, Urban Mass Transportation Fund; authorized
    appropriations out of general fund of the Treasury for liquidation
    of obligations incurred under this paragraph; made amended par. (4)
    effective Aug. 13, 1973; and deleted provisions making route
    withdrawn mileage available for designation on Interstate System in
    any other State, prohibition against obligation under this
    paragraph of general funds after June 30, 1981, and requirement
    that for nonhighway public mass transit project, the Secretary
    receive State assurance that public mass transportation system will
    fully utilize the proposed project.
      Pub. L. 94-280, Sec. 110(b), inserted provision for application
    of sums to a permissible transportation project when paid to a
    State for a route or portion of the Interstate System in event of
    withdrawal of approval for the route or portion instead of making
    of refund to Highway Trust Fund.
      Subsec. (e)(5). Pub. L. 94-280, Sec. 109(b), added par. (5).
      1975 - Subsec. (e)(2), (4). Pub. L. 93-643 inserted ", increased
    or decreased, as the case may be, as determined by the Secretary,
    based on changes in construction costs of such route or portion
    thereof as of the date of withdrawal of approval under this
    paragraph and in accordance with that design of such route or
    portion thereof which is the basis of such 1972 cost estimate"
    after "House Report Numbered 92-1443".
      1973 - Subsec. (b). Pub. L. 93-87, Sec. 148(a), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (c). Pub. L. 93-87, Sec. 148(b), (e), designated existing
    provisions as par. (1), inserted "access roads to airports," after
    "local rural roads", and added par. (2).
      Subsec. (d)(1). Pub. L. 93-87, Secs. 109(a), 148(c), authorized
    establishment of Federal-aid urban system in such other urban areas
    as the State highway department may designate, substituted "shall
    include high traffic volume arterial and collector routes,
    including access roads to airports and other transportation
    terminals" for "designed taking into consideration the highest
    traffic volume corridors, and the longest trips within such area
    and shall be selected so as to best serve the goals and objectives
    of the community as determined by the responsible local officials
    of such urbanized area based upon the planning process required
    pursuant to the provisions of section 134 of this title", reenacted
    third sentence without change, inserted "to the extent feasible" in
    the text reading "Each route of the system to the extent feasible
    shall connect with another route", substituted "Routes . . . shall
    be selected by the appropriate local officials so as to serve the
    goals and objectives of the community, with the concurrence of the
    State highway departments, and, in urbanized areas, also in
    accordance with the planning process under section 134 of this
    title" for "Routes . . . shall be selected by the appropriate local
    officials and the State highway departments in cooperation with
    each other subject to the approval of the Secretary as provided in
    subsection (f) of this section", and inserted preceding last
    sentence "Designation of the Federal-aid urban system shall be
    subject to the approval of the Secretary as provided in subsection
    (f) of this section", and designated provisions, as amended, as
    par. (1), respectively.
      Subsec. (d)(2). Pub. L. 93-87, Sec. 148(c), added par. (2).
      Subsec. (e)(2). Pub. L. 93-87, Sec. 137(a), substituted in first
    sentence "additional mileage for the Interstate System of five
    hundred miles" for "additional mileage for the Interstate System of
    two hundred miles"; in fourth sentence "1972 Interstate System cost
    estimate set forth in House Public Works Committee Print Numbered
    92-29, as revised in House Report Numbered 92-1443" for "1968
    Interstate System cost estimate set forth in House Document
    Numbered 199, Ninetieth Congress, as revised"; and in fifth
    sentence "preference, along with due regard for interstate highway
    type needs on a nationwide basis," for "due regard", respectively.
      Subsec. (e)(4). Pub. L. 93-87, Sec. 137(b), added par. (4).
      Subsec. (g). Pub. L. 93-87, Sec. 110(a), substituted first
    sentence reading "the Secretary, on July 1, 1974, shall remove from
    designation as a part of the Interstate System each segment of such
    system for which a State has not notified the Secretary that such
    State intends to construct such segment, and which the Secretary
    finds is not essential to completion of a unified and connected
    Interstate System." for "The Secretary, on July 1, 1973, shall
    remove from designation as a part of the Interstate System every
    segment of such System for which a State has not established a
    schedule for the expenditure of funds for completion of
    construction of such segment within the period of availability of
    funds authorized to be appropriated for completion of the
    Interstate System, and with respect to which the State has not
    provided the Secretary with assurances satisfactory to him that
    such schedule will be met."; deleted former second sentence reading
    "Nothing in the preceding sentence shall be construed to prohibit
    the substitution prior to July 1, 1973, of alternative segments of
    the Interstate System which will meet the requirements of this
    title."; substituted "Any segment of the Interstate System, with
    respect to which a State has not submitted by July 1, 1975, a
    schedule for the expenditure of funds for completion of
    construction of such segment or alternative segment within the
    period of availability of funds authorized to be appropriated for
    completion of the Interstate System, and with respect to which the
    State has not provided the Secretary with assurances satisfactory
    to him such schedule will be met," for "Any segment of the
    Interstate System with respect to which a State has not submitted
    plans, specifications, and estimates for approval by the Secretary
    by July 1, 1975," before "shall be removed from designation as a
    part of the Interstate System"; authorized the Secretary to
    designate as a part of the Interstate System any segment previously
    removed from the System when necessary in the interest of national
    defense or for other reasons of national interest; and made subsec.
    (g) inapplicable to any segment of the Interstate System referred
    to in section 23(a) of the Federal-Aid Highway Act of 1968.
      Subsec. (h). Pub. L. 93-87, Sec. 110(b), added subsec. (h).
      1970 - Subsec. (a). Pub. L. 91-605, Sec. 106(b)(3), substituted
    "four" for "three" and added the urban system to the list of
    Federal-aid systems.
      Subsecs. (b), (c). Pub. L. 91-605, Sec. 106(b)(1), substituted
    "subsection (f)" for "subsection (e)".
      Subsecs. (d), (e). Pub. L. 91-605, Sec. 106(b)(1), added subsec.
    (d), redesignated former subsec. (d) as (e) and substituted
    "subsection (f)" for "subsection (e)". Former subsec. (e)
    redesignated (f).
      Subsec. (f). Pub. L. 91-605, Sec. 106(b)(1), (2), redesignated
    former subsec. (e) as (f) and inserted reference to Federal-aid
    urban system.
      Subsec. (g). Pub. L. 91-605, Sec. 124, added subsec. (g).
      1968 - Subsec. (d)(1). Pub. L. 90-495, Sec. 14(a), inserted
    provision making allowance for an exception in pars. (2) and (3) to
    the forty-one thousand mile total extent of the Interstate system.
      Subsec. (d)(2). Pub. L. 90-495, Sec. 21, substituted "1968
    Interstate System cost estimate set forth in House Document
    Numbered 199, Ninetieth Congress, as revised" for "1965 Interstate
    System cost estimate set forth in House Document Numbered 42,
    Eighty-ninth Congress".
      Subsec. (d)(3). Pub. L. 90-495, Sec. 14(b), added par. (3).
      Subsec. (d). Pub. L. 90-238 redesignated existing provision as
    par. (1) and added par. (2).
      1962 - Subsec. (c). Pub. L. 87-866 substituted "This system may
    be located both in rural and urban areas, but any extension of the
    system into urban areas shall be subject to the condition that such
    extension pass through the urban area or connect with another
    Federal-aid system within the urban area" for "This system shall be
    confined to rural areas, except (1) that in any State having a
    population density of more than two hundred per square mile as
    shown by the latest available Federal census, the system may
    include mileage in urban areas as well as rural, and (2) that the
    system may be extended into urban areas subject to the conditions
    that any such extension passes through the urban area or connects
    with another Federal-aid system within the urban area, and that
    Federal participation in projects on such extensions is limited to
    urban funds".
      1960 - Subsec. (d). Pub. L. 86-624, Sec. 17(c), substituted
    "within the United States, including the District of Columbia, and"
    for "within the continental United States and", and inserted "to
    the greatest extent possible" in two places.
      1959 - Subsec. (f). Pub. L. 86-70 repealed subsec. (f) which
    related to determination of roads in the Territory of Alaska on
    which Federal-aid funds could be expended.
      Subsec. (g). Pub. L. 86-624, Sec. 17(b), repealed subsec. (g)
    which provided that the systems of highways on which funds
    apportioned to the Territory of Hawaii under this chapter shall be
    expended may be determined and agreed upon by the Governor of said
    Territory and the Secretary.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 7(a) of Pub. L. 103-429 provided in part that the
    amendment made by that section is effective July 5, 1994.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by sections 1006 and 1011 of Pub. L. 102-240 effective
    Dec. 18, 1991, and applicable to funds authorized to be
    appropriated or made available after Sept. 30, 1991, and, with
    certain exceptions, not applicable to funds appropriated or made
    available on or before Sept. 30, 1991, see section 1100 of Pub. L.
    102-240, set out as a note under section 104 of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 107(c) of Pub. L. 95-599 provided that: "The amendment
    made by subsection (a) of this section [amending this section]
    shall apply to each route or portion thereof designated under
    section 103(e)(2) of title 23, United States Code, before January
    1, 1978, the construction of which was not complete on such date,
    and the Secretary of Transportation shall make such revisions in
    existing contracts and agreements as may be necessary to carry out
    this section and the amendment made by subsection (a) of this
    section."
      Section 107(f)(2) of Pub. L. 95-599, which provided that the
    amendments made by section 107(f)(1) of Pub. L. 95-599 to this
    section apply to any withdrawal of approval before Nov. 6, 1978,
    was repealed by Pub. L. 96-106, Sec. 2(b), Nov. 9, 1979, 93 Stat.
    796.

                     EFFECTIVE DATE OF 1973 AMENDMENT                 
      Section 110(c) of Pub. L. 93-87 provided that: "The amendments
    made by subsections (a) and (b) of this section [amending this
    section] shall take effect June 30, 1973."

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of this
    title.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Section 8(b) of Pub. L. 87-866 provided that: "The amendment made
    by subsection (a) of this section [amending this section] shall
    apply to apportionments made before as well as after the date of
    enactment of this Act [Oct. 23, 1962]."

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Section 21(d) of Pub. L. 86-70 provided that the repeal of
    subsec. (f) of this section, sections 116(d), 119, and 120(h) of
    this title, and sections 321a to 321d and 322 to 325 of Title 48,
    Territories and Insular Possessions, is effective July 1, 1959.

            FREIGHT INTERMODAL DISTRIBUTION PILOT GRANT PROGRAM        
      Pub. L. 109-59, title I, Sec. 1306, Aug. 10, 2005, 119 Stat.
    1215, provided that:
      "(a) In General. - The Secretary [of Transportation] shall
    establish and implement a freight intermodal distribution pilot
    grant program.
      "(b) Purposes. - The purposes of the program established under
    subsection (a) shall be for the Secretary [of Transportation] to
    make grants to States - 
        "(1) to facilitate and support intermodal freight
      transportation initiatives at the State and local levels to
      relieve congestion and improve safety; and
        "(2) to provide capital funding to address infrastructure and
      freight distribution needs at inland ports and intermodal freight
      facilities.
      "(c) Eligible Projects. - Projects for which grants may be made
    under this section shall help relieve congestion, improve
    transportation safety, facilitate international trade, and
    encourage public-private partnership and may include projects for
    the development and construction of intermodal freight distribution
    and transfer facilities at inland ports.
      "(d) Selection Process. - 
        "(1) Applications. - A State (as defined in section 101(a) of
      title 23, United States Code) shall submit for approval by the
      Secretary [of Transportation] an application for a grant under
      this section containing such information as the Secretary may
      require to receive such a grant.
        "(2) Priority. - In selecting projects for grants, the
      Secretary shall give priority to projects that will - 
          "(A) reduce congestion into and out of international ports
        located in the United States;
          "(B) demonstrate ways to increase the likelihood that freight
        container movements involve freight containers carrying goods;
        and
          "(C) establish or expand intermodal facilities that encourage
        the development of inland freight distribution centers.
        "(3) Designated projects. - Subject to the provisions of this
      section, the Secretary shall allocate for each of fiscal years
      2005 through 2009, from funds made available to carry out this
      section, 20 percent of the following amounts for grants to carry
      out the following projects under this section:
          "(A) Short-haul intermodal projects, Oregon, $5,000,000.
          "(B) The Georgia Port Authority, $5,000,000.
          "(C) The ports of Los Angeles and Long Beach, California,
        $5,000,000.
          "(D) Fairbanks, Alaska, $5,000,000.
          "(E) Charlotte Douglas International Airport Freight
        Intermodal Facility, North Carolina, $5,000,000.
          "(F) South Piedmont Freight Intermodal Center, North
        Carolina, $5,000,000.
      "(e) Use of Grant Funds. - Funds made available to a recipient of
    a grant under this section shall be used by the recipient for the
    project described in the application of the recipient approved by
    the Secretary [of Transportation].
      "(f) Report. - Not later than 3 years after the date of enactment
    of this Act [Aug. 10, 2005], the Secretary [of Transportation]
    shall submit to Congress a report on the results of the pilot
    program carried out under this section.
      "(g) Funding. - 
        "(1) In general. - There is authorized to be appropriated from
      the Highway Trust Fund (other than the Mass Transit Account) to
      carry out this section $6,000,000 for each of fiscal years 2005
      through 2009.
        "(2) 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; except that such funds shall not be transferable and shall
      remain available until expended, and the Federal share of the
      cost of a project under this section shall be determined in
      accordance with section 120 of such title.
      "(h) Treatment of Projects. - Notwithstanding any other provision
    of law, projects for which grants are made under this section shall
    be treated as projects on a Federal-aid system under chapter 1 of
    title 23, United States Code."

         ADMINISTRATION OF NATIONAL HIGHWAY SYSTEM AND INTERSTATE
                            MAINTENANCE PROGRAM
      Pub. L. 105-178, title I, Sec. 1106(a), June 9, 1998, 112 Stat.
    131, provided that: "The Secretary shall administer the National
    Highway System program and the Interstate Maintenance program as a
    combined program for purposes of allowing States maximum
    flexibility. References in this Act [see Tables for classification]
    and title 23, United States Code, shall not be affected by such
    consolidation."

            UNOBLIGATED BALANCES OF INTERSTATE SUBSTITUTE FUNDS        
      Pub. L. 105-178, title I, Sec. 1106(b), June 9, 1998, 112 Stat.
    136, provided that: "Unobligated balances of funds apportioned to a
    State under section 103(e)(4)(H) of title 23, United States Code
    (as in effect on the day before the date of enactment of this Act
    [June 9, 1998]), shall be available for obligation by the State
    under the law (including regulations, policies, and procedures)
    relating to the obligation and expenditure of the funds in effect
    on that date."

                    INTERMODAL FREIGHT CONNECTORS STUDY                
      Pub. L. 105-178, title I, Sec. 1106(d), June 9, 1998, 112 Stat.
    136, provided that:
      "(1) Report. - Not later than 2 years after the date of enactment
    of this Act [June 9, 1998], the Secretary shall - 
        "(A) review the condition of and improvements made, since the
      designation of the National Highway System, to connectors on the
      National Highway System that serve seaports, airports, and other
      intermodal freight transportation facilities; and
        "(B) report to Congress on the results of such review.
      "(2) Review. - In preparing the report, the Secretary shall
    review the connectors and identify projects carried out on those
    connectors that were intended to provide and improve service to an
    intermodal facility referred to in paragraph (1) and to facilitate
    the efficient movement of freight, including movements of freight
    between modes.
      "(3) Identification of impediments. - If the Secretary determines
    on the basis of the review that there are impediments to improving
    the connectors serving intermodal facilities referred to in
    paragraph (1), the Secretary shall identify such impediments and
    make any appropriate recommendations as part of the Secretary's
    report to Congress under this subsection."

                  FUNCTIONAL RECLASSIFICATION OF HIGHWAYS              
      Section 1006(c) of Pub. L. 102-240 provided that:
      "(1) State action. - Each State shall functionally reclassify the
    roads and streets in such State in accordance with such guidelines
    and time schedule as the Secretary may establish in order to carry
    out the objectives of this section [amending this section and
    sections 101, 104 and 113 of this title and enacting provisions set
    out as a note under section 311 of this title], including the
    amendments made by this section.
      "(2) Approval and submission to congress. - Not later than
    September 30, 1993, the Secretary shall approve the functional
    reclassification of roads and streets made by the States pursuant
    to this subsection and shall submit a report to Congress containing
    such reclassification.
      "(3) State defined. - In this subsection, the term 'State' has
    the meaning such term has under section 101 of title 23, United
    States Code, and shall include the Virgin Islands, American Samoa,
    Guam, and the Commonwealth of the Northern Marianas."

     APPORTIONMENT FACTORS FOR EXPENDITURES ON SUBSTITUTE HIGHWAY AND
                             TRANSIT PROJECTS
      Section 103(a) of Pub. L. 100-17 directed Secretary to apportion
    for fiscal year 1987 the sums to be apportioned for such year under
    22 U.S.C. 103(e)(4) for expenditure on substitute highway and
    transit projects, using the apportionment factors contained in the
    Committee Print Numbered 100-6 of the Committee on Public Works and
    Transportation of the House of Representatives.

        SUBSTITUTE TRANSIT PROJECTS; INCREASE IN COST TO COMPLETE;
                           APPORTIONMENT FACTORS
      Section 103(c) of Pub. L. 100-17 provided that:
      "(1) Increase in cost to complete. - The cost of completing
    substitute transit projects under section 103(e)(4)(B) of title 23,
    United States Code, is increased by $100,000,000.
      "(2) Apportionment factors. - Notwithstanding section 103(e)(4)
    of such title, funds appropriated to carry out projects as a result
    of enactment of paragraph (1) shall be made available in accordance
    with the apportionment factors contained in the Committee Print
    Numbered 100-2 of the Committee on Public Works and Transportation
    of the House of Representatives."

     COMBINED ROAD PLAN DEMONSTRATION PROGRAM; REPORT TO CONGRESSIONAL
                                COMMITTEES
      Section 137 of Pub. L. 100-17 directed Secretary, in cooperation
    with up to 5 States, to conduct a combined road plan demonstration
    to test feasibility of approaches for combining, streamlining, and
    increasing flexibility in administration of Federal-aid secondary
    program, Federal-aid urban program, and the off-system bridge,
    urban bridge, and secondary bridge programs and to submit to
    Congress an interim report on the program being carried out within
    3 years after Apr. 2, 1987, and a final report evaluating the
    effectiveness of the demonstration program and making needed
    recommendations as soon as practicable after completion of the
    demonstration.

      ROUTES WITHDRAWN; AVAILABILITY TO SECRETARY OF SUMS WHERE SUMS
       DETERMINED ARE LESS THAN COST OF COMPLETING WITHDRAWN ROUTES
      Section 107(c)(2) of Pub. L. 97-424, as amended by Pub. L. 100-
    17, title I, Sec. 103(f)(2), Apr. 2, 1987, 101 Stat. 142, provided
    that: "Notwithstanding any other provision of law, with respect to
    any route or portion thereof on the Interstate System approval of
    which is or has been withdrawn under section 103(e)(4) of title 23,
    United States Code, in any case where the sum determined under
    subparagraph (B) of such section is less than the cost to complete
    the withdrawn route or portion (in accordance with the design of
    such route or portion on the date of such withdrawal) as of June
    30, 1980, as a result of decreases in construction costs, the sum
    which shall be available to the Secretary under such subparagraph
    shall be an amount equal to such cost of completion as of June 30,
    1980."

    WITHDRAWAL OF SECRETARY'S APPROVAL OF ROUTE OR PORTION OF ROUTE ON
        INTERSTATE SYSTEM BETWEEN JUNE 20, 1979, AND JUNE 30, 1979,
                    INCLUSIVE; SUBSTITUTION OF PROJECTS
      Section 3 of Pub. L. 96-144 provided that: "Notwithstanding the
    amendment made to section 103(e)(4) of title 23, United States
    Code, by the preceding section, in the case where the Secretary has
    withdrawn his approval of a route or portion thereof on the
    Interstate System under such section between June 20, 1979, and
    June 30, 1979, both dates inclusive, the sum available to the
    Secretary of Transportation to incur obligations for projects
    substituted for such withdrawn route or portion thereof shall be a
    sum equal to the Federal share of the cost to complete the
    withdrawn route or portion thereof, as that cost is included in the
    1975 Interstate System cost estimate, as approved by Congress,
    subject to increase or decrease as determined by the Secretary
    based on changes in the construction costs of the withdrawn route
    or portion thereof as of the date of approval of each substitute
    project under section 103(e)(4) of title 23, United States Code."

        NECESSITY OF ENVIRONMENTAL IMPACT STATEMENT PRIOR TO ROUTE
     CONSTRUCTION ON THE DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND
                             DEFENSE HIGHWAYS
      Section 107(d) of Pub. L. 95-599, as amended by Pub. L. 101-427,
    Oct. 15, 1990, 104 Stat. 927, provided that: "Notwithstanding any
    other provision of law, including but not limited to section 103 of
    title 23, United States Code and this section, no route or portion
    thereof shall be constructed on The Dwight D. Eisenhower System of
    Interstate and Defense Highways with respect to which an
    environmental impact statement has not been submitted to the
    Secretary of Transportation in accordance with the National
    Environmental Policy Act of 1969 [section 4321 et seq. of Title 42,
    The Public Health and Welfare] by September 30, 1983. Any such
    route or portion thereof shall thereupon be removed from
    designation as part of such Interstate System."

      TIME LIMIT FOR COMMENCEMENT OF, OR CONTRACT FOR, CONSTRUCTION;
           REMOVAL FROM DESIGNATION AS PART OF INTERSTATE SYSTEM
      Section 107(e) of Pub. L. 95-599, as amended by Pub. L. 97-424,
    title I, Sec. 107(g), Jan. 6, 1983, 96 Stat. 2103; Pub. L. 100-17,
    title I, Sec. 103(d)(1), Apr. 2, 1987, 101 Stat. 141, provided
    that: "By September 30, 1986, all routes or portions thereof on the
    Interstate System (for which the Secretary of Transportation finds
    that sufficient Interstate authorizations are available) must be
    under contract for construction or construction must have
    commenced. Immediately after such date, the Secretary shall remove
    from designation as part of the Interstate System each route or
    portion thereof not complying with this subsection."
      [Section 103(d)(2) of Pub. L. 100-17 provided that: "The
    amendments made by paragraph (1) [amending section 107(e) of Pub.
    L. 95-599 set out above] shall take effect September 29, 1986."]

       INTERSTATE SYSTEM ROUTES WITHDRAWN FOR PURPOSE OF DESIGNATING
       ALTERNATIVE ROUTES AS SUBJECT TO ROUTE WITHDRAWAL PROVISIONS
      Section 111(b) of Pub. L. 94-280 provided that: "The amendment
    made by subsection (a) of this section [to fourth sentence of
    subsec. (e)(2) of this section] shall be applicable to each route
    on the Interstate System approval of which was withdrawn or is
    hereafter withdrawn by the Secretary of Transportation in
    accordance with the provisions of section 103(e)(2) of title 23,
    United States Code, including any route on the Interstate System
    approval of which was withdrawn by the Secretary of Transportation
    in accordance with the provisions of title 23, United States Code,
    on August 30, 1965, for the purpose of designating an alternative
    route."

     INTERSTATE SYSTEM SUBSECTION (E)(4) PROVISIONS IN EFFECT PRIOR TO
      AMENDMENT BY PUB. L. 94-280, SEC. 110; ROUTE WITHDRAWALS WITHIN
     URBANIZED AREAS; AVAILABILITY OF MILEAGE IN OTHER STATES; PUBLIC
      MASS TRANSIT NONHIGHWAY PROJECTS; GENERAL FUNDS UNAVAILABLE FOR
      OBLIGATION AFTER JUNE 30, 1981; SUPPLEMENTARY FUNDS; URBAN MASS
                   TRANSPORTATION PROVISIONS APPLICABLE
      Section 103(e)(4) of this title, as added Pub. L. 93-87, title I,
    Sec. 137(b), Aug. 13, 1973, 87 Stat. 269, and amended Pub. L. 93-
    643, Sec. 125(b), Jan. 4, 1975, 88 Stat. 2290, read prior to
    amendment by section 110 of Pub. L. 94-280 [set out in the text] as
    follows: "Upon the joint request of a State Governor and the local
    governments concerned, the Secretary may withdraw his approval of
    any route or portion thereof on the Interstate System within any
    urbanized area in that State selected and approved in accordance
    with this title prior to the enactment of this paragraph, if he
    determines that such route or portion thereof is not essential to
    completion of a unified and connected Interstate System or will no
    longer be essential by reason of the application of this paragraph
    and will not be constructed as a part of the Interstate System, and
    if he receives assurances that the State does not intend to
    construct a toll road in the traffic corridor which would be served
    by such route or portion thereof. The mileage of the route or
    portion thereof approval of which is withdrawn under this paragraph
    shall be available for designation on the Interstate System in any
    other State in accordance with paragraph (1) of this subsection.
    After the Secretary has withdrawn his approval of any such route or
    portion thereof, whenever responsible local officials of such
    urbanized area notify the State highway department that, in lieu of
    a route or portion thereof approval for which is withdrawn under
    this paragraph, their needs require a nonhighway public mass
    transit project involving the construction of fixed rail
    facilities, or the purchase of passenger equipment, including
    rolling stock for any mode of mass transit, or both, and the State
    highway department determines that such public mass transit project
    is in accordance with the planning process under section 134 of
    this title and is entitled to priority under such planning process,
    such public mass transit project shall be submitted for approval to
    the Secretary. Approval of the plans, specifications, and estimates
    for such project by the Secretary shall be deemed a contractual
    obligation of the United States for payment out of the general
    funds in the Treasury of its proportional share of the cost of such
    project in an amount equal to the Federal share which would be paid
    for such a project under the Urban Mass Transportation Act of 1964
    [section 1601 et seq. of Title 49, Transportation], except that the
    total Federal cost of all such projects under this paragraph with
    respect to such route or portion thereof approval of which is
    withdrawn under this paragraph, shall not exceed the Federal share
    of the cost which would have been paid for such route or portion
    thereof, as such cost is included in the 1972 Interstate System
    cost estimate set forth in table 5 of House Public Works Committee
    Print Numbered 92-29, as revised in House Report Numbered 92-1443,
    increased or decreased, as the case may be, as determined by the
    Secretary, based on changes in construction costs of such route or
    portion thereof as of the date of withdrawal of approval under this
    paragraph and in accordance with that design of such route or
    portion thereof which is the basis of such 1972 cost estimate.
    Funds apportioned to such State for the Interstate System, which
    apportionment is based upon an Interstate System cost estimate that
    includes a route or portion thereof approval of which is withdrawn
    under this paragraph, shall be reduced by an amount equal to the
    Federal share of such project as such share becomes a contractual
    obligation of the United States. No general funds shall be
    obligated under authority of this paragraph after June 30, 1981. No
    nonhighway public mass transit project shall be approved under this
    paragraph unless the Secretary has received assurances satisfactory
    to him from the State that public mass transportation systems will
    fully utilize the proposed project. The provision of assistance
    under this paragraph shall not be construed as bringing within the
    application of chapter 15 of title 5, United States Code [section
    1501 et seq. of Title 5, Government Organization and Employees],
    any nonsupervisory employee of an urban mass transportation system
    (or of any other agency or entity performing related functions) to
    whom such chapter is otherwise inapplicable. Funds available for
    expenditure to carry out the purposes of this paragraph shall be
    supplementary to and not in substitution for funds authorized and
    available for obligation pursuant to the Urban Mass Transportation
    Act of 1964, as amended [section 1601 et seq. of Title 49,
    Transportation]. The provisions of section 3(e)(4) of the Urban
    Mass Transportation Act of 1964, as amended, [section 1602 (e)(4)
    of Title 49], shall apply in carrying out this paragraph."

                 BASIS OF FEDERAL-AID SYSTEMS REALIGNMENT             
      Section 148(d) of Pub. L. 93-87 provided that: "Federal-aid
    systems realignment shall be based upon anticipated functional
    usage in the year 1980 or a planned connected system."

-End-



-CITE-
    23 USC Sec. 104                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 104. Apportionment

-STATUTE-
      (a) Administrative Expenses. - 
        (1) In general. - There are authorized to be appropriated from
      the Highway Trust Fund (other than the Mass Transit Account) to
      be made available to the Secretary for administrative expenses of
      the Federal Highway Administration - 
          (A) $353,024,000 for fiscal year 2005;
          (B) $370,613,540 for fiscal year 2006;
          (C) $389,079,500 for fiscal year 2007;
          (D) $408,465,500 for fiscal year 2008; and
          (E) $423,717,460 for fiscal year 2009.

        (2) Purposes. - The funds authorized by this subsection shall
      be used - 
          (A) to administer the provisions of law to be financed from
        appropriations for the Federal-aid highway program and programs
        authorized under chapter 2; and
          (B) to make transfers of such sums as the Secretary
        determines to be appropriate to the Appalachian Regional
        Commission for administrative activities associated with the
        Appalachian development highway system.

        (3) Availability. - The funds made available under paragraph
      (1) shall remain available until expended.

      (b) Apportionments. - On October 1 of each fiscal year, the
    Secretary, after making the set-asides authorized by subsections
    (d) and (f) and section 130(e), shall apportion the remainder of
    the sums authorized to be appropriated for expenditure on the
    Interstate and National Highway System program, the Congestion
    Mitigation and Air Quality Improvement program, the highway safety
    improvement program, and the Surface Transportation program for
    that fiscal year, among the several States in the following manner:
        (1) National highway system component. - 
          (A) In general. - For the National Highway System (excluding
        funds apportioned under paragraph (4)), $40,000,000 for each of
        fiscal years 2005 and 2006 and $50,000,000 for each of fiscal
        years 2007 through 2009 for the territorial highway program
        under section 215, $30,000,000 for each of fiscal years 2005
        through 2009 for the Alaska Highway, and the remainder
        apportioned as follows:
            (i) 25 percent in the ratio that - 
              (I) the total lane miles of principal arterial routes
            (excluding Interstate System routes) in each State; bears
            to
              (II) the total lane miles of principal arterial routes
            (excluding Interstate System routes) in all States.

            (ii) 35 percent in the ratio that - 
              (I) the total vehicle miles traveled on lanes on
            principal arterial routes (excluding Interstate System
            routes) in each State; bears to
              (II) the total vehicle miles traveled on lanes on
            principal arterial routes (excluding Interstate System
            routes) in all States.

            (iii) 30 percent in the ratio that - 
              (I) the total diesel fuel used on highways in each State;
            bears to
              (II) the total diesel fuel used on highways in all
            States.

            (iv) 10 percent in the ratio that - 
              (I) the quotient obtained by dividing the total lane
            miles on principal arterial highways in each State by the
            total population of the State; bears to
              (II) the quotient obtained by dividing the total lane
            miles on principal arterial highways in all States by the
            total population of all States.

          (B) Minimum apportionment. - Notwithstanding subparagraph (A)
        and paragraph (4), each State shall receive a minimum of  1/2 
        of 1 percent of the funds apportioned under subparagraph (A)
        and paragraph (4).

        (2) Congestion mitigation and air quality improvement program. -
       
          (A) In general. - For the congestion mitigation and air
        quality improvement program, in the ratio that - 
            (i) the total of all weighted nonattainment and maintenance
          area populations in each State; bears to
            (ii) the total of all weighted nonattainment and
          maintenance area populations in all States.

          (B) Calculation of weighted nonattainment and maintenance
        area population. - Subject to subparagraph (C), for the purpose
        of subparagraph (A), the weighted nonattainment and maintenance
        area population shall be calculated by multiplying the
        population of each area in a State that was a nonattainment
        area or maintenance area as described in section 149(b) for
        ozone or carbon monoxide by a factor of - 
            (i) 1.0 if, at the time of apportionment, the area is a
          maintenance area;
            (ii) 1.0 if, at the time of the apportionment, the area is
          classified as a marginal ozone nonattainment area under
          subpart 2 of part D of title I of the Clean Air Act (42
          U.S.C. 7511 et seq.);
            (iii) 1.1 if, at the time of the apportionment, the area is
          classified as a moderate ozone nonattainment area under such
          subpart;
            (iv) 1.2 if, at the time of the apportionment, the area is
          classified as a serious ozone nonattainment area under such
          subpart;
            (v) 1.3 if, at the time of the apportionment, the area is
          classified as a severe ozone nonattainment area under such
          subpart;
            (vi) 1.4 if, at the time of the apportionment, the area is
          classified as an extreme ozone nonattainment area under such
          subpart;
            (vii) 1.0 if, at the time of the apportionment, the area is
          not a nonattainment or maintenance area as described in
          section 149(b) for ozone, but is classified under subpart 3
          of part D of title I of such Act (42 U.S.C. 7512 et seq.) as
          a nonattainment area described in section 149(b) for carbon
          monoxide; or
            (viii) 1.0 if, at the time of apportionment, an area is
          designated as nonattainment for ozone under subpart 1 of part
          D of title I of such Act (42 U.S.C. 7512 et seq.).(!1)


          (C) Additional adjustment for carbon monoxide areas. - If, in
        addition to being designated as a nonattainment or maintenance
        area for ozone as described in section 149(b), any county
        within the area was also classified under subpart 3 of part D
        of title I of the Clean Air Act (42 U.S.C. 7512 et seq.) as a
        nonattainment or maintenance area described in section 149(b)
        for carbon monoxide, the weighted nonattainment or maintenance
        area population of the county, as determined under clauses (i)
        through (vi) or clause (viii) of subparagraph (B), shall be
        further multiplied by a factor of 1.2.
          (D) Minimum apportionment. - Notwithstanding any other
        provision of this paragraph, each State shall receive a minimum
        of  1/2  of 1 percent of the funds apportioned under this
        paragraph.
          (E) Determinations of population. - In determining population
        figures for the purposes of this paragraph, the Secretary shall
        use the latest available annual estimates prepared by the
        Secretary of Commerce.

        (3) Surface transportation program. - 
          (A) In general. - For the surface transportation program, in
        accordance with the following formula:
            (i) 25 percent of the apportionments in the ratio that - 
              (I) the total lane miles of Federal-aid highways in each
            State; bears to
              (II) the total lane miles of Federal-aid highways in all
            States.

            (ii) 40 percent of the apportionments in the ratio that - 
              (I) the total vehicle miles traveled on lanes on Federal-
            aid highways in each State; bears to
              (II) the total vehicle miles traveled on lanes on Federal-
            aid highways in all States.

            (iii) 35 percent of the apportionments in the ratio that - 
              (I) the estimated tax payments attributable to highway
            users in each State paid into the Highway Trust Fund (other
            than the Mass Transit Account) in the latest fiscal year
            for which data are available; bears to
              (II) the estimated tax payments attributable to highway
            users in all States paid into the Highway Trust Fund (other
            than the Mass Transit Account) in the latest fiscal year
            for which data are available.

          (B) Minimum apportionment. - Notwithstanding subparagraph
        (A), each State shall receive a minimum of  1/2  of 1 percent
        of the funds apportioned under this paragraph.

        (4) Interstate maintenance component. - For resurfacing,
      restoring, rehabilitating, and reconstructing the Interstate
      System - 
          (A) 33 1/3  percent in the ratio that - 
            (i) the total lane miles on Interstate System routes open
          to traffic in each State; bears to
            (ii) the total of all such lane miles in all States;

          (B) 33 1/3  percent in the ratio that - 
            (i) the total vehicle miles traveled on Interstate System
          routes open to traffic in each State; bears to
            (ii) the total of all such vehicle miles traveled in all
          States; and

          (C) 33 1/3  percent in the ratio that - 
            (i) the total of each State's annual contributions to the
          Highway Trust Fund (other than the Mass Transit Account)
          attributable to commercial vehicles; bears to
            (ii) the total of such annual contributions by all States.

        (5) Highway safety improvement program. - 
          (A) In general. - For the highway safety improvement program,
        in accordance with the following formula:
            (i) 33 1/3  percent of the apportionments in the ratio that
          - 
              (I) the total lane miles of Federal-aid highways in each
            State; bears to
              (II) the total lane miles of Federal-aid highways in all
            States.

            (ii) 33 1/3  percent of the apportionments in the ratio
          that - 
              (I) the total vehicle miles traveled on lanes on Federal-
            aid highways in each State; bears to
              (II) the total vehicle miles traveled on lanes on Federal-
            aid highways in all States.

            (iii) 33 1/3  percent of the apportionments in the ratio
          that - 
              (I) the number of fatalities on the Federal-aid system in
            each State in the latest fiscal year for which data are
            available; bears to
              (II) the number of fatalities on the Federal-aid system
            in all States in the latest fiscal year for which data are
            available.

          (B) Minimum apportionment. - Notwithstanding subparagraph
        (A), each State shall receive a minimum of one-half of 1
        percent of the funds apportioned under this paragraph.

      (c) Transferability of NHS Apportionments. - A State may transfer
    not to exceed 50 percent of the State's apportionment under
    subsection (b)(1) to the apportionment of the State under
    subsection (b)(3). A State may transfer not to exceed 100 percent
    of the State's apportionment under subsection (b)(1) to the
    apportionment of the State under subsection (b)(3) if the State
    requests to make such transfer and the Secretary approves such
    transfer as being in the public interest, after providing notice
    and sufficient opportunity for public comment. Section 133(d) shall
    not apply to funds transferred under this subsection.
      (d) Operation Lifesaver and High Speed Rail Corridors. - 
        (1) Operation lifesaver. - To carry out a public information
      and education program to help prevent and reduce motor vehicle
      accidents, injuries, and fatalities and to improve driver
      performance at railway-highway crossings - 
          (A) before making an apportionment under subsection (b)(3)
        for fiscal year 2005, the Secretary shall set aside $560,000
        for such fiscal year; and
          (B) there is authorized to be appropriated from the Highway
        Trust Fund (other than the Mass Transit Account) $560,000 for
        each of fiscal years 2006 through 2009.

        (2) Railway-highway crossing hazard elimination in high speed
      rail corridors. - 
          (A) Funding. - To carry out the elimination of hazards at
        railway-highway crossings - 
            (i) before making an apportionment under subsection (b)(3)
          for fiscal year 2005, the Secretary shall set aside
          $5,250,000 for such fiscal year; and
            (ii) there is authorized to be appropriated from the
          Highway Trust Fund (other than the Mass Transit Account)
          $7,250,000 for fiscal year 2006, $10,000,000 for fiscal year
          2007, $12,500,000 for fiscal year 2008, and $15,000,000 for
          fiscal year 2009.

          (B) Eligible corridors. - Subject to subparagraph (E), funds
        made available under subparagraph (A) shall be expended for
        projects in - 
            (i) 5 railway corridors selected by the Secretary in
          accordance with this subsection (as in effect on the day
          before the date of enactment of this clause);
            (ii) 3 railway corridors selected by the Secretary in
          accordance with subparagraphs (C) and (D);
            (iii) a Gulf Coast high speed railway corridor (as
          designated by the Secretary);
            (iv) a Keystone high speed railway corridor from
          Philadelphia to Harrisburg, Pennsylvania; and
            (v) an Empire State railway corridor from New York City to
          Albany to Buffalo, New York.

          (C) Required inclusion of high speed rail lines. - A corridor
        selected by the Secretary under subparagraph (B) shall include
        rail lines where railroad speeds of 90 miles or more per hour
        are occurring or can reasonably be expected to occur in the
        future.
          (D) Considerations in corridor selection. - In selecting
        corridors under subparagraph (B), the Secretary shall consider -
         
            (i) projected rail ridership volume in each corridor;
            (ii) the percentage of each corridor over which a train
          will be capable of operating at its maximum cruise speed
          taking into account such factors as topography and other
          traffic on the line;
            (iii) projected benefits to nonriders such as congestion
          relief on other modes of transportation serving each corridor
          (including congestion in heavily traveled air passenger
          corridors);
            (iv) the amount of State and local financial support that
          can reasonably be anticipated for the improvement of the line
          and related facilities; and
            (v) the cooperation of the owner of the right-of-way that
          can reasonably be expected in the operation of high speed
          rail passenger service in each corridor.

          (E) Certain improvements. - Of such set-aside, not less than
        $250,000 for fiscal year 2005, $1,000,000 for fiscal year 2006,
        $1,750,000 for fiscal year 2007, $2,250,000 for fiscal year
        2008, and $3,000,000 for fiscal year 2009 shall be available
        for eligible improvements to the Minneapolis/St. Paul-Chicago
        segment of the Midwest High Speed Rail Corridor.
          (F) Authorization of appropriations. - There is authorized to
        be appropriated $15,000,000 for each of fiscal years 1999
        through 2003 to carry out this subsection.

      (e) Certification of Apportionments. - 
        (1) In general. - On October 1 of each fiscal year the
      Secretary shall certify to each of the State transportation
      departments the sums which he has apportioned hereunder to each
      State for such fiscal year. To permit the States to develop
      adequate plans for the utilization of apportioned sums, the
      Secretary shall advise each State of the amount that will be
      apportioned each year under this section not later than ninety
      days before the beginning of the fiscal year for which the sums
      to be apportioned are authorized, except that in the case of the
      Interstate System the Secretary shall advise each State ninety
      days prior to the apportionment of such funds.
        (2) Notice to states. - If the Secretary has not made an
      apportionment under section 104, 105, or 144 by the 21st day of a
      fiscal year beginning after September 30, 1998, the Secretary
      shall transmit, by such 21st day, to the Committee on
      Transportation and Infrastructure of the House of Representatives
      and the Committee on Environment and Public Works of the Senate a
      written statement of the reason for not making such apportionment
      in a timely manner.

      (f) Metropolitan Planning. - 
        (1) Set-aside. - On October 1 of each fiscal year, the
      Secretary shall set aside 1.25 percent of the funds authorized to
      be appropriated for the Interstate maintenance, national highway
      system, surface transportation, congestion mitigation and air
      quality improvement, and highway bridge replacement and
      rehabilitation programs authorized under this title to carry out
      the requirements of section 134.
        (2) Apportionment to states of set-aside funds. - These funds
      shall be apportioned to the States in the ratio which the
      population in urbanized areas or parts thereof, in each State
      bears to the total population in such urbanized areas in all the
      States as shown by the latest available census, except that no
      State shall receive less than one-half percent of the amount
      apportioned.
        (3) Use of funds. - 
          (A) In general. - The funds apportioned to any State under
        paragraph (2) of this subsection shall be made available by the
        State to the metropolitan planning organizations responsible
        for carrying out the provisions of section 134 of this title,
        except that States receiving the minimum apportionment under
        paragraph (2) may, in addition, subject to the approval of the
        Secretary, use the funds apportioned to finance transportation
        planning outside of urbanized areas.
          (B) Unused funds. - Any funds that are not used to carry out
        section 134 may be made available by a metropolitan planning
        organization to the State to fund activities under section 135.

        (4) Distribution of funds within states. - 
          (A) In general. - The distribution within any State of the
        planning funds made available to agencies under paragraph (3)
        of this subsection shall be in accordance with a formula
        developed by each State and approved by the Secretary which
        shall consider but not necessarily be limited to, population,
        status of planning, attainment of air quality standards,
        metropolitan area transportation needs, and other factors
        necessary to provide for an appropriate distribution of funds
        to carry out the requirements of section 134 and other
        applicable requirements of Federal law.
          (B) Reimbursement. - Not later than 30 days after the date of
        receipt by a State of a request for reimbursement of
        expenditures made by a metropolitan planning organization for
        carrying out section 134, the State shall reimburse, from funds
        distributed under this paragraph to the metropolitan planning
        organization by the State, the metropolitan planning
        organization for those expenditures.

        (5) Determination of population figures. - For the purposes of
      determining population figures under this subsection, the
      Secretary shall use the most recent estimate published by the
      Secretary of Commerce.

      (g) Not more than 40 per centum of the amount apportioned in any
    fiscal year to each State in accordance with sections 130 and 144
    may be transferred from the apportionment under one section to the
    apportionment under any other of such sections if such a transfer
    is requested by the State transportation department and is approved
    by the Secretary as being in the public interest. The Secretary may
    approve the transfer of 100 per centum of the apportionment under
    one such section to the apportionment under any other of such
    sections if such transfer is requested by the State transportation
    department, and is approved by the Secretary as being in the public
    interest, if he has received satisfactory assurances from such
    State transportation department that the purposes of the program
    from which such funds are to be transferred have been met. A State
    may transfer not to exceed 50 percent of the State's apportionment
    under section 144 in any fiscal year to the apportionment of such
    State under subsection (b)(1) or subsection (b)(3) of this section.
    Any transfer to subsection (b)(3) shall not be subject to section
    133(d). Nothing in this subsection authorizes the transfer of any
    amount apportioned from the Highway Trust Fund to any apportionment
    the funds for which were not from the Highway Trust Fund, and
    nothing in this subsection authorizes the transfer of any amount
    apportioned from funds not from the Highway Trust Fund to any
    apportionment the funds for which were from the Highway Trust Fund.
      (h) Recreational Trails Program. - 
        (1) Administrative costs. - Before apportioning sums authorized
      to be appropriated to carry out the recreational trails program
      under section 206, the Secretary shall deduct for administrative,
      research, technical assistance, and training expenses for such
      program $840,000 for each of fiscal years 2005 through 2009. The
      Secretary may enter into contracts with for-profit organizations
      or contracts, partnerships, or cooperative agreements with other
      government agencies, institutions of higher learning, or
      nonprofit organizations to perform these tasks.
        (2) Apportionment to the states. - The Secretary shall
      apportion the sums authorized to be appropriated for expenditure
      on the recreational trails program for each fiscal year, among
      the States in the following manner:
          (A) 50 percent of that amount shall be apportioned equally
        among eligible States.
          (B) 50 percent of that amount shall be apportioned among
        eligible States in amounts proportionate to the degree of non-
        highway recreational fuel use in each of those States during
        the preceding year.

        (3) Eligible state defined. - In this section, the term
      "eligible State" means a State that meets the requirements of
      section 206(c).

      (i) Audits of Highway Trust Fund. - From administrative funds
    made available under subsection (a), the Secretary may reimburse
    the Office of Inspector General of the Department of Transportation
    for the conduct of annual audits of financial statements in
    accordance with section 3521 of title 31.
      (j) Report to Congress. - The Secretary shall submit to Congress
    a report, and also make such report available to the public in a
    user-friendly format via the Internet, for each fiscal year on - 
        (1) the amount obligated, by each State, for Federal-aid
      highways and highway safety construction programs during the
      preceding fiscal year;
        (2) the balance, as of the last day of the preceding fiscal
      year, of the unobligated apportionment of each State by fiscal
      year under this section and sections 105 and 144;
        (3) the balance of unobligated sums available for expenditure
      at the discretion of the Secretary for such highways and programs
      for the fiscal year; and
        (4) the rates of obligation of funds apportioned or set aside
      under this section and sections 105, 133, and 144, according to -
      
          (A) program;
          (B) funding category or subcategory;
          (C) type of improvement;
          (D) State; and
          (E) sub-State geographic area, including urbanized and rural
        areas, on the basis of the population of each such area.

      (k) Transfer of Highway and Transit Funds. - 
        (1) Transfer of highway funds for transit projects. - 
          (A) In general. - Subject to subparagraph (B), funds made
        available for transit projects or transportation planning under
        this title may be transferred to and administered by the
        Secretary in accordance with chapter 53 of title 49.
          (B) Non-federal share. - The provisions of this title
        relating to the non-Federal share shall apply to the funds
        transferred under subparagraph (A).

        (2) Transfer of transit funds for highway projects. - 
          (A) In general. - Subject to subparagraph (B), funds made
        available for highway projects or transportation planning under
        chapter 53 of title 49 may be transferred to and administered
        by the Secretary in accordance with this title.
          (B) Non-federal share. - The provisions of chapter 53 of
        title 49 relating to the non-Federal share shall apply to funds
        transferred under subparagraph (A).

        (3) Transfer of funds among states or to federal highway
      administration. - 
          (A) In general. - Subject to subparagraphs (B) and (C), the
        Secretary may, at the request of a State, transfer funds
        apportioned or allocated under this title to the State to
        another State, or to the Federal Highway Administration, for
        the purpose of funding one or more projects that are eligible
        for assistance with funds so apportioned or allocated.
          (B) Apportionment. - The transfer shall have no effect on any
        apportionment of funds to a State under this section or section
        105 or 144.
          (C) Surface transportation program. - Funds that are
        apportioned or allocated to a State under subsection (b)(3) and
        attributed to an urbanized area of a State with a population of
        over 200,000 individuals under section 133(d)(3) may be
        transferred under this paragraph only if the metropolitan
        planning organization designated for the area concurs, in
        writing, with the transfer request.

        (4) Transfer of obligation authority. - Obligation authority
      for funds transferred under this subsection shall be transferred
      in the same manner and amount as the funds for the projects that
      are transferred under this subsection.

      (l) Effect of Certain Delay in Deposits Into Highway Trust Fund. -
     Notwithstanding any other provision of law, deposits into the
    Highway Trust Fund resulting from the application of section 901(e)
    of the Taxpayer Relief Act of 1997 (111 Stat. 872) shall not be
    taken into account in determining the apportionments and
    allocations that any State shall be entitled to receive under the
    Transportation Equity Act for the 21st Century and this title.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 889; Pub. L. 86-70, Sec.
    21(e)(2), June 25, 1959, 73 Stat. 146; Pub. L. 86-657, Sec. 8(g),
    July 14, 1960, 74 Stat. 525; Pub. L. 87-866, Sec. 10(a), Oct. 23,
    1962, 76 Stat. 1148; Pub. L. 88-157, Secs. 2, 3, Oct. 24, 1963, 77
    Stat. 276; Pub. L. 88-423, Sec. 4(a), Aug. 13, 1964, 78 Stat. 397;
    Pub. L. 89-574, Sec. 4(b), Sept. 13, 1966, 80 Stat. 767; Pub. L. 90-
    495, Sec. 4(b), Aug. 23, 1968, 82 Stat. 816; Pub. L. 91-605, title
    I, Secs. 104(b), 106(c), Dec. 31, 1970, 84 Stat. 1714, 1717; Pub.
    L. 93-87, title I, Secs. 106(b), 111(a), 112, title II, Sec. 227,
    Aug. 13, 1973, 87 Stat. 254, 256, 257, 292; Pub. L. 94-280, title
    I, Secs. 106(b), 107(b), 112(a)-(g), 113(a), title II, Sec. 206,
    May 5, 1976, 90 Stat. 429, 430, 433-435, 453; Pub. L. 95-599, title
    I, Secs. 108-110, 116(b), Nov. 6, 1978, 92 Stat. 2695, 2696, 2699;
    Pub. L. 97-134, Secs. 4(c), 5, Dec. 29, 1981, 95 Stat. 1700; Pub.
    L. 100-17, title I, Secs. 102(b)(1), (2), 114(e)(1), Apr. 2, 1987,
    101 Stat. 135, 153; Pub. L. 100-202, Sec. 101(l) [title III, Sec.
    347(a)], Dec. 22, 1987, 101 Stat. 1329-358, 1329-388; Pub. L. 101-
    516, title III, Sec. 333 [part], Nov. 5, 1990, 104 Stat. 2184;
    Pub. L. 102-143, title III, Sec. 333(c), Oct. 28, 1991, 105 Stat.
    947; Pub. L. 102-240, title I, Secs. 1001(c)-(e), 1003(e), 1006(e),
    (f), 1007(b), 1008(b), 1009(d), 1010, 1024(b), (c)(2), 1028(g),
    Dec. 18, 1991, 105 Stat. 1915, 1916, 1926, 1930, 1932, 1934, 1962,
    1968; Pub. L. 104-59, title III, Secs. 302, 319(a)(2), 337(f),
    title IV, Sec. 410, Nov. 28, 1995, 109 Stat. 578, 589, 603, 633;
    Pub. L. 105-130, Secs. 4(a)(3), 5(b), Dec. 1, 1997, 111 Stat. 2556;
    Pub. L. 105-178, title I, Secs. 1103(a)-(k), (o), 1212(a)(2)(A),
    June 9, 1998, 112 Stat. 118-125, 193; Pub. L. 105-206, title IX,
    Sec. 9002(c)(3), July 22, 1998, 112 Stat. 835; Pub. L. 106-159,
    title I, Sec. 101(b), Dec. 9, 1999, 113 Stat. 1751; Pub. L. 108-
    178, Sec. 4(d), Dec. 15, 2003, 117 Stat. 2641; Pub. L. 109-59,
    title I, Secs. 1103, 1107-1109(a), 1118(b)(2), 1401(a)(3)(A), (b),
    Aug. 10, 2005, 119 Stat. 1161, 1166-1168, 1181, 1225.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsec. (b)(2)(B), (C), is act
    July 14, 1955, ch. 360, 69 Stat. 322, as amended. Subparts 1, 2,
    and 3 of part D of title I of the Act are classified to subparts 1
    (Sec. 7501 et seq.), 2 (Sec. 7511 et seq.), and 3 (Sec. 7512 et
    seq.), respectively, of part D of subchapter I of chapter 85 of
    Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7401 of Title 42 and Tables.
      The date of enactment of this clause, referred to in subsec.
    (d)(2)(B)(i), is the date of enactment of Pub. L. 105-178, which
    was approved June 9, 1998.
      Section 901(e) of the Taxpayer Relief Act of 1997, referred to in
    subsec. (l), is section 901(e) of Pub. L. 105-34, title IX, Aug. 5,
    1997, 111 Stat. 872, which is set out as a note under section 6302
    of Title 26, Internal Revenue Code.
      The Transportation Equity Act for the 21st Century, referred to
    in subsec. (l), is Pub. L. 105-178, June 9, 1998, 112 Stat. 107, as
    amended. For complete classification of this Act to the Code, see
    section 1(a) of Pub. L. 105-178, set out as a Short Title of 1998
    Amendment note under section 101 of this title and Tables.

-COD-
                               CODIFICATION                           
      Another section 1003(e) of Pub. L. 102-240, as added by Pub. L.
    105-130, Sec. 2(d), is not classified to the Code.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 1103(a)(1), reenacted
    heading without change and amended text of subsec. (a) generally,
    substituting provisions authorizing appropriations for
    administrative expenses of the Federal Highway Administration and
    provisions relating to uses and availability of funds for
    provisions relating to deduction for administrative activities from
    sums made available under certain programs and provisions relating
    to consideration of unobligated balances, availability of sums, and
    limitation on transferability.
      Subsec. (b). Pub. L. 109-59, Secs. 1103(a)(2)(A), 1401(b)(1), in
    introductory provisions, substituted "the set-asides authorized by
    subsections (d) and (f) and section 130(e)" for "the deduction
    authorized by subsection (a) and the set-aside authorized by
    subsection (f)" and inserted "the highway safety improvement
    program," after "Improvement program,".
      Subsec. (b)(1)(A). Pub. L. 109-59, Secs. 1103(b), (c),
    1118(b)(2), in introductory provisions, substituted "$40,000,000
    for each of fiscal years 2005 and 2006 and $50,000,000 for each of
    fiscal years 2007 through 2009 for the territorial highway program
    under section 215, $30,000,000 for each of fiscal years 2005
    through 2009" for "$36,400,000 for each fiscal year to the Virgin
    Islands, Guam, American Samoa, and the Commonwealth of Northern
    Mariana Islands, $18,800,000 for each of fiscal years 1998 through
    2002".
      Subsec. (b)(2)(B)(i). Pub. L. 109-59, Sec. 1103(d)(1)(A), added
    cl. (i) and struck out former cl. (i) which read as follows: "0.8
    if - 
        "(I) at the time of the apportionment, the area is a
      maintenance area; or
        "(II) at the time of the apportionment, the area is classified
      as a submarginal ozone nonattainment area under the Clean Air Act
      (42 U.S.C. 7401 et seq.);".
      Subsec. (b)(2)(B)(viii). Pub. L. 109-59, Sec. 1103(d)(1)(B)-(D),
    added cl. (viii).
      Subsec. (b)(2)(C). Pub. L. 109-59, Sec. 1103(d)(2), added subpar.
    (C) and struck out former subpar. (C), which required that the
    weighted nonattainment or maintenance area population of the area
    for a carbon monoxide nonattainment area be further multiplied by a
    factor of 1.2 and that the weighted nonattainment or maintenance
    area population of the area for a carbon monoxide maintenance area
    be further multiplied by a factor of 1.1.
      Subsec. (b)(5). Pub. L. 109-59, Sec. 1401(b)(2), added par. (5).
      Subsec. (d)(1). Pub. L. 109-59, Sec. 1103(f)(1), added par. (1)
    and struck out heading and text of former par. (1). Text read as
    follows: "Before making an apportionment under subsection (b)(3) of
    this section for a fiscal year, the Secretary shall set aside
    $500,000 for such fiscal year for carrying out a public information
    and education program to help prevent and reduce motor vehicle
    accidents, injuries, and fatalities and to improve driver
    performance at railway-highway crossings."
      Subsec. (d)(2). Pub. L. 109-59, Sec. 1103(f)(1), reenacted
    heading without change.
      Subsec. (d)(2)(A). Pub. L. 109-59, Sec. 1103(f)(1), added subpar.
    (A) and struck out heading and text of former subpar. (A). Text
    read as follows: "Before making an apportionment of funds under
    subsection (b)(3) for a fiscal year, the Secretary shall set aside
    $5,250,000 of the funds made available for the surface
    transportation program for the fiscal year for elimination of
    hazards of railway-highway crossings."
      Subsec. (d)(2)(E). Pub. L. 109-59, Sec. 1103(f)(2), substituted
    "Of such set-aside, not less than $250,000 for fiscal year 2005,
    $1,000,000 for fiscal year 2006, $1,750,000 for fiscal year 2007,
    $2,250,000 for fiscal year 2008, and $3,000,000 for fiscal year
    2009" for "Not less than $250,000 of such set-aside" and struck out
    "per fiscal year" after "shall be available".
      Subsec. (e)(1). Pub. L. 109-59, Sec. 1103(a)(2)(B), struck out ",
    and also the sums which he has deducted for administration pursuant
    to subsection (a) of this section" after "such fiscal year".
      Subsec. (f)(1). Pub. L. 109-59, Sec. 1107(1), added par. (1) and
    struck out heading and text of former par. (1). Text read as
    follows: "On October 1 of each fiscal year, the Secretary, after
    making the deduction authorized by subsection (a) of this section,
    shall set aside not to exceed 1 percent of the remaining funds
    authorized to be appropriated for expenditure upon programs
    authorized under this title, for the purpose of carrying out the
    requirements of section 134 of this title."
      Subsec. (f)(2). Pub. L. 109-59, Sec. 1107(2), substituted
    "percent" for "per centum".
      Subsec. (f)(3). Pub. L. 109-59, Sec. 1107(3), designated first
    sentence as subpar. (A), inserted heading, and substituted subpar.
    (B) for second sentence which read as follows: "These funds shall
    be matched in accordance with section 120(b) unless the Secretary
    determines that the interests of the Federal-aid highway program
    would be best served without such matching."
      Subsec. (f)(4). Pub. L. 109-59, Sec. 1107(4), designated existing
    provisions as subpar. (A), inserted heading, and added subpar. (B).
      Subsec. (g). Pub. L. 109-59, Sec. 1401(a)(3)(A), substituted
    "sections 130 and 144" for "sections 130, 144, and 152 of this
    title".
      Subsec. (h)(1). Pub. L. 109-59, Sec. 1109(a)(1), substituted
    "Before apportioning sums authorized to be appropriated to carry
    out the recreational trails program under section 206, the
    Secretary shall deduct for administrative, research, technical
    assistance, and training expenses for such program $840,000 for
    each of fiscal years 2005 through 2009." for "Whenever an
    apportionment is made of the sums authorized to be appropriated to
    carry out the recreational trails program under section 206, the
    Secretary shall deduct an amount, not to exceed 1 1/2  percent of
    the sums authorized, to cover the cost to the Secretary for
    administration of and research and technical assistance under the
    recreational trails program and for administration of the National
    Recreational Trails Advisory Committee."
      Subsec. (h)(2). Pub. L. 109-59, Sec. 1109(a)(2), substituted "The
    Secretary shall apportion the sums" for "After making the deduction
    authorized by paragraph (1) of this subsection, the Secretary shall
    apportion the remainder of the sums" in introductory provisions.
      Subsec. (i). Pub. L. 109-59, Sec. 1103(a)(2)(C), substituted
    "made available" for "deducted".
      Subsec. (j). Pub. L. 109-59, Sec. 1103(e), substituted "submit to
    Congress a report, and also make such report available to the
    public in a user-friendly format via the Internet," for "submit to
    Congress a report" in introductory provisions.
      Subsec. (k). Pub. L. 109-59, Sec. 1108, reenacted heading without
    change and amended text of subsec. (k) generally. Prior to
    amendment, text read as follows:
      "(1) Transfer of highway funds. - Funds made available under this
    title and transferred for transit projects of a type described in
    section 133(b)(2) shall be administered by the Secretary in
    accordance with chapter 53 of title 49, except that the provisions
    of this title relating to the non-Federal share shall apply to the
    transferred funds.
      "(2) Transfer of transit funds. - Funds made available under
    chapter 53 of title 49 and transferred for highway projects shall
    be administered by the Secretary in accordance with this title,
    except that the provisions of such chapter relating to the non-
    Federal share shall apply to the transferred funds.
      "(3) Transfer of obligation authority. - Obligation authority
    provided for projects described in paragraphs (1) and (2) shall be
    transferred in the same manner and amount as the funds for the
    projects are transferred."
      2003 - Subsec. (a)(1). Pub. L. 108-178 substituted "section 14501
    of title 40" for "section 201 of the Appalachian Regional
    Development Act of 1965 (40 U.S.C. App.)" in introductory
    provisions.
      1999 - Subsec. (a)(1). Pub. L. 106-159, Sec. 101(b)(1)-(3),
    substituted "exceed - " for "exceed 1 1/2  percent of all sums so
    made available, as the Secretary determines necessary - " in
    introductory provisions, added introductory provisions of subpar.
    (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii),
    respectively, of subpar. (A), substituted "; and" for the period at
    end of cl. (ii), and added subpar. (B).
      Subsec. (a)(4). Pub. L. 106-159, Sec. 101(b)(4), which directed
    amendment of subsec. (a)(1) by adding par. (4) at the end, was
    executed by adding par. (4) at the end of subsec. (a), to reflect
    the probable intent of Congress.
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1103(a), added subsec.
    (a) and struck out former subsec. (a) which read as follows:
    "Whenever an apportionment is made of the sums authorized to be
    appropriated for expenditure on the surface transportation program,
    the congestion mitigation and air quality improvement program, the
    National Highway System, and the Interstate System, the Secretary
    shall deduct a sum, in such amount not to exceed 3 3/4  per centum
    of all sums so authorized as the Secretary may deem necessary for
    administering the provisions of law to be financed from
    appropriations for the Federal-aid systems and for carrying on the
    research authorized by subsections (a) and (b) of section 307 of
    this title. In making such determination, the Secretary shall take
    into account the unexpended balance of any sums deducted for such
    purposes in prior years. The sum so deducted shall be available for
    expenditure from the unexpended balance of any appropriation made
    at any time for expenditure upon the Federal-aid systems, until
    such sum has been expended."
      Subsec. (a)(1). Pub. L. 105-178, Sec. 1103(o)(1), as added by
    Pub. L. 105-206, Sec. 9002(c)(3), struck out "under section 103"
    after "National Highway System program" in introductory provisions.
      Subsec. (b). Pub. L. 105-178, Sec. 1103(b), inserted heading and
    amended text of subsec. (b) generally. Prior to amendment, text
    related to Secretary's apportionment among various States of sums
    authorized to be appropriated for surface transportation program,
    congestion mitigation and air quality improvement program, National
    Highway System, and Interstate System each fiscal year.
      Subsec. (b)(1)(A). Pub. L. 105-178, Sec. 1103(o)(2)(A), as added
    by Pub. L. 105-206, Sec. 9002(c)(3), substituted "1998 through
    2002" for "1999 through 2003".
      Subsec. (b)(4)(B)(i). Pub. L. 105-178, Sec. 1103(o)(2)(B), as
    added by Pub. L. 105-206, Sec. 9002(c)(3), substituted "on
    Interstate System routes open to traffic in each State" for "on
    lanes on Interstate System routes designated under - 
        "(I) section 103;
        "(II) section 139(a) (as in effect on the day before the date
      of enactment of the Transportation Equity Act for the 21st
      Century) before March 9, 1984 (other than routes on toll roads
      not subject to a Secretarial agreement under section 105 of the
      Federal-Aid Highway Act of 1978 (92 Stat. 2692)); and
        "(III) section 139(c) (as in effect on the day before the date
      of enactment of the Transportation Equity Act for the 21st
      Century);
    in each State".
      Subsec. (d)(1). Pub. L. 105-178, Sec. 1103(c)(1), substituted
    "Before making an apportionment under subsection (b)(3) of this
    section for a fiscal year, the Secretary shall set aside $500,000
    for such" for "The Secretary shall expend, from administrative
    funds deducted under subsection (a), $300,000 for each".
      Subsec. (d)(2). Pub. L. 105-178, Sec. 1103(c)(2), added par. (2)
    and struck out former par. (2) which read as follows:
      "(2) Railway-highway crossing hazard elimination in high speed
    rail corridors. - (A) Before making an apportionment of funds under
    subsection (b)(3) for a fiscal year, the Secretary shall set aside
    $5,000,000 of the funds authorized to be appropriated for the
    surface transportation program for such fiscal year for elimination
    of hazards of railway-highway crossings in not to exceed 5 railway
    corridors selected by the Secretary in accordance with the criteria
    set forth in this paragraph.
      "(B) A corridor selected by the Secretary under subparagraph (A)
    must include rail lines where railroad speeds of 90 miles per hour
    are occurring or can reasonably be expected to occur in the
    future."
      Subsec. (d)(3). Pub. L. 105-178, Sec. 1103(c)(2), struck out par.
    (3) which read as follows: "In making the determination required by
    paragraph (2)(A), the Secretary shall consider projected rail
    ridership volumes in such corridors, the percentage of the corridor
    over which a train will be capable of operating at its maximum
    cruise speed taking into account such factors as topography and
    other traffic on the line, projected benefits to nonriders such as
    congestion relief on other modes of transportation serving the
    corridors (including congestion in heavily traveled air passenger
    corridors), the amount of State and local financial support that
    can reasonably be anticipated for the improvement of the line and
    related facilities, and the cooperation of the owner of the right-
    of-way that can reasonably be expected in the operation of high
    speed rail passenger service in such corridors."
      Subsec. (e). Pub. L. 105-178, Sec. 1103(d), inserted heading,
    designated existing provisions as par. (1), inserted heading,
    struck out "(other than under subsection (b)(5) of this section)"
    after "apportioned hereunder" and "and research" before "pursuant
    to subsection (a) of this section" in first sentence, struck out
    second sentence which read "On October 1 of the year preceding the
    fiscal year for which authorized, the Secretary shall certify to
    each of the State highway departments the sums which he has
    apportioned under subsection (b)(5) of this section to each State
    for such fiscal year, and also the sums which he has deducted for
    administration and research pursuant to subsection (a) of this
    section.", realigned margins, and added par. (2).
      Subsec. (e)(1). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii),
    substituted "State transportation departments" for "State highway
    departments".
      Subsec. (e)(2). Pub. L. 105-178, Sec. 1103(o)(3), as added by
    Pub. L. 105-206, Sec. 9002(c)(3), substituted "104, 105, or 144"
    for "104, 144, or 157".
      Subsec. (f). Pub. L. 105-178, Sec. 1103(k)(1), inserted heading.
      Subsec. (f)(1). Pub. L. 105-178, Sec. 1103(k)(2), which directed
    the amendment of par. (1) by striking out " ', except that' and all
    that follows through 'programs' ", was executed by striking out ",
    except that the amount from which such set aside is made shall not
    include funds authorized to be appropriated for the recreational
    trails program" after "section 134 of this title" to reflect the
    probable intent of Congress and the amendment by Pub. L. 105-178,
    Sec. 1103(e)(1). See below.
      Pub. L. 105-178, Sec. 1103(k)(1), (6), inserted heading and
    realigned margins.
      Pub. L. 105-178, Sec. 1103(e)(1), substituted "recreational
    trails program" for "Interstate construction and Interstate
    substitute programs".
      Subsec. (f)(2). Pub. L. 105-178, Sec. 1103(k)(3), (6), inserted
    heading and realigned margins.
      Subsec. (f)(3). Pub. L. 105-178, Sec. 1103(e)(2), (k)(4), (6),
    inserted heading, substituted "section 120(b)" for "section 120(j)
    of this title", and realigned margins.
      Subsec. (f)(4). Pub. L. 105-178, Sec. 1103(k)(5), (6), inserted
    heading and realigned margins.
      Subsec. (f)(5). Pub. L. 105-178, Sec. 1103(k)(6), realigned
    margins.
      Subsec. (g). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
    "State transportation department" for "State highway department"
    wherever appearing.
      Subsec. (h). Pub. L. 105-178, Sec. 1103(f), amended heading and
    text of subsec. (h) generally. Prior to amendment, text read as
    follows: "In addition to funds made available from the National
    Recreational Trails Trust Fund, the Secretary shall obligate, from
    administrative funds (contract authority) deducted under subsection
    (a), to carry out section 1302 of the Intermodal Surface
    Transportation Efficiency Act of 1991 (16 U.S.C. 1261) $15,000,000
    for each of fiscal years 1996 and 1997 and $7,500,000 for the
    period of October 1, 1997, through March 31, 1998."
      Subsec. (i). Pub. L. 105-178, Sec. 1103(g), added subsec. (i) and
    struck out former subsec. (i) which read as follows:
      "(i) Woodrow Wilson Memorial Bridge. - 
        "(1) Expenditure. - From any available administrative funds
      deducted under subsection (a), the Secretary shall obligate such
      sums as are necessary for each of fiscal years 1996 and 1997, and
      for the period of October 1, 1997, through March 31, 1998, for
      the rehabilitation of the Woodrow Wilson Memorial Bridge and for
      environmental studies and documentation, planning, preliminary
      engineering and design, and final engineering for a new crossing
      of the Potomac River as part of the Project, as defined by
      section 404 of the Woodrow Wilson Memorial Bridge Authority Act
      of 1995.
        "(2) Federal share. - The Federal share of the cost of any
      project funded with amounts expended under paragraph (1) shall be
      100 percent."
      Subsec. (j). Pub. L. 105-178, Sec. 1103(h), added subsec. (j) and
    struck out former subsec. (j) which read as follows: "The Secretary
    shall submit to Congress not later than the 20th day of each
    calendar month which begins after the date of enactment of this
    subsection a report on (1) the amount of obligation, by State, for
    Federal-aid highways and the highway safety construction programs
    during the preceding calendar month, (2) the cumulative amount of
    obligation, by State, for that fiscal year, (3) the balance as of
    the last day of such preceding month of the unobligated
    apportionment of each State by fiscal year, and (4) the balance of
    unobligated sums available for expenditure at the discretion of the
    Secretary for such highways and programs for that fiscal year."
      Subsec. (k). Pub. L. 105-178, Sec. 1103(i), added subsec. (k).
      Subsec. (l). Pub. L. 105-178, Sec. 1103(j), added subsec. (l).
      1997 - Subsec. (h). Pub. L. 105-130, Sec. 5(b), added Pub. L. 102-
    240, Sec. 1003(e). See 1991 Amendment note below.
      Subsec. (i)(1). Pub. L. 105-130, Sec. 4(a)(3), inserted ", and
    for the period of October 1, 1997, through March 31, 1998," after
    "fiscal years 1996 and 1997".
      1995 - Subsec. (b)(2). Pub. L. 104-59, Sec. 319(a)(2), in second
    sentence of introductory provisions substituted "was a
    nonattainment area (as defined in section 171(2) of the Clean Air
    Act (42 U.S.C. 7501(2))) for ozone during any part of fiscal year
    1994" for "is a nonattainment area (as defined in the Clean Air
    Act) for ozone" and in first sentence of closing provisions
    substituted "If the area was also" for "If the area is also", and
    inserted "during any part of fiscal year 1994" after "area for
    carbon monoxide".
      Subsec. (g). Pub. L. 104-59, Sec. 302, substituted "exceed 50
    percent" for "exceed 40 percent" in third sentence.
      Subsecs. (h) to (j). Pub. L. 104-59, Secs. 337(f), 410, added
    subsecs. (h) and (i) and redesignated former subsec. (h) as (j).
      1991 - Subsec. (a). Pub. L. 102-240, Sec. 1007(b)(2)(A),
    substituted "on the surface transportation program, the congestion
    mitigation and air quality improvement program, the National
    Highway System, and the Interstate System" for "upon the Federal-
    aid systems" and was executed by making the substitution for the
    first reference to "upon the Federal-aid systems".
      Subsec. (a)(2), (3). Pub. L. 102-143, Sec. 333(c), repealed Pub.
    L. 101-516, Sec. 333. See 1990 Amendment note below.
      Subsec. (b). Pub. L. 102-240, Sec. 1007(b)(2), in introductory
    provisions, substituted "paragraph (5)(A)" for "paragraphs (4) and
    (5)", "and section 307" for "and sections 118(c) and 307(d)", and
    "on the surface transportation program, the congestion mitigation
    and air quality improvement program, the National Highway System,
    and the Interstate System" for "upon the Federal-aid systems".
      Pub. L. 102-143, Sec. 333(c), repealed Pub. L. 101-516, Sec. 333.
    See 1990 Amendment note below.
      Subsec. (b)(1). Pub. L. 102-240, Sec. 1006(e), amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "For the
    Federal-aid primary system (including extensions in urban areas and
    priority primary routes) - 
        "Two-thirds according to the following formula: one-third in
      the ratio which the area of each State bears to the total area of
      all the States, one-third in the ratio which the population of
      rural areas of each State bears to the total population of rural
      areas of all the States as shown by the latest available Federal
      census, and one-third in the ratio which the mileage of rural
      delivery routes and intercity mail routes where service is
      performed by motor vehicles in each State bear to the total
      mileage of rural delivery and intercity mail routes where service
      is performed by motor vehicles, as shown by a certificate of the
      Postmaster General, which he is directed to make and furnish
      annually to the Secretary; and one-third as follows: in the ratio
      which the population in urban areas in each State bears to the
      total population in urban areas in all the States as shown by the
      latest Federal census. No State (other than the District of
      Columbia) shall receive less than one-half of 1 per centum of
      each year's apportionment."
      Subsec. (b)(2). Pub. L. 102-240, Sec. 1008(b), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "For the
    Federal-aid secondary system:
        "One-third in the ratio which the area of each State bears to
      the total area of all the States; one-third in the ratio which
      the population of rural areas of each State bears to the total
      population of rural areas of all the States as shown by the
      latest available Federal census; and one-third in the ratio which
      the mileage of rural delivery and intercity mail routes where
      service is performed by motor vehicles, certified as above
      provided, in each State bears to the total mileage of rural
      delivery and intercity mail routes where service is performed by
      motor vehicles in all the States. No State (other than the
      District of Columbia) shall receive less than one-half of 1 per
      centum of each year's apportionment."
      Subsec. (b)(3). Pub. L. 102-240, Sec. 1007(b)(1), which directed
    that par. (3) "is amended to read as follows", was executed by
    adding par. (3) to reflect the probable intent of Congress, because
    prior par. (3) had been repealed. See 1976 Amendment note below.
      Subsec. (b)(5)(A). Pub. L. 102-240, Sec. 1001(c)-(e), substituted
    "1960 through 1996" for "1960 through 1990" wherever appearing, and
    "As soon as practicable after the date of the enactment of the
    Intermodal Surface Transportation Efficiency Act of 1991 for fiscal
    year 1992, and on October 1 of each of fiscal years 1993, 1994, and
    1995, the Secretary shall make the apportionment required by this
    subparagraph for all States (other than Massachusetts) using the
    Federal share of the last estimate submitted to Congress, adjusted
    to reflect (i) all previous credits, apportionments of interstate
    construction funds, and lapses of previous apportionments of
    interstate construction funds, (ii) previous withdrawals of
    interstate segments, (iii) previous allocations of interstate
    discretionary funds, and (iv) transfers of interstate construction
    funds" for "On October 1 of each of fiscal years 1988, 1989, 1990,
    and 1991, whenever Congress has not approved a cost estimate under
    this subparagraph, the Secretary shall make the apportionment
    required by this subparagraph using the Federal share of the last
    estimate submitted to Congress, adjusted to reflect (i) all
    previous credits, apportionments of interstate construction funds
    and lapses of previous apportionments of interstate construction
    funds, (ii) previous withdrawals of interstate segments, (iii)
    previous allocations of interstate discretionary funds, and (iv)
    transfers of interstate construction funds", and inserted before
    last sentence: "Notwithstanding any other provision of this
    subparagraph or any cost estimate approved or adjusted pursuant to
    this subparagraph, subject to the deductions under this section,
    the amounts to be apportioned to the State of Massachusetts
    pursuant to this subparagraph for fiscal years 1993, 1994, 1995,
    and 1996 shall be as follows: $450,000,000 for fiscal year 1993,
    $800,000,000 for fiscal year 1994, $800,000,000 for fiscal year
    1995, and $500,000,000 for fiscal year 1996."
      Subsec. (b)(5)(B). Pub. L. 102-240, Sec. 1009(d), inserted "and
    routes on the Interstate System designated under section 139(a) of
    this title before March 9, 1984," in two places.
      Subsec. (c). Pub. L. 102-240, Sec. 1006(f), added subsec. (c) and
    struck out former subsec. (c) which read as follows:
      "(1) Subject to subsection (d), the amount apportioned in any
    fiscal year, commencing with the apportionment of funds authorized
    to be appropriated under subsection (a) of section 102 of the
    Federal-Aid Highway Act of 1956 (70 Stat. 374), to each State in
    accordance with paragraph (1) or (2) of subsection (b) of this
    section may be transferred from the apportionment under one
    paragraph to the apportionment under the other paragraph if such a
    transfer is requested by the State highway department and is
    approved by the Governor of such State and the Secretary as being
    in the public interest.
      "(2) Subject to subsection (d), the amount apportioned in any
    fiscal year to each State in accordance with paragraph (1) or (6)
    of subsection (b) of this section may be transferred from the
    apportionment under one paragraph to the apportionment under the
    other paragraph if such transfer is requested by the State highway
    department and is approved by the Governor of such State and the
    Secretary as being in the public interest. Funds apportioned in
    accordance with paragraph (6) of subsection (b) of this section
    shall not be transferred from their allocation to any urbanized
    area of two hundred thousand population or more under section 150
    of this title, without the approval of the local officials of such
    urbanized area."
      Pub. L. 102-143, Sec. 333(c), repealed Pub. L. 101-516, Sec. 333.
    See 1990 Amendment note below.
      Subsec. (d). Pub. L. 102-240, Sec. 1010, amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "Each
    transfer of apportionments under subsection (c) of this section
    shall be subject to the following conditions:
        "(1) In the case of transfers under paragraph (1), the total of
      all transfers during any fiscal year to any apportionment shall
      not increase the original amount of such apportionment for such
      fiscal year by more than 50 per centum. Not more than 50 per
      centum of the original amount of an apportionment for any fiscal
      year shall be transferred to other apportionments.
        "(2) In the case of transfers under paragraph (2), the total of
      all transfers during any fiscal year to any apportionment shall
      not increase the original amount of such apportionment for such
      fiscal year by more than 50 per centum. Not more than 50 per
      centum of the original amount of an apportionment for any fiscal
      year shall be transferred to other apportionments.
        "(3) No transfer shall be made from an apportionment during any
      fiscal year if during such fiscal year a transfer has been made
      to such apportionment.
        "(4) No transfer shall be made to an apportionment during any
      fiscal year if during such fiscal year a transfer has been made
      from such apportionment."
      Subsec. (f)(1). Pub. L. 102-240, Sec. 1024(b)(1)-(3), substituted
    "1 percent" for "one-half per centum", "programs authorized under
    this title" for "the Federal-aid systems", and "except that the
    amount from which such set aside is made shall not include funds
    authorized to be appropriated for the Interstate construction and
    Interstate substitute programs" for "except that in the case of
    funds authorized for apportionment on the Interstate System, the
    Secretary shall set aside that portion of such funds (subject to
    the overall limitation of one-half of 1 per centum) on October 1 of
    the year next preceding the fiscal year for which such funds are
    authorized for such System".
      Subsec. (f)(3). Pub. L. 102-240, Sec. 1024(b)(4), (c)(2),
    substituted "120(j)" for "120" and struck out "designated by the
    State as being" after "organizations".
      Subsec. (f)(4). Pub. L. 102-240, Sec. 1024(b)(5), inserted
    provisions relating to attainment of air quality standards and
    provisions relating to other factors necessary to provide
    appropriate distribution of funds to carry out section 134 and
    other requirements of Federal law.
      Subsec. (f)(5). Pub. L. 102-240, Sec. 1024(b)(6), added par. (5).
      Subsec. (g). Pub. L. 102-240, Sec. 1028(g), inserted before last
    sentence "A State may transfer not to exceed 40 percent of the
    State's apportionment under section 144 in any fiscal year to the
    apportionment of such State under subsection (b)(1) or subsection
    (b)(3) of this section. Any transfer to subsection (b)(3) shall not
    be subject to section 133(d)."
      Subsec. (h). Pub. L. 102-240, Sec. 1003(e), as added by Pub. L.
    105-130, Sec. 5(b), inserted before period at end "and $7,500,000
    for the period of October 1, 1997, through March 31, 1998".
      1990 - Subsec. (a)(2), (3). Pub. L. 101-516, Sec. 333 [part],
    which added pars. (2) and (3) to read as follows:
      "(2) The Secretary shall withhold 10 per centum (including any
    amounts withheld under paragraph (1)) of the amount required to be
    apportioned to any State under each of paragraphs (1), (2), (5),
    and (6) of section 104(b) on the first day of each fiscal year
    which begins after the fourth full calendar year following the date
    of enactment of this section if the State does not meet the
    requirements of paragraph (3) on the first day of such fiscal year.
      "(3) A State meets the requirements of this paragraph if - 
        "(A) the State has enacted and is enforcing a law that requires
      in all circumstances, or requires in the absence of compelling
      circumstances warranting an exception - 
          "(i) the revocation, or suspension for at least 6 months, of
        the driver's license of any individual who is convicted, after
        the enactment of such law, of - 
            "(I) any violation of the Controlled Substances Act, or
            "(II) any drug offense, and
          "(ii) a delay in the issuance or reinstatement of a driver's
        license to such an individual for at least 6 months after the
        individual applies for the issuance or reinstatement of a
        driver's license if the individual does not have a driver's
        license, or the driver's license of the individual is
        suspended, at the time the individual is so convicted, or
        "(B) The Governor of the State - 
          "(i) submits to the Secretary no earlier than the adjournment
        sine die of the first regularly scheduled session of the
        State's legislature which begins after the date of enactment of
        this section a written certification stating that he is opposed
        to the enactment or enforcement in his State of a law described
        in subparagraph (A) relating to the revocation, suspension,
        issuance, or reinstatement of driver's licenses to convicted
        drug offenders; and
          "(ii) submits to the Secretary a written certification that
        the legislature (including both Houses where applicable) has
        adopted a resolution expressing its opposition to a law
        described in clause (i)."

    was repealed by Pub. L. 102-143, Sec. 333(c). See Construction of
    1990 Amendment note below and section 159(a)(2), (3) of this title.
      Subsec. (b). Pub. L. 101-516, Sec. 333 [part], which amended
    subsec. (b) generally to read as follows:
      "(1)(A) Any funds withheld under subsection (a) from
    apportionment to any State on or before September 30, 1995, shall
    remain available for apportionment to such State as follows:
        "(i) If such funds would have been apportioned under section
      104(b)(5)(A) but for this section, such funds shall remain
      available until the end of the fiscal year for which such funds
      are authorized to be appropriated.
        "(ii) If such funds would have been apportioned under section
      104(b)(5)(B) but for this section, such funds shall remain
      available until the end of the second fiscal year following the
      fiscal year for which such funds are authorized to be
      appropriated.
        "(iii) If such funds would have been apportioned under
      paragraph (1), (2), or (6) of section 104(b) but for this
      section, such funds shall remain available until the end of the
      third fiscal year following the fiscal year for which such funds
      are authorized to be appropriated.
      "(B) No funds withheld under this section from apportionment to
    any State after September 30, 1995, shall be available for
    apportionment to such State.
      "(2) If, before the last day of the period for which funds
    withheld under subsection (a) from apportionment are to remain
    available for apportionment to a State under paragraph (1), the
    State meets the requirements of subsection (a)(3), the Secretary
    shall, on the first day on which the State meets the requirements
    of subsection (a)(3), apportion to the State the funds withheld
    under subsection (a) that remain available for apportionment to the
    State.
      "(3) Any funds apportioned pursuant to paragraph (2) shall remain
    available for expenditure as follows:
        "(A) Funds originally apportioned under section 104(b)(5)(A)
      shall remain available until the end of the fiscal year
      succeeding the fiscal year in which such funds are apportioned
      under paragraph (2).
        "(B) Funds originally apportioned under paragraph (1), (2),
      (5)(B), or (6) of section 104(b) shall remain available until the
      end of the third fiscal year succeeding the fiscal year in which
      such funds are so apportioned.
    Sums not obligated at the end of such period shall lapse or, in the
    case of funds apportioned under section 104(b)(5), shall lapse and
    be made available by the Secretary for projects in accordance with
    section 118(b).
      "(4) If, at the end of the period for which funds withheld under
    subsection (a) from apportionment are available for apportionment
    to a State under paragraph (1), the State does not meet the
    requirements of subsection (a)(3), such funds shall lapse or, in
    the case of funds withheld from apportionment under section
    104(b)(5), such funds shall lapse and be made available by the
    Secretary for projects in accordance with section 118(b)."

    was repealed by Pub. L. 102-143, Sec. 333(c). See Construction of
    1990 Amendment note below and section 159(b) of this title.
      Subsec. (c). Pub. L. 101-516, Sec. 333 [part], which amended
    subsec. (c) generally to read as follows: "For purposes of this
    section - 
        "(1) The term 'driver's license' means a license issued by a
      State to any individual that authorizes the individual to operate
      a motor vehicle on highways.
        "(2) The term 'drug offense' means any criminal offense which
      proscribes - 
          "(A) the possession, distribution, manufacture, cultivation,
        sale, transfer, or the attempt or conspiracy to possess,
        distribute, manufacture, cultivate, sell, or transfer any
        substance the possession of which is prohibited under the
        Controlled Substances Act, or
          "(B) the operation of a motor vehicle under the influence of
        such a substance.
        "(3) The term 'convicted' includes adjudicated under juvenile
      proceedings."

    was repealed by Pub. L. 102-143, Sec. 333(c). See Construction of
    1990 Amendment note below and section 159(c) of this title.
      1987 - Subsec. (b). Pub. L. 100-17, Sec. 114(e)(1), inserted "and
    the set asides authorized by subsection (f) of this section and
    sections 118(c) and 307(d) of this title" after "subsection (a) of
    this section" in introductory provisions.
      Subsec. (b)(5)(A). Pub. L. 100-17, Sec. 102(b)(1), inserted after
    "September 30, 1990." the following: "The Secretary shall make a
    revised estimate of the cost of completing the then designated
    Interstate System after taking into account all previous
    apportionments made under this section in the same manner as stated
    above, and transmit the same to the Senate and the House of
    Representatives within 10 days subsequent to January 2, 1989. Upon
    the approval by Congress, the Secretary shall use the Federal share
    of such approved estimates in making apportionments for the fiscal
    years 1991 and 1992. The Secretary shall make a revised estimate of
    the cost of completing the then designated Interstate System after
    taking into account all previous apportionments made under this
    section in the same manner as stated above, and transmit the same
    to the Senate and the House of Representatives within 10 days
    subsequent to January 2, 1991. Upon the approval by Congress, the
    Secretary shall use the Federal share of such approved estimates in
    making apportionments for the fiscal year 1993."
      Pub. L. 100-17, Sec. 102(b)(2), inserted at end "On October 1 of
    each of fiscal years 1988, 1989, 1990, and 1991, whenever Congress
    has not approved a cost estimate under this subparagraph, the
    Secretary shall make the apportionment required by this
    subparagraph using the Federal share of the last estimate submitted
    to Congress, adjusted to reflect (i) all previous credits,
    apportionments of interstate construction funds and lapses of
    previous apportionments of interstate construction funds, (ii)
    previous withdrawals of interstate segments, (iii) previous
    allocations of interstate discretionary funds, and (iv) transfers
    of interstate construction funds. If, before apportionment of funds
    under this subparagraph for any fiscal year, the Secretary and a
    State highway department agree that a portion of the apportionment
    to such State is not needed for such fiscal year, the amount of
    such portion shall be made available under section 118(b)(2) of
    this title."
      Subsec. (g). Pub. L. 100-202 substituted "sections 130, 144, and
    152 of this title" for "sections 144, 152, and 153 of this title,
    or section 203(d) of the Highway Safety Act of 1973," and struck
    out "All or any part of the funds apportioned in any fiscal year to
    a State in accordance with section 203(d) of the Highway Safety Act
    of 1973 from funds authorized in section 203(c) of such Act, may be
    transferred from that apportionment to the apportionment made under
    section 219 of this title if such transfer is requested by the
    State highway department and is approved by the Secretary after he
    has received satisfactory assurances from such department that the
    purposes of such section 203 have been met."
      1981 - Subsec. (b)(5)(A). Pub. L. 97-134, Sec. 4(c), inserted
    provision that the Secretary shall include only those costs
    eligible for funds authorized by section 108(b) of the Federal
    Highway Act of 1956 in making the revised estimate of completing
    Interstate System for the purpose of transmitting it to the
    Congress within ten days subsequent to Jan. 2, 1983 or thereafter.
      Subsec. (b)(5)(B). Pub. L. 97-134, Sec. 5, inserted reference to
    reconstruction in opening par., substituted "55 per centum in the
    ratio that lane miles on the Interstate routes designated under
    sections 103 and 139(c) of this title (other than those on toll
    roads not subject to a Secretarial agreement provided for in
    section 105 of the Federal-Aid Highway Act of 1978) in each State
    bears to the total of all such lane miles in all States; and 45 per
    centum in the ratio that vehicle miles traveled on lanes on the
    Interstate routes designated under sections 103 and 139(c) of this
    title" for "Seventy-five per centum in the ratio that lane miles in
    use for more than five years on the Interstate System (other than
    those on toll roads not subject to a Secretarial agreement provided
    for in section 105 of the Federal-Aid Highway Act of 1978) in each
    State bears to the total of all such lane miles in all States; and
    25 per centum in the ratio that vehicle miles traveled on lanes in
    use for more than five years on the Interstate System" and inserted
    provision that no State excluding any State that has no interstate
    lane miles shall receive less than one-half of 1 per centum of the
    total apportionment made by this subparagraph for any fiscal year.
      1978 - Subsec. (b)(5)(A). Pub. L. 95-599, Sec. 108, inserted
    provision relating to deadline for inclusion of estimate.
      Subsec. (b)(5)(B). Pub. L. 95-599, Sec. 116(b), substituted
    provisions limiting apportionment of funds ratio to seventy-five
    percent of lane miles ratio and twenty-five of miles traveled ratio
    for provision establishing a straight ratio for such apportionment.
      Subsec. (d). Pub. L. 95-599, Sec. 109, substituted "50" for "40"
    and "20" wherever appearing.
      Subsec. (h). Pub. L. 95-599, Sec. 110, added subsec. (h).
      1976 - Subsec. (b). Pub. L. 94-280, Sec. 112(a), substituted "On
    October 1 of each fiscal year" for "On or before January 1 next
    preceding the commencement of each fiscal year,".
      Subsec. (b)(1). Pub. L. 94-280, Sec. 112(b), inserted in
    introductory text "(including extensions in urban areas and
    priority primary routes)", made existing provisions applicable for
    a two-third apportionment of monies, striking out "in all the
    States at the close of the next preceding calendar year" before "as
    shown by a certificate of the Postmaster General" and inserted
    provision for a one-third apportionment in the ratio which the
    population in urban areas in each State bears to the total
    population in urban areas in all the States as shown by the latest
    Federal census.
      Subsec. (b)(3). Pub. L. 94-280, Sec. 112(c), repealed provisions
    respecting apportionment of monies for extensions of the Federal-
    aid primary and Federal-aid secondary systems within urban areas
    in the ratio which the population in municipalities and other urban
    places of five thousand or more in each State bears to the total
    population in municipalities and other urban places of five
    thousand or more in all of the States as shown by the latest
    available Federal census.
      Subsec. (b)(5)(A). Pub. L. 94-280, Secs. 106(b), 107(b), 112(g),
    designated existing provisions as subpar. (A) and inserted
    introductory phrase "Except as provided in subparagraph B - ";
    substituted wherever appearing in introductory phrase and second
    and third sentences "1990" for "1979"; substituted provision for
    apportionment for fiscal year ending September 30, 1977, for prior
    provision for fiscal year ending June 30, 1977, substituted
    provision for apportionment for fiscal year ending September 30,
    1978, in accordance with section 103 of Federal-Aid Highway Act of
    1976, for prior provision for apportionment for fiscal year ending
    June 30, 1978, substituted provision for apportionment for fiscal
    year ending September 30, 1979, for prior provision for fiscal year
    ending June 30, 1979, provided for apportionment for fiscal year
    ending September 30, 1980, and inserted provisions for revised
    estimates of completion costs and transmittal thereof to Congress
    within ten days subsequent to January 2, 1979, 1981, 1983, 1985,
    and 1987 for apportionments for fiscal years ending September 30,
    1981 and 1982, 1983 and 1984, 1985 and 1986, 1987 and 1988, and
    1989 and 1990; and substituted in third sentence "October 1 of the
    year preceding the fiscal year for which authorized" for "a date as
    far in advance of the beginning of the fiscal year for which
    authorized as practicable but in no case more than eighteen months
    prior to the beginning of the fiscal year for which authorized".
      Subsec. (b)(5)(B). Pub. L. 94-280, Sec. 106(b), added subpar.
    (B).
      Subsec. (c). Pub. L. 94-280, Sec. 113(a), designated existing
    provisions as par. (1), substituted "Subject to subsection (d), the
    amount" for "Not more than 40 per centum of the amount" and
    "transferred from the apportionment under one paragraph to the
    apportionment under the other paragraph" for "transferred from the
    apportionment under one paragraph to the apportionment under any
    other of such paragraphs" and struck out former last sentence
    reading "The total of such transfers shall not increase the
    original apportionment under any of such paragraphs by more than 40
    per centum.", and incorporated former subsec. (d) provisions in a
    new par. (2), substituting "Subject to subsection (d), the amount"
    for "Not more than 40 per centum of the amount" and paragraph "(1)"
    for "(3)" and striking out former last sentence reading "The total
    of such transfers shall not increase the original apportionment
    under either of such paragraphs by more than 40 per centum."
      Subsec. (d). Pub. L. 94-280, Sec. 113(a), inserted provisions
    respecting conditions for transfer of apportionments under subsec.
    (c) of this section and struck out prior subsec. (d) provisions
    respecting transfer of certain apportionments, now incorporated in
    subsec. (c)(2) of this section.
      Subsec. (e). Pub. L. 94-280, Sec. 112(d), in first sentence,
    substituted "On October 1" for "On or before January 1 preceding
    the commencement" and inserted "(other than under subsection (b)(5)
    of this section)" after "hereunder" and inserted certification
    provision respecting sums apportioned under subsec. (b)(5) of this
    section to each State highway department and amount of deductions
    for administration and research; and inserted provisions advising
    the States not less than ninety days before the beginning of the
    fiscal year of amounts to be apportioned to the States and in the
    case of the Interstate System ninety days prior to the
    apportionment of funds.
      Subsec. (f)(1). Pub. L. 94-280, Sec. 112(e), substituted "On
    October 1" for "On or before January 1 next preceding the
    commencement" and inserted exception provision.
      Subsec. (f)(3). Pub. L. 94-280, Sec. 112(f), authorized State use
    of apportioned funds to finance transportation planning outside of
    urbanized areas.
      Subsec. (g). Pub. L. 94-280, Sec. 206, increased percentage
    limitation to "40 per centum" from "30 per centum"; authorized
    approval by Secretary of transfer of apportionments when requested
    by the State highway department and approved by the Secretary as
    being in the public interest; and provided for transfer of
    apportionments under section 203(c) and (d) of the Highway Safety
    Act of 1973, to apportionments under section 219 of this title, and
    clarified the authority for apportionment of Highway Trust Fund
    funds.
      1973 - Subsec. (b)(1). Pub. L. 93-87, Sec. 111(a)(1), (2),
    substituted "intercity mail routes where service is performed by
    motor vehicles" for "star routes" in two places, "one-third in the
    ratio which the population of rural areas of each State bears to
    the total population of rural areas of all the States" for "one-
    third in the ratio which the population of each State bears to the
    total population of all the States", and "No State (other than the
    District of Columbia) shall receive" for "No State shall receive".
      Subsec. (b)(2). Pub. L. 93-87, Sec. 111(a)(1), (3), substituted
    "intercity mail routes where service is performed by motor
    vehicles" for "star routes" in two places, "one-third in the ratio
    which the population of rural areas of each State bears to the
    total population of rural areas of all of the States" for "one-
    third in the ratio which the rural population of each State bears
    to the total rural population of all the States", and "No State
    (other than the District of Columbia) shall receive" for "No State
    shall receive".
      Subsec. (b)(5). Pub. L. 93-87, Sec. 106(b), extended from 1976 to
    1979, the date for completion of the Interstate System; and
    authorized the Secretary to use the Federal share of the approved
    estimate in making apportionments for fiscal years ending June 30,
    1976, 1977, 1978, and 1979, reenacted requirement that Secretary
    make a revised estimate of cost of completing the then designated
    Interstate System, substituting Jan. 2, 1975, for Jan. 2, 1974, as
    the commencing date for the ten day period for transmittal of the
    revised cost estimate, and reenacted provisions of last sentence
    without change, respectively.
      Subsec. (b)(6). Pub. L. 93-87, Sec. 111(a)(4), substituted "urban
    areas" for "urbanized areas" in two places and mandated that no
    State shall receive less than one-half of 1 per centum of each
    year's apportionment.
      Subsec. (c). Pub. L. 93-87, Sec. 111(a)(5), (7), substituted "40"
    for "20" per centum in two places and struck out reference to par.
    (3) of subsec. (b) of this section and provision of last sentence
    that nothing contained in subsec. (c) shall alter or impair the
    authority contained in subsec. (d) of this section.
      Subsec. (d). Pub. L. 93-87, Sec. 111(a)(6), substituted
    provisions respecting transfer of apportionment of funds under
    pars. (3) and (6) of subsec. (b) of this section from one paragraph
    to the other when requested by the State highway department and
    approved as in the public interest by the Governor of the State and
    the Secretary for former provisions which authorized expenditure of
    subsec. (b)(2) funds apportioned for Federal-aid secondary system
    to a State for projects on another Federal-aid system when the
    State highway department and the Secretary were in joint agreement
    as to such other expenditure.
      Subsec. (f). Pub. L. 93-87, Sec. 112, incorporated provisions of
    former subsec. (f) that "Not to exceed 50 per centum of the amounts
    apportioned in accordance with paragraph (3) of subsection (b) of
    this section may be expended for projects on the Federal-aid urban
    system" in provisions designated as par. (1) and stating that "On
    or before January 1 next preceding the commencement of each fiscal
    year, the Secretary, after making the deduction authorized by
    subsection (a) of this section, shall set aside not to exceed one-
    half per centum of the remaining funds authorized to be
    appropriated for expenditure upon the Federal-aid systems, for the
    purpose of carrying out the requirements of section 134 of this
    title." and added pars. (2)-(4).
      Subsec. (g). Pub. L. 93-87, Sec. 227, added subsec. (g).
      1970 - Subsec. (b)(5). Pub. L. 91-605, Sec. 104(b), extended from
    1974 to 1976 the date for completion of the Interstate System,
    substituted "on April 20, 1970" for "within ten days subsequent to
    January 2, 1970" as the date for submission by the Secretary to
    Congress of a revised completion cost estimate of the Interstate
    System, struck out reference of finality as applied to this
    estimate, deleted June 30, 1974 from the enumerated list of fiscal
    years for which the Secretary shall use the Federal share of the
    approved 1970 estimate in making apportionments, inserted provision
    directing the Secretary to submit to Congress a revised Interstate
    System completion cost estimate within 10 days from Jan. 2, 1972
    with apportionments to be made by the Secretary for use in the
    fiscal years 1974 and 1975 from the Federal share of the approved
    estimate, and inserted provision directing the Secretary to submit
    to Congress another cost estimate within 10 days from Jan. 2, 1974
    to be used for making apportionments for the fiscal year 1976.
      Subsec. (b)(6). Pub. L. 91-605, Sec. 106(c)(2), added par. (6).
      Subsec. (f). Pub. L. 91-605, Sec. 106(c)(1), added subsec. (f).
      1968 - Subsec. (b)(5). Pub. L. 90-495 extended from 1972 to 1974
    the date for completion of the Interstate System, added the fiscal
    year ending June 30, 1971, to the enumeration of fiscal years for
    which the Secretary may use the Federal share of approval estimates
    in making apportionments, substituted January 2, 1970, for January
    2, 1969, as the date for commencement of the 10-day period during
    which the Secretary shall transmit to Congress his final revised
    estimate of the cost of completing the Interstate system, and added
    the fiscal years ending June 30, 1973, and June 30, 1974, to the
    enumerated list of fiscal years for which the Secretary shall use
    the Federal share of the approved estimate in making
    apportionments.
      1966 - Subsec. (b)(5). Pub. L. 89-574 substituted "1972" for
    "1971" wherever appearing except in provision requiring the
    Secretary, with the approval of Congress, to use the Federal share
    of the approved estimates in making apportionments for the fiscal
    year ending June 30, 1971, and, in such provision, retained the
    authority of the Secretary to use the Federal share of the approved
    estimates in making apportionments for the fiscal year ending June
    30, 1971, but extended the authority of the Secretary to use the
    Federal share of the approved estimates in making apportionments
    for the fiscal year ending June 30, 1972, as well.
      1964 - Subsec. (b)(5). Pub. L. 88-423 substituted "January 2,
    1961" for "January 2, 1962".
      1963 - Subsec. (b)(3). Pub. L. 88-157, Sec. 2, struck out
    provision which considered Connecticut and Vermont towns as
    municipalities for the purposes of par. (3) regardless of their
    incorporated status.
      Subsec. (b)(5). Pub L. 88-157, Sec. 3, substituted "1971" for
    "1969" in introductory text and 3d sentence; inserted "For the
    fiscal years 1960 through 1966," and substituted "such State" for
    "each State" in 1st sentence; inserted 2d sentence respecting
    apportionment for fiscal years 1967 through 1971; substituted in
    9th sentence "January 2, 1965" for "January 2, 1966, and annually
    thereafter through and including January 2, 1968"; substituted in
    10th sentence "Upon the approval of such estimate by the Congress"
    for "Upon approval of any such estimate by the Congress by
    concurrent resolution" and "fiscal years ending June 30, 1967; June
    30, 1968; and June 30, 1969" for "fiscal year which begins next
    following the fiscal year in which such report is transmitted to
    the Senate and the House of Representatives" and inserted "the
    Federal share of" before "such approved estimate"; and inserted
    11th through 14th sentences, respecting revised cost estimate for
    completion of the Interstate System and its submission to Congress
    within 10 days after Jan. 2, 1968, apportionment for fiscal year
    ending June 30, 1970, final revised cost estimate for completion of
    the Interstate System and its submission to Congress within 10 days
    after Jan. 2, 1969, and apportionment for fiscal year ending June
    30, 1971, respectively.
      1962 - Subsec. (b)(1). Pub. L. 87-866 substituted "preceding
    calendar year" for "preceding fiscal year".
      1960 - Subsec. (b)(5). Pub L. 86-657 struck out provisions which
    required, in making the estimates of cost for completing the
    Interstate System, exclusion of the cost of completing any mileage
    designated from the one thousand additional miles authorized by
    section 108(1) of the Federal-Aid Highway Act of 1956.
      1959 - Subsec. (b). Pub. L. 86-70 struck out ", except that only
    one-third of the area of Alaska shall be included" after "total
    area of all States" in pars. (1) and (2).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-178 effective Aug. 21, 2002, see section
    5 of Pub. L. 108-178, set out as a note under section 5334 of Title
    5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-159 effective Jan. 1, 2000, see section
    107(a) of Pub. L. 106-159, set out as a note under section 104 of
    Title 49, Transportation.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 1100 of title I of Pub. L. 102-240 provided that:
      "(a) General Rule. - This title [see Tables for classification],
    including the amendments made by this title, shall take effect on
    the date of the enactment of this Act [Dec. 18, 1991].
      "(b) Applicability. - The amendments made by this title shall
    apply to funds authorized to be appropriated or made available
    after September 30, 1991, and, except as otherwise provided in
    subsection (c), shall not apply to funds appropriated or made
    available on or before September 30, 1991.
      "(c) Unobligated Balances. - 
        "(1) In general. - Unobligated balances of funds apportioned to
      a State under sections 104(b)(1), 104(b)(2), 104(b)(5)(B), and
      104(b)(6) of title 23, United States Code, before October 1,
      1991, shall be available for obligation in that State under the
      law, regulations, policies and procedures relating to the
      obligation and expenditure of those funds in effect on September
      30, 1991.
        "(2) Transferability. - 
          "(A) Primary system. - A State may transfer unobligated
        balances of funds apportioned to the State for the Federal-aid
        primary system before October 1, 1991, to the apportionment to
        such State under section 104(b)(1) or 104(b)(3) of title 23,
        United States Code, or both.
          "(B) Secondary and urban system. - A State may transfer
        unobligated balances of funds apportioned to the State for the
        Federal-aid secondary system or the Federal-aid urban system
        before October 1, 1991, to the apportionment to such State
        under section 104(b)(3) of such title.
          "(C) Applicability of certain laws, regulations, policies,
        and procedures. - Funds transferred under this paragraph shall
        be subject to the laws, regulations, policies, and procedures
        relating to the apportionment to which they are transferred."

     EFFECTIVE DATE OF 1976 AMENDMENT; APPLICABLE PROVISIONS DEPENDENT
                       ON FISCAL FUND AUTHORIZATIONS
      Section 113(b) of Pub. L. 94-280 provided that: "The amendment
    made by subsection (a) of this section [amending this section]
    shall take effect on July 1, 1976, and shall be applicable with
    respect to funds authorized for the fiscal year ending September
    30, 1977, and for subsequent fiscal years. With respect to the
    fiscal year 1976 and earlier fiscal years, the provisions of
    subsections (c) and (d) of section 104 of title 23, United States
    Code, as in effect on June 30, 1976, shall remain applicable to
    funds authorized for such years."

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of this
    title.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Section 10(b) of Pub. L. 87-866 provided that: "The amendment
    made by subsection (a) of this section [amending this section]
    shall be applicable only with respect to apportionments made after
    the date of enactment of this Act [Oct. 23, 1962]."

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Amendment by Pub. L. 86-70 effective July 1, 1959, see section
    21(e) of Pub. L. 86-70, set out as a note under section 101 of this
    title.

                      CONSTRUCTION OF 1990 AMENDMENT                  
      Section 333(d) of Pub. L. 102-143 provided that: "The amendments
    made by section 333 of the Department of Transportation and Related
    Agencies Appropriations Act, 1991 (104 Stat. 2184-2186) [Pub. L.
    101-516, amending this section and enacting provisions formerly set
    out as a note below] shall be treated as having not been enacted
    into law."

       ADJUSTMENTS FOR SURFACE TRANSPORTATION EXTENSION ACT OF 1997   
      Pub. L. 105-178, title I, Sec. 1103(m), June 9, 1998, 112 Stat.
    126, provided that:
      "(1) In general. - Notwithstanding any other provision of law and
    subject to section 2(c) of the Surface Transportation Extension Act
    of 1997 [Pub. L. 105-130, set out below], the Secretary shall
    ensure that the total apportionments for a State (other than
    Massachusetts) for fiscal year 1998 made under the Transportation
    Equity Act for the 21st Century [Pub. L. 105-178, see Tables for
    classification] (including amendments made by such Act) shall be
    reduced by the amount apportioned to such State (other than
    Massachusetts) under section 1003(d)(1) of the Intermodal Surface
    Transportation Efficiency Act of 1991 [Pub. L. 102-240, 111 Stat.
    2553].
      "(2) Repayment of transferred funds. - The Secretary shall ensure
    that any apportionments made to a State for fiscal year 1998 and
    adjusted under paragraph (1) shall first be used to restore in
    accordance with section 3(c) of the Surface Transportation
    Extension Act of 1997 [Pub. L. 105-130, 111 Stat. 2555] any funds
    that a State transferred under section 3 of such Act.
      "(3) Insufficient funds for repayment. - If a State has
    insufficient funds apportioned in fiscal year 1998 under the
    Transportation Equity Act for the 21st Century (including
    amendments made by such Act) to make the adjustment required by
    paragraph (1), then the Secretary shall make an adjustment to any
    funds apportioned to such State in fiscal year 1999.
      "(4) Allocated programs. - Notwithstanding any other provision of
    law, amounts made available for fiscal year 1998 by the
    Transportation Equity Act for the 21st Century (including
    amendments made by such Act) for a program that is continued by
    both of sections 4, 5, 6, and 7 of the Surface Transportation
    Extension Act of 1997 (including amendments made by such sections)
    [Pub. L. 105-130, see Tables for classification] and the
    Transportation Equity Act for the 21st Century (including
    amendments made by such Act) shall be reduced by the amount made
    available by such sections 4, 5, 6, and 7 for such programs.
      "(5) Treatment of STEA obligation authority. - The amount of
    obligation authority made available under section 2(e) of the
    Surface Transportation Extension Act of 1997 [Pub. L. 105-130, set
    out below] shall be considered to be an amount of obligation
    authority made available for fiscal year 1998 under section 1102(a)
    of this Act [set out above]."

                                 ADVANCES                             
      Pub. L. 109-59, title I, Sec. 1936, Aug. 10, 2005, 119 Stat.
    1510, provided that: "Notwithstanding any other provision of law,
    funds apportioned to a State under section 104(b) of title 23,
    United States Code, may be obligated to carry out a project
    designated in any of sections 1301, 1302, 1306, and 1934 of this
    Act [see Tables for classification] and sections 117 and 144(g) of
    title 23, United States Code, in an amount not to exceed the amount
    authorized for that project, only from a program under which the
    project would be eligible, except that any amounts obligated to
    carry out the project shall be restored from funds allocated for
    the project."
      Pub. L. 108-310, Sec. 2, Sept. 30, 2004, 118 Stat. 1144, as
    amended by Pub. L. 109-14, Sec. 2(a)-(b)(2), (d), May 31, 2005, 119
    Stat. 324; Pub. L. 109-20, Sec. 2(a), (b)(1), (d), July 1, 2005,
    119 Stat. 346; Pub. L. 109-35, Sec. 2(a), (b)(1), (d), July 20,
    2005, 119 Stat. 379; Pub. L. 109-37, Sec. 2(a), (b)(1), (d), July
    22, 2005, 119 Stat. 394; Pub. L. 109-40, Sec. 2(a), (b)(1), (d),
    July 28, 2005, 119 Stat. 410; Pub. L. 109-42, Sec. 2(b), July 30,
    2005, 119 Stat. 435, provided that:
      "(a) In General. - 
        "(1) Apportionment ratio. - Except as provided in paragraph
      (2), the Secretary of Transportation shall apportion funds made
      available under section 1101(l) of the Transportation Equity Act
      for the 21st Century [Pub. L. 105-178] (112 Stat. 111; 118 Stat.
      876 [118 Stat. 1145]), as amended by this Act, the Surface
      Transportation Extension Act of 2005 [Pub. L. 109-14],,[sic] the
      Surface Transportation Extension Act of 2005, Part II [Pub. L.
      109-20][,] the Surface Transportation Extension Act of 2005, Part
      III [Pub. L. 109-35], the Surface Transportation Extension Act of
      2005, Part IV [Pub. L. 109-37], and the Surface Transportation
      Extension Act of 2005, Part V [Pub. L. 109-40], to each State in
      the ratio that - 
          "(A) the State's total fiscal year 2004 obligation authority
        for funds apportioned for the Federal-aid highway program;
        bears to
          "(B) all States' total fiscal year 2004 obligation authority
        for funds apportioned for the Federal-aid highway program.
        "(2) Exception. - The ratios determined under this subsection
      shall be subject to the same adjustments as the adjustments made
      under section 105(f) of title 23, United States Code.
      "(b) Programmatic Distributions. - 
        "(1) Programs. - Of the funds to be apportioned to each State
      under subsection (a), the Secretary shall ensure that the State
      is apportioned an amount of the funds, determined under paragraph
      (2), for the Interstate maintenance program, the National Highway
      System program, the bridge program, the surface transportation
      program, the congestion mitigation and air quality improvement
      program, the recreational trails program, the Appalachian
      development highway system program, and the minimum guarantee.
        "(2) In general. - The amount that each State shall be
      apportioned under this subsection for each item referred to in
      paragraph (1) shall be determined by multiplying - 
          "(A) the amount apportioned to the State under subsection
        (a); by
          "(B) the ratio that - 
            "(i) the amount of funds apportioned for the item to the
          State for fiscal year 2004; bears to
            "(ii) the total of the amount of funds apportioned for the
          items to the State for fiscal year 2004.
        "(3) Administration of funds. - Funds authorized by section
      1101(l) of the Transportation Equity Act for the 21st Century
      [Pub. L. 105-178, 118 Stat. 1145] shall be administered as if the
      funds had been apportioned, allocated, deducted, or set aside, as
      the case may be, under title 23, United States Code; except that
      the deductions and set-asides in the following sections of such
      title shall not apply to such funds: sections 104(a)(1)(A),
      104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2), 104(f)(1),
      104(h)(1), 118(c)(1), 140(b), 140(c), and 144(g)(1).
        "(4) Special rules for minimum guarantee. - In carrying out the
      minimum guarantee under section 105(c) of title 23, United States
      Code, with funds apportioned under this section for the minimum
      guarantee, the $2,800,000,000 set forth in paragraph (1) of such
      section 105(c) shall be treated as being $2,324,000,000 and the
      aggregate of amounts apportioned to the States under this section
      for the minimum guarantee shall be treated, for purposes of such
      section 105(c), as amounts made available under section 105 of
      such title.
        "(5) Extension of off-system bridge setaside. - [Amended
      section 144 of this title.]
      "(c) Repayment From Future Apportionments. - 
        "(1) In general. - The Secretary shall reduce the amount that
      would be apportioned, but for this section, to a State for
      programs under chapter 1 of title 23, United States Code, for
      fiscal year 2005, under a multiyear law reauthorizing the Federal-
      aid highway program enacted after the date of enactment of this
      Act [Sept. 30, 2004] by the amount that is apportioned to each
      State under subsection (a) and section 5(c) [118 Stat. 1150] for
      each such program.
        "(2) Program category reconciliation. - The Secretary may
      establish procedures under which funds apportioned under
      subsection (a) for a program category for which funds are not
      authorized under a law described in paragraph (1) may be restored
      to the Federal-aid highway program.
      "(d) Authorization of Contract Authority. - [Amended section 1101
    of Pub. L. 105-178, 112 Stat. 111.]
      "(e) Limitation on Obligations. - 
        "(1) Distribution of obligation authority. - Subject to
      paragraph (2), for the period of October 1, 2004, through July
      30, 2005, the Secretary shall distribute the obligation
      limitation made available for Federal-aid highways and highway
      safety construction programs under the heading 'federal-aid
      highways' in title I of division H of the Consolidated
      Appropriations Act, 2005 [Pub. L. 108-447] (23 U.S.C. 104 note;
      118 Stat. 3204), in accordance with section 110 of such title (23
      U.S.C. 104 note; 118 Stat. 3209); except that the amount of
      obligation limitation to be distributed for such period for each
      program, project, and activity specified in sections 110(a)(1),
      110(a)(2), 110(a)(4), and 110(a)(5) of such title shall equal the
      greater of - 
          "(A) the funding authorized for such program, project, or
        activity in this Act [see Short Title of 2004 Amendments note
        set out under section 101 of this title], the Surface
        Transportation Extension Act of 2005 [Pub. L. 109-14],,[sic]
        the Surface Transportation Extension Act of 2005, Part II [Pub.
        L. 109-20][,] the Surface Transportation Extension Act of 2005,
        Part III [Pub. L. 109-35], the Surface Transportation Extension
        Act of 2005, Part IV [Pub. L. 109-37], and the Surface
        Transportation Extension Act of 2005, Part V [Pub. L. 109-40]
        (including any amendments made by this Act and such Act[s]); or
          "(B) 83 percent of the funding provided for or limitation set
        on such program, project, or activity in title I of division H
        of the Consolidated Appropriations Act, 2005 [Pub. L. 108-447,
        see Tables for classification].
        "(2) Limitation on total amount of authority distributed. - The
      total amount of obligation limitation distributed under paragraph
      (1) for the period of October 1, 2004, through July 30, 2005,
      shall not exceed $28,801,000,000; except that this limitation
      shall not apply to $530,370,000 in obligations for minimum
      guarantee for such period.
        "(3) Time period for obligations of funds. - After August 14,
      2005, no funds shall be obligated for any Federal-aid highway
      program project until the date of enactment of a law
      reauthorizing the Federal-aid highway program.
        "(4) Treatment of obligations. - Any obligation of obligation
      authority distributed under this subsection shall be considered
      to be an obligation for Federal-aid highways and highway safety
      construction programs for fiscal year 2005 for the purposes of
      the matter under the heading 'federal-aid highways' in title I of
      division H of the Consolidated Appropriations Act, 2005 [Pub. L.
      108-447] (23 U.S.C. 104 note; 118 Stat. 3204)."
      Pub. L. 108-88, Sec. 2, Sept. 30, 2003, 117 Stat. 1110, as
    amended by Pub. L. 108-202, Sec. 2(a), (b)(1), (2), (d), Feb. 29,
    2004, 118 Stat. 478; Pub. L. 108-224, Sec. 2(a), (b)(1), (d), Apr.
    30, 2004, 118 Stat. 627; Pub. L. 108-263, Sec. 2(a), (b)(1), (d),
    June 30, 2004, 118 Stat. 698; Pub. L. 108-280, Secs. 2(a), (b)(1),
    (d), 3, July 30, 2004, 118 Stat. 876, 877; Pub. L. 108-310, Sec.
    12(a), (c), (e)(1), Sept. 30, 2004, 118 Stat. 1161, 1162, provided
    that:
      "(a) In General. - The Secretary of Transportation shall
    apportion funds made available under section 1101(c) of the
    Transportation Equity Act for the 21st Century [Pub. L. 105-178]
    (112 Stat. 116), as amended by this Act [117 Stat. 1111], the
    Surface Transportation Extension Act of 2004 [Pub. L. 108-202], the
    Surface Transportation Extension Act of 2004, Part II [Pub. L. 108-
    224], the Surface Transportation Extension Act of 2004, Part III
    [Pub. L. 108-263], the Surface Transportation Extension Act of
    2004, Part IV [Pub. L. 108-280], and the Surface Transportation
    Extension Act of 2004, Part V [Pub. L. 108-310], to each State in
    the ratio that - 
        "(1) the State's total fiscal year 2003 obligation authority
      for funds apportioned for the Federal-aid highway program; bears
      to
        "(2) all States' total fiscal year 2003 obligation authority
      for funds apportioned for the Federal-aid highway program.
      "(b) Programmatic Distributions. - 
        "(1) Programs. - Of the funds to be apportioned to each State
      under subsection (a), the Secretary shall ensure that the State
      is apportioned an amount of the funds, determined under paragraph
      (2), for the Interstate maintenance program, the National Highway
      System program, the bridge program, the surface transportation
      program, the congestion mitigation and air quality improvement
      program, the recreational trails program, the Appalachian
      development highway system program, and the minimum guarantee.
        "(2) In general. - The amount that each State shall be
      apportioned under this subsection for each item referred to in
      paragraph (1) shall be determined by multiplying - 
          "(A) the amount apportioned to the State under subsection
        (a); by
          "(B) the ratio that - 
            "(i) the amount of funds apportioned for the item to the
          State for fiscal year 2003; bears to
            "(ii) the total of the amount of funds apportioned for the
          items to the State for fiscal year 2003.
        "(3) Administration of funds. - Funds authorized by section
      1101(c) of the Transportation Equity Act for the 21st Century
      shall be administered as if the funds had been apportioned,
      allocated, deducted, or set aside, as the case may be, under
      title 23, United States Code; except that the deductions and set-
      asides in the following sections of such title shall not apply
      to such funds: sections 104(a)(1)(A), 104(a)(1)(B), 104(b)(1)(A),
      104(d)(1), 104(d)(2), 104(f)(1), 104(h)(1), 118(c)(1), 140(b),
      140(c), and 144(g)(1).
        "(4) Special rules for minimum guarantee. - In carrying out the
      minimum guarantee under section 105(c) of title 23, United States
      Code, with funds apportioned under this section for the minimum
      guarantee, the $2,800,000,000 set forth in paragraph (1) of such
      section 105(c) shall be treated as being $2,800,000,000 and the
      aggregate of amounts apportioned to the States under this section
      for the minimum guarantee shall be treated, for purposes of such
      section 105(c), as amounts made available under section 105 of
      such title.
        "(5) Extension of off-system bridge setaside. - [Amended
      section 144 of this title.]
      "[(c) Repealed. Pub. L. 108-310, Sec. 12(e)(1), Sept. 30, 2004,
    118 Stat. 1162.]
      "(d) Authorization of Contract Authority. - [Amended section 1101
    of Pub. L. 105-178, 112 Stat. 111.]
      "(e) Limitation on Obligations. - 
        "(1) Distribution of obligation authority. - For the fiscal
      year 2004, the Secretary shall distribute the obligation
      limitation made available for Federal-aid highways and highway
      safety construction programs under the heading 'Federal-aid
      highways' in the Transportation, Treasury, and Independent
      Agencies Appropriations Act, 2004 (division F of Public Law 108-
      199; 118 Stat. 291 [290]; 118 Stat. 1013), in accordance with
      section 110 of such Act [23 U.S.C. 104 note].
        "(2) Calculation of ratio. - For purposes of the calculation of
      the ratio under section 110(a)(3) of the Transportation,
      Treasury, and Independent Agencies Appropriations Act, 2004
      (division F of Public Law 108-199; 118 Stat. 291; 23 U.S.C. 104
      note) - 
          "(A) the obligation limitation for Federal-aid Highways
        referred to in section 110(a)(3)(A) of such Act shall be deemed
        to be the obligation limitation for Federal-aid highways and
        highway safety construction programs for fiscal year 2004
        identified under the heading 'Federal-Aid Highways' in such Act
        (118 Stat. 290); and
          "(B) the total of sums authorized to be appropriated for
        Federal-aid highways and highway safety construction programs
        (other than sums authorized to be appropriated for sections set
        forth in paragraphs (1) through (7) of section 110(b) of such
        Act and sums authorized to be appropriated for section 105 of
        title 23, United States Code, equal to the amount referred to
        in subsection 110(b)(8) of such Act) for such fiscal year,
        referred to in section 110(a)(3)(B) of such Act, shall be
        deemed to be $34,606,000,000, less the aggregate of the amounts
        not distributed under section 110(a)(1) of such Act."
      Section 2 of Pub. L. 105-130 provided that:
      "(a) In General. - The Secretary of Transportation (referred to
    in this Act as the 'Secretary') shall apportion funds made
    available under section 1003(d) of the Intermodal Surface
    Transportation Efficiency Act of 1991 [see 111 Stat. 2553] to each
    State in the ratio that - 
        "(1) the State's total fiscal year 1997 obligation authority
      for funds apportioned for the Federal-aid highway program; bears
      to
        "(2) all States' total fiscal year 1997 obligation authority
      for funds apportioned for the Federal-aid highway program.
      "(b) Programmatic Distributions. - 
        "(1) Programs. - Of the funds to be apportioned to each State
      under subsection (a), the Secretary shall ensure that the State
      is apportioned an amount of the funds, determined under paragraph
      (2), for the Interstate maintenance program, the National Highway
      System, the bridge program, the surface transportation program,
      the congestion mitigation and air quality improvement program,
      minimum allocation under section 157 of title 23, United States
      Code, Interstate reimbursement under section 160 of that title,
      the donor State bonus under section 1013(c) of the Intermodal
      Surface Transportation Efficiency Act of 1991 (105 Stat. 1940)
      [Pub. L. 102-240, set out as a note under section 157 of this
      title], hold harmless under section 1015(a) of that Act (105
      Stat. 1943) [set out below], 90 percent of payments adjustments
      under section 1015(b) of that Act (105 Stat. 1944) [set out
      below], section 1015(c) of that Act (105 Stat. 1944) [set out
      below], an amount equal to the funds provided under sections 1103
      through 1108 of that Act (105 Stat. 2027) [see Tables for
      classification], and funding restoration under section 202 of the
      National Highway System Designation Act of 1995 (109 Stat. 571).
        "(2) In general. - The amount that each State shall be
      apportioned under this subsection for each item referred to in
      paragraph (1) shall be determined by multiplying - 
          "(A) the amount apportioned to the State under subsection
        (a); by
          "(B) the ratio that - 
            "(i) the amount of funds apportioned for the item, or
          allocated under sections 1103 through 1108 of the Intermodal
          Surface Transportation Efficiency Act of 1991 (105 Stat.
          2027), to the State for fiscal year 1997; bears to
            "(ii) the total of the amount of funds apportioned for the
          items, and allocated under those sections, to the State for
          fiscal year 1997.
        "(3) Use of funds. - Amounts apportioned to a State under
      subsection (a) attributable to sections 1103 through 1108 of the
      Intermodal Surface Transportation Efficiency Act of 1991 shall be
      available to the State for projects eligible for assistance under
      chapter 1 of title 23, United States Code.
        "(4) Administration. - Funds authorized by the amendment made
      by subsection (d) shall be administered as if they had been
      apportioned, allocated, deducted, or set aside, as the case may
      be, under title 23, United States Code; except that the deduction
      under section 104(a) of title 23, United States Code, the set-
      asides under section 104(b)(1) of that title for the territories
      and under section 104(f)(1) of that title for metropolitan
      planning, and the expenditure required under section 104(d)(1) of
      that title shall not apply to those funds.
      "(c) Repayment From Future Apportionments. - 
        "(1) In general. - The Secretary shall reduce the amount that
      would, but for this section, be apportioned to a State for
      programs under chapter 1 of title 23, United States Code, for
      fiscal year 1998 under a law reauthorizing the Federal-aid
      highway program enacted after the date of enactment of this Act
      [Dec. 1, 1997] by the amount that is apportioned to each State
      under subsection (a) and section 5(f) [Pub. L. 105-130, 111 Stat.
      2558] for each such program.
        "(2) Program category reconciliation. - The Secretary may
      establish procedures under which funds apportioned under
      subsection (a) for a program category for which funds are not
      authorized under a law described in paragraph (1) may be restored
      to the Federal-aid highway program.
      "(d) Authorization of Contract Authority. - [Amended section 1003
    of Pub. L. 102-240.]
      "(e) Limitation on Obligations. - 
        "(1) In general. - Subject to paragraph (2), after the date of
      enactment of this Act [Dec. 1, 1997], the Secretary shall
      allocate to each State an amount of obligation authority made
      available under the Department of Transportation and Related
      Agencies Appropriations Act, 1998 (Public Law 105-66 [see Tables
      for classification]) that is - 
          "(A) equal to the greater of - 
            "(i) the State's unobligated balance, as of October 1,
          1997, of Federal-aid highway apportionments subject to any
          limitation on obligations; or
            "(ii) 50 percent of the State's total fiscal year 1997
          obligation authority for funds apportioned for the Federal-
          aid highway program; but
          "(B) not greater than 75 percent of the State's total fiscal
        year 1997 obligation authority for funds apportioned for the
        Federal-aid highway program.
        "(2) Limitation on amount. - The total of all allocations under
      paragraph (1) shall not exceed $9,786,275,000.
        "(3) Time period for obligations of funds. - 
          "(A) In general. - Except as provided in subparagraph (B), a
        State shall not obligate any funds for any Federal-aid highway
        program project after May 1, 1998, until the earlier of the
        date of enactment of a multiyear law reauthorizing the Federal-
        aid highway program or July 1, 1998.
          "(B) Reobligation. - Subparagraph (A) shall not preclude the
        reobligation of previously obligated funds.
          "(C) Distribution of remaining obligation authority. - On the
        earlier of the date of enactment of a law described in
        subparagraph (A) or July 1, 1998, the Secretary shall
        distribute to each State any remaining amounts of obligation
        authority for Federal-aid highways and highway safety
        construction programs by allocation in accordance with section
        310(a) of the Department of Transportation and Related Agencies
        Appropriations Act, 1998 (Public Law 105-66) [set out below].
          "(D) Contract authority. - No contract authority made
        available to the States prior to July 1, 1998, shall be
        obligated after that date until such time as a multiyear law
        reauthorizing the Federal-aid highway program has been enacted.
        "(4) Treatment of obligations. - Any obligation of an
      allocation of obligation authority made under this subsection
      shall be considered to be an obligation for Federal-aid highways
      and highway safety construction programs for fiscal year 1998 for
      the purposes of the matter under the heading '(limitation on
      obligations)' under the heading 'Federal-Aid Highways' in title I
      of the Department of Transportation and Related Agencies
      Appropriations Act, 1998 (Public Law 105-66 [111 Stat. 1431])."

                   EFFECT OF LIMITATION ON APPORTIONMENT               
      Section 319(c) of Pub. L. 104-59 provided that: "Notwithstanding
    any other provision of law, for each of fiscal years 1996 and 1997,
    the amendments made by subsection (a) [amending this section and
    section 149 of this title] shall not affect any apportionment
    adjustments under section 1015 of the Intermodal Surface
    Transportation Efficiency Act of 1991 (105 Stat. 1943) [Pub. L. 102-
    240, set out below]."

                      COMPLETION OF INTERSTATE SYSTEM                  
      Section 1001(a) of Pub. L. 102-240 provided that: "Congress
    declares that the authorizations of appropriations and
    apportionments for construction of the Dwight D. Eisenhower
    National System of Interstate and Defense Highways [now Dwight D.
    Eisenhower System of Interstate and Defense Highways] made by this
    section (including the amendments made by this section [amending
    this section and section 101 of this title]) are the final
    authorizations of appropriations and apportionments for completion
    of construction of such System."

                         APPORTIONMENT ADJUSTMENTS                     
      Section 1015 of Pub. L. 102-240 provided that:
      "(a) Hold Harmless. - 
        "(1) General rule. - The amount of funds which, but for this
      subsection, would be apportioned to a State for each of the
      fiscal years 1992 through 1997 under section 104(b)(3) of title
      23, United States Code, for the surface transportation program
      shall be increased or decreased by an amount which, when added to
      or subtracted from the aggregate amount of funds apportioned to
      the State for such fiscal year and funds allocated to the State
      for the prior fiscal year under section 104(b) of such title,
      section 103(e)(4) for Interstate highway substitute, section 144
      of such title, section 157 of such title, under section 202 of
      such title for the Federal lands highways program, section 160 of
      such title for the reimbursement program, and section 1013(c) of
      this Act [23 U.S.C. 157 note] for the donor State bonus program,
      will result in the percentage of amounts so apportioned and
      allocated to all States being equal to the percentage listed for
      such State in paragraph (2).
        "(2) State percentages. - For purposes of paragraph (1) the
      percentage of amounts apportioned and allocated which are
      referred to in paragraph (1) for each State, and the District of
      Columbia shall be determined in accordance with the following
      table:

                  Adjustment
      States      Percentage
      Alabama                                                   1.74  
      Alaska                                                    1.28  
      Arizona                                                   1.49  
      Arkansas                                                  1.20  
      California                                                9.45  
      Colorado                                                  1.35  
      Connecticut                                               1.78  
      Delaware                                                  0.41  
      District of Columbia                                      0.53  
      Florida                                                   4.14  
      Georgia                                                   2.97  
      Hawaii                                                    0.57  
      Idaho                                                     0.69  
      Illinois                                                  3.72  
      Indiana                                                   2.20  
      Iowa                                                      1.25  
      Kansas                                                    1.14  
      Kentucky                                                  1.52  
      Louisiana                                                 1.55  
      Maine                                                     0.50  
      Maryland                                                  1.69  
      Massachusetts                                             4.36  
      Michigan                                                  2.81  
      Minnesota                                                 1.58  
      Mississippi                                               1.15  
      Missouri                                                  2.23  
      Montana                                                   0.97  
      Nebraska                                                  0.83  
      Nevada                                                    0.64  
      New Hampshire                                             0.48  
      New Jersey                                                2.87  
      New Mexico                                                1.08  
      New York                                                  5.37  
      North Carolina                                            2.65  
      North Dakota                                              0.62  
      Ohio                                                      3.73  
      Oklahoma                                                  1.42  
      Oregon                                                    1.26  
      Pennsylvania                                              4.38  
      Rhode Island                                              0.54  
      South Carolina                                            1.41  
      South Dakota                                              0.71  
      Tennessee                                                 2.08  
      Texas                                                     6.36  
      Utah                                                      0.77  
      Vermont                                                   0.44  
      Virginia                                                  2.27  
      Washington                                                2.06  
      West Virginia                                             0.94  
      Wisconsin                                                 1.70  
      Wyoming                                                   0.67  

      "(b) 90 Percent of Payment Adjustments. - 
        "(1) General rule. - For each of fiscal years 1992 through
      1997, the Secretary shall allocate among the States amounts
      sufficient to ensure that a State's total apportionments for such
      fiscal year and allocations for the prior fiscal year under
      section 104(b) of such title, section 103(e)(4) for Interstate
      highway substitute, section 144 of such title, section 157 of
      such title, section 202 of such title for the Federal lands
      highways program, section 1013(c) of this Act [23 U.S.C. 157
      note] for the donor State bonus program, section 160 of such
      title for the reimbursement program, and subsection (a) of this
      section for hold harmless is not less than 90 percent of the
      estimated tax payments attributable to highway users in the State
      paid into the Highway Trust Fund (other than Mass Transit
      Account) in the latest fiscal year in which data is available.
        "(2) Transfer of allocated amounts to stp apportionment. -
      Subject to subsection (d) of this section, the Secretary shall
      transfer amounts allocated to a State pursuant to paragraph (1)
      to the apportionment of such State under section 104(b)(3) for
      the surface transportation program.
      "(c) Additional Allocation. - Subject to subsection (d) of this
    section, the Secretary shall allocate to the State of Wisconsin
    $40,000,000 for fiscal year 1992 and $47,800,000 for each of fiscal
    years 1993 through 1997 and transfer such amounts to the
    apportionment of such State under section 104(b)(3) of title 23,
    United States Code, for the surface transportation program.
      "(d) Limitation on Applicability of Certain Requirements of STP
    Program. - The following provisions of section 133 of title 23,
    United States Code, shall not apply to  1/2  of the amounts added
    under subsection (a) to the apportionment of the State for the
    surface transportation program and of amounts transferred under
    subsections (b) and (c) to such apportionment:
        "(1) Subsection (d)(1).
        "(2) Subsection (d)(2).
        "(3) Subsection (d)(3).
      "(e) Authorization of Appropriations. - There are authorized to
    be appropriated, out of the Highway Trust Fund (other than the Mass
    Transit Account), to carry out this section such sums as may be
    necessary for each of fiscal years 1992 through 1997."

                         ALLOCATION FORMULA STUDY                     
      Section 1098 of Pub. L. 102-240, as amended by Pub. L. 104-59,
    title III, Sec. 325(g), Nov. 28, 1995, 109 Stat. 592, directed
    General Accounting Office in conjunction with Bureau of
    Transportation Statistics to conduct thorough study and recommend
    to Congress within 2 years after Dec. 18, 1991, a fair and
    equitable apportionment formula for allocation of Federal-aid
    highway funds that best directs highway funds to places of greatest
    need for highway maintenance and enhancement based on extent of
    these highway systems, their present use, and increases in their
    use, with results of study to be presented to Congress on or before
    Jan. 1, 1994, and to be considered by Congress in the 1996
    reauthorization of surface transportation program.

                  STUDY ON IMPACT OF CLIMATIC CONDITIONS              
      Pub. L. 102-240, title I, Secs. 1101-1102, Dec. 18, 1991, 105
    Stat. 2027, directed Secretary of Transportation to conduct a study
    of effects of climatic conditions on costs of highway construction
    and maintenance and to transmit to Congress, not later than Sept.
    30, 1993, a report on the results of the study, prior to repeal by
    Pub. L. 105-362, title XV, Sec. 1501(d), Nov. 10, 1998, 112 Stat.
    3294.

    WITHHOLDING OF FIVE PER CENTUM OF FUNDS FOR STATES FAILING TO MEET
                               REQUIREMENTS
      Section 333 [part] of Pub. L. 101-516, which for each fiscal year
    directed Secretary of Transportation to withhold five per centum of
    the amount required to be apportioned to any State under each of
    paragraphs (1), (2), (5), and (6) of section 104(b) of this title
    on the first day of each fiscal year which begins after the second
    full calendar year following Nov. 5, 1990, if State does not meet
    the requirements of paragraph (3) on such date, was repealed by
    Pub. L. 102-143, title III, Sec. 333(c), Oct. 28, 1991, 105 Stat.
    947.

     REDUCTION IN AMOUNT STATES FAILING TO AUTHORIZE TAX-BASED SOURCES
                          OF REVENUE MAY OBLIGATE
      Section 341 of Pub. L. 101-516, as amended by Pub. L. 102-240,
    title III, Sec. 3003(b), Dec. 18, 1991, 105 Stat. 2088, provided
    that:
      "(a) Notwithstanding any other provision of law, for the period
    January 1, 1992, through December 31, 1992, the Secretary of
    Transportation shall reduce the aggregate amount which a State may
    obligate for Federal-aid highways and highway safety construction
    programs by 25 percent if such State has a public authority which
    provides mass transportation for an urbanized area of such State
    with a population of 3,000,000 or more as determined under the 1980
    decennial census of the United States, and if by October 1, 1991 - 
        "(1) laws of such State do not authorize a general tax-based
      source of revenues to take effect on or before January 1, 1992,
      dedicated to paying the non-Federal share of projects for mass
      transportation eligible for assistance under the Federal Transit
      Act [now 49 U.S.C. 5301 et seq.]; or
        "(2) the laws of such State do not authorize the establishment
      of regional or local tax-based sources of revenues dedicated to
      pay such non-Federal share or for paying operating expenses of
      mass transit service so as to satisfy financial capacity
      standards as may be required by the Secretary of Transportation.
      "(b) For purposes of this section, the terms 'mass
    transportation', 'State', and 'urbanized areas' have the meaning
    such terms have under section 12 of the Federal Transit Act [now 49
    U.S.C. 5302].
      "(c) Any withholding defined under this section shall be waived
    if the Governor of the State - 
        "(1) submits to the Secretary by October 1, 1991, a written
      certification stating that he is opposed to the enactment in his
      State of a law described in subsections (a)(1) and (2) and that
      funding as described in subsections (a)(1) and (2) would not
      improve public transportation safety; and
        "(2) submits to the Secretary a written certification that the
      legislature (including both Houses where applicable) has adopted
      a resolution by a simple majority expressing its opposition to a
      law described in subsections (a)(1) and (2).
      "(d) This section shall remain in effect until December 31,
    1992."
      Pub. L. 102-27, title IV, Sec. 404(b), Apr. 10, 1991, 105 Stat.
    155, provided that: "The Secretary of Transportation shall restore
    any reductions in obligation authority made under section 329 [of
    Pub. L. 101-516, formerly set out below] prior to its repeal."
      Similar provisions were contained in Pub. L. 101-516, title III,
    Sec. 329, Nov. 5, 1990, 104 Stat. 2183, which was repealed by Pub.
    L. 102-27, title IV, Sec. 404(a), Apr. 10, 1991, 105 Stat. 155.

    IMPLEMENTATION OF CERTAIN PRESIDENTIAL ORDERS REQUIRING PERCENTAGE
    REDUCTION FOR FEDERAL-AID HIGHWAY, MASS TRANSIT, AND HIGHWAY SAFETY
                                 PROGRAMS
      Section 136 of Pub. L. 100-17 provided that: "In implementing any
    order issued by the President which provides for or requires a
    percentage reduction in new budget authority, unobligated balances,
    obligated balances, new loan guarantee commitments, new direct loan
    obligations, spending authority, or obligation limitations for the
    Federal-aid highway, mass transit and highway safety programs and
    with respect to which the budget account activity as identified in
    the program and financing schedule contained in the Appendix to the
    Budget of the United States Government for such programs includes
    more than one specific highway, mass transit, or highway safety
    program or project for which budget authority is provided by this
    Act or an amendment made by this Act [see Short Title of 1987
    Amendment note set out under section 101 of this title], the
    Secretary shall apply the percentage reduction equally to each such
    specific program or project."

    FEDERAL-AID PRIMARY FORMULA FOR AMOUNTS AUTHORIZED FOR FISCAL YEARS
                             1983 THROUGH 1991
      Pub. L. 97-424, title I, Sec. 108(a)-(e), Jan. 6, 1983, 96 Stat.
    2103, as amended by Pub. L. 100-17, title I, Secs. 107, 133(a)(1),
    Apr. 2, 1987, 101 Stat. 146, 170, provided that:
      "(a) Notwithstanding section 104(b)(1) of title 23, United States
    Code, and any other provision of law, amounts authorized for fiscal
    years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, and 1991 for
    the Federal-aid primary system (including extensions in urban areas
    and priority primary routes) shall be apportioned in accordance
    with this section. The Secretary of Transportation shall determine
    for each State the higher of (1) the amount which would be
    apportioned to such State under section 104(b)(1) of title 23,
    United States Code, and (2) the amount which would be apportioned
    to such State under the following formula:
        "One-half in the ratio which the population of rural areas of
      each State bears to the total population of rural areas of all
      the States as shown by the latest available Federal census and
      one-half in the ratio which the population in urban areas in each
      State bears to the total population in urban areas in all the
      States as shown by the latest Federal census.
      "(b) The Secretary of Transportation shall, for each of the
    fiscal years 1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, and
    1991, determine the total of the amounts determined for each State
    under subsection (a) and shall determine the ratio which the total
    amount authorized for such fiscal year for the Federal-aid primary
    system bears to the total of such amounts determined under
    subsection (a) for such fiscal year.
      "(c) The amount which shall be apportioned to each State for the
    Federal-aid primary system (including extensions in urban areas and
    priority primary routes) for each of the fiscal years 1983, 1984,
    1985, 1986, 1987, 1988, 1989, 1990, and 1991 shall be the amount
    determined for such State under subsection (a), multiplied by the
    ratio determined under subsection (b).
      "(d) Notwithstanding any other provision of law, no State shall
    receive an apportionment under this section for any fiscal year
    which is less than the lower of (1) the amount which the State
    would be apportioned for such fiscal year under section 104(b)(1)
    of title 23, United States Code, and (2) the amount which would be
    determined under the formula set forth in subsection (a).
    Notwithstanding any other provision of law, no State shall receive
    for any such fiscal year less than one-half of 1 per centum of the
    total apportionment under this section for such fiscal year. For
    purposes of this paragraph and subsection (b) of section 103 of
    title 23, United States Code, the Virgin Islands, Guam, American
    Samoa, and the Commonwealth of the Northern Mariana Islands shall
    be considered together as one State. The State consisting of the
    Virgin Islands, Guam, American Samoa, and the Commonwealth of the
    Mariana Islands shall not receive less than one-half of 1 per
    centum of each year's apportionment. There are authorized to be
    appropriated such sums as may be necessary out of the Highway Trust
    Fund to carry out this subsection. Funds authorized by this
    subsection shall be available for obligation in the same manner and
    to the same extent as if such funds were apportioned under chapter
    1 of title 23, United States Code.
      "(e) Amounts apportioned under this section shall be deemed to be
    amounts apportioned under section 104(b)(1) of title 23, United
    States Code, for purposes of such title and all other provisions of
    law. Terms used in this section shall have the same meaning such
    terms have in chapter 1 of title 23, United States Code."

    MATCHING FUND WAIVER FOR PERIOD JANUARY 6, 1983, THROUGH SEPTEMBER
                                 30, 1984
      Pub. L. 97-424, title I, Sec. 145, Jan. 6, 1983, 96 Stat. 2130,
    provided that:
      "(a) Notwithstanding any other provision of law, the Federal
    share of any qualifying project approved by the Secretary of
    Transportation under section 106(a) [section 106(a) of this title],
    and of any qualifying project for which the United States becomes
    obligated to pay under section 117, of title 23, United States
    Code, during the period beginning on the date of enactment of this
    Act [Jan. 6, 1983] and ending September 30, 1984, shall be such
    percentage of the construction cost as the State highway department
    requests, up to and including 100 per centum.
      "(b) For purposes of this section, the term 'qualifying project'
    means a project approved by the Secretary of Transportation under
    section 106(a) of title 23, United States Code, or a project for
    which the United States becomes obligated to pay under section 117
    of title 23, United States Code, for which the Governor of the
    State submitting the project has certified, in accordance with
    regulations established by the Secretary of Transportation, that
    sufficient funds are not available to pay the cost of the non-
    Federal share of the project.
      "(c) The total amount which may be obligated for qualifying
    projects in any State under subsection (a) shall not be greater
    than the excess of - 
        "(1) the sum of the amount of obligation authority distributed
      to such State for fiscal year 1983 under section 104(b) of this
      Act [set out above], plus the amount, if any, available to such
      State under section 150 of this Act [enacting section 157 of this
      title], pertaining to minimum allocation, over
        "(2) the amount of obligation authority distributed to such
      State for fiscal year 1982 under section 3(b) of the Federal-Aid
      Highway Act of 1981 [set out below].
      "(d) The total amount of such increases in the Federal share as
    are made pursuant to subsection (a) for any State shall be repaid
    to the United States by such State on or before September 30, 1984.
    Such payments shall be deposited in the Highway Trust Fund and such
    repaid amounts shall be credited to the appropriate apportionment
    accounts of such State.
      "(e) If a State has not made the repayment as required by
    subsection (d) of this section, the Secretary shall deduct from
    funds apportioned to such State under section 104(b) of title 23,
    United States Code, except for paragraph (5)(A), in each of the
    fiscal years ending September 30, 1985, and September 30, 1986, a
    pro rata share of each category of such apportioned funds, the
    total amount of which shall be equal to 50 per centum of the amount
    needed for repayment. Any amount deducted under this subsection
    shall be reapportioned for the fiscal years 1985 and 1986 in
    accordance with section 104(b)(1) of title 23, United States Code,
    to those States which have not received a higher Federal share
    under this section and to those States which have made the
    repayment required by subsection (d)."

      FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION PROGRAMS;
    MAXIMUM LIMITS ON TOTAL OBLIGATIONS; EXCEPTIONS; STATE ALLOCATIONS
      Pub. L. 109-59, title I, Sec. 1102, Aug. 10, 2005, 119 Stat.
    1157, provided that:
      "(a) General Limitation. - Subject to subsections (g) and (h),
    and notwithstanding any other provision of law, the obligations for
    Federal-aid highway and highway safety construction programs shall
    not exceed - 
        "(1) $34,422,400,000 for fiscal year 2005;
        "(2) $36,032,343,903 for fiscal year 2006;
        "(3) $38,244,210,516 for fiscal year 2007;
        "(4) $39,585,075,404 for fiscal year 2008; and
        "(5) $41,199,970,178 for fiscal year 2009.
      "(b) Exceptions. - The limitations under subsection (a) shall not
    apply to obligations under or for - 
        "(1) section 125 of title 23, United States Code;
        "(2) section 147 of the Surface Transportation Assistance Act
      of 1978 [Pub. L. 95-599] (formerly 23 U.S.C. 144 note; 92 Stat.
      2714);
        "(3) section 9 of the Federal-Aid Highway Act of 1981 (Public
      Law 97-134; 95 Stat. 1701);
        "(4) subsections (b) and (j) of section 131 of the Surface
      Transportation Assistance Act of 1982 (Public Law 97-424; 96
      Stat. 2119);
        "(5) subsections (b) and (c) of section 149 of the Surface
      Transportation and Uniform Relocation Assistance Act of 1987
      (Public Law 100-17; 101 Stat. 198);
        "(6) sections 1103 through 1108 of the Intermodal Surface
      Transportation Efficiency Act of 1991 (Public Law 102-240; 105
      Stat. 2027) [see Tables for classification];
        "(7) section 157 of title 23, United States Code (as in effect
      on June 8, 1998);
        "(8) section 105 of title 23, United States Code (as in effect
      for fiscal years 1998 through 2004, but only in an amount equal
      to $639,000,000 for each of those fiscal years);
        "(9) Federal-aid highway programs for which obligation
      authority was made available under the Transportation Equity Act
      for the 21st Century (Public Law 105-178; 112 Stat. 107) [see
      Tables for classification] or subsequent public laws for multiple
      years or to remain available until used, but only to the extent
      that the obligation authority has not lapsed or been used;
        "(10) section 105 of title 23, United States Code (but, for
      each of fiscal years 2005 through 2009, only in an amount equal
      to $639,000,000 per fiscal year); and
        "(11) section 1603 of this Act [set out as a note under section
      118 of this title], to the extent that funds obligated in
      accordance with that section were not subject to a limitation on
      obligations at the time at which the funds were initially made
      available for obligation.
      "(c) Distribution of Obligation Authority. - For each of fiscal
    years 2005 through 2009, the Secretary [of Transportation] - 
        "(1) shall not distribute obligation authority provided by
      subsection (a) for the fiscal year for - 
          "(A) amounts authorized for administrative expenses and
        programs by section 104(a) of title 23, United States Code;
          "(B) programs funded from the administrative takedown
        authorized by section 104(a)(1) of title 23, United States Code
        (as in effect on the date before the date of enactment of this
        Act [Aug. 10, 2005]); and
          "(C) amounts authorized for the highway use tax evasion
        program and the Bureau of Transportation Statistics;
        "(2) shall not distribute an amount of obligation authority
      provided by subsection (a) that is equal to the unobligated
      balance of amounts made available from the Highway Trust Fund
      (other than the Mass Transit Account) for Federal-aid highway and
      highway safety programs for previous fiscal years the funds for
      which are allocated by the Secretary;
        "(3) shall determine the ratio that - 
          "(A) the obligation authority provided by subsection (a) for
        the fiscal year, less the aggregate of amounts not distributed
        under paragraphs (1) and (2); bears to
          "(B) the total of the sums authorized to be appropriated for
        the Federal-aid highway and highway safety construction
        programs (other than sums authorized to be appropriated for
        provisions of law described in paragraphs (1) through (9) of
        subsection (b) and sums authorized to be appropriated for
        section 105 of title 23, United States Code, equal to the
        amount referred to in subsection (b)(10) for the fiscal year),
        less the aggregate of the amounts not distributed under
        paragraphs (1) and (2);
        "(4)(A) shall distribute the obligation authority provided by
      subsection (a) less the aggregate amounts not distributed under
      paragraphs (1) and (2), for sections 1301, 1302, and 1934 of this
      Act [see Tables for classification], sections 117 [(]but
      individually for each of [sic] project numbered 1 through 3676
      listed in the table contained in section 1702 of this Act [119
      Stat. 1256][)] and 144(g) of title 23, United States Code, and
      section 14501 of title 40, United States Code, and, during fiscal
      year 2005, amounts for programs, projects, and activities
      authorized by section 117 of title I of division H of the
      Consolidated Appropriations Act, 2005 (Public Law 108-447; 118
      Stat. 3212), so that the amount of obligation authority available
      for each of such sections is equal to the amount determined by
      multiplying - 
          "(i) the ratio determined under paragraph (3); by
          "(ii) the sums authorized to be appropriated for that section
        for the fiscal year; and
        "(B) shall distribute $2,000,000,000 for section 105 of title
      23, United States Code;
        "(5) shall distribute among the States the obligation authority
      provided by subsection (a), less the aggregate amounts not
      distributed under paragraphs (1) and (2), for each of the
      programs that are allocated by the Secretary under this Act [see
      Tables for classification] and title 23, United States Code
      (other than to programs to which paragraph (1) applies), by
      multiplying - 
          "(A) the ratio determined under paragraph (3); by
          "(B) the amounts authorized to be appropriated for each such
        program for the fiscal year; and
        "(6) shall distribute the obligation authority provided by
      subsection (a), less the aggregate amounts not distributed under
      paragraphs (1) and (2) and the amounts distributed under
      paragraphs (4) and (5), for Federal-aid highway and highway
      safety construction programs (other than the amounts apportioned
      for the equity bonus program, but only to the extent that the
      amounts apportioned for the equity bonus program for the fiscal
      year are greater than $2,639,000,000, and the Appalachian
      development highway system program) that are apportioned by the
      Secretary under this Act and title 23, United States Code, in the
      ratio that - 
          "(A) amounts authorized to be appropriated for the programs
        that are apportioned to each State for the fiscal year; bear to
          "(B) the total of the amounts authorized to be appropriated
        for the programs that are apportioned to all States for the
        fiscal year.
      "(d) Redistribution of Unused Obligation Authority. -
    Notwithstanding subsection (c), the Secretary [of Transportation]
    shall, after August 1 of each of fiscal years 2005 through 2009 - 
        "(1) revise a distribution of the obligation authority made
      available under subsection (c) if an amount distributed cannot be
      obligated during that fiscal year; and
        "(2) redistribute sufficient amounts to those States able to
      obligate amounts in addition to those previously distributed
      during that fiscal year, giving priority to those States having
      large unobligated balances of funds apportioned under sections
      104 and 144 of title 23, United States Code.
      "(e) Applicability of Obligation Limitations to Transportation
    Research Programs. - 
        "(1) In general. - Except as provided in paragraph (2),
      obligation limitations imposed by subsection (a) shall apply to
      contract authority for transportation research programs carried
      out under - 
          "(A) chapter 5 of title 23, United States Code; and
          "(B) title V (research title) of this Act [see Tables for
        classification].
        "(2) Exception. - Obligation authority made available under
      paragraph (1) shall - 
          "(A) remain available for a period of 3 fiscal years; and
          "(B) be in addition to the amount of any limitation imposed
        on obligations for Federal-aid highway and highway safety
        construction programs for future fiscal years.
      "(f) Redistribution of Certain Authorized Funds. - 
        "(1) In general. - Not later than 30 days after the date of
      distribution of obligation authority under subsection (c) for
      each of fiscal years 2005 through 2009, the Secretary [of
      Transportation] shall distribute to the States any funds that - 
          "(A) are authorized to be appropriated for the fiscal year
        for Federal-aid highway programs; and
          "(B) the Secretary determines will not be allocated to the
        States, and will not be available for obligation, in the fiscal
        year due to the imposition of any obligation limitation for the
        fiscal year.
        "(2) Ratio. - Funds shall be distributed under paragraph (1) in
      the same ratio as the distribution of obligation authority under
      subsection (c)(6).
        "(3) Availability. - Funds distributed under paragraph (1)
      shall be available for any purpose described in section 133(b) of
      title 23, United States Code.
      "(g) Special Limitation Characteristics. - Obligation authority
    distributed for a fiscal year under subsection (c)(4) for the
    provision specified in subsection (c)(4) shall - 
        "(1) remain available until used for obligation of funds for
      that provision; and
        "(2) be in addition to the amount of any limitation imposed on
      obligations for Federal-aid highway and highway safety
      construction programs for future fiscal years.
      "(h) Adjustment in Obligation Limit. - 
        "(1) In general. - Subject to the last sentence of section
      110(a)(2) of title 23, United States Code, a limitation on
      obligations imposed by subsection (a) for a fiscal year shall be
      adjusted by an amount equal to the amount determined in
      accordance with section 251(b)(1)(B) of the Balanced Budget and
      Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)(B)) for
      the fiscal year.
        "(2) Distribution. - An adjustment under paragraph (1) shall be
      distributed in accordance with this section.
      "(i) Special Rule for Fiscal Year 2005. - 
        "(1) In general. - Obligation authority distributed under
      subsection (c)(4) for fiscal year 2005 for sections 1301, 1302,
      and 1934 of this Act [see Tables for classification] and sections
      117 and 144(g) of title 23, United States Code, may be used in
      fiscal year 2005 for purposes of obligation authority distributed
      under subsection (c)(6).
        "(2) Restoration. - Obligation authority used as described in
      paragraph (1) shall be restored to the original purpose on the
      date on which obligation authority is distributed under this
      section for fiscal year 2006.
      "(j) High Priority Project Flexibility. - 
        "(1) In general. - Subject to paragraph (2), obligation
      authority distributed for a fiscal year under subsection (c)(4)
      for each project numbered 1 through 3676 listed in the table
      contained in section 1702 of this Act [119 Stat. 1256] may be
      obligated for any other project in such section in the same
      State.
        "(2) Restoration. - Obligation authority used as described in
      paragraph (1) shall be restored to the original purpose on the
      date on which obligation authority is distributed under this
      section for the next fiscal year following obligation under
      paragraph (1).
      "(k) Limitation on Statutory Construction. - Nothing in this
    section shall be construed to limit the distribution of obligation
    authority under subsection (c)(4)(A) for each of the individual
    projects numbered greater than 3676 listed in the table contained
    in section 1702 of this Act [119 Stat. 1256]."
      Similar provisions for prior fiscal years were contained in the
    following acts:
      Pub. L. 105-178, title I, Sec. 1102, June 9, 1998, 112 Stat. 115,
    as amended by Pub. L. 105-206, title IX, Sec. 9002(b), July 22,
    1998, 112 Stat. 834; Pub. L. 106-159, title I, Sec. 103(b)(2), Dec.
    9, 1999, 113 Stat. 1753.
      Pub. L. 109-115, div. A, title I, Nov. 30, 2005, 119 Stat. 2402,
    provided in part that: "None of the funds in this Act [div. A of
    Pub. L. 109-115, see Tables for classification] shall be available
    for the implementation or execution of programs, the obligations
    for which are in excess of $36,032,343,903 for Federal-aid highways
    and highway safety construction programs for fiscal year 2006."
      Pub. L. 109-115, div. A, title I, Sec. 110, Nov. 30, 2005, 119
    Stat. 2403, provided that:
      "(a) For fiscal year 2006, the Secretary of Transportation shall -
     
        "(1) not distribute from the obligation limitation for Federal-
      aid highways amounts authorized for administrative expenses and
      programs by section 104(a) of title 23, United States Code;
      programs funded from the administrative takedown authorized by
      section 104(a)(1) of title 23, United States Code (as in effect
      on the date before the date of enactment of the Safe,
      Accountable, Flexible, Efficient Transportation Equity Act: A
      Legacy for Users [Aug. 10, 2005]); the highway use tax evasion
      program; the Bureau of Transportation Statistics; the programs,
      projects, and activities funded from the takedown authorized by
      section 112 of this Act [119 Stat. 2407]; and the unobligated
      balances of funds made available for programs, projects, and
      activities funded from the takedown authorized by section 117 of
      title I of division H of the Consolidated Appropriations Act,
      2005 (Public Law 108-447) [118 Stat. 3212] for which no
      obligation limitation has previously been made available;
        "(2) not distribute an amount from the obligation limitation
      for Federal-aid highways that is equal to the unobligated balance
      of amounts made available from the Highway Trust Fund (other than
      the Mass Transit Account) for Federal-aid highways and highway
      safety programs for previous fiscal years the funds for which are
      allocated by the Secretary;
        "(3) determine the ratio that - 
          "(A) the obligation limitation for Federal-aid highways, less
        the aggregate of amounts not distributed under paragraphs (1)
        and (2), bears to
          "(B) the total of the sums authorized to be appropriated for
        Federal-aid highways and highway safety construction programs
        (other than sums authorized to be appropriated for provisions
        of law described in paragraphs (1) through (9) of subsection
        (b) and sums authorized to be appropriated for section 105 of
        title 23, United States Code, equal to the amount referred to
        in subsection (b)(10) for such fiscal year), less the aggregate
        of the amounts not distributed under paragraphs (1) and (2) of
        this subsection;
        "(4)(A) distribute the obligation limitation for Federal-aid
      highways, less the aggregate amounts not distributed under
      paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the
      Safe, Accountable, Flexible, Efficient Transportation Equity Act:
      A Legacy for Users [Pub. L. 109-59, see Tables for
      classification]; sections 117 (but individually for each project
      numbered 1 through 3676 listed in the table contained in section
      1702 of the Safe, Accountable, Flexible, Efficient Transportation
      Equity Act: A Legacy for Users [119 Stat. 1256]) and 144(g) of
      title 23, United States Code; and section 14501 of title 40,
      United States Code, so that the amount of obligation authority
      available for each of such sections is equal to the amount
      determined by multiplying the ratio determined under paragraph
      (3) by the sums authorized to be appropriated for that section
      for the fiscal year; and
        "(B) distribute $2,000,000,000 for section 105 of title 23,
      United States Code;
        "(5) distribute the obligation limitation provided for Federal-
      aid highways, less the aggregate amounts not distributed under
      paragraphs (1) and (2) and amounts distributed under paragraph
      (4), for each of the programs that are allocated by the Secretary
      under the Safe, Accountable, Flexible, Efficient Transportation
      Equity Act: A Legacy for Users [Pub. L. 109-59, see Tables for
      classification] and title 23, United States Code (other than to
      programs to which paragraphs (1) and (4) apply), by multiplying
      the ratio determined under paragraph (3) by the amounts
      authorized to be appropriated for each such program for such
      fiscal year; and
        "(6) distribute the obligation limitation provided for Federal-
      aid highways, less the aggregate amounts not distributed under
      paragraphs (1) and (2) and amounts distributed under paragraphs
      (4) and (5), for Federal-aid highways and highway safety
      construction programs (other than the amounts apportioned for the
      equity bonus program, but only to the extent that the amounts
      apportioned for the equity bonus program for the fiscal year are
      greater than $2,639,000,000, and the Appalachian development
      highway system program) that are apportioned by the Secretary
      under the Safe, Accountable, Flexible, Efficient Transportation
      Equity Act: A Legacy for Users and title 23, United States Code,
      in the ratio that - 
          "(A) amounts authorized to be appropriated for such programs
        that are apportioned to each State for such fiscal year, bear
        to
          "(B) the total of the amounts authorized to be appropriated
        for such programs that are apportioned to all States for such
        fiscal year.
      "(b) Exceptions From Obligation Limitation. - The obligation
    limitation for Federal-aid highways shall not apply to obligations:
    (1) under section 125 of title 23, United States Code; (2) under
    section 147 of the Surface Transportation Assistance Act of 1978
    [Pub. L. 95-599, formerly set out as a note under section 144 of
    this title]; (3) under section 9 of the Federal-Aid Highway Act of
    1981 [Pub. L. 97-134, 95 Stat. 1701]; (4) under subsections (b) and
    (j) of section 131 of the Surface Transportation Assistance Act of
    1982 [Pub. L. 97-424, 96 Stat. 2119, 2123]; (5) under subsections
    (b) and (c) of section 149 of the Surface Transportation and
    Uniform Relocation Assistance Act of 1987 [Pub. L. 100-17, 101
    Stat. 198, 200]; (6) under sections 1103 through 1108 of the
    Intermodal Surface Transportation Efficiency Act of 1991 [Pub. L.
    102-240, see Tables for classification]; (7) under section 157 of
    title 23, United States Code, as in effect on the day before the
    date of the enactment of the Transportation Equity Act for the 21st
    Century [June 9, 1998]; (8) under section 105 of title 23, United
    States Code, as in effect for fiscal years 1998 through 2004, but
    only in an amount equal to $639,000,000 for each of those fiscal
    years; (9) for Federal-aid highway programs for which obligation
    authority was made available under the Transportation Equity Act
    for the 21st Century [Pub. L. 105-178, see Tables for
    classification] or subsequent public laws for multiple years or to
    remain available until used, but only to the extent that the
    obligation authority has not lapsed or been used; (10) under
    section 105 of title 23, United States Code, but only in an amount
    equal to $639,000,000 for each of fiscal years 2005 and 2006; and
    (11) under section 1603 of the Safe, Accountable, Flexible,
    Efficient Transportation Equity Act: A Legacy for Users [Pub. L.
    109-59, set out as a note under section 118 of this title], to the
    extent that funds obligated in accordance with that section were
    not subject to a limitation on obligations at the time at which the
    funds were initially made available for obligation.
      "(c) Redistribution of Unused Obligation Authority. -
    Notwithstanding subsection (a), the Secretary shall, after August 1
    of such fiscal year, revise a distribution of the obligation
    limitation made available under subsection (a) if the amount
    distributed cannot be obligated during that fiscal year and
    redistribute sufficient amounts to those States able to obligate
    amounts in addition to those previously distributed during that
    fiscal year, giving priority to those States having large
    unobligated balances of funds apportioned under sections 104 and
    144 of title 23, United States Code.
      "(d) Applicability of Obligation Limitations to Transportation
    Research Programs. - The obligation limitation shall apply to
    transportation research programs carried out under chapter 5 of
    title 23, United States Code, and title V (research title) of the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users [Pub. L. 109-59, see Tables for classification],
    except that obligation authority made available for such programs
    under such limitation shall remain available for a period of 3
    fiscal years and shall be in addition to the amount of any
    limitation imposed on obligations for Federal-aid highway and
    highway safety construction programs for future fiscal years.
      "(e) Redistribution of Certain Authorized Funds. - 
        "(1) In general. - Not later than 30 days after the date of the
      distribution of obligation limitation under subsection (a), the
      Secretary shall distribute to the States any funds that - 
          "(A) are authorized to be appropriated for such fiscal year
        for Federal-aid highways programs; and
          "(B) the Secretary determines will not be allocated to the
        States, and will not be available for obligation, in such
        fiscal year due to the imposition of any obligation limitation
        for such fiscal year.
        "(2) Ratio. - Funds shall be distributed under paragraph (1) in
      the same ratio as the distribution of obligation authority under
      subsection (a)(6).
        "(3) Availability. - Funds distributed under paragraph (1)
      shall be available for any purposes described in section 133(b)
      of title 23, United States Code.
      "(f) Special Limitation Characteristics. - Obligation limitation
    distributed for a fiscal year under subsection (a)(1) for programs,
    projects, and activities funded from the takedown authorized by
    section 117 of title I of division H of Public Law 108-447 [118
    Stat. 3212] and under subsection (a)(4) for the provision specified
    in subsection (a)(4) shall - 
        "(1) remain available until used for obligation of funds for
      that provision; and
        "(2) be in addition to the amount of any limitation imposed on
      obligations for Federal-aid highway and highway safety
      construction programs for future fiscal years.
      "(g) High Priority Project Flexibility. - 
        "(1) In general. - Subject to paragraph (2), obligation
      authority distributed for such fiscal year under subsection
      (a)(4) for each project numbered 1 through 3676 listed in the
      table contained in section 1702 of the Safe, Accountable,
      Flexible, Efficient Transportation Equity Act: A Legacy for Users
      [Pub. L. 109-59, 119 Stat. 1256] may be obligated for any other
      project in such section in the same State.
        "(2) Restoration. - Obligation authority used as described in
      paragraph (1) shall be restored to the original purpose on the
      date on which obligation authority is distributed under this
      section for the next fiscal year following obligation under
      paragraph (1).
      "(h) Limitation on Statutory Construction. - Nothing in this
    section shall be construed to limit the distribution of obligation
    authority under subsection (a)(4)(A) for each of the individual
    projects numbered greater than 3676 listed in the table contained
    in section 1702 of the Safe, Accountable, Flexible, Efficient
    Transportation Equity Act: A Legacy for Users [Pub. L. 109-59, 119
    Stat. 1256]."
      Similar provisions for prior fiscal years were contained in the
    following acts:
      Pub. L. 108-447, div. H, title I, Dec. 8, 2004, 118 Stat. 3204.
      Pub. L. 108-447, div. H, title I, Sec. 110, Dec. 8, 2004, 118
    Stat. 3209.
      Pub. L. 108-199, div. F, title I, Jan. 23, 2004, 118 Stat. 285.
      Pub. L. 108-199, div. F, title I, Sec. 110, Jan. 23, 2004, 118
    Stat. 290, as amended by Pub. L. 108-202, Sec. 8(b), Feb. 29, 2004,
    118 Stat. 484; Pub. L. 108-287, title X, Sec. 14003(a) Aug. 5,
    2004, 118 Stat. 1013.
      Pub. L. 108-7, div. I, title I, title III, Sec. 310, Feb. 20,
    2003, 117 Stat. 393, 407.
      Pub. L. 107-87, title I, title III, Sec. 310, Dec. 18, 2001, 115
    Stat. 841, 855.
      Pub. L. 106-346, Sec. 101(a) [title I, title III, Sec. 310], Oct.
    23, 2000, 114 Stat. 1356, 1356A-7, 1356A-24.
      Pub. L. 106-69, title I, title III, Sec. 310, Oct. 9, 1999, 113
    Stat. 994, 1016.
      Pub. L. 105-277, div. A, Sec. 101(g) [title I, title III, Sec.
    310], Oct. 21, 1998, 112 Stat. 2681-439, 2681-446, 2681-465.
      Pub. L. 105-66, title I, title III, Sec. 310, Oct. 27, 1997, 111
    Stat. 1431, 1442.
      Pub. L. 104-205, title I, title III, Sec. 310, Sept. 30, 1996,
    110 Stat. 2958, 2969.
      Pub. L. 104-50, title I, title III, Sec. 310, Nov. 15, 1995, 109
    Stat. 443, 454.
      Pub. L. 103-331, title I, Sept. 30, 1994, 108 Stat. 2477; Pub. L.
    104-19, title I, July 27, 1995, 109 Stat. 223.
      Pub. L. 103-331, title III, Sec. 310, Sept. 30, 1994, 108 Stat.
    2489, as amended by Pub. L. 104-59, title III, Sec. 338(c)(3), Nov.
    28, 1995, 109 Stat. 605.
      Pub. L. 103-122, title I, title III, Sec. 310, Oct. 27, 1993, 107
    Stat. 1206, 1220, as amended by Pub. L. 103-211, title II, Feb. 12,
    1994, 108 Stat. 20.
      Pub. L. 102-388, title I, title III, Sec. 310, Oct. 6, 1992, 106
    Stat. 1528, 1544.
      Pub. L. 102-240, title I, Sec. 1002(a)-(g), Dec. 18, 1991, 105
    Stat. 1916-1918.
      Pub. L. 102-143, title I, title III, Sec. 310, Oct. 28, 1991, 105
    Stat. 925, 940.
      Pub. L. 101-516, title I, title III, Sec. 310, Nov. 5, 1990, 104
    Stat. 2163, 2179.
      Pub. L. 101-164, title I, title III, Sec. 310, Nov. 21, 1989, 103
    Stat. 1077, 1092.
      Pub. L. 100-457, title I, title III, Sec. 310, Sept. 30, 1988,
    102 Stat. 2132, 2146.
      Pub. L. 100-202, Sec. 101(l) [title I, title III, Sec. 310], Dec.
    22, 1987, 101 Stat. 1329-358, 1329-365, 1329-378.
      Pub. L. 100-17, title I, Sec. 105(a)-(g), Apr. 2, 1987, 101 Stat.
    142-144.
      Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title I, title III, Sec.
    313(a)-(d)], Oct. 18, 1986, 100 Stat. 1783-308, and Pub. L. 99-591,
    Sec. 101(l) [H.R. 5205, title I, title III, Sec. 313(a)-(d)], Oct.
    30, 1986, 100 Stat. 3341-308.
      Pub. L. 99-272, title IV, Sec. 4102(a)-(e), Apr. 7, 1986, 100
    Stat. 112, 113.
      Pub. L. 99-190, Sec. 101(e) [title I, title III, Sec. 313], Dec.
    19, 1985, 99 Stat. 1267, 1275, 1285.
      Pub. L. 98-473, title I, Sec. 101(i) [title I, title III, Sec.
    315], Oct. 12, 1984, 98 Stat. 1944, 1951, 1962.
      Pub. L. 98-78, title I, title III, Sec. 322, Aug. 15, 1983, 97
    Stat. 460, 474.
      Pub. L. 98-8, title I, Mar. 24, 1983, 97 Stat. 14.
      Pub. L. 97-424, title I, Sec. 104(a)-(d), Jan. 6, 1983, 96 Stat.
    2098.
      Pub. L. 97-134, Sec. 3, Dec. 29, 1981, 95 Stat. 1699, as amended
    by Pub. L. 97-216, title I, July 19, 1982, 96 Stat. 187.
      Pub. L. 97-35, title XI, Sec. 1106, Aug. 13, 1981, 95 Stat. 624,
    as amended by Pub. L. 97-424, title I, Sec. 104(e), Jan. 6, 1983,
    96 Stat. 2099.

    APPORTIONMENT FACTORS FOR EXPENDITURES ON SYSTEM OF INTERSTATE AND
                             DEFENSE HIGHWAYS
      Provisions requiring the Secretary of Transportation to apportion
    for specific fiscal years sums authorized to be appropriated for
    such fiscal years by section 108(b) of the Federal-Aid Highway Act
    of 1956, set out as a note under section 101 of this title, for
    expenditures on the National System of Interstate and Defense
    Highways [now Dwight D. Eisenhower System of Interstate and Defense
    Highways] using the apportionment factors contained in certain
    tables in particular committee prints of the Committee on Public
    Works and Transportation of the House of Representatives were
    contained in the following acts:
      Pub. L. 102-240, title I, Sec. 1001(b), Dec. 18, 1991, 105 Stat.
    1915.
      Pub. L. 100-17, title I, Sec. 102(a), Apr. 2, 1987, 101 Stat.
    135.
      Pub. L. 99-104, Sec. 1, Sept. 30, 1985, 99 Stat. 474.
      Pub. L. 99-4, Sec. 1, Mar. 13, 1985, 99 Stat. 6.
      Pub. L. 98-229, Sec. 1, Mar. 9, 1984, 98 Stat. 55.
      Pub. L. 97-327, Sec. 3, Oct. 15, 1982, 96 Stat. 1611.
      Pub. L. 97-134, Sec. 2, Dec. 29, 1981, 95 Stat. 1699.
      Pub. L. 96-144, Sec. 1, Dec. 13, 1979, 93 Stat. 1084.
      Pub. L. 95-599, title I, Sec. 103, Nov. 6, 1978, 92 Stat. 2689.
      Pub. L. 94-280, title I, Sec. 103, May 5, 1976, 90 Stat. 426.
      Pub. L. 93-87, title I, Sec. 103, Aug. 13, 1973, 87 Stat. 250.
      Pub. L. 91-605, title I, Sec. 103, Dec. 31, 1970, 84 Stat. 1714.
      Pub. L. 90-495, Sec. 3, Aug. 23, 1968, 82 Stat. 815.
      Pub. L. 89-574, Sec. 3, Sept. 13, 1966, 80 Stat. 766.
      Pub. L. 89-139, Sec. 2, Aug. 28, 1965, 79 Stat. 578.

    MINIMUM APPORTIONMENT TO EACH STATE; EXPENDITURE OF EXCESS AMOUNTS
      Provisions entitling each State, for specific fiscal years, to
    receive at least one-half of 1 per centum of the total
    apportionment for the Interstate System under section 104(b)(5)(A)
    of this title, and authorizing States to expend amounts available
    under these provisions which are in excess of the estimated cost of
    completing and of necessary resurfacing, restoring, rehabilitating,
    and reconstruction of the State's portion of the Interstate System
    for the purposes for which funds apportioned under section
    104(b)(1), (2), and (6) of this title may be expended or for
    carrying out section 152 of this title were contained in the
    following acts:
      Pub. L. 100-17, title I, Sec. 102(c), Apr. 2, 1987, 101 Stat.
    135, as amended by Pub. L. 102-240, title I, Sec. 1001(h), Dec. 18,
    1991, 105 Stat. 1916.
      Pub. L. 97-424, title I, Sec. 103(a), Jan. 6, 1983, 96 Stat.
    2097.
      Pub. L. 97-327, Sec. 4(b), Oct. 15, 1982, 96 Stat. 1612; repealed
    Pub. L. 97-424, title I, Sec. 103(b), Jan. 6, 1983, 96 Stat. 2098.
      Pub. L. 95-599, title I, Sec. 104(b)(1), Nov. 6, 1978, 92 Stat.
    2691.
      Pub. L. 94-280, title I, Sec. 105(b)(1), May 5, 1976, 90 Stat.
    428.
      Pub. L. 93-87, title I, Sec. 104(b), Aug. 13, 1973, 87 Stat. 252.
      Pub. L. 91-605, title I, Sec. 105(b), Dec. 31, 1970, 84 Stat.
    1716.

                 PUBLIC BOAT LAUNCHING AREAS; ACCESS RAMPS             
      Section 147 of Pub. L. 94-280 provided that: "Funds apportioned
    to States under subsections (b)(1), (b)(2), and (b)(6) of section
    104 of title 23, United States Code, may be used upon the
    application of the State and the approval of the Secretary of
    Transportation for construction of access ramps from bridges under
    construction or which are being reconstructed, replaced, repaired,
    or otherwise altered on the Federal-aid primary, secondary, or
    urban system to public boat launching areas adjacent to such
    bridges. Approval of the Secretary shall be in accordance with
    guidelines developed jointly by the Secretary of Transportation and
    the Secretary of the Interior."

    USE OF FEDERAL FUNDS DURING PERIOD BEGINNING FEBRUARY 12, 1975, AND
                         ENDING SEPTEMBER 30, 1975
      Pub. L. 94-30, Sec. 3, June 4, 1975, 89 Stat. 171, sanctioned the
    use of any money apportioned under section 104(b) of this title for
    any Federal-aid highway system in a State for any project in that
    State on any Federal-aid highway system, such amount to be deducted
    from the apportionment made after June 4, 1975 and repaid and
    credited to the last apportionment made for which the money was
    originally apportioned.

    MINIMUM APPORTIONMENT FOR PRIMARY SYSTEM; ADDITIONAL APPROPRIATIONS
           FOR FISCAL YEARS ENDING JUNE 30, 1974, 1975, AND 1976
      Section 111(b) of Pub. L. 93-87 provided that: "Notwithstanding
    the amendments made by subsection (a) of this section [to subsecs.
    (b)(1), (2), (6), (c) and (d) of this section] no State (other than
    the District of Columbia) shall receive an apportionment for the
    primary system which is less than the apportionment which such
    State received for such system for the fiscal year ending June 30,
    1973. In order to carry out this subsection, there is authorized to
    be appropriated out of the Highway Trust Fund for the Federal-aid
    primary system, an additional $17,000,000 for the fiscal year
    ending June 30, 1974, and $15,000,000 per fiscal year for the
    fiscal years ending June 30, 1975, and June 30, 1976."

           SECTION 102(A) OF THE FEDERAL-AID HIGHWAY ACT OF 1956       
      Act June 29, 1956, ch. 462, title I, Sec. 102(a), 70 Stat. 374,
    authorized, for the purpose of carrying out the provisions of the
    Federal-Aid Road Act approved July 11, 1916, additional
    appropriations of $125,000,000 for the fiscal year ending June 30,
    1957, $850,000,000 for the fiscal year ending June 30, 1958, and
    $875,000,000 for the fiscal year ending June 30, 1959, and provided
    for the percentage allocation of these funds for primary, secondary
    and urban systems and the manner of apportionment among the States.

    APPROVAL OF ESTIMATE OF COST OF COMPLETING THE INTERSTATE SYSTEM AS
      BASIS FOR APPORTIONMENT OF FUNDS FOR FISCAL YEARS 1963 TO 1966
      Pub. L. 87-61, title I, Sec. 102, June 29, 1961, 75 Stat. 122,
    approved the estimate of cost of completing the Interstate System
    in each State, transmitted to the Congress on Jan. 11, 1961, as the
    basis for making the apportionment of funds authorized for the
    fiscal years ending June 30, 1963, 1964, 1965, and 1966.

    APPROVAL OF ESTIMATE OF COST OF COMPLETING THE INTERSTATE SYSTEM AS
        BASIS FOR APPORTIONMENT OF FUNDS FOR FISCAL YEARS 1960-1962
      Pub. L. 85-381, Sec. 8, Apr. 16, 1958, 72 Stat. 94, as amended by
    Pub. L. 85-899, Sec. 1, Sept. 2, 1958, 72 Stat. 1725; Pub. L. 86-
    342, title I, Sec. 103, Sept. 21, 1959, 73 Stat. 611, approved the
    estimate of cost of completing the Interstate System in each State,
    transmitted to the Congress on Jan. 7, 1958, as the basis for
    making the apportionment of funds authorized for the fiscal years
    ending June 30, 1960, 1961, and 1962.

     APPORTIONMENTS FOR SUBSEQUENT YEARS BASED ON REVISED ESTIMATES OF
                                   COST
      Act June 29, 1956, ch. 462, title I, Sec. 108(d), 70 Stat. 379,
    as amended by act Sept. 2, 1958, Pub. L. 85-899, Sec. 2, 72 Stat.
    1725, provided that the sums authorized for the fiscal years 1960
    through 1969 be apportioned among the several States in the ratio
    which the estimated cost of completing the Interstate System had to
    the sum of the estimated cost of completing the Interstate System
    in all of the States, and required the Secretary of Commerce, in
    cooperation with State highway departments, to make detailed
    revised estimates of the cost of completion of the system and to
    supply Congress with such revised estimate.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    23 USC Sec. 105                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 105. Equity bonus program

-STATUTE-
      (a) Program. - 
        (1) In general. - Subject to subsections (c) and (d), for each
      of fiscal years 2005 through 2009, the Secretary shall allocate
      among the States amounts sufficient to ensure that no State
      receives a percentage of the total apportionments for the fiscal
      year for the programs specified in paragraph (2) that is less
      than the percentage calculated under subsection (b).
        (2) Specific programs. - The programs referred to in subsection
      (a) are - 
          (A) the Interstate maintenance program under section 119;
          (B) the national highway system program under section 103;
          (C) the highway bridge replacement and rehabilitation program
        under section 144;
          (D) the surface transportation program under section 133;
          (E) the highway safety improvement program under section 148;
          (F) the congestion mitigation and air quality improvement
        program under section 149;
          (G) metropolitan planning programs under section 104(f);
          (H) the high priority projects program under section 117;
          (I) the equity bonus program under this section;
          (J) the Appalachian development highway system program under
        subtitle IV of title 40;
          (K) the recreational trails program under section 206;
          (L) the safe routes to school program under section 1404 of
        the SAFETEA-LU;
          (M) the rail-highway grade crossing program under section
        130; and
          (N) the coordinated border infrastructure program under
        section 1303 of the SAFETEA-LU.

      (b) State Percentage. - 
        (1) In general. - The percentage referred to in subsection (a)
      for each State shall be - 
          (A) for each of fiscal years 2005 and 2006, 90.5 percent, for
        fiscal year 2007, 91.5 percent, and for each of fiscal years
        2008 and 2009, 92 percent, of the quotient obtained by dividing
        - 
            (i) the estimated tax payments attributable to highway
          users in the State paid into the Highway Trust Fund (other
          than the Mass Transit Account) in the most recent fiscal year
          for which data are available; by
            (ii) the estimated tax payments attributable to highway
          users in all States paid into the Highway Trust Fund (other
          than the Mass Transit Account) for the fiscal year; or

          (B) for a State with a total population density of less than
        40 persons per square mile (as reported in the decennial census
        conducted by the Federal Government in 2000) and of which at
        least 1.25 percent of the total acreage is under Federal
        jurisdiction, based on the report of the General Services
        Administration entitled "Federal Real Property Profile" and
        dated September 30, 2004, a State with a total population of
        less than 1,000,000 (as reported in that decennial census), a
        State with a median household income of less than $35,000 (as
        reported in that decennial census), a State with a fatality
        rate during 2002 on Interstate highways that is greater than
        one fatality for each 100,000,000 vehicle miles traveled on
        Interstate highways, or a State with an indexed, State motor
        fuels excise tax rate higher than 150 percent of the Federal
        motor fuels excise tax rate as of the date of enactment of the
        SAFETEA-LU, the greater of - 
            (i) the applicable percentage under subparagraph (A); or
            (ii) the average percentage of the State's share of total
          apportionments for the period of fiscal years 1998 through
          2003 for the programs specified in paragraph (2).

        (2) Specific programs. - The programs referred to in paragraph
      (1)(B)(ii) are (as in effect on the day before the date of
      enactment of the SAFETEA-LU) - 
          (A) the Interstate maintenance program under section 119;
          (B) the national highway system program under section 103;
          (C) the highway bridge replacement and rehabilitation program
        under section 144;
          (D) the surface transportation program under section 133;
          (E) the recreational trails program under section 206;
          (F) the high priority projects program under section 117;
          (G) the minimum guarantee provided under this section;
          (H) revenue aligned budget authority amounts provided under
        section 110;
          (I) the congestion mitigation and air quality improvement
        program under section 149;
          (J) the Appalachian development highway system program under
        subtitle IV of title 40; and
          (K) metropolitan planning programs under section 104(f).

      (c) Special Rules. - 
        (1) Minimum combined allocation. - For each fiscal year, before
      making the allocations under subsection (a)(1), the Secretary
      shall allocate among the States amounts sufficient to ensure that
      no State receives a combined total of amounts allocated under
      subsection (a)(1), apportionments for the programs specified in
      subsection (a)(2), and amounts allocated under this subsection,
      that is less than the following percentages of the average for
      fiscal years 1998 through 2003 of the annual apportionments for
      the State for all programs specified in subsection (b)(2):
          (A) For fiscal year 2005, 117 percent.
          (B) For fiscal year 2006, 118 percent.
          (C) For fiscal year 2007, 119 percent.
          (D) For fiscal year 2008, 120 percent.
          (E) For fiscal year 2009, 121 percent.

        (2) No negative adjustment. - No negative adjustment shall be
      made under subsection (a)(1) to the apportionment of any State.

      (d) Treatment of Funds. - 
        (1) Programmatic distribution. - The Secretary shall apportion
      the amounts made available under this section that exceed
      $2,639,000,000 so that the amount apportioned to each State under
      this paragraph for each program referred to in subparagraphs (A)
      through (F) of subsection (a)(2) is equal to the amount
      determined by multiplying the amount to be apportioned under this
      paragraph by the ratio that - 
          (A) the amount of funds apportioned to each State for each
        program referred to in subparagraphs (A) through (F) of
        subsection (a)(2) for a fiscal year; bears to
          (B) the total amount of funds apportioned to such State for
        all such programs for such fiscal year.

        (2) Remaining distribution. - The Secretary shall administer
      the remainder of funds made available under this section to the
      States in accordance with section 104(b)(3), except that
      paragraphs (1) through (3) of section 133(d) shall not apply to
      amounts administered pursuant to this paragraph.

      (e) Metro Planning Set Aside. - Notwithstanding section 104(f),
    no set aside provided for under that section shall apply to funds
    allocated under this section.
      (f) Authorization of Appropriations. - There are authorized to be
    appropriated from the Highway Trust Fund (other than the Mass
    Transit Account) such sums as are necessary to carry out this
    section for each of fiscal years 2005 through 2009.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 891; Pub. L. 86-624, Sec.
    17(b), July 12, 1960, 74 Stat. 415; Pub. L. 89-564, title II, Sec.
    206, Sept. 9, 1966, 80 Stat. 736; Pub. L. 91-605, title I, Secs.
    106(d), 132, Dec. 31, 1970, 84 Stat. 1717, 1732; Pub. L. 93-87,
    title I, Sec. 109(b), Aug. 13, 1973, 87 Stat. 255; Pub. L. 95-599,
    title I, Secs. 111, 112, Nov. 6, 1978, 92 Stat. 2696; Pub. L. 97-
    424, title I, Sec. 109(a), Jan. 6, 1983, 96 Stat. 2104; Pub. L.
    102-240, title I, Sec. 1105(g)(7), Dec. 18, 1991, 105 Stat. 2036;
    Pub. L. 105-178, title I, Sec. 1104(a), (c), June 9, 1998, 112
    Stat. 127; Pub. L. 105-206, title IX, Sec. 9002(d), July 22, 1998,
    112 Stat. 835; Pub. L. 109-59, title I, Sec. 1104(a), Aug. 10,
    2005, 119 Stat. 1163.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1404 of the SAFETEA-LU, referred to in subsec. (a)(2)(L),
    is section 1404 of Pub. L. 109-59, which is set out as a note under
    section 402 of this title.
      Section 1303 of the SAFETEA-LU, referred to in subsec. (a)(2)(N),
    is section 1303 of Pub. L. 109-59, which is set out as a note under
    section 101 of this title.
      The date of enactment of the SAFETEA-LU, referred to in subsec.
    (b)(1)(B), (2), is the date of enactment of Pub. L. 109-59, which
    was approved Aug. 10, 2005.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-59 amended section catchline and text
    generally, substituting provisions relating to equity bonus program
    for allocating amounts among the States for each of fiscal years
    2005 through 2009 for provisions relating to minimum guarantee to
    each State of funds apportioned under this chapter for each of
    fiscal years 1998 through 2003.
      1998 - Pub. L. 105-178 amended section catchline and text
    generally, substituting provisions relating to minimum guarantee to
    each State of funds apportioned under chapter for provisions
    relating to programs to be submitted by State highway departments
    for approval by Secretary for utilization of funds apportioned
    under chapter.
      Subsec. (a). Pub. L. 105-178, Sec. 1104(c)(1), as added by Pub.
    L. 105-206, Sec. 9002(d), inserted at end "The minimum amount
    allocated to a State under this section for a fiscal year shall be
    $1,000,000."
      Subsec. (c)(1). Pub. L. 105-178, Sec. 1104(c)(2), as added by
    Pub. L. 105-206, Sec. 9002(d), struck out "50 percent of" after
    "shall apportion" in introductory provisions.
      Subsec. (c)(1)(A). Pub. L. 105-178, Sec. 1104(c)(3), as added by
    Pub. L. 105-206, Sec. 9002(d), inserted "(other than metropolitan
    planning, minimum guarantee, high priority projects, Appalachian
    development highway system, and recreational trails programs)"
    after "subsection (a)".
      Subsec. (c)(1)(B). Pub. L. 105-178, Sec. 1104(c)(4), as added by
    Pub. L. 105-206, Sec. 9002(d), substituted "each State" for "all
    States".
      Subsec. (c)(2). Pub. L. 105-178, Sec. 1104(c)(5), as added by
    Pub. L. 105-206, Sec. 9002(d), substituted "administer" for
    "apportion" and "administered" for "apportioned".
      Subsec. (f)(1). Pub. L. 105-178, Sec. 1104(c)(6)(A), as added by
    Pub. L. 105-206, Sec. 9002(d), inserted "percentage" before
    "return".
      Subsec. (f)(2). Pub. L. 105-178, Sec. 1104(c)(6)(A), (B), as
    added by Pub. L. 105-206, Sec. 9002(d), inserted "percentage"
    before "return" and substituted "in the table in subsection (b) was
    equal to" for "for the preceding fiscal year was equal to or less
    than".
      Subsec. (f)(3). Pub. L. 105-178, Sec. 1104(c)(6)(C), as added by
    Pub. L. 105-206, Sec. 9002(d), inserted "proportionately" before
    "adjust", struck out "set forth" before "in subsection (b)", and
    substituted "is equal to" for "do not exceed".
      Subsec. (f)(4). Pub. L. 105-178, Sec. 1104(c)(6)(A), as added by
    Pub. L. 105-206, Sec. 9002(d), inserted "percentage" before
    "return".
      1991 - Subsec. (k). Pub. L. 102-240 added subsec. (k).
      1983 - Subsec. (h). Pub. L. 97-424 added subsec. (h).
      1978 - Subsec. (b). Pub. L. 95-599, Sec. 111, inserted provision
    relating to selection of program projects after consultation with
    local officials in situations where public roads and highways are
    under control and supervision of State highway departments.
      Subsec. (g). Pub. L. 95-599, Sec. 112, substituted "public
    airports, public ports for water transportation, new town
    communities, and new town-intown communities," for "public airports
    and public ports for water transportation,".
      1973 - Subsec. (d). Pub. L. 93-87 substituted "projects be
    selected by the appropriate local officials with the concurrence of
    the State highway department of each State and, in urbanized areas,
    also in accordance with the planning process required pursuant to
    section 134 of this title", for "projects be selected by the
    appropriate local officials and the State highway department in
    cooperation with each other".
      1970 - Subsecs. (d) to (f). Pub. L. 91-605, Sec. 106(d), added
    subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and
    (f), respectively.
      Subsec. (g). Pub. L. 91-605, Sec. 132, added subsec. (g).
      1966 - Subsec. (e). Pub. L. 89-564 added subsec. (e).
      1960 - Subsec. (e). Pub. L. 86-624 repealed subsec. (e) which
    required the Secretary, in approving programs in Hawaii, to give
    preference to such projects as will expedite the completion of
    highways for the national defense or which will connect seaports
    with units of the national parks.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                         ACCELERATION OF PROJECTS                     
      Section 129 of Pub. L. 97-424 provided that: "The Secretary of
    Transportation shall by rule or regulation establish, as soon as
    practicable, alternative methods for processing projects under
    title 23, United States Code, so as to reduce the time required
    from the request for project approval through the completion of
    construction. In carrying out this section the Secretary shall
    utilize the knowledge and experience resulting from the
    demonstration project authorized by and carried out under section
    141 of the Federal-Aid Highway Act of 1976 [Pub. L. 94-280, title
    I, Sec. 141, May 5, 1976, 90 Stat. 444, set out as a note under
    section 124 of this title]."

-End-



-CITE-
    23 USC Sec. 106                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 106. Project approval and oversight

-STATUTE-
      (a) In General. - 
        (1) Submission of plans, specifications, and estimates. -
      Except as otherwise provided in this section, each State
      transportation department shall submit to the Secretary for
      approval such plans, specifications, and estimates for each
      proposed project as the Secretary may require.
        (2) Project agreement. - The Secretary shall act on the plans,
      specifications, and estimates as soon as practicable after the
      date of their submission and shall enter into a formal project
      agreement with the State transportation department formalizing
      the conditions of the project approval.
        (3) Contractual obligation. - The execution of the project
      agreement shall be deemed a contractual obligation of the Federal
      Government for the payment of the Federal share of the cost of
      the project.
        (4) Guidance. - In taking action under this subsection, the
      Secretary shall be guided by section 109.

      (b) Project Agreement. - 
        (1) Provision of state funds. - The project agreement shall
      make provision for State funds required to pay the State's non-
      Federal share of the cost of construction of the project and to
      pay for maintenance of the project after completion of
      construction.
        (2) Representations of state. - If a part of the project is to
      be constructed at the expense of, or in cooperation with,
      political subdivisions of the State, the Secretary may rely on
      representations made by the State transportation department with
      respect to the arrangements or agreements made by the State
      transportation department and appropriate local officials for
      ensuring that the non-Federal contribution will be provided under
      paragraph (1).

      (c) Assumption by States of Responsibilities of the Secretary. - 
        (1) Non-interstate nhs projects. - For projects under this
      title that are on the National Highway System but not on the
      Interstate System, the State may assume the responsibilities of
      the Secretary under this title for design, plans, specifications,
      estimates, contract awards, and inspections of projects unless
      the State or the Secretary determines that such assumption is not
      appropriate.
        (2) Non-nhs projects. - For projects under this title that are
      not on the National Highway System, the State shall assume the
      responsibilities of the Secretary under this title for design,
      plans, specifications, estimates, contract awards, and inspection
      of projects, unless the State determines that such assumption is
      not appropriate.
        (3) Agreement. - The Secretary and the State shall enter into
      an agreement relating to the extent to which the State assumes
      the responsibilities of the Secretary under this subsection.
        (4) Limitation on authority of secretary. - The Secretary may
      not assume any greater responsibility than the Secretary is
      permitted under this title on September 30, 1997, except upon
      agreement by the Secretary and the State.

      (d) Responsibilities of the Secretary. - Nothing in this section,
    section 133, or section 149 shall affect or discharge any
    responsibility or obligation of the Secretary under - 
        (1) section 113 or 114; or
        (2) any Federal law other than this title (including section
      5333 of title 49).

      (e) Value Engineering Analysis. - 
        (1) Definition of value engineering analysis. - 
          (A) In general. - In this subsection, the term "value
        engineering analysis" means a systematic process of review and
        analysis of a project, during the concept and design phases, by
        a multidisciplined team of persons not involved in the project,
        that is conducted to provide recommendations such as those
        described in subparagraph (B) for - 
            (i) providing the needed functions safely, reliably, and at
          the lowest overall cost;
            (ii) improving the value and quality of the project; and
            (iii) reducing the time to complete the project.

          (B) Inclusions. - The recommendations referred to in
        subparagraph (A) include, with respect to a project - 
            (i) combining or eliminating otherwise inefficient use of
          costly parts of the original proposed design for the project;
          and
            (ii) completely redesigning the project using different
          technologies, materials, or methods so as to accomplish the
          original purpose of the project.

        (2) Analysis. - The State shall provide a value engineering
      analysis or other cost-reduction analysis for - 
          (A) each project on the Federal-aid system with an estimated
        total cost of $25,000,000 or more;
          (B) a bridge project with an estimated total cost of
        $20,000,000 or more; and
          (C) any other project the Secretary determines to be
        appropriate.

        (3) Major projects. - The Secretary may require more than 1
      analysis described in paragraph (2) for a major project described
      in subsection (h).
        (4) Requirements. - Analyses described in paragraph (1) for a
      bridge project shall - 
          (A) include bridge substructure requirements based on
        construction material; and
          (B) be evaluated - 
            (i) on engineering and economic bases, taking into
          consideration acceptable designs for bridges; and
            (ii) using an analysis of life-cycle costs and duration of
          project construction.

      (f) Life-Cycle Cost Analysis. - 
        (1) Use of life-cycle cost analysis. - The Secretary shall
      develop recommendations for the States to conduct life-cycle cost
      analyses. The recommendations shall be based on the principles
      contained in section 2 of Executive Order No. 12893 and shall be
      developed in consultation with the American Association of State
      Highway and Transportation Officials. The Secretary shall not
      require a State to conduct a life-cycle cost analysis for any
      project as a result of the recommendations required under this
      subsection.
        (2) Life-cycle cost analysis defined. - In this subsection, the
      term "life-cycle cost analysis" means a process for evaluating
      the total economic worth of a usable project segment by analyzing
      initial costs and discounted future costs, such as maintenance,
      user costs, reconstruction, rehabilitation, restoring, and
      resurfacing costs, over the life of the project segment.

      (g) Oversight Program. - 
        (1) Establishment. - 
          (A) In general. - The Secretary shall establish an oversight
        program to monitor the effective and efficient use of funds
        authorized to carry out this title.
          (B) Minimum requirement. - At a minimum, the program shall be
        responsive to all areas relating to financial integrity and
        project delivery.

        (2) Financial integrity. - 
          (A) Financial management systems. - The Secretary shall
        perform annual reviews that address elements of the State
        transportation departments' financial management systems that
        affect projects approved under subsection (a).
          (B) Project costs. - The Secretary shall develop minimum
        standards for estimating project costs and shall periodically
        evaluate the practices of States for estimating project costs,
        awarding contracts, and reducing project costs.

        (3) Project delivery. - The Secretary shall perform annual
      reviews that address elements of the project delivery system of a
      State, which elements include one or more activities that are
      involved in the life cycle of a project from conception to
      completion of the project.
        (4) Responsibility of the states. - 
          (A) In general. - The States shall be responsible for
        determining that subrecipients of Federal funds under this
        title have - 
            (i) adequate project delivery systems for projects approved
          under this section; and
            (ii) sufficient accounting controls to properly manage such
          Federal funds.

          (B) Periodic review. - The Secretary shall periodically
        review the monitoring of subrecipients by the States.

        (5) Specific oversight responsibilities. - 
          (A) Effect of section. - Nothing in this section shall affect
        or discharge any oversight responsibility of the Secretary
        specifically provided for under this title or other Federal
        law.
          (B) Appalachian development highways. - The Secretary shall
        retain full oversight responsibilities for the design and
        construction of all Appalachian development highways under
        section 14501 of title 40.

      (h) Major Projects. - 
        (1) In general. - Notwithstanding any other provision of this
      section, a recipient of Federal financial assistance for a
      project under this title with an estimated total cost of
      $500,000,000 or more, and recipients for such other projects as
      may be identified by the Secretary, shall submit to the Secretary
      for each project - 
          (A) a project management plan; and
          (B) an annual financial plan.

        (2) Project management plan. - A project management plan shall
      document - 
          (A) the procedures and processes that are in effect to
        provide timely information to the project decisionmakers to
        effectively manage the scope, costs, schedules, and quality of,
        and the Federal requirements applicable to, the project; and
          (B) the role of the agency leadership and management team in
        the delivery of the project.

        (3) Financial plan. - A financial plan shall - 
          (A) be based on detailed estimates of the cost to complete
        the project; and
          (B) provide for the annual submission of updates to the
        Secretary that are based on reasonable assumptions, as
        determined by the Secretary, of future increases in the cost to
        complete the project.

      (i) Other Projects. - A recipient of Federal financial assistance
    for a project under this title with an estimated total cost of
    $100,000,000 or more that is not covered by subsection (h) shall
    prepare an annual financial plan. Annual financial plans prepared
    under this subsection shall be made available to the Secretary for
    review upon the request of the Secretary.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 88-157, Sec.
    7(a), Oct. 24, 1963, 77 Stat. 278; Pub. L. 91-605, title I, Secs.
    106(e), 142, Dec. 31, 1970, 84 Stat. 1717, 1737; Pub. L. 94-280,
    title I, Sec. 114, May 5, 1976, 90 Stat. 436; Pub. L. 100-17, title
    I, Sec. 133(b)(4), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102-240,
    title I, Secs. 1016(b), 1018(a), Dec. 18, 1991, 105 Stat. 1945,
    1948; Pub. L. 104-59, title III, Sec. 303, Nov. 28, 1995, 109 Stat.
    578; Pub. L. 105-178, title I, Sec. 1305(a)-(c), June 9, 1998, 112
    Stat. 227-229; Pub. L. 109-59, title I, Sec. 1904(a), Aug. 10,
    2005, 119 Stat. 1465.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order No. 12893, referred to in subsec. (f)(1), is set
    out as a note under section 501 of Title 31, Money and Finance.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (e). Pub. L. 109-59, Sec. 1904(a)(1), added
    subsec. (e) and struck out heading and text of former subsec. (e).
    Text read as follows: "For such projects as the Secretary
    determines advisable, plans, specifications, and estimates for
    proposed projects on any Federal-aid highway shall be accompanied
    by a value engineering analysis or other cost reduction analysis."
      Subsecs. (g) to (i). Pub. L. 109-59, Sec. 1904(a)(2), added
    subsecs. (g) to (i) and struck out former subsecs. (g) and (h)
    which related to establishment of a value engineering analysis
    program for projects with an estimated total cost of $25,000,000 or
    more and requirement that recipient of assistance for a project
    with an estimated total cost of $1,000,000,000 or more submit an
    annual financial plan for the project.
      1998 - Pub. L. 105-178, Sec. 1305(a)(1), substituted "Project
    approval and oversight" for "Plans, specifications, and estimates"
    in section catchline.
      Subsecs. (a) to (d). Pub. L. 105-178, Sec. 1305(a)(3), added
    subsecs. (a) to (d) and struck out former subsecs. (a) to (d) which
    related to requirement for State highway departments to submit to
    Secretary for approval plans, specifications, and estimates for
    each proposed highway project, special rules relating to
    resurfacing, restoring, and rehabilitating projects on National
    Highway System, to low-cost National Highway System projects, and
    to non-National Highway System projects, limitation on estimates
    for construction engineering, and provisions relating to value
    engineering or other cost reduction analysis.
      Subsec. (e). Pub. L. 105-178, Sec. 1305(a)(3), added subsec. (e).
    Former subsec. (e) redesignated (f).
      Subsec. (f). Pub. L. 105-178, Sec. 1305(c), added subsec. (f) and
    struck out former subsec. (f) which read as follows:
      "(f) Life-Cycle Cost Analysis. - 
        "(1) Establishment. - The Secretary shall establish a program
      to require States to conduct an analysis of the life-cycle costs
      of each usable project segment on the National Highway System
      with a cost of $25,000,000 or more.
        "(2) Analysis of the life-cycle costs defined. - In this
      subsection, the term 'analysis of the life-cycle costs' means a
      process for evaluating the total economic worth of a usable
      project segment by analyzing initial costs and discounted future
      costs, such as maintenance, reconstruction, rehabilitation,
      restoring, and resurfacing costs, over the life of the project
      segment."
      Pub. L. 105-178, Sec. 1305(a)(2), redesignated subsec. (e) as
    (f). Former subsec. (f) redesignated (g).
      Subsec. (g). Pub. L. 105-178, Sec. 1305(a)(2), redesignated
    subsec. (f) as (g).
      Subsec. (h). Pub. L. 105-178, Sec. 1305(b), added subsec. (h).
      1995 - Subsecs. (e), (f). Pub. L. 104-59 added subsecs. (e) and
    (f).
      1991 - Subsec. (a). Pub. L. 102-240, Sec. 1016(b)(1), inserted
    "this section and" before "section 117".
      Subsec. (b). Pub. L. 102-240, Sec. 1016(b)(2), added subsec. (b)
    and struck out former subsec. (b) which read as follows: "In
    addition to the approval required under subsection (a) of this
    section, proposed specifications for projects for construction on
    (1) the Federal-aid secondary system, except in States where all
    public roads and highways are under the control and supervision of
    the State highway department, and (2) the Federal-aid urban system,
    shall be determined by the State highway department and the
    appropriate local road officials in cooperation with each other."
      Subsec. (c). Pub. L. 102-240, Sec. 1018(a), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "Items
    included in any such estimate for construction engineering shall
    not exceed 15 percent of the total estimated cost of a project
    financed with Federal-aid highway funds, after excluding from such
    total estimate cost, the estimated costs of rights-of-way,
    preliminary engineering, and construction engineering."
      1987 - Subsec. (c). Pub. L. 100-17 substituted "15 percent" for
    "10 per centum" and struck out at end "However, this limitation
    shall be 15 per centum in any State with respect to which the
    Secretary finds such higher limitation to be necessary."
      1976 - Subsec. (c). Pub. L. 94-280 substituted "Federal-aid
    highway funds" for "Federal-aid primary, secondary, or urban funds"
    and "such total estimate cost" for "such total estimated cost" and
    struck out 10 per centum limitation for any project financed with
    interstate funds.
      1970 - Subsec. (b). Pub. L. 91-605, Sec. 106(e), inserted
    reference to the Federal-aid urban system.
      Subsec. (d). Pub. L. 91-605, Sec. 142, added subsec. (d).
      1963 - Subsec. (c). Pub. L. 88-157 substituted "a project
    financed with Federal-aid primary, secondary, or urban funds" for
    "the project" and provided for limitation, on items included in
    estimates for construction engineering on projects financed with
    Federal-aid primary, secondary, or urban funds, of 15 percent of
    total estimated cost of the project where found by the Secretary to
    be necessary and for 10-percent limitation on projects financed
    with interstate funds.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                        STUDY OF VALUE ENGINEERING                    
      Section 1091 of Pub. L. 102-240 provided that:
      "(a) Study. - The Secretary shall study the effectiveness and
    benefits of value engineering review programs applied to Federal-
    aid highway projects. Such study shall include an analysis of and
    the results of specialized techniques utilized in all facets of
    highway construction for the purpose of reduction of costs and
    improvement of the overall quality of Federal-aid highway projects.
      "(b) Report. - Not later than 1 year after the date of the
    enactment of this Act [Dec. 18, 1991], the Secretary shall report
    to Congress on the results of the study under subsection (a),
    including recommendations on how value engineering could be
    utilized and improved in Federal-aid highway projects."

      MODIFICATION OF PROJECT AGREEMENTS TO EFFECTUATE REQUIREMENT OF
                           FOUR-LANES OF TRAFFIC
      Pub. L. 89-574, Sec. 5(b), Sept. 13, 1966, 80 Stat. 767, as
    amended by Pub. L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439,
    authorized Secretary to modify project agreements entered into
    prior to Sept. 13, 1966, pursuant to section 106 of this title for
    purpose of effectuating amendment made by this section (amending
    section 109(b) of this title to add a requirement of four lanes of
    traffic) with respect to as much of National System of Interstate
    and Defense Highways [now Dwight D. Eisenhower System of Interstate
    and Defense Highways] as may be possible.

-End-



-CITE-
    23 USC Sec. 107                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

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

-STATUTE-
      (a) In any case in which the Secretary is requested by a State to
    acquire lands or interests in lands (including within the term
    "interests in lands", the control of access thereto from adjoining
    lands) required by such State for right-of-way or other purposes in
    connection with the prosecution of any project for the
    construction, reconstruction, or improvement of any section of the
    Interstate System, the Secretary is authorized, in the name of the
    United States and prior to the approval of title by the Attorney
    General, to acquire, enter upon, and take possession of such lands
    or interests in lands by purchase, donation, condemnation, or
    otherwise in accordance with the laws of the United States
    (including sections 3114 to 3116 and 3118 of title 40), if - 
        (1) the Secretary has determined either that the State is
      unable to acquire necessary lands or interests in lands, or is
      unable to acquire such lands or interests in lands with
      sufficient promptness; and
        (2) the State has agreed with the Secretary to pay, at such
      time as may be specified by the Secretary an amount equal to 10
      per centum of the costs incurred by the Secretary, in acquiring
      such lands or interests in lands, or such lesser percentage which
      represents the State's pro rata share of project costs as
      determined in accordance with subsection (c) (!1) of section 120
      of this title.


      The authority granted by this section shall also apply to lands
    and interests in lands received as grants of land from the United
    States and owned or held by railroads or other corporations.
      (b) The costs incurred by the Secretary in acquiring any such
    lands or interests in lands may include the cost of examination and
    abstract of title, certificate of title, advertising, and any fees
    incidental to such acquisition. All costs incurred by the Secretary
    in connection with the acquisition of any such lands or interests
    in lands shall be paid from the funds for construction,
    reconstruction, or improvement of the Interstate System apportioned
    to the State upon the request of which such lands or interests in
    lands are acquired, and any sums paid to the Secretary by such
    State as its share of the costs of acquisition of such lands or
    interests in lands shall be deposited in the Treasury to the credit
    of the appropriation for Federal-aid highways and shall be credited
    to the amount apportioned to such State as its apportionment of
    funds for construction, reconstruction, or improvement of the
    Interstate System, or shall be deducted from other moneys due the
    State for reimbursement from funds authorized to be appropriated
    under section 108(b) of the Federal-Aid Highway Act of 1956.
      (c) The Secretary is further authorized and directed by proper
    deed, executed in the name of the United States, to convey any such
    lands or interests in lands acquired in any State under the
    provisions of this section, except the outside five feet of any
    such right-of-way in any State which does not provide control of
    access, to the State transportation department of such State or
    such political subdivision thereof as its laws may provide, upon
    such terms and conditions as to such lands or interests in lands as
    may be agreed upon by the Secretary and the State transportation
    department or political subdivisions to which the conveyance is to
    be made. Whenever the State makes provision for control of access
    satisfactory to the Secretary, the outside five feet then shall be
    conveyed to the State by the Secretary, as herein provided.
      (d) Whenever rights-of-way, including control of access, on the
    Interstate System are required over lands or interests in lands
    owned by the United States, the Secretary may make such
    arrangements with the agency having jurisdiction over such lands as
    may be necessary to give the State or other person constructing the
    projects on such lands adequate rights-of-way and control of access
    thereto from adjoining lands, and any such agency is directed to
    cooperate with the Secretary in this connection.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 105-178,
    title I, Sec. 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub.
    L. 109-284, Sec. 3(1), Sept. 27, 2006, 120 Stat. 1211.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (c) of section 120 of this title, referred to in
    subsec. (a)(2), was struck out and a new subsec. (c) was added by
    Pub. L. 102-240, title I, Sec. 1021(a), Dec. 18, 1991, 105 Stat.
    1950.
      The Federal-Aid Highway Act of 1956, referred to in subsec. (b),
    is act June 29, 1956, ch. 462, 70 Stat. 374. For complete
    classification of this Act to the Code, see Tables. Section 108(b)
    of the Federal-Aid Highway Act of 1956 is set out as a note under
    section 101 of this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). 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 - Subsec. (c). Pub. L. 105-178 substituted "State
    transportation department" for "State highway department" in two
    places.

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


-End-



-CITE-
    23 USC Sec. 108                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 108. Advance acquisition of real property

-STATUTE-
      (a) In General. - 
        (1) Availability of funds. - For the purpose of facilitating
      the timely and economical acquisition of real property for a
      transportation improvement eligible for funding under this title,
      the Secretary, upon the request of a State, may make available,
      for the acquisition of real property, such funds apportioned to
      the State as may be expended on the transportation improvement,
      under such rules and regulations as the Secretary may issue.
        (2) Construction. - The agreement between the Secretary and the
      State for the reimbursement of the cost of the real property
      shall provide for the actual construction of the transportation
      improvement within a period not to exceed 20 years following the
      fiscal year for which the request is made, unless the Secretary
      determines that a longer period is reasonable.

      (b) Federal participation in the cost of rights-of-way acquired
    under subsection (a) of this section shall not exceed the Federal
    pro rata share applicable to the class of funds from which Federal
    reimbursement is made.
      (c) Early Acquisition of Rights-of-Way. - 
        (1) General rule. - Subject to paragraph (2), funds apportioned
      to a State under this title may be used to participate in the
      payment of - 
          (A) costs incurred by the State for acquisition of rights-of-
        way, acquired in advance of any Federal approval or
        authorization, if the rights-of-way are subsequently
        incorporated into a project eligible for surface transportation
        program funds; and
          (B) costs incurred by the State for the acquisition of land
        necessary to preserve environmental and scenic values.

        (2) Terms and conditions. - The Federal share payable of the
      costs described in paragraph (1) shall be eligible for
      reimbursement out of funds apportioned to a State under this
      title when the rights-of-way acquired are incorporated into a
      project eligible for surface transportation program funds, if the
      State demonstrates to the Secretary and the Secretary finds that -
       
          (A) any land acquired, and relocation assistance provided,
        complied with the Uniform Relocation Assistance and Real
        Property Acquisition Policies Act of 1970;
          (B) the requirements of title VI of the Civil Rights Act of
        1964 have been complied with;
          (C) the State has a mandatory comprehensive and coordinated
        land use, environment, and transportation planning process
        under State law and the acquisition is certified by the
        Governor as consistent with the State plans before the
        acquisition;
          (D) the acquisition is determined in advance by the Governor
        to be consistent with the State transportation planning process
        pursuant to section 135 of this title;
          (E) the alternative for which the right-of-way is acquired is
        selected by the State pursuant to regulations to be issued by
        the Secretary which provide for the consideration of the
        environmental impacts of various alternatives;
          (F) before the time that the cost incurred by a State is
        approved for Federal participation, environmental compliance
        pursuant to the National Environmental Policy Act has been
        completed for the project for which the right-of-way was
        acquired by the State, and the acquisition has been approved by
        the Secretary under this Act,(!1) and in compliance with
        section 303 of title 49, section 7 of the Endangered Species
        Act, and all other applicable environmental laws shall be
        identified by the Secretary in regulations; and

          (G) before the time that the cost incurred by a State is
        approved for Federal participation, both the Secretary and the
        Administrator of the Environmental Protection Agency have
        concurred that the property acquired in advance of Federal
        approval or authorization did not influence the environmental
        assessment of the project, the decision relative to the need to
        construct the project, or the selection of the project design
        or location.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 893; Pub. L. 86-35, Sec.
    1, May 29, 1959, 73 Stat. 62; Pub. L. 90-495, Sec. 7(a), (b), Aug.
    23, 1968, 82 Stat. 818; Pub. L. 93-87, title I, Sec. 113, Aug. 13,
    1973, 87 Stat. 257; Pub. L. 94-280, title I, Sec. 115, May 5, 1976,
    90 Stat. 436; Pub. L. 102-240, title I, Sec. 1017(a), (b), Dec. 18,
    1991, 105 Stat. 1947; Pub. L. 102-388, title III, Sec. 346, Oct. 6,
    1992, 106 Stat. 1553; Pub. L. 103-429, Sec. 3(2), Oct. 31, 1994,
    108 Stat. 4377; Pub. L. 105-178, title I, Secs. 1211(e)(1),
    1301(a), June 9, 1998, 112 Stat. 188, 225.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Uniform Relocation Assistance and Real Property Acquisition
    Policies Act of 1970, referred to in subsec. (c)(2)(A), is act Jan.
    2, 1971, Pub. L. 91-646, 84 Stat. 1894, as amended, and which is
    classified principally to chapter 61 (Sec. 4601 et seq.) of Title
    42, The Public Health and Welfare. For complete classification of
    this Act to the Code, see Short Title note set out under section
    4601 of Title 42 and Tables.
      The Civil Rights Act of 1964, referred to in subsec. (c)(2)(B),
    is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI
    of the Act is classified generally to subchapter V (Sec. 2000d et
    seq.) of chapter 21 of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2000a of Title 42 and Tables.
      The National Environmental Policy Act, referred to in subsec.
    (c)(2)(F), probably means the National Environmental Policy Act of
    1969, Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which
    is classified generally to chapter 55 (Sec. 4321 et seq.) of Title
    42, The Public Health and Welfare. For complete classification of
    this Act to the Code, see Short Title note set out under section
    4321 of Title 42 and Tables.
      This Act, referred to in subsec. (c)(2)(F), probably means Pub.
    L. 102-240, Dec. 18, 1991, 105 Stat. 1914, known as the Intermodal
    Surface Transportation Efficiency Act of 1991. For complete
    classification of this Act to the Code, see Short Title of 1991
    Amendment note set out under section 101 of Title 49,
    Transportation, and Tables.
      Section 7 of the Endangered Species Act, referred to in subsec.
    (c)(2)(F), probably means section 7 of the Endangered Species Act
    of 1973, which is classified to section 1536 of Title 16,
    Conservation.


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-178, Sec. 1301(a), substituted "Advance
    acquisition of real property" for "Advance acquisition of rights-of-
    way" in section catchline.
      Subsec. (a). Pub. L. 105-178, Sec. 1301(a), added subsec. (a) and
    struck out former subsec. (a) which read as follows: "For the
    purpose of facilitating the acquisition of rights-of-way on any
    Federal-aid highway in the most expeditious and economical manner,
    and recognizing that the acquisition of rights-of-way requires
    lengthy planning and negotiations if it is to be done at a
    reasonable cost, the Secretary, upon the request of the State
    highway department, is authorized to make available the funds
    apportioned to any State which may be expended on such highway for
    acquisition of rights-of-way, in anticipation of construction and
    under such rules and regulations as the Secretary may prescribe.
    The agreement between the Secretary and the State highway
    department for the reimbursement of the cost of such rights-of-way
    shall provide for the actual construction of a road on such rights-
    of-way within a period not exceeding 20 years following the fiscal
    year in which such request is made unless a longer period is
    determined to be reasonable by the Secretary."
      Subsecs. (c), (d). Pub. L. 105-178, Sec. 1211(e)(1), redesignated
    subsec. (d) as (c) and struck out former subsec. (c) which related
    to establishment and administration of right-of-way revolving fund.
      1994 - Subsec. (d)(2)(F). Pub. L. 103-429 substituted "section
    303 of title 49" for "section 4(f) of the Department of
    Transportation Act".
      1992 - Subsec. (a). Pub. L. 102-388, Sec. 346(1), (2),
    substituted "Federal-aid highway" for "of the Federal-aid highway
    systems, including the Interstate System," and "which may be
    expended on such highway" for "for expenditure on any of the
    Federal-aid highway systems, including the Interstate System,".
      Subsec. (c)(2). Pub. L. 102-388, Sec. 346(3), inserted "and
    passenger transit facilities".
      Subsec. (c)(3). Pub. L. 102-388, Sec. 346(5), which directed the
    substitution of "of the type funded" for "on the federal-aid system
    of which such project is to be part," was executed by making the
    substitution for "on the Federal-aid system of which such project
    is to be a part," to reflect the probable intent of Congress.
      Pub. L. 102-388, Sec. 346(4), substituted "project" for "highway"
    after "construction of a" in first and second sentences.
      1991 - Subsecs. (a), (c)(3). Pub. L. 102-240, Sec. 1017(a),
    substituted "20" for "ten".
      Subsec. (d). Pub. L. 102-240, Sec. 1017(b), added subsec. (d).
      1976 - Subsec. (a). Pub. L. 94-280, Sec. 115(b), inserted "unless
    a longer period is determined to be reasonable by the Secretary"
    after "request is made" in last sentence.
      Subsec. (c)(2). Pub. L. 94-280, Sec. 115(a), struck out "made
    pursuant to section 133 or chapter 5 of this title" after
    "relocation payments" in last sentence.
      Subsec. (c)(3). Pub. L. 94-280, Sec. 115(c), inserted "or later"
    after "earlier" in first sentence.
      1973 - Subsec. (a). Pub. L. 93-87, Sec. 113(a), substituted "ten"
    for "seven" years in last sentence.
      Subsec. (c)(3). Pub. L. 93-87, Sec. 113(b), substituted "ten" for
    "seven" years in first sentence.
      1968 - Subsec. (b). Pub. L. 90-495, Sec. 7(a), substituted
    "subsection (a) of this section" for "this section".
      Subsec. (c). Pub. L. 90-495, Sec. 7(b), added subsec. (c).
      1959 - Subsec. (a). Pub. L. 86-35 increased from five to seven
    years the period in which actual construction shall commence on
    rights-of-way acquired in anticipation of such construction.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of this
    title.

                           TRANSITION PROVISIONS                       
      Pub. L. 105-178, title I, Sec. 1211(e)(2), June 9, 1998, 112
    Stat. 188, provided that:
      "(A) In general. - Funds advanced to a State by the Secretary
    from the right-of-way revolving fund established by section 108(c)
    of title 23, United States Code, prior to the date of enactment of
    this Act [June 9, 1998] shall remain available to the State for use
    on the projects for which the funds were advanced for a period of
    20 years from the date on which the funds were advanced.
      "(B) Credit to highway trust fund. - With respect to a project
    for which funds have been advanced from the right-of-way revolving
    fund, upon the termination of the 20-year period referred to in
    subparagraph (A), when actual construction is commenced, or upon
    approval by the Secretary of the plans, specifications, and
    estimates for the actual construction of the project on the right-
    of-way, whichever occurs first - 
        "(i) the Highway Trust Fund (other than the Mass Transit
      Account) shall be credited with an amount equal to the Federal
      share of the funds advanced, as provided in section 120 of title
      23, United States Code, out of any Federal-aid highway funds
      apportioned to the State in which the project is located and
      available for obligation for projects of the type funded; and
        "(ii) the State shall reimburse the Secretary in an amount
      equal to the non-Federal share of the funds advanced for deposit
      in, and credit to, the Highway Trust Fund (other than the Mass
      Transit Account)."

              PRESERVATION OF TRANSPORTATION CORRIDORS REPORT          
      Section 1017(c) of Pub. L. 102-240 provided that: "The Secretary,
    in consultation with the States, shall report to Congress within 2
    years after the date of the enactment of this Act [Dec. 18, 1991],
    a national list of the rights-of-way identified by the metropolitan
    planning organizations and the States (under sections 134 and 135
    of title 23, United States Code), including the total mileage
    involved, an estimate of the total costs, and a strategy for
    preventing further loss of rights-of-way including the desirability
    of creating a transportation right-of-way land bank to preserve
    vital corridors."

      AUTHORIZATION OF APPROPRIATIONS TO RIGHT-OF-WAY REVOLVING FUND;
       APPORTIONMENT; REVERSION OF AMOUNTS NOT ADVANCED OR OBLIGATED
      Section 7(c)-(e) of Pub. L. 90-495 provided that $100,000,000 for
    the fiscal year ending June 30, 1970, $100,000,000 for the fiscal
    year ending June 30, 1971, and $100,000,000 for the fiscal year
    ending June 30, 1972, be transferred from the highway trust fund to
    the right-of-way revolving fund established by subsec. (c) of this
    section, authorized the Secretary to apportion these funds and
    required that funds apportioned to a State remain available for
    obligation for advances until Oct. 1 of the fiscal year in which
    the apportionment was made and any funds not advanced or obligated
    by such date revert to the right-of-way revolving fund for
    distribution to other States.

               STUDY OF ADVANCE ACQUISITION OF RIGHTS-OF-WAY           
      Pub. L. 89-574, Sec. 10, Sept. 13, 1966, 80 Stat. 769, as amended
    by Pub. L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439,
    directed the Secretary to make a full and complete investigation
    and study of the advance acquisition of rights-of-way for future
    construction of highways on the Federal-aid highway systems, with
    particular reference to the provision of adequate time for the
    removal and disposal of improvements located on rights-of-way and
    the relocation of affected individuals, businesses, institutions,
    and organizations, the tax status of such property after
    acquisition and before its use for highway purposes, and the
    methods for financing advance right-of-way acquisition by both the
    State governments and the Federal Government, including the
    possible creation of revolving funds for such purpose. The
    Secretary was required to submit a report of results of such study
    to Congress not later than July 1, 1967, together with his
    recommendations.

        INCREASED LIMITATION PERIOD APPLICABLE TO CERTAIN CONTRACTS    
      Section 2 of Pub. L. 86-35 provided that agreements entered into
    before May 29, 1959 by the Secretary of Commerce and a State
    highway department under authority of section 110(a) of the Federal-
    Aid Highway Act of 1956, or section 108(a) of title 23 of the
    United States Code shall be deemed to provide for actual
    construction of a road on such rights-of-way within a period of
    seven years following the fiscal year in which such request was
    made.

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


-End-



-CITE-
    23 USC Sec. 109                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 109. Standards

-STATUTE-
      (a) In General. - The Secretary shall ensure that the plans and
    specifications for each proposed highway project under this chapter
    provide for a facility that will - 
        (1) adequately serve the existing and planned future traffic of
      the highway in a manner that is conducive to safety, durability,
      and economy of maintenance; and
        (2) be designed and constructed in accordance with criteria
      best suited to accomplish the objectives described in paragraph
      (1) and to conform to the particular needs of each locality.

      (b) The geometric and construction standards to be adopted for
    the Interstate System shall be those approved by the Secretary in
    cooperation with the State transportation departments. Such
    standards, as applied to each actual construction project, shall be
    adequate to enable such project to accommodate the types and
    volumes of traffic anticipated for such project for the twenty-year
    period commencing on the date of approval by the Secretary, under
    section 106 of this title, of the plans, specifications, and
    estimates for actual construction of such project. Such standards
    shall in all cases provide for at least four lanes of traffic. The
    right-of-way width of the Interstate System shall be adequate to
    permit construction of projects on the Interstate System to such
    standards. The Secretary shall apply such standards uniformly
    throughout all the States.
      (c) Design Criteria for National Highway System. - 
        (1) In general. - A design for new construction,
      reconstruction, resurfacing (except for maintenance resurfacing),
      restoration, or rehabilitation of a highway on the National
      Highway System (other than a highway also on the Interstate
      System) may take into account, in addition to the criteria
      described in subsection (a) - 
          (A) the constructed and natural environment of the area;
          (B) the environmental, scenic, aesthetic, historic,
        community, and preservation impacts of the activity; and
          (C) access for other modes of transportation.

        (2) Development of criteria. - The Secretary, in cooperation
      with State transportation departments, may develop criteria to
      implement paragraph (1). In developing criteria under this
      paragraph, the Secretary shall consider - 
          (A) the results of the committee process of the American
        Association of State Highway and Transportation Officials as
        used in adopting and publishing "A Policy on Geometric Design
        of Highways and Streets", including comments submitted by
        interested parties as part of such process;
          (B) the publication entitled "Flexibility in Highway Design"
        of the Federal Highway Administration;
          (C) "Eight Characteristics of Process to Yield Excellence and
        the Seven Qualities of Excellence in Transportation Design"
        developed by the conference held during 1998 entitled "Thinking
        Beyond the Pavement National Workshop on Integrating Highway
        Development with Communities and the Environment while
        Maintaining Safety and Performance"; and
          (D) any other material that the Secretary determines to be
        appropriate.

      (d) On any highway project in which Federal funds hereafter
    participate, or on any such project constructed since December 20,
    1944, the location, form and character of informational, regulatory
    and warning signs, curb and pavement or other markings, and traffic
    signals installed or placed by any public authority or other
    agency, shall be subject to the approval of the State
    transportation department with the concurrence of the Secretary,
    who is directed to concur only in such installations as will
    promote the safe and efficient utilization of the highways.
      (e) Installation of Safety Devices. - 
        (1) Highway and railroad grade crossings and drawbridges. - No
      funds shall be approved for expenditure on any Federal-aid
      highway, or highway affected under chapter 2 of this title,
      unless proper safety protective devices complying with safety
      standards determined by the Secretary at that time as being
      adequate shall be installed or be in operation at any highway and
      railroad grade crossing or drawbridge on that portion of the
      highway with respect to which such expenditures are to be made.
        (2) Temporary traffic control devices. - No funds shall be
      approved for expenditure on any Federal-aid highway, or highway
      affected under chapter 2, unless proper temporary traffic control
      devices to improve safety in work zones will be installed and
      maintained during construction, utility, and maintenance
      operations on that portion of the highway with respect to which
      such expenditures are to be made. Installation and maintenance of
      the devices shall be in accordance with the Manual on Uniform
      Traffic Control Devices.

      (f) The Secretary shall not, as a condition precedent to his
    approval under section 106 of this title, require any State to
    acquire title to, or control of, any marginal land along the
    proposed highway in addition to that reasonably necessary for road
    surfaces, median strips, bikeways, gutters, ditches, and side
    slopes, and of sufficient width to provide service roads for
    adjacent property to permit safe access at controlled locations in
    order to expedite traffic, promote safety, and minimize roadside
    parking.
      (g) Not later than January 30, 1971, the Secretary shall issue
    guidelines for minimizing possible soil erosion from highway
    construction. Such guidelines shall apply to all proposed projects
    with respect to which plans, specifications, and estimates are
    approved by the Secretary after the issuance of such guidelines.
      (h) Not later than July 1, 1972, the Secretary, after
    consultation with appropriate Federal and State officials, shall
    submit to Congress, and not later than 90 days after such
    submission, promulgate guidelines designed to assure that possible
    adverse economic, social, and environmental effects relating to any
    proposed project on any Federal-aid system have been fully
    considered in developing such project, and that the final decisions
    on the project are made in the best overall public interest, taking
    into consideration the need for fast, safe and efficient
    transportation, public services, and the costs of eliminating or
    minimizing such adverse effects and the following:
        (1) air, noise, and water pollution;
        (2) destruction or disruption of man-made and natural
      resources, aesthetic values, community cohesion and the
      availability of public facilities and services;
        (3) adverse employment effects, and tax and property value
      losses;
        (4) injurious displacement of people, businesses and farms; and
        (5) disruption of desirable community and regional growth.

    Such guidelines shall apply to all proposed projects with respect
    to which plans, specifications, and estimates are approved by the
    Secretary after the issuance of such guidelines.
      (i) The Secretary, after consultation with appropriate Federal,
    State, and local officials, shall develop and promulgate standards
    for highway noise levels compatible with different land uses and
    after July 1, 1972, shall not approve plans and specifications for
    any proposed project on any Federal-aid system for which location
    approval has not yet been secured unless he determines that such
    plans and specifications include adequate measures to implement the
    appropriate noise level standards. The Secretary, after
    consultation with the Administrator of the Environmental Protection
    Agency and appropriate Federal, State, and local officials, may
    promulgate standards for the control of highway noise levels for
    highways on any Federal-aid system for which project approval has
    been secured prior to July 1, 1972. The Secretary may approve any
    project on a Federal-aid system to which noise-level standards are
    made applicable under the preceding sentence for the purpose of
    carrying out such standards. Such project may include, but is not
    limited to, the acquisition of additional rights-of-way, the
    construction of physical barriers, and landscaping. Sums
    apportioned for the Federal-aid system on which such project will
    be located shall be available to finance the Federal share of such
    project. Such project shall be deemed a highway project for all
    purposes of this title.
      (j) The Secretary, after consultation with the Administrator of
    the Environmental Protection Agency, shall develop and promulgate
    guidelines to assure that highways constructed pursuant to this
    title are consistent with any approved plan for - 
        (1) the implementation of a national ambient air quality
      standard for each pollutant for which an area is designated as a
      nonattainment area under section 107(d) of the Clean Air Act (42
      U.S.C. 7407(d)); or
        (2) the maintenance of a national ambient air quality standard
      in an area that was designated as a nonattainment area but that
      was later redesignated by the Administrator as an attainment area
      for the standard and that is required to develop a maintenance
      plan under section 175A of the Clean Air Act (42 U.S.C. 7505a).

      (k) The Secretary shall not approve any project involving
    approaches to a bridge under this title, if such project and bridge
    will significantly affect the traffic volume and the highway system
    of a contiguous State without first taking into full consideration
    the views of that State.
      (l)(1) In determining whether any right-of-way on any Federal-aid
    highway should be used for accommodating any utility facility, the
    Secretary shall - 
        (A) first ascertain the effect such use will have on highway
      and traffic safety, since in no case shall any use be authorized
      or otherwise permitted, under this or any other provision of law,
      which would adversely affect safety;
        (B) evaluate the direct and indirect environmental and economic
      effects of any loss of productive agricultural land or any
      impairment of the productivity of any agricultural land which
      would result from the disapproval of the use of such right-of-way
      for the accommodation of such utility facility; and
        (C) consider such environmental and economic effects together
      with any interference with or impairment of the use of the
      highway in such right-of-way which would result from the use of
      such right-of-way for the accommodation of such utility facility.

      (2) For the purpose of this subsection - 
        (A) the term "utility facility" means any privately, publicly,
      or cooperatively owned line, facility, or system for producing,
      transmitting, or distributing communications, power, electricity,
      light, heat, gas, oil, crude products, water, steam, waste, storm
      water not connected with highway drainage, or any other similar
      commodity, including any fire or police signal system or street
      lighting system, which directly or indirectly serves the public;
      and
        (B) the term "right-of-way" means any real property, or
      interest therein, acquired, dedicated, or reserved for the
      construction, operation, and maintenance of a highway.

      (m) Protection of Nonmotorized Transportation Traffic. - The
    Secretary shall not approve any project or take any regulatory
    action under this title that will result in the severance of an
    existing major route or have significant adverse impact on the
    safety for nonmotorized transportation traffic and light
    motorcycles, unless such project or regulatory action provides for
    a reasonable alternate route or such a route exists.
      (n) It is the intent of Congress that any project for
    resurfacing, restoring, or rehabilitating any highway, other than a
    highway access to which is fully controlled, in which Federal funds
    participate shall be constructed in accordance with standards to
    preserve and extend the service life of highways and enhance
    highway safety.
      (o) Compliance With State Laws for Non-NHS Projects. - Projects
    (other than highway projects on the National Highway System) shall
    be designed, constructed, operated, and maintained in accordance
    with State laws, regulations, directives, safety standards, design
    standards, and construction standards.
      (p) Scenic and Historic Values. - Notwithstanding subsections (b)
    and (c), the Secretary may approve a project for the National
    Highway System if the project is designed to - 
        (1) allow for the preservation of environmental, scenic, or
      historic values;
        (2) ensure safe use of the facility; and
        (3) comply with subsection (a).

      (q) Phase Construction. - Safety considerations for a project
    under this title may be met by phase construction consistent with
    the operative safety management system established in accordance
    with section 303 or in accordance with a statewide transportation
    improvement program approved by the Secretary.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 894; Pub. L. 88-157, Sec.
    4, Oct. 24, 1963, 77 Stat. 277; Pub. L. 89-574, Secs. 5(a), 14,
    Sept. 13, 1966, 80 Stat. 767, 771; Pub. L. 91-605, title I, Sec.
    136(a), (b), Dec. 31, 1970, 84 Stat. 1734; Pub. L. 93-87, title I,
    Secs. 114, 152(2), 156, Aug. 13, 1973, 87 Stat. 257, 276, 277; Pub.
    L. 95-599, title I, Secs. 113, 116(d), 141(f), (g), Nov. 6, 1978,
    92 Stat. 2696, 2699, 2711; Pub. L. 96-106, Sec. 3, Nov. 9, 1979, 93
    Stat. 797; Pub. L. 97-424, title I, Sec. 110(a), Jan. 6, 1983, 96
    Stat. 2105; Pub. L. 102-240, title I, Sec. 1016(c)-(f)(1), Dec. 18,
    1991, 105 Stat. 1946; Pub. L. 104-59, title III, Secs. 304, 305(a),
    Nov. 28, 1995, 109 Stat. 579, 580; Pub. L. 105-178, title I, Secs.
    1202(c), 1212(a)(2)(A), 1306, June 9, 1998, 112 Stat. 169, 193,
    229; Pub. L. 109-59, title I, Sec. 1110(a), (c), title VI, Sec.
    6008, Aug. 10, 2005, 119 Stat. 1170, 1171, 1874.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c)(2). Pub. L. 109-59, Sec. 6008, inserted dash
    after "Secretary shall consider" and subpar. (A) designation before
    "the results", substituted semicolon for period, and added subpars.
    (B) to (D).
      Subsec. (e). Pub. L. 109-59, Sec. 1110(a), inserted subsec.
    heading, designated existing provisions as par. (1), inserted par.
    heading, and added par. (2).
      Subsec. (g). Pub. L. 109-59, Sec. 1110(c), substituted "Not later
    than January 30, 1971, the Secretary shall issue" for "The
    Secretary shall issue within 30 days after the day of enactment of
    the Federal-Aid Highway Act of 1970".
      1998 - Subsecs. (b), (c)(2). Pub. L. 105-178, Sec.
    1212(a)(2)(A)(ii), substituted "State transportation departments"
    for "State highway departments".
      Subsec. (d). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
    "State transportation department" for "State highway department".
      Subsec. (m). Pub. L. 105-178, Sec. 1306(a), redesignated subsec.
    (n) as (m) and struck out former subsec. (m) which read as follows:
    "The Secretary shall issue guidelines describing the criteria
    applicable to the Interstate System in order to insure that the
    condition of these routes is maintained at the level required by
    the purposes for which they were designed. The initial guidelines
    shall be issued no later than October 1, 1979."
      Subsec. (n). Pub. L. 105-178, Sec. 1306(a)(2), redesignated
    subsec. (o) as (n). Former subsec. (n) redesignated (m).
      Pub. L. 105-178, Sec. 1202(c), inserted heading and amended text
    of subsec. (n) generally. Prior to amendment, text read as follows:
    "The Secretary shall not approve any project under this title that
    will result in the severance or destruction of an existing major
    route for nonmotorized transportation traffic and light
    motorcycles, unless such project provides a reasonably alternate
    route or such a route exists."
      Subsecs. (o) to (q). Pub. L. 105-178, Sec. 1306(a)(2), (b), added
    subsec. (q) and redesignated former subsecs. (p) and (q) as (o) and
    (p), respectively. Former subsec. (o) redesignated (n).
      1995 - Subsec. (a). Pub. L. 104-59, Sec. 304(1), added subsec.
    (a) and struck out former subsec. (a) which read as follows: "The
    Secretary shall not approve plans and specifications for proposed
    highway projects under this chapter if they fail to provide for a
    facility (1) that will adequately meet the existing and probable
    future traffic needs and conditions in a manner conducive to
    safety, durability, and economy of maintenance; (2) that will be
    designed and constructed in accordance with standards best suited
    to accomplish the foregoing objectives and to conform to the
    particular needs of each locality."
      Subsec. (c). Pub. L. 104-59, Sec. 304(2), added subsec. (c) and
    struck out former subsec. (c) which read as follows:
      "(c) Design and Construction Standards for NHS. - Design and
    construction standards to be adopted for new construction on the
    National Highway System, for reconstruction on the National Highway
    System, and for resurfacing, restoring, and rehabilitating
    multilane limited access highways on the National Highway System
    shall be those approved by the Secretary in cooperation with the
    State highway departments. All eligible work for such projects
    shall meet or exceed such standards."
      Subsec. (j). Pub. L. 104-59, Sec. 305(a), substituted "plan for -
    " and pars. (1) and (2) for "plan for the implementation of any
    ambient air quality standard for any air quality control region
    designated pursuant to the Clean Air Act, as amended."
      Subsec. (q). Pub. L. 104-59, Sec. 304(3), added subsec. (q) and
    struck out former subsec. (q) which read as follows:
      "(q) Historic and Scenic Values. - If a proposed project under
    sections 103(e)(4), 133, or 144 involves a historic facility or is
    located in an area of historic or scenic value, the Secretary may
    approve such project notwithstanding the requirements of
    subsections (a) and (b) of this section and section 133(c) if such
    project is designed to standards that allow for the preservation of
    such historic or scenic value and such project is designed with
    mitigation measures to allow preservation of such value and ensure
    safe use of the facility."
      1991 - Subsec. (a). Pub. L. 102-240, Sec. 1016(f)(1)(A),
    substituted "highway projects under this chapter" for "projects on
    any Federal-aid system".
      Subsec. (c). Pub. L. 102-240, Sec. 1016(c), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows:
    "Projects on the Federal-aid secondary system in which Federal
    funds participate shall be constructed according to specifications
    that will provide all-weather service and permit maintenance at a
    reasonable cost."
      Subsec. (l)(1). Pub. L. 102-240, Sec. 1016(f)(1)(B), substituted
    "highway" for "system" in introductory provisions.
      Subsecs. (p), (q). Pub. L. 102-240, Sec. 1016(d), (e), added
    subsecs. (p) and (q).
      1983 - Subsec. (o). Pub. L. 97-424 added subsec. (o).
      1979 - Subsec. (l)(1)(A). Pub. L. 96-106 struck out "any aspect
    of" after "adversely affect".
      1978 - Subsec. (f). Pub. L. 95-599, Sec. 141(f), inserted
    "bikeways" after "surfaces, median strips,".
      Subsec. (l). Pub. L. 95-599, Sec. 113, added subsec. (l).
      Subsec. (m). Pub. L. 95-599, Sec. 116(d), added subsec. (m).
      Subsec. (n). Pub. L. 95-599, Sec. 141(g), added subsec. (n).
      1973 - Subsec. (g). Pub. L. 93-87, Sec. 152(2), substituted "Act"
    for "Rct", thus correcting the popular name to read "Federal-Aid
    Highway Act of 1970".
      Subsec. (i). Pub. L. 93-87, Sec. 114, authorized promulgation of
    noise-level standards for highways on any Federal-aid system for
    which project approval has been secured prior to July 1, 1972, and
    approval of any project on a Federal-aid system to which noise-
    level standards are made applicable, described the range of the
    projects, made money available for financing Federal share of the
    project, and deemed such project a highway project for all purposes
    of this title.
      Subsec. (k). Pub. L. 93-87, Sec. 156, added subsec. (k).
      1970 - Subsec. (g). Pub. L. 91-605, Sec. 136(a), substituted
    provisions ordering the Secretary to issue within 30 days after
    Dec. 31, 1970, guidelines, which will apply to all proposed
    projects approved by the Secretary after their issuance, for
    minimizing soil erosion from highway construction for provisions
    authorizing the Secretary to consult with the Secretary of
    Agriculture respecting guidelines for minimizing soil erosion from
    highway construction and report such guidelines to Congress not
    later than July 1, 1967.
      Subsecs. (h) to (j). Pub. L. 91-605, Sec. 136(b), added subsecs.
    (h) to (j).
      1966 - Subsec. (b). Pub. L. 89-574, Sec. 5(a), required that in
    all cases the standards provide for at least four lanes of traffic.
      Subsec. (g). Pub. L. 89-574, Sec. 14, added subsec. (g).
      1963 - Subsec. (b). Pub. L. 88-157 substituted "Such standards,
    as applied to each actual construction project, shall be adequate
    to enable such project to accommodate the types and volumes of
    traffic anticipated for such project for the twenty-year period
    commencing on the date of approval by the Secretary, under section
    106 of this title, of the plans, specifications, and estimates for
    actual construction of such project" for "Such standards shall be
    adequate to accommodate the types and volumes of traffic forecast
    for the year 1975", struck out "up" before "to such standards" and
    inserted "all" in phrase "throughout all the States".

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

               HIGHWAY SIGNS RELATING TO VETERANS CEMETERIES           
      Pub. L. 108-29, Sec. 3, May 29, 2003, 117 Stat. 772, provided
    that:
      "(a) In General. - Notwithstanding the terms of any agreement
    entered into by the Secretary of Transportation and a State under
    section 109(d) or 402(a) of title 23, United States Code, a
    veterans cemetery shall be treated as a site for which a
    supplemental guide sign may be placed on any Federal-aid highway.
      "(b) Applicability. - Subsection (a) shall apply to an agreement
    entered into before, on, or after the date of the enactment of this
    Act [May 29, 2003]."

                       INTERNATIONAL ROUGHNESS INDEX                   
      Pub. L. 105-178, title I, Sec. 1213(b), June 9, 1998, 112 Stat.
    200, provided that:
      "(1) Study. - The Comptroller General of the United States shall
    conduct a study on the international roughness index that is used
    as an indicator of pavement quality on the Federal-aid highway
    system.
      "(2) Required elements. - The study shall specify the extent of
    usage of the index and the extent to which the international
    roughness index measurement is reliable across different
    manufacturers and types of pavement.
      "(3) Report to congress. - Not later than 2 years after the date
    of enactment of this Act [June 9, 1998], the Comptroller General
    shall submit to Congress a report on the results of the study."

                        ENVIRONMENTAL STREAMLINING                    
      Pub. L. 105-178, title I, Sec. 1309, June 9, 1998, 112 Stat. 232,
    as amended by Pub. L. 105-206, title IX, Sec. 9004(c), July 22,
    1998, 112 Stat. 843, which directed the Secretary of Transportation
    to develop and implement a coordinated environmental review process
    for highway construction and mass transit projects, was repealed by
    Pub. L. 109-59, title VI, Sec. 6002(d), Aug. 10, 2005, 119 Stat.
    1865.

                       ROADSIDE SAFETY TECHNOLOGIES                   
      Pub. L. 105-178, title I, Sec. 1402, June 9, 1998, 112 Stat. 236,
    as amended by Pub. L. 105-206, title IX, Sec. 9005(c), July 22,
    1998, 112 Stat. 848, provided that:
      "(a) Crash Cushions. - 
        "(1) Guidance. - Not later than 18 months after the date of
      enactment of this Act [June 9, 1998], the Secretary shall issue
      guidance regarding the benefits and safety performance of
      redirective and nonredirective crash cushions in different road
      applications, taking into consideration roadway conditions,
      operating speed limits, the location of the crash cushion in the
      right-of-way, and any other relevant factors. The guidance shall
      include recommendations on the most appropriate circumstances for
      utilization of redirective and nonredirective crash cushions.
        "(2) Use of guidance. - States shall use the guidance issued
      under this subsection in evaluating the safety and cost-
      effectiveness of utilizing different crash cushion designs and
      determining whether redirective or nonredirective crash cushions
      or other safety appurtenances should be installed at specific
      highway locations.
      "(b) Traffic Flow and Safety Applications of Road Barriers. - 
        "(1) Study. - The Secretary shall conduct a study on the
      technologies and methods to enhance safety, streamline
      construction, and improve capacity by providing positive
      separation at all times between traffic, equipment, and workers
      on highway construction projects. The study shall also address
      how such technologies can be used to improve capacity and safety
      at those specific highway, bridge, and other appropriate
      locations where reversible lane, contraflow, and high occupancy
      vehicle lane operations are implemented during peak traffic
      periods.
        "(2) Uses to consider. - In conducting the study, the Secretary
      shall consider, at a minimum, uses of positive separation
      technologies related to - 
          "(A) separating workers from traffic flow when work is in
        progress;
          "(B) providing additional safe work space by utilizing
        adjacent and available traffic lanes during off-peak hours;
          "(C) rapid deployment to allow for daily or periodic
        restoration of lanes for use by traffic during peak hours as
        needed;
          "(D) mitigating congestion caused by construction by - 
            "(i) opening all adjacent and available lanes to traffic
          during peak traffic hours; or
            "(ii) using reversible lanes to optimize capacity of the
          highway by adjusting to directional traffic flow; and
          "(E) permanent use of positive separation technologies to
        create contraflow or reversible lanes to increase the capacity
        of congested highways, bridges, and tunnels.
        "(3) Report. - Not later than 18 months after the date of
      enactment of this Act [June 9, 1998], the Secretary shall submit
      to Congress a report on the results of the study. The report
      shall include findings and recommendations for the use of the
      technologies referred to in paragraph (2) to provide positive
      separation on appropriate projects."

                            METRIC REQUIREMENTS                        
      Pub. L. 104-59, title II, Sec. 205(c), Nov. 28, 1995, 109 Stat.
    577, as amended by Pub. L. 105-178, title I, Sec. 1211(d), June 9,
    1998, 112 Stat. 188, provided that:
      "(1) Placement and modification of signs. - The Secretary shall
    not require the States to expend any Federal or State funds to
    construct, erect, or otherwise place or to modify any sign relating
    to a speed limit, distance, or other measurement on a highway for
    the purpose of having such sign establish such speed limit,
    distance, or other measurement using the metric system.
      "(2) Other actions. - The Secretary shall not require that any
    State use or plan to use the metric system with respect to
    designing or advertising, or preparing plans, specifications,
    estimates, or other documents, for a Federal-aid highway project
    eligible for assistance under title 23, United States Code.
      "(3) Definitions. - In this subsection, the following definitions
    apply:
        "(A) Highway. - The term 'highway' has the meaning such term
      has under section 101 of title 23, United States Code.
        "(B) Metric system. - The term 'metric system' has the meaning
      the term 'metric system of measurement' has under section 4 of
      the Metric Conversion Act of 1975 (15 U.S.C. 205c)."

                          TYPE II NOISE BARRIERS                      
      Section 339(b) of Pub. L. 104-59 provided that:
      "(1) General rule. - No funds made available out of the Highway
    Trust Fund may be used to construct Type II noise barriers (as
    defined by section 772.5(i) of title 23, Code of Federal
    Regulations) pursuant to subsections (h) and (i) of section 109 of
    title 23, United States Code, if such barriers were not part of a
    project approved by the Secretary before the date of the enactment
    of this Act [Nov. 28, 1995].
      "(2) Exceptions. - Paragraph (1) shall not apply to construction
    of Type II noise barriers along lands that were developed or were
    under substantial construction before approval of the acquisition
    of the rights-of-ways for, or construction of, the existing
    highway."

                 HIGHWAY SIGNS FOR NATIONAL HIGHWAY SYSTEM             
      Section 359(b) of Pub. L. 104-59 provided that:
      "(1) Study. - The Secretary shall conduct a study to determine
    the cost, need, and efficacy of establishing a highway sign for
    identifying routes on the National Highway System. In conducting
    the study, the Secretary shall make a determination concerning
    whether to identify National Highway System route numbers.
      "(2) Report. - Not later than March 1, 1997, the Secretary shall
    transmit to Congress a report on the results of the study."

                      USE OF RECYCLED PAVING MATERIAL                  
      Section 1038 of Pub. L. 102-240, as amended by Pub. L. 104-59,
    title II, Sec. 205(b), title III, Sec. 327, Nov. 28, 1995, 109
    Stat. 577, 592, provided that:
      "(a) Asphalt Pavement Containing Recycled Rubber Demonstration
    Program. - Notwithstanding any other provision of title 23, United
    States Code, or regulation or policy of the Department of
    Transportation, the Secretary (or a State acting as the
    Department's agent) may not disapprove a highway project under
    chapter 1 of title 23, United States Code, on the ground that the
    project includes the use of asphalt pavement containing recycled
    rubber. Under this subsection, a patented application process for
    recycled rubber shall be eligible for approval under the same
    conditions that an unpatented process is eligible for approval.
      "(b) Studies. - 
        "(1) In general. - The Secretary and the Administrator of the
      Environmental Protection Agency shall coordinate and conduct, in
      cooperation with the States, a study to determine - 
          "(A) the threat to human health and the environment
        associated with the production and use of asphalt pavement
        containing recycled rubber;
          "(B) the degree to which asphalt pavement containing recycled
        rubber can be recycled; and
          "(C) the performance of the asphalt pavement containing
        recycled rubber under various climate and use conditions.
        "(2) Division of responsibilities. - The Administrator shall
      conduct the part of the study relating to paragraph (1)(A) and
      the Secretary shall conduct the part of the study relating to
      paragraph (1)(C). The Administrator and the Secretary shall
      jointly conduct the study relating to paragraph (1)(B).
        "(3) Additional study. - The Secretary and the Administrator,
      in cooperation with the States, shall jointly conduct a study to
      determine the economic savings, technical performance qualities,
      threats to human health and the environment, and environmental
      benefits of using recycled materials in highway devices and
      appurtenances and highway projects, including asphalt containing
      over 80 percent reclaimed asphalt, asphalt containing recycled
      glass, and asphalt containing recycled plastic.
        "(4) Additional elements. - In conducting the study under
      paragraph (3), the Secretary and the Administrator shall examine
      utilization of various technologies by States and shall examine
      the current practices of all States relating to the reuse and
      disposal of materials used in federally assisted highway
      projects.
        "(5) Report. - Not later than 18 months after the date of the
      enactment of this Act [Dec. 18, 1991], the Secretary and the
      Administrator shall transmit to Congress a report on the results
      of the studies conducted under this subsection, including a
      detailed analysis of the economic savings and technical
      performance qualities of using such recycled materials in
      federally assisted highway projects and the environmental
      benefits of using such recycled materials in such highway
      projects in terms of reducing air emissions, conserving natural
      resources, and reducing disposal of the materials in landfills.
      "(c) DOT Guidance. - 
        "(1) Information gathering and distribution. - The Secretary
      shall gather information and recommendations concerning the use
      of asphalt containing recycled rubber in highway projects from
      those States that have extensively evaluated and experimented
      with the use of such asphalt and implemented such projects and
      shall make available such information and recommendations on the
      use of such asphalt to those States which indicate an interest in
      the use of such asphalt.
        "(2) Encouragement of use. - The Secretary should encourage the
      use of recycled materials determined to be appropriate by the
      studies pursuant to subsection (b) in federally assisted highway
      projects. Procuring agencies shall comply with all applicable
      guidelines or regulations issued by the Administrator of the
      Environmental Protection Agency.
      "(d) Asphalt Pavement Containing Recycled Rubber. - 
        "(1) Crumb rubber modifier research. - Not later than 180 days
      after the date of the enactment of the National Highway System
      Designation Act of 1995 [Nov. 28, 1995], the Secretary shall
      develop testing procedures and conduct research to develop
      performance grade classifications, in accordance with the
      strategic highway research program carried out under section
      307(d) of title 23, United States Code, for crumb rubber modifier
      binders. The testing procedures and performance grade
      classifications should be developed in consultation with
      representatives of the crumb rubber modifier industry and other
      interested parties (including the asphalt paving industry) with
      experience in the development of the procedures and
      classifications.
        "(2) Crumb rubber modifier program development. - 
          "(A) In general. - The Secretary may make grants to States to
        develop programs to use crumb rubber from scrap tires to modify
        asphalt pavements.
          "(B) Use of grant funds. - Grant funds made available to
        States under this paragraph shall be used - 
            "(i) to develop mix designs for crumb rubber modified
          asphalt pavements;
            "(ii) for the placement and evaluation of crumb rubber
          modified asphalt pavement field tests; and
            "(iii) for the expansion of State crumb rubber modifier
          programs in existence on the date the grant is made
          available.
      "(e) Definitions. - For purpose of this section - 
        "(1) the term 'asphalt pavement containing recycled rubber'
      means any mixture of asphalt and crumb rubber derived from whole
      scrap tires, such that the physical properties of the asphalt are
      modified through the mixture, for use in pavement maintenance,
      rehabilitation, or construction applications; and
        "(2) the term 'recycled rubber' is any crumb rubber derived
      from processing whole scrap tires or shredded tire material taken
      from automobiles, trucks, or other equipment owned and operated
      in the United States."

            SURVEY AND REPORT ON UPGRADING OF DESIGN STANDARDS        
      Section 1049 of Pub. L. 102-240 directed Secretary to conduct a
    survey to identify current State standards relating to geometric
    design, traffic control devices, roadside safety, safety
    appurtenance design, uniform traffic control devices, and sign
    legibility and directional clarity for all Federal-aid highways
    and, not later than 2 years after Dec. 18, 1991, to transmit to
    Congress a report on the results of the survey and the
    crashworthiness of traffic lights, traffic signs, guardrails,
    impact attenuators, concrete barrier treatments, and breakaway
    utility poles for bridges and roadways currently used by States.

                        EROSION CONTROL GUIDELINES                    
      Section 1057 of title I of Pub. L. 102-240 provided that:
      "(a) Development. - The Secretary shall develop erosion control
    guidelines for States to follow in carrying out construction
    projects funded in whole or in part under this title [see Tables
    for classification].
      "(b) More Stringent State Requirements. - Guidelines developed
    under subsection (a) shall not preempt any requirement made by or
    under State law if such requirement is more stringent than the
    guidelines.
      "(c) Consistency With Other Programs. - Guidelines developed
    under subsection (a) shall be consistent with nonpoint source
    management programs under section 319 of the Federal Water
    Pollution Control Act [33 U.S.C. 1329] and coastal nonpoint
    pollution control guidance under section 6217(g) of the Omnibus
    Budget Reconciliation Act of 1990 [16 U.S.C. 1455b(g)]."

                        ROADSIDE BARRIER TECHNOLOGY                    
      Section 1058 of Pub. L. 102-240, as amended by Pub. L. 104-59,
    title III, Sec. 328, Nov. 28, 1995, 109 Stat. 593, provided that:
      "(a) Requirement for Innovative Barriers. - Not less than 2 1/2 
    percent of the mileage of new or replacement permanent or temporary
    crashworthy barriers included in awarded contracts along Federal-
    aid highways within the boundaries of a State in each calendar
    year shall be innovative crashworthy safety barriers.
      "(b) Certification. - Each State shall annually certify to the
    Secretary its compliance with the requirements of this section.
      "(c) Definition of Innovative Crashworthy Safety Barrier. - For
    purposes of this section, the term 'innovative crashworthy safety
    barrier' means a barrier, other than a guardrail or guiderail,
    classified by the Federal Highway Administration as 'experimental'
    or that was classified as 'operational' after January 1, 1985, and
    that meets or surpasses the requirements of the National
    Cooperative Highway Research Program 350 for longitudinal
    barriers."

                ROADSIDE BARRIERS AND SAFETY APPURTENANCES            
      Section 1073 of Pub. L. 102-240 provided that:
      "(a) Initiation of Rulemaking Proceeding. - Not later than 30
    days after the date of the enactment of this Act [Dec. 18, 1991],
    the Secretary shall initiate a rulemaking proceeding to revise the
    guidelines and establish standards for installation of roadside
    barriers and other safety appurtenances, including longitudinal
    barriers, end terminals, and crash cushions. Such rulemaking shall
    reflect state-of-the-art designs, testing, and evaluation criteria
    contained in the National Cooperative Highway Research Program
    Report 230, relating to approval standards which provide an
    enhanced level of crashworthy performance to accommodate vans, mini-
    vans, pickup trucks, and 4-wheel drive vehicles.
      "(b) Final Rule. - Not later than 1 year after the date of the
    enactment of this Act [Dec. 18, 1991], the Secretary shall complete
    the rulemaking proceeding initiated under subsection (a), and issue
    a final rule regarding the implementation of revised guidelines and
    standards for acceptable roadside barriers and other safety
    appurtenances, including longitudinal barriers, end terminals, and
    crash cushions. Such revised guidelines and standards shall
    accommodate vans, mini-vans, pickup trucks, and 4-wheel drive
    vehicles and shall be applicable to the refurbishment and
    replacement of existing roadside barriers and safety appurtenances
    as well as to the installation of new roadside barriers and safety
    appurtenances."

      STUDIES RELATING TO ESTABLISHMENT OF STANDARDS FOR RESURFACING,
    RESTORATION, AND REHABILITATION OF HIGHWAYS AND TO ESTABLISHMENT OF
    UNIFORM STANDARDS AND CRITERIA FOR TESTING AND INSPECTING HIGHWAYS
                                AND BRIDGES
      Section 110(b), (c) of Pub. L. 97-424 provided that:
      "(b) The Secretary of Transportation shall enter into appropriate
    arrangements with the National Academy of Sciences (1) to conduct a
    study of the safety cost-effectiveness of geometric design criteria
    of standards currently in effect for construction and
    reconstruction of highways, other than highways access to which is
    fully controlled, to determine the most appropriate minimum
    standards to apply to resurfacing, restoration, and rehabilitation
    projects on such highways, which study shall include a study of the
    cost effectiveness of the hot dip galvanizing process for the
    installation, repair, or replacement of exposed structural and
    miscellaneous steel, and (2) to propose standards to preserve and
    extend the service life of such highways and enhance highway
    safety. The National Academy of Sciences shall conduct such study
    in cooperation with the National Transportation Safety Board, the
    Congressional Budget Office, and the American Association of State
    Highway and Transportation Officials. Upon completion of such
    study, the National Academy of Sciences shall submit such study and
    its proposed standards to the Secretary of Transportation for
    review. Within ninety days after submission of such standards to
    the Secretary of Transportation, the Secretary shall submit such
    study and the proposed standards of the National Academy of
    Sciences, together with the recommendations of the Secretary, to
    Congress for approval.
      "(c)(1) The Secretary of Transportation is directed to coordinate
    a study with the National Bureau of Standards, the American Society
    for Testing and Materials, and other organizations as deemed
    appropriate, (A) to determine the existing quality of design,
    construction, products, use, and systems for highways and bridges;
    (B) to determine the need for uniform standards and criteria for
    design, processing, products, and applications, including personnel
    training and implementation of enforcement techniques; and (C) to
    determine the manpower needs and costs of developing a national
    system for the evaluation and accreditation of testing and
    inspection agencies.
      "(2) The Secretary shall submit such study to the Congress not
    later than one year after the date of enactment of this section
    [Jan. 6, 1983]."

    EXPENDITURE OF FEDERAL FUNDS FOR HIGHWAY SIGNS USING METRIC SYSTEM
      Section 144 of Pub. L. 95-599, as amended by Pub. L. 96-106, Sec.
    14, Nov. 9, 1979, 93 Stat. 798, which prohibited use of Federal
    funds for signing solely in the metric system, was repealed by Pub.
    L. 102-240, title I, Sec. 1053, Dec. 18, 1991, 105 Stat. 2001.

      MODIFICATION OF PROJECT AGREEMENTS TO EFFECTUATE REQUIREMENT OF
                           FOUR-LANES OF TRAFFIC
      Authorization to modify projects agreements entered into prior to
    September 13, 1966, to effectuate the amendment of this section by
    Pub. L. 89-574 which added the requirement of four-lanes of
    traffic, see section 5(b) of Pub. L. 89-574, set out as a note
    under section 106 of this title.

-End-



-CITE-
    23 USC Sec. 110                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 110. Revenue aligned budget authority

-STATUTE-
      (a) In General. - 
        (1) Allocation. - On October 15 of fiscal year 2007 and each
      fiscal year thereafter, the Secretary shall allocate for such
      fiscal year and the succeeding fiscal year an amount of funds
      equal to the amount determined pursuant to section
      251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency
      Deficit Control Act of 1985 (2 U.S.C 901(b)(2)(B)(ii)(I)(cc))
      (!1) if the amount determined pursuant to such section for such
      fiscal year is greater than zero.

        (2) Reduction. - If the amount determined pursuant to section
      251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency
      Deficit Control Act of 1985 (2 U.S.C 901(b)(2)(B)(ii)(I)(cc))
      (!1) for fiscal year 2007 or any fiscal year thereafter is less
      than zero, the Secretary on October 15 of such fiscal year shall
      reduce proportionately the amount of sums authorized to be
      appropriated from the Highway Trust Fund (other than the Mass
      Transit Account) for such fiscal year and the succeeding fiscal
      year to carry out each of the Federal-aid highway and highway
      safety construction programs (other than emergency relief) and
      the motor carrier safety grant program by an aggregate amount
      equal to the amount determined pursuant to such section. No
      reduction under this paragraph and no reduction under section
      1102(h), and no reduction under title VIII or any amendment made
      by title VIII, of the SAFETEA-LU shall be made for a fiscal year
      if, as of October 1 of such fiscal year the balance in the
      Highway Trust Fund (other than the Mass Transit Account) exceeds
      $6,000,000,000.

      (b) General Distribution. - The Secretary shall - 
        (1) determine the ratio that - 
          (A) the sums authorized to be appropriated from the Highway
        Trust Fund (other than the Mass Transit Account) for each of
        the Federal-aid highway and highway safety construction
        programs (other than the equity bonus program) and the motor
        carrier safety grant program for which funds are allocated from
        such Trust Fund by the Secretary under this title, the SAFETEA-
        LU, and subchapter I of chapter 311 of title 49 for a fiscal
        year, bears to
          (B) the total of all sums authorized to be appropriated from
        such Trust Fund for such programs for such fiscal year;

        (2) multiply the ratio determined under paragraph (1) by the
      total amount of funds to be allocated under subsection (a)(1) for
      such fiscal year;
        (3) allocate the amount determined under paragraph (2) among
      such programs in the ratio that - 
          (A) the sums authorized to be appropriated from such Trust
        Fund for each of such programs for such fiscal year, bears to
          (B) the sums authorized to be appropriated from such Trust
        Fund for all such programs for such fiscal year; and

        (4) allocate the remainder of the funds to be allocated under
      subsection (a)(1) for such fiscal year to the States in the ratio
      that - 
          (A) the total of all funds authorized to be appropriated from
        such Trust Fund for Federal-aid highway and highway safety
        construction programs that are apportioned to each State for
        such fiscal year but for this section, bears to
          (B) the total of all funds authorized to be appropriated from
        such Trust Fund for such programs that are apportioned to all
        States for such fiscal year but for this section.

      (c) State Programmatic Distribution. - Of the funds to be
    apportioned to each State under subsection (b)(4) for a fiscal
    year, the Secretary shall ensure that such funds are apportioned
    for the Interstate and National Highway System program, the bridge
    program, the surface transportation program, the highway safety
    improvement program, and the congestion mitigation air quality
    improvement program in the same ratio that each State is
    apportioned funds for such programs for such fiscal year but for
    this section.
      (d) Authorization of Appropriations. - There are authorized to be
    appropriated from the Highway Trust Fund (other than the Mass
    Transit Account) such sums as may be necessary to carry out this
    section for fiscal years beginning after September 30, 1998.
      (e) After making any calculation necessary to implement this
    section for fiscal year 2001, the amount available under paragraph
    (a)(1) shall be increased by $128,752,000. The amounts added under
    this subsection shall not apply to any calculation in any other
    fiscal year.
      (f) For fiscal year 2001, prior to making any distribution under
    this section, $22,029,000 of the allocation under paragraph (a)(1)
    shall be available only for each program authorized under chapter
    53 of title 49, United States Code, and title III of Public Law 105-
    178, in proportion to each such program's share of the total
    authorization in section 5338 (other than 5338(h)) of such title
    and sections 3037 and 3038 of such Public Law, under the terms and
    conditions of chapter 53 of such title.
      (g) For fiscal year 2001, prior to making any distribution under
    this section, $399,000 of the allocation under paragraph (a)(1)
    shall be available only for motor carrier safety programs under
    sections 31104 and 31107 of title 49, United States Code; $274,000
    for NHTSA operations and research under section 403 of title 23,
    United States Code; and $787,000 for NHTSA highway traffic safety
    grants under chapter 4 of title 23, United States Code.

-SOURCE-
    (Added and amended Pub. L. 105-178, title I, Sec. 1105(a), (c),
    June 9, 1998, 112 Stat. 130; Pub. L. 105-206, title IX, Sec.
    9002(e), July 22, 1998, 112 Stat. 835; Pub. L. 106-113, div. B,
    Sec. 1000(a)(5) [title III, Sec. 304], Nov. 29, 1999, 113 Stat.
    1536, 1501A-306; Pub. L. 106-159, title I, Sec. 102(a)(2), Dec. 9,
    1999, 113 Stat. 1752; Pub. L. 109-59, title I, Sec. 1105(a)-(e),
    Aug. 10, 2005, 119 Stat. 1165, 1166.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1102(h) of the SAFETEA-LU, referred to in subsec. (a)(2),
    is section 1102(h) of Pub. L. 109-59, which is set out as a note
    under section 104 of this title.
      The SAFETEA-LU, referred to in subsecs. (a)(2) and (b)(1)(A), 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. Title VIII of the Act amended sections 900 and
    901 of Title 2, The Congress, and enacted provisions set out as a
    note under section 901 of Title 2. 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.
      Title III of Public Law 105-178, referred to in subsec. (f), is
    title III of Pub. L. 105-178, June 9, 1998, 112 Stat. 338, as
    amended, known as the Federal Transit Act of 1998. Sections 3037
    and 3038 of title III of Pub. L. 105-178 are set out as notes under
    sections 5309 and 5310, respectively, of Title 49, Transportation.
    For complete classification of title III to the Code, see Short
    Title of 1998 Amendment note set out under section 5101 of Title 49
    and Tables.

-COD-
                               CODIFICATION                           
      Another section 110 was renumbered section 126 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 110, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 894,
    related to project agreements, prior to repeal by Pub. L. 105-178,
    title I, Sec. 1105(a), June 9, 1998, 112 Stat. 130.

                                AMENDMENTS                            
      2005 - Subsec. (a)(1). Pub. L. 109-59, Sec. 1105(a), substituted
    "2007" for "2000" and inserted "and the succeeding fiscal year"
    after "allocate for such fiscal year".
      Subsec. (a)(2). Pub. L. 109-59, Sec. 1105(b), substituted "2007"
    for "2000" and "October 15 of such" for "October 1 of the
    succeeding", inserted "for such fiscal year and the succeeding
    fiscal year" after "Account)", and inserted at end "No reduction
    under this paragraph and no reduction under section 1102(h), and no
    reduction under title VIII or any amendment made by title VIII, of
    the SAFETEA-LU shall be made for a fiscal year if, as of October 1
    of such fiscal year the balance in the Highway Trust Fund (other
    than the Mass Transit Account) exceeds $6,000,000,000."
      Subsec. (b)(1)(A). Pub. L. 109-59, Sec. 1105(c), (e), struck out
    "for" before "Federal-aid highway" and substituted "equity bonus"
    for "minimum guarantee" and "SAFETEA-LU" for "Transportation Equity
    Act for the 21st Century".
      Subsec. (c). Pub. L. 109-59, Sec. 1105(d), inserted "the highway
    safety improvement program," after "the surface transportation
    program,".
      1999 - Subsec. (a)(2). Pub. L. 106-159, Sec. 102(a)(2)(A),
    inserted "and the motor carrier safety grant program" after
    "relief)".
      Subsec. (b)(1)(A). Pub. L. 106-159, Sec. 102(a)(2)(B), inserted
    "and the motor carrier safety grant program" after "program)",
    substituted "title," for "title and", and inserted ", and
    subchapter I of chapter 311 of title 49" after "21st Century".
      Subsecs. (e) to (g). Pub. L. 106-113, which directed amendment of
    section 110 by adding subsecs. (e) to (g) at the end, was executed
    to this section to reflect the probable intent of Congress. See
    Codification note above.
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1105(c)(1), as added by
    Pub. L. 105-206, Sec. 9002(e), substituted "In general" for
    "Determination of amount" in heading and amended text of subsec.
    (a) generally. Prior to amendment, text read as follows: "On
    October 15 of fiscal year 1999, and each fiscal year thereafter,
    the Secretary shall allocate an amount of funds equal to the amount
    determined pursuant to section 251(b)(1)(B)(I)(cc) of the Balanced
    Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
    901(b)(2)(B)(I)(cc))."
      Subsec. (b)(2), (4). Pub. L. 105-178, Sec. 1105(c)(2), as added
    by Pub. L. 105-206, Sec. 9002(e), substituted "subsection (a)(1)"
    for "subsection (a)".
      Subsec. (c). Pub. L. 105-178, Sec. 1105(c)(3), as added by Pub.
    L. 105-206, Sec. 9002(e), substituted "the Interstate and National
    Highway System program" for "the Interstate Maintenance program,
    the National Highway System program".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    this title.

                               SPECIAL RULE                           
      Pub. L. 109-59, title I, Sec. 1105(f), Aug. 10, 2005, 119 Stat.
    1166, provided that: "If the amount available pursuant to section
    110 of title 23, United States Code, for fiscal year 2007 is
    greater than zero, the Secretary [of Transportation] shall - 
        "(1) determine the total amount necessary to increase each
      State's rate of return (as determined under section 105(b)(1)(A)
      of title 23, United States Code) to 92 percent, excluding amounts
      provided under this paragraph;
        "(2) allocate to each State the lesser of - 
          "(A) the amount computed for that State under paragraph (1);
        or
          "(B) an amount determined by multiplying the total amount
        calculated under section 110 of title 23, United States Code,
        for fiscal year 2007 by the ratio that - 
            "(i) the amount determined for such State under paragraph
          (1); bears to
            "(ii) the total amount computed for all States in paragraph
          (1); and
        "(3) allocate amounts remaining in excess of the amounts
      allocated in paragraph (2) to all States in accordance with
      section 110 of title 23, United States Code."

-FOOTNOTE-
    (!1) So in original. Probably should be "(2 U.S.C.
         901(b)(1)(B)(ii)(I)(cc))".


-End-



-CITE-
    23 USC Sec. 111                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 111. Agreements relating to use of and access to rights-of-way
      - Interstate System

-STATUTE-
      (a) In General. - All agreements between the Secretary and the
    State transportation department for the construction of projects on
    the Interstate System shall contain a clause providing that the
    State will not add any points of access to, or exit from, the
    project in addition to those approved by the Secretary in the plans
    for such project, without the prior approval of the Secretary. Such
    agreements shall also contain a clause providing that the State
    will not permit automotive service stations or other commercial
    establishments for serving motor vehicle users to be constructed or
    located on the rights-of-way of the Interstate System. Such
    agreements may, however, authorize a State or political subdivision
    thereof to use or permit the use of the airspace above and below
    the established grade line of the highway pavement for such
    purposes as will not impair the full use and safety of the highway,
    as will not require or permit vehicular access to such space
    directly from such established grade line of the highway, or
    otherwise interfere in any way with the free flow of traffic on the
    Interstate System. Nothing in this section, or in any agreement
    entered into under this section, shall require the discontinuance,
    obstruction, or removal of any establishment for serving motor
    vehicle users on any highway which has been, or is hereafter,
    designated as a highway or route on the Interstate System (1) if
    such establishment (A) was in existence before January 1, 1960, (B)
    is owned by a State, and (C) is operated through concessionaries or
    otherwise, and (2) if all access to, and exits from, such
    establishment conform to the standards established for such a
    highway under this title.
      (b) Vending Machines. - Notwithstanding subsection (a), any State
    may permit the placement of vending machines in rest and recreation
    areas, and in safety rest areas, constructed or located on rights-
    of-way of the Interstate System in such State. Such vending
    machines may only dispense such food, drink, and other articles as
    the State transportation department determines are appropriate and
    desirable. Such vending machines may only be operated by the State.
    In permitting the placement of vending machines, the State shall
    give priority to vending machines which are operated through the
    State licensing agency designated pursuant to section 2(a)(5) of
    the Act of June 20, 1936, commonly known as the "Randolph-Sheppard
    Act" (20 U.S.C. 107a(a)(5)). The costs of installation, operation,
    and maintenance of vending machines shall not be eligible for
    Federal assistance under this title.
      (c) Motorist Call Boxes. - 
        (1) In general. - Notwithstanding subsection (a), a State may
      permit the placement of motorist call boxes on rights-of-way of
      the National Highway System. Such motorist call boxes may include
      the identification and sponsorship logos of such call boxes.
        (2) Sponsorship logos. - 
          (A) Approval by state and local agencies. - All call box
        installations displaying sponsorship logos under this
        subsection shall be approved by the highway agencies having
        jurisdiction of the highway on which they are located.
          (B) Size on box. - A sponsorship logo may be placed on the
        call box in a dimension not to exceed the size of the call box
        or a total dimension in excess of 12 inches by 18 inches.
          (C) Size on identification sign. - Sponsorship logos in a
        dimension not to exceed 12 inches by 30 inches may be displayed
        on a call box identification sign affixed to the call box post.
          (D) Spacing of signs. - Sponsorship logos affixed to an
        identification sign on a call box post may be located on the
        rights-of-way at intervals not more frequently than 1 per every
        5 miles.
          (E) Distribution throughout state. - Within a State, at least
        20 percent of the call boxes displaying sponsorship logos shall
        be located on highways outside of urbanized areas with a
        population greater than 50,000.

        (3) Nonsafety hazards. - The call boxes and their location,
      posts, foundations, and mountings shall be consistent with
      requirements of the Manual on Uniform Traffic Control Devices or
      any requirements deemed necessary by the Secretary to assure that
      the call boxes shall not be a safety hazard to motorists.

      (d) Idling Reduction Facilities in Interstate Rights-of-Way. - 
        (1) In general. - Notwithstanding subsection (a), a State may -
      
          (A) permit electrification or other idling reduction
        facilities and equipment, for use by motor vehicles used for
        commercial purposes, to be placed in rest and recreation areas,
        and in safety rest areas, constructed or located on rights-of-
        way of the Interstate System in the State, so long as those
        idling reduction measures do not reduce the existing number of
        designated truck parking spaces at any given rest or recreation
        area; and
          (B) charge a fee, or permit the charging of a fee, for the
        use of those parking spaces actively providing power to a truck
        to reduce idling.

        (2) Purpose. - The exclusive purpose of the facilities
      described in paragraph (1) (or similar technologies) shall be to
      enable operators of motor vehicles used for commercial purposes -
      
          (A) to reduce idling of a truck while parked in the rest or
        recreation area; and
          (B) to use installed or other equipment specifically designed
        to reduce idling of a truck, or provide alternative power for
        supporting driver comfort, while parked.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 87-61, title
    I, Sec. 104(a), June 29, 1961, 75 Stat. 122; Pub. L. 95-599, title
    I, Sec. 114, Nov. 6, 1978, 92 Stat. 2697; Pub. L. 100-17, title I,
    Sec. 110(a), Apr. 2, 1987, 101 Stat. 146; Pub. L. 104-59, title
    III, Sec. 306, Nov. 28, 1995, 109 Stat. 580; Pub. L. 105-178, title
    I, Sec. 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109-
    59, title I, Sec. 1412, Aug. 10, 2005, 119 Stat. 1234.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (d). Pub. L. 109-59 added subsec. (d).
      1998 - Subsecs. (a), (b). Pub. L. 105-178 substituted "State
    transportation department" for "State highway department".
      1995 - Subsec. (c). Pub. L. 104-59 added subsec. (c).
      1987 - Pub. L. 100-17 designated existing provision as subsec.
    (a), inserted heading for subsec. (a), and added subsec. (b).
      1978 - Pub. L. 95-599 inserted provision listing situations which
    would not require the discontinuance, obstruction, or removal of
    any establishment for serving motor vehicle users.
      1961 - Pub. L. 87-61 substituted "to use or permit the use of the
    airspace above and below the established grade line of the highway
    pavement for such purposes as will not impair the full use and
    safety of the highway, as will not require or permit vehicular
    access to such space directly from such established grade line of
    the highway, or otherwise interfere" for "to use the airspace above
    and below the established grade line of the highway pavement for
    the parking of motor vehicles provided such use does not
    interfere".

                         INTERSTATE OASIS PROGRAM                     
      Pub. L. 109-59, title I, Sec. 1310, Aug. 10, 2005, 119 Stat.
    1219, provided that:
      "(a) In General. - Not later than 180 days after the date of
    enactment of this section [Aug. 10, 2005], in consultation with the
    States and other interested parties, the Secretary [of
    Transportation] shall - 
        "(1) establish an interstate oasis program; and
        "(2) after providing an opportunity for public comment, develop
      standards for designating, as an interstate oasis, a facility
      that - 
          "(A) offers - 
            "(i) products and services to the public;
            "(ii) 24-hour access to restrooms; and
            "(iii) parking for automobiles and heavy trucks; and
          "(B) meets other standards established by the Secretary.
      "(b) Standards for Designation. - The standards for designation
    under subsection (a) shall include standards relating to - 
        "(1) the appearance of a facility; and
        "(2) the proximity of the facility to the Dwight D. Eisenhower
      National System of Interstate and Defense Highways.
      "(c) Eligibility for Designation. - If a State (as defined in
    section 101(a) of title 23, United States Code) elects to
    participate in the interstate oasis program, any facility meeting
    the standards established by the Secretary [of Transportation]
    shall be eligible for designation under this section.
      "(d) Logo. - The Secretary [of Transportation] shall design a
    logo to be displayed by a facility designated under this section."

     VENDING MACHINES; PLACEMENT IN REST, RECREATION, AND SAFETY REST
                    AREAS; STATE OPERATION OF MACHINES
      Pub. L. 97-424, title I, Sec. 111, Jan. 6, 1983, 96 Stat. 2106,
    provided that notwithstanding section 111 of this title before Oct.
    1, 1983, any State could permit placement of vending machines in
    rest and recreation areas and in safety rest areas constructed or
    located on rights-of-way of National System of Interstate and
    Defense Highways [now Dwight D. Eisenhower System of Interstate and
    Defense Highways] in such State. Such vending machines could only
    dispense such food, drink, and other articles as the State highway
    department determined were appropriate and desirable. Such vending
    machines could only be operated by the State. In permitting the
    placement of vending machines under this section, the State had to
    give priority to vending machines which were operated through the
    State licensing agency designated pursuant to section 2(a)(5) of
    the Act of June 20, 1936, known as the Randolph-Sheppard Act (20
    U.S.C. 107a(a)(5)).

     DEMONSTRATION PROJECT FOR VENDING MACHINES IN REST AND RECREATION
                                   AREAS
      Section 153 of Pub. L. 95-599 authorized Secretary of
    Transportation to implement a demonstration project respecting
    placement of vending machines in rest and recreation areas and to
    report not later than two years after Nov. 6, 1978, on results of
    such project.

        REVISION OF AGREEMENTS RELATING TO UTILIZATION OF SPACE ON
                               RIGHTS-OF-WAY
      Section 104(b) of Pub. L. 87-61 authorized Secretary of Commerce
    [now Transportation], on application, to revise any agreement made
    prior to June 29, 1961, to extent that such agreement relates to
    utilization of space on rights-of-way on National System of
    Interstate and Defense Highways [now Dwight D. Eisenhower System of
    Interstate and Defense Highways] to conform to section 111 of this
    title as amended by subsection (a).

-End-



-CITE-
    23 USC Sec. 112                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 112. Letting of contracts

-STATUTE-
      (a) In all cases where the construction is to be performed by the
    State transportation department or under its supervision, a request
    for submission of bids shall be made by advertisement unless some
    other method is approved by the Secretary. The Secretary shall
    require such plans and specifications and such methods of bidding
    as shall be effective in securing competition.
      (b) Bidding Requirements. - 
        (1) In general. - Subject to paragraphs (2) and (3),
      construction of each project, subject to the provisions of
      subsection (a) of this section, shall be performed by contract
      awarded by competitive bidding, unless the State transportation
      department demonstrates, to the satisfaction of the Secretary,
      that some other method is more cost effective or that an
      emergency exists. Contracts for the construction of each project
      shall be awarded only on the basis of the lowest responsive bid
      submitted by a bidder meeting established criteria of
      responsibility. No requirement or obligation shall be imposed as
      a condition precedent to the award of a contract to such bidder
      for a project, or to the Secretary's concurrence in the award of
      a contract to such bidder, unless such requirement or obligation
      is otherwise lawful and is specifically set forth in the
      advertised specifications.
        (2) Contracting for engineering and design services. - 
          (A) General rule. - Subject to paragraph (3), each contract
        for program management, construction management, feasibility
        studies, preliminary engineering, design, engineering,
        surveying, mapping, or architectural related services with
        respect to a project subject to the provisions of subsection
        (a) of this section shall be awarded in the same manner as a
        contract for architectural and engineering services is
        negotiated under chapter 11 of title 40.
          (B) Performance and audits. - Any contract or subcontract
        awarded in accordance with subparagraph (A), whether funded in
        whole or in part with Federal-aid highway funds, shall be
        performed and audited in compliance with cost principles
        contained in the Federal Acquisition Regulations of part 31 of
        title 48, Code of Federal Regulations.
          (C) Indirect cost rates. - Instead of performing its own
        audits, a recipient of funds under a contract or subcontract
        awarded in accordance with subparagraph (A) shall accept
        indirect cost rates established in accordance with the Federal
        Acquisition Regulations for 1-year applicable accounting
        periods by a cognizant Federal or State government agency, if
        such rates are not currently under dispute.
          (D) Application of rates. - Once a firm's indirect cost rates
        are accepted under this paragraph, the recipient of the funds
        shall apply such rates for the purposes of contract estimation,
        negotiation, administration, reporting, and contract payment
        and shall not be limited by administrative or de facto ceilings
        of any kind.
          (E) Prenotification; confidentiality of data. - A recipient
        of funds requesting or using the cost and rate data described
        in subparagraph (D) shall notify any affected firm before such
        request or use. Such data shall be confidential and shall not
        be accessible or provided, in whole or in part, to another firm
        or to any government agency which is not part of the group of
        agencies sharing cost data under this paragraph, except by
        written permission of the audited firm. If prohibited by law,
        such cost and rate data shall not be disclosed under any
        circumstances.
          (F)(F) (!1) Subparagraphs (B), (C), (D) and (E) herein shall
        not apply to the States of West Virginia or Minnesota.


        (3) Design-build contracting. - 
          (A) In general. - A State transportation department or local
        transportation agency may award a design-build contract for a
        qualified project described in subparagraph (C) using any
        procurement process permitted by applicable State and local
        law.
          (B) Limitation on final design. - Final design under a design-
        build contract referred to in subparagraph (A) shall not
        commence before compliance with section 102 of the National
        Environmental Policy Act of 1969 (42 U.S.C. 4332).
          (C) Qualified projects. - A qualified project referred to in
        subparagraph (A) is a project under this chapter (including
        intermodal projects) for which the Secretary has approved the
        use of design-build contracting under criteria specified in
        regulations issued by the Secretary.
          (D) Regulatory process. - Not later than 90 days after the
        date of enactment of the SAFETEA-LU, the Secretary shall issue
        revised regulations under section 1307(c) of the Transportation
        Equity Act for 21st Century (23 U.S.C. 112 note; 112 Stat. 230)
        that - 
            (i) do not preclude a State transportation department or
          local transportation agency, prior to compliance with section
          102 of the National Environmental Policy Act of 1969 (42
          U.S.C. 4332), from - 
              (I) issuing requests for proposals;
              (II) proceeding with awards of design-build contracts; or
              (III) issuing notices to proceed with preliminary design
            work under design-build contracts;

            (ii) require that the State transportation department or
          local transportation agency receive concurrence from the
          Secretary before carrying out an activity under clause (i);
          and
            (iii) preclude the design-build contractor from proceeding
          with final design or construction of any permanent
          improvement prior to completion of the process under such
          section 102.

          (E) Design-build contract defined. - In this paragraph, the
        term "design-build contract" means an agreement that provides
        for design and construction of a project by a contractor,
        regardless of whether the agreement is in the form of a design-
        build contract, a franchise agreement, or any other form of
        contract approved by the Secretary.

      (c) The Secretary shall require as a condition precedent to his
    approval of each contract awarded by competitive bidding pursuant
    to subsection (b) of this section, and subject to the provisions of
    this section, a sworn statement, executed by, or on behalf of, the
    person, firm, association, or corporation to whom such contract is
    to be awarded, certifying that such person, firm, association, or
    corporation has not, either directly or indirectly, entered into
    any agreement, participated in any collusion, or otherwise taken
    any action in restraint of free competitive bidding in connection
    with such contract.
      (d) No contract awarded by competitive bidding pursuant to
    subsection (b) of this section, and subject to the provisions of
    this section, shall be entered into by any State transportation
    department or local subdivision of the State without compliance
    with the provisions of this section, and without the prior
    concurrence of the Secretary in the award thereof.
      (e) Standardized Contract Clause Concerning Site Conditions. - 
        (1) General rule. - The Secretary shall issue regulations
      establishing and requiring, for inclusion in each contract
      entered into with respect to any project approved under section
      106 of this title a contract clause, developed in accordance with
      guidelines established by the Secretary, which equitably
      addresses each of the following:
          (A) Site conditions.
          (B) Suspensions of work ordered by the State (other than a
        suspension of work caused by the fault of the contractor or by
        weather).
          (C) Material changes in the scope of work specified in the
        contract.

      The guidelines established by the Secretary shall not require
      arbitration.
        (2) Limitation on applicability. - 
          (A) State law. - Paragraph (1) shall apply in a State except
        to the extent that such State adopts or has adopted by statute
        a formal procedure for the development of a contract clause
        described in paragraph (1) or adopts or has adopted a statute
        which does not permit inclusion of such a contract clause.
          (B) Design-build contracts. - Paragraph (1) shall not apply
        to any design-build contract approved under subsection (b)(3).

      (f) Selection Process. - A State may procure, under a single
    contract, the services of a consultant to prepare any environmental
    impact assessments or analyses required for a project, including
    environmental impact statements, as well as subsequent engineering
    and design work on the project if the State conducts a review that
    assesses the objectivity of the environmental assessment,
    environmental analysis, or environmental impact statement prior to
    its submission to the Secretary.
      (g) Temporary Traffic Control Devices. - 
        (1) Issuance of regulations. - The Secretary, after
      consultation with appropriate Federal and State officials, shall
      issue regulations establishing the conditions for the appropriate
      use of, and expenditure of funds for, uniformed law enforcement
      officers, positive protective measures between workers and
      motorized traffic, and installation and maintenance of temporary
      traffic control devices during construction, utility, and
      maintenance operations.
        (2) Effects of regulations. - Based on regulations issued under
      paragraph (1), a State shall - 
          (A) develop separate pay items for the use of uniformed law
        enforcement officers, positive protective measures between
        workers and motorized traffic, and installation and maintenance
        of temporary traffic control devices during construction,
        utility, and maintenance operations; and
          (B) incorporate such pay items into contract provisions to be
        included in each contract entered into by the State with
        respect to a highway project to ensure compliance with section
        109(e)(2).

        (3) Limitation. - Nothing in the regulations shall prohibit a
      State from implementing standards that are more stringent than
      those required under the regulations.
        (4) Positive protective measures defined. - In this subsection,
      the term "positive protective measures" means temporary traffic
      barriers, crash cushions, and other strategies to avoid traffic
      accidents in work zones, including full road closures.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 90-495, Sec.
    22(c), Aug. 23, 1968, 82 Stat. 827; Pub. L. 96-470, title I, Sec.
    112(b)(1), Oct. 19, 1980, 94 Stat. 2239; Pub. L. 97-424, title I,
    Sec. 112, Jan. 6, 1983, 96 Stat. 2106; Pub. L. 100-17, title I,
    Sec. 111, Apr. 2, 1987, 101 Stat. 147; Pub. L. 104-59, title III,
    Sec. 307(a), Nov. 28, 1995, 109 Stat. 581; Pub. L. 105-178, title
    I, Secs. 1205, 1212(a)(2)(A)(i), 1307(a), (b), June 9, 1998, 112
    Stat. 184, 193, 229, 230; Pub. L. 107-217, Sec. 3(e)(1), Aug. 21,
    2002, 116 Stat. 1299; Pub. L. 109-59, title I, Secs. 1110(b), 1503,
    Aug. 10, 2005, 119 Stat. 1170, 1238; Pub. L. 109-115, div. A, title
    I, Sec. 174, Nov. 30, 2005, 119 Stat. 2426.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the SAFETEA-LU, referred to in subsec.
    (b)(3)(D), is the date of enactment of Pub. L. 109-59, which was
    approved Aug. 10, 2005.
      Section 1307(c) of the Transportation Equity Act for 21st
    Century, referred to in subsec. (b)(3)(D), is section 1307(c) of
    Pub. L. 105-178, which is set out as a note below.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(2)(A). Pub. L. 109-115, Sec. 174(1),
    substituted "title 40" for "title 40 or equivalent State
    qualifications-based requirements".
      Subsec. (b)(2)(B) to (D). Pub. L. 109-115, Sec. 174(2), (3),
    redesignated subpars. (C) to (E) as (B) to (D), respectively, and
    struck out heading and text of former subpar. (B). Text read as
    follows:
      "(i) In a complying state. - If, on the date of the enactment of
    this paragraph, the services described in subparagraph (A) may be
    awarded in a State in the manner described in subparagraph (A),
    subparagraph (A) shall apply in such State beginning on such date
    of enactment.
      "(ii) In a noncomplying state. - In the case of any other State,
    subparagraph (A) shall apply in such State beginning on the earlier
    of (I) August 1, 1989, or (II) the 10th day following the close of
    the 1st regular session of the legislature of a State which begins
    after the date of the enactment of this paragraph."
      Subsec. (b)(2)(E). Pub. L. 109-115, Sec. 174(3), (4),
    redesignated subpar. (F) as (E) and substituted "subparagraph (D)"
    for "subparagraph (E)". Former subpar. (E) redesignated (D).
      Subsec. (b)(2)(F). Pub. L. 109-115, Sec. 174(5), which directed
    that subpar. (F) be amended by substituting "(F) Subparagraphs (B),
    (C), (D) and (E) herein shall not apply to the States of West
    Virginia or Minnesota." for " 'State Option' and all that follows
    through the period", was executed by making the substitution for
    "State option. - Subparagraphs (C), (D), (E), and (F) shall take
    effect 1 year after the date of the enactment of this subparagraph;
    except that if a State, during such 1-year period, adopts by
    statute an alternative process intended to promote engineering and
    design quality and ensure maximum competition by professional
    companies of all sizes providing engineering and design services,
    such subparagraphs shall not apply with respect to the State. If
    the Secretary determines that the legislature of the State did not
    convene and adjourn a full regular session during such 1-year
    period, the Secretary may extend such 1-year period until the
    adjournment of the next regular session of the legislature.", to
    reflect the probable intent of Congress.
      Pub. L. 109-115, Sec. 174(3), redesignated subpar. (G) as (F).
    Former subpar. (F) redesignated (E).
      Subsec. (b)(2)(G). Pub. L. 109-115, Sec. 174(3), redesignated
    subpar. (G) as (F).
      Subsec. (b)(3)(C) to (E). Pub. L. 109-59, Sec. 1503, added
    subpars. (C) and (D), redesignated former subpar. (D) as (E), and
    struck out former subpar. (C), which described a qualified project
    as one for which the Secretary had approved the use of design-build
    contracting under criteria specified in regulations and for which
    total costs had been estimated to exceed specified amounts.
      Subsecs. (f), (g). Pub. L. 109-59, Sec. 1110(b), added subsec.
    (g), redesignated former subsec. (g) as (f), and struck out former
    subsec. (f) which read as follows: "The provisions of this section
    shall not be applicable to contracts for projects on the Federal-
    aid secondary system in those States where the Secretary has
    discharged his responsibility pursuant to section 117 of this
    title, except where employees of a political subdivision of a State
    are working on a project outside of such political subdivision."
      2002 - Subsec. (b)(2)(A). Pub. L. 107-217 substituted "chapter 11
    of title 40" for "title IX of the Federal Property and
    Administrative Services Act of 1949".
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),
    substituted "State transportation department" for "State highway
    department".
      Subsec. (b)(1). Pub. L. 105-178, Sec. 1307(a)(1), substituted
    "paragraphs (2) and (3)" for "paragraph (2)".
      Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted "State
    transportation department" for "State highway department".
      Subsec. (b)(2)(A). Pub. L. 105-178, Sec. 1307(a)(2), substituted
    "Subject to paragraph (3), each contract" for "Each contract".
      Subsec. (b)(2)(B)(i). Pub. L. 105-178, Sec. 1205(a), struck out
    before period at end ", except to the extent that such State adopts
    by statute a formal procedure for the procurement of such
    services".
      Subsec. (b)(2)(B)(ii). Pub. L. 105-178, Sec. 1205(a), struck out
    before period at end ", except to the extent that such State adopts
    or has adopted by statute a formal procedure for the procurement of
    the services described in subparagraph (A)".
      Subsec. (b)(3). Pub. L. 105-178, Sec. 1307(a)(3), added par. (3).
      Subsec. (d). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
    "State transportation department" for "State highway department".
      Subsec. (e)(2). Pub. L. 105-178, Sec. 1307(b), designated
    existing provisions as subpar. (A), inserted heading, realigned
    margins, and added subpar. (B).
      Subsec. (g). Pub. L. 105-178, Sec. 1205(b), added subsec. (g).
      1995 - Subsec. (b)(2)(C) to (G). Pub. L. 104-59 added subpars.
    (C) to (G).
      1987 - Subsec. (b). Pub. L. 100-17, Sec. 111(a), (b), (d),
    inserted subsec. heading, designated existing provisions as par.
    (1), inserted par. (1) heading, substituted "Subject to paragraph
    (2), construction" for "Construction" and inserted "or that an
    emergency exists", added par. (2), and realigned margins.
      Subsecs. (e), (f). Pub. L. 100-17, Sec. 111(c), added subsec. (e)
    and redesignated former subsec. (e) as (f).
      1983 - Subsec. (b). Pub. L. 97-424, Sec. 112(1), substituted
    "unless the State highway department demonstrates, to the
    satisfaction of the Secretary, that some other method is more cost
    effective" for "unless the Secretary shall affirmatively find that,
    under the circumstances relating to such project, some other method
    is in the public interest" after "by competitive bidding,".
      Subsec. (e). Pub. L. 97-424, Sec. 112(2), inserted exception
    relating to a situation where employees of a political subdivision
    of a State are working on a project outside of such political
    subdivision.
      1980 - Subsec. (b). Pub. L. 96-470 struck out provision that all
    findings by the Secretary that a method other than competitive
    bidding is in the public interest be reported in writing to the
    Committees on Public Works of the Senate and the House of
    Representatives.
      1968 - Subsec. (b). Pub. L. 90-495 required that contracts for
    the construction of each project be awarded only on the basis of
    the lowest responsive bid by a bidder meeting established criteria
    of responsibility and required that, to be imposed as a condition
    precedent, requirements and obligations have been specifically set
    forth in the advertised specifications.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-178, title I, Sec. 1307(e), June 9, 1998, 112 Stat.
    231, provided that:
      "(1) In general. - The amendments made by this section [amending
    this section] take effect 3 years after the date of enactment of
    this Act [June 9, 1998].
      "(2) Transition provision. - 
        "(A) In general. - During the period before issuance of the
      regulations under subsection (c) [set out below], the Secretary
      may approve, in accordance with an experimental program described
      in subsection (d) [set out below], design-build contracts to be
      awarded using any process permitted by applicable State and local
      law; except that final design under any such contract shall not
      commence before compliance with section 102 of the National
      Environmental Policy Act of 1969 (42 U.S.C. 4332).
        "(B) Previously awarded contracts. - The Secretary may approve
      design-build contracts awarded before the date of enactment of
      this Act.
        "(C) Design-build contract defined. - In this paragraph, the
      term 'design-build contract' means an agreement that provides for
      design and construction of a project by a contractor, regardless
      of whether the agreement is in the form of a design-build
      contract, a franchise agreement, or any other form of contract
      approved by the Secretary."

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of this
    title.

                                REGULATIONS                            
      Pub. L. 105-178, title I, Sec. 1307(c), June 9, 1998, 112 Stat.
    230, provided that:
      "(1) In general. - Not later than the effective date specified in
    subsection (e) [see Effective Date of 1998 Amendment note above],
    after consultation with the American Association of State Highway
    and Transportation Officials and representatives from affected
    industries, the Secretary shall issue regulations to carry out the
    amendments made by this section [amending this section].
      "(2) Contents. - The regulations shall - 
        "(A) identify the criteria to be used by the Secretary in
      approving the use by a State transportation department or local
      transportation agency of design-build contracting; and
        "(B) establish the procedures to be followed by a State
      transportation department or local transportation agency for
      obtaining the Secretary's approval of the use of design-build
      contracting by the department or agency."

                      EFFECT ON EXPERIMENTAL PROGRAM                  
      Pub. L. 105-178, title I, Sec. 1307(d), June 9, 1998, 112 Stat.
    231, provided that: "Nothing in this section [amending this section
    and enacting provisions set out as notes under this section] or the
    amendments made by this section affects the authority to carry out,
    or any project carried out under, any experimental program
    concerning design-build contracting that is being carried out by
    the Secretary as of the date of enactment of this Act [June 9,
    1998]."

                            REPORT TO CONGRESS                        
      Pub. L. 105-178, title I, Sec. 1307(f), June 9, 1998, 112 Stat.
    231, provided that:
      "(1) In general. - Not later than 5 years after the date of
    enactment of this Act [June 9, 1998], the Secretary shall submit to
    Congress a report on the effectiveness of design-build contracting
    procedures.
      "(2) Contents. - The report shall contain - 
        "(A) an assessment of the effect of design-build contracting on
      project quality, project cost, and timeliness of project
      delivery;
        "(B) recommendations on the appropriate level of design for
      design-build procurements;
        "(C) an assessment of the impact of design-build contracting on
      small businesses;
        "(D) assessment of the subjectivity used in design-build
      contracting; and
        "(E) such recommendations concerning design-build contracting
      procedures as the Secretary determines to be appropriate."

                    PRIVATE SECTOR INVOLVEMENT PROGRAM                
      Pub. L. 102-240, title I, Sec. 1060, Dec. 18, 1991, 105 Stat.
    2003, provided that:
      "(a) Establishment. - The Secretary shall establish a private
    sector involvement program to encourage States to contract with
    private firms for engineering and design services in carrying out
    Federal-aid highway projects when it would be cost effective.
      "(b) Grants to States. - 
        "(1) In general. - In conducting the program under this
      section, the Secretary may make grants in each of fiscal years
      1992, 1993, 1994, 1995, 1996, and 1997 to not less than 3 States
      which the Secretary determines have implemented in the fiscal
      year preceding the fiscal year of the grant the most effective
      programs for increasing the percentage of funds expended for
      contracting with private firms (including small business concerns
      and small business concerns owned and controlled by socially and
      economically disadvantaged individuals) for engineering and
      design services in carrying out Federal-aid highway projects.
        "(2) Use of grants. - A grant received by a State under this
      subsection may be used by the State only for awarding contracts
      for engineering and design services to carry out projects and
      activities for which Federal funds may be obligated under title
      23, United States Code.
        "(3) Funding. - There are authorized to be appropriated to
      carry out this section $5,000,000 for each of fiscal years 1992
      through 1997. Such sums shall remain available until expended.
      "(c) Report by FHWA. - Not later than 120 days after the date of
    the enactment of this Act [Dec. 18, 1991], the Administrator of the
    Federal Highway Administration shall submit to the Secretary a
    report on the amount of funds expended by each State in fiscal
    years 1980 through 1990 on contracts with private sector
    engineering and design firms in carrying out Federal-aid highway
    projects. The Secretary shall use information in the report to
    evaluate State engineering and design programs for the purpose of
    awarding grants under subsection (b).
      "(d) Report to Congress. - Not later than 2 years after the date
    of the enactment of this Act [Dec. 18, 1991], the Secretary shall
    transmit to Congress a report on implementation of the program
    established under this section.
      "(e) Engineering and Design Services Defined. - The term
    'engineering and design services' means any category of service
    described in section 112(b) of title 23, United States Code.
      "(f) Regulations. - Not later than 180 days after the date of the
    enactment of this Act [Dec. 18, 1991], the Secretary shall issue
    regulations to carry out this section."

                PILOT PROGRAM FOR UNIFORM AUDIT PROCEDURES            
      Pub. L. 102-240, title I, Sec. 1092, Dec. 18, 1991, 105 Stat.
    2024, directed Secretary to establish pilot program to include no
    more than 10 States under which any contract or subcontract awarded
    in accordance with subsec. (b)(2)(A) of this section was to be
    performed and audited in compliance with cost principles contained
    in Federal acquisition regulations of part 41 of title 48 of Code
    of Federal Regulations, provided for indirect cost rates in lieu of
    performing audits, and required each State participating in pilot
    program to report to Secretary not later than 3 years after Dec.
    18, 1991, on results of program, prior to repeal by Pub. L. 104-59,
    title III, Sec. 307(b), Nov. 28, 1995, 109 Stat. 582. See subsec.
    (b)(2)(C) to (F) of this section.

                 EVALUATION OF STATE PROCUREMENT PRACTICES             
      Pub. L. 102-240, title VI, Sec. 6014, Dec. 18, 1991, 105 Stat.
    2181, directed Secretary to conduct a study to evaluate whether or
    not current procurement practices of State departments and agencies
    were adequate to ensure that highway and transit systems were
    designed, constructed, and maintained so as to achieve a high
    quality for such systems at the lowest overall cost and, not later
    than 2 years after Dec. 18, 1991, to transmit to Congress a report
    on the results of the study, together with an assessment of the
    need for establishing a national policy on transportation quality
    assurance and recommendations for appropriate legislative and
    administrative actions.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    23 USC Sec. 113                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 113. Prevailing rate of wage

-STATUTE-
      (a) The Secretary shall take such action as may be necessary to
    insure that all laborers and mechanics employed by contractors or
    subcontractors on the construction work performed on highway
    projects on the Federal-aid highways authorized under the highway
    laws providing for the expenditure of Federal funds upon the
    Federal-aid systems, shall be paid wages at rates not less than
    those prevailing on the same type of work on similar construction
    in the immediate locality as determined by the Secretary of Labor
    in accordance with sections 3141-3144, 3146, and 3147 of title 40.
      (b) In carrying out the duties of subsection (a) of this section,
    the Secretary of Labor shall consult with the highway department of
    the State in which a project on any of the Federal-aid systems is
    to be performed. After giving due regard to the information thus
    obtained, he shall make a predetermination of the minimum wages to
    be paid laborers and mechanics in accordance with the provisions of
    subsection (a) of this section which shall be set out in each
    project advertisement for bids and in each bid proposal form and
    shall be made a part of the contract covering the project.
      (c) The provisions of the section shall not be applicable to
    employment pursuant to apprenticeship and skill training programs
    which have been certified by the Secretary of Transportation as
    promoting equal employment opportunity in connection with Federal-
    aid highway construction programs.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 90-495, Sec.
    12(a), Aug. 23, 1968, 82 Stat. 821; Pub. L. 97-424, title I, Sec.
    149, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 100-17, title I, Sec.
    133(b)(5), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102-240, title I,
    Sec. 1006(g)(2), Dec. 18, 1991, 105 Stat. 1927; Pub. L. 107-217,
    Sec. 3(e)(2), Aug. 21, 2002, 116 Stat. 1299.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-217 substituted "sections 3141-
    3144, 3146, and 3147 of title 40" for "the Act of March 3, 1931,
    known as the Davis-Bacon Act (40 U.S.C. 276a)".
      1991 - Subsec. (a). Pub. L. 102-240, which directed substitution
    of "highways" for "systems, the primary and secondary, as well as
    their extension in urban areas, and the Interstate system," was
    executed by making the substitution for the quoted words which in
    the original contained the word "extensions" rather than
    "extension", to reflect the probable intent of Congress.
      1987 - Subsec. (a). Pub. L. 100-17 substituted "March 3, 1931"
    for "August 30, 1935" and "276a" for "267a".
      1983 - Subsec. (a). Pub. L. 97-424 struck out "initial" after
    "subcontractors on the".
      1968 - Subsec. (a). Pub. L. 90-495 extended wage rate provisions
    to the construction of all Federal-aid highway projects by amending
    provisions limiting them only to the Interstate System.
      Subsec. (b). Pub. L. 90-495 substituted "any of the Federal-aid
    systems" for "the Interstate System".
      Subsec. (c). Pub. L. 90-495 added subsec. (c).

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of this
    title.

-End-



-CITE-
    23 USC Sec. 114                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 114. Construction

-STATUTE-
      (a) Construction Work In General. - The construction of any
    Federal-aid highway or a portion of a Federal-aid highway shall be
    undertaken by the respective State transportation departments or
    under their direct supervision. The Secretary shall have the right
    to conduct such inspections and take such corrective action as the
    Secretary determines to be appropriate. The construction work and
    labor in each State shall be performed under the direct supervision
    of the State transportation department and in accordance with the
    laws of that State and applicable Federal laws. Construction may be
    begun as soon as funds are available for expenditure pursuant to
    subsection (a) of section 118 of this title. After July 1, 1973,
    the State transportation department shall not erect on any project
    where actual construction is in progress and visible to highway
    users any informational signs other than official traffic control
    devices conforming with standards developed by the Secretary of
    Transportation.
      (b) Convict Labor and Convict Produced Materials. - 
        (1) Limitation on convict labor. - Convict labor shall not be
      used in construction of highways or portions of highways located
      on a Federal-aid system unless it is labor performed by convicts
      who are on parole, supervised release, or probation.
        (2) Limitation on convict produced materials. - Materials
      produced after July 1, 1991, by convict labor may only be used in
      such construction - 
          (A) if such materials are produced by convicts who are on
        parole, supervised release, or probation from a prison; or
          (B) if such materials are produced by convicts in a qualified
        prison facility and the amount of such materials produced in
        such facility for use in such construction during any 12-month
        period does not exceed the amount of such materials produced in
        such facility for use in such construction during the 12-month
        period ending July 1, 1987.

        (3) Qualified prison facility defined. - As used in this
      subsection, "qualified prison facility" means any prison facility
      in which convicts, during the 12-month period ending July 1,
      1987, produced materials for use in construction of highways or
      portions of highways located on a Federal-aid system.

      (c) Construction Work in Alaska. - 
        (1) In general. - The Secretary shall ensure that a worker who
      is employed on a remote project for the construction of a highway
      or portion of a highway located on a Federal-aid system in the
      State of Alaska and who is not a domiciled resident of the
      locality shall receive meals and lodging.
        (2) Lodging. - The lodging under paragraph (1) shall be in
      accordance with section 1910.142 of title 29, Code of Federal
      Regulations (relating to temporary labor camp requirements).
        (3) Per diem. - 
          (A) In general. - Contractors are encouraged to use
        commercial facilities and lodges on remote projects, however,
        when such facilities are not available, per diem in lieu of
        room and lodging may be paid on remote Federal highway projects
        at a basic rate of $75.00 per day or part of a day the worker
        is employed on the project. Where the contractor provides or
        furnishes room and lodging or pays a per diem, the cost of the
        amount shall not be considered a part of wages and shall be
        excluded from the calculation of wages.
          (B) Secretary of labor. - Such per diem rate shall be adopted
        by the Secretary of Labor for all applicable remote Federal
        highway projects in Alaska.
          (C) Exception. - Per diem shall not be allowed on any of the
        following remote projects for the construction of a highway or
        portion of a highway located on a Federal-aid system:
            (i) West of Livengood on the Elliot Highway.
            (ii) Mile 0 on the Dalton Highway to the North Slope of
          Alaska; north of Mile 20 on the Taylor Highway.
            (iii) East of Chicken on the Top of the World Highway and
          south of Tetlin Junction to the Alaska Canadian border.

        (4) Definitions. - In this subsection, the following
      definitions apply:
          (A) Remote. - The term "remote", as used with respect to a
        project, means that the project is 65 road miles or more from
        the international airport in Fairbanks, Anchorage, or Juneau,
        Alaska, as the case may be, or is inaccessible by road in a 2-
        wheel drive vehicle.
          (B) Resident. - The term "resident", as used with respect to
        a project, means a person living within 65 road miles of the
        midpoint of the project for at least 12 consecutive months
        prior to the award of the project.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86-657, Sec.
    8(f), July 14, 1960, 74 Stat. 525; Pub. L. 93-87, title I, Sec.
    115, Aug. 13, 1973, 87 Stat. 258; Pub. L. 97-424, title I, Sec.
    148, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 98-473, title II, Sec.
    226, Oct. 12, 1984, 98 Stat. 2030; Pub. L. 100-17, title I, Sec.
    112(a), (b)(1), Apr. 2, 1987, 101 Stat. 148; Pub. L. 102-240, title
    I, Sec. 1019, Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105-178, title
    I, Sec. 1212(a)(2)(A), June 9, 1998, 112 Stat. 193; Pub. L. 109-59,
    title I, Secs. 1409(d), 1904(b), Aug. 10, 2005, 119 Stat. 1232,
    1467.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 1904(b), substituted
    "Federal-aid highway or a portion of a Federal-aid highway" for
    "highways or portions of highways located on a Federal-aid system"
    and "The Secretary shall have the right to conduct such inspections
    and take such corrective action as the Secretary determines to be
    appropriate." for "Except as provided in section 117 of this title,
    such construction shall be subject to the inspection and approval
    of the Secretary."
      Subsec. (c). Pub. L. 109-59, Sec. 1409(d), added subsec. (c).
      1998 - Subsec. (a). Pub. L. 105-178 substituted "State
    transportation department" for "State highway department" in two
    places and "State transportation departments" for "State highway
    departments".
      1991 - Subsec. (b)(2). Pub. L. 102-240, inserted "after July 1,
    1991," after "Materials produced" in introductory provisions.
      1987 - Subsec. (a). Pub. L. 100-17, Sec. 112(b)(1), inserted
    heading.
      Subsec. (b). Pub. L. 100-17, Sec. 112(b)(1), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows:
    "Convict labor or materials produced by convict labor shall not be
    used in such construction unless it is labor performed by convicts
    who are on parole or probation."
      1984 - Subsec. (b). Pub. L. 98-473 which directed the insertion
    of ", supervised release," after "parole" effective Nov. 1, 1987,
    was not executed, because of intervening general amendment of
    subsec. (b) by Pub. L. 100-17, Sec. 112(a), which contained ",
    supervised release," after "parole" wherever appearing.
      1983 - Subsec. (b). Pub. L. 97-424 inserted "or materials
    produced by convict labor" after "Convict labor".
      1973 - Subsec. (a). Pub. L. 93-87 amended last sentence
    generally. Prior to amendment, last sentence read as follows: "On
    any project where actual construction is in progress and visible to
    highway users, the State highway department shall erect such
    informational sign or signs as prescribed by the Secretary,
    identifying the project and the respective amounts contributed
    therefor by the State and Federal Governments."
      1960 - Subsec. (a). Pub. L. 86-657 required State highway
    departments to erect, on any project where actual construction is
    in progress and visible to highway users, such informational sign
    or signs as prescribed by the Secretary, identifying the project
    and the respective contributions therefor by the State and Federal
    Governments.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
    applicable only to offenses committed after the taking effect of
    this amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
    an Effective Date note under section 3551 of Title 18, Crimes and
    Criminal Procedure.

                      HIGHWAYS FOR LIFE PILOT PROGRAM                  
      Pub. L. 109-59, title I, Sec. 1502, Aug. 10, 2005, 119 Stat.
    1236, provided that:
      "(a) Establishment. - 
        "(1) In general. - The Secretary [of Transportation] shall
      establish and implement a pilot program to be known as the
      'Highways for LIFE Pilot Program'.
        "(2) Purpose. - The purpose of the pilot program shall be to
      advance longer-lasting highways using innovative technologies and
      practices to accomplish the fast construction of efficient and
      safe highways and bridges.
        "(3) Objectives. - Under the pilot program, the Secretary shall
      provide leadership and incentives to demonstrate and promote
      state-of-the-art technologies, elevated performance standards,
      and new business practices in the highway construction process
      that result in improved safety, faster construction, reduced
      congestion from construction, and improved quality and user
      satisfaction.
      "(b) Projects. - 
        "(1) Applications. - To be eligible to participate in the pilot
      program, a State shall submit to the Secretary [of
      Transportation] an application that is in such form and contains
      such information as the Secretary requires. Each application
      shall contain a description of proposed projects to be carried by
      the State under the pilot program.
        "(2) Eligibility. - A proposed project shall be eligible for
      assistance under the pilot program if the project - 
          "(A) constructs, reconstructs, or rehabilitates a route or
        connection on a Federal-aid highway eligible for assistance
        under chapter 1 of title 23, United States Code;
          "(B) uses innovative technologies, manufacturing processes,
        financing, or contracting methods that improve safety, reduce
        congestion due to construction, and improve quality; and
          "(C) meets additional criteria as determined by the
        Secretary.
        "(3) Project proposal. - A project proposal submitted under
      paragraph (1) shall contain - 
          "(A) an identification and description of the projects to be
        delivered;
          "(B) a description of how the projects will result in
        improved safety, faster construction, reduced congestion due to
        construction, user satisfaction, and improved quality;
          "(C) a description of the innovative technologies,
        manufacturing processes, financing, and contracting methods
        that will be used for the proposed projects; and
          "(D) such other information as the Secretary may require.
        "(4) Selection criteria. - In selecting projects for approval
      under this section, the Secretary shall ensure that the projects
      provide an evaluation of a broad range of technologies in a wide
      variety of project types and shall give priority to the projects
      that - 
          "(A) address achieving the Highways for LIFE performance
        standards for quality, safety, and speed of construction;
          "(B) deliver and deploy innovative technologies,
        manufacturing processes, financing, contracting practices, and
        performance measures that will demonstrate substantial
        improvements in safety, congestion, quality, and cost-
        effectiveness;
          "(C) include innovation that will lead to change in the
        administration of the State's transportation program to more
        quickly construct long-lasting, high-quality, cost-effective
        projects that improve safety and reduce congestion;
          "(D) are or will be ready for construction within 1 year of
        approval of the project proposal; and
          "(E) meet such other criteria as the Secretary determines
        appropriate.
        "(5) Financial assistance. - 
          "(A) Funds for highways for life projects. - Out of amounts
        made available to carry out this section for a fiscal year, the
        Secretary may allocate to a State up to 20 percent, but not
        more than $5,000,000, of the total cost of a project approved
        under this section. Notwithstanding any other provision of law,
        funds allocated to a State under this subparagraph may be
        applied to the non-Federal share of the cost of construction of
        a project under title 23, United States Code.
          "(B) Use of apportioned funds. - A State may obligate not
        more than 10 percent of the amount apportioned to the State
        under one or more of paragraphs (1), (2), (3), and (4) of
        section 104(b) of title 23, United States Code, for a fiscal
        year for projects approved under this section.
          "(C) Increased federal share. - Notwithstanding sections 120
        and 129 of title 23, United States Code, the Federal share
        payable on account of any project constructed with Federal
        funds allocated under this section, or apportioned under
        section 104(b) of such title, to a State under such title and
        approved under this section may amount to 100 percent of the
        cost of construction of such project.
          "(D) Limitation on statutory construction. - Except as
        provided in subparagraph (C), nothing in this subsection shall
        be construed as altering or otherwise affecting the
        applicability of the requirements of chapter 1 of title 23,
        United States Code (including requirements relating to the
        eligibility of a project for assistance under the program and
        the location of the project), to amounts apportioned to a State
        for a program under section 104(b) that are obligated by the
        State for projects approved under this subsection.
        "(6) Project selections. - In the period of fiscal years 2005
      through 2009, the Secretary, to the maximum extent possible,
      shall approve at least 1 project in each State for participation
      in the pilot program and for financial assistance under paragraph
      (5) if the State submits an application and the project meets the
      eligibility requirements and selection criteria under this
      subsection.
        "(7) Maximum number of projects. - The maximum number of
      projects for which the Secretary may allocate funds under this
      subsection in a fiscal year is 15.
      "(c) Technology Partnerships. - 
        "(1) In general. - The Secretary [of Transportation] may make
      grants or enter into cooperative agreements or other transactions
      to foster the development, improvement, and creation of
      innovative technologies and facilities to improve safety, enhance
      the speed of highway construction, and improve the quality and
      durability of highways.
        "(2) Federal share. - The Federal share of the cost of an
      activity carried out under this subsection shall not exceed 80
      percent.
      "(d) Technology Transfer and Information Dissemination. - 
        "(1) In general. - The Secretary [of Transportation] shall
      conduct a highways for life technology transfer program.
        "(2) Availability of information. - The Secretary shall ensure
      that the information and technology used, developed, or deployed
      under this subsection is made available to the transportation
      community and the public.
      "(e) Stakeholder Input and Involvement. - The Secretary [of
    Transportation] shall establish a process for stakeholder input and
    involvement in the development, implementation, and evaluation of
    the Highways for LIFE Pilot Program. The process may include
    participation by representatives of State departments of
    transportation and other interested persons.
      "(f) Project Monitoring and Evaluation. - The Secretary [of
    Transportation] shall monitor and evaluate the effectiveness of any
    activity carried out under this section.
      "(g) Contract Authority. - Except as otherwise provided in this
    section, funds authorized to be appropriated to carry out this
    section shall be available for obligation in the same manner as if
    the funds were apportioned under chapter 1 of title 23, United
    States Code.
      "(h) State Defined. - In this section, the term 'State' has the
    meaning such term has in section 101(a) of title 23, United States
    Code."

                    MATERIALS PRODUCED BY CONVICT LABOR                
      Pub. L. 101-162, title II, Sec. 202, Nov. 21, 1989, 103 Stat.
    1002, provided that: "During fiscal year 1990 and hereafter,
    materials produced by convict labor may be used in the construction
    of any highways or portion of highways located on Federal-aid
    systems, as described in section 103 of title 23, United States
    Code."
      Similar fiscal year provisions were contained in the following
    appropriation acts:
      Pub. L. 100-459, title II, Sec. 202, Oct. 1, 1988, 102 Stat.
    2199.
      Pub. L. 100-202, Sec. 101(a) [title II, Sec. 202], Dec. 22, 1987,
    101 Stat. 1329, 1329-15.
      Pub. L. 99-500, Sec. 101(b) [title II, Sec. 202], Oct. 18, 1986,
    100 Stat. 1783-39, 1783-51, and Pub. L. 99-591, Sec. 101(b) [title
    II, Sec. 202], Oct. 30, 1986, 100 Stat. 3341-39, 3341-51.
      Pub. L. 99-180, title II, Sec. 202, Dec. 13, 1985, 99 Stat. 1146.
      Pub. L. 98-411, title II, Sec. 202, Aug. 30, 1984, 98 Stat. 1558,
    repealed by Pub. L. 100-17, title I, Sec. 112(b)(2), Apr. 2, 1987,
    101 Stat. 149.
      Pub. L. 98-166, title II, Sec. 202, Nov. 28, 1983, 97 Stat. 1085.

-End-



-CITE-
    23 USC Sec. 115                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 115. Advance construction

-STATUTE-
      (a) In General. - The Secretary may authorize a State to proceed
    with a project authorized under this title - 
        (1) without the use of Federal funds; and
        (2) in accordance with all procedures and requirements
      applicable to the project other than those procedures and
      requirements that limit the State to implementation of a project -
       
          (A) with the aid of Federal funds previously apportioned or
        allocated to the State; or
          (B) with obligation authority previously allocated to the
        State.

      (b) Obligation of Federal Share. - The Secretary, on the request
    of a State and execution of a project agreement, may obligate all
    or a portion of the Federal share of a project authorized to
    proceed under this section from any category of funds for which the
    project is eligible.
      [(c) Redesignated (d).]
      (d) Inclusion in Transportation Improvement Program. - The
    Secretary may approve an application for a project under this
    section only if the project is included in the transportation
    improvement program of the State developed under section 135(f).

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 90-495, Sec.
    25(a), (b), Aug. 23, 1968, 82 Stat. 828, 829; Pub. L. 93-643, Sec.
    111, Jan. 4, 1975, 88 Stat. 2285; Pub. L. 96-106, Sec. 4, Nov. 9,
    1979, 93 Stat. 797; Pub. L. 97-424, title I, Sec. 113, Jan. 6,
    1983, 96 Stat. 2106; Pub. L. 100-17, title I, Sec. 113(a)-(d)(1),
    Apr. 2, 1987, 101 Stat. 149, 150; Pub. L. 102-302, Sec. 103, June
    22, 1992, 106 Stat. 252; Pub. L. 104-59, title III, Sec. 308, Nov.
    28, 1995, 109 Stat. 582; Pub. L. 105-178, title I, Secs.
    1103(l)(3)(A), 1106(c)(1)(A), 1226(a), title V, Sec. 5119(d), June
    9, 1998, 112 Stat. 126, 136, 452; Pub. L. 105-206, title IX, Sec.
    9003(a), July 22, 1998, 112 Stat. 837; Pub. L. 109-59, title I,
    Sec. 1501(a), Aug. 10, 2005, 119 Stat. 1235.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsecs. (a), (b). Pub. L. 109-59, Sec. 1501(a)(2), added
    subsecs. (a) and (b) and struck out former subsecs. (a) and (b),
    which related to payment of the Federal share of the cost of
    congestion mitigation and air quality improvement, surface
    transportation, bridge, planning, and research projects and
    Interstate and National Highway System projects which have been
    subject to advance construction by a State.
      Subsecs. (c), (d). Pub. L. 109-59, Sec. 1501(a)(1), redesignated
    subsec. (c) as (d).
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1106(c)(1)(A)(i),
    struck out "Substitute," before "Congestion" in heading.
      Subsec. (a)(1)(A)(i). Pub. L. 105-178, Secs. 1106(c)(1)(A)(ii),
    5119(d), struck out "103(e)(4)(H)," after "under section" and
    substituted "or 505" for "or 307".
      Subsec. (b). Pub. L. 105-178, Sec. 1226(a)(1), as added by Pub.
    L. 105-206, Sec. 9003(a), struck out designation and heading of
    par. (1), redesignated subpars. (A) and (B) as pars. (1) and (2),
    respectively, realigned margins, and struck out former pars. (2)
    and (3), which related to bond interest for projects under
    construction on Jan. 1, 1983, and directed that Federal share of
    cost of construction would include amount of bond interest but not
    in excess of estimated costs over actual costs.
      Subsec. (b)(1). Pub. L. 105-178, Sec. 1103(l)(3)(A), substituted
    "104(b)(4)" for "104(b)(5)".
      Subsecs. (c), (d). Pub. L. 105-178, Sec. 1226(a)(2), (3), as
    added by Pub. L. 105-206, Sec. 9003(a), redesignated subsec. (d) as
    (c) and struck out heading and text of former subsec. (c). Text
    read as follows: "In determining the apportionment for any fiscal
    year under the provisions of section 103(e)(4), 104, 134, 144,, or
    307 of this title, any such project constructed by a State without
    the aid of Federal funds shall not be considered completed until an
    application under the provisions of this section with respect to
    such project has been approved by the Secretary."
      1995 - Subsec. (d). Pub. L. 104-59 amended subsec. (d) generally.
    Prior to amendment, subsec. (d) read as follows:
      "(d) Limitation on Advanced Funding. - The Secretary may not
    approve an application under this section unless an authorization
    for section 103(e)(4), 104, 144, or 307 of this title, as the case
    may be, is in effect for the fiscal year for which the application
    is sought beyond the currently authorized funds for each State. No
    applications may be approved which will exceed the State's expected
    apportionment of such authorizations."
      1992 - Subsec. (a). Pub. L. 102-302, Sec. 103(1), in heading
    substituted "Substitute, Congestion Mitigation and Air Quality
    Improvement, Surface Transportation, Bridge, Planning, and Research
    Projects" for "Substitute, Urban, Secondary, Bridge, Planning,
    Research, and Safety Construction Projects".
      Subsec. (a)(1)(A)(i). Pub. L. 102-302, Sec. 103(2)(A), added cl.
    (i) and struck out former cl. (i) which read as follows: "has
    obligated all funds apportioned or allocated to it under section
    103(e)(4)(H), section 104(b)(2), section 104(b)(6), section 104(f),
    section 130, section 144, section 152, or section 307 of this
    title, or".
      Subsec. (a)(2)(A). Pub. L. 102-302, Sec. 103(2)(B), added subpar.
    (A) and struck out former subpar. (A) which read as follows: "prior
    to commencement of the project the Secretary approves the plans and
    specifications therefor in the same manner as other projects, and".
      Subsec. (a)(3). Pub. L. 102-302, Sec. 103(2)(C), struck out par.
    (3) which read as follows: "Limitation with respect to currently
    authorized funds. - The Secretary may not approve an application
    under this section unless an authorization for section 103(e)(4),
    104, 130, 144, 152, or 307 of this title, as the case may be, is in
    effect for the fiscal year for which the application is sought
    beyond the currently authorized funds for such State. No
    application may be approved which will exceed the State's expected
    apportionment of such authorizations. This paragraph shall have no
    effect during the period beginning January 1, 1987, and ending
    September 30, 1990."
      Subsec. (b). Pub. L. 102-302, Sec. 103(3), (4), in heading
    substituted "National Highway System" for "Primary" and in par. (1)
    substituted "National Highway System" for "Federal-aid primary
    system".
      Subsec. (c). Pub. L. 102-302, Sec. 103(5), struck out "152" after
    "144,".
      Subsec. (d). Pub. L. 102-302, Sec. 103(6), added subsec. (d) and
    struck out former subsec. (d) which read as follows: "Limitation on
    Advanced Funding for Fiscal Years 1987-1990. - The Secretary may
    not approve an application of a State under this section with
    respect to a project with funds apportioned, or currently
    authorized to be apportioned, under section 103(e)(4)(H), 104, 130,
    144, 152, or 307 if the amount of approved applications with
    respect to such projects exceeds the total of unobligated funds
    apportioned or allocated to the State under such section, plus such
    State's expected apportionment under such section from existing
    authorizations plus an amount equal to such State's expected
    apportionment under such section (other than section 104(b)(5)(A))
    for one additional fiscal year. This subsection shall only be
    effective during the period beginning January 1, 1987, and ending
    September 30, 1990."
      1987 - Pub. L. 100-17, Sec. 113(d)(1)(A), substituted "Advance
    construction" for "Construction by States in advance of
    apportionment" in section catchline.
      Subsec. (a). Pub. L. 100-17, Sec. 113(a), amended subsec. (a)
    generally. Prior to amendment, subsec. (a) read as follows:
      "(1) When a State has obligated all funds apportioned or
    allocated to it under section 103(e)(4), 104, or 144 of this title,
    other than Interstate funds, and proceeds to construct any highway
    substitute, Federal-aid system, or bridge project, respectively,
    other than an Interstate project funded under section 104(b)(5) of
    this title, without the aid of Federal funds in accordance with all
    procedures and all requirements applicable to such a project,
    except insofar as such procedures and requirements limit a State to
    the construction of projects with the aid of Federal funds
    previously apportioned to it, the Secretary, upon application by
    such State and his approval of such application, is authorized to
    pay to such State the Federal share of the costs of construction of
    such project when additional funds are apportioned to such State
    under section 103(e)(4), 104, or 144, respectively, of this title
    if - 
        "(A) prior to the construction of the project the Secretary
      approves the plans and specifications therefor in the same manner
      as other projects, and
        "(B) the project conforms to the applicable standards adopted
      under section 109 of this title.
      "(2) The Secretary may not approve an application under this
    section unless an authorization for section 103(e)(4), 104, or 144
    of this title, as the case may be, is in effect for the fiscal year
    for which the application is sought beyond the currently authorized
    funds for such State. No application may be approved which will
    exceed the State's expected apportionment of such authorizations."
      Subsec. (b). Pub. L. 100-17, Sec. 113(b), inserted heading.
      Subsec. (b)(1). Pub. L. 100-17, Sec. 113(b), amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "When a
    State proceeds to construct any project on the Interstate System
    without the aid of Federal funds, as that System may be designated
    at that time, in accordance with all procedures and all
    requirements applicable to projects on such System, except insofar
    as such procedures and requirements limit a State to the
    construction of projects with the aid of Federal funds previously
    apportioned to it, the Secretary, upon application by such State
    and his approval of such application, is authorized to pay to such
    State the Federal share of the cost of construction of such project
    when additional funds are apportioned to such State under section
    104 of this title if - 
        "(A) prior to the construction of the project the Secretary
      approves the plans and specifications therefor in the same manner
      as other projects on the Interstate System, and
        "(B) the project conforms to the applicable standards under
      section 109 of this title."
      Subsec. (b)(2), (3). Pub. L. 100-17, Sec. 113(d)(1)(B)-(D),
    inserted headings and aligned pars. (2) and (3) with par. (1), as
    amended.
      Subsec. (c). Pub. L. 100-17, Sec. 113(d)(1)(E), (F), inserted
    heading and substituted "134, 144, 152, or 307" for "or 144".
      Subsec. (d). Pub. L. 100-17, Sec. 113(c), added subsec. (d).
      1983 - Subsec. (a). Pub. L. 97-424, Sec. 113(c), designated
    existing provisions as pars. (1) and (2) and designated former
    pars. (1) and (2) as subpars. (A) and (B), respectively, of par.
    (1); in par. (1) as so redesignated, substituted "When a State has
    obligated all funds appropriated or allocated to it under section
    103(e)(4), 104, or 144 of this title, other than "interstate funds,
    and proceeds to construct any highway substitute, Federal-aid
    system, or bridge project, respectively, other than an Interstate
    project funded under section 104(b)(5) of this title, without the
    aid of Federal funds in accordance with all procedures and all
    requirements applicable to such a project, except insofar as such
    procedures and requirements limit a State to the construction of
    projects with the aid of Federal funds previously apportioned to
    it, the Secretary, upon application by such State and his approval
    of such application, is authorized to pay to such State the Federal
    share of the costs of construction of such project when additional
    funds are apportioned to such State under section 103(e)(4), 104,
    or 144, respectively, of this title if - ", for "When a State has
    obligated all funds for any of the Federal-aid systems, other than
    the Interstate System, apportioned to it under section 104 of this
    title, and proceeds to construct any project without the aid of
    Federal funds, including one or more parts of any project, on any
    of the Federal-aid systems in such State, other than the Interstate
    System, as any of those systems may be designated at that time, in
    accordance with all procedures and all requirements applicable to
    projects on any such system, except insofar as such procedures and
    requirements limit a State to the construction of projects with the
    aid of Federal funds previously apportioned to it, the Secretary,
    upon application by such State and his approval of such
    application, is authorized to pay to such State the Federal share
    of the costs of construction of such project when additional funds
    are apportioned to such State under section 104 of this title if -
    "; in subpar. (A) thereof struck out "on the Federal-aid system
    involved" after "other projects"; and in par. (2) as so designated
    inserted "for section 103(e)(4), 104, or 144 of this title, as the
    case may be," after "unless authorization", and made a new sentence
    of existing provisions, beginning with "No application".
      Subsec. (b)(2). Pub. L. 97-424, Sec. 113(a), substituted "1983"
    for "1978" wherever appearing.
      Subsec. (b)(3). Pub. L. 97-424, Sec. 113(b), added par. (3).
      Subsec. (c). Pub. L. 97-424, Sec. 113(d), substituted "section
    103(e)(4), 104, or 144" for "section 104" after "provisions of".
      1979 - Subsec. (b). Pub. L. 96-106 designated existing provisions
    as par. (1) and cls. (1) and (2) thereof as subpars. (A) and (B)
    and added par. (2).
      1975 - Subsec. (a). Pub. L. 93-643, Sec. 111(a), substituted
    "other than the Interstate System" for "including the Interstate
    System" in two places.
      Subsecs. (b), (c). Pub. L. 93-643, Sec. 111(b), added subsec. (b)
    and redesignated former subsec. (b) as (c).
      1968 - Subsec. (a). Pub. L. 90-495, Sec. 25(a), extended advance
    construction authority to all the Federal-aid highway systems
    rather than just the Interstate System but provided that
    anticipation of future apportionments by States should only be
    permitted for those years for which authorizations have been
    established by law.
      Subsec. (b). Pub. L. 90-495, Sec. 25(b), struck out reference to
    subsec. (b)(5) of section 104 of this title.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    this title.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of this
    title.

-End-



-CITE-
    23 USC Sec. 116                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 116. Maintenance

-STATUTE-
      (a) It shall be the duty of the State transportation department
    to maintain, or cause to be maintained, any project constructed
    under the provisions of this chapter or constructed under the
    provisions of prior Acts. The State's obligation to the United
    States to maintain any such project shall cease when it no longer
    constitutes a part of a Federal-aid system.
      (b) In any State wherein the State transportation department is
    without legal authority to maintain a project constructed on the
    Federal-aid secondary system, or within a municipality, such
    transportation department shall enter into a formal agreement for
    its maintenance with the appropriate officials of the county or
    municipality in which such project is located.
      (c) If at any time the Secretary shall find that any project
    constructed under the provisions of this chapter, or constructed
    under the provisions of prior Acts, is not being properly
    maintained, he shall call such fact to the attention of the State
    transportation department. If, within ninety days after receipt of
    such notice, such project has not been put in proper condition of
    maintenance, the Secretary shall withhold approval of further
    projects of all types in the State highway district, municipality,
    county, other political or administrative subdivision of the State,
    or the entire State in which such project is located, whichever the
    Secretary deems most appropriate, until such project shall have
    been put in proper condition of maintenance.
      (d) Preventive Maintenance. - A preventive maintenance activity
    shall be eligible for Federal assistance under this title if the
    State demonstrates to the satisfaction of the Secretary that the
    activity is a cost-effective means of extending the useful life of
    a Federal-aid highway.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 896; Pub. L. 86-70, Sec.
    21(d)(2), (e)(3), June 25, 1959, 73 Stat. 145, 146; Pub. L. 90-495,
    Sec. 26, Aug. 23, 1968, 82 Stat. 829; Pub. L. 95-599, title I, Sec.
    124(d), Nov. 6, 1978, 92 Stat. 2705; Pub. L. 97-424, title I, Sec.
    114, Jan. 6, 1983, 96 Stat. 2107; Pub. L. 100-17, title I, Sec.
    125(b)(2), Apr. 2, 1987, 101 Stat. 167; Pub. L. 104-59, title III,
    Sec. 309, Nov. 28, 1995, 109 Stat. 582; Pub. L. 105-178, title I,
    Sec. 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109-59,
    title I, Sec. 1111(b)(1), Aug. 10, 2005, 119 Stat. 1171.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b). Pub. L. 109-59 substituted "such
    transportation department" for "such highway department".
      1998 - Subsecs. (a) to (c). Pub. L. 105-178 substituted "State
    transportation department" for "State highway department".
      1995 - Subsec. (d). Pub. L. 104-59 added subsec. (d).
      1987 - Subsecs. (d), (e). Pub. L. 100-17 struck out subsecs. (d)
    and (e) which read as follows:
      "(d) The Secretary in consultation with the State highway
    departments and interested and knowledgeable private organizations
    and individuals shall as soon as possible establish national bridge
    inspection standards in order to provide for the proper safety
    inspection of bridges. Such standards shall specify in detail the
    method by which inspections shall be conducted by the State highway
    departments, the maximum time lapse between inspections and the
    qualifications for those charged with the responsibility for
    carrying out such inspections. Each State shall be required to
    maintain written reports to be available to the Secretary pursuant
    to such inspections together with a notation of the action taken
    pursuant to the findings of such inspections. Each State shall be
    required to maintain a current inventory of all bridges.
      "(e) The Secretary shall establish in cooperation with the State
    highway departments a program designed to train appropriate
    employees of the Federal Government and the State governments to
    carry out bridge inspections. Such a program shall be revised from
    time to time in light of new or improved techniques. For the
    purposes of this section the Secretary may use funds made available
    pursuant to the provisions of section 104(a) and section 307(a) of
    this title."
      1983 - Subsec. (c). Pub. L. 97-424 substituted "State highway
    district, municipality, county, other political or administrative
    subdivision of the State, or the entire State in which such project
    is located, whichever the Secretary deems most appropriate," for
    "entire State" after "all types in the", and struck out exception
    for a situation where such project was subject to an agreement
    pursuant to subsection (b) of this section, in which case approval
    was to have been withheld only for secondary or urban projects in
    the county or municipality where such project is located.
      1978 - Subsec. (d). Pub. L. 95-599 struck out provisions limiting
    provisions of the subsection to the Federal-aid system.
      1968 - Subsecs. (d), (e). Pub. L. 90-495 added subsecs. (d) and
    (e).
      1959 - Subsec. (a). Pub. L. 86-70, Sec. 21(e)(3), substituted
    "It" for "Except as provided in subsection (d) of this section,
    it".
      Subsec. (d). Pub. L. 86-70, Sec. 21(d)(2), repealed subsec. (d)
    which related to expenditure of funds apportioned to the Territory
    of Alaska and contributed by the Territory for the maintenance of
    roads.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of this
    title.

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Amendment by section 21(d)(2) of Pub. L. 86-70 effective July 1,
    1959, see section 21(d) of Pub. L. 86-70, set out as a note under
    section 103 of this title.
      Amendment by section 21(e)(3) of Pub. L. 86-70 effective July 1,
    1959, see section 21(e) of Pub. L. 86-70, set out as a note under
    section 101 of this title.

    ESTABLISHMENT OF MINIMUM FEDERAL GUIDELINES FOR MAINTENANCE; STUDY
                BY NATIONAL ACADEMY OF SCIENCES AND REPORT
      Section 163 of Pub. L. 100-17 directed Secretary to enter into
    appropriate arrangements with the National Academy of Sciences to
    conduct a complete investigation of the appropriateness of
    establishing minimum Federal guidelines for maintenance of the
    Federal-aid primary, secondary, and urban systems and, not later
    than 18 months after entering into appropriate arrangements, the
    National Academy of Sciences was to submit to Secretary and
    Congress a report on the results of the investigation and study
    together with recommendations (including legislative and
    administrative recommendations) concerning establishment of minimum
    Federal guidelines for maintenance of the Federal-aid primary,
    secondary, and urban systems.

-End-



-CITE-
    23 USC Sec. 117                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 117. High priority projects program

-STATUTE-
      (a) Authorization of High Priority Projects. - 
        (1) In general. - The Secretary is authorized to carry out high
      priority projects with funds made available to carry out the high
      priority projects program under this section.
        (2) Availability of funds. - 
          (A) For tea-21. - Of amounts made available to carry out this
        section for fiscal years 1998 through 2003, the Secretary,
        subject to subsection (b), shall make available to carry out
        each project described in section 1602 of the Transportation
        Equity Act for the 21st Century the amount listed for such
        project in such section.
          (B) For safetea-lu. - Of amounts made available to carry out
        this section for fiscal years 2005 through 2009, the Secretary,
        subject to subsection (b), shall make available to carry out
        each project described in section 1702 of the SAFETEA-LU the
        amount listed for such project in such section.

        (3) Availability of unallocated funds. - Any amounts made
      available to carry out such program that are not allocated for
      projects described in such section shall be available to the
      Secretary, subject to subsection (b), to carry out such other
      high priority projects as the Secretary determines appropriate.

      (b) For TEA-21. - For each project to be carried out with funds
    made available to carry out the high priority projects program
    under this section for fiscal years 1998 through 2003 - 
        (1) 11 percent of such amount shall be available for obligation
      beginning in fiscal year 1998;
        (2) 15 percent of such amount shall be available for obligation
      beginning in fiscal year 1999;
        (3) 18 percent of such amount shall be available for obligation
      beginning in fiscal year 2000;
        (4) 18 percent of such amount shall be available for obligation
      beginning in fiscal year 2001;
        (5) 19 percent of such amount shall be available for obligation
      beginning in fiscal year 2002; and
        (6) 19 percent of such amount shall be available for obligation
      beginning in fiscal year 2003.

      (c) (!1) For SAFETEA-LU. - For each project to be carried out
    with funds made available to carry out the high priority projects
    program under this section for fiscal years 2005 through 2009 - 

        (1) 20 percent of such amount shall be available for obligation
      beginning in fiscal year 2005;
        (2) 20 percent of such amount shall be available for obligation
      beginning in fiscal year 2006;
        (3) 20 percent of such amount shall be available for obligation
      beginning in fiscal year 2007;
        (4) 20 percent of such amount shall be available for obligation
      beginning in fiscal year 2008; and
        (5) 20 percent of such amount shall be available for obligation
      beginning in fiscal year 2009.

      (c) (!1) Federal Share. - The Federal share payable on account of
    any project carried out with funds made available to carry out this
    section shall be 80 percent of the total cost thereof; except that
    the Federal share on account of the project to be carried out under
    item 1419 of the table contained in section 1602 of the
    Transportation Equity Act for the 21st Century (112 Stat. 309),
    relating to reconstruction of a road and causeway in Shiloh
    Military Park in Hardin County, Tennessee, shall be 100 percent of
    the total cost thereof.
      (d) Delegation to States. - Subject to the provisions of this
    title, the Secretary shall delegate responsibility for carrying out
    a project or projects, with funds made available to carry out this
    section, to the State in which such project or projects are located
    upon request of such State.
      (e) Advance Construction. - When a State which has been delegated
    responsibility for a project under this section - 
        (1) has obligated all funds allocated under this section and
      section 1602 of the Transportation Equity Act for the 21st
      Century or section 1701 (!2) of the SAFETEA-LU, as the case may
      be, for such project; and

        (2) proceeds to construct such project without the aid of
      Federal funds in accordance with all procedures and all
      requirements applicable to such project, except insofar as such
      procedures and requirements limit the State to the construction
      of projects with the aid of Federal funds previously allocated to
      it;

    the Secretary, upon the approval of the application of a State,
    shall pay to the State the Federal share of the cost of
    construction of the project when additional funds are allocated for
    such project under this section and such section 1602 or 1702, as
    the case may be.
      (f) Period of Availability. - Funds made available to carry out
    this section shall remain available until expended.
      (g) Availability of Obligation Limitation. - Obligation authority
    attributable to funds made available to carry out this section
    shall only be available for the purposes of this section and shall
    remain available until obligated pursuant to section 1102(g) of the
    Transportation Equity Act for the 21st Century or section 1102(g)
    of the SAFETEA-LU, as the case may be.
      (h) Treatment. - Funds allocated to a State in accordance with
    this section shall be treated as amounts in addition to the amounts
    a State is apportioned under sections 104, 105, and 144 for
    programmatic purposes.

-SOURCE-
    (Added Pub. L. 105-178, title I, Sec. 1601(a), June 9, 1998, 112
    Stat. 255; amended Pub. L. 106-346, Sec. 101(a) [title III, Sec.
    363], Oct. 23, 2000, 114 Stat. 1356, 1356A-36; Pub. L. 109-59,
    title I, Sec. 1701(a)-(d), Aug. 10, 2005, 119 Stat. 1254-1256.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      TEA-21 and the Transportation Equity Act for the 21st Century,
    referred to in subsecs. (a)(2)(A), (b), (c), (e), and (g), are Pub.
    L. 105-178, June 9, 1998, 112 Stat. 107, as amended. Section
    1102(g) of the Act is set out as a note under section 104 of this
    title. Section 1602 of the Act, 112 Stat. 256, is not classified to
    the Code. 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 subsecs. (a)(2)(B), (c), (e), and
    (g), 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. Section 1102(g) of the Act is set out as a
    note under section 104 of this title. Section 1702 of the Act, 119
    Stat. 1256, is not classified to the Code. 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.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 117, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 897;
    Pub. L. 93-87, title I, Sec. 116(a), Aug. 13, 1973, 87 Stat. 258;
    Pub. L. 94-280, title I, Sec. 116, May 5, 1976, 90 Stat. 436; Pub.
    L. 97-449, Sec. 5(d)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 102-
    240, title I, Sec. 1016(f)(2), Dec. 18, 1991, 105 Stat. 1946,
    related to certification acceptance, prior to repeal by Pub. L. 105-
    178, title I, Sec. 1601(a), June 9, 1998, 112 Stat. 255.

                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 1701(a), reenacted
    heading without change and amended text of subsec. (a) generally.
    Prior to amendment, text read as follows: "The Secretary is
    authorized to carry out high priority projects with funds made
    available to carry out the high priority projects program under
    this section. Of amounts made available to carry out this section,
    the Secretary, subject to subsection (b), shall make available to
    carry out each project described in section 1602 of the
    Transportation Equity Act for the 21st Century the amount listed
    for such project in such section. Any amounts made available to
    carry out such program that are not allocated for projects
    described in such section shall be available to the Secretary,
    subject to subsection (b), to carry out such other high priority
    projects as the Secretary determines appropriate."
      Subsec. (b). Pub. L. 109-59, Sec. 1701(b), amended heading and
    text generally. Prior to amendment, text read as follows: "For each
    project to be carried out with funds made available to carry out
    the high priority projects program under this section - 
        "(1) 11 percent of such amount shall be available for
      obligation beginning in fiscal year 1998;
        "(2) 15 percent of such amount shall be available for
      obligation beginning in fiscal year 1999;
        "(3) 18 percent of such amount shall be available for
      obligation beginning in fiscal year 2000;
        "(4) 18 percent of such amount shall be available for
      obligation beginning in fiscal year 2001;
        "(5) 19 percent of such amount shall be available for
      obligation beginning in fiscal year 2002; and
        "(6) 19 percent of such amount shall be available for
      obligation beginning in fiscal year 2003."
      Subsec. (c). Pub. L. 109-59, Sec. 1701(b), added subsec. (c)
    relating to SAFETEA-LU projects.
      Subsec. (e). Pub. L. 109-59, Sec. 1701(c)(2), substituted "such
    section 1602 or 1702, as the case may be" for "section 1602 of the
    Transportation Equity Act for the 21st Century" in concluding
    provisions.
      Subsec. (e)(1). Pub. L. 109-59, Sec. 1701(c)(1), inserted "or
    section 1701 of the SAFETEA-LU, as the case may be," after "21st
    Century".
      Subsec. (g). Pub. L. 109-59, Sec. 1701(d), inserted "or section
    1102(g) of the SAFETEA-LU, as the case may be" before period at
    end.
      2000 - Subsec. (c). Pub. L. 106-346 inserted before period at end
    "; except that the Federal share on account of the project to be
    carried out under item 1419 of the table contained in section 1602
    of the Transportation Equity Act for the 21st Century (112 Stat.
    309), relating to reconstruction of a road and causeway in Shiloh
    Military Park in Hardin County, Tennessee, shall be 100 percent of
    the total cost thereof".

-FOOTNOTE-
    (!1) So in original. Two subsecs. (c) have been enacted.

    (!2) So in original. Probably should be "1702".


-End-



-CITE-
    23 USC Sec. 118                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 118. Availability of funds

-STATUTE-
      (a) Date Available for Obligation. - Except as otherwise
    specifically provided, authorizations from the Highway Trust Fund
    (other than the Mass Transit Account) to carry out this title shall
    be available for obligation on the date of their apportionment or
    allocation or on October 1 of the fiscal year for which they are
    authorized, whichever occurs first.
      (b) Period of Availability. - 
        (1) Interstate construction funds. - Funds apportioned or
      allocated for Interstate construction in a State (other than
      Massachusetts) shall remain available for obligation in that
      State until the last day of the fiscal year in which they are
      apportioned or allocated. Sums not obligated by the last day of
      the fiscal year in which they are apportioned or allocated shall
      be allocated to other States, except Massachusetts, at the
      discretion of the Secretary. All sums apportioned or allocated on
      or after October 1, 1994, shall remain available in the State
      until expended. All sums apportioned or allocated to
      Massachusetts on or after October 1, 1989, shall remain available
      until expended.
        (2) Other funds. - Except as otherwise specifically provided,
      funds apportioned or allocated pursuant to this title (other than
      for Interstate construction) in a State shall remain available
      for obligation in that State for a period of 3 years after the
      last day of the fiscal year for which the funds are authorized.
      Any amounts so apportioned or allocated that remain unobligated
      at the end of that period shall lapse.

      (c) Set Asides for Interstate Discretionary Projects. - 
        (1) In general. - Before any apportionment is made under
      section 104(b)(4), the Secretary shall set aside $100,000,000 for
      each of fiscal years 2005 through 2009 for obligation by the
      Secretary for projects for resurfacing, restoring,
      rehabilitating, and reconstructing any route or portion thereof
      on the Interstate System (other than any highway designated as a
      part of the Interstate System under section 139 (as in effect on
      the day before the date of enactment of the Transportation Equity
      Act for the 21st Century)) and any toll road on the Interstate
      System not subject to an agreement under section 119(e) (as in
      effect on December 17, 1991).
        (2) Selection criteria. - The amounts set aside under paragraph
      (1) shall be made available by the Secretary to any State
      applying for such funds if the Secretary determines that - 
          (A) the State has obligated or demonstrates that it will
        obligate in the fiscal year all of its apportionments under
        section 104(b)(4) other than an amount that, by itself, is
        insufficient to pay the Federal share of the cost of a project
        for resurfacing, restoring, rehabilitating, and reconstructing
        the Interstate System that has been submitted by the State to
        the Secretary for approval; and
          (B) the applicant is willing and able to - 
            (i) obligate the funds within 1 year of the date the funds
          are made available;
            (ii) apply the funds to a ready-to-commence project; and
            (iii) in the case of construction work, begin work within
          90 days after obligation.

        (3) Priority consideration for certain projects. - In selecting
      projects to fund under paragraph (1), the Secretary shall give
      priority consideration to any project the cost of which exceeds
      $10,000,000 on any high volume route in an urban area or a high
      truck-volume route in a rural area.
        (4) Period of availability of discretionary funds. - Sums made
      available pursuant to this subsection shall remain available
      until expended.

      (d) Obligation and Release of Funds. - 
        (1) In general. - Funds apportioned or allocated to a State for
      a purpose for any fiscal year shall be considered to be obligated
      if a sum equal to the total of the funds apportioned or allocated
      to the State for that purpose for that fiscal year and previous
      fiscal years is obligated.
        (2) Released funds. - Any funds released by the final payment
      for a project, or by modifying the project agreement for a
      project, shall be - 
          (A) credited to the same class of funds previously
        apportioned or allocated to the State for the project; and
          (B) immediately available for obligation.

        (3) Net obligations. - Notwithstanding any other provision of
      law (including a regulation), obligations recorded against funds
      made available under this subsection shall be recorded and
      reported as net obligations.

      (e) (!1) Funds made available to the State of Alaska and the
    Commonwealth of Puerto Rico under this title may be expended for
    construction of access and development roads that will serve
    resource development, recreational, residential, commercial,
    industrial, or other like purposes.


-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 897; Pub. L. 89-574, Sec.
    7(a), Sept. 13, 1966, 80 Stat. 768; Pub. L. 94-280, title I, Sec.
    117(a), May 5, 1976, 90 Stat. 436; Pub. L. 95-599, title I, Sec.
    115(a), Nov. 6, 1978, 92 Stat. 2697; Pub. L. 96-106, Sec. 5(a),
    Nov. 9, 1979, 93 Stat. 797; Pub. L. 97-424, title I, Sec. 115, Jan.
    6, 1983, 96 Stat. 2107; Pub. L. 100-17, title I, Secs. 114(a)-(c),
    (e)(2)-(4), 115, Apr. 2, 1987, 101 Stat. 150-153; Pub. L. 102-240,
    title I, Sec. 1020, Dec. 18, 1991, 105 Stat. 1948; Pub. L. 102-388,
    title IV, Sec. 409, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 105-178,
    title I, Secs. 1106(c)(1)(B), 1107(b), 1226(b), June 9, 1998, 112
    Stat. 136, 137; Pub. L. 105-206, title IX, Sec. 9003(a), July 22,
    1998, 112 Stat. 837; Pub. L. 109-59, title I, Secs. 1111(a),
    1501(b), Aug. 10, 2005, 119 Stat. 1171, 1235.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Transportation Equity Act for the
    21st Century, referred to in subsec. (c)(1), is the date of
    enactment of Pub. L. 105-178, which was approved June 9, 1998.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c)(1). Pub. L. 109-59, Sec. 1111(a), substituted
    "$100,000,000 for each of fiscal years 2005 through 2009" for
    "$50,000,000 in fiscal year 1998 and $100,000,000 in each of fiscal
    years 1999 through 2003".
      Subsec. (d). Pub. L. 109-59, Sec. 1501(b), amended heading and
    text of subsec. (d) generally. Prior to amendment, text read as
    follows: "Any Federal-aid highway funds released by the final
    payment on a project, or by the modification of the project
    agreement, shall be credited to the same program funding category
    previously apportioned to the State and shall be immediately
    available for expenditure."
      1998 - Subsec. (b). Pub. L. 105-178, Sec. 1226(b)(1), as added by
    Pub. L. 105-206, Sec. 9003(a), struck out "; Discretionary
    Projects" after "Availability" in heading.
      Subsec. (c). Pub. L. 105-178, Sec. 1107(b), reenacted heading
    without change and amended text of subsec. (c) generally. Prior to
    amendment, text related to set asides for interstate discretionary
    projects, including set asides for construction projects and for 4R
    projects.
      Subsec. (d). Pub. L. 105-178, Sec. 1106(c)(1)(B), which directed
    the redesignation of subsec. (e) as (d) and the striking out of
    former subsec. (d), was executed by redesignating the subsec. (e)
    added by Pub. L. 105-178, Sec. 1226(b)(2) as (d), and striking out
    former subsec. (d), to reflect the probable intent of Congress.
    Former subsec. (d) read as follows: "In addition to amounts
    otherwise available to carry out this section, an amount equal to
    the amount by which the unobligated apportionment for the
    Interstate System in any State is reduced under section 103(e)(4)
    of this title on account of the withdrawal of a route or portion
    thereof on the Interstate System, which withdrawal is approved
    after the date of enactment of this subsection, shall be available
    to the Secretary for obligation in accordance with subsection
    (b)(1) of this section."
      Subsec. (e). Pub. L. 105-178, Sec. 1106(c)(1)(B)(ii),
    redesignated subsec. (f) as (e). Subsec. (e) as added by Pub. L.
    105-178, Sec. 1226(b)(2), redesignated (d), to reflect the probable
    intent of Congress.
      Pub. L. 105-178, Sec. 1226(b)(2), as added by Pub. L. 105-226,
    Sec. 9003(a), which directed the addition of subsec. (e) and the
    striking out of former subsec. (e), was executed by adding subsec.
    (e) and striking out the former subsec. (e) as in effect before the
    redesignation of subsecs. (e) and (f) as (d) and (e), respectively,
    by Pub. L. 105-178, Sec. 1106(c)(1)(B)(ii), to reflect the probable
    intent of Congress. Former subsec. (e) read as follows: "The total
    payments to any State shall not at any time during a current fiscal
    year exceed the total of all apportionments to such State in
    accordance with section 104 of this title for such fiscal year and
    all preceding fiscal years."
      Subsec. (f). Pub. L. 105-178, Sec. 1106(c)(1)(B)(ii),
    redesignated subsec. (f) as (e).
      1992 - Subsec. (b)(1). Pub. L. 102-388 substituted "construction
    in a State (other than Massachusetts)" for "construction in a
    State" and "after October 1, 1989" for "before October 1, 1989".
      1991 - Subsec. (a). Pub. L. 102-240, Sec. 1020(a), added subsec.
    (a) and struck out former subsec. (a) which read as follows: "On
    and after the date that the Secretary has certified to each State
    highway department the sums apportioned to each Federal-aid system
    or part thereof pursuant to an authorization under this title, or
    under prior Acts, such sums shall be available for expenditure
    under the provisions of this title."
      Subsec. (b). Pub. L. 102-240, Sec. 1020(a), added subsec. (b) and
    struck out former subsec. (b) which contained provisions relating
    to periods of availability of non-Interstate funds, Interstate
    construction funds, and funds for resurfacing, restoring,
    rehabilitating and reconstructing Interstate System, and provisions
    deeming obligation of funds as equivalent to expenditure and
    relating to effect of release of funds.
      Subsec. (c)(1). Pub. L. 102-240, Sec. 1020(b)(1), (2),
    substituted "1992" for "1983" and "$100,000,000" for
    "$300,000,000".
      Subsec. (c)(2). Pub. L. 102-240, Sec. 1020(b)(3), added par. (2)
    and struck out former par. (2) which read as follows: "Set aside
    for 4r projects. - Before any apportionment is made under section
    104(b)(5)(B) of this title, the Secretary shall set aside
    $200,000,000 for obligation by the Secretary in accordance with
    subsection (b)(3) of this section and subject to section 149(d) of
    the Federal-Aid Highway Act of 1987."
      Subsec. (d). Pub. L. 102-240, Sec. 1020(c), substituted "(b)(1)"
    for "(b)(2)".
      Subsec. (f). Pub. L. 102-240, Sec. 1020(d), struck out "on a
    Federal-aid system" after "roads".
      1987 - Pub. L. 100-17, Sec. 114(e)(2), substituted "Availability
    of funds" for "Availability of sums apportioned" in section
    catchline.
      Subsec. (b). Pub. L. 100-17, Sec. 114(e)(3)(A), inserted heading.
      Subsec. (b)(1). Pub. L. 100-17, Sec. 114(e)(3)(B), (D), inserted
    heading and aligned par. (1) with par. (2) as amended.
      Subsec. (b)(2). Pub. L. 100-17, Sec. 114(a), amended par. (2)
    generally, revising and restating as subpars. (A) to (F) provisions
    formerly contained in an undivided paragraph.
      Subsec. (b)(3). Pub. L. 100-17, Sec. 114(c), amended par. (3)
    generally, revising and restating as subpars. (A) to (D) provisions
    formerly contained in an undivided paragraph.
      Subsec. (b)(4). Pub. L. 100-17, Sec. 114(e)(3)(C), (D), inserted
    heading and aligned par. (4) with par. (2) as amended.
      Subsec. (c). Pub. L. 100-17, Sec. 114(b), (e)(4), inserted
    heading, designated existing provisions as par. (1), inserted par.
    (1) heading, substituted "Subject to section 149(d) of the Federal-
    Aid Highway Act of 1987, such amount" for "Such amount" in par.
    (1), added par. (2), and aligned par. (1) with par. (2).
      Subsec. (f). Pub. L. 100-17, Sec. 115, inserted "and the
    Commonwealth of Puerto Rico" after "the State of Alaska".
      1983 - Subsec. (b). Pub. L. 97-424, Sec. 115(a), designated
    existing provisions as pars. (1) through (4), in par. (2) as so
    designated, substituted "for projects on the Interstate System
    (other than projects for which sums are apportioned under section
    104(b)(5)(B)) in accordance with the following priorities: First,
    for high cost projects which directly contribute to the completion
    of an Interstate segment which is not open to traffic; and second,
    for projects of high cost in relation to a State's apportionment.
    Sums may only be made available under this paragraph in any State"
    for "to any other State applying for such funds for the Interstate
    System," after "available by the Secretary", struck out former cl.
    (1), which had required readiness to obligate funds within one year
    of the date the funds are made available, redesignated former cls.
    (2) and (3) as (A) and (B), respectively; and in par. (3) as so
    designated, struck out "and any amounts so apportioned remaining
    unexpended at the end of such period shall lapse" after "such sums
    are authorized", inserted provision relating to the disposition of
    funds not obligated within the prescribed time period, and inserted
    further provision that sums made available under this paragraph
    shall remain available until expended.
      Subsecs. (c) to (f). Pub. L. 97-424, Sec. 115(b), added subsecs.
    (c) and (d) and redesignated former subsecs. (c) and (d) as (e) and
    (f), respectively.
      1979 - Subsec. (b). Pub. L. 96-106 substituted "shall continue to
    be available for expenditure in that State for a period of two
    years after the close of the fiscal year for which such sums are
    authorized and any amounts so apportioned remaining unexpended at
    the end of such period shall lapse" for "remaining unexpended at
    the end of the period of its availability shall lapse".
      1978 - Subsec. (b). Pub. L. 95-599 substituted provisions
    relating to the availability of funds until the end of the fiscal
    year for provisions relating to the availability of funds until two
    years after the close of the fiscal year and substituted provisions
    establishing requirements for eligibility for funds for provisions
    calling for immediate reapportionment of unexpended funds.
      1976 - Subsec. (b). Pub. L. 94-280, in revising text, provided
    for a separate three year period of availability of sums
    apportioned to a Federal-aid system (other than the Interstate
    System), increased from the previously applicable two year period;
    continued the existing two year period for sums apportioned to the
    Interstate System; substituted provision for reapportionment of
    sums, apportioned to the States for the Interstate System under
    section 104(b)(4)(A), under section 104(b)(5)(A) of this title and
    for lapse of sums apportioned to the Interstate System under
    section 104(b)(4)(B) of this title for prior provision for
    reapportionment of sums, apportioned to the States for the
    Interstate System under section 104(b)(4) and (5), under section
    104(b)(5) of this title; and substituted provisions deeming there
    to be an expenditure of sums apportioned to a Federal-aid system if
    a sum equal to the total of the sums apportioned to the State for
    the fiscal year and previous fiscal years is obligated for prior
    provision deeming an expenditure to exist if a sum equal to the
    total of the sums apportioned to the States for the fiscal year and
    previous fiscal years is covered by formal project agreements
    providing for the expenditure of funds authorized by each Act which
    contains provisions authorizing the appropriation of funds for
    Federal-aid highways.
      1966 - Subsec. (d). Pub. L. 89-574 added subsec. (d).

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Section 5(b) of Pub. L. 96-106 provided that: "The amendment made
    by subsection (a) of this section [amending this section] shall
    apply to all amounts apportioned under section 104(b)(5)(B) of
    title 23, United States Code, for the fiscal year 1978 and for
    subsequent fiscal years."

            USE OF EXCESS FUNDS AND FUNDS FOR INACTIVE PROJECTS        
      Pub. L. 109-59, title I, Sec. 1603, Aug. 10, 2005, 119 Stat.
    1248, provided that:
      "(a) Definitions. - In this section, the following definitions
    apply:
        "(1) Eligible funds. - 
          "(A) In general. - The term 'eligible funds' means excess
        funds or inactive funds for a specific transportation project
        or activity that were - 
            "(i) allocated before fiscal year 1991; and
            "(ii) designated in a public law, or a report accompanying
          a public law, for allocation for the specific surface
          transportation project or activity.
          "(B) Inclusion. - The term 'eligible funds' includes funds
        described in subparagraph (A) that were allocated and
        designated for a demonstration project.
        "(2) Excess funds. - The term 'excess funds' means - 
          "(A) funds obligated for a specific transportation project or
        activity that remain available for the project or activity
        after the project or activity has been completed or canceled;
        or
          "(B) an unobligated balance of funds allocated for a
        transportation project or activity that the State in which the
        project or activity was to be carried out certifies are no
        longer needed for the project or activity.
        "(3) Inactive funds. - The term 'inactive funds' means - 
          "(A) an obligated balance of Federal funds for an eligible
        transportation project or activity against which no
        expenditures have been charged during any 1-year period
        beginning after the date of obligation of the funds; and
          "(B) funds that are available to carry out a transportation
        project or activity in a State, but, as certified by the State,
        are unlikely to be advanced for the project or activity during
        the 1-year period beginning on the date of certification.
      "(b) Availability for STP Purposes. - Eligible funds shall be - 
        "(1) made available in accordance with this section to the
      State that originally received the funds; and
        "(2) available for obligation for any eligible purpose under
      section 133 of title 23, United States Code.
      "(c) Retention for Original Purpose. - 
        "(1) In general. - The Secretary [of Transportation] may
      determine that eligible funds identified as inactive funds shall
      remain available for the purpose for which the funds were
      initially made available if the applicable State certifies that
      the funds are necessary for that initial purpose.
        "(2) Report. - A certification provided by a State under
      paragraph (1) shall include a report on the status of, and an
      estimated completion date for, the project that is the subject of
      the certification.
      "(d) Authority to Obligate. - Notwithstanding the original source
    or period of availability of eligible funds, the Secretary [of
    Transportation] may, on the request by a State - 
        "(1) obligate the funds for any eligible purpose under section
      133 of title 23, United States Code; or
        "(2)(A) deobligate the funds; and
        "(B) reobligate the funds for any eligible purpose under that
      section.
      "(e) Applicability. - 
        "(1) In general. - Subject to paragraph (2), this section
      applies only to eligible funds.
        "(2) Discretionary allocations; section 125 projects. - This
      section does not apply to funds that are - 
          "(A) allocated at the discretion of the Secretary [of
        Transportation] and for which the Secretary has the authority
        to withdraw the allocation for use on other projects; or
          "(B) made available to carry out projects under section 125
        of title 23, United States Code.
      "(f) Period of Availability; Title 23 Requirements. - 
        "(1) In general. - Notwithstanding the original source or
      period of availability of eligible funds obligated, or
      deobligated and reobligated, under subsection (d), the eligible
      funds - 
          "(A) shall remain available for obligation for a period of 3
        fiscal years after the fiscal year in which this Act is
        enacted; and
          "(B) except as provided in paragraph (2), shall be subject to
        the requirements of title 23, United States Code, that apply to
        section 133 of that title, including provisions relating to
        Federal share.
        "(2) Exception. - With respect to eligible funds described in
      paragraph (1) - 
          "(A) section 133(d) of title 23, United States Code, shall
        not apply; and
          "(B) the period of availability of the eligible funds shall
        be determined in accordance with this section.
      "(g) Report. - Not later than 1 year after the date of enactment
    of this Act [Aug. 10, 2005], and annually thereafter, the Secretary
    [of Transportation] shall submit to the Committee on Environment
    and Public Works of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives a report
    describing any action taken by the Secretary under this section.
      "(h) Sense of Congress Regarding Use of Eligible Funds. - It is
    the sense of Congress that eligible funds made available under this
    Act [see Tables for classification] or title 23, United States
    Code, should be available for obligation for transportation
    projects and activities in the same geographic region for which the
    eligible funds were initially made available."

-FOOTNOTE-
    (!1) See 1998 Amendment note below.


-End-



-CITE-
    23 USC Sec. 119                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 119. Interstate maintenance program

-STATUTE-
      (a) In General. - 
        (1) Projects. - The Secretary may approve projects for
      resurfacing, restoring, rehabilitating, and reconstructing - 
          (A) routes on the Interstate System designated under section
        103(c)(1) and, in Alaska and Puerto Rico, under section
        103(c)(4)(A);
          (B) routes on the Interstate System designated before the
        date of enactment of the Transportation Equity Act for the 21st
        Century under subsections (a) and (b) of section 139 (as in
        effect on the day before the date of enactment of such Act);
        and
          (C) any segments that become part of the Interstate System
        under section 1105(e)(5) of the Intermodal Surface
        Transportation Efficiency Act of 1991.

        (2) Toll roads. - The Secretary may approve a project pursuant
      to this subsection on a toll road only if such road is subject to
      a Secretarial agreement provided for in section 129 or continued
      in effect by section 1012(d) of the Intermodal Surface
      Transportation Efficiency Act of 1991 (105 Stat. 1939) and not
      voided by the Secretary under section 120(c) of the Surface
      Transportation and Uniform Relocation Assistance Act of 1987 (101
      Stat. 159).
        (3) Funding. - Sums authorized to be appropriated to carry out
      this section shall be out of the Highway Trust Fund and shall be
      apportioned in accordance with section 104(b)(4).

      (b) Transfer of Interstate Construction Apportionments. - Upon
    application by a State (other than the State of Massachusetts) and
    approval by the Secretary, the Secretary may transfer to the
    apportionments to such State under section 104(b)(1) or 104(b)(4)
    any amount of the funds apportioned to such State for any fiscal
    year under section 104(b)(5)(A) (as in effect on the date before
    the date of enactment of the Transportation Equity Act for the 21st
    Century) if such amount does not exceed the Federal share of the
    costs of construction of segments of the Interstate System open to
    traffic in such State (other than high occupancy vehicle lanes)
    included in the most recent interstate cost estimate. Upon transfer
    of such amount, the construction on which such amount is based on
    open-to-traffic segments of the Interstate System in such State as
    included in the latest interstate cost estimate shall be ineligible
    and shall not be included in future interstate cost estimates
    approved or adjusted under section 104(b)(5)(A) (as in effect on
    the date before the date of enactment of the Transportation Equity
    Act for the 21st Century).
      (c) Transfer of Funds for Surface Transportation Program
    Projects. - 
        (1) Upon certification acceptance. - If a State certifies to
      the Secretary that any part of the sums apportioned to the State
      under section 104(b)(4) of this title are in excess of the needs
      of the State for resurfacing, restoring, or rehabilitating
      Interstate System routes and the State is adequately maintaining
      the Interstate System and the Secretary accepts such
      certification, the State may transfer such excess part to its
      apportionment under sections 104(b)(1) and 104(b)(3).
        (2) Unconditional. - Notwithstanding paragraph (1), a State may
      transfer to its apportionment under sections 104(b)(1) and
      104(b)(3) of this title - 
          (A) in fiscal year 1987, an amount not to exceed 20 percent
        of the funds apportioned to the State under section 104(b)(4)
        which are not obligated at the time of the transfer; and
          (B) in any fiscal year thereafter, an amount not to exceed 20
        percent of the funds apportioned to the State under section
        104(b)(4) for such fiscal year.

      (d) Limitation on New Capacity. - Notwithstanding any other
    provision of this title, the portion of the cost of any project
    undertaken pursuant to this section that is attributable to the
    expansion of the capacity of any Interstate highway or bridge,
    where such new capacity consists of one or more new travel lanes
    that are not high-occupancy vehicle lanes or auxiliary lanes, shall
    not be eligible for funding under this section.

-SOURCE-
    (Added Pub. L. 95-599, title I, Sec. 116(a), Nov. 6, 1978, 92 Stat.
    2698; amended Pub. L. 96-106, Sec. 18, Nov. 9, 1979, 93 Stat. 799;
    Pub. L. 97-134, Secs. 6, 7, Dec. 29, 1981, 95 Stat. 1701; Pub. L.
    97-424, title I, Sec. 116(a)(1), (2), (b), (c), Jan. 6, 1983, 96
    Stat. 2109; Pub. L. 98-229, Sec. 8(b), Mar. 9, 1984, 98 Stat. 56;
    Pub. L. 99-190, Sec. 101(e) [title III, Sec. 327], Dec. 19, 1985,
    99 Stat. 1267, 1289; Pub. L. 100-17, title I, Sec. 116(a)-(c)(1),
    Apr. 2, 1987, 101 Stat. 154, 155; Pub. L. 100-202, Sec. 101(l)
    [title III, Sec. 347(b)], Dec. 22, 1987, 101 Stat. 1329-358, 1329-
    388; Pub. L. 102-240, title I, Sec. 1009(a), (b), (e)(1), (3)-(5),
    Dec. 18, 1991, 105 Stat. 1933, 1934; Pub. L. 105-178, title I, Sec.
    1107(a), (d), June 9, 1998, 112 Stat. 137; Pub. L. 105-206, title
    IX, Sec. 9002(f), July 22, 1998, 112 Stat. 836.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Transportation Equity Act for the
    21st Century, referred to in subsecs. (a)(1)(B) and (b), is the
    date of enactment of Pub. L. 105-178, which was approved June 9,
    1998.
      Section 1105(e)(5) of the Intermodal Surface Transportation
    Efficiency Act of 1991, referred to in subsec. (a)(1)(C), is
    section 1105(e)(5) of Pub. L. 102-240 (see 109 Stat. 597) which is
    not classified to the Code.
      Section 1012(d) of the Intermodal Surface Transportation
    Efficiency Act of 1991, referred to in subsec. (a)(2), is section
    1012(d) of Pub. L. 102-240, which is set out as a note under
    section 129 of this title.
      Section 120(c) of the Surface Transportation and Uniform
    Relocation Assistance Act of 1987, referred to in subsec. (a)(2),
    is section 120(c) of Pub. L. 100-17, which is not classified to the
    Code.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 119, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 899,
    related to administration of Federal aid for highways in Alaska,
    prior to repeal by Pub. L. 86-70, Sec. 21(d)(3), June 25, 1959, 73
    Stat. 145, effective July 1, 1959.

                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1107(a)(1), added
    subsec. (a) and struck out former subsec. (a) which read as
    follows: "The Secretary may approve projects for resurfacing,
    restoring and rehabilitating routes on the Interstate System
    designated under sections 103 and 139(c) of this title and routes
    on the Interstate System designated before the date of enactment of
    this sentence under section 139(a) and (b) of this title; except
    that the Secretary may only approve a project pursuant to this
    subsection on a toll road if such road is subject to a Secretarial
    agreement provided for in subsection (e). Sums authorized to be
    appropriated for this section shall be out of the Highway Trust
    Fund and shall be apportioned in accordance with section
    104(b)(5)(B) of this title."
      Subsec. (b). Pub. L. 105-178, Sec. 1107(d)(1), as added by Pub.
    L. 105-206, Sec. 9002(f), substituted "104(b)(4)" for
    "104(b)(5)(B)" in first sentence and "104(b)(5)(A) (as in effect on
    the date before the date of enactment of the Transportation Equity
    Act for the 21st Century)" for "104(b)(5)(A)" in two places.
      Pub. L. 105-178, Sec. 1107(a)(2), (3), redesignated subsec. (d)
    as (b) and struck out former subsec. (b) which read as follows:
    "Not later than one year after the date of issuance of initial
    guidelines under section 109(m) of this title each State shall have
    a program for the Interstate system in accordance with such
    guidelines. Each State shall certify on January 1st of each year
    that it has such a program and the Interstate system is maintained
    in accordance with that program. If a State fails to certify as
    required or if the Secretary determines a State is not adequately
    maintaining the Interstate system in accordance with such program
    then the next apportionment of funds to such State for the
    Interstate system shall be reduced by amounts equal to 10 per
    centum of the amount which would otherwise be apportioned to such
    State under section 104 of this title. If, within one year from the
    date the apportionment for a State is reduced under this
    subsection, the Secretary determines that such State is maintaining
    the Interstate system in accordance with the guidelines the
    apportionment of such State shall be increased by an amount equal
    to the reduction. If the Secretary does not make such a
    determination within such one year period the amount so withheld
    shall be reapportioned to all other eligible States."
      Subsec. (c). Pub. L. 105-178, Sec. 1107(d)(2), as added by Pub.
    L. 105-206, Sec. 9002(f), substituted "104(b)(4)" for
    "104(b)(5)(B)" wherever appearing.
      Pub. L. 105-178, Sec. 1107(a)(2), (3), redesignated subsec. (f)
    as (c) and struck out heading and text of former subsec. (c). Text
    read as follows: "Activities authorized in subsection (a) may
    include the reconstruction of bridges, interchanges, and over
    crossings along existing Interstate routes, including the
    acquisition of right-of-way where necessary, but shall not include
    the construction of new travel lanes other than high occupancy
    vehicle lanes or auxiliary lanes."
      Subsec. (d). Pub. L. 105-178, Sec. 1107(a)(3), redesignated
    subsec. (g) as (d). Former subsec. (d) redesignated (b).
      Subsec. (e). Pub. L. 105-178, Sec. 1107(a)(2), struck out heading
    and text of subsec. (e). Text read as follows: "Preventive
    maintenance activities shall be eligible under this section when a
    State can demonstrate, through its pavement management system, that
    such activities are a cost-effective means of extending Interstate
    pavement life."
      Subsecs. (f), (g). Pub. L. 105-178, Sec. 1107(a)(3), redesignated
    subsecs. (f) and (g) as (c) and (d), respectively.
      1991 - Pub. L. 102-240, Sec. 1009(e)(1), substituted "maintenance
    program" for "System resurfacing" in section catchline.
      Subsec. (a). Pub. L. 102-240, Sec. 1009(e)(5)(A), (B),
    substituted "and rehabilitating" for ", rehabilitating, and
    reconstructing" and struck out at end "The Federal share for any
    project under this subsection shall be that set forth in section
    120(c) of this title."
      Subsec. (c). Pub. L. 102-240, Sec. 1009(e)(3), amended subsec.
    (c) generally. Prior to amendment, subsec. (c) read as follows:
    "Reconstructing as authorized in subsection (a) of this section may
    include, but is not limited to, the addition of travel lanes and
    the construction and reconstruction of interchanges and
    overcrossings along existing completed interstate routes, including
    the acquisition of right-of-way where necessary."
      Subsec. (e). Pub. L. 102-240, Sec. 1009(e)(4), amended subsec.
    (e) generally, substituting present provisions for provisions
    authorizing Secretary to approve projects on toll roads only after
    reaching agreement with State highway department and public
    authorities that road will become free upon collection of tolls
    sufficient to liquidate cost of road and outstanding bonds and cost
    of maintenance, operation and debt service during period of toll
    collections, provisions relating to repayment to Federal Treasury,
    or reduction in apportionment, if road did not become free after
    collection of sufficient tolls, and provisions requiring pre-
    existing agreements to be treated as agreements under subsec. (e).
      Subsec. (f). Pub. L. 102-240, Sec. 1009(e)(5)(C), substituted
    "Surface Transportation Program" for "Primary System" in heading.
      Subsec. (f)(1). Pub. L. 102-240, Sec. 1009(b), (e)(5)(D), (E),
    substituted "or rehabilitating" for "rehabilitating, or
    reconstructing", substituted "sections 104(b)(1) and 104(b)(3)" for
    "section 104(b)(1)", and inserted "the State is adequately
    maintaining the Interstate System and" after "routes and".
      Subsec. (f)(2). Pub. L. 102-240, Sec. 1009(e)(5)(E), substituted
    "sections 104(b)(1) and 104(b)(3)" for "section 104(b)(1)" in
    introductory provisions.
      Subsec. (g). Pub. L. 102-240, Sec. 1009(a), added subsec. (g).
      1987 - Subsec. (a). Pub. L. 100-17, Sec. 116(c)(1), substituted
    "subsection (e)" for "section 105 of the Federal-Aid Highway Act of
    1978".
      Subsec. (d). Pub. L. 100-17, Sec. 116(a), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "Upon
    application by a State and approval by the Secretary, the Secretary
    may authorize the transfer of so much of the amount apportioned to
    such State for any fiscal year under paragraph (5)(A) of subsection
    (b) of section 104 of this title, as does not exceed the Federal
    share of the cost of segments of the Interstate System open to
    traffic in such State (other than high occupancy vehicle lanes), in
    the most recent cost estimate, to the apportionment under paragraph
    (5)(B) of subsection (b) of section 104 of this title, except that
    not more than 50 per centum of the total apportionment under such
    paragraph (5)(A) for a fiscal year shall be transferred under this
    subsection for such fiscal year. The next cost estimate submitted
    to Congress under paragraph (5)(A) of subsection (b) of such
    section 104 of the cost of completing segments of the Interstate
    System open to traffic in that State (other than high occupancy
    vehicle lanes) shall be reduced for such State in an amount equal
    to the amount transferred under this subsection. Notwithstanding
    any other provision of law, and for the purposes of this
    subsection, the phrase 'segments of the interstate system open to
    traffic' shall include a proposed four-lane, limited access
    highway, 6.4 miles in length, the construction of which will
    relocate to a southern alignment a portion of an existing
    interstate highway which was originally built without the aid of
    funds authorized by section 108(b) of the Federal-Aid Highway Act
    of 1956, as amended, and which connects to the east with an
    interstate highway on which tolls are charged. The construction of
    the proposed highway shall include a bridge over the Monongahela
    River."
      Subsec. (e). Pub. L. 100-17, Sec. 116(b), added subsec. (e).
      Subsec. (f). Pub. L. 100-202 substituted "amount not to exceed"
    for "amount equal to" in par. (2)(B).
      Pub. L. 100-17, Sec. 116(b), added subsec. (f).
      1985 - Subsec. (d). Pub. L. 99-190 inserted provisions which
    brought within the phrase "segments of the interstate system open
    to traffic" a proposed four-lane limited access highway, 6.4 miles
    in length, the construction of which will relocate to a southern
    alignment a portion of an existing highway originally built without
    the aid of Federal funds, connecting to the east with an interstate
    highway on which tolls are charged, with the proposed highway to
    include a bridge over the Monongahela River.
      1984 - Subsec. (a). Pub. L. 98-229 substituted provision
    authorizing the Secretary to approve projects designated under
    sections 103 and 139(c) of this title and routes on the Interstate
    System designated before Mar. 9, 1984, under section 139(a) and (b)
    of this title for provision authorizing the Secretary, beginning
    with funds apportioned for the fiscal year 1980, to approve
    projects under sections 103 and 139(c) of this title and, beginning
    with funds apportioned for fiscal year 1984, to approve routes or
    portions thereof on the Interstate System designated before Jan. 6,
    1983, under section 139(a) of this title, which routes or portions
    were so designated in conjunction with the withdrawal of approval
    of another route or portion on the Interstate System under section
    103(e)(4) of this title and provision that the Federal share be
    that as set forth in section 120(c) of this title for provision
    that the Federal share be that as set forth in section 120(a) of
    this title and that effective on or after Dec. 29, 1981, the
    Federal share be that as set forth in section 120(c) of this title.
      1983 - Subsec. (a). Pub. L. 97-424, Sec. 116(a)(1), inserted
    provision that, additionally, beginning with funds apportioned for
    fiscal year 1984, the Secretary may approve projects for
    resurfacing, restoring, rehabilitating, and reconstructing those
    routes or portions thereof on the Interstate System designated
    before Jan. 6, 1983, under section 139(a) of this title (other than
    routes on toll roads not subject to a Secretarial agreement
    provided for in section 105 of the Federal-Aid Highway Act of 1978)
    which routes or portions were so designated in conjunction with the
    withdrawal of approval of another route or portion thereof on the
    Interstate System under section 103(e)(4) of this title.
      Pub. L. 97-424, Sec. 116(a)(2), substituted "under this
    subsection" for "designated under sections 103 and 139(c) of this
    title" before "shall be that set forth in section 120(c) of this
    title".
      Subsecs. (b), (c). Pub. L. 97-424, Sec. 116(b), redesignated the
    second of two sections designated (b) as (c).
      Subsec. (d). Pub. L. 97-424, Sec. 116(c), added subsec. (d).
      1981 - Subsec. (a). Pub. L. 97-134, Secs. 6(a), 7, substituted
    "rehabilitating, and reconstructing routes of the Interstate System
    designated under sections 103 and 139(c) of this title" for "and
    rehabilitating those lanes in use for more than five years on the
    Interstate System", and inserted provision that effective on and
    after Dec. 29, 1981, the Federal share for projects financed by
    funds apportioned under section 104(b)(5)(B) of this title for
    resurfacing, restoring, rehabilitating, and reconstructing routes
    of the Interstate System designated under sections 103 and 139(c)
    of this title shall be that set forth in section 120(c) of this
    title.
      Subsec. (b). Pub. L. 97-134, Sec. 6(b), added subsec. (b)
    providing that reconstruction may include the addition of travel
    lanes and the construction and reconstruction of interchanges and
    overcrossings along existing completed interstate routes, including
    the acquisition of right-of-way where necessary.
      1979 - Subsec. (b). Pub. L. 96-106 substituted "January 1st" for
    "October 1st" and "next apportionment of funds to such State" for
    "funds apportioned to such State for that fiscal year".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                          INTERSTATE NEEDS STUDY                      
      Pub. L. 105-178, title I, Sec. 1107(c), June 9, 1998, 112 Stat.
    138, provided that:
      "(1) Study. - The Secretary shall conduct, in cooperation with
    States and affected metropolitan planning organizations, a study to
    determine - 
        "(A) the expected condition of the Interstate System over the
      next 10 years and the needs of States and metropolitan planning
      organizations to reconstruct and improve the Interstate System;
        "(B) the resources necessary to maintain and improve the
      Interstate System; and
        "(C) the means to ensure that the Nation's surface
      transportation program can - 
          "(i) address the needs identified in subparagraph (A); and
          "(ii) allow for States to address any extraordinary needs.
      "(2) Report. - Not later than January 1, 2000, the Secretary
    shall transmit to Congress a report on the results of the study."

                            GUIDANCE TO STATES                        
      Section 1009(c) of Pub. L. 102-240 provided that: "The Secretary
    shall develop and make available to the States criteria for
    determining - 
        "(1) what share of any project funded under section 119 of
      title 23, United States Code, is attributable to the expansion of
      the capacity of an Interstate highway or bridge; and
        "(2) what constitutes adequate maintenance of the Interstate
      System for the purposes of section 119(f)(1) of title 23, United
      States Code."

                          INNOVATIVE TECHNOLOGIES                      
      Section 142 of Pub. L. 97-424 provided that:
      "(a) The Congress hereby finds and declares that it is in the
    national interest to encourage and promote utilization by the
    States of highway and bridge surfacing, resurfacing, or restoration
    materials which are produced from recycled materials or which
    contain asphalt additives to strengthen the materials. Such
    materials conserve energy and reduce the cost of resurfacing or
    restoring our highways.
      "(b) The Secretary of Transportation is hereby authorized for
    each of the fiscal years through September 30, 1985, to increase
    the Federal share as provided in sections 119, 120, and 144 of
    title 23, United States Code, by 5 per centum of any project
    submitted by the State highway departments which contains in the
    plans, specifications, and estimates submitted pursuant to section
    106, of title 23, United States Code, the use of the materials
    described in subsection (a). To be eligible for such supplemental
    Federal assistance, significant amounts of asphalt additives or
    recycled materials must be used in each project approved by the
    Secretary.
      "(c) The Secretary shall establish a procedure within ninety days
    of the date of enactment of this Act [Jan. 6, 1983] for increasing
    the Federal share under this section."

-End-



-CITE-
    23 USC Sec. 120                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 120. Federal share payable

-STATUTE-
      (a) Interstate System Projects. - 
        (1) In general. - Except as otherwise provided in this chapter,
      the Federal share payable on account of any project on the
      Interstate System (including a project to add high occupancy
      vehicle lanes and a project to add auxiliary lanes but excluding
      a project to add any other lanes) shall be 90 percent of the
      total cost thereof, plus a percentage of the remaining 10 percent
      of such cost in any State containing unappropriated and
      unreserved public lands and nontaxable Indian lands, individual
      and tribal, exceeding 5 percent of the total area of all lands
      therein, equal to the percentage that the area of such lands in
      such State is of its total area; except that such Federal share
      payable on any project in any State shall not exceed 95 percent
      of the total cost of such project.
        (2) State-determined lower federal share. - In the case of any
      project subject to paragraph (1), a State may determine a lower
      Federal share than the Federal share determined under such
      paragraph.

      (b) Other Projects. - Except as otherwise provided in this title,
    the Federal share payable on account of any project or activity
    carried out under this title (other than a project subject to
    subsection (a)) shall be - 
        (1) 80 percent of the cost thereof, except that in the case of
      any State containing nontaxable Indian lands, individual and
      tribal, and public domain lands (both reserved and unreserved)
      exclusive of national forests and national parks and monuments,
      exceeding 5 percent of the total area of all lands therein, the
      Federal share, for purposes of this chapter, shall be increased
      by a percentage of the remaining cost equal to the percentage
      that the area of all such lands in such State, is of its total
      area; or
        (2) 80 percent of the cost thereof, except that in the case of
      any State containing nontaxable Indian lands, individual and
      tribal, public domain lands (both reserved and unreserved),
      national forests, and national parks and monuments, the Federal
      share, for purposes of this chapter, shall be increased by a
      percentage of the remaining cost equal to the percentage that the
      area of all such lands in such State is of its total area;

    except that the Federal share payable on any project in a State
    shall not exceed 95 percent of the total cost of any such project.
    In any case where a State elects to have the Federal share provided
    in paragraph (2) of this subsection, the State must enter into an
    agreement with the Secretary covering a period of not less than 1
    year, requiring such State to use solely for purposes eligible for
    assistance under this title (other than paying its share of
    projects approved under this title) during the period covered by
    such agreement the difference between the State's share as provided
    in paragraph (2) and what its share would be if it elected to pay
    the share provided in paragraph (1) for all projects subject to
    such agreement. In the case of any project subject to this
    subsection, a State may determine a lower Federal share than the
    Federal share determined under the preceding sentences of this
    subsection.
      (c) Increased Federal Share for Certain Safety Projects. - The
    Federal share payable on account of any project for traffic control
    signalization, traffic circles (also known as "roundabouts"),
    safety rest areas, pavement marking, commuter carpooling and
    vanpooling, rail-highway crossing closure, or installation of
    traffic signs, traffic lights, guardrails, impact attenuators,
    concrete barrier endtreatments, breakaway utility poles, or
    priority control systems for emergency vehicles or transit vehicles
    at signalized intersections may amount to 100 percent of the cost
    of construction of such projects; except that not more than 10
    percent of all sums apportioned for all the Federal-aid systems for
    any fiscal year in accordance with section 104 of this title shall
    be used under this subsection. In this subsection, the term "safety
    rest area" means an area where motor vehicle operators can park
    their vehicles and rest, where food, fuel, and lodging services are
    not available, and that is located on a segment of highway with
    respect to which the Secretary determines there is a shortage of
    public and private areas at which motor vehicle operators can park
    their vehicles and rest.
      (d) The Secretary may rely on a statement from the Secretary of
    the Interior as to the area of the lands referred to in subsections
    (a) and (b) of this section. The Secretary of the Interior is
    authorized and directed to provide such statement annually.
      (e) Emergency Relief. - The Federal share payable on account of
    any repair or reconstruction provided for by funds made available
    under section 125 of this title on account of any project on a
    Federal-aid highway, including the Interstate System, shall not
    exceed the Federal share payable on a project on such highway as
    provided in subsections (a) and (b) of this section; except that
    (1) the Federal share payable for eligible emergency repairs to
    minimize damage, protect facilities, or restore essential traffic
    accomplished within 180 days after the actual occurrence of the
    natural disaster or catastrophic failure may amount to 100 percent
    of the costs thereof; and (2) the Federal share payable on account
    of any repair or reconstruction of forest highways, forest
    development roads and trails, park roads and trails, parkways,
    public lands highways, public lands development roads and trails,
    and Indian reservation roads may amount to 100 percent of the cost
    thereof. The total cost of a project may not exceed the cost of
    repair or reconstruction of a comparable facility. As used in this
    section with respect to bridges and in section 144 of this title,
    "a comparable facility" shall mean a facility which meets the
    current geometric and construction standards required for the types
    and volume of traffic which such facility will carry over its
    design life.
      (f) The Secretary is authorized to cooperate with the State
    transportation departments and with the Department of the Interior
    in the construction of Federal-aid highways within Indian
    reservations and national parks and monuments under the
    jurisdiction of the Department of the Interior and to pay the
    amount assumed therefor from the funds apportioned in accordance
    with section 104 of this title to the State wherein the
    reservations and national parks and monuments are located.
      (g) At the request of any State, the Secretary may from time to
    time enter into agreements with such State to reimburse the State
    for the Federal share of the costs of preliminary and construction
    engineering at an agreed percentage of actual construction costs
    for each project, in lieu of the actual engineering costs for such
    project. The Secretary shall annually review each such agreement to
    insure that such percentage reasonably represents the engineering
    costs actually incurred by such State.
      (h) Notwithstanding any other provision of this section or of
    this title, the Federal share payable on account of any project
    under this title in the Virgin Islands, Guam, American Samoa, or
    the Commonwealth of the Northern Mariana Islands shall be 100 per
    centum of the total cost of the project.
      (i) Increased Non-Federal Share. - Notwithstanding any other
    provision of this title and subject to such criteria as the
    Secretary may establish, a State may contribute an amount in excess
    of the non-Federal share of a project under this title so as to
    decrease the Federal share payable on such project.
      (j) Credit for Non-Federal Share. - 
        (1) Eligibility. - 
          (A) In general. - A State may use as a credit toward the non-
        Federal share requirement for any funds made available to
        carry out this title (other than the emergency relief program
        authorized by section 125 and the Appalachian development
        highway system program under section 14501 of title 40) or
        chapter 53 of title 49 toll revenues that are generated and
        used by public, quasi-public, and private agencies to build,
        improve, or maintain highways, bridges, or tunnels that serve
        the public purpose of interstate commerce.
          (B) Special rule for use of federal funds. - If the public,
        quasi-public, or private agency has built, improved, or
        maintained the facility using Federal funds, the credit under
        this paragraph shall be reduced by a percentage equal to the
        percentage of the total cost of building, improving, or
        maintaining the facility that was derived from Federal funds.
          (C) Federal funds defined. - In this paragraph, the term
        "Federal funds" does not include loans of Federal funds or
        other financial assistance that must be repaid to the
        Government.

        (2) Maintenance of effort. - 
          (A) In general. - The credit for any non-Federal share
        provided under this subsection shall not reduce nor replace
        State funds required to match Federal funds for any program
        under this title.
          (B) Condition on receipt of credit. - To receive a credit
        under paragraph (1) for a fiscal year, a State shall enter into
        such agreement as the Secretary may require to ensure that the
        State will maintain its non-Federal transportation capital
        expenditures in such fiscal year at or above the average level
        of such expenditures for the preceding 3 fiscal years; except
        that if, for any 1 of the preceding 3 fiscal years, the non-
        Federal transportation capital expenditures of the State were
        at a level that was greater than 130 percent of the average
        level of such expenditures for the other 2 of the preceding 3
        fiscal years, the agreement shall ensure that the State will
        maintain its non-Federal transportation capital expenditures in
        the fiscal year of the credit at or above the average level of
        such expenditures for the other 2 fiscal years.
          (C) Transportation capital expenditures defined. - In
        subparagraph (B), the term "non-Federal transportation capital
        expenditures" includes any payments made by the State for
        issuance of transportation-related bonds.

        (3) Treatment. - 
          (A) Limitation on liability. - Use of a credit for a non-
        Federal share under this subsection that is received from a
        public, quasi-public, or private agency - 
            (i) shall not expose the agency to additional liability,
          additional regulation, or additional administrative
          oversight; and
            (ii) shall not subject the agency to any additional Federal
          design standards or laws (including regulations) as a result
          of providing the non-Federal share other than those to which
          the agency is already subject.

          (B) Chartered multistate agencies. - When a credit that is
        received from a chartered multistate agency is applied to a non-
        Federal share under this subsection, such credit shall be
        applied equally to all charter States.

      (k) Use of Federal Land Management Agency Funds. -
    Notwithstanding any other provision of law, the funds appropriated
    to any Federal land management agency may be used to pay the non-
    Federal share of the cost of any project the Federal share of
    which is funded under this title or chapter 53 of title 49.
      (l) Use of Federal Lands Highways Program Funds. -
    Notwithstanding any other provision of law, the funds authorized to
    be appropriated to carry out the Federal lands highways program
    under section 204 may be used to pay the non-Federal share of the
    cost of any project that is funded under this title or chapter 53
    of title 49 and that provides access to or within Federal or Indian
    lands.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 898; Pub. L. 86-70, Sec.
    21(d)(4), (e)(4), June 25, 1959, 73 Stat. 145, 146; Pub. L. 86-342,
    title I, Sec. 107(b), Sept. 21, 1959, 73 Stat. 613; Pub. L. 86-657,
    Sec. 3, July 14, 1960, 74 Stat. 522; Pub. L. 88-658, Oct. 13, 1964,
    78 Stat. 1090; Pub. L. 89-574, Sec. 9(a), Sept. 13, 1966, 80 Stat.
    769; Pub. L. 90-495, Secs. 27(b), 34, Aug. 23, 1968, 82 Stat. 829,
    835; Pub. L. 91-605, title I, Secs. 106(f), 108(a), 109(b), 128,
    Dec. 31, 1970, 84 Stat. 1718, 1719, 1731; Pub. L. 95-599, title I,
    Secs. 117, 129(a)-(c), (i), Nov. 6, 1978, 92 Stat. 2699, 2707,
    2708; Pub. L. 97-424, title I, Secs. 109(b), 117, 123(a), 153(f),
    156(c), Jan. 6, 1983, 96 Stat. 2105, 2109, 2113, 2133, 2134; Pub.
    L. 98-78, title III, Sec. 318, Aug. 15, 1983, 97 Stat. 473; Pub. L.
    100-17, title I, Sec. 117(a)-(c)(1), (d), (e), Apr. 2, 1987, 101
    Stat. 155, 156; Pub. L. 102-240, title I, Secs. 1021(a), (b),
    1022(a), Dec. 18, 1991, 105 Stat. 1950, 1951; Pub. L. 104-59, title
    III, Sec. 310(a), Nov. 28, 1995, 109 Stat. 582; Pub. L. 104-205,
    title III, Sec. 353(a), Sept. 30, 1996, 110 Stat. 2980; Pub. L. 105-
    178, title I, Secs. 1111(a)-(c), 1113(a), (c), formerly (d),
    1115(a), (f)(1), 1212(a)(2)(A)(ii), June 9, 1998, 112 Stat. 145,
    151, 152, 154, 193; Pub. L. 105-206, title IX, Secs. 9002(i),
    9006(a)(2), July 22, 1998, 112 Stat. 836, 848; Pub. L. 109-59,
    title I, Secs. 1111(b)(2), 1116(c), 1119(a), 1905, 1947, Aug. 10,
    2005, 119 Stat. 1171, 1177, 1181, 1467, 1513.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c). Pub. L. 109-59, Sec. 1947, inserted "traffic
    circles (also known as 'roundabouts')," after "traffic control
    signalization,".
      Subsec. (e). Pub. L. 109-59, Sec. 1111(b)(2), substituted "such
    highway" for "such system" in first sentence.
      Subsec. (j). Pub. L. 109-59, Sec. 1116(c), inserted "and the
    Appalachian development highway system program under section 14501
    of title 40" after "section 125".
      Subsec. (j)(1). Pub. L. 109-59, Sec. 1905, designated existing
    provisions as subpar. (A), inserted heading, and substituted
    subpars. (B) and (C) for "Such public, quasi-public, or private
    agencies shall have built, improved, or maintained such facilities
    without Federal funds."
      Subsec. (k). Pub. L. 109-59, Sec. 1119(a)(1), struck out "Federal-
    aid highway" before "project" and substituted "this title or
    chapter 53 of title 49" for "section 104".
      Subsec. (l). Pub. L. 109-59, Sec. 1119(a)(2), substituted "this
    title or chapter 53 of title 49" for "section 104".
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1111(a)(1), designated
    existing provisions as par. (1), inserted heading, realigned
    margins, and added par. (2).
      Subsec. (b). Pub. L. 105-178, Sec. 1111(a)(2), inserted at end of
    concluding provisions "In the case of any project subject to this
    subsection, a State may determine a lower Federal share than the
    Federal share determined under the preceding sentences of this
    subsection."
      Subsec. (c). Pub. L. 105-178, Sec. 1111(b), inserted "or transit
    vehicles" after "emergency vehicles" in first sentence.
      Subsec. (e). Pub. L. 105-178, Sec. 1113(c), formerly Sec.
    1113(d), renumbered Sec. 1113(c) by Pub. L. 105-206, Sec.
    9006(a)(2), substituted "and (b)" for "and (c)" and "180 days" for
    "90 days".
      Pub. L. 105-178, Sec. 1113(a), substituted "highway" for "highway
    system" in first sentence.
      Subsec. (f). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii), substituted
    "State transportation departments" for "State highway departments".
      Subsec. (j). Pub. L. 105-178, Sec. 1115(f)(1), as added by Pub.
    L. 105-206, Sec. 9002(i), redesignated subsec. (j), relating to use
    of Federal land management agency funds, as (k).
      Pub. L. 105-178, Sec. 1115(a), added subsec. (j) relating to use
    of Federal land management agency funds.
      Pub. L. 105-178, Sec. 1111(c), added subsec. (j) relating to
    credit for non-Federal share.
      Subsec. (k). Pub. L. 105-178, Sec. 1115(f)(1), as added by Pub.
    L. 105-206, Sec. 9002(i), redesignated subsec. (j), relating to use
    of Federal land management agency funds, as (k). Former subsec. (k)
    redesignated (l).
      Pub. L. 105-178, Sec. 1115(a), added subsec. (k).
      Subsec. (l). Pub. L. 105-178, Sec. 1115(f)(1), as added by Pub.
    L. 105-206, Sec. 9002(i), redesignated subsec. (k) as (l).
      1996 - Subsec. (c). Pub. L. 104-205 inserted "rail-highway
    crossing closure," after "carpooling and vanpooling,".
      1995 - Subsec. (c). Pub. L. 104-59 inserted "safety rest areas,"
    after "signalization," and inserted sentence at end defining
    "safety rest area".
      1991 - Subsecs. (a) to (c). Pub. L. 102-240, Sec. 1021(a), added
    subsecs. (a) to (c) and struck out former subsec. (a) which
    contained provisions relating to Federal share of Federal-aid
    primary, secondary and urban system projects, former subsec. (b)
    which contained provisions relating to Federal share of Interstate
    System projects financed with funds authorized to be appropriated
    prior to June 29, 1956, and former subsec. (c) which contained
    provisions relating to Federal share of Interstate System projects
    financed with funds made available under section 108(b) of the
    Federal-Aid Highway Act of 1956.
      Subsec. (d). Pub. L. 102-240, Sec. 1022(a), which directed the
    substitution of "180 days" for "90 days" in subsec. (d) as
    redesignated, could not be executed because the phrase "90 days"
    does not appear in subsec. (d) as redesignated.
      Pub. L. 102-240, Sec. 1021(b)(3), which directed the substitution
    of "and (b)" for "and (c)" in subsec. (d) as redesignated, could
    not be executed because the phrase "and (c)" does not appear in
    subsec. (d) as redesignated.
      Pub. L. 102-240, Sec. 1021(a), (b)(2), redesignated subsec. (e)
    as (d) and struck out former subsec. (d) which related to Federal
    share for projects for railway-highway crossing elimination,
    traffic control signalization, pavement marking, carpooling and
    vanpooling, and installation of traffic signs, highway lights,
    guardrails, and impact attenuators.
      Subsec. (e). Pub. L. 102-240, Sec. 1021(b)(2), redesignated
    subsec. (f) as (e). Former subsec. (e) redesignated (d).
      Subsecs. (f) to (h). Pub. L. 102-240, Sec. 1021(b)(2),
    redesignated subsecs. (g) to (i) as (f) to (h), respectively.
    Former subsec. (f) redesignated (e).
      Subsec. (i). Pub. L. 102-240, Sec. 1021(b)(2), redesignated
    subsec. (n) as (i). Former subsec. (i) redesignated (h).
      Subsecs. (j) to (m). Pub. L. 102-240, Sec. 1021(b)(1), struck out
    subsec. (j) which related to Federal share of project financed
    under section 307(c) of this title, subsec. (k) which related to
    Federal share of projects under sections 143 and 155 of this title
    and projects for priority primary routes under section 147 of this
    title, subsec. (l) which related to Federal share of projects to
    reconstruct, resurface, restore and rehabilitate highways which
    incurred substantial use as result of transportation activities to
    meet national energy requirements, and subsec. (m) which related to
    Federal share of Great River Road projects under section 148 of
    this title.
      Subsec. (n). Pub. L. 102-240, Sec. 1021(b)(2), redesignated
    subsec. (n) as (i).
      1987 - Subsec. (d). Pub. L. 100-17, Sec. 117(a), inserted "or for
    installation of traffic signs, highway lights, guardrails, or
    impact attenuators" after "vanpooling".
      Subsec. (f). Pub. L. 100-17, Sec. 117(c)(1), inserted heading and
    amended first sentence generally. Prior to amendment, first
    sentence read as follows: "The Federal share payable on account of
    any repair or reconstruction provided for by funds made available
    under section 125 of this title shall not exceed 100 per centum of
    the cost thereof: Provided, That the Federal share payable on
    account of any repair or reconstruction of forest highways, forest
    development roads and trails, park roads and trails, parkways,
    public lands highways, public lands development roads and trails,
    and Indian reservation roads may amount to 100 per centum of the
    cost thereof."
      Subsecs. (i), (j). Pub. L. 100-17, Sec. 117(b), redesignated
    subsec. (i) relating to Federal share payable on account of any
    project financed under section 307(c) of this title, as subsec.
    (j). Former subsec. (j) redesignated (k).
      Subsec. (k). Pub. L. 100-17, Sec. 117(b), (d)(1), redesignated
    former subsec. (j) as (k) and substituted "(j)" for "(i)", "and
    155" for ", 148, and 155," and "100-3" for "97-61". Former subsec.
    (k) redesignated (l).
      Subsec. (l). Pub. L. 100-17, Sec. 117(b), redesignated former
    subsec. (k) as (l).
      Subsec. (m). Pub. L. 100-17, Sec. 117(d)(2), added subsec. (m).
      Subsec. (n). Pub. L. 100-17, Sec. 117(e), added subsec. (n).
      1983 - Subsec. (j). Pub. L. 98-78 inserted ", and for funds
    allocated under the provisions of section 155 of this title and
    obligated subsequent to January 6, 1983," after "Representatives".
      1983 - Subsec. (c). Pub. L. 97-424, Sec. 117(a), inserted
    provision at end that, notwithstanding subsection (a) of this
    section, the Federal share payable on account of any project
    financed with primary funds on the Interstate System for
    resurfacing, restoring, rehabilitating, and reconstructing shall be
    the percentage provided in this subsection.
      Subsec. (d). Pub. L. 97-424, Sec. 117(b), inserted "or for
    pavement marking" after "signalization", and provision that the
    Federal share payable on account of any project for traffic control
    signalization under section 103(e)(4) of this title may amount to
    100 per centum of the cost of construction of such project.
      Pub. L. 97-424, Sec. 123(a), inserted "or for commuter carpooling
    and vanpooling" before ", may amount to 100 per centum".
      Subsec. (f). Pub. L. 97-424, Sec. 153(f), substituted "100 per
    centum" for "75 per centum" after "shall not exceed", struck out
    provision that in the case of any State containing nontaxable
    Indian lands, individual and tribal, and public domain lands (both
    reserved and unreserved) exclusive of national forests and national
    parks and monuments exceeding 5 per centum of the total area of all
    lands therein, the Federal share would be increased by a percentage
    of the remaining cost equal to the percentage that the area of all
    such lands in such State is of its total area, struck out ",
    whether or not such highways, roads, or trails are on any Federal-
    aid highway system" after "may amount to 100 per centum of the
    cost thereof", substituted provision that the total cost of a
    project may not exceed the cost of repair or reconstruction of a
    comparable facility for provision that the Secretary might increase
    the Federal share payable on account of any repair or
    reconstruction under this section up to 100 per centum of the
    replacement cost of a comparable facility if he determined it to be
    in the public interest, and struck out provision that any project
    agreement for which the final voucher had not been approved by the
    Secretary on or before the date of this Act might be modified to
    provide for the Federal share authorized herein.
      Subsec. (i). Pub. L. 97-424, Sec. 156(c), added subsec. (i)
    relating to Federal share payable for any project financed under
    section 307(c) of this title.
      Subsec. (j). Pub. L. 97-424, Sec. 117(c), added subsec. (j).
      Subsec. (k). Pub. L. 97-424, Sec. 109(b), added subsec. (k).
      1978 - Subsec. (a). Pub. L. 95-599, Sec. 129(a), substituted "75
    per centum" for "70 per centum" wherever appearing.
      Subsec. (d). Pub. L. 95-599 Secs. 117, 129(b), inserted "and for
    any project for traffic control signalization," after "section 130
    of this title,", and substituted "75 per centum" for "70 per
    centum."
      Subsec. (f). Pub. L. 95-599, Sec. 129(c), substituted "75 per
    centum" for "70 per centum" wherever appearing.
      Subsec. (i). Pub. L. 95-599, Sec. 129(i), added subsec. (i)
    relating to Federal share payable for any project in the Virgin
    Islands, etc.
      1970 - Subsec. (a). Pub. L. 91-605, Secs. 106(f), 108(a),
    inserted reference to the Federal-aid urban system, and substituted
    "70 per centum" for "50 per centum" in two places.
      Subsec. (d). Pub. L. 91-605, Sec. 108(a), substituted "70 per
    centum" for "50 per centum".
      Subsec. (f). Pub. L. 91-605, Secs. 108(a), 109(b), inserted
    definition of "a comparable facility" and substituted "70 per
    centum" for "50 per centum".
      Subsec. (h). Pub. L. 91-605, Sec. 128, added subsec. (h).
      1968 - Subsec. (a). Pub. L. 90-495, Sec. 34, made provision for
    an election by the States as to the formula it desired to have its
    Federal share computed under by adding an optional formula
    permitting an increase in the Federal share by a percentage of the
    remaining cost equal to the percentage that the area of specified
    lands is of the State's total, but not so as to increase the share
    beyond 95 percent of the total cost of the project, with States
    exercising the option required to enter into an agreement to use
    the difference solely for highway construction purposes.
      Subsec. (f). Pub. L. 90-495, Sec. 27(b), authorized the Secretary
    to increase the Federal share payable on account of any repair or
    reconstruction under this section up to 100 per centum of the
    replacement cost of a comparable facility if he determines that it
    is in the public interest.
      1966 - Subsec. (f). Pub. L. 89-574 added parkways, public land
    highways, public lands development roads, and trails to the list of
    road projects on the repair or reconstruction of which the Federal
    share payable may amount to 100 per centum of the cost.
      1964 - Subsec. (f). Pub. L. 88-658 provided that in case of any
    State containing nontaxable Indian lands, and public domain lands
    exclusive of national forests and national parks and monuments
    exceeding 5 per centum of the total area of all lands therein, the
    Federal share shall be increased by a percentage of the remaining
    cost equal to the percentage that the area of all such lands in
    such State, is of its total area.
      1960 - Subsec. (a). Pub. L. 86-657 substituted "nontaxable Indian
    lands, individual and tribal, and public domain lands (both
    reserved and unreserved) exclusive of national forests and national
    parks and monuments" for "unappropriated and unreserved public
    lands and nontaxable Indian lands, individual and tribal".
      1959 - Subsec. (a). Pub. L. 86-70, Sec. 21(e)(4), substituted
    "subsection (d) of this section" for "subsections (d) and (h) of
    this section".
      Subsec. (f). Pub. L. 86-342 provided that the Federal share
    payable on account of any repair or reconstruction of forest
    highways, forest development roads and trails, park roads and
    trails, and Indian reservation roads may amount to 100 per centum
    of the cost thereof, whether or not such highways, roads or trails
    are on any Federal-aid highway system.
      Subsec. (h). Pub. L. 86-70, Sec. 21(d)(4), repealed subsec. (h)
    which related to contributions by the Territory of Alaska and to
    the expenditure of Federal funds apportioned to the Territory of
    Alaska and funds contributed by the Territory.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by section 1021 of Pub. L. 102-240 effective Dec. 18,
    1991, and applicable to funds authorized to be appropriated or made
    available after Sept. 30, 1991, and, with certain exceptions, not
    applicable to funds appropriated or made available on or before
    Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as a
    note under section 104 of this title.
      Section 1022(c) of Pub. L. 102-240 provided that: "The amendments
    made by subsections (a) and (b) [amending this section and section
    125 of this title] shall only apply to natural disasters and
    catastrophic failures occurring after the date of the enactment of
    this Act [Dec. 18, 1991]."

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 117(c)(2) of Pub. L. 100-17 provided that: "The amendment
    made by paragraph (1) [amending this section] shall apply to all
    natural disasters and catastrophic failures which occur after the
    date of the enactment of this Act [Apr. 2, 1987]."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 129(h) of Pub. L. 95-599 provided that: "The amendments
    made by subsections (a) through (g) of this section [amending this
    section and sections 148, 155, 215, and 406 of this title] shall
    take effect with respect to obligations incurred after the date of
    enactment of this section [Nov. 6, 1978]."

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Section 108(b) of Pub. L. 91-605, as amended by Pub. L. 93-87,
    title I, Sec. 153, Aug. 13, 1973, 87 Stat. 276, provided that: "The
    amendments made by subsection (a) of this section [amending this
    section] shall take effect with respect to all obligations incurred
    after June 30, 1973."

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by section 27(b) of Pub. L. 90-495 applicable to repair
    or construction with respect to which project agreements have been
    entered into on or before Jan. 1, 1968, see section 27(c) of Pub.
    L. 90-495, set out as a note under section 125 of this title.
      Amendment by section 34 of Pub. L. 90-495 effective Aug. 23,
    1968, see section 37 of Pub. L. 90-495, set out as a note under
    section 101 of this title.

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Amendment by section 21(d)(4) of Pub. L. 86-70 effective July 1,
    1959, see section 21(d) of Pub. L. 86-70, set out as a note under
    section 103 of this title.
      Amendment by section 21(e)(4) of Pub. L. 86-70 effective July 1,
    1959, see section 12(e) of Pub. L. 86-70, set out as a note under
    section 101 of this title.

                       CREDIT FOR NON-FEDERAL SHARE                   
      Section 1044 of Pub. L. 102-240 provided that:
      "(a) Eligibility. - A State may use as a credit toward the non-
    Federal matching share requirement for all programs under this Act
    [see Short Title of 1991 Amendment note set out under section 101
    of Title 49, Transportation] and title 23, United States Code, toll
    revenues that are generated and used by public, quasi-public and
    private agencies to build, improve, or maintain highways, bridges,
    or tunnels that serve the public purpose of interstate commerce.
    Such public, quasi-public or private agencies shall have built,
    improved, or maintained such facilities without Federal funds.
      "(b) Maintenance of Effort. - The credit for any non-Federal
    share shall not reduce nor replace State monies required to match
    Federal funds for any program pursuant to this Act or title 23,
    United States Code. In receiving a credit for non-Federal capital
    expenditures under this section, a State shall enter into such
    agreements as the Secretary may require to ensure that such State
    will maintain its non-Federal transportation capital expenditures
    at or above the average level of such expenditures for the
    preceding three fiscal years.
      "(c) Treatment. - Use of such credit for a non-Federal share
    shall not expose such agencies from which the credit is received to
    additional liability, additional regulation or additional
    administrative oversight. When credit is applied from chartered
    multi-State agencies, such credit shall be applied equally to all
    charter States. The public, quasi-public, and private agencies from
    which the credit for which the non-Federal share is calculated
    shall not be subject to any additional Federal design standards,
    laws or regulations as a result of providing non-Federal match
    other than those to which such agency is already subject."

                      TEMPORARY MATCHING FUND WAIVER                  
      Section 1054 of title I of Pub. L. 102-240 provided that:
      "(a) Waiver of Matching Share. - Notwithstanding any other
    provision of law, the Federal share of any qualifying project
    approved by the Secretary under title 23, United States Code, and
    of any qualifying project for which the United States becomes
    obligated to pay under title 23, United States Code, during the
    period beginning on October 1, 1991, and ending September 30, 1993,
    shall be the percentage of the construction cost as the State
    requests, up to and including 100 percent.
      "(b) Repayment. - The total amount of increases in the Federal
    share made pursuant to subsection (a) for any State shall be repaid
    to the United States by the State on or before March 30, 1994.
    Payments shall be deposited in the Highway Trust Fund and repaid
    amounts shall be credited to the appropriate apportionment accounts
    of the State.
      "(c) Deduction From Apportionments. - If a State has not made the
    repayment as required by subsection (b), the Secretary shall deduct
    from funds apportioned to the State under title 23, United States
    Code, in each of the fiscal years 1995 and 1996, a pro rata share
    of each category of apportioned funds. The amount which shall be
    deducted in each fiscal year shall be equal to 50 percent of the
    amount needed for repayment. Any amount deducted under this
    subsection shall be reapportioned for fiscal years 1995 and 1996 in
    accordance with title 23, United States Code, to those States which
    have not received a higher Federal share under this section and to
    those States which have made the repayment required by subsection
    (b).
      "(d) Qualifying Project Defined. - For purposes of this section,
    the term 'qualifying project' means a project approved by the
    Secretary after the effective date of this title [Dec. 18, 1991],
    or a project for which the United States becomes obligated to pay
    after such effective date, and for which the Governor of the State
    submitting the project has certified, in accordance with
    regulations established by the Secretary, that sufficient funds are
    not available to pay the cost of the non-Federal share of the
    project."

                   INCENTIVE PROGRAM FOR USE OF COAL ASH               
      Section 117(f) of Pub. L. 100-17 provided that: "Notwithstanding
    sections 119, 120, and 144 of title 23, United States Code, in each
    of fiscal years 1987, 1988, 1989, 1990, and 1991, the percentage
    specified in such sections as the Federal share of the cost payable
    on account of any highway or bridge construction project in which
    materials produced from coal ash are used in significant amounts
    shall be increased by adding 5 percent to such percentage; except
    that in no case shall the Federal share payable on account of any
    project exceed 95 percent of the cost of such project as a result
    of increasing such Federal share under this subsection."

       OBLIGATIONS FOR PROJECTS RESULTING FROM NATURAL DISASTERS OR
          CATASTROPHIC FAILURES; EMERGENCY RELIEF; FEDERAL SHARE
      Section 153(g) of Pub. L. 97-424 provided that: "All obligations
    for projects resulting from a natural disaster or catastrophic
    failure which the Secretary finds to be eligible for emergency
    relief subsequent to the date of enactment of this subsection [Jan.
    6, 1983] shall provide for the Federal share required by subsection
    (f) of section 120 of title 23, United States Code, as amended by
    this section."

    FEDERAL SHARE OF PROJECTS APPROVED DURING PERIOD BEGINNING FEBRUARY
                  12, 1975, AND ENDING SEPTEMBER 30, 1975
      Pub. L. 94-30, Secs. 1, 2, June 4, 1975, 89 Stat. 171, as amended
    by Pub. L. 94-280, title I, Sec. 145, May 5, 1976, 90 Stat. 446,
    provided for Federal share of projects approved under section
    106(a) of this title, and projects for which United States becomes
    obligated under section 117 of this title during the period
    beginning Feb. 12, 1975, and ending Sept. 30, 1975, and repayment
    schedule for States from Jan. 1, 1977, through Jan. 1, 1979.

    REVIEW AND ANALYSIS OF EXCISE TAXES DEDICATED TO HIGHWAY TRUST FUND
      Section 507 of Pub. L. 95-599 provided that:
      "(a) In General. - The Secretary of the Treasury, in consultation
    with the Secretary of Transportation and the staff of the Joint
    Committee on Taxation, shall - 
        "(1) review and analyze each excise tax now dedicated to the
      Highway Trust Fund with respect to such factors as ease or
      difficulty of administration of such tax and the compliance
      burdens imposed on taxpayers by such tax, and
        "(2) on or before April 15, 1982, report to the Committee on
      Ways and Means of the House of Representatives and the Committee
      on Finance of the Senate as to the matters set forth in paragraph
      (1) and other findings, as well as recommendations on - 
          "(A) improvements in excise taxation which would enhance tax
        administration, equity, and compliance, or
          "(B) a new system of raising revenues to fund the Highway
        Trust Fund which would meet the objectives set forth in
        subparagraph (A).
    The recommendations described in paragraph (2) shall be formulated
    in conjunction with the recommendations of the cost allocation
    study under section 506 set out as note under section 307 of this
    title of the equitable distribution of the highway excise taxes.
      "(b) Interim Reports. - The Secretary of the Treasury, in
    consultation with the Secretary of Transportation and the staff of
    the Joint Committee on Taxation, shall file an interim report with
    the Committee on Ways and Means of the House of Representatives and
    the Committee on Finance of the Senate on or before April 15, 1980,
    and a second interim report on or before April 15, 1981."

                            HIGHWAY TRUST FUND                        
      Section 209 of act June 29, 1956, ch. 462, title II, 70 Stat.
    397, as amended by Pub. L. 86-342, title II, Sec. 202, Sept. 21,
    1959, 73 Stat. 615; Pub. L. 86-346, title I, Sec. 104(5), Sept. 22,
    1959, 73 Stat. 622; Pub. L. 86-440, Sec. 1(c), Apr. 22, 1960, 74
    Stat. 81; Pub. L. 87-61, title II, Sec. 207, June 29, 1961, 75
    Stat. 128; Pub. L. 88-578, title II, Sec. 202, Sept. 3, 1964, 78
    Stat. 904; Pub. L. 89-44, title II, Sec. 210, title VIII, Sec.
    809(e), June 21, 1965, 79 Stat. 144, 168; Pub. L. 91-258, title II,
    Secs. 207(e), 208(g), May 21, 1970, 84 Stat. 249, 252; Pub. L. 91-
    605, title III, Sec. 301, Dec. 31, 1970, 84 Stat. 1743; Pub. L. 94-
    273, Sec. 18, Apr. 21, 1976, 90 Stat. 379; Pub. L. 94-280, title
    III, Sec. 301, May 5, 1976, 90 Stat. 456; Pub. L. 95-599, title V,
    Secs. 503(a), 504(a), Nov. 6, 1978, 92 Stat. 2757; Pub. L. 95-618,
    title II, Sec. 233(b)(2)(E), Nov. 9, 1978, 92 Stat. 3191; Pub. L.
    96-451, title II, Sec. 203(a), Oct. 14, 1980, 94 Stat. 1988; Pub.
    L. 97-424, title V, Sec. 531(b), Jan. 6, 1983, 96 Stat. 2191; Pub.
    L. 97-449, Sec. 2(a), Jan. 12, 1983, 96 Stat. 2439, provided that:
      "(a) [Repealed. Pub. L. 97-424, title V, Sec. 531(b), Jan. 6,
    1983, 96 Stat. 2191. Subsec. (a) provided for the creation of a
    Highway Trust Fund.]
      "(b) Declaration of Policy. - It is hereby declared to be the
    policy of the Congress that if it hereafter appears - 
        "(1) that the total receipts of the Trust Fund (exclusive of
      advances under subsection (d) will be less than the total
      expenditures from such Fund (exclusive of repayments of such
      advances); or
        "(2) that the distribution of the tax burden among the various
      classes of persons using the Federal-aid highways, or otherwise
      deriving benefits from such highways, is not equitable, the
      Congress shall enact legislation in order to bring about a
      balance of total receipts and total expenditures, or such
      equitable distribution, as the case may be.
      "(c) to (g) [Repealed. Pub. L. 97-424, title V, Sec. 531(b), Jan.
    6, 1983, 96 Stat. 2191. Subsecs. (c) to (g) provided generally for
    the transfer of the equivalent of the receipts of certain taxes to
    the Fund, for additional appropriations to the Fund, for its
    management, methods and purposes of expenditures, and for
    adjustment of apportionments regarding the Fund.]"
      Section 203(b) of Pub. L. 96-451 provided that: "The amendment
    made by subsection (a) [amending former subsec. (f)(5) of section
    209 of Act June 29, 1956] shall apply to taxes received on or after
    October 1, 1980."
      Section 504(b) of Pub. L. 95-599 provided that: "The amendment
    made by subsection (a) [amending former subsec. (g) of section 209
    of Act June 29, 1956] shall apply to fiscal years beginning after
    September 30, 1978."
      Pub. L. 91-258, title II, Sec. 208(g), May 21, 1970, 84 Stat.
    252, which added subsec. (c)(5) of section 209 of the Act of June
    29, 1956, ch. 462, title II, 70 Stat. 397, was repealed by Pub. L.
    97-248, title II, Sec. 281(b), Sept. 3, 1982, 96 Stat. 566.

                 PERCENTAGE OF FUNDS CONTRIBUTED BY ALASKA             
      Section 21(d)(4) of Pub. L. 86-70, which repealed subsec. (h) of
    this section, provided in part that the provisions of subsec. (h)
    relating to the percentage of funds to be contributed by Alaska
    shall continue to apply to funds apportioned to Alaska for fiscal
    year 1960 and prior fiscal years.

-End-



-CITE-
    23 USC Sec. 121                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 121. Payment to States for construction

-STATUTE-
      (a) In General. - The Secretary, from time to time as the work
    progresses, may make payments to a State for costs of construction
    incurred by the State on a project. Such payments may also be made
    for the value of the materials - 
        (1) that have been stockpiled in the vicinity of the
      construction in conformity to plans and specifications for the
      projects; and
        (2) that are not in the vicinity of the construction if the
      Secretary determines that because of required fabrication at an
      off-site location the material cannot be stockpiled in such
      vicinity.

      (b) Project Agreement. - No payment shall be made under this
    chapter except for a project covered by a project agreement. After
    completion of the project in accordance with the project agreement,
    a State shall be entitled to payment out of the appropriate sums
    apportioned or allocated to the State of the unpaid balance of the
    Federal share payable for such project.
      (c) Such payments shall be made to such official or officials or
    depository as may be designated by the State transportation
    department and authorized under the laws of the State to receive
    public funds of the State.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 899; Pub. L. 88-157, Sec.
    7(b), Oct. 24, 1963, 77 Stat. 278; Pub. L. 93-87, title I, Sec.
    117, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94-280, title I, Sec.
    118(a), May 5, 1976, 90 Stat. 437; Pub. L. 100-17, title I, Sec.
    133(b)(6), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102-240, title I,
    Sec. 1018(b), Dec. 18, 1991, 105 Stat. 1948; Pub. L. 105-178, title
    I, Secs. 1212(a)(2)(A)(i), 1302, June 9, 1998, 112 Stat. 193, 226.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1302(1), added subsec.
    (a) and struck out former subsec. (a) which read as follows: "The
    Secretary may, in his discretion, from time to time as the work
    progresses, make payments to a State for costs of construction
    incurred by it on a project. These payments shall at no time exceed
    the Federal share of the costs of construction incurred to the date
    of the voucher covering such payment plus the Federal share of the
    value of the materials which have been stockpiled in the vicinity
    of such construction in conformity to plans and specifications for
    the project. Such payments may also be made in the case of any such
    materials not in the vicinity of such construction if the Secretary
    determines that because of required fabrication at an off-site
    location the materials cannot be stockpiled in such vicinity."
      Subsec. (b). Pub. L. 105-178, Sec. 1302(1), added subsec. (b) and
    struck out former subsec. (b) which read as follows: "After
    completion of a project in accordance with the plans and
    specifications, and approval of the final voucher by the Secretary,
    a State shall be entitled to payment out of the appropriate sums
    apportioned to it of the unpaid balance of the Federal share
    payable on account of such project."
      Subsec. (c). Pub. L. 105-178, Sec. 1302(2), (3), redesignated
    subsec. (e) as (c) and struck out former subsec. (c) which read as
    follows: "No payment shall be made under this chapter, except for a
    project located on a Federal-aid system and covered by a project
    agreement. No final payment shall be made to a State for its costs
    of construction of a project until the completion of the
    construction has been approved by the Secretary following
    inspections pursuant to section 114(a) of this title."
      Subsec. (d). Pub. L. 105-178, Sec. 1302(2), struck out subsec.
    (d) which read as follows: "In making payments pursuant to this
    section, the Secretary shall be bound by the limitations with
    respect to the permissible amounts of such payments continued in
    sections 106(c), 120, and 130 of this title."
      Subsec. (e). Pub. L. 105-178, Sec. 1302(3), redesignated subsec.
    (e) as (c).
      Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted "State
    transportation department" for "State highway department".
      1991 - Subsec. (d). Pub. L. 102-240 substituted "106(c), 120,"
    for "120" and struck out at end "Payments for construction
    engineering on any project financed with Federal-aid highway funds
    shall not exceed 15 percent of the Federal share of the cost of
    construction of such project after excluding from the cost of
    construction the costs of rights-of-way, preliminary engineering,
    and construction engineering."
      1987 - Subsec. (d). Pub. L. 100-17 substituted "15 percent" for
    "10 per centum" and struck out at end "However, this limitation
    shall be 15 per centum in any State with respect to which the
    Secretary finds such higher limitation to be necessary."
      1976 - Subsec. (d). Pub. L. 94-280 substituted "Federal-aid
    highway funds" for "Federal-aid primary, secondary, or urban funds"
    and struck out 10 per centum limitation provision for any project
    financed with interstate funds.
      1973 - Subsec. (a). Pub. L. 93-87 authorized payments to be made
    for materials not in the construction vicinity where the Secretary
    determines that because of required fabrication at an off-site
    location the materials cannot be stockpiled in such vicinity.
      1963 - Subsec. (d). Pub. L. 88-157 substituted "any project
    financed with Federal-aid primary, secondary, or urban funds" for
    "any one project" and provided for limitation, on payments for
    construction engineering on projects financed with Federal-aid
    primary, secondary, or urban funds, of 15 percent of Federal share
    of cost of construction of the project where found by the Secretary
    to be necessary and for 10-percent limitation on projects financed
    with interstate funds.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

      SUBMISSION OF RECOMMENDATIONS TO CONGRESS FOR REIMBURSEMENT OF
                        STATES FOR CERTAIN HIGHWAYS
      Pub. L. 85-845, Aug. 28, 1958, 72 Stat. 1083, required Secretary
    of Commerce, within ten days after first day of first session of
    Eighty-sixth Congress, to submit to Congress recommendations for
    legislation for purpose of assisting Congress to determine whether
    or not to reimburse each State of any portion of a toll or free
    highway (1) which was on National System of Interstate and Defense
    Highways [now Dwight D. Eisenhower System of Interstate and Defense
    Highways], (2) which met standards required by Federal-Aid Highway
    Act of 1956 for such System of Interstate and Defense Highways, and
    (3) construction of which had been completed since Aug. 2, 1947, or
    which had been in actual use or under construction by contract, for
    completion, awarded not later than June 30, 1957.

-End-



-CITE-
    23 USC Sec. 122                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 122. Payments to States for bond and other debt instrument
      financing

-STATUTE-
      (a) Definition of Eligible Debt Financing Instrument. - In this
    section, the term "eligible debt financing instrument" means a bond
    or other debt financing instrument, including a note, certificate,
    mortgage, or lease agreement, issued by a State or political
    subdivision of a State or a public authority, the proceeds of which
    are used for an eligible project under this title.
      (b) Federal Reimbursement. - Subject to subsections (c) and (d),
    the Secretary may reimburse a State for expenses and costs incurred
    by the State or a political subdivision of the State and reimburse
    a public authority for expenses and costs incurred by the public
    authority for - 
        (1) interest payments under an eligible debt financing
      instrument;
        (2) the retirement of principal of an eligible debt financing
      instrument;
        (3) the cost of the issuance of an eligible debt financing
      instrument;
        (4) the cost of insurance for an eligible debt financing
      instrument; and
        (5) any other cost incidental to the sale of an eligible debt
      financing instrument (as determined by the Secretary).

      (c) Conditions on Payment. - The Secretary may reimburse a State
    or public authority under subsection (b) with respect to a project
    funded by an eligible debt financing instrument after the State or
    public authority has complied with this title with respect to the
    project to the extent and in the manner that would be required if
    payment were to be made under section 121.
      (d) Federal Share. - The Federal share of the cost of a project
    payable under this section shall not exceed the Federal share of
    the cost of the project as determined under section 120.
      (e) Statutory Construction. - Notwithstanding any other provision
    of law, the eligibility of an eligible debt financing instrument
    for reimbursement under subsection (b) shall not - 
        (1) constitute a commitment, guarantee, or obligation on the
      part of the United States to provide for payment of principal or
      interest on the eligible debt financing instrument; or
        (2) create any right of a third party against the United States
      for payment under the eligible debt financing instrument.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 900; Pub. L. 95-599, title
    I, Sec. 115(b), Nov. 6, 1978, 92 Stat. 2698; Pub. L. 97-424, title
    I, Sec. 107(f), Jan. 6, 1983, 96 Stat. 2103; Pub. L. 100-17, title
    I, Sec. 133(b)(7), Apr. 2, 1987, 101 Stat. 171; Pub. L. 104-59,
    title III, Sec. 311(a), Nov. 28, 1995, 109 Stat. 583.)


-MISC1-
                                AMENDMENTS                            
      1995 - Pub. L. 104-59 amended section generally, substituting
    present provisions for provisions which authorized States to use
    portion of Federal highway payments to retire principal of bonds
    proceeds of which were used for certain Federal highway projects.
      1987 - Pub. L. 100-17 inserted "or for substitute highway
    projects approved under section 103(e)(4) of this title" before
    "and the retirement" in first sentence.
      1983 - Pub. L. 97-424 inserted "or for substitute highway
    projects approved under section 103(e)(4) of this title," after
    "highway systems in urban areas," and "or on highway projects
    approved under section 103(e)(4) of this title" after "expenditure
    on such system".
      1978 - Pub. L. 95-599 inserted provisions relating to the
    retirement of bonds the proceeds of which were used for program
    projects, provisions that section was not to be construed as a
    commitment on the part of the United States to pay the principal of
    any such bonds, and provisions prohibiting inclusion of interest
    and incidental costs of bonds in estimated cost of completion.

    PAYMENT OF INTEREST ON BONDS ISSUED PRIOR TO AND AFTER NOVEMBER 6,
                                   1978
      Section 115(c) of Pub. L. 95-599 provided that: "No interest
    shall be paid under authority of section 122 of title 23, United
    States Code, on any bonds issued prior to the date of enactment of
    this Act [Nov. 6, 1978], unless such bonds were issued for projects
    which were under construction on January 1, 1978. Interest on bonds
    issued in any fiscal year by a State after the date of enactment of
    this Act may be paid under authority of section 122 of title 23,
    United States Code, only if (1) such State was eligible to obligate
    funds of another State under subsection (a) of this section during
    such fiscal year and (2) the Secretary of Transportation certifies
    that such eligible State utilized, or will utilize, to the fullest
    extent possible during such fiscal year its authority to obligate
    funds under such subsection (a) of this section [amending section
    118(b) of this title]. No interest shall be paid under section 122
    of title 23, United States Code, on that part of the proceeds of
    bonds issued after the date of enactment of this Act used to retire
    or otherwise refinance bonds issued prior to such date."

-End-



-CITE-
    23 USC Sec. 123                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 123. Relocation of utility facilities

-STATUTE-
      (a) When a State shall pay for the cost of relocation of utility
    facilities necessitated by the construction of a project on any
    Federal-aid system, Federal funds may be used to reimburse the
    State for such cost in the same proportion as Federal funds are
    expended on the project. Federal funds shall not be used to
    reimburse the State under this section when the payment to the
    utility violates the law of the State or violates a legal contract
    between the utility and the State. Such reimbursement shall be made
    only after evidence satisfactory to the Secretary shall have been
    presented to him substantiating the fact that the State has paid
    such cost from its own funds with respect to Federal-aid highway
    projects for which Federal funds are obligated subsequent to April
    16, 1958, for work, including relocation of utility facilities.
      (b) The term "utility", for the purposes of this section, shall
    include publicly, privately, and cooperatively owned utilities.
      (c) The term "cost of relocation", for the purposes of this
    section, shall include the entire amount paid by such utility
    properly attributable to such relocation after deducting therefrom
    any increase in the value of the new facility and any salvage value
    derived from the old facility.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 900; Pub. L. 100-17, title
    I, Sec. 133(b)(8), Apr. 2, 1987, 101 Stat. 171.)


-MISC1-
                                AMENDMENTS                            
      1987 - Subsec. (a). Pub. L. 100-17 substituted "any Federal-aid
    system," for "the Federal-aid primary or secondary systems or on
    the Interstate System, including extensions thereof within urban
    areas,".

            STUDY OF PROCUREMENT PRACTICES AND PROJECT DELIVERY        
      Pub. L. 105-178, title I, Sec. 1213(e), June 9, 1998, 112 Stat.
    201, provided that:
      "(1) Study. - The Comptroller General shall conduct a study to
    assess the impact that a utility company's failure to relocate its
    facilities in a timely manner has on the delivery and cost of
    Federal-aid highway and bridge projects. The study shall also
    assess the following:
        "(A) Methods States use to mitigate such delays, including the
      use of the courts to compel cooperation.
        "(B) The prevalence and use of incentives to utility companies
      for early completion of utility relocations on Federal-aid
      transportation project sites and, conversely, penalties assessed
      on utility companies for utility relocation delays on such
      projects.
        "(C) The extent to which States have used available
      technologies, such as subsurface utility engineering, early in
      the design of Federal-aid highway and bridge projects so as to
      eliminate or reduce the need for or delays due to utility
      relocations.
        "(D) Whether individual States compensate transportation
      contractors for business costs incurred by the contractors when
      Federal-aid highway and bridge projects under contract to them
      are delayed by utility-company-caused delays in utility
      relocations and any methods used by States in making any such
      compensation.
      "(2) Report. - Not later than 1 year after the date of enactment
    of this Act [June 9, 1998], the Comptroller General shall transmit
    to Congress a report on the results of the study with any
    recommendations the Comptroller General determines appropriate as a
    result of the study."

-End-



-CITE-
    23 USC Sec. 124                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 124. Advances to States

-STATUTE-
      If the Secretary shall determine that it is necessary for the
    expeditious completion of projects on any of the Federal-aid
    systems, including the Interstate System, he may advance to any
    State out of any existing appropriations the Federal share of the
    cost of construction thereof to enable the State transportation
    department to make prompt payments for acquisition of rights-of-
    way, and for the construction as it progresses. The sums so
    advanced shall be deposited in a special revolving trust fund, by
    the State official authorized under the laws of the State to
    receive Federal-aid highway funds, to be disbursed solely upon
    vouchers approved by the State transportation department for rights-
    of-way which have been or are being acquired, and for construction
    which has been actually performed and approved by the Secretary
    pursuant to this chapter. Upon determination by the Secretary that
    any part of the funds advanced to any State under the provisions of
    this section are no longer required, the amount of the advance,
    which is determined to be in excess of current requirements of the
    State, shall be repaid upon his demand, and such repayments shall
    be returned to the credit of the appropriation from which the funds
    were advanced. Any sum advanced and not repaid on demand shall be
    deducted from sums due the State for the Federal pro rata share of
    the cost of construction of Federal-aid projects.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 95-599, title
    I, Sec. 118, Nov. 6, 1978, 92 Stat. 2699; Pub. L. 105-178, title I,
    Secs. 1212(a)(2)(A)(i), 1226(c), June 9, 1998, 112 Stat. 193; Pub.
    L. 105-206, title IX, Sec. 9003(a), July 22, 1998, 112 Stat. 837.)


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-178, Sec. 1226(c), as added by Pub. L. 105-
    206, Sec. 9003(a), struck out subsec. (a) designation before "If
    the Secretary" and struck out subsec. (b), which had: authorized
    advance of 100 per centum of cost of construction where Secretary
    determined that toll bridge, toll tunnel, or approach thereto
    meeting section 129 requirements was necessary to complete
    essential gap in Interstate System; provided repayment schedule;
    and directed that advance be made from funds apportioned to State
    for Interstate System and that section 103(e)(4) provisions would
    not apply.
      Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted "State
    transportation department" for "State highway department" in two
    places.
      1978 - Pub. L. 95-599 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    this title.

                         ACCELERATION OF PROJECTS                     
      Pub. L. 94-280, title I, Sec. 141, May 5, 1976, 90 Stat. 444, as
    amended by Pub. L. 95-599, title I, Sec. 136, Nov. 6, 1978, 92
    Stat. 2709, provided that: "Not later than six months after the
    completion of such project, the Secretary of Transportation shall
    submit a report to Congress which includes, but is not limited to,
    a description of the methods used to reduce the time necessary for
    the completion of such project, recommendations for applying such
    methods to other highway projects, and any changes which may be
    necessary to existing law to permit further reductions in the time
    necessary to complete highway projects."

-End-



-CITE-
    23 USC Sec. 125                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 125. Emergency relief

-STATUTE-
      (a) General Eligibility. - Subject to this section and section
    120, an emergency fund is authorized for expenditure by the
    Secretary for the repair or reconstruction of highways, roads, and
    trails, in any part of the United States, including Indian
    reservations, that the Secretary finds have suffered serious damage
    as a result of - 
        (1) natural disaster over a wide area, such as by a flood,
      hurricane, tidal wave, earthquake, severe storm, or landslide; or
        (2) catastrophic failure from any external cause.

      (b) Restriction on Eligibility. - In no event shall funds be used
    pursuant to this section for the repair or reconstruction of
    bridges that have been permanently closed to all vehicular traffic
    by the State or responsible local official because of imminent
    danger of collapse due to a structural deficiency or physical
    deterioration.
      (c) Funding. - Subject to the following limitations, there are
    authorized to be appropriated from the Highway Trust Fund (other
    than the Mass Transit Account) such sums as may be necessary to
    establish the fund authorized by this section and to replenish it
    on an annual basis:
        (1) Not more than $100,000,000 is authorized to be obligated in
      any 1 fiscal year commencing after September 30, 1980, to carry
      out the provisions of this section; except that, if in any fiscal
      year the total of all obligations under this section is less than
      the amount authorized to be obligated in such fiscal year, the
      unobligated balance of such amount shall remain available until
      expended and shall be in addition to amounts otherwise available
      to carry out this section each year.
        (2) Pending such appropriation or replenishment, the Secretary
      may obligate from any funds heretofore or hereafter appropriated
      for obligation in accordance with this title, including existing
      Federal-aid appropriations, such sums as may be necessary for the
      immediate prosecution of the work herein authorized. Funds
      obligated under this paragraph shall be reimbursed from such
      appropriation or replenishment.

      (d) The Secretary may expend funds from the emergency fund herein
    authorized for the repair or reconstruction of highways on Federal-
    aid highways in accordance with the provisions of this chapter:
    Provided, That (1) obligations for projects under this section,
    including those on highways, roads, and trails mentioned in
    subsection (e) of this section, resulting from a single natural
    disaster or a single catastrophic failure in a State shall not
    exceed $100,000,000, and (2) the total obligations for projects
    under this section in any fiscal year in the Virgin Islands, Guam,
    American Samoa, and the Commonwealth of the Northern Mariana
    Islands shall not exceed $20,000,000. Notwithstanding any provision
    of this chapter actual and necessary costs of maintenance and
    operation of ferryboats providing temporary substitute highway
    traffic service, less the amount of fares charged, may be expended
    from the emergency fund herein authorized on Federal-aid highways.
    Except as to highways, roads, and trails mentioned in subsection
    (e) of this section, no funds shall be so expended unless the
    Secretary has received an application therefor from the State
    transportation department, and unless an emergency has been
    declared by the Governor of the State and concurred in by the
    Secretary, except that if the President has declared such emergency
    to be a major disaster for the purposes of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
    seq.) concurrence of the Secretary is not required.
      (e) The Secretary may expend funds from the emergency fund herein
    authorized, either independently or in cooperation with any other
    branch of the Government, State agency, organization, or person,
    for the repair or reconstruction of forest highways, forest
    development roads and trails, park roads and trails, parkways,
    public lands highways, public lands development roads and trails,
    and Indian reservation roads, whether or not such highways, roads,
    or trails are Federal-aid highways.
      (f) Treatment of Territories. - For purposes of this section, the
    Virgin Islands, Guam, American Samoa, and the Commonwealth of the
    Northern Mariana Islands shall be considered to be States and parts
    of the United States, and the chief executive officer of each such
    territory shall be considered to be a Governor of a State.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901; Pub. L. 86-342, title
    I, Sec. 107(a), Sept. 21, 1959, 73 Stat. 612; Pub. L. 89-574, Sec.
    9(b), (c), Sept. 13, 1966, 80 Stat. 769; Pub. L. 90-495, Sec.
    27(a), Aug. 23, 1968, 82 Stat. 829; Pub. L. 91-605, title I, Sec.
    109(a), Dec. 31, 1970, 84 Stat. 1718; Pub. L. 92-361, Aug. 3, 1972,
    86 Stat. 503; Pub. L. 94-280, title I, Sec. 119, May 5, 1976, 90
    Stat. 437; Pub. L. 95-599, title I, Sec. 119, Nov. 6, 1978, 92
    Stat. 2700; Pub. L. 96-106, Sec. 19, Nov. 9, 1979, 93 Stat. 799;
    Pub. L. 97-424, title I, Sec. 153(a), (c), (d), (h), Jan. 6, 1983,
    96 Stat. 2132, 2133; Pub. L. 99-190, Sec. 101(e) [title III, Sec.
    334], Dec. 19, 1985, 99 Stat. 1267, 1290; Pub. L. 99-272, title IV,
    Sec. 4103, Apr. 7, 1986, 100 Stat. 114; Pub. L. 100-17, title I,
    Secs. 118(a)(1), (b)(1), (2), 133(b)(9), Apr. 2, 1987, 101 Stat.
    156, 171; Pub. L. 100-707, Sec. 109(k), Nov. 23, 1988, 102 Stat.
    4709; Pub. L. 102-240, title I, Sec. 1022(b), Dec. 18, 1991, 105
    Stat. 1951; Pub. L. 102-302, Sec. 101, June 22, 1992, 106 Stat.
    252; Pub. L. 105-178, title I, Secs. 1113(b), 1212(a)(2)(A)(i),
    June 9, 1998, 112 Stat. 151, 193.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Robert T. Stafford Disaster Relief and Emergency Assistance
    Act, referred to in subsec. (d), is Pub. L. 93-288, May 22, 1974,
    88 Stat. 143, as amended, which is classified principally to
    chapter 68 (Sec. 5121 et seq.) of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    Short Title note set out under section 5121 of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1113(b)(2), added
    subsec. (a) and struck out former subsec. (a) which authorized
    expenditures by Secretary from emergency fund for repair or
    reconstruction of highways, roads, or trails which have suffered
    serious damage from natural disasters or catastrophic failures from
    external sources, including provisions relating to restrictions on
    eligibility and funding.
      Subsecs. (b), (c). Pub. L. 105-178, Sec. 1113(b)(1), (2), added
    subsecs. (b) and (c) and redesignated former subsecs. (b) and (c)
    as (d) and (e), respectively.
      Subsec. (d). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
    "State transportation department" for "State highway department".
      Pub. L. 105-178, Sec. 1113(b)(3), substituted "reconstruction of
    highways on Federal-aid highways in accordance" for "reconstruction
    of highways on the Federal-aid highway systems, including the
    Interstate System, in accordance" in first sentence, "subsection
    (e) of this section" for "subsection (c) of this section" in two
    places, "authorized on Federal-aid highways" for "authorized on the
    Federal-aid highway systems, including the Interstate System"
    before period at end of second sentence, and "Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
    seq.)" for "Disaster Relief and Emergency Assistance Act (Public
    Law 93-288)" in third sentence.
      Pub. L. 105-178, Sec. 1113(b)(1), redesignated subsec. (b) as
    (d). Former subsec. (d) redesignated (f).
      Subsec. (e). Pub. L. 105-178, Sec. 1113(b)(4), substituted
    "Federal-aid highways" for "on any of the Federal-aid highway
    systems" before period at end.
      Pub. L. 105-178, Sec. 1113(b)(1), redesignated subsec. (c) as
    (e).
      Subsec. (f). Pub. L. 105-178, Sec. 1113(b)(1), redesignated
    subsec. (d) as (f).
      1992 - Subsec. (b). Pub. L. 102-302, which directed the
    substitution of "on Federal-aid highways" for "on the Federal-aid
    highway systems including the Interstate System" in two places,
    could not be executed because phrase "on the Federal-aid highway
    systems including the Interstate System" did not appear in text.
      1991 - Subsec. (b)(2). Pub. L. 102-240 substituted "$20,000,000"
    for "$5,000,000".
      1988 - Subsec. (b). Pub. L. 100-707 substituted "and Emergency
    Assistance Act" for "Act of 1974".
      1987 - Subsec. (b). Pub. L. 100-17, Sec. 133(b)(9)(A),
    substituted "the Federal-aid highway systems, including the
    Interstate System" for "the Interstate System, the Primary System,
    and on any routes functionally classified as arterials or major
    collectors" in two places.
      Pub. L. 100-17, Sec. 118(a)(1), substituted "in a State shall not
    exceed $100,000,000." for "shall not exceed $30,000,000
    ($55,000,000 for projects in connection with disasters or failures
    occurring in calendar year 1985) in any State."
      Pub. L. 100-17, Sec. 118(b)(2), designated existing provisions
    related to limitations placed upon obligations for projects under
    this section as cl. (1) and added cl. (2).
      Subsec. (c). Pub. L. 100-17, Sec. 133(b)(9)(B), substituted "on
    any of the Federal-aid highway systems" for "routes functionally
    classified as arterials or major collectors".
      Subsec. (d). Pub. L. 100-17, Sec. 118(b)(1), added subsec. (d).
      1986 - Subsec. (b). Pub. L. 99-272 inserted parenthetical
    provision allowing obligations not exceeding $55,000,000 for
    projects in connection with disasters or failures occurring in
    calendar year 1985.
      1985 - Pub. L. 99-190 amended section in manner substantially
    identical to amendment by Pub. L. 99-272.
      1983 - Subsec. (a). Pub. L. 97-424, Sec. 153(a)(1), inserted
    "(1)" before "the repair or reconstruction of highways", and
    substituted "Secretary" for "he" before "shall find have suffered";
    (A) and (B) for (1) and (2), respectively; "In no event shall funds
    be used pursuant to this section for the" for "and (2)"; and "or
    responsible local official" for "after December 31, 1967, and prior
    to December 31, 1970,".
      Pub. L. 97-424, Sec. 153(a)(2), inserted "from the Highway Trust
    Fund" after "appropriated".
      Pub. L. 97-424, Sec. 153(c), inserted "and not more than
    $100,000,000 is authorized to be expended in any one fiscal year
    commencing after September 30, 1980," after "after September 30,
    1976,".
      Subsec. (b). Pub. L. 97-424, Sec. 153(d), inserted proviso
    establishing a $30,000,000 limit for obligations relating to a
    single natural disaster in any one State.
      Pub. L. 97-424, Sec. 153(h)(1), substituted "the Interstate
    System, the Primary System, and on any routes functionally
    classified as arterials or major collectors," for "the Federal-aid
    highway systems, including the Interstate System", wherever
    appearing.
      Subsec. (c). Pub. L. 97-424, Sec. 153(h)(2), substituted "routes
    functionally classified as arterials or major collectors" for "on
    any of the Federal-aid highway systems".
      1979 - Subsec. (b). Pub. L. 96-106 inserted provision that
    notwithstanding any provision of this chapter actual and necessary
    costs of maintenance and operation of ferryboats providing
    temporary substitute highway traffic service, less the amount of
    fares charged, may be expended from the emergency fund herein
    authorized on the Federal-aid highway systems, including the
    Interstate System.
      1978 - Subsec. (a). Pub. L. 95-599 inserted "prior to the fiscal
    year ending September 30, 1978" after "such years, and (2)", and
    inserted provision authorizing appropriations of 100 percent of
    expenditures out of the Highway Trust Fund.
      1976 - Subsec. (a). Pub. L. 94-280, Sec. 119(a)(1)-(3), inserted
    ", and ending before June 1, 1976," after "June 30, 1972,",
    authorized expenditure of not more than $25,000,000 for the three-
    month period beginning July 1, 1976, and ending September 30,
    1976, and not more than $100,000,000 in any one fiscal year
    commencing after September 30, 1976, and inserted provision that
    for the purposes of this section the period beginning July 1, 1976,
    and ending September 30, 1976, shall be deemed to be a part of the
    fiscal year ending September 30, 1977.
      Subsec. (b). Pub. L. 94-280, Sec. 119(b), excepted from the
    requirement of a concurrence by the Secretary an emergency declared
    by the President to be a major disaster for purposes of the
    Disaster Relief Act of 1974.
      1972 - Subsec. (a). Pub. L. 92-361 substituted provisions setting
    forth maximum expendable amounts for fiscal years ending July 1,
    1972 and for fiscal years commencing after June 30, 1972 and an
    additional amount for fiscal year ending June 30, 1973 for
    provisions setting forth maximum expendable amount for any fiscal
    year.
      1970 - Subsec. (a). Pub. L. 91-605 provided emergency relief for
    the repair or reconstruction of bridges which have been permanently
    closed to all vehicular traffic by the State after December 31,
    1967, and prior to December 31, 1970, because of imminent danger of
    collapse due to structural deficiencies or physical deterioration.
      1968 - Subsec. (a). Pub. L. 90-495 permitted the use of the
    emergency fund for repair or construction caused by other than
    natural catastrophes.
      1966 - Subsec. (a). Pub. L. 89-574, Sec. 9(c), raised from
    $30,000,000 to $50,000,000 the upper limit on allowable annual
    appropriations to establish and replenish the fund, provided that,
    if, in any fiscal year the total of all expenditures under this
    section is less than $50,000,000, the unexpended balance of such
    amount shall remain available for expenditure during the next two
    succeeding fiscal years in addition to amount otherwise available,
    and provided that 60 per centum of the expenditures under this
    section are authorized to be appropriated from the Highway Trust
    Fund and the remaining 40 per centum of such expenditures are
    authorized to be appropriated only from any monies in the Treasury
    not otherwise appropriated.
      Subsec. (c). Pub. L. 89-574, Sec. 9(b), added parkways, public
    lands highways, public lands development roads, and trails to the
    list of types of roads the repair or reconstruction of which may be
    paid for out of the emergency fund.
      1959 - Pub. L. 86-342, among other changes, made expenditures
    from the emergency fund subject to the provisions of section 120 of
    this title, and permitted the Secretary to expend funds from the
    emergency fund, either independently or in cooperation with any
    other branch of the Government, State agency, organization, or
    person, for the repair or reconstruction of forest highways, forest
    development roads and trails, park roads and trails, and Indian
    reservation roads, whether or not such highways, roads, or trails
    are on any of the Federal-aid highway systems.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 applicable only to natural disasters
    and catastrophic failures occurring after Dec. 18, 1991, see
    section 1022(c) of Pub. L. 102-240, set out as a note under section
    120 of this title.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 118(a)(2) of Pub. L. 100-17 provided that: "The amendment
    made by paragraph (1) [amending this section] shall apply with
    respect to natural disasters and catastrophic failures occurring
    after December 31, 1985."
      Section 118(b)(3) of Pub. L. 100-17 provided that: "The
    amendments made by paragraphs (1) and (2) [amending this section]
    shall take effect on the date of the enactment of this Act [Apr. 2,
    1987]."

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 153(e) of Pub. L. 97-424 provided that: "The amendments
    made by subsection (d) of this section [amending this section]
    shall apply to natural disasters or catastrophic failures which the
    Secretary finds eligible for emergency relief subsequent to the
    date of enactment of this section [Jan. 6, 1983]."

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Section 27(c) of Pub. L. 90-495 provided that: "The amendments
    made by this section [amending this section and section 120 of this
    title] shall be applicable to repair or reconstruction with respect
    to which project agreements have been entered into on or after
    January 1, 1968."

                     EFFECTIVE DATE OF 1966 AMENDMENT                 
      Section 9(d) of Pub. L. 89-574 provided that: "The amendments
    made by this section [amending this section] shall take effect July
    1, 1966."

     EXPENDITURES MADE PRIOR TO FISCAL YEAR ENDING SEPTEMBER 30, 1978;
                   APPROPRIATION FROM HIGHWAY TRUST FUND
      Section 153(b) of Pub. L. 97-424 provided that: "Notwithstanding
    any other provision of law, all expenditures made under section 125
    of title 23, United States Code, prior to the fiscal year ending
    September 30, 1978, are authorized to have been appropriated from
    the Highway Trust Fund."

-End-



-CITE-
    23 USC Sec. 126                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

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

-STATUTE-
      (a) General Rule. - Notwithstanding any other provision of law
    but subject to subsections (b) and (c), if at least 50 percent of a
    State's apportionment under section 104 or 144 for a fiscal year or
    at least 50 percent of the funds set-aside under section 133(d)
    from the State's apportionment under section 104(b)(3) may not be
    transferred to any other apportionment of the State under section
    104 or 144 for such fiscal year, then the State may transfer not to
    exceed 50 percent of such apportionment or set aside to any other
    apportionment of such State under section 104 or 144 for such
    fiscal year.
      (b) Application to Certain Set-Asides. - No funds may be
    transferred under this section that are subject to the last
    sentence of section 133(d)(1) (!1) or to section 104(f) or to
    section 133(d)(3). The maximum amount that a State may transfer
    under this section of the State's set-aside under section 133(d)(1)
    (!1) or 133(d)(2) for a fiscal year may not exceed 25 percent of
    (1) the amount of such set-aside, less (2) the amount of the
    State's set-aside under such section for fiscal year 1997.

      (c) Application to Certain CMAQ Funds. - The maximum amount that
    a State may transfer under this section of the State's
    apportionment under section 104(b)(2) for a fiscal year may not
    exceed 50 percent of (1) the amount of such apportionment, less (2)
    the amount that the State's apportionment under section 104(b)(2)
    for such fiscal year would have been had the program been funded at
    $1,350,000,000. Any such funds apportioned under section 104(b)(2)
    and transferred under this section may only be obligated in
    geographic areas eligible for the obligation of funds apportioned
    under section 104(b)(2).

-SOURCE-
    (Added Pub. L. 105-178, title I, Sec. 1310(a), June 9, 1998, 112
    Stat. 234, Sec. 110; renumbered Sec. 126, Pub. L. 106-159, title I,
    Sec. 102(a)(1), Dec. 9, 1999, 113 Stat. 1752; amended Pub. L. 109-
    59, title I, Sec. 1401(a)(3)(B), Aug. 10, 2005, 119 Stat. 1225.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 133(d)(1), referred to in subsec. (b), was repealed by
    Pub. L. 109-59, title I, Sec. 1113(b)(1), Aug. 10, 2005, 119 Stat.
    1172.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 126, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 901;
    Pub. L. 93-87, title I, Sec. 152(3), Aug. 13, 1973, 87 Stat. 276,
    related to providing Federal aid for highway construction only to
    States that used at least amounts provided by law on June 18, 1934,
    for such purposes, prior to repeal by Pub. L. 105-178, title I,
    Sec. 1226(d), as added by Pub. L. 105-206, title IX, Sec. 9003(a),
    July 22, 1998, 112 Stat. 837.

                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59, which directed insertion of
    "under" after "State's apportionment", was executed by making the
    insertion after "State's apportionment" the second place it
    appeared, to reflect the probable intent of Congress.
      1999 - Pub. L. 106-159 renumbered section 110 of this title as
    this section.

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


-End-



-CITE-
    23 USC Sec. 127                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 127. Vehicle weight limitations - Interstate System

-STATUTE-
      (a) In General. - 
        (1) No funds shall be apportioned in any fiscal year under
      section 104(b)(1) of this title to any State which does not
      permit the use of The Dwight D. Eisenhower System of Interstate
      and Defense Highways within its boundaries by vehicles with a
      weight of twenty thousand pounds carried on any one axle,
      including enforcement tolerances, or with a tandem axle weight of
      thirty-four thousand pounds, including enforcement tolerances, or
      a gross weight of at least eighty thousand pounds for vehicle
      combinations of five axles or more.
        (2) However, the maximum gross weight to be allowed by any
      State for vehicles using The Dwight D. Eisenhower System of
      Interstate and Defense Highways shall be twenty thousand pounds
      carried on one axle, including enforcement tolerances, and a
      tandem axle weight of thirty-four thousand pounds, including
      enforcement tolerances and with an overall maximum gross weight,
      including enforcement tolerances, on a group of two or more
      consecutive axles produced by application of the following
      formula:

                                    LN                                
                        W=500 ( ---------- + 12N + 36 )                    
                                    N-1                                

    where W equals overall gross weight on any group of two or more
    consecutive axles to the nearest five hundred pounds, L equals
    distance in feet between the extreme of any group of two or more
    consecutive axles, and N equals number of axles in group under
    consideration, except that two consecutive sets of tandem axles may
    carry a gross load of thirty-four thousand pounds each providing
    the overall distance between the first and last axles of such
    consecutive sets of tandem axles (1) is thirty-six feet or more, or
    (2) in the case of a motor vehicle hauling any tank trailer, dump
    trailer, or ocean transport container before September 1, 1989, is
    30 feet or more: Provided, That such overall gross weight may not
    exceed eighty thousand pounds, including all enforcement
    tolerances, except for vehicles using Interstate Route 29 between
    Sioux City, Iowa, and the border between Iowa and South Dakota or
    vehicles using Interstate Route 129 between Sioux City, Iowa, and
    the border between Iowa and Nebraska, and except for those vehicles
    and loads which cannot be easily dismantled or divided and which
    have been issued special permits in accordance with applicable
    State laws, or the corresponding maximum weights permitted for
    vehicles using the public highways of such State under laws or
    regulations established by appropriate State authority in effect on
    July 1, 1956, except in the case of the overall gross weight of any
    group of two or more consecutive axles on any vehicle (other than a
    vehicle comprised of a motor vehicle hauling any tank trailer, dump
    trailer, or ocean transport container on or after September 1,
    1989), on the date of enactment of the Federal-Aid Highway
    Amendments of 1974, whichever is the greater.
        (3) Any amount which is withheld from apportionment to any
      State pursuant to the foregoing provisions shall lapse if not
      released and obligated within the availability period specified
      in section 118(b)(2) of this title.
        (4) This section shall not be construed to deny apportionment
      to any State allowing the operation within such State of any
      vehicles or combinations thereof, other than vehicles or
      combinations subject to subsection (d) of this section, which the
      State determines could be lawfully operated within such State on
      July 1, 1956, except in the case of the overall gross weight of
      any group of two or more consecutive axles, on the date of
      enactment of the Federal-Aid Highway Amendments of 1974.
        (5) With respect to the State of Hawaii, laws or regulations in
      effect on February 1, 1960, shall be applicable for the purposes
      of this section in lieu of those in effect on July 1, 1956.
        (6) With respect to the State of Colorado, vehicles designed to
      carry 2 or more precast concrete panels shall be considered a
      nondivisible load.
        (7) With respect to the State of Michigan, laws or regulations
      in effect on May 1, 1982, shall be applicable for the purposes of
      this subsection.
        (8) With respect to the State of Maryland, laws and regulations
      in effect on June 1, 1993, shall be applicable for the purposes
      of this subsection.
        (9) The State of Louisiana may allow, by special permit, the
      operation of vehicles with a gross vehicle weight of up to
      100,000 pounds for the hauling of sugarcane during the harvest
      season, not to exceed 100 days annually.
        (10) With respect to Interstate Routes 89, 93, and 95 in the
      State of New Hampshire, State laws (including regulations)
      concerning vehicle weight limitations that were in effect on
      January 1, 1987, and are applicable to State highways other than
      the Interstate System, shall be applicable in lieu of the
      requirements of this subsection.
        (11) With respect to that portion of the Maine Turnpike
      designated Interstate Route 95 and 495, and that portion of
      Interstate Route 95 from the southern terminus of the Maine
      Turnpike to the New Hampshire State line, laws (including
      regulations) of the State of Maine concerning vehicle weight
      limitations that were in effect on October 1, 1995, and are
      applicable to State highways other than the Interstate System,
      shall be applicable in lieu of the requirements of this
      subsection.
        (12) Heavy duty vehicles. - 
          (A) In general. - Subject to subparagraphs (B) and (C), in
        order to promote reduction of fuel use and emissions because of
        engine idling, the maximum gross vehicle weight limit and the
        axle weight limit for any heavy-duty vehicle equipped with an
        idle reduction technology shall be increased by a quantity
        necessary to compensate for the additional weight of the idle
        reduction system.
          (B) Maximum weight increase. - The weight increase under
        subparagraph (A) shall be not greater than 400 pounds.
          (C) Proof. - On request by a regulatory agency or law
        enforcement agency, the vehicle operator shall provide proof
        (through demonstration or certification) that - 
            (i) the idle reduction technology is fully functional at
          all times; and
            (ii) the 400-pound gross weight increase is not used for
          any purpose other than the use of idle reduction technology
          described in subparagraph (A).

      (b) Reasonable Access. - No State may enact or enforce any law
    denying reasonable access to motor vehicles subject to this title
    to and from the Interstate Highway System to terminals and
    facilities for food, fuel, repairs, and rest.
      (c) Ocean Transport Container Defined. - For purposes of this
    section, the term "ocean transport container" has the meaning given
    the term "freight container" by the International Standards
    Organization in Series 1, Freight Containers, 3rd Edition
    (reference number IS0668-1979(E)) as in effect on the date of the
    enactment of this subsection.
      (d) Longer Combination Vehicles. - 
        (1) Prohibition. - 
          (A) General continuation rule. - A longer combination vehicle
        may continue to operate only if the longer combination vehicle
        configuration type was authorized by State officials pursuant
        to State statute or regulation conforming to this section and
        in actual lawful operation on a regular or periodic basis
        (including seasonal operations) on or before June 1, 1991, or
        pursuant to section 335 of the Department of Transportation and
        Related Agencies Appropriations Act, 1991 (104 Stat. 2186).
          (B) Applicability of state laws and regulations. - All such
        operations shall continue to be subject to, at the minimum, all
        State statutes, regulations, limitations and conditions,
        including, but not limited to, routing-specific and
        configuration-specific designations and all other restrictions,
        in force on June 1, 1991; except that subject to such
        regulations as may be issued by the Secretary pursuant to
        paragraph (5) of this subsection, the State may make minor
        adjustments of a temporary and emergency nature to route
        designations and vehicle operating restrictions in effect on
        June 1, 1991, for specific safety purposes and road
        construction.
          (C) Wyoming. - In addition to those vehicles allowed under
        subparagraph (A), the State of Wyoming may allow the operation
        of additional vehicle configurations not in actual operation on
        June 1, 1991, but authorized by State law not later than
        November 3, 1992, if such vehicle configurations comply with
        the single axle, tandem axle, and bridge formula limits set
        forth in subsection (a) and do not exceed 117,000 pounds gross
        vehicle weight.
          (D) Ohio. - In addition to vehicles which the State of Ohio
        may continue to allow to be operated under subparagraph (A),
        such State may allow longer combination vehicles with 3 cargo
        carrying units of 28 1/2  feet each (not including the truck
        tractor) not in actual operation on June 1, 1991, to be
        operated within its boundaries on the 1-mile segment of Ohio
        State Route 7 which begins at and is south of exit 16 of the
        Ohio Turnpike.
          (E) Alaska. - In addition to vehicles which the State of
        Alaska may continue to allow to be operated under subparagraph
        (A), such State may allow the operation of longer combination
        vehicles which were not in actual operation on June 1, 1991,
        but which were in actual operation prior to July 5, 1991.
          (F) Iowa. - In addition to vehicles that the State of Iowa
        may continue to allow to be operated under subparagraph (A),
        the State may allow longer combination vehicles that were not
        in actual operation on June 1, 1991, to be operated on
        Interstate Route 29 between Sioux City, Iowa, and the border
        between Iowa and South Dakota or Interstate Route 129 between
        Sioux City, Iowa, and the border between Iowa and Nebraska.

        (2) Additional state restrictions. - 
          (A) In general. - Nothing in this subsection shall prevent
        any State from further restricting in any manner or prohibiting
        the operation of longer combination vehicles otherwise
        authorized under this subsection; except that such restrictions
        or prohibitions shall be consistent with the requirements of
        sections 31111-31114 of title 49.
          (B) Minor adjustments. - Any State further restricting or
        prohibiting the operations of longer combination vehicles or
        making minor adjustments of a temporary and emergency nature as
        may be allowed pursuant to regulations issued by the Secretary
        pursuant to paragraph (5) of this subsection, shall, within 30
        days, advise the Secretary of such action, and the Secretary
        shall publish a notice of such action in the Federal Register.

        (3) Publication of list. - 
          (A) Submission to secretary. - Within 60 days of the date of
        the enactment of this subsection, each State (i) shall submit
        to the Secretary for publication in the Federal Register a
        complete list of (I) all operations of longer combination
        vehicles being conducted as of June 1, 1991, pursuant to State
        statutes and regulations; (II) all limitations and conditions,
        including, but not limited to, routing-specific and
        configuration-specific designations and all other restrictions,
        governing the operation of longer combination vehicles
        otherwise prohibited under this subsection; and (III) such
        statutes, regulations, limitations, and conditions; and (ii)
        shall submit to the Secretary copies of such statutes,
        regulations, limitations, and conditions.
          (B) Interim list. - Not later than 90 days after the date of
        the enactment of this subsection, the Secretary shall publish
        an interim list in the Federal Register, consisting of all
        information submitted pursuant to subparagraph (A). The
        Secretary shall review for accuracy all information submitted
        by the States pursuant to subparagraph (A) and shall solicit
        and consider public comment on the accuracy of all such
        information.
          (C) Limitation. - No statute or regulation shall be included
        on the list submitted by a State or published by the Secretary
        merely on the grounds that it authorized, or could have
        authorized, by permit or otherwise, the operation of longer
        combination vehicles, not in actual operation on a regular or
        periodic basis on or before June 1, 1991.
          (D) Final list. - Except as modified pursuant to paragraph
        (1)(C) of this subsection, the list shall be published as final
        in the Federal Register not later than 180 days after the date
        of the enactment of this subsection. In publishing the final
        list, the Secretary shall make any revisions necessary to
        correct inaccuracies identified under subparagraph (B). After
        publication of the final list, longer combination vehicles may
        not operate on the Interstate System except as provided in the
        list.
          (E) Review and correction procedure. - The Secretary, on his
        or her own motion or upon a request by any person (including a
        State), shall review the list issued by the Secretary pursuant
        to subparagraph (D). If the Secretary determines there is cause
        to believe that a mistake was made in the accuracy of the final
        list, the Secretary shall commence a proceeding to determine
        whether the list published pursuant to subparagraph (D) should
        be corrected. If the Secretary determines that there is a
        mistake in the accuracy of the list the Secretary shall correct
        the publication under subparagraph (D) to reflect the
        determination of the Secretary.

        (4) Longer combination vehicle defined. - For purposes of this
      section, the term "longer combination vehicle" means any
      combination of a truck tractor and 2 or more trailers or
      semitrailers which operates on the Interstate System at a gross
      vehicle weight greater than 80,000 pounds.
        (5) Regulations regarding minor adjustments. - Not later than
      180 days after the date of the enactment of this subsection, the
      Secretary shall issue regulations establishing criteria for the
      States to follow in making minor adjustments under paragraph
      (1)(B).

      (e) Operation of Certain Specialized Hauling Vehicles on
    Interstate Route 68. - The single axle, tandem axle, and bridge
    formula limits set forth in subsection (a) shall not apply to the
    operation on Interstate Route 68 in Garrett and Allegany Counties,
    Maryland, of any specialized vehicle equipped with a steering axle
    and a tridem axle and used for hauling coal, logs, and pulpwood if
    such vehicle is of a type of vehicle as was operating in such
    counties on United States Route 40 or 48 for such purpose on August
    1, 1991.
      (f) Operation of Certain Specialized Hauling Vehicles on Certain
    Wisconsin Highways. - If the 104-mile portion of Wisconsin State
    Route 78 and United States Route 51 between Interstate Route 94
    near Portage, Wisconsin, and Wisconsin State Route 29 south of
    Wausau, Wisconsin, is designated as part of the Interstate System
    under section 103(c)(4)(A), the single axle weight, tandem axle
    weight, gross vehicle weight, and bridge formula limits set forth
    in subsection (a) shall not apply to the 104-mile portion with
    respect to the operation of any vehicle that could legally operate
    on the 104-mile portion before the date of the enactment of this
    subsection.
      (g) Operation of Certain Specialized Hauling Vehicles on Certain
    Pennsylvania Highways. - If the segment of United States Route 220
    between Bedford and Bald Eagle, Pennsylvania, is designated as part
    of the Interstate System, the single axle weight, tandem axle
    weight, gross vehicle weight, and bridge formula limits set forth
    in subsection (a) shall not apply to that segment with respect to
    the operation of any vehicle which could have legally operated on
    that segment before the date of the enactment of this subsection.
      (h) Waiver for a Route in State of Maine During Periods of
    National Emergency. - 
        (1) In general. - Notwithstanding any other provision of this
      section, the Secretary, in consultation with the Secretary of
      Defense, may waive or limit the application of any vehicle weight
      limit established under this section with respect to the portion
      of Interstate Route 95 in the State of Maine between Augusta and
      Bangor for the purpose of making bulk shipments of jet fuel to
      the Air National Guard Base at Bangor International Airport
      during a period of national emergency in order to respond to the
      effects of the national emergency.
        (2) Applicability. - Emergency limits established under
      paragraph (1) shall preempt any inconsistent State vehicle weight
      limits.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86-624, Sec.
    17(e), July 12, 1960, 74 Stat. 416; Pub. L. 93-643, Sec. 106, Jan.
    4, 1975, 88 Stat. 2283; Pub. L. 94-280, title I, Sec. 120, May 5,
    1976, 90 Stat. 438; Pub. L. 97-424, title I, Sec. 133, formerly
    Sec. 133(a), Jan. 6, 1983, 96 Stat. 2123, renumbered Sec. 133, Pub.
    L. 100-17, title I, Sec. 133(a)(3), Apr. 2, 1987, 101 Stat. 170;
    Pub. L. 100-17, title I, Sec. 119, Apr. 2, 1987, 101 Stat. 157;
    Pub. L. 100-202, Sec. 101(l) [title III, Sec. 347(c)], Dec. 22,
    1987, 101 Stat. 1329-358, 1329-388; Pub. L. 101-427, Oct. 15, 1990,
    104 Stat. 927; Pub. L. 102-240, title I, Sec. 1023(a), (b), (d),
    Dec. 18, 1991, 105 Stat. 1951, 1952, 1954; Pub. L. 103-331, title
    III, Sec. 332, Sept. 30, 1994, 108 Stat. 2493; Pub. L. 103-429,
    Sec. 3(3), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104-59, title
    III, Sec. 312(a)(1), (2), (b), Nov. 28, 1995, 109 Stat. 584; Pub.
    L. 104-88, title IV, Secs. 404, 405(a)(1), Dec. 29, 1995, 109 Stat.
    956; Pub. L. 105-178, title I, Secs. 1106(c)(2)(B), 1212(d)(1),
    June 9, 1998, 112 Stat. 136, 194; Pub. L. 107-107, div. A, title X,
    Sec. 1064, Dec. 28, 2001, 115 Stat. 1233; Pub. L. 108-447, div. J,
    title I, Sec. 121, Dec. 8, 2004, 118 Stat. 3347; Pub. L. 109-58,
    title VII, Sec. 756(c), Aug. 8, 2005, 119 Stat. 832; Pub. L. 109-
    59, title I, Sec. 1111(b)(3), Aug. 10, 2005, 119 Stat. 1171.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of Federal-Aid Highway Amendments of 1974,
    referred to in subsec. (a)(2), (4), means Jan. 4, 1975, the date on
    which Pub. L. 93-643 was approved.
      The date of the enactment of this subsection, referred to in
    subsec. (c), is the date of enactment of Pub. L. 100-17, which was
    approved Apr. 2, 1987.
      Section 335 of the Department of Transportation and Related
    Agencies Appropriations Act, 1991, referred to in subsec.
    (d)(1)(A), is section 335 of Pub. L. 101-516, which is not
    classified to the Code.
      The date of the enactment of this subsection, referred to in
    subsec. (d)(3)(A), (B), (D), (5), is the date of the enactment of
    Pub. L. 102-240, which was approved Dec. 18, 1991.
      The date of the enactment of this subsection, referred to in
    subsec. (f), is the date of enactment of Pub. L. 104-59, which was
    approved Nov. 28, 1995.
      The date of the enactment of this subsection, referred to in
    subsec. (g), is the date of enactment of Pub. L. 104-88, which was
    approved Dec. 29, 1995.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58 designated first to eleventh
    sentences as pars. (1) to (11), respectively, and added par. (12).
      Subsec. (a)(3). Pub. L. 109-59 substituted "118(b)(2)" for
    "118(b)(1)".
      2004 - Subsec. (a). Pub. L. 108-447 substituted "Interstate
    Routes 89, 93, and 95 in the State of New Hampshire" for
    "Interstate Route 95 in the State of New Hampshire" in the
    penultimate sentence.
      2001 - Subsec. (h). Pub. L. 107-107 added subsec. (h).
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1212(d)(1), inserted
    before penultimate sentence "With respect to the State of Colorado,
    vehicles designed to carry 2 or more precast concrete panels shall
    be considered a nondivisible load." and inserted at end "The State
    of Louisiana may allow, by special permit, the operation of
    vehicles with a gross vehicle weight of up to 100,000 pounds for
    the hauling of sugarcane during the harvest season, not to exceed
    100 days annually. With respect to Interstate Route 95 in the State
    of New Hampshire, State laws (including regulations) concerning
    vehicle weight limitations that were in effect on January 1, 1987,
    and are applicable to State highways other than the Interstate
    System, shall be applicable in lieu of the requirements of this
    subsection. With respect to that portion of the Maine Turnpike
    designated Interstate Route 95 and 495, and that portion of
    Interstate Route 95 from the southern terminus of the Maine
    Turnpike to the New Hampshire State line, laws (including
    regulations) of the State of Maine concerning vehicle weight
    limitations that were in effect on October 1, 1995, and are
    applicable to State highways other than the Interstate System,
    shall be applicable in lieu of the requirements of this
    subsection."
      Subsec. (f). Pub. L. 105-178, Sec. 1106(c)(2)(B), substituted
    "section 103(c)(4)(A)" for "section 139(a)".
      1995 - Subsec. (a). Pub. L. 104-59, Sec. 312(a)(1), in proviso of
    second sentence substituted "except for vehicles using Interstate
    Route 29 between Sioux City, Iowa, and the border between Iowa and
    South Dakota or vehicles using Interstate Route 129 between Sioux
    City, Iowa, and the border between Iowa and Nebraska, and except
    for those" for "except for those".
      Subsec. (d)(1)(F). Pub. L. 104-59, Sec. 312(a)(2), added subpar.
    (F).
      Subsec. (f). Pub. L. 104-59, Sec. 312(b), as amended by Pub. L.
    104-88, Sec. 405(a)(1), added subsec. (f).
      Subsec. (g). Pub. L. 104-88, Sec. 404, added subsec. (g).
      1994 - Subsec. (a). Pub. L. 103-331 inserted at end "With respect
    to the State of Maryland, laws and regulations in effect on June 1,
    1993, shall be applicable for the purposes of this subsection."
      Subsec. (d)(2)(A). Pub. L. 103-429 substituted "sections 31111-
    31114 of title 49" for "sections 411, 412, and 416 of the Surface
    Transportation Assistance Act of 1982 (49 U.S.C. App. 2311, 2312,
    and 2316)".
      1991 - Subsec. (a). Pub. L. 102-240, Sec. 1023(a), substituted
    "funds shall be apportioned in any fiscal year under section
    104(b)(1) of this title" for "funds authorized to be appropriated
    for any fiscal year under provisions of the Federal-Aid Highway Act
    of 1956 shall be apportioned" in first sentence and inserted ",
    other than vehicles or combinations subject to subsection (d) of
    this section," after "thereof" in fourth sentence.
      Subsecs. (d), (e). Pub. L. 102-240, Sec. 1023(b), (d), added
    subsecs. (d) and (e).
      1990 - Subsec. (a). Pub. L. 101-427 substituted "The Dwight D.
    Eisenhower System of Interstate and Defense Highways" for "the
    National System of Interstate and Defense Highways" in two places.
      1987 - Subsec. (a). Pub. L. 100-202 substituted "September 1,
    1989" for "September 1, 1988" in two places.
      Pub. L. 100-17, Sec. 119(d)(1), inserted heading.
      Pub. L. 100-17, Sec. 119(a)(1), (2), which directed that second
    sentence be amended by inserting "(1)" before "is 36 feet or more"
    and by inserting cl. (2) after such phrase, was executed by making
    the insertions before and after "is thirty-six feet or more" to
    reflect the probable intent of Congress.
      Pub. L. 100-17, Sec. 119(a)(3), (b), inserted "on any vehicle
    (other than a vehicle comprised of a motor vehicle hauling any tank
    trailer, dump trailer, or ocean transport container on or after
    September 1, 1988)" after last reference to "consecutive axles" in
    second sentence and substituted "lapse if not released and
    obligated within the availability period specified in section
    118(b)(1) of this title." for "lapse."
      Subsec. (b). Pub. L. 100-17, Sec. 119(d)(2), inserted heading.
      Subsec. (c). Pub. L. 100-17, Sec. 119(c), added subsec. (c).
      1983 - Pub. L. 97-424 struck out "and width" after "weight" in
    section catchline.
      Subsec. (a). Pub. L. 97-424 designated existing provisions as
    subsec. (a) and substituted provisions relating to authority to
    appropriate funds for any fiscal year under the Federal-Aid Highway
    Act of 1956 with respect to apportionment to any State not
    permitting the use of the National System of Interstate and Defense
    Highways within its boundaries by vehicles with specified weights,
    provisions setting forth formula of maximum gross weight to be
    allowed by any State for vehicles using such Highways, and
    provisions setting forth further limitations for apportionment, for
    provisions relating to authority to appropriate funds for any
    fiscal year under section 108(b) of the Federal-Aid Highway Act of
    1956 with respect to apportionment to any State not permitting the
    use of the Interstate System within its boundaries by vehicles with
    specified weights, provisions setting forth formula for
    determination of overall gross weight, provisions relating to
    maximum widths permitted for vehicles, and provisions setting forth
    further limitations for apportionment.
      Subsec. (b). Pub. L. 97-424 added subsec. (b).
      1976 - Pub. L. 94-280 authorized a State to permit any bus with a
    width of 102 inches or less to operate on any lane of twelve feet
    or more in width on the Interstate System.
      1975 - Pub. L. 93-643 substituted weight limitations of 20,000
    lbs. carried on any one axle, including all enforcement tolerances,
    for 18,000 lbs. carried on any one axle, of 34,000 lbs. for tandem
    axle weight, including all enforcement tolerances, for 32,000 lbs.
    for tandem axle weight, overall gross weight limitation of 80,000,
    including enforcement tolerances, for overall gross weight of
    73,280 lbs. prescribed a formula for determination of overall gross
    weight on a group of two or more consecutive axles, authorized a
    gross load of 34,000 lbs. each for two consecutive sets of tandem
    axles having an overall distance of 36 or more feet between such
    axles, excepted from the new weight limitations cases of overall
    gross weight of any group of two or more consecutive axles, on Jan.
    4, 1975, and inserted ", except in the case of the overall gross
    weight of any group of two or more consecutive axles, on the date
    of enactment of the Federal-Aid Highway Amendments of 1974" in
    third sentence.
      1960 - Pub. L. 86-624 made the laws or regulation in effect on
    Feb. 1, 1960, applicable, with respect to the State of Hawaii, for
    the purposes of this section, in lieu of those in effect on July 1,
    1956.

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by section 404 of Pub. L. 104-88 effective Jan. 1,
    1996, see section 2 of Pub. L. 104-88, set out as an Effective Date
    note under section 701 of Title 49, Transportation.
      Section 405(a) of Pub. L. 104-88 provided that the amendment made
    by that section is effective Nov. 28, 1995.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                       SPECIALIZED HAULING VEHICLES                   
      Pub. L. 105-178, title I, Sec. 1213(f), June 9, 1998, 112 Stat.
    201, provided that:
      "(1) Study. - The Secretary shall conduct a study to examine the
    impact of the truck weight standards on specialized hauling
    vehicles. The study shall include, at a minimum, an analysis of the
    economic, safety, and infrastructure impacts of the standards.
      "(2) Report. - Not later than 2 years after the date of enactment
    of this Act [June 9, 1998], the Secretary shall transmit to
    Congress a report on the results of the study with any
    recommendations the Secretary determines appropriate as a result of
    the study."

                        VEHICLE WEIGHT ENFORCEMENT                    
      Pub. L. 105-178, title I, Sec. 1213(h), June 9, 1998, 112 Stat.
    202, provided that:
      "(1) Study. - The Secretary shall conduct a study of State laws
    (including regulations) relating to penalties for violation of
    State commercial motor vehicle weight laws.
      "(2) Purpose. - The purpose of the study shall be to determine
    the effectiveness of State penalties as a deterrent to illegally
    overweight trucking operations. The study shall evaluate fine
    structures, innovative roadside enforcement techniques, and a
    State's ability to penalize shippers and carriers as well as
    drivers and shall examine the effectiveness of administrative and
    judicial procedures utilized to enforce vehicle weight laws.
      "(3) Report. - Not later than 2 years after the date of enactment
    of this Act [June 9, 1998], the Secretary shall transmit to
    Congress a report on the results of the study with any legislative
    recommendations of the Secretary."

                      COMMERCIAL MOTOR VEHICLE STUDY                  
      Pub. L. 105-178, title I, Sec. 1213(i), June 9, 1998, 112 Stat.
    202, provided that:
      "(1) In general. - The Secretary shall request the Transportation
    Research Board of the National Academy of Sciences to conduct a
    study regarding the regulation of weights, lengths, and widths of
    commercial motor vehicles operating on Federal-aid highways to
    which Federal regulations apply on the date of enactment of this
    Act [June 9, 1998]. In conducting the study, the Board shall review
    law, regulations, studies (including Transportation Research Board
    Special Report 225), and practices and develop recommendations
    regarding any revisions to law and regulations that the Board
    determines appropriate.
      "(2) Factors to consider and evaluate. - In developing
    recommendations under paragraph (1), the Board shall consider and
    evaluate the impact of the recommendations described in paragraph
    (1) on the economy, the environment, safety, and service to
    communities.
      "(3) Consultation. - In carrying out the study, the Board shall
    consult with the Department of Transportation, States, the motor
    carrier industry, freight shippers, highway safety groups, air
    quality and natural resource management groups, commercial motor
    vehicle driver representatives, and other appropriate entities.
      "(4) Report. - Not later than 2 years after the date of enactment
    of this Act [June 9, 1998], the Board shall transmit to Congress
    and the Secretary a report on the results of the study conducted
    under this subsection.
      "(5) Recommendations. - Not later than 180 days after the date of
    receipt of the report under paragraph (4), the Secretary may
    transmit to Congress a report containing comments or
    recommendations of the Secretary regarding the Board's report.
      "(6) Funding. - There is authorized to be appropriated out of the
    Highway Trust Fund (other than the Mass Transit Account) $250,000
    for each of fiscal years 1999 and 2000 to carry out this
    subsection.
      "(7) Applicability of title 23. - Funds made available to carry
    out this subsection shall be available for obligation in the same
    manner as if such funds were apportioned under chapter 1 of title
    23, United States Code; except that the Federal share of the cost
    of the study under this subsection shall be 100 percent and such
    funds shall remain available until expended."

              OVER-THE-ROAD BUSES AND PUBLIC TRANSIT VEHICLES          
      Pub. L. 102-240, title I, Sec. 1023(h), as added by Pub. L. 102-
    388, title III, Sec. 341, Oct. 6, 1992, 106 Stat. 1552; amended by
    Pub. L. 104-59, title III, Sec. 326, Nov. 28, 1995, 109 Stat. 592;
    Pub. L. 105-178, title I, Sec. 1212(c), June 9, 1998, 112 Stat.
    194; Pub. L. 108-7, div. I, title III, Sec. 347, Feb. 20, 2003, 117
    Stat. 419; Pub. L. 108-447, div. H, title V, Sec. 530, Dec. 8,
    2004, 118 Stat. 3271; Pub. L. 109-59, title I, Sec. 1309, Aug. 10,
    2005, 119 Stat. 1219; Pub. L. 109-115, div. A, title I, Sec. 115,
    Nov. 30, 2005, 119 Stat. 2408, provided that:
      "(1) Temporary exemption. - The second sentence of section 127 of
    title 23, United States Code, relating to axle weight limitations
    for vehicles using the Dwight D. Eisenhower System of Interstate
    and Defense Highways, shall not apply, for the period beginning on
    October 6, 1992, and ending on October 1, 2009, to - 
        "(A) any over-the-road bus (as defined in section 301 of the
      Americans with Disabilities Act of 1990 (42 U.S.C. 12181)); or
        "(B) any vehicle that is regularly and exclusively used as an
      intrastate public agency transit passenger bus.
      "(2) State action. - 
        "(A) Weight limitations. - For the period beginning on the date
      of enactment of this subparagraph [Nov. 30, 2005] and ending on
      September 30, 2009, a covered State, including any political
      subdivision of such State, may not enforce a single axle weight
      limitation of less than 24,000 pounds, including enforcement
      tolerances, on any vehicle referred to in paragraph (1) in any
      case in which the vehicle is using the Interstate System.
        "(B) Covered state defined. - In this paragraph, the term
      'covered State' means a State that has enforced, in the period
      beginning on October 6, 1992, and ending on the date of enactment
      of this subparagraph [Nov. 30, 2005], a single axle weight
      limitation of 20,000 pounds or greater but less than 24,000
      pounds, including enforcement tolerances, on any vehicle referred
      to in paragraph (1) in any case in which the vehicle is using the
      Interstate System."

               TEMPORARY EXEMPTION FOR FIREFIGHTING VEHICLES           
      Section 1023(e) of Pub. L. 102-240 provided that:
      "(1) Temporary exemption. - The second sentence of section 127 of
    title 23, United States Code, relating to axle weight limitations
    and the bridge formula for vehicles using the National System of
    Interstate and Defense Highways, shall not apply, in the 2-year
    period beginning on the date of the enactment of this Act [Dec. 18,
    1991], to any existing vehicle which is used for the purpose of
    protecting persons and property from fires and other disasters that
    threaten public safety and which is in actual operation before such
    date of enactment and to any new vehicle to be used for such
    purpose while such vehicle is being delivered to a firefighting
    agency. The Secretary may extend such 2-year period for an
    additional year.
      "(2) Study. - The Secretary shall conduct a study - 
        "(A) of State laws regulating the use on the National System of
      Interstate and Defense Highways [now Dwight D. Eisenhower System
      of Interstate and Defense Highways] of vehicles which are used
      for the purpose of protecting persons and property from fires and
      other disasters that threaten public safety and which are being
      delivered to or operated by a firefighting agency; and
        "(B) of the issuance of permits by States which exempt such
      vehicles from the requirements of the second sentence of section
      127 of title 23, United States Code.
      "(3) Purposes. - The purposes of the study under this subsection
    are to determine whether or not such State laws and such section
    127 need to be modified with regard to such vehicles and whether or
    not a permanent exemption should be made for such vehicles from the
    requirements of such laws and section 127 or whether or not the
    bridge formula set forth in such section should be modified as it
    applies to such vehicles.
      "(4) Report. - Not later than 18 months after the date of the
    enactment of this Act [Dec. 18, 1991], the Secretary shall submit
    to the Congress a report on the results of the study conducted
    under paragraph (2), together with recommendations."

       STUDY PERTAINING TO TRANSPORTERS OF WATER WELL DRILLING RIGS   
      Section 1023(g) of Pub. L. 102-240 directed Secretary to conduct
    a study of State and Federal regulations pertaining to transporters
    of water well drilling rigs on public highways for the purpose of
    identifying requirements which place a burden on such transporters
    without enhancing safety or preservation of public highways, and,
    not later than 2 years after Dec. 18, 1991, report to Congress on
    the results of the study, together with any legislative and
    administrative recommendations.

       MOTOR VEHICLE STUDY BY TRANSPORTATION RESEARCH BOARD; REPORT   
      Section 158 of Pub. L. 100-17 directed Secretary, within 6 months
    after Apr. 2, 1987, to enter into appropriate arrangements with the
    Transportation Research Board of the National Academy of Sciences
    to conduct a study of the following motor vehicle issues, including
    an analysis of the impacts of the various positions that have been
    put forth with respect to each issue and best estimates of effects
    on pavement, bridges, highway revenue and cost responsibility, and
    highway safety, and changes in transportation costs and other
    measures of productivity for various segments of the trucking
    industry resulting from adoption of each of the positions: (1)
    elimination of existing, grandfather provisions of 23 U.S.C. 127
    which allow higher axle loads and gross vehicle weights than the
    20,000-pound single axle load limit, 34,000-pound tandem axle load
    limit, and 80,000-pound gross vehicle weight limit maximums
    authorized by Pub. L. 93-643, (2) analysis of alternative methods
    of determining gross vehicle weight limit and axle loadings for all
    types of motor carrier vehicles, (3) analysis of the bridge formula
    contained in 23 U.S.C. 127 in view of current vehicle
    configurations, pavement and bridge stresses in accord with 1986
    design and construction practices, and existing bridges on and off
    the Interstate System, (4) establishment of nationwide policy
    regarding the provisions of 'reasonable access' to the National
    Network for combination vehicles established pursuant to Pub. L. 97-
    424, and (5) recommendation of appropriate treatment for
    specialized hauling vehicles which do not comply with the existing
    Federal bridge formula and submit a final report to Secretary and
    Congress, not later than 30 months after appropriate arrangements
    were entered into.

                  STATE-IMPOSED VEHICLE WIDTH LIMITATIONS              
      Pub. L. 97-369, title III, Sec. 321, Dec. 18, 1982, 96 Stat.
    1784, related to State-imposed vehicle width limitations, prior to
    repeal by Pub. L. 98-17, Sec. 2, Apr. 5, 1983, 97 Stat. 60. See
    section 31113 of Title 49, Transportation.

                  STEERING AXLE STUDY; REPORT TO CONGRESS              
      Section 210 of Pub. L. 94-280 directed Secretary of
    Transportation to conduct an investigation into relationship
    between gross load on front steering axles of truck tractors and
    safety of operation of vehicle combinations of which such truck
    tractors are a part, such investigation to be conducted in
    cooperation with representatives of (A) manufacturers of truck
    tractors and related equipment, (B) labor, and (C) users of such
    equipment, and the results of such study to be reported to Congress
    not later than July 1, 1977.

-End-



-CITE-
    23 USC Sec. 128                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 128. Public hearings

-STATUTE-
      (a) Any State transportation department which submits plans for a
    Federal-aid highway project involving the by passing of or, going
    through any city, town, or village, either incorporated or
    unincorporated, shall certify to the Secretary that it has had
    public hearings, or has afforded the opportunity for such hearings,
    and has considered the economic and social effects of such a
    location, its impact on the environment, and its consistency with
    the goals and objectives of such urban planning as has been
    promulgated by the community. Any State transportation department
    which submits plans for an Interstate System project shall certify
    to the Secretary that it has had public hearings at a convenient
    location, or has afforded the opportunity for such hearings for the
    purpose of enabling persons in rural areas through or contiguous to
    whose property the highway will pass to express any objections they
    may have to the proposed locations of such highway. Such
    certification shall be accompanied by a report which indicates the
    consideration given to the economic, social, environmental and
    other effects of the plan or highway location or design and various
    alternatives which were raised during the hearing or which were
    otherwise considered.
      (b) When hearings have been held under subsection (a), the State
    transportation department shall submit a copy of the transcript of
    said hearings to the Secretary, together with the certification and
    report.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 90-495, Sec.
    24, Aug. 23, 1968, 82 Stat. 828; Pub. L. 91-605, title I, Sec. 135,
    Dec. 31, 1970, 84 Stat. 1734; Pub. L. 105-178, title I, Sec.
    1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.)


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-178 substituted "State transportation
    department" for "State highway department" wherever appearing.
      1970 - Subsec. (a). Pub. L. 91-605, Sec. 135(a), provided for
    submission of a report by the State highway department involved
    indicating consideration given to economic, social, environmental,
    and other effects of the plan or highway location or design plus
    the various alternatives which were considered.
      Subsec. (b). Pub. L. 91-605, Sec. 135(b), inserted reference to
    report to be submitted by the State highway department together
    with the certification of public hearings.
      1968 - Subsec. (a). Pub. L. 90-495 inserted social effect of
    projects, the impact on environment, and their consistency with the
    goals and objectives of such urban planning as has been promulgated
    by the community to the list of factors to be considered by State
    highway departments in looking over projects involving the
    bypassing or passing through of municipalities.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of this
    title.

-End-



-CITE-
    23 USC Sec. 129                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

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

-STATUTE-
      (a) Basic Program. - 
        (1) Authorization for federal participation. - Notwithstanding
      section 301 of this title and subject to the provisions of this
      section, the Secretary shall permit Federal participation in - 
          (A) initial construction of a toll highway, bridge, or tunnel
        (other than a highway, bridge, or tunnel on the Interstate
        System) or approach thereto;
          (B) reconstructing, resurfacing, restoring, and
        rehabilitating a toll highway, bridge, or tunnel (including a
        toll highway, bridge, or tunnel subject to an agreement entered
        into under this section or section 119(e) as in effect on the
        day before the date of the enactment of the Intermodal Surface
        Transportation Efficiency Act of 1991) or approach thereto;
          (C) reconstruction or replacement of a toll-free bridge or
        tunnel and conversion of the bridge or tunnel to a toll
        facility;
          (D) reconstruction of a toll-free Federal-aid highway (other
        than a highway on the Interstate System) and conversion of the
        highway to a toll facility; and
          (E) preliminary studies to determine the feasibility of a
        toll facility for which Federal participation is authorized
        under subparagraph (A), (B), (C), or (D);

      on the same basis and in the same manner as in the construction
      of free highways under this chapter.
        (2) Ownership. - Each highway, bridge, tunnel, or approach
      thereto constructed under this subsection must - 
          (A) be publicly owned, or
          (B) be privately owned if the public authority having
        jurisdiction over the highway, bridge, tunnel, or approach has
        entered into a contract with a private person or persons to
        design, finance, construct, and operate the facility and the
        public authority will be responsible for complying with all
        applicable requirements of this title with respect to the
        facility.

        (3) Limitations on use of revenues. - Before the Secretary may
      permit Federal participation under this subsection in
      construction of a highway, bridge, or tunnel located in a State,
      the public authority (including the State transportation
      department) having jurisdiction over the highway, bridge, or
      tunnel must enter into an agreement with the Secretary which
      provides that all toll revenues received from operation of the
      toll facility will be used first for debt service, for reasonable
      return on investment of any private person financing the project,
      and for the costs necessary for the proper operation and
      maintenance of the toll facility, including reconstruction,
      resurfacing, restoration, and rehabilitation. If the State
      certifies annually that the tolled facility is being adequately
      maintained, the State may use any toll revenues in excess of
      amounts required under the preceding sentence for any purpose for
      which Federal funds may be obligated by a State under this title.
        (4) Special rule for funding. - In the case of a toll highway,
      bridge, or tunnel under the jurisdiction of a public authority of
      a State (other than the State transportation department), upon
      request of the State transportation department and subject to
      such terms and conditions as such department and public authority
      may agree, the Secretary shall reimburse such public authority
      for the Federal share of the costs of construction of the project
      carried out on the toll facility under this subsection in the
      same manner and to the same extent as such department would be
      reimbursed if such project was being carried out by such
      department. The reimbursement of funds under this paragraph shall
      be from sums apportioned to the State under this chapter and
      available for obligations on projects on the Federal-aid system
      in such State on which the project is being carried out.
        (5) Limitation on federal share. - The Federal share payable
      for a project described in paragraph (1) shall be a percentage
      determined by the State but not to exceed 80 percent.
        (6) Modifications. - If a public authority (including a State
      transportation department) having jurisdiction over a toll
      highway, bridge, or tunnel subject to an agreement under this
      section or section 119(e), as in effect on the day before the
      effective date of title I of the Intermodal Surface
      Transportation Efficiency Act of 1991, requests modification of
      such agreement, the Secretary shall modify such agreement to
      allow the continuation of tolls in accordance with paragraph (3)
      without repayment of Federal funds.
        (7) Loans. - 
          (A) In general. - A State may loan to a public or private
        entity constructing or proposing to construct under this
        section a toll facility or non-toll facility with a dedicated
        revenue source an amount equal to all or part of the Federal
        share of the cost of the project if the project has a revenue
        source specifically dedicated to it. Dedicated revenue sources
        for non-toll facilities include excise taxes, sales taxes,
        motor vehicle use fees, tax on real property, tax increment
        financing, and such other dedicated revenue sources as the
        Secretary determines appropriate.
          (B) Compliance with federal laws. - As a condition of
        receiving a loan under this paragraph, the public or private
        entity that receives the loan shall ensure that the project
        will be carried out in accordance with this title and any other
        applicable Federal law, including any applicable provision of a
        Federal environmental law.
          (C) Subordination of debt. - The amount of any loan received
        for a project under this paragraph may be subordinated to any
        other debt financing for the project.
          (D) Obligation of funds loaned. - Funds loaned under this
        paragraph may only be obligated for projects under this
        paragraph.
          (E) Repayment. - The repayment of a loan made under this
        paragraph shall commence not later than 5 years after date on
        which the facility that is the subject of the loan is open to
        traffic.
          (F) Term of loan. - The term of a loan made under this
        paragraph shall not exceed 30 years from the date on which the
        loan funds are obligated.
          (G) Interest. - A loan made under this paragraph shall bear
        interest at or below market interest rates, as determined by
        the State, to make the project that is the subject of the loan
        feasible.
          (H) Reuse of funds. - Amounts repaid to a State from a loan
        made under this paragraph may be obligated - 
            (i) for any purpose for which the loan funds were available
          under this title; and
            (ii) for the purchase of insurance or for use as a capital
          reserve for other forms of credit enhancement for project
          debt in order to improve credit market access or to lower
          interest rates for projects eligible for assistance under
          this title.

          (I) Guidelines. - The Secretary shall establish procedures
        and guidelines for making loans under this paragraph.

        (8) Initial construction defined. - For purposes of this
      subsection, the term "initial construction" means the
      construction of a highway, bridge, or tunnel at any time before
      it is open to traffic and does not include any improvement to a
      highway, bridge, or tunnel after it is open to traffic.

      (b) Notwithstanding the provisions of section 301 of this title,
    the Secretary may permit Federal participation under this title in
    the construction of a project constituting an approach to a ferry,
    whether toll or free, the route of which is a public road and has
    not been designated as a route on the Interstate System. Such ferry
    may be either publicly or privately owned and operated, but the
    operating authority and the amount of fares charged for passage
    shall be under the control of a State agency or official, and all
    revenues derived from publicly owned or operated ferries shall be
    applied to payment of the cost of construction or acquisition
    thereof, including debt service, and to actual and necessary costs
    of operation, maintenance, repair, and replacement.
      (c) Notwithstanding section 301 of this title, the Secretary may
    permit Federal participation under this title in the construction
    of ferry boats and ferry terminal facilities, whether toll or free,
    subject to the following conditions:
        (1) It is not feasible to build a bridge, tunnel, combination
      thereof, or other normal highway structure in lieu of the use of
      such ferry.
        (2) The operation of the ferry shall be on a route classified
      as a public road within the State and which has not been
      designated as a route on the Interstate System. Projects under
      this subsection may be eligible for both ferry boats carrying
      cars and passengers and ferry boats carrying passengers only.
        (3) Such ferry boat or ferry terminal facility shall be
      publicly owned or operated or majority publicly owned if the
      Secretary determines with respect to a majority publicly owned
      ferry or ferry terminal facility that such ferry boat or ferry
      terminal facility provides substantial public benefits.
        (4) The operating authority and the amount of fares charged for
      passage on such ferry shall be under the control of the State or
      other public entity, and all revenues derived therefrom shall be
      applied to actual and necessary costs of operation, maintenance,
      and (!1) repair, debt service, negotiated management fees, and,
      in the case of a privately operated toll ferry, for a reasonable
      rate of return.

        (5) Such ferry may be operated only within the State (including
      the islands which comprise the State of Hawaii and the islands
      which comprise any territory of the United States) or between
      adjoining States or between a point in a State and a point in the
      Dominion of Canada. Except with respect to operations between the
      islands which comprise the State of Hawaii, operations between
      the islands which comprise any territory of the United States,
      operations between a point in a State and a point in the Dominion
      of Canada, and operations between any two points in Alaska and
      between Alaska and Washington, including stops at appropriate
      points in the Dominion of Canada, no part of such ferry operation
      shall be in any foreign or international waters.
        (6) No such ferry shall be sold, leased, or otherwise disposed
      of without the approval of the Secretary. The Federal share of
      any proceeds from such a disposition shall be credited to the
      unprogramed balance of Federal-aid highway funds of the same
      class last apportioned to such State. Any amount so credited
      shall be in addition to all other funds then apportioned to such
      State and available for expenditure in accordance with the
      provisions of this title.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 86-657, Secs.
    5, 8(a), July 14, 1960, 74 Stat. 523, 524; Pub. L. 90-495, Sec. 28,
    Aug. 23, 1968, 82 Stat. 829; Pub. L. 91-605, title I, Secs. 133,
    139, Dec. 31, 1970, 84 Stat. 1732, 1736; Pub. L. 92-434, Sec. 7,
    Sept. 26, 1972, 86 Stat. 732; Pub. L. 93-87, title I, Secs. 118,
    132, 139, Aug. 13, 1973, 87 Stat. 259, 267, 270; Pub. L. 93-643,
    Sec. 108, Jan. 4, 1975, 88 Stat. 2284; Pub. L. 94-280, title I,
    Sec. 121, May 5, 1976, 90 Stat. 438; Pub. L. 95-599, title I, Sec.
    120, Nov. 6, 1978, 92 Stat. 2700; Pub. L. 100-17, title I, Sec.
    120(a), (b), Apr. 2, 1987, 101 Stat. 157, 158; Pub. L. 100-202,
    Sec. 101(l) [title III, Sec. 347(d)], Dec. 22, 1987, 101 Stat. 1329-
    358, 1329-388; Pub. L. 100-457, title III, Secs. 326, 335, Sept.
    30, 1988, 102 Stat. 2150, 2153; Pub. L. 102-240, title I, Sec.
    1012(a), (c), Dec. 18, 1991, 105 Stat. 1936, 1938; Pub. L. 102-388,
    title IV, Sec. 410, Oct. 6, 1992, 106 Stat. 1565; Pub. L. 104-59,
    title III, Sec. 313(a)-(c), Nov. 28, 1995, 109 Stat. 585, 586; Pub.
    L. 105-178, title I, Secs. 1106(c)(1)(C), 1207(a), 1211(f),
    formerly 1211(g), June 9, 1998, 112 Stat. 136, 185, 189; Pub. L.
    105-206, title IX, Sec. 9003(d)(5), July 22, 1998, 112 Stat. 840;
    Pub. L. 109-59, title I, Sec. 1801(f), Aug. 10, 2005, 119 Stat.
    1456.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of the Intermodal Surface
    Transportation Efficiency Act of 1991, referred to in subsec.
    (a)(1)(B), is the date of enactment of Pub. L. 102-240, which was
    approved Dec. 18, 1991.
      For the effective date of title I of the Intermodal Surface
    Transportation Efficiency Act of 1991, referred to in subsec.
    (a)(6), see section 1100 of Pub. L. 102-240, set out as an
    Effective Date of 1991 Amendment note under section 104 of this
    title.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c)(5). Pub. L. 109-59 substituted "any territory
    of the United States" for "the Commonwealth of Puerto Rico" in two
    places.
      1998 - Subsec. (b). Pub. L. 105-178, Sec. 1106(c)(1)(C),
    substituted "which is a public road and has not" for "which has
    been classified as a public road and has not" in first sentence.
      Subsec. (c)(3). Pub. L. 105-178, Sec. 1207(a), substituted "owned
    or operated or majority publicly owned if the Secretary determines
    with respect to a majority publicly owned ferry or ferry terminal
    facility that such ferry boat or ferry terminal facility provides
    substantial public benefits." for "owned."
      Subsec. (d). Pub. L. 105-178, Sec. 1211(f), formerly Sec.
    1211(g), as renumbered by Pub. L. 105-206, Sec. 9003(d)(5), struck
    out subsec. (d) which related to pilot toll collection program.
      1995 - Subsec. (a)(5). Pub. L. 104-59, Sec. 313(a), amended par.
    (5) generally. Prior to amendment, par. (5) read as follows:
      "(5) Limitation on federal share. - Except as otherwise provided
    in this paragraph, the Federal share payable for construction of a
    highway, bridge, tunnel, or approach thereto or conversion of a
    highway, bridge, or tunnel to a toll facility under this subsection
    shall be such percentage as the State determines but not to exceed
    50 percent. The Federal share payable for construction of a new
    bridge, tunnel, or approach thereto or for reconstruction or
    replacement of a bridge, tunnel, or approach thereto shall be such
    percentage as the Secretary determines but not to exceed 80
    percent. In the case of a toll facility subject to an agreement
    under section 119 or 129, the Federal share payable on any project
    for resurfacing, restoring, rehabilitating, or reconstructing such
    facility shall be 80 percent until the scheduled expiration of such
    agreement (as in effect on the day before the date of the enactment
    of the Intermodal Surface Transportation Efficiency Act of 1991)."
      Subsec. (a)(7). Pub. L. 104-59, Sec. 313(b), amended par. (7)
    generally. Prior to amendment, par. (7) read as follows:
      "(7) Loans. - A State may loan all or part of the Federal share
    of a toll project under this section to a public or private agency
    constructing a toll facility. Such loan may be made only after all
    Federal environmental requirements have been complied with and
    permits obtained. The amount loaned shall be subordinated to other
    debt financing for the facility except for loans made by the State
    or any other public agency to the agency constructing the facility.
    Funds loaned pursuant to this section may be obligated for projects
    eligible under this section. The repayment of any such loan shall
    commence not more than 5 years after the facility has opened to
    traffic. Any such loan shall bear interest at the average rate the
    State's pooled investment fund earned in the 52 weeks preceding the
    start of repayment. The term of any such loan shall not exceed 30
    years from the time the loan was obligated. Amounts repaid to a
    State from any loan made under this section may be obligated for
    any purpose for which the loaned funds were available. The
    Secretary shall establish procedures and guidelines for making such
    loans."
      Subsec. (c)(5). Pub. L. 104-59, Sec. 313(c), inserted before
    period at end of first sentence "or between a point in a State and
    a point in the Dominion of Canada" and in second sentence
    substituted "Hawaii," for "Hawaii and" and inserted ", operations
    between a point in a State and a point in the Dominion of Canada,"
    after "Puerto Rico".
      1992 - Subsec. (b). Pub. L. 102-388, Sec. 410(1), which directed
    the substitution of "classified as a public road" for "approved
    under section 103(b) or (b) of this title as a part of one of the
    Federal-aid systems", was executed by making the substitution for
    "approved under section 103(b) or (c) of this title as a part of
    one of the Federal-aid systems" to reflect the probable intent of
    Congress.
      Subsec. (c)(2). Pub. L. 102-388, Sec. 410(2), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "The
    operation of the ferry shall be on a route which has been approved
    under section 103(b) or (c) of this title as a part of one of the
    Federal-aid systems within the State and has not been designated as
    a route on the Interstate System."
      1991 - Subsec. (a). Pub. L. 102-240, Sec. 1012(a), amended
    subsec. (a) generally, substituting present provisions for
    provisions authorizing Federal participation in construction or
    acquisition of toll bridges, tunnels and approaches, provided that
    facility was publicly owned and operated by State or public
    authority, and State or authority agreed that all tolls, less those
    used to offset cost of operation and maintenance, were to be
    applied to repayment of State or authority for cost of construction
    or acquisition, that no tolls were to be charged after such
    repayment, and that facility was to be free of charge thereafter,
    except in case of bridge connecting United States with foreign
    country.
      Subsec. (b). Pub. L. 102-240, Sec. 1012(c)(1), (2), redesignated
    subsec. (f) as (b) and struck out former subsec. (b) which
    authorized Secretary to approve toll roads, bridges and tunnels as
    part of Interstate System, authorized expenditure of Federal-aid
    highway funds on toll roads after they became toll-free, and
    required agreements between Secretary and State highway departments
    on construction of Interstate projects to forbid construction of
    toll roads, but not toll bridges and tunnels, on interstate highway
    route without official concurrence of Secretary, after June 30,
    1968.
      Subsec. (c). Pub. L. 102-240, Sec. 1012(c), redesignated subsec.
    (g) as (c), inserted "and ferry terminal facilities" after "boats"
    in introductory provisions, added par. (3) and struck out former
    par. (3) which read as follows: "Such ferry shall be publicly owned
    and operated.", in par. (4), inserted "or other public entity"
    after "State" and ", debt service, negotiated management fees, and,
    in the case of a privately operated toll ferry, for a reasonable
    rate of return" before period at end, and struck out former subsec.
    (c) which made available funds authorized for expenditure on
    Federal-aid highway systems for projects approaching toll roads,
    bridges or tunnels up to point where project had use irrespective
    of use for toll road, bridge or tunnel.
      Subsec. (d). Pub. L. 102-240, Sec. 1012(c)(1), (2), redesignated
    subsec. (j) as (d) and struck out former subsec. (d) which made
    available funds authorized for expenditure on Interstate System for
    Interstate System projects approaching toll road and having no
    other use, if agreement was reached that section of toll road would
    become free to public upon collection of tolls sufficient to
    liquidate cost of road and outstanding bonds and cost of
    maintenance, operation and debt service during period of toll
    collection, and that there was a reasonably satisfactory
    alternative free route available to bypass toll section.
      Subsec. (e). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.
    (e) which authorized Secretary to permit Federal participation in
    reconstruction and improvement of two-lane toll road designated as
    part of the Interstate System before June 30, 1973, as necessary to
    bring such road to standards of Interstate System, provided that
    toll road authority agreed that no new indebtedness to be
    liquidated by tolls was to be incurred, that all tolls be used for
    operation and maintenance and to repay outstanding bonds, and that,
    upon liquidation of such bonds, the road was to become free to
    public.
      Subsecs. (f), (g). Pub. L. 102-240, Sec. 1012(c)(2), redesignated
    subsecs. (f) and (g) as (b) and (c), respectively.
      Subsec. (h). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.
    (h) which provided that, in case of interstate toll bridge on
    Federal-aid primary system, except Interstate System, owned by
    State or political subdivision, that became toll-free by Jan. 1,
    1975, because of purchase or construction by State before Jan. 1,
    1975, funds would be made available under section 104(b)(1) and (3)
    of this title to pay Federal share of lesser of value of bridge
    (after deducting portion of value already attributable to Federal
    funds) or amount by which principal amount of outstanding unpaid
    bonds issued for construction or acquisition of bridge exceeded
    amount accumulated for their amortization, on date bridge became
    free to public.
      Subsec. (i). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.
    (i) which authorized Secretary to permit Federal participation,
    through funds for Federal-aid highway system, other than Interstate
    System, in engineering and fiscal assessments, traffic analyses,
    network studies, etc., to determine whether privately owned toll
    bridges should be acquired by a State or subdivision.
      Subsec. (j). Pub. L. 102-240, Sec. 1012(c)(2), redesignated
    subsec. (j) as (d).
      Subsec. (k). Pub. L. 102-240, Sec. 1012(c)(1), struck out subsec.
    (k) which required operators of toll roads, tunnels, ferries and
    bridges on Federal-aid highway system to biennially certify to
    Governor of State that facilities were adequately maintained and
    that operator had ability to fund such facilities that were not
    adequately maintained without using Federal-aid highway funds, and
    which required Governor of each State to report biennially to
    Secretary on facilities required to so certify.
      1988 - Subsec. (j)(1), (3). Pub. L. 100-457, Sec. 335, amended
    Pub. L. 100-202, Sec. 101(l) [title III, Sec. 347(d)(1), (2)(A),
    (C)], see 1987 Amendment note below.
      Subsec. (j)(6). Pub. L. 100-457, Sec. 326(1), inserted "(and, in
    the case of the State of Texas, the Texas Turnpike Authority)"
    after "State highway department".
      Subsec. (j)(10). Pub. L. 100-457, Sec. 326(2), added par. (10).
      1987 - Subsec. (j). Pub. L. 100-17, Sec. 120(a), added subsec.
    (j).
      Subsec. (j)(1). Pub. L. 100-202, Sec. 101(l) [title III, Sec.
    347(d)(1)], as amended by Pub. L. 100-457, Sec. 335, which directed
    the amendment of par. (1) by substituting "(9)" for "(9)" was
    executed by substituting "9" for "7" as the probable intent of
    Congress.
      Subsec. (j)(3). Pub. L. 100-202, Sec. 101(l) [title III, Sec.
    347(d)(2)(A)], as amended by Pub. L. 100-457, Sec. 335, which
    directed the amendment of par. (3) by substituting "(9)" for "(7)"
    was executed by substituting "9" for "7" as the probable intent of
    Congress.
      Pub. L. 100-202, Sec. 101(l) [title III, Sec. 347(d)(2)(B)-(D)],
    as amended by Pub. L. 100-457, Sec. 335, substituted "States of
    Pennsylvania and West Virginia" for "State of Pennsylvania" in two
    places and inserted "States of Georgia and West Virginia," and "The
    toll facility in Orange County, California, may be located in more
    than 1 highway corridor to relieve congestion on existing
    interstate routes in such County."
      Subsec. (k). Pub. L. 100-17, Sec. 120(b), added subsec. (k).
      1978 - Subsec. (i). Pub. L. 95-599 added subsec. (i).
      1976 - Subsec. (g)(5). Pub. L. 94-280 authorized ferry operations
    within the islands which comprise the Commonwealth of Puerto Rico
    and excepted ferry operations between the islands which comprise
    the Commonwealth of Puerto Rico from the prohibition of ferry
    operations in foreign or international waters.
      1975 - Subsec. (g)(5). Pub. L. 93-643 substituted "operations
    between the islands which comprise the State of Hawaii and
    operations between any two points in Alaska and between Alaska and
    Washington, including stops at appropriate points in the Dominion
    of Canada" for "operations between the islands which comprise the
    State of Hawaii and operations between the States of Alaska and
    Washington, or between any two points within the State of Alaska".
      1973 - Subsec. (b). Pub. L. 93-87, Sec. 118(a), inserted third
    sentence providing that when any toll road which the Secretary has
    approved as a part of the Interstate System is made a toll-free
    facility, Federal-aid highway funds apportioned under section
    104(b)(5) of this title may be expended for the construction,
    reconstruction, or improvement of that road to meet the standards
    adopted for the improvement of projects located on the Interstate
    System.
      Subsec. (e). Pub. L. 93-87, Sec. 118(b), struck from first
    sentence "on the date of enactment of this subsection" before "as
    he may find necessary" and substituted in third sentence "1973" for
    "1968".
      Subsecs. (f), (g). Pub. L. 93-87, Sec. 139, redesignated the
    second subsec. (f) as (g) and in par. (5) substituted "may be
    operated" for "shall be operated", inserted "(including the islands
    which comprise the State of Hawaii)" after "within the State", and
    excepted operations between the islands which comprise the State of
    Hawaii and operations between the States of Alaska and Washington,
    or between any two points within the State of Alaska from the
    prohibition against ferry operations in foreign or international
    waters.
      Subsec. (h). Pub. L. 93-87, Sec. 132, added subsec. (h).
      1972 - Subsec. (a)(3). Pub. L. 92-434 substituted "or" for "and"
    making text read "maintained or operated", and required domestic
    and foreign tolls for international bridges, and that the tolls be
    limited to amount necessary for maintenance, repair, and operation
    thereof.
      1970 - Subsec. (e). Pub. L. 91-605, Sec. 133, added subsec. (e).
    Former subsec. (e), pertaining to ferry approaches, redesignated
    (f).
      Subsec. (f). Pub. L. 91-605, Secs. 133, 139, redesignated subsec.
    (e), relating to ferry approaches, as (f) and added a second
    subsec. (f) relating to ferry boats.
      1968 - Subsec. (b). Pub. L. 90-495 required that, after June 30,
    1968, as a condition for the addition of toll highway facilities on
    the Interstate System, the approval of the Secretary is required,
    with an affirmative finding that the construction of the road as a
    toll facility rather than a toll-free facility is in the public
    interest, but with such limitation on the construction of toll
    facilities not to extend to toll bridges and tunnels.
      1960 - Pub. L. 86-657, Sec. 5(b), included ferries in section
    catchline.
      Subsec. (c). Pub. L. 86-657, Sec. 8(a), struck out "under prior
    Acts" after "Funds authorized".
      Subsec. (e). Pub. L. 86-657, Sec. 5(a), added subsec. (e).

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of this
    title.

                    EXPRESS LANES DEMONSTRATION PROGRAM                
      Pub. L. 109-59, title I, Sec. 1604(b), Aug. 10, 2005, 119 Stat.
    1250, provided that:
      "(1) Definitions. - In this subsection, the following definitions
    apply:
        "(A) Eligible toll facility. - The term 'eligible toll
      facility' includes - 
          "(i) a facility in existence on the date of enactment of this
        Act [Aug. 10, 2005] that collects tolls;
          "(ii) a facility in existence on the date of enactment of
        this Act that serves high occupancy vehicles;
          "(iii) a facility modified or constructed after the date of
        enactment of this Act to create additional tolled lane capacity
        (including a facility constructed by a private entity or using
        private funds); and
          "(iv) in the case of a new lane added to a previously non-
        tolled facility, only the new lane.
        "(B) Nonattainment area. - The term 'nonattainment area' has
      the meaning given that term in section 171 of the Clean Air Act
      (42 U.S.C. 7501).
      "(2) Demonstration program. - Notwithstanding sections 129 and
    301 of title 23, United States Code, the Secretary [of
    Transportation] shall carry out 15 demonstration projects during
    the period of fiscal years 2005 through 2009 to permit States,
    public authorities, or a [sic] public or private entities
    designated by States, to collect a toll from motor vehicles at an
    eligible toll facility for any highway, bridge, or tunnel,
    including facilities on the Interstate System - 
        "(A) to manage high levels of congestion;
        "(B) to reduce emissions in a nonattainment area or maintenance
      area; or
        "(C) to finance the expansion of a highway, for the purpose of
      reducing traffic congestion, by constructing one or more
      additional lanes (including bridge, tunnel, support, and other
      structures necessary for that construction) on the Interstate
      System.
      "(3) Limitation on use of revenues. - 
        "(A) Use. - 
          "(i) In general. - Toll revenues received under paragraph (2)
        shall be used by a State, public authority, or private entity
        designated by a State, for - 
            "(I) debt service;
            "(II) a reasonable return on investment of any private
          financing;
            "(III) the costs necessary for proper operation and
          maintenance of any facilities under paragraph (2) (including
          reconstruction, resurfacing, restoration, and
          rehabilitation); or
            "(IV) if the State, public authority, or private entity
          annually certifies that the tolled facility is being
          adequately operated and maintained, any other purpose
          relating to a highway or transit project carried out under
          title 23 or 49, United States Code.
        "(B) Requirements. - 
          "(i) Variable price requirement. - A facility that charges
        tolls under this subsection may establish a toll that varies in
        price according to time of day or level of traffic, as
        appropriate to manage congestion or improve air quality.
          "(ii) HOV variable pricing requirement. - The Secretary [of
        Transportation] shall require, for each high occupancy vehicle
        facility that charges tolls under this subsection, that the
        tolls vary in price according to time of day or level of
        traffic, as appropriate to manage congestion or improve air
        quality.
          "(iii) HOV passenger requirements. - Pursuant to section 166
        of title 23, United States Code, a State may permit motor
        vehicles with fewer than two occupants to operate in high
        occupancy vehicle lanes as part of a variable toll pricing
        program established under this subsection.
        "(C) Agreement. - 
          "(i) In general. - Before the Secretary may permit a facility
        to charge tolls under this subsection, the Secretary and the
        applicable State, public authority, or private entity
        designated by a State shall enter into an agreement for each
        facility incorporating the conditions described in
        subparagraphs (A) and (B).
          "(ii) Termination. - An agreement under clause (i) shall
        terminate with respect to a facility upon the decision of the
        State, public authority, or private entity designated by a
        State to discontinue the variable tolling program under this
        subsection for the facility.
          "(iii) Debt. - If there is any debt outstanding on a facility
        at the time at which the decision is made to discontinue the
        program under this subsection with respect to the facility, the
        facility may continue to charge tolls in accordance with the
        terms of the agreement until such time as the debt is retired.
        "(D) Limitation on federal share. - The Federal share of the
      cost of a project on a facility tolled under this subsection,
      including a project to install the toll collection facility shall
      be a percentage, not to exceed 80 percent, determined by the
      applicable State.
      "(4) Eligibility. - To be eligible to participate in the program
    under this subsection, a State, public authority, or private entity
    designated by a State shall provide to the Secretary [of
    Transportation] - 
        "(A) a description of the congestion or air quality problems
      sought to be addressed under the program;
        "(B) a description of - 
          "(i) the goals sought to be achieved under the program; and
          "(ii) the performance measures that would be used to gauge
        the success made toward reaching those goals; and
        "(C) such other information as the Secretary may require.
      "(5) Automation. - Fees collected from motorists using an express
    lane shall be collected only through the use of noncash electronic
    technology that optimizes the free flow of traffic on the tolled
    facility.
      "(6) Interoperability. - 
        "(A) In general. - Not later than 180 days after the date of
      enactment of this Act [Aug. 10, 2005], the Secretary [of
      Transportation] shall promulgate a final rule specifying
      requirements, standards, or performance specifications for
      automated toll collection systems implemented under this section
      [enacting provisions set out as a note under this section and
      amending provisions set out as a note under section 149 of this
      title].
        "(B) Development. - In developing that rule, which shall be
      designed to maximize the interoperability of electronic
      collection systems, the Secretary shall, to the maximum extent
      practicable - 
          "(i) seek to accelerate progress toward the national goal of
        achieving a nationwide interoperable electronic toll collection
        system;
          "(ii) take into account the use of noncash electronic
        technology currently deployed within an appropriate
        geographical area of travel and the noncash electronic
        technology likely to be in use within the next 5 years; and
          "(iii) seek to minimize additional costs and maximize
        convenience to users of toll facility and to the toll facility
        owner or operator.
      "(7) Reporting. - 
        "(A) In general. - The Secretary [of Transportation], in
      cooperation with State and local agencies and other program
      participants and with opportunity for public comment, shall - 
          "(i) develop and publish performance goals for each express
        lane project;
          "(ii) establish a program for regular monitoring and
        reporting on the achievement of performance goals, including - 
            "(I) effects on travel, traffic, and air quality;
            "(II) distribution of benefits and burdens;
            "(III) use of alternative transportation modes; and
            "(IV) use of revenues to meet transportation or impact
          mitigation needs.
        "(B) Reports to congress. - The Secretary shall submit to the
      Committee on Environment and Public Works of the Senate and the
      Committee on Transportation and Infrastructure of the House of
      Representatives - 
          "(i) not later than 1 year after the date of enactment of
        this Act [Aug. 10, 2005], and annually thereafter, a report
        that describes in detail the uses of funds under this
        subsection in accordance with paragraph (8)(D) [no par. (8) has
        been enacted]; and
          "(ii) not later than 3 years after the date of enactment of
        this Act, and every 3 years thereafter, a report that describes
        any success of the program under this subsection in meeting
        congestion reduction and other performance goals established
        for express lane programs."

             INTERSTATE SYSTEM CONSTRUCTION TOLL PILOT PROGRAM         
      Pub. L. 109-59, title I, Sec. 1604(c), Aug. 10, 2005, 119 Stat.
    1253, provided that:
      "(1) Establishment. - The Secretary [of Transportation] shall
    establish and implement an Interstate System construction toll
    pilot program under which the Secretary, notwithstanding sections
    129 and 301 of title 23, United States Code, may permit a State or
    an interstate compact of States to collect tolls on a highway,
    bridge, or tunnel on the Interstate System for the purpose of
    constructing Interstate highways.
      "(2) Limitation on number of facilities. - The Secretary [of
    Transportation] may permit the collection of tolls under this
    section on three facilities on the Interstate System.
      "(3) Eligibility. - To be eligible to participate in the pilot
    program, a State shall submit to the Secretary [of Transportation]
    an application that contains, at a minimum, the following:
        "(A) An identification of the facility on the Interstate System
      proposed to be a toll facility.
        "(B) In the case of a facility that affects a metropolitan
      area, an assurance that the metropolitan planning organization
      designated under section 134 or 135 for the area has been
      consulted concerning the placement and amount of tolls on the
      facility.
        "(C) An analysis demonstrating that financing the construction
      of the facility with the collection of tolls under the pilot
      program is the most efficient and economical way to advance the
      project.
        "(D) A facility management plan that includes - 
          "(i) a plan for implementing the imposition of tolls on the
        facility;
          "(ii) a schedule and finance plan for the construction of the
        facility using toll revenues;
          "(iii) a description of the public transportation agency that
        will be responsible for implementation and administration of
        the pilot program;
          "(iv) a description of whether consideration will be given to
        privatizing the maintenance and operational aspects of the
        facility, while retaining legal and administrative control of
        the portion of the Interstate route; and
          "(v) such other information as the Secretary may require.
      "(4) Selection criteria. - The Secretary [of Transportation] may
    approve the application of a State under paragraph (3) only if the
    Secretary determines that - 
        "(A) the State's analysis under paragraph (3)(C) is reasonable;
        "(B) the State plan for implementing tolls on the facility
      takes into account the interests of local, regional, and
      interstate travelers;
        "(C) the State plan for construction of the facility using toll
      revenues is reasonable;
        "(D) the State will develop, manage, and maintain a system that
      will automatically collect the tolls; and
        "(E) the State has given preference to the use of a public toll
      agency with demonstrated capability to build, operate, and
      maintain a toll expressway system meeting criteria for the
      Interstate System.
      "(5) Prohibition on noncompete agreements. - Before the Secretary
    [of Transportation] may permit a State to participate in the pilot
    program, the State must enter into an agreement with the Secretary
    that provides that the State will not enter into an agreement with
    a private person under which the State is prevented from improving
    or expanding the capacity of public roads adjacent to the toll
    facility to address conditions resulting from traffic diverted to
    such roads from the toll facility, including - 
        "(A) excessive congestion;
        "(B) pavement wear; and
        "(C) an increased incidence of traffic accidents, injuries, or
      fatalities.
      "(6) Limitations on use of revenues; audits. - Before the
    Secretary [of Transportation] may permit a State to participate in
    the pilot program, the State must enter into an agreement with the
    Secretary that provides that - 
        "(A) all toll revenues received from operation of the toll
      facility will be used only for - 
          "(i) debt service;
          "(ii) reasonable return on investment of any private person
        financing the project; and
          "(iii) any costs necessary for the improvement of and the
        proper operation and maintenance of the toll facility,
        including reconstruction, resurfacing, restoration, and
        rehabilitation of the toll facility; and
        "(B) regular audits will be conducted to ensure compliance with
      subparagraph (A) and the results of such audits will be
      transmitted to the Secretary.
      "(7) Limitation on use of interstate maintenance funds. - During
    the term of the pilot program, funds apportioned for Interstate
    maintenance under section 104(b)(4) of title 23, United States
    Code, may not be used on a facility for which tolls are being
    collected under the program.
      "(8) Program term. - The Secretary [of Transportation] may
    approve an application of a State for permission to collect a toll
    under this section only if the application is received by the
    Secretary before the last day of the 10-year period beginning on
    the date of enactment of this Act [Aug. 10, 2005].
      "(9) Interstate system defined. - In this section, the term
    'Interstate System' has the meaning such term has under section 101
    of title 23, United States Code."

                          NATIONAL FERRY DATABASE                      
      Pub. L. 109-59, title I, Sec. 1801(e), Aug. 10, 2005, 119 Stat.
    1456, provided that:
      "(1) Establishment. - The Secretary [of Transportation], acting
    through the Bureau of Transportation Statistics, shall establish
    and maintain a national ferry database.
      "(2) Contents. - The database shall contain current information
    regarding ferry systems, including information regarding routes,
    vessels, passengers and vehicles carried, funding sources and such
    other information as the Secretary considers useful.
      "(3) Update report. - Using information collected through the
    database, the Secretary shall periodically modify as appropriate
    the report submitted under section 1207(c) of the Transportation
    Equity Act for the 21st Century [Pub. L. 105-178] (23 U.S.C. 129
    note; 112 Stat. 185-186).
      "(4) Requirements. - The Secretary shall - 
        "(A) compile the database not later than 1 year after the date
      of enactment of this Act [Aug. 10, 2005] and update the database
      every 2 years thereafter;
        "(B) ensure that the database is easily accessible to the
      public; and
        "(C) make available, from the amounts made available for the
      Bureau of Transportation Statistics by section 5101 of this Act
      [119 Stat. 1779], not more than $500,000 for each of fiscal years
      2006 through 2009 to establish and maintain the database."

                        FERRY TRANSPORTATION STUDY                    
      Pub. L. 105-178, title I, Sec. 1207(c), June 9, 1998, 112 Stat.
    185, provided that:
      "(1) In general. - The Secretary shall conduct a study of ferry
    transportation in the United States and its possessions - 
        "(A) to identify existing ferry operations, including - 
          "(i) the locations and routes served; and
          "(ii) the source and amount, if any, of funds derived from
        Federal, State, or local government sources supporting ferry
        construction or operations;
        "(B) to identify potential domestic ferry routes in the United
      States and its possessions and to develop information on those
      routes; and
        "(C) to identify the potential for use of high-speed ferry
      services and alternative-fueled ferry services.
      "(2) Report. - The Secretary shall submit a report on the results
    of the study to the Committee on Transportation and Infrastructure
    of the House of Representatives and the Committee on Environment
    and Public Works of the Senate."

     INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION PILOT PROGRAM 
      Pub. L. 105-178, title I, Sec. 1216(b), June 9, 1998, 112 Stat.
    212, provided that:
      "(1) Establishment. - The Secretary shall establish and implement
    an Interstate System reconstruction and rehabilitation pilot
    program under which the Secretary, notwithstanding sections 129 and
    301 of title 23, United States Code, may permit a State to collect
    tolls on a highway, bridge, or tunnel on the Interstate System for
    the purpose of reconstructing and rehabilitating Interstate highway
    corridors that could not otherwise be adequately maintained or
    functionally improved without the collection of tolls.
      "(2) Limitation on number of facilities. - The Secretary may
    permit the collection of tolls under this subsection on 3
    facilities on the Interstate System. Each of such facilities shall
    be located in a different State.
      "(3) Eligibility. - To be eligible to participate in the pilot
    program, a State shall submit to the Secretary an application that
    contains, at a minimum, the following:
        "(A) An identification of the facility on the Interstate System
      proposed to be a toll facility, including the age, condition, and
      intensity of use of the facility.
        "(B) In the case of a facility that affects a metropolitan
      area, an assurance that the metropolitan planning organization
      established under section 134 of title 23, United States Code,
      for the area has been consulted concerning the placement and
      amount of tolls on the facility.
        "(C) An analysis demonstrating that the facility could not be
      maintained or improved to meet current or future needs from the
      State's apportionments and allocations made available by this Act
      [see Tables for classification] (including amendments made by
      this Act) and from revenues for highways from any other source
      without toll revenues.
        "(D) A facility management plan that includes - 
          "(i) a plan for implementing the imposition of tolls on the
        facility;
          "(ii) a schedule and finance plan for the reconstruction or
        rehabilitation of the facility using toll revenues;
          "(iii) a description of the public transportation agency that
        will be responsible for implementation and administration of
        the pilot program;
          "(iv) a description of whether consideration will be given to
        privatizing the maintenance and operational aspects of the
        facility, while retaining legal and administrative control of
        the portion of the Interstate route; and
          "(v) such other information as the Secretary may require.
      "(4) Selection criteria. - The Secretary may approve the
    application of a State under paragraph (3) only if the Secretary
    determines that - 
        "(A) the State is unable to reconstruct or rehabilitate the
      proposed toll facility using existing apportionments;
        "(B) the facility has a sufficient intensity of use, age, or
      condition to warrant the collection of tolls;
        "(C) the State plan for implementing tolls on the facility
      takes into account the interests of local, regional, and
      interstate travelers;
        "(D) the State plan for reconstruction or rehabilitation of the
      facility using toll revenues is reasonable; and
        "(E) the State has given preference to the use of a public toll
      agency with demonstrated capability to build, operate, and
      maintain a toll expressway system meeting criteria for the
      Interstate System.
      "(5) Limitations on use of revenues; audits. - Before the
    Secretary may permit a State to participate in the pilot program,
    the State must enter into an agreement with the Secretary that
    provides that - 
        "(A) all toll revenues received from operation of the toll
      facility will be used only for - 
          "(i) debt service;
          "(ii) reasonable return on investment of any private person
        financing the project; and
          "(iii) any costs necessary for the improvement of and the
        proper operation and maintenance of the toll facility,
        including reconstruction, resurfacing, restoration, and
        rehabilitation of the toll facility; and
        "(B) regular audits will be conducted to ensure compliance with
      subparagraph (A) and the results of such audits will be
      transmitted to the Secretary.
      "(6) Limitation on use of interstate maintenance funds. - During
    the term of the pilot program, funds apportioned for Interstate
    maintenance under section 104(b)(4) of title 23, United States
    Code, may not be used on a facility for which tolls are being
    collected under the program.
      "(7) Program term. - The Secretary shall conduct the pilot
    program under this subsection for a term to be determined by the
    Secretary, but not less than 10 years.
      "(8) Interstate system defined. - In this subsection, the term
    'Interstate System' has the meaning such term has under section 101
    of title 23, United States Code."

                    CONTINUATION OF EXISTING AGREEMENTS                
      Section 1012(d) of title I of Pub. L. 102-240 provided that:
    "Unless modified under section 129(a)(6) of such title [this
    title], as amended by subsection (a) of this section, agreements
    entered into under section 119(e) or 129 of such title before the
    effective date of this title [Dec. 18, 1991] and in effect on the
    day before such effective date shall continue in effect on and
    after such effective date in accordance with the provisions of such
    agreement and such section 119(e) or 129."

         CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES     
      Pub. L. 102-240, title I, Sec. 1064, Dec. 18, 1991, 105 Stat.
    2005, as amended by Pub. L. 102-388, title III, Sec. 332, Oct. 6,
    1992, 106 Stat. 1550; Pub. L. 105-178, title I, Sec. 1207(b), June
    9, 1998, 112 Stat. 185, which directed the Secretary to carry out a
    program for construction of ferry boats and ferry terminal
    facilities in accordance with section 129(c) of this title, was
    repealed by Pub. L. 109-59, title I, Sec. 1801(c), Aug. 10, 2005,
    119 Stat. 1456. See section 147 of this title.

      STUDY TO DETERMINE EXTENT OF BONDED INDEBTEDNESS OF STATES FOR
      CONSTRUCTION OF TOLL ROADS INCORPORATED INTO INTERSTATE SYSTEM
      Section 164 of Pub. L. 95-599, as amended by Pub. L. 96-106, Sec.
    16, Nov. 19, 1979, 93 Stat. 798, directed Secretary of
    Transportation to report not later than July 1, 1980, respecting
    extent of outstanding bonded indebtedness for each State as of Jan.
    1, 1979, incurred by each State or public authority prior to June
    29, 1956, for road construction or portions incorporated within
    Interstate System, and methods of allocating bonded indebtedness
    and removal of toll provisions.

                       RICHMOND-PETERSBURG TURNPIKE                   
      Section 131 of Pub. L. 91-605 provided that: "The Secretary of
    Transportation is authorized to amend any agreement heretofore
    entered into under the provisions of section 129(d) of title 23,
    United States Code, in order to permit the continuation of tolls on
    the existing Richmond-Petersburg Turnpike to finance the
    construction within the existing termini of such turnpike of two
    lanes thereon in addition to the lanes in existence on the date of
    enactment of this section [Dec. 31, 1970] necessary to meet traffic
    and highway safety requirements. Any amended agreement entered into
    for such purposes shall provide assurances that the existing
    turnpike (including the additional lanes) shall become free to the
    public upon the collection of tolls sufficient to liquidate all
    construction costs, and the costs of maintenance, operation, and
    debt service during the period of toll collections to liquidate
    such construction costs, but in no event shall tolls be collected
    after date of maturity of those bonds outstanding on the date of
    enactment of this section [Dec. 31, 1970] issued for construction
    of such turnpike having the latest maturity date."

-FOOTNOTE-
    (!1) So in original. The word "and" probably should not appear.


-End-



-CITE-
    23 USC Sec. 130                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 130. Railway-highway crossings

-STATUTE-
      (a) Subject to section 120 and subsection (b) of this section,
    the entire cost of construction of projects for the elimination of
    hazards of railway-highway crossings, including the separation or
    protection of grades at crossings, the reconstruction of existing
    railroad grade crossing structures, and the relocation of highways
    to eliminate grade crossings, may be paid from sums apportioned in
    accordance with section 104 of this title. In any case when the
    elimination of the hazards of a railway-highway crossing can be
    effected by the relocation of a portion of a railway at a cost
    estimated by the Secretary to be less than the cost of such
    elimination by one of the methods mentioned in the first sentence
    of this section, then the entire cost of such relocation project,
    subject to section 120 and subsection (b) of this section, may be
    paid from sums apportioned in accordance with section 104 of this
    title.
      (b) The Secretary may classify the various types of projects
    involved in the elimination of hazards of railway-highway
    crossings, and may set for each such classification a percentage of
    the costs of construction which shall be deemed to represent the
    net benefit to the railroad or railroads for the purpose of
    determining the railroad's share of the cost of construction. The
    percentage so determined shall in no case exceed 10 per centum. The
    Secretary shall determine the appropriate classification of each
    project.
      (c) Any railroad involved in a project for the elimination of
    hazards of railway-highway crossings paid for in whole or in part
    from sums made available for expenditure under this title, or prior
    Acts, shall be liable to the United States for the net benefit to
    the railroad determined under the classification of such project
    made pursuant to subsection (b) of this section. Such liability to
    the United States may be discharged by direct payment to the State
    transportation department of the State in which the project is
    located, in which case such payment shall be credited to the cost
    of the project. Such payment may consist in whole or in part of
    materials and labor furnished by the railroad in connection with
    the construction of such project. If any such railroad fails to
    discharge such liability within a six-month period after completion
    of the project, it shall be liable to the United States for its
    share of the cost, and the Secretary shall request the Attorney
    General to institute proceedings against such railroad for the
    recovery of the amount for which it is liable under this
    subsection. The Attorney General is authorized to bring such
    proceedings on behalf of the United States, in the appropriate
    district court of the United States, and the United States shall be
    entitled in such proceedings to recover such sums as it is
    considered and adjudged by the court that such railroad is liable
    for in the premises. Any amounts recovered by the United States
    under this subsection shall be credited to miscellaneous receipts.
      (d) Survey and Schedule of Projects. - Each State shall conduct
    and systematically maintain a survey of all highways to identify
    those railroad crossings which may require separation, relocation,
    or protective devices, and establish and implement a schedule of
    projects for this purpose. At a minimum, such a schedule shall
    provide signs for all railway-highway crossings.
      (e) Funds for Protective Devices. - 
        (1) In general. - Before making an apportionment under section
      104(b)(5) for a fiscal year, the Secretary shall set aside, from
      amounts made available to carry out the highway safety
      improvement program under section 148 for such fiscal year, at
      least $220,000,000 for the elimination of hazards and the
      installation of protective devices at railway-highway crossings.
      At least  1/2  of the funds authorized for and expended under
      this section shall be available for the installation of
      protective devices at railway-highway crossings. Sums authorized
      to be appropriated to carry out this section shall be available
      for obligation in the same manner as funds apportioned under
      section 104(b)(1) of this title.
        (2) Special rule. - If a State demonstrates to the satisfaction
      of the Secretary that the State has met all its needs for
      installation of protective devices at railway-highway crossings,
      the State may use funds made available by this section for other
      purposes under this subsection.

      (f) Apportionment. - 
        (1) Formula. - Fifty percent of the funds set aside to carry
      out this section pursuant to subsection (e)(1) shall be
      apportioned to the States in accordance with the formula set
      forth in section 104(b)(3)(A), and 50 percent of such funds shall
      be apportioned to the States in the ratio that total public
      railway-highway crossings in each State bears to the total of
      such crossings in all States.
        (2) Minimum apportionment. - Notwithstanding paragraph (1),
      each State shall receive a minimum of one-half of 1 percent of
      the funds apportioned under paragraph (1).
        (3) Federal share. - The Federal share payable on account of
      any project financed with funds set aside to carry out this
      section shall be 90 percent of the cost thereof.

      (g) Annual Report. - Each State shall report to the Secretary not
    later than December 30 of each year on the progress being made to
    implement the railway-highway crossings program authorized by this
    section and the effectiveness of such improvements. Each State
    report shall contain an assessment of the costs of the various
    treatments employed and subsequent accident experience at improved
    locations. The Secretary shall submit a report to the Committee on
    Environment and Public Works and the Committee on Commerce,
    Science, and Transportation,(!1) of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives,
    not later than April 1, 2006, and every 2 years thereafter,,(!1) on
    the progress being made by the State in implementing projects to
    improve railway-highway crossings. The report shall include, but
    not be limited to, the number of projects undertaken, their
    distribution by cost range, road system, nature of treatment, and
    subsequent accident experience at improved locations. In addition,
    the Secretary's report shall analyze and evaluate each State
    program, identify any State found not to be in compliance with the
    schedule of improvements required by subsection (d) and include
    recommendations for future implementation of the railroad highway
    (!2) crossings program.


      (h) Use of Funds for Matching. - Funds authorized to be
    appropriated to carry out this section may be used to provide a
    local government with funds to be used on a matching basis when
    State funds are available which may only be spent when the local
    government produces matching funds for the improvement of railway-
    highway crossings.
      (i) Incentive Payments for At-Grade Crossing Closures. - 
        (1) In general. - Notwithstanding any other provision of this
      section and subject to paragraphs (2) and (3), a State may, from
      sums available to the State under this section, make incentive
      payments to local governments in the State upon the permanent
      closure by such governments of public at-grade railway-highway
      crossings under the jurisdiction of such governments.
        (2) Incentive payments by railroads. - A State may not make an
      incentive payment under paragraph (1) to a local government with
      respect to the closure of a crossing unless the railroad owning
      the tracks on which the crossing is located makes an incentive
      payment to the government with respect to the closure.
        (3) Amount of state payment. - The amount of the incentive
      payment payable to a local government by a State under paragraph
      (1) with respect to a crossing may not exceed the lesser of - 
          (A) the amount of the incentive payment paid to the
        government with respect to the crossing by the railroad
        concerned under paragraph (2); or
          (B) $7,500.

        (4) Use of state payments. - A local government receiving an
      incentive payment from a State under paragraph (1) shall use the
      amount of the incentive payment for transportation safety
      improvements.

      (j) Bicycle Safety. - In carrying out projects under this
    section, a State shall take into account bicycle safety.
      (k) Expenditure of Funds. - Not more than 2 percent of funds
    apportioned to a State to carry out this section may be used by the
    State for compilation and analysis of data in support of activities
    carried out under subsection (g).

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 903; Pub. L. 100-17, title
    I, Sec. 121(a), Apr. 2, 1987, 101 Stat. 159; Pub. L. 104-59, title
    III, Sec. 325(a), Nov. 28, 1995, 109 Stat. 591; Pub. L. 104-205,
    title III, Sec. 353(b), Sept. 30, 1996, 110 Stat. 2980; Pub. L. 105-
    178, title I, Secs. 1111(d), 1202(d), 1212(a)(2)(A)(i), June 9,
    1998, 112 Stat. 146, 170, 193; Pub. L. 109-59, title I, Sec.
    1401(d), Aug. 10, 2005, 119 Stat. 1226.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (e). Pub. L. 109-59, Sec. 1401(d)(1), designated
    existing provisions as par. (1), inserted after par. designation
    "In general. - Before making an apportionment under section
    104(b)(5) for a fiscal year, the Secretary shall set aside, from
    amounts made available to carry out the highway safety improvement
    program under section 148 for such fiscal year, at least
    $220,000,000 for the elimination of hazards and the installation of
    protective devices at railway-highway crossings.", and added par.
    (2).
      Subsec. (f). Pub. L. 109-59, Sec. 1401(d)(2), reenacted heading
    without change and amended text of subsec. (f) generally. Prior to
    amendment, text read as follows: "Twenty-five percent of the funds
    authorized to be appropriated to carry out this section shall be
    apportioned to the States in the same manner as sums are
    apportioned under section 104(b)(2) of this title, 25 percent of
    such funds shall be apportioned to the States in the same manner as
    sums are apportioned under section 104(b)(6) of this title, and 50
    percent of such funds shall be apportioned to the States in the
    ratio that total railway-highway crossings in each State bears to
    the total of such crossings in all States. The Federal share
    payable on account of any project financed with funds authorized to
    be appropriated to carry out this section shall be 90 percent of
    the cost thereof."
      Subsec. (g). Pub. L. 109-59, Sec. 1401(d)(3), in third sentence
    inserted "and the Committee on Commerce, Science, and
    Transportation," after "Public Works" and substituted ", not later
    than April 1, 2006, and every 2 years thereafter," for "not later
    than April 1 of each year".
      Subsec. (k). Pub. L. 109-59, Sec. 1401(d)(4), added subsec. (k).
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1111(d), substituted
    "Subject to section 120" for "Except as provided in subsection (d)
    of section 120 of this title" in first sentence and "subject to
    section 120" for "except as provided in subsection (d) of section
    120 of this title" in second sentence.
      Subsec. (c). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
    "State transportation department" for "State highway department".
      Subsec. (j). Pub. L. 105-178, Sec. 1202(d), added subsec. (j).
      1996 - Subsec. (i). Pub. L. 104-205 added subsec. (i).
      1995 - Subsec. (g). Pub. L. 104-59 substituted "Committee on
    Transportation and Infrastructure" for "Committee on Public Works
    and Transportation" in third sentence.
      1987 - Subsecs. (d) to (h). Pub. L. 100-17 added subsecs. (d) to
    (h).

       FEDERAL SHARE OF COSTS FOR CONSTRUCTION TO ELIMINATE HAZARDS   
      Pub. L. 106-246, div. B, title II, Sec. 2604, July 13, 2000, 114
    Stat. 559, provided that: "Notwithstanding any other provision of
    law, hereafter, funds apportioned under section 104(b)(3) of title
    23 which are applied to projects involving the elimination of
    hazards of railway-highway crossings, including the separation or
    protection of grades at crossings, the reconstruction of existing
    railroad grade crossing structures, and the relocation of highways
    to eliminate grade crossings, may have a Federal share up to 100
    percent of the cost of construction."

                         FEDERAL-STATE COOPERATION                     
      Section 351(b), (c) of Pub. L. 104-59 provided that:
      "(b) Safety Enforcement. - 
        "(1) Cooperation between federal and state agencies. - The
      National Highway Traffic Safety Administration and the Office of
      Motor Carriers within the Federal Highway Administration shall
      cooperate and work, on a continuing basis, with the National
      Association of Governors' Highway Safety Representatives, the
      Commercial Vehicle Safety Alliance, and Operation Lifesaver,
      Inc., to improve compliance with and enforcement of laws and
      regulations pertaining to railroad-highway grade crossings.
        "(2) Report. - Not later than June 1, 1998, the Secretary shall
      submit to Congress a report indicating - 
          "(A) how the Department of Transportation worked with the
        entities referred to in paragraph (1) to improve the awareness
        of the highway and commercial vehicle safety and law
        enforcement communities of regulations and safety challenges at
        railroad-highway grade crossings; and
          "(B) how resources are being allocated to better address
        these challenges and enforce such regulations.
      "(c) Federal-State Partnership. - 
        "(1) Statement of policy. - 
          "(A) Hazards to safety. - Certain railroad-highway grade
        crossings present inherent hazards to the safety of railroad
        operations and to the safety of persons using those crossings.
        It is in the public interest - 
            "(i) to promote grade crossing safety and reduce risk at
          high risk railroad-highway grade crossings; and
            "(ii) to reduce the number of grade crossings while
          maintaining the reasonable mobility of the American people
          and their property, including emergency access.
          "(B) Effective programs. - Effective programs to reduce the
        number of unneeded and unsafe railroad-highway grade crossings
        require the partnership of Federal, State, and local officials
        and agencies, and affected railroads.
          "(C) Highway planning. - Promotion of a balanced national
        transportation system requires that highway planning
        specifically take into consideration grade crossing safety.
        "(2) Partnership and oversight. - The Secretary shall encourage
      each State to make progress toward achievement of the purposes of
      this subsection."

                      VEHICLE PROXIMITY ALERT SYSTEM                  
      Pub. L. 102-240, title I, Sec. 1072, Dec. 18, 1991, 105 Stat.
    2012, provided that: "The Secretary shall coordinate the field
    testing of the vehicle proximity alert system and comparable
    systems to determine their feasibility for use by priority vehicles
    as an effective railroad-highway grade crossing safety device. In
    the event the vehicle proximity alert or a comparable system proves
    to be technologically and economically feasible, the Secretary
    shall develop and implement appropriate programs under section 130
    of title 23, United States Code, to provide for installation of
    such devices where appropriate."

      RAILWAY-HIGHWAY CROSSING HAZARDS; NATIONAL HIGHWAY INFORMATION
                              PROGRAM FUNDING
      Pub. L. 100-457, title III, Sec. 324, Sept. 30, 1988, 102 Stat.
    2150, provided that: "Notwithstanding any other provision of law,
    the Secretary shall make available $250,000 per year for a national
    public information program to educate the public of the inherent
    hazard at railway-highway crossings. Such funds shall be made
    available out of funds authorized to be appropriated out of the
    Highway Trust Fund, pursuant to section 130 of title 23, United
    States Code."
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 100-202, Sec. 101(l) [title III, Sec. 339], Dec. 22,
    1987, 101 Stat. 1329-358, 1329-386.

                RAILROAD-HIGHWAY CROSSINGS STUDY AND REPORT            
      Section 159 of Pub. L. 100-17 directed Secretary of
    Transportation to conduct a study of national highway-railroad
    crossing improvement and maintenance needs, with Secretary to
    consult with State highway administrations, the Association of
    American Railroads, highway safety groups, and any other
    appropriate entities in carrying out this study, and directed
    Secretary, not later than 24 months after Apr. 2, 1987, to submit a
    final report to Congress on results of the study along with
    recommendations of how crossing needs can be addressed in a cost
    effective manner.

     STUDY AND INVESTIGATION OF ALLEVIATION OF ENVIRONMENTAL, SOCIAL,
               ETC., IMPACTS OF INCREASED UNIT TRAIN TRAFFIC
      Pub. L. 95-599, title I, Sec. 162, Nov. 6, 1978, 92 Stat. 2720,
    authorized Secretary of Transportation, in cooperation with State
    highway departments and appropriate officials of local government,
    to undertake a comprehensive investigation and study of techniques
    for alleviating the environmental, social, economic, and
    developmental impacts of increased unit train traffic to meet
    national energy requirements in communities located along rail
    corridors experiencing such increased traffic and directed
    Secretary to report to Congress on results of such investigation
    and study not later than Mar. 31, 1979.

       DEMONSTRATION PROJECT, RAILROAD-HIGHWAY CROSSINGS; REPORTS TO
       PRESIDENT AND CONGRESS; APPROPRIATIONS AUTHORIZATION; HIGHWAY
                     SAFETY STUDY, REPORT TO CONGRESS
      Pub. L. 93-87, title I, Sec. 163, Aug. 13, 1973, 87 Stat. 280, as
    amended by Pub. L. 93-643, Sec. 104, Jan. 4, 1975, 88 Stat. 2282;
    Pub. L. 94-280, title I, Sec. 140(a)-(e), May 5, 1976, 90 Stat.
    444; Pub. L. 95-599, title I, Sec. 134(a)-(c), Nov. 6, 1978, 92
    Stat. 2709; Pub. L. 96-470, title II, Sec. 209(b), Oct. 19, 1980,
    94 Stat. 2245; Pub. L. 97-424, title I, Sec. 151, Jan. 6, 1983, 96
    Stat. 2132; Pub. L. 100-17, title I, Secs. 133(c)(3), 148, Apr. 2,
    1987, 101 Stat. 172, 181; Pub. L. 100-202, Sec. 101(l) [title III,
    Sec. 346], Dec. 22, 1987, 101 Stat. 1329-358, 1329-388; Pub. L. 102-
    240, title I, Sec. 1037, Dec. 18, 1991, 105 Stat. 1987; Pub. L.
    104-66, title I, Sec. 1121(e), Dec. 21, 1995, 109 Stat. 724,
    provided that:
      "(a)(1) The Secretary of Transportation shall enter into such
    arrangements as may be necessary to carry out demonstration
    projects in Lincoln, Nebraska, Wheeling, West Virginia, and Elko,
    Nevada, for the relocation of railroad lines from the central area
    of the cities in conformance with the methodology developed under
    proposals submitted to the Secretary by the respective cities. The
    cities shall (1) have a local agency with legal authority to
    relocate railroad facilities, levy taxes for such purpose, and a
    record of prior accomplishment; and (2) have a current relocation
    plan for such lines which has a favorable benefit-cost ratio
    involving and having the unanimous approval of three or more class
    1 railroads in Lincoln, Nebraska, and the two class 1 railroads in
    Wheeling, West Virginia, and Elko, Nevada, and multicivic, local,
    and State agencies, and which provides for the elimination of a
    substantial number of the existing railway-road conflict points
    within the city.
      "(2) The Secretary of Transportation shall enter into such
    arrangements as may be necessary to carry out a demonstration
    project in Lafayette, Indiana, for relocation of railroad lines
    from the central area of the city. There are authorized to be
    appropriated to carry out this paragraph $360,000 for the fiscal
    year ending June 30, 1975.
      "(b) The Secretary of Transportation shall carry out a
    demonstration project for the elimination or protection of certain
    public ground-level rail-highway crossings in, or in the vicinity
    of, Springfield, Illinois.
      "(c) The Secretary of Transportation shall enter into such
    arrangements as may be necessary to carry out demonstration
    projects in Brownsville, Texas, and Matamoros, Mexico, for the
    relocation of railroad lines from the central area of the cities in
    conformance with the methodology developed under proposals
    submitted to the Secretary by the Brownsville Navigation District,
    providing for the construction of an international bridge and for
    the elimination of a substantial number of existing railway-road
    conflict points within the cities.
      "(d) The Secretary of Transportation shall enter into such
    arrangements as may be necessary to carry out a demonstration
    project in East Saint Louis, Illinois, for the relocation of rail
    lines between Thirteenth and Forty-third Streets, in accordance
    with methodology approved by the Secretary. The Secretary of
    Transportation shall carry out a demonstration project for the
    relocation of rail lines in the vicinity of Carbondale, Illinois.
      "(e) The Secretary of Transportation shall enter into such
    arrangements as may be necessary to carry out a demonstration
    project in New Albany, Indiana, for the elimination of the existing
    rail loop and relocation of rail lines to a location between
    Vincennes Street and East Eighth Street, in accordance with
    methodology approved by the Secretary.
      "(f) The Secretary of Transportation shall carry out
    demonstration projects for the construction of an overpass at the
    rail-highway grade crossing on Cottage Grove Avenue between One
    Hundred Forty-second Street and One Hundred Thirty-eighth Street in
    the village of Dolton, Illinois, and the construction of an
    overpass at the rail-highway grade crossing at Vermont Street and
    the Rock Island Railroad tracks in the city of Blue Island,
    Illinois.
      "(g) The Secretary of Transportation shall carry out a
    demonstration project for the elimination of the ground level
    railroad highway crossing on United States Route 69 in Greenville,
    Texas.
      "(h) The Secretary of Transportation shall carry out a
    demonstration project in Anoka, Minnesota, for the construction of
    an underpass at the Seventh Avenue and County Road 7 railroad-
    highway grade crossing.
      "(i) The Secretary of Transportation shall carry out a
    demonstration project in Metairie, Jefferson Parish, Louisiana, for
    the relocation or grade separation of rail lines whichever he deems
    most feasible in order to eliminate certain grade level railroad
    highway crossings.
      "(j) The Secretary of Transportation shall enter into such
    arrangements as may be necessary to carry out a demonstration
    project in Augusta, Georgia, for the relocation of railroad lines
    and for the purpose of eliminating highway railroad grade
    crossings.
      "(k) The Secretary of Transportation shall enter into such
    arrangements as may be necessary to carry out a demonstration
    project in Pine Bluff, Arkansas, for the relocation of railroad
    lines for the purpose of eliminating highway railroad grade
    crossings.
      "(l) The Secretary of Transportation shall carry out a
    demonstration project in Sherman, Texas, for the relocation of rail
    lines in order to eliminate the ground level railroad crossing at
    the crossing of the Southern Pacific and Frisco Railroads with
    Grand Avenue-Roberts Road.
      "(m) The Secretary of Transportation shall enter into such
    arrangements as may be necessary to carry out a demonstration
    project in Hammond, Indiana, for the relocation of railroad lines
    for the purposes of eliminating highway railroad grade crossings.
      "(n) The Federal share payable on account of such projects shall
    be the Federal share provided in section 120(a) of title 23, United
    States Code. [sic] except those railroad-highway crossings segments
    which are already engaged in or have completed the preparation of
    the plans, specifications and estimates (PS&E) for the construction
    of the segment involved shall retain the Federal share as specified
    in subsection [sic] 163(n) [this subsection] as amended by section
    134 of the Surface Transportation Assistance Act of 1978 [section
    134 of Pub. L. 95-599].
      "[(o) Repealed. Pub. L. 104-66, title I, Sec. 1121(e), Dec. 21,
    1995, 109 Stat. 724.]
      "(p) There is authorized to be appropriated to carry out this
    section (other than subsection (l)), not to exceed $15,000,000 for
    the fiscal year ending June 30, 1974, $25,000,000 for the fiscal
    year ending June 30, 1975, and $50,000,000 for the fiscal year
    ending June 30, 1976, $6,250,000, for the period beginning July 1,
    1976, and ending September 30, 1976, $26,400,000 for the fiscal
    year ending September 30, 1977, and $51,400,000 for the fiscal year
    ending September 30, 1978, $70,000,000 for the fiscal year ending
    September 30, 1979, and $90,000,000 for the fiscal year ending
    September 30, 1980, $100,000,000 for the fiscal year ending
    September 30, 1981, and $100,000,000 for the fiscal year ending
    September 30, 1982, and $50,000,000 for the fiscal year ending
    September 30, 1983, and $50,000,000 for the fiscal year ending
    September 30, 1984, and $50,000,000 for the fiscal year ending
    September 30, 1985, and $50,000,000 for the fiscal year ending
    September 30, 1986, and $15,000,000 per fiscal year for each of
    fiscal years 1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994,
    except that not more than two-thirds of all funds authorized and
    expended under authority of this section in any fiscal year shall
    be appropriated out of the Highway Trust fund. Notwithstanding any
    other provision of this section, any project which is not under
    construction, according to the Secretary of Transportation, by
    September 30, 1985, shall not be eligible for additional funds
    under this authorization.
      "(q) The Secretary, in cooperation with State highway departments
    and local officials, shall conduct a full and complete
    investigation and study of the problem of providing increased
    highway safety by the relocation of railroad lines from the central
    area of cities on a nationwide basis, and report to the Congress
    his recommendations resulting from such investigation and study not
    later than July 1, 1975, including an estimate of the cost of such
    a program. Funds authorized to carry out section 307 of title 23,
    United States Code, are authorized to be used to carry out the
    investigation and study required by this subsection."

      DEMONSTRATION PROJECT, RAILROAD-HIGHWAY CROSSINGS; INCLUSION OF
                     PROJECTS AT TERRE HAUTE, INDIANA
      Pub. L. 94-387, title I, Sec. 101, Aug. 14, 1976, 90 Stat. 1176,
    provided in part: "That section 163 of Public Law 93-87 [set out as
    a note above] is hereby amended to include projects at Terre Haute,
    Indiana."

                        RAILROAD-HIGHWAY CROSSINGS                    
      Pub. L. 93-87, title II, Sec. 203, Aug. 13, 1973, 87 Stat. 283,
    as amended by Pub. L. 94-280, title II, Sec. 203, May 5, 1976, 90
    Stat. 452; Pub. L. 95-599, title II, Sec. 203, Nov. 6, 1978, 92
    Stat. 2728; Pub. L. 96-470, title II, Sec. 209(d), Oct. 19, 1980,
    94 Stat. 2245; Pub. L. 97-327, Sec. 5(b), Oct. 15, 1982, 96 Stat.
    1612; Pub. L. 97-424, title II, Sec. 205, Jan. 6, 1983, 96 Stat.
    2139, which directed each State to conduct a survey of all highways
    to identify those railway crossings requiring separation,
    relocation, or protective devices and to establish and implement a
    schedule of projects for such purpose, which at a minimum was to
    provide for signs at all crossings, authorized appropriations for
    elimination of hazards of railway-highway crossings, provided for
    State apportionments and for the Federal share of the costs of
    projects, required each State to annually report to the Secretary
    of Transportation and the Secretary of Transportation to annually
    report to Congress on progress in implementing railroad-highway
    crossings program, and authorized use of matching funds with local
    governments for improvement of railroad crossings, was repealed by
    Pub. L. 100-17, title I, Sec. 121(b), Apr. 2, 1987, 101 Stat. 160.
      Highway authorizations provisions of section 104(a) (1) and (2)
    of Pub. L. 93-87, referred to in section 203(d) of Pub. L. 93-87
    provided that:
      "(a) For the purpose of carrying out the provisions of title 23,
    United States Code, the following sums are hereby authorized to be
    appropriated:
      "(1) For the Federal-aid primary system in rural areas, out of
    the Highway Trust Fund, $680,000,000 for the fiscal year ending
    June 30, 1974, $700,000,000 for the fiscal year ending June 30,
    1975, and $700,000,000 for the fiscal year ending June 30, 1976.
    For the Federal-aid secondary system in rural areas, out of Highway
    Trust Fund, $390,000,000 for the fiscal year ending June 30, 1974,
    $400,000,000 for the fiscal year ending June 30, 1975, and
    $400,000,000 for the fiscal year ending June 30, 1976.
      "(2) For the Federal-aid urban system, out of the Highway Trust
    Fund, $780,000,000 for the fiscal year ending June 30, 1974,
    $800,000,000 for the fiscal year ending June 30, 1975, and
    $800,000,000 for the fiscal year ending June 30, 1976. For the
    extensions of the Federal-aid primary and secondary systems in
    urban areas, out of the Highway Trust Fund $290,000,000 for the
    fiscal year ending June 30, 1974, $300,000,000 for the fiscal year
    ending June 30, 1975, and $300,000,000 for the fiscal year ending
    June 30, 1976."

-FOOTNOTE-
    (!1) So in original.

    (!2) So in original. Probably should be "railroad-highway".


-End-



-CITE-
    23 USC Sec. 131                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 131. Control of outdoor advertising

-STATUTE-
      (a) The Congress hereby finds and declares that the erection and
    maintenance of outdoor advertising signs, displays, and devices in
    areas adjacent to the Interstate System and the primary system
    should be controlled in order to protect the public investment in
    such highways, to promote the safety and recreational value of
    public travel, and to preserve natural beauty.
      (b) Federal-aid highway funds apportioned on or after January 1,
    1968, to any State which the Secretary determines has not made
    provision for effective control of the erection and maintenance
    along the Interstate System and the primary system of outdoor
    advertising signs, displays, and devices which are within six
    hundred and sixty feet of the nearest edge of the right-of-way and
    visible from the main traveled way of the system, and Federal-aid
    highway funds apportioned on or after January 1, 1975, or after the
    expiration of the next regular session of the State legislature,
    whichever is later, to any State which the Secretary determines has
    not made provision for effective control of the erection and
    maintenance along the Interstate System and the primary system of
    those additional outdoor advertising signs, displays, and devices
    which are more than six hundred and sixty feet off the nearest edge
    of the right-of-way, located outside of urban areas, visible from
    the main traveled way of the system, and erected with the purpose
    of their message being read from such main traveled way, shall be
    reduced by amounts equal to 10 per centum of the amounts which
    would otherwise be apportioned to such State under section 104 of
    this title, until such time as such State shall provide for such
    effective control. Any amount which is withheld from apportionment
    to any State hereunder shall be reapportioned to the other States.
    Whenever he determines it to be in the public interest, the
    Secretary may suspend, for such periods as he deems necessary, the
    application of this subsection to a State.
      (c) Effective control means that such signs, displays, or devices
    after January 1, 1968, if located within six hundred and sixty feet
    of the right-of-way and, on or after July 1, 1975, or after the
    expiration of the next regular session of the State legislature,
    whichever is later, if located beyond six hundred and sixty feet of
    the right-of-way located outside of urban areas, visible from the
    main traveled way of the system, and erected with the purpose of
    their message being read from such main traveled way, shall,
    pursuant to this section, be limited to (1) directional and
    official signs and notices, which signs and notices shall include,
    but not be limited to, signs and notices pertaining to natural
    wonders, scenic and historical attractions, which are required or
    authorized by law, which shall conform to national standards hereby
    authorized to be promulgated by the Secretary hereunder, which
    standards shall contain provisions concerning lighting, size,
    number, and spacing of signs, and such other requirements as may be
    appropriate to implement this section, (2) signs, displays, and
    devices advertising the sale or lease of property upon which they
    are located, (3) signs, displays, and devices, including those
    which may be changed at reasonable intervals by electronic process
    or by remote control, advertising activities conducted on the
    property on which they are located, (4) signs lawfully in existence
    on October 22, 1965, determined by the State, subject to the
    approval of the Secretary, to be landmark signs, including signs on
    farm structures or natural surfaces, or historic or artistic
    significance the preservation of which would be consistent with the
    purposes of this section, and (5) signs, displays, and devices
    advertising the distribution by nonprofit organizations of free
    coffee to individuals traveling on the Interstate System or the
    primary system. For the purposes of this subsection, the term "free
    coffee" shall include coffee for which a donation may be made, but
    is not required.
      (d) In order to promote the reasonable, orderly and effective
    display of outdoor advertising while remaining consistent with the
    purposes of this section, signs, displays, and devices whose size,
    lighting and spacing, consistent with customary use is to be
    determined by agreement between the several States and the
    Secretary, may be erected and maintained within six hundred and
    sixty feet of the nearest edge of the right-of-way within areas
    adjacent to the Interstate and primary systems which are zoned
    industrial or commercial under authority of State law, or in
    unzoned commercial or industrial areas as may be determined by
    agreement between the several States and the Secretary. The States
    shall have full authority under their own zoning laws to zone areas
    for commercial or industrial purposes, and the actions of the
    States in this regard will be accepted for the purposes of this
    Act. Whenever a bona fide State, county, or local zoning authority
    has made a determination of customary use, such determination will
    be accepted in lieu of controls by agreement in the zoned
    commercial and industrial areas within the geographical
    jurisdiction of such authority. Nothing in this subsection shall
    apply to signs, displays, and devices referred to in clauses (2)
    and (3) of subsection (c) of this section.
      (e) Any sign, display, or device lawfully in existence along the
    Interstate System or the Federal-aid primary system on September 1,
    1965, which does not conform to this section shall not be required
    to be removed until July 1, 1970. Any other sign, display, or
    device lawfully erected which does not conform to this section
    shall not be required to be removed until the end of the fifth year
    after it becomes nonconforming.
      (f) The Secretary shall, in consultation with the States, provide
    within the rights-of-way for areas at appropriate distances from
    interchanges on the Interstate System, on which signs, displays,
    and devices giving specific information in the interest of the
    traveling public may be erected and maintained. The Secretary may
    also, in consultation with the States, provide within the rights-of-
    way of the primary system for areas in which signs, displays, and
    devices giving specific information in the interest of the
    traveling public may be erected and maintained. Such signs shall
    conform to national standards to be promulgated by the Secretary.
      (g) Just compensation shall be paid upon the removal of any
    outdoor advertising sign, display, or device lawfully erected under
    State law and not permitted under subsection (c) of this section,
    whether or not removed pursuant to or because of this section. The
    Federal share of such compensation shall be 75 per centum. Such
    compensation shall be paid for the following:
        (A) The taking from the owner of such sign, display, or device
      of all right, title, leasehold, and interest in such sign,
      display, or device; and
        (B) The taking from the owner of the real property on which the
      sign, display, or device is located, of the right to erect and
      maintain such signs, displays, and devices thereon.

      (h) All public lands or reservations of the United States which
    are adjacent to any portion of the Interstate System and the
    primary system shall be controlled in accordance with the
    provisions of this section and the national standards promulgated
    by the Secretary.
      (i) In order to provide information in the specific interest of
    the traveling public, the State transportation departments are
    authorized to maintain maps and to permit information directories
    and advertising pamphlets to be made available at safety rest
    areas. Subject to the approval of the Secretary, a State may also
    establish information centers at safety rest areas and other travel
    information systems within the rights-of-way for the purpose of
    informing the public of places of interest within the State and
    providing such other information as a State may consider desirable.
    The Federal share of the cost of establishing such an information
    center or travel information system shall be that which is provided
    in section 120 for a highway project on that Federal-aid system to
    be served by such center or system.
      (j) Any State transportation department which has, under this
    section as in effect on June 30, 1965, entered into an agreement
    with the Secretary to control the erection and maintenance of
    outdoor advertising signs, displays, and devices in areas adjacent
    to the Interstate System shall be entitled to receive the bonus
    payments as set forth in the agreement, but no such State
    transportation department shall be entitled to such payments unless
    the State maintains the control required under such agreement:
    Provided, That permission by a State to erect and maintain
    information displays which may be changed at reasonable intervals
    by electronic process or remote control and which provide public
    service information or advertise activities conducted on the
    property on which they are located shall not be considered a breach
    of such agreement or the control required thereunder. Such payments
    shall be paid only from appropriations made to carry out this
    section. The provisions of this subsection shall not be construed
    to exempt any State from controlling outdoor advertising as
    otherwise provided in this section.
      (k) Subject to compliance with subsection (g) of this section for
    the payment of just compensation, nothing in this section shall
    prohibit a State from establishing standards imposing stricter
    limitations with respect to signs, displays, and devices on the
    Federal-aid highway systems than those established under this
    section.
      (l) Not less than sixty days before making a final determination
    to withhold funds from a State under subsection (b) of this
    section, or to do so under subsection (b) of section 136, or with
    respect to failing to agree as to the size, lighting, and spacing
    of signs, displays, and devices or as to unzoned commercial or
    industrial areas in which signs, displays, and devices may be
    erected and maintained under subsection (d) of this section, or
    with respect to failure to approve under subsection (g) of section
    136, the Secretary shall give written notice to the State of his
    proposed determination and a statement of the reasons therefor, and
    during such period shall give the State an opportunity for a
    hearing on such determination. Following such hearing the Secretary
    shall issue a written order setting forth his final determination
    and shall furnish a copy of such order to the State. Within forty-
    five days of receipt of such order, the State may appeal such
    order to any United States district court for such State, and upon
    the filing of such appeal such order shall be stayed until final
    judgment has been entered on such appeal. Summons may be served at
    any place in the United States. The court shall have jurisdiction
    to affirm the determination of the Secretary or to set it aside, in
    whole or in part. The judgment of the court shall be subject to
    review by the United States court of appeals for the circuit in
    which the State is located and to the Supreme Court of the United
    States upon certiorari or certification as provided in title 28,
    United States Code, section 1254. If any part of an apportionment
    to a State is withheld by the Secretary under subsection (b) of
    this section or subsection (b) of section 136, the amount so
    withheld shall not be reapportioned to the other States as long as
    a suit brought by such State under this subsection is pending. Such
    amount shall remain available for apportionment in accordance with
    the final judgment and this subsection. Funds withheld from
    apportionment and subsequently apportioned or reapportioned under
    this section shall be available for expenditure for three full
    fiscal years after the date of such apportionment or
    reapportionment as the case may be.
      (m) There is authorized to be appropriated to carry out the
    provisions of this section, out of any money in the Treasury not
    otherwise appropriated, not to exceed $20,000,000 for the fiscal
    year ending June 30, 1966, not to exceed $20,000,000 for the fiscal
    year ending June 30, 1967, not to exceed $2,000,000 for the fiscal
    year ending June 30, 1970, not to exceed $27,000,000 for the fiscal
    year ending June 30, 1971, not to exceed $20,500,000 for the fiscal
    year ending June 30, 1972, and not to exceed $50,000,000 for the
    fiscal year ending June 30, 1973. The provisions of this chapter
    relating to the obligation, period of availability and expenditure
    of Federal-aid primary highway funds shall apply to the funds
    authorized to be appropriated to carry out this section after June
    30, 1967. Subject to approval by the Secretary in accordance with
    the program of projects approval process of section 105,(!1) a
    State may use any funds apportioned to it under section 104 of this
    title for removal of any sign, display, or device lawfully erected
    which does not conform to this section.

      (n) No sign, display, or device shall be required to be removed
    under this section if the Federal share of the just compensation to
    be paid upon removal of such sign, display, or device is not
    available to make such payment. Funds apportioned to a State under
    section 104 of this title shall not be treated for purposes of the
    preceding sentence as being available to the State for making such
    a payment except to the extent that the State, in its discretion,
    expends such funds for such a payment.
      (o) The Secretary may approve the request of a State to permit
    retention in specific areas defined by such State of directional
    signs, displays, and devices lawfully erected under State law in
    force at the time of their erection which do not conform to the
    requirements of subsection (c), where such signs, displays, and
    devices are in existence on the date of enactment of this
    subsection and where the State demonstrates that such signs,
    displays, and devices (1) provide directional information about
    goods and services in the interest of the traveling public, and (2)
    are such that removal would work a substantial economic hardship in
    such defined area.
      (p) In the case of any sign, display, or device required to be
    removed under this section prior to the date of enactment of the
    Federal-Aid Highway Act of 1974, which sign, display, or device was
    after its removal lawfully relocated and which as a result of the
    amendments made to this section by such Act is required to be
    removed, the United States shall pay 100 per centum of the just
    compensation for such removal (including all relocation costs).
      (q)(1) During the implementation of State laws enacted to comply
    with this section, the Secretary shall encourage and assist the
    States to develop sign controls and programs which will assure that
    necessary directional information about facilities providing goods
    and services in the interest of the traveling public will continue
    to be available to motorists. To this end the Secretary shall
    restudy and revise as appropriate existing standards for
    directional signs authorized under subsections 131(c)(1) and 131(f)
    to develop signs which are functional and esthetically compatible
    with their surroundings. He shall employ the resources of other
    Federal departments and agencies, including the National Endowment
    for the Arts, and employ maximum participation of private industry
    in the development of standards and systems of signs developed for
    those purposes.
      (2) Among other things the Secretary shall encourage States to
    adopt programs to assure that removal of signs providing necessary
    directional information, which also were providing directional
    information on June 1, 1972, about facilities in the interest of
    the traveling public, be deferred until all other nonconforming
    signs are removed.
      (r) Removal of Illegal Signs. - 
        (1) By owners. - Any sign, display, or device along the
      Interstate System or the Federal-aid primary system which was not
      lawfully erected, shall be removed by the owner of such sign,
      display, or device not later than the 90th day following the
      effective date of this subsection.
        (2) By states. - If any owner does not remove a sign, display,
      or device in accordance with paragraph (1), the State within the
      borders of which the sign, display, or device is located shall
      remove the sign, display, or device. The owner of the removed
      sign, display, or device shall be liable to the State for the
      costs of such removal. Effective control under this section
      includes compliance with the first sentence of this paragraph.

      (s) Scenic Byway Prohibition. - If a State has a scenic byway
    program, the State may not allow the erection along any highway on
    the Interstate System or Federal-aid primary system which before,
    on, or after the effective date of this subsection, is designated
    as a scenic byway under such program of any sign, display, or
    device which is not in conformance with subsection (c) of this
    section. Control of any sign, display, or device on such a highway
    shall be in accordance with this section. In designating a scenic
    byway for purposes of this section and section 1047 of the
    Intermodal Surface Transportation Efficiency Act of 1991, a State
    may exclude from such designation any segment of a highway that is
    inconsistent with the State's criteria for designating State scenic
    byways. Nothing in the preceding sentence shall preclude a State
    from signing any such excluded segment, including such segment on a
    map, or carrying out similar activities, solely for purposes of
    system continuity.
      (t) Primary System Defined. - For purposes of this section, the
    terms "primary system" and "Federal-aid primary system" mean the
    Federal-aid primary system in existence on June 1, 1991, and any
    highway which is not on such system but which is on the National
    Highway System.

-SOURCE-
    (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 904; Pub. L. 86-342, title
    I, Sec. 106, Sept. 21, 1959, 73 Stat. 612; Pub. L. 87-61, title I,
    Sec. 106, June 29, 1961, 75 Stat. 123; Pub. L. 88-157, Sec. 5, Oct.
    24, 1963, 77 Stat. 277; Pub. L. 89-285, title I, Sec. 101, Oct. 22,
    1965, 79 Stat. 1028; Pub. L. 89-574, Sec. 8(a), Sept. 13, 1966, 80
    Stat. 768; Pub. L. 90-495, Sec. 6(a)-(d), Aug. 23, 1968, 82 Stat.
    817; Pub. L. 91-605, title I, Sec. 122(a), Dec. 31, 1970, 84 Stat.
    1726; Pub. L. 93-643, Sec. 109, Jan. 4, 1975, 88 Stat. 2284; Pub.
    L. 94-280, title I, Sec. 122, May 5, 1976, 90 Stat. 438; Pub. L. 95-
    599, title I, Secs. 121, 122, Nov. 6, 1978, 92 Stat. 2700, 2701;
    Pub. L. 96-106, Sec. 6, Nov. 9, 1979, 93 Stat. 797; Pub. L. 102-
    240, title I, Sec. 1046(a)-(c), Dec. 18, 1991, 105 Stat. 1995,
    1996; Pub. L. 102-302, Sec. 104, June 22, 1992, 106 Stat. 253; Pub.
    L. 104-59, title III, Sec. 314, Nov. 28, 1995, 109 Stat. 586; Pub.
    L. 105-178, title I, Sec. 1212(a)(2)(A), June 9, 1998, 112 Stat.
    193.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (d), probably means Pub. L. 89-
    285, Oct. 22, 1965, 79 Stat. 1028, as amended, known as the
    Highway Beautification Act of 1965, which enacted section 136 of
    this title and provisions set out as notes under sections 131 and
    135 of this title and amended sections 131 and 319 of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 136 of this title and Tables.
      Section 105, referred to in subsec. (m), was amended generally by
    Pub. L. 105-178, title I, Sec. 1104(a), June 9, 1998, 112 Stat.
    127, and by Pub. L. 109-59, title I, Sec. 1104(a), Aug. 10, 2005,
    119 Stat. 1163, and, as so amended, no longer refers to program of
    highway project approval process by Secretary.
      The date of enactment of this subsection, referred to in subsec.
    (o), means May 5, 1976, the date of approval of Pub. L. 94-280.
      The date of enactment of the Federal-Aid Highway Act of 1974,
    referred to in subsec. (p), means Jan. 3, 1975, the date of
    approval of Pub. L. 93-643.
      For the effective date of this subsection, referred to in
    subsecs. (r)(1) and (s), see the Effective Date of 1991 Amendment
    note set out below.
      Section 1047 of the Intermodal Surface Transportation Efficiency
    Act of 1991, referred to in subsec. (s), is section 1047 of Pub. L.
    102-240, which is set out as a note under section 101 of this
    title.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (i). Pub. L. 105-178, Sec. 1212(a)(2)(A)(ii),
    substituted "State transportation departments" for "State highway
    departments".
      Subsec. (j). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
    "State transportation department" for "State highway department" in
    two places.
      1995 - Subsec. (s). Pub. L. 104-59 inserted at end "In
    designating a scenic byway for purposes of this section and section
    1047 of the Intermodal Surface Transportation Efficiency Act of
    1991, a State may exclude from such designation any segment of a
    highway that is inconsistent with the State's criteria for
    designating State scenic byways. Nothing in the preceding sentence
    shall preclude a State from signing any such excluded segment,
    including such segment on a map, or carrying out similar
    activities, solely for purposes of system continuity."
      1992 - Subsec. (n). Pub. L. 102-302 inserted at end "Funds
    apportioned to a State under section 104 of this title shall not be
    treated for purposes of the preceding sentence as being available
    to the State for making such a payment except to the extent that
    the State, in its discretion, expends such funds for such a
    payment."
      1991 - Subsec. (m). Pub. L. 102-240, Sec. 1046(a), inserted at
    end "Subject to approval by the Secretary in accordance with the
    program of projects approval process of section 105, a State may
    use any funds apportioned to it under section 104 of this title for
    removal of any sign, display, or device lawfully erected which does
    not conform to this section."
      Subsecs. (r) to (t). Pub. L. 102-240, Sec. 1046(b), (c), added
    subsecs. (r) to (t).
      1979 - Subsec. (c)(5). Pub. L. 96-106 substituted "distribution
    by nonprofit" for "distribution of nonprofit".
      1978 - Subsec. (c). Pub. L. 95-599 Secs. 121, 122(c), inserted
    "including those which may be changed at reasonable intervals by
    electronic process or by remote control," after "devices" in cl.
    (3) and added cl. (5).
      Subsec. (g). Pub. L. 95-599, Sec. 122(a), inserted provision
    relating to just compensation for the removal of signs lawfully
    erected under State law but not permitted under subsec. (c).
      Subsec. (j). Pub. L. 95-599, Sec. 122(d), inserted provision
    relating to permission by the State to erect and maintain
    information displays.
      Subsec. (k). Pub. L. 95-599, Sec. 122(b), substituted "Subject to
    compliance with subsection (g) of this section for the payment of
    just compensation, nothing" for "Nothing".
      1976 - Subsec. (f). Pub. L. 94-280, Sec. 122(a), authorized the
    Secretary, in consultation with the States, to provide within the
    rights-of-way of the primary system for areas in which signs,
    displays, and devices giving specific information in the interest
    of the traveling public may be erected and maintained.
      Subsec. (i). Pub. L. 94-280, Sec. 122(c), authorized a State to
    establish travel information systems within the rights-of-way and
    prescribed as the Federal share of the cost of establishing an
    information center or travel information system the Federal share
    which is provided in section 120 of this title for a highway
    project on that Federal-aid system to be served by such center or
    system.
      Subsecs. (o) to (q). Pub. L. 94-280, Sec. 122(b), added subsecs.
    (o) to (q).
      1975 - Subsec. (b). Pub. L. 93-643, Sec. 109(a), required
    reduction of Federal-aid highway funds apportioned on or after Jan.
    1, 1975, or after the expiration of the next regular session of the
    State legislature, whichever is later, to any State which the
    Secretary determines has not made provision for effective control
    of the erection and maintenance along the Interstate System and the
    primary system of those additional outdoor advertising signs,
    displays, and devices which are more than 660 feet off the nearest
    edge of the right-of-way, located outside of urban areas, visible
    from the main traveled way of the system, and erected with the
    purpose of their message being read from such main traveled way.
      Subsec. (c). Pub. L. 93-643, Sec. 109(b), substituted "Effective
    control means that such signs, displays, or devices after January
    1, 1968, if located within six hundred and sixty feet of the right-
    of-way and, on or after July 1, 1975, or after the expiration of
    the next regular session of the State legislature, whichever is
    later, if located beyond six hundred and sixty feet of the right-of-
    way, located outside of urban areas, visible from the main
    traveled way of the system, and erected with the purpose of their
    message being read from such main traveled way," for "Effective
    control means that after January 1, 1968, such signs, displays, and
    devices", deleted in cl. (1) "other" before "official signs", and
    added cl. (4).
      Subsec. (g). Pub. L. 93-643, Sec. 109(c), substituted first
    sentence reading "Just compensation shall be paid upon the removal
    of any outdoor advertising sign, display, or device lawfully
    erected under State law." for prior first sentence which provided
    for payment of just compensation for removal of outdoor advertising
    signs, displays, and devices (1) lawfully in existence on Oct. 22,
    1965, (2) lawfully on any highway made a part of the interstate or
    primary system on or after Oct. 22, 1965, and before Jan. 1, 1968,
    and (3) lawfully erected on or after Jan. 1, 1968.
      1970 - Subsec. (m). Pub. L. 91-605 authorized to be appropriated
    not to exceed $27,000,000, $20,500,000 and $50,000,000, for the
    fiscal years ending June 30, 1971, 1972, and 1973, respectively.
      1968 - Subsec. (d). Pub. L. 90-495, Sec. 6(a), provided that
    whenever a bona fide State, county, or local zoning authority has
    made a determination of customary use, such determination will be
    accepted in lieu of controls by agreement in the zoned commercial
    and industrial areas within the geographical jurisdiction of such
    authority.
      Subsec. (j). Pub. L. 90-495, Sec. 6(b), struck out provision for
    the imposition of controls on outdoor advertising by the Federal
    government that are stricter than those imposed by the State
    highway department.
      Subsec. (m). Pub. L. 90-495, Sec. 6(c), inserted provision
    authorizing an appropriation of not to exceed $2,000,000 for the
    fiscal year ending June 30, 1970.
      Subsec. (n). Pub. L. 90-495, Sec. 6(d), added subsec. (n).
      1966 - Subsec. (m). Pub. L. 89-574 substituted provisions making
    applicable to the funds authorized to be appropriated to carry out
    this section after June 30, 1967 the provisions of chapter 1 of
    this title relating to the obligation, period of availability and
    expenditure of Federal-aid primary highway funds for provisions
    prohibiting the use of any part of the Highway Trust Fund in
    carrying out this section.
      1965 - Subsec. (a). Pub. L. 89-285 struck out specific reference
    to the area which lies within six-hundred and sixty feet of the
    edge of the right-of-way and which is visible from the right-of-way
    and instead made only general reference to the areas adjacent to
    the Interstate System and struck out reference to types of
    permissible signs.
      Subsec. (b). Pub. L. 89-285 substituted provisions reducing by 10
    per centum the apportioned share, on or after January 1, 1968, of
    any State not making provision for effective control of erection
    and maintenance of outdoor advertising signs, displays and devices
    within six-hundred and sixty feet of the nearest edge of the right
    of way and visible from the traveled portion, reapportioning
    withheld funds to other States, and allowing for suspension of such
    provisions in the discretion of the Secretary, for provisions which
    authorized the Secretary to enter into agreements with the States
    to carry out national policy on control of areas adjacent to the
    Interstate System.
      Subsec. (c). Pub. L. 89-285 substituted provisions setting out
    permissible types of signs as directional and other official signs
    and notices, signs advertising sale or lease of property on which
    the sign is located, and signs, displays, and devices advertising
    activities conducted on the property on which the sign is located,
    for provisions allowing for an increase in the Federal share
    payable under the Federal-Aid Highway Act of 1956, as amended, in
    the case of States entering into an agreement with the Secretary
    prior to July 1, 1965.
      Subsec. (d). Pub. L. 89-285 substituted provisions allowing for
    agreements between the Secretary and the several States covering
    commercial or industrial property, for provisions covering control
    of the adjacent area when the Interstate System is located on or
    near public lands or reservations of the United States.
      Subsec. (e). Pub. L. 89-285 substituted provisions setting out
    the timetable for removal of signs, displays, and devices lawfully
    along Interstate System or Federal-aid primary system highways, for
    provisions allowing the inclusion of the cost of purchase or
    condemnation of the right to advertise or control advertising in
    the area adjacent to Interstate System right-of-way as part of the
    cost of construction.
      Subsecs. (f) to (m). Pub. L. 89-285 added subsecs. (f) to (m).
      1963 - Subsec. (c). Pub. L. 88-157 substituted "July 1, 1965" for
    "July 1, 1963".
      1961 - Subsec. (c). Pub. L. 87-61 substituted "July 1, 1963" for
    "July 1, 1961".
      1959 - Subsec. (b). Pub. L. 86-342 substituted "Agreements
    entered into between the Secretary of Commerce and State highway
    departments under this section shall not apply to those segments of
    the Interstate System which traverse commercial or industrial zones
    within the presently existing boundaries of incorporated
    municipalities wherein the use of real property adjacent to the
    Interstate System is subject to municipal regulation or control, or
    which traverse other areas where the land use, as of the date of
    approval of this Act, is clearly established by State law as
    industrial or commercial" for "Upon application of the State, any
    such agreement may, within the discretion of the Secretary of
    Commerce consistent with the national policy, provide for excluding
    from application of the national standards segments of the
    Interstate System which traverse incorporated municipalities
    wherein the use of real property adjacent to the Interstate System
    is subject to municipal regulation or control, or which traverse
    other areas where the land use is clearly established by State law
    as industrial or commercial."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of this
    title.

           STUDY OF STATE PRACTICES ON SPECIFIC SERVICE SIGNING       
      Pub. L. 105-178, title I, Sec. 1213(g), June 9, 1998, 112 Stat.
    202, provided that:
      "(1) Study. - The Secretary shall conduct a study to determine
    the practices in the States for specific service food signs
    described in sections 2G-5.7 and 2G-5.8 of the Manual on Uniform
    Traffic Control Devices for Streets and Highways. The study shall
    examine, at a minimum - 
        "(A) the practices of all States for determining businesses
      eligible for inclusion on such signs;
        "(B) whether States allow businesses to be removed from such
      signs and the circumstances for such removal;
        "(C) the practices of all States for erecting and maintaining
      such signs, including the time required for erecting such signs;
      and
        "(D) whether States contract out the erection and maintenance
      of such signs.
      "(2) Report. - Not later than 1 year after the date of enactment
    of this Act [June 9, 1998], the Secretary shall transmit to
    Congress a report on the results of the study, including any
    recommendations and, if appropriate, modifications to the Manual."

     EFFECT OF 1991 AMENDMENT ON STATE COMPLIANCE LAWS OR REGULATIONS 
      Section 1046(d) of Pub. L. 102-240 provided that: "The amendments
    made by this section [amending this section] shall not affect the
    status or validity of any existing compliance law or regulation
    adopted by a State pursuant to section 131 of title 23, United
    States Code."

                 USE OF TOURIST ORIENTED DIRECTIONAL SIGNS             
      Section 1059 of Pub. L. 102-240 provided that:
      "(a) In General. - The Secretary shall encourage the States to
    provide for equitable participation in the use of tourist oriented
    directional signs or 'logo' signs along the Interstate System and
    the Federal-aid primary system (as defined under section 131(t) of
    title 23, United States Code).
      "(b) Study. - Not later than 1 year after the effective date of
    this title [Dec. 18, 1991], the Secretary shall conduct a study and
    report to Congress on the participation in the use of signs
    referred to in subsection (a) and the practices of the States with
    respect to the use of such signs."

                     HIGHWAY BEAUTIFICATION COMMISSION                 
      Section 123 of Pub. L. 91-605, as amended by Pub. L. 93-6, Feb.
    16, 1973, 87 Stat. 6, established the Commission on Highway
    Beautification to (1) study existing statutes and regulations
    governing control of outdoor advertising and junkyards in areas
    adjacent to Federal-aid highway system, (2) review policies and
    practices of Federal and State agencies charged with administrative
    jurisdiction over such highways insofar as such policies and
    practices relate to governing control of outdoor advertising and
    junkyards, (3) compile data necessary to understand and determine
    the requirements for such control which may now exist or are likely
    to exist within foreseeable future, (4) study problems relating to
    control of on-premise outdoor advertising signs, promotional signs,
    directional signs, and signs providing information that is
    essential to motoring public, (5) study methods of financing and
    possible sources of Federal funds, including use of the Highway
    Trust Fund, to carry out highway beautification program, and (6)
    recommend such modifications or additions to existing laws,
    regulations, policies, practices, and demonstration programs as
    will, in judgment of the Commission, achieve a workable and
    effective highway beautification program and best serve the public
    interest and to submit, not later than Dec. 31, 1973, its final
    report. The Commission terminated six months after submission of
    said report.

          COMPREHENSIVE STUDY ON HIGHWAY BEAUTIFICATION PROGRAMS      
      Section 302 of Pub. L. 89-285 provided that in order to provide
    the basis for evaluating the continuing programs authorized by Pub.
    L. 89-285, and to furnish the Congress with the information
    necessary for authorization of appropriations for fiscal years
    beginning after June 30, 1967, the Secretary, in cooperation with
    the State highway departments, shall make a detailed estimate of
    the cost of carrying out the provisions of Pub. L. 89-285, and a
    comprehensive study of the economic impact of such programs on
    affected individuals and commercial and industrial enterprises, the
    effectiveness of such programs and the public and private benefits
    realized thereby, and alternate or improved methods of
    accomplishing the objectives of Pub. L. 89-285. The Secretary was
    required to submit such detailed estimate and a report concerning
    such comprehensive study to the Congress not later than Jan. 10,
    1967.

                STANDARDS, CRITERIA, RULES AND REGULATIONS            
      Section 303 of Pub. L. 89-285 mandated the holding of public
    hearings by the Secretary of Commerce prior to the promulgation of
    standards, criteria and rules and regulations necessary to carry
    out this section and section 136 of this title, such standards,
    criteria, etc., to be reported to Congress not later than Jan. 10,
    1967.

                         ACQUISITION OF DWELLINGS                     
      Section 305 of Pub. L. 89-285 provided that: "Nothing in this Act
    or the amendments made by this Act [amending this section and
    section 319 of this title and enacting section 136 of this title
    and provisions set out as notes under this section and sections 135
    and 136 of this title] shall be construed to authorize the use of
    eminent domain to acquire any dwelling (including related
    buildings)."

           TAKING OF PRIVATE PROPERTY WITHOUT JUST COMPENSATION       
      Section 401 of Pub. L. 89-285 provided that: "Nothing in this Act
    or the amendments made by this Act [amending this section and
    section 319 of this title and enacting section 136 of this title
    and provisions set out as notes under sections 131, 135, and 136 of
    this title] shall be construed to authorize private property to be
    taken or the reasonable and existing use restricted by such taking
    without just compensation as provided in this Act."

       AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR ADMINISTRATIVE
                                 EXPENSES
      Section 402 of Pub. L. 89-285, as amended by Pub. L. 97-449, Sec.
    2(a), Jan. 12, 1983, 96 Stat. 2439, provided that: "In addition to
    any other amounts authorized by this Act and the amendments made by
    this Act [amending this section and section 319 of this title and
    enacting section 136 of this title and provisions set out as notes
    under this section and sections 135 and 136 of this title], there
    is authorized to be appropriated, out of any money in the Treasury
    not otherwise appropriated, to the Secretary not to exceed
    $5,000,000 for administrative expenses in carrying out this Act
    (including amendments made by this Act)."

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


-End-



-CITE-
    23 USC Sec. 132                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 132. Payments on Federal-aid projects undertaken by a Federal
      agency

-STATUTE-
      (a) In General. - In a case in which a proposed Federal-aid
    project is to be undertaken by a Federal agency in accordance with
    an agreement between a State and the Federal agency, the State may -
     
        (1) direct the Secretary to transfer the funds for the Federal
      share of the project directly to the Federal agency; or
        (2) make such deposit with, or payment to, the Federal agency
      as is required to meet the obligation of the State under the
      agreement for the work undertaken or to be undertaken by the
      Federal agency.

      (b) Reimbursement. - On execution with a State of a project
    agreement described in subsection (a), the Secretary may reimburse
    the State, using any available funds, for the estimated Federal
    share under this title of the obligation of the State deposited or
    paid under subsection (a)(2).
      (c) Recovery and Crediting of Funds. - Any sums reimbursed to the
    State under this section which may be in excess of the Federal pro
    rata share under the provisions of this title of the State's share
    of the cost as set forth in the approved final voucher submitted by
    the State shall be recovered and credited to the same class of
    funds from which the Federal payment under this section was made.

-SOURCE-
    (Added Pub. L. 86-657, Sec. 4(a), July 14, 1960, 74 Stat. 522;
    amended Pub. L. 109-59, title I, Sec. 1119(b), Aug. 10, 2005, 119
    Stat. 1182.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-59 designated third sentence as subsec. (c),
    inserted heading, and substituted subsecs. (a) and (b) for first
    and second sentences which read as follows: "Where a proposed
    Federal-aid project is to be undertaken by a Federal agency
    pursuant to an agreement between a State and such Federal agency
    and the State makes a deposit with or payment to such Federal
    agency as may be required in fulfillment of the State's obligation
    under such agreement for the work undertaken or to be undertaken by
    such Federal agency, the Secretary, upon execution of a project
    agreement with such State for the proposed Federal-aid project, may
    reimburse the State out of the appropriate appropriations the
    estimated Federal share under the provisions of this title of the
    State's obligation so deposited or paid by such State. Upon
    completion of such project and its acceptance by the Secretary, an
    adjustment shall be made in such Federal share payable on account
    of such project based on the final cost thereof."

-End-



-CITE-
    23 USC Sec. 133                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 133. Surface transportation program

-STATUTE-
      (a) Establishment. - The Secretary shall establish a surface
    transportation program in accordance with this section.
      (b) Eligible Projects. - A State may obligate funds apportioned
    to it under section 104(b)(3) for the surface transportation
    program only for the following:
        (1) Construction, reconstruction, rehabilitation, resurfacing,
      restoration, and operational improvements for highways (including
      Interstate highways) and bridges (including bridges on public
      roads of all functional classifications), including any such
      construction or reconstruction necessary to accommodate other
      transportation modes, and including the seismic retrofit and
      painting of and application of calcium magnesium acetate, sodium
      acetate/formate, or other environmentally acceptable, minimally
      corrosive anti-icing and de-icing compositions on bridges and
      approaches thereto and other elevated structures, mitigation of
      damage to wildlife, habitat, and ecosystems caused by a
      transportation project funded under this title.
        (2) Capital costs for transit projects eligible for assistance
      under chapter 53 of title 49, including vehicles and facilities,
      whether publicly or privately owned, that are used to provide
      intercity passenger service by bus.
        (3) Carpool projects, fringe and corridor parking facilities
      and programs, bicycle transportation and pedestrian walkways in
      accordance with section 217, and the modification of public
      sidewalks to comply with the Americans with Disabilities Act of
      1990 (42 U.S.C. 12101 et seq.).
        (4) Highway and transit safety infrastructure improvements and
      programs, hazard eliminations, projects to mitigate hazards
      caused by wildlife, and railway-highway grade crossings.
        (5) Highway and transit research and development and technology
      transfer programs.
        (6) Capital and operating costs for traffic monitoring,
      management, and control facilities and programs, including
      advanced truck stop electrification systems.
        (7) Surface transportation planning programs.
        (8) Transportation enhancement activities.
        (9) Transportation control measures listed in section
      108(f)(1)(A) (other than clause (xvi)) of the Clean Air Act (42
      U.S.C. 7408(f)(1)(A)).
        (10) Development and establishment of management systems under
      section 303.
        (11) In accordance with all applicable Federal law and
      regulations, participation in natural habitat and wetlands
      mitigation efforts related to projects funded under this title,
      which may include participation in natural habitat and wetlands
      mitigation banks; contributions to statewide and regional efforts
      to conserve, restore, enhance, and create natural habitats and
      wetlands; and development of statewide and regional natural
      habitat and wetlands conservation and mitigation plans, including
      any such banks, efforts, and plans authorized pursuant to the
      Water Resources Development Act of 1990 (including crediting
      provisions). Contributions to such mitigation efforts may take
      place concurrent with or in advance of project construction.
      Contributions toward these efforts may occur in advance of
      project construction only if such efforts are consistent with all
      applicable requirements of Federal law and regulations and State
      transportation planning processes. With respect to participation
      in a natural habitat or wetland mitigation effort related to a
      project funded under this title that has an impact that occurs
      within the service area of a mitigation bank, preference shall be
      given, to the maximum extent practicable, to the use of the
      mitigation bank if the bank contains sufficient available credits
      to offset the impact and the bank is approved in accordance with
      the Federal Guidance for the Establishment, Use and Operation of
      Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or
      other applicable Federal law (including regulations).
        (12) Projects relating to intersections that - 
          (A) have disproportionately high accident rates;
          (B) have high levels of congestion, as evidenced by - 
            (i) interrupted traffic flow at the intersection; and
            (ii) a level of service rating that is not better than "F"
          during peak travel hours, calculated in accordance with the
          Highway Capacity Manual issued by the Transportation Research
          Board; and

          (C) are located on a Federal-aid highway.

        (13) Infrastructure-based intelligent transportation systems
      capital improvements.
        (14) Environmental restoration and pollution abatement in
      accordance with section 328.
        (15) Control of noxious weeds and aquatic noxious weeds and
      establishment of native species in accordance with section 329.

      (c) Location of Projects. - Except as provided in subsection
    (b)(1), surface transportation program projects (other than those
    described in subsections (b)(3) and (4)) may not be undertaken on
    roads functionally classified as local or rural minor collectors,
    unless such roads are on a Federal-aid highway system on January 1,
    1991, and except as approved by the Secretary.
      (d) Allocations of Apportioned Funds. - 
        [(1) Repealed. Pub. L. 109-59, title I, Sec. 1113(b)(1), Aug.
      10, 2005, 119 Stat. 1172.]
        (2) For transportation enhancement activities. - In a fiscal
      year, the greater of 10 percent of the funds apportioned to a
      State under section 104(b)(3) for such fiscal year, or the amount
      set aside under this paragraph with respect to the State for
      fiscal year 2005, shall only be available for transportation
      enhancement activities.
        (3) Division between urbanized areas of over 200,000 population
      and other areas. - 
          (A) General rule. - Except as provided in subparagraph (C),
        62.5 percent of the remaining 90 percent of the funds
        apportioned to a State under section 104(b)(3) for a fiscal
        year shall be obligated under this section - 
            (i) in urbanized areas of the State with an urbanized area
          population of over 200,000, and
            (ii) in other areas of the State,

        in proportion to their relative share of the State's
        population. The remaining 37.5 percent may be obligated in any
        area of the State. Funds attributed to an urbanized area under
        clause (i) may be obligated in the metropolitan area
        established under section 134 which encompasses the urbanized
        area.
          (B) Special rule for areas of less than 5,000 population. -
        Of the amounts required to be obligated under subparagraph
        (A)(ii), the State shall obligate in areas of the State (other
        than urban areas with a population greater than 5,000) an
        amount which is not less than 110 percent of the amount of
        funds apportioned to the State for the Federal-aid secondary
        system for fiscal year 1991.
          (C) Noncontiguous states exemption. - Subparagraph (A) shall
        not apply to Hawaii and Alaska.
          (D) Distribution between urbanized areas of over 200,000
        population. - The amount of funds which a State is required to
        obligate under subparagraph (A)(i) shall be obligated in
        urbanized areas described in subparagraph (A)(i) based on the
        relative population of such areas; except that the State may
        obligate such funds based on other factors if the State and the
        relevant metropolitan planning organizations jointly apply to
        the Secretary for the permission to do so and the Secretary
        grants the request.

        (4) Applicability of planning requirements. - Programming and
      expenditure of funds for projects under this section shall be
      consistent with the requirements of sections 134 and 135 of this
      title.
        (5) Applicability of certain requirements to third party
      sellers. - 
          (A) In general. - Except as provided in subparagraphs (B) and
        (C), in the case of a transportation enhancement activity
        funded from the allocation required under paragraph (2), if
        real property or an interest in real property is to be acquired
        from a qualified organization exclusively for conservation
        purposes (as determined under section 170(h) of the Internal
        Revenue Code of 1986), the organization shall be considered to
        be the owner of the property for the purpose of the Uniform
        Relocation Assistance and Real Property Acquisition Policies
        Act of 1970 (42 U.S.C. 4601 et seq.).
          (B) Federal approval prior to involvement of qualified
        organization. - If Federal approval of the acquisition of the
        real property or interest predates the involvement of a
        qualified organization described in subparagraph (A) in the
        acquisition of the property, the organization shall be
        considered to be an acquiring agency or person as described in
        section 24.101(a)(2) of title 49, Code of Federal Regulations,
        for the purpose of the Uniform Relocation Assistance and Real
        Property Acquisition Policies Act of 1970.
          (C) Acquisitions on behalf of recipients of federal funds. -
        If a qualified organization described in subparagraph (A) has
        contracted with a State transportation department or other
        recipient of Federal funds to acquire the real property or
        interest on behalf of the recipient, the organization shall be
        considered to be an agent of the recipient for the purpose of
        the Uniform Relocation Assistance and Real Property Acquisition
        Policies Act of 1970.

      (e) Administration. - 
        (1) Noncompliance. - If the Secretary determines that a State
      or local government has failed to comply substantially with any
      provision of this section, the Secretary shall notify the State
      that, if the State fails to take corrective action within 60 days
      from the date of receipt of the notification, the Secretary will
      withhold future apportionments under section 104(b)(3) until the
      Secretary is satisfied that appropriate corrective action has
      been taken.
        (2) Program approval. - 
          (A) Submission of project agreement. - For each fiscal year,
        each State shall submit a project agreement that - 
            (i) certifies that the State will meet all the requirements
          of this section; and
            (ii) notifies the Secretary of the amount of obligations
          needed to carry out the program under this section.

          (B) Request for adjustments of amounts. - Each State shall
        request from the Secretary such adjustments to the amount of
        obligations referred to in subparagraph (A)(ii) as the State
        determines to be necessary.
          (C) Effect of approval by the secretary. - Approval by the
        Secretary of a project agreement under subparagraph (A) shall
        be deemed a contractual obligation of the United States to pay
        surface transportation program funds made available under this
        title.

        (3) Payments. - 
          (A) In general. - Except as provided in subparagraph (B), the
        Secretary shall make payments to a State of costs incurred by
        the State for the surface transportation program in accordance
        with procedures to be established by the Secretary.
          (B) Advance payment option for transportation enhancement
        activities. - 
            (i) In general. - The Secretary may advance funds to the
          State for transportation enhancement activities funded from
          the allocation required by subsection (d)(2) for a fiscal
          year.
            (ii) Limitation on amounts. - Amounts advanced under this
          subparagraph shall be limited to such amounts as are
          necessary to make prompt payments for project costs.
            (iii) Effect on other requirements. - This subparagraph
          shall not exempt a State from other requirements of this
          title relating to the surface transportation program.

        (4) Population determinations. - The Secretary shall use
      estimates prepared by the Secretary of Commerce when determining
      population figures for purposes of this section.
        (5) Transportation enhancement activities. - 
          (A) Categorical exclusions. - To the extent appropriate, the
        Secretary shall develop categorical exclusions from the
        requirement that an environmental assessment or an
        environmental impact statement under section 102 of the
        National Environmental Policy Act of 1969 (42 U.S.C. 4332) be
        prepared for transportation enhancement activities funded from
        the allocation required by subsection (d)(2).
          (B) Nationwide programmatic agreement. - The Secretary, in
        consultation with the National Conference of State Historic
        Preservation Officers and the Advisory Council on Historic
        Preservation established under title II of the National
        Historic Preservation Act (16 U.S.C. 470i et seq.), shall
        develop a nationwide programmatic agreement governing the
        review of transportation enhancement activities funded from the
        allocation required by subsection (d)(2), in accordance with - 
            (i) section 106 of such Act (16 U.S.C. 470f); and
            (ii) the regulations of the Advisory Council on Historic
          Preservation.

          (C) Cost sharing. - 
            (i) Required aggregate non-federal share. - The average
          annual non-Federal share of the total cost of all projects to
          carry out transportation enhancement activities in a State
          for a fiscal year shall be not less than the non-Federal
          share authorized for the State under section 120(b).
            (ii) Innovative financing. - Subject to clause (i),
          notwithstanding section 120 - 
              (I) funds from other Federal agencies and the value of
            other contributions (as determined by the Secretary) may be
            credited toward the non-Federal share of the costs of a
            project to carry out a transportation enhancement activity;
              (II) the non-Federal share for such a project may be
            calculated on a project, multiple-project, or program
            basis; and
              (III) the Federal share of the cost of an individual
            project to which subclause (I) or (II) applies may be up to
            100 percent.

      (f) Obligation Authority. - 
        (1) In general. - A State that is required to obligate in an
      urbanized area with an urbanized area population of over 200,000
      individuals under subsection (d) funds apportioned to the State
      under section 104(b)(3) shall make available during the period of
      fiscal years 2004 through 2006 and the period of fiscal years
      2007 through 2009 an amount of obligation authority distributed
      to the State for Federal-aid highways and highway safety
      construction programs for use in the area that is equal to the
      amount obtained by multiplying - 
          (A) the aggregate amount of funds that the State is required
        to obligate in the area under subsection (d) during the period;
        and
          (B) the ratio that - 
            (i) the aggregate amount of obligation authority
          distributed to the State for Federal-aid highways and highway
          safety construction programs during the period; bears to
            (ii) the total of the sums apportioned to the State for
          Federal-aid highways and highway safety construction programs
          (excluding sums not subject to an obligation limitation)
          during the period.

        (2) Joint responsibility. - Each State, each affected
      metropolitan planning organization, and the Secretary shall
      jointly ensure compliance with paragraph (1).

-SOURCE-
    (Added Pub. L. 102-240, title I, Sec. 1007(a)(1), Dec. 18, 1991,
    105 Stat. 1927; amended Pub. L. 103-429, Sec. 3(4), Oct. 31, 1994,
    108 Stat. 4377; Pub. L. 104-59, title III, Secs. 315, 316, Nov. 28,
    1995, 109 Stat. 586, 587; Pub. L. 105-178, title I, Secs. 1108(a)-
    (e), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 138-140, 193; Pub.
    L. 109-59, title I, Sec. 1113(a)-(b)(2), (c)-(e), title VI, Sec.
    6006(a)(2), Aug. 10, 2005, 119 Stat. 1171, 1172, 1872.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Americans with Disabilities Act of 1990, referred to in
    subsec. (b)(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,
    as amended, which is classified principally to chapter 126 (Sec.
    12101 et seq.) of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 12101 of Title 42 and Tables.
      The Water Resources Development Act of 1990, referred to in
    subsec. (b)(11), is Pub. L. 101-640, Nov. 28, 1990, 104 Stat. 4604.
    For complete classification of this Act to the Code, see Short
    Title of 1990 Amendment note set out under section 2201 of Title
    33, Navigation and Navigable Waters, and Tables.
      The Uniform Relocation Assistance and Real Property Acquisition
    Policies Act of 1970, referred to in subsec. (d)(5), is Pub. L. 91-
    646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified
    generally to chapter 61 (Sec. 4601 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 4601 of Title 42
    and Tables.
      Section 170(h) of the Internal Revenue Code of 1986, referred to
    in subsec. (d)(5)(A), is classified to section 170(h) of Title 26,
    Internal Revenue Code.
      The National Historic Preservation Act, referred to in subsec.
    (e)(5)(B), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as
    amended. Title II of the Act is classified generally to part B
    (Sec. 470i et seq.) of subchapter II of chapter 1A of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see section 470 of Title 16 and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 133, Pub. L. 87-866, Sec. 5(a), Oct. 23, 1962, 76
    Stat. 1146, provided for relocation assistance for persons
    displaced by Federal-aid highway construction, prior to repeal by
    Pub. L. 90-495, Sec. 37, Aug. 23, 1968, 82 Stat. 836, effective
    July 1, 1970. See section 501 et seq. of this title.

                                AMENDMENTS                            
      2005 - Subsec. (b)(6). Pub. L. 109-59, Sec. 1113(a)(1), inserted
    ", including advanced truck stop electrification systems" before
    period at end.
      Subsec. (b)(12). Pub. L. 109-59, Sec. 1113(a)(2), added par.
    (12).
      Subsec. (b)(14), (15). Pub. L. 109-59, Sec. 6006(a)(2), added
    pars. (14) and (15) and struck out former par. (14) which read as
    follows: "Environmental restoration and pollution abatement
    projects (including the retrofit or construction of storm water
    treatment systems) to address water pollution or environmental
    degradation caused or contributed to by transportation facilities,
    which projects shall be carried out when the transportation
    facilities are undergoing reconstruction, rehabilitation,
    resurfacing, or restoration; except that the expenditure of funds
    under this section for any such environmental restoration or
    pollution abatement project shall not exceed 20 percent of the
    total cost of the reconstruction, rehabilitation, resurfacing, or
    restoration project."
      Subsec. (d)(1). Pub. L. 109-59, Sec. 1113(b)(1), struck out
    heading and text of par. (1). Text read as follows: "10 percent of
    the funds apportioned to a State under section 104(b)(3) for the
    surface transportation program for a fiscal year shall only be
    available for carrying out sections 130 and 152 of this title. Of
    the funds set aside under the preceding sentence, the State shall
    reserve in such fiscal year an amount of such funds for carrying
    out each such section which is not less than the amount of funds
    apportioned to the State in fiscal year 1991 under such section."
      Subsec. (d)(2). Pub. L. 109-59, Sec. 1113(c), substituted "In a
    fiscal year, the greater of 10 percent of the funds apportioned to
    a State under section 104(b)(3) for such fiscal year, or the amount
    set aside under this paragraph with respect to the State for fiscal
    year 2005," for "10 percent of the funds apportioned to a State
    under section 104(b)(3) for a fiscal year".
      Subsec. (d)(3)(A). Pub. L. 109-59, Sec. 1113(b)(2)(A)(ii),
    substituted "90 percent" for "80 percent" in introductory
    provisions.
      Pub. L. 109-59, Sec. 1113(b)(2)(A)(i), substituted "subparagraph
    (C)" for "subparagraphs (C) and (D)" in introductory provisions.
      Subsec. (d)(3)(B). Pub. L. 109-59, Sec. 1113(b)(2)(B),
    substituted "to be" for "tobe".
      Subsec. (d)(3)(C) to (E). Pub. L. 109-59, Sec. 1113(b)(2)(C),
    redesignated subpar. (D) as (C), inserted period at end,
    redesignated par. (E) as (D), and struck out former subpar. (C)
    which related to special rule in the case of a State in which
    greater than 80 percent of the population of the State was located
    in 1 or more metropolitan statistical areas, and greater than 80
    percent of the land area of such State was owned by the United
    States.
      Subsec. (f). Pub. L. 109-59, Sec. 1113(e), amended directory
    language of Pub. L. 105-178, Sec. 1108(e). See 1998 Amendment note
    below.
      Subsec. (f)(1). Pub. L. 109-59, Sec. 1113(d), substituted "2004
    through 2006" for "1998 through 2000" and "2007 through 2009" for
    "2001 through 2003" in introductory provisions.
      1998 - Subsec. (b)(1). Pub. L. 105-178, Sec. 1108(a)(1), inserted
    ", sodium acetate/formate, or other environmentally acceptable,
    minimally corrosive anti-icing and de-icing compositions" after
    "calcium magnesium acetate".
      Subsec. (b)(2). Pub. L. 105-178, Sec. 1108(a)(2), substituted ",
    including vehicles and facilities, whether publicly or privately
    owned, that are used to provide intercity passenger service by bus"
    for "and publicly owned intracity or intercity bus terminals and
    facilities".
      Subsec. (b)(3). Pub. L. 105-178, Sec. 1108(a)(3), substituted
    "bicycle" for "and bicycle" and inserted before period at end ",
    and the modification of public sidewalks to comply with the
    Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)".
      Subsec. (b)(4). Pub. L. 105-178, Sec. 1108(a)(4), substituted
    "Highway and transit safety infrastructure" for "Highway and
    transit safety".
      Subsec. (b)(9). Pub. L. 105-178, Sec. 1108(a)(5), substituted
    "section 108(f)(1)(A) (other than clause (xvi)) of the Clean Air
    Act (42 U.S.C. 7408(f)(1)(A))" for "section 108(f)(1)(A) (other
    than clauses (xii) and (xvi)) of the Clean Air Act".
      Subsec. (b)(11). Pub. L. 105-178, Sec. 1108(a)(6), in first
    sentence, inserted "natural habitat and" after "participation in"
    in two places and also before "wetlands conservation and mitigation
    plans" and substituted "enhance, and create natural habitats and
    wetlands" for "enhance and create wetlands" and inserted at end
    "With respect to participation in a natural habitat or wetland
    mitigation effort related to a project funded under this title that
    has an impact that occurs within the service area of a mitigation
    bank, preference shall be given, to the maximum extent practicable,
    to the use of the mitigation bank if the bank contains sufficient
    available credits to offset the impact and the bank is approved in
    accordance with the Federal Guidance for the Establishment, Use and
    Operation of Mitigation Banks (60 Fed. Reg. 58605 (November 28,
    1995)) or other applicable Federal law (including regulations)."
      Subsec. (b)(13), (14). Pub. L. 105-178, Sec. 1108(a)(7), added
    pars. (13) and (14).
      Subsec. (d)(3)(D). Pub. L. 105-178, Sec. 1108(b)(1), substituted
    "Hawaii and Alaska" for "any State which is noncontiguous with the
    continental United States."
      Subsec. (d)(5)(C). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),
    substituted "State transportation department" for "State highway
    department".
      Subsec. (e)(2). Pub. L. 105-178, Sec. 1108(c), added par. (2) and
    struck out heading and text of former par. (2). Text read as
    follows: "The Governor of each State shall certify before the
    beginning of each quarter of a fiscal year that the State will meet
    all the requirements of this section and shall notify the Secretary
    of the amount of obligations expected to be incurred for surface
    transportation program projects during such quarter. A State may
    request adjustment to the obligation amounts later in each of such
    quarters. Acceptance of the notification and certification shall be
    deemed a contractual obligation of the United States for the
    payment of the surface transportation program funds expected to be
    obligated by the State in such quarter for projects not subject to
    review by the Secretary under this chapter."
      Subsec. (e)(3)(A). Pub. L. 105-178, Sec. 1108(d), struck out at
    end "Payments shall not exceed the Federal share of costs incurred
    as of the date the State requests payments."
      Subsec. (e)(3)(B)(i). Pub. L. 105-178, Sec. 1108(b)(2)(A), struck
    out before period at end "if the Secretary certifies for the fiscal
    year that the State has authorized and uses a process for the
    selection of transportation enhancement projects that involves
    representatives of affected public entities, and private citizens,
    with expertise related to transportation enhancement activities".
      Subsec. (e)(5)(C). Pub. L. 105-178, Sec. 1108(b)(2)(B), added
    subpar. (C).
      Subsec. (f). Pub. L. 105-178, Sec. 1108(e), as amended by Pub. L.
    109-59, Sec. 1113(e), amended heading and text of subsec. (f)
    generally. Prior to amendment, text read as follows: "A State which
    is required to obligate in an urbanized area with an urbanized area
    population of over 200,000 under subsection (d) funds apportioned
    to it under section 104(b)(3) shall allocate during the 6-fiscal
    year period 1992 through 1997 an amount of obligation authority
    distributed to the State for Federal-aid highways and highway
    safety construction for use in such area determined by multiplying -
     
        "(1) the aggregate amount of funds which the State is required
      to obligate in such area under subsection (d) during such period;
      by
        "(2) the ratio of the aggregate amount of obligation authority
      distributed to the State for Federal-aid highways and highway
      safety construction during such period to the total sums
      apportioned to the State for Federal-aid highways and highway
      safety construction (excluding sums not subject to an obligation
      limitation) during such period."
      1995 - Subsec. (d)(5). Pub. L. 104-59, Sec. 315, added par. (5).
      Subsec. (e)(3). Pub. L. 104-59, Sec. 316(1), designated existing
    provisions as subpar. (A), inserted subpar. (A) heading, realigned
    margins, substituted "Except as provided in subparagraph (B), the"
    for "The", and added subpar. (B).
      Subsec. (e)(5). Pub. L. 104-59, Sec. 316(2), added par. (5).
      1994 - Subsec. (b)(2). Pub. L. 103-429 substituted "chapter 53 of
    title 49" for "the Federal Transit Act".

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-59, title I, Sec. 1113(b)(3), Aug. 10, 2005, 119
    Stat. 1172, provided that: "Paragraph (1) and paragraph (2)(A)(ii)
    of this subsection [amending this section] shall take effect
    October 1, 2005."
      Pub. L. 109-59, title I, Sec. 1113(c), Aug. 10, 2005, 119 Stat.
    1172, provided that the amendment made by section 1113(c) is
    effective Oct. 1, 2005.
      Pub. L. 109-59, title I, Sec. 1113(e), Aug. 10, 2005, 119 Stat.
    1172, provided that the amendment made by section 1113(e) is
    effective June 9, 1998.

                              EFFECTIVE DATE                          
      Section effective Dec. 18, 1991, and applicable to funds
    authorized to be appropriated or made available after Sept. 30,
    1991, and, with certain exceptions, not applicable to funds
    appropriated or made available on or before Sept. 30, 1991, see
    section 1100 of Pub. L. 102-240, set out as an Effective Date of
    1991 Amendment note under section 104 of this title.

       DIVISION OF STP FUNDS FOR AREAS OF LESS THAN 5,000 POPULATION   
      Pub. L. 105-178, title I, Sec. 1108(f), June 9, 1998, 112 Stat.
    141, provided that:
      "(1) Special rule. - Notwithstanding section 133(c) of title 23,
    United States Code, and except as provided in paragraph (2), up to
    15 percent of the amounts required to be obligated under section
    133(d)(3)(B) of such title for each of fiscal years 1998 through
    2003 may be obligated on roads functionally classified as minor
    collectors.
      "(2) Suspension. - The Secretary may suspend the application of
    paragraph (1) if the Secretary determines that paragraph (1) is
    being used excessively."

        ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS    
      Pub. L. 105-178, title I, Sec. 1108(g), June 9, 1998, 112 Stat.
    141, provided that: "The Secretary shall encourage the States to
    enter into contracts and cooperative agreements with qualified
    youth conservation or service corps to perform appropriate
    transportation enhancement activities under chapter 1 of title 23,
    United States Code."

-End-



-CITE-
    23 USC Sec. 134                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 134. Metropolitan transportation planning

-STATUTE-
      (a) Policy. - It is in the national interest to - 
        (1) encourage and promote the safe and efficient management,
      operation, and development of surface transportation systems that
      will serve the mobility needs of people and freight and foster
      economic growth and development within and between States and
      urbanized areas, while minimizing transportation-related fuel
      consumption and air pollution through metropolitan and statewide
      transportation planning processes identified in this chapter; and
        (2) encourage the continued improvement and evolution of the
      metropolitan and statewide transportation planning processes by
      metropolitan planning organizations, State departments of
      transportation, and public transit operators as guided by the
      planning factors identified in subsection (h) and section 135(d).

      (b) Definitions. - In this section and section 135, the following
    definitions apply:
        (1) Metropolitan planning area. - The term "metropolitan
      planning area" means the geographic area determined by agreement
      between the metropolitan planning organization for the area and
      the Governor under subsection (e).
        (2) Metropolitan planning organization. - The term
      "metropolitan planning organization" means the policy board of an
      organization created as a result of the designation process in
      subsection (d).
        (3) Nonmetropolitan area. - The term "nonmetropolitan area"
      means a geographic area outside designated metropolitan planning
      areas.
        (4) Nonmetropolitan local official. - The term "nonmetropolitan
      local official" means elected and appointed officials of general
      purpose local government in a nonmetropolitan area with
      responsibility for transportation.
        (5) TIP. - The term "TIP" means a transportation improvement
      program developed by a metropolitan planning organization under
      subsection (j).
        (6) Urbanized area. - The term "urbanized area" means a
      geographic area with a population of 50,000 or more, as
      designated by the Bureau of the Census.

      (c) General Requirements. - 
        (1) Development of long-range plans and tips. - To accomplish
      the objectives in subsection (a), metropolitan planning
      organizations designated under subsection (d), in cooperation
      with the State and public transportation operators, shall develop
      long-range transportation plans and transportation improvement
      programs for metropolitan planning areas of the State.
        (2) Contents. - The plans and TIPs for each metropolitan area
      shall provide for the development and integrated management and
      operation of transportation systems and facilities (including
      accessible pedestrian walkways and bicycle transportation
      facilities) that will function as an intermodal transportation
      system for the metropolitan planning area and as an integral part
      of an intermodal transportation system for the State and the
      United States.
        (3) Process of development. - The process for developing the
      plans and TIPs shall provide for consideration of all modes of
      transportation and shall be continuing, cooperative, and
      comprehensive to the degree appropriate, based on the complexity
      of the transportation problems to be addressed.

      (d) Designation of Metropolitan Planning Organizations. - 
        (1) In general. - To carry out the transportation planning
      process required by this section, a metropolitan planning
      organization shall be designated for each urbanized area with a
      population of more than 50,000 individuals - 
          (A) by agreement between the Governor and units of general
        purpose local government that together represent at least 75
        percent of the affected population (including the largest
        incorporated city (based on population) as named by the Bureau
        of the Census); or
          (B) in accordance with procedures established by applicable
        State or local law.

        (2) Structure. - Each metropolitan planning organization that
      serves an area designated as a transportation management area,
      when designated or redesignated under this subsection, shall
      consist of - 
          (A) local elected officials;
          (B) officials of public agencies that administer or operate
        major modes of transportation in the metropolitan area; and
          (C) appropriate State officials.

        (3) Limitation on statutory construction. - Nothing in this
      subsection shall be construed to interfere with the authority,
      under any State law in effect on December 18, 1991, of a public
      agency with multimodal transportation responsibilities to - 
          (A) develop the plans and TIPs for adoption by a metropolitan
        planning organization; and
          (B) develop long-range capital plans, coordinate transit
        services and projects, and carry out other activities pursuant
        to State law.

        (4) Continuing designation. - A designation of a metropolitan
      planning organization under this subsection or any other
      provision of law shall remain in effect until the metropolitan
      planning organization is redesignated under paragraph (5).
        (5) Redesignation procedures. - A metropolitan planning
      organization may be redesignated by agreement between the
      Governor and units of general purpose local government that
      together represent at least 75 percent of the existing planning
      area population (including the largest incorporated city (based
      on population) as named by the Bureau of the Census) as
      appropriate to carry out this section.
        (6) Designation of more than 1 metropolitan planning
      organization. - More than 1 metropolitan planning organization
      may be designated within an existing metropolitan planning area
      only if the Governor and the existing metropolitan planning
      organization determine that the size and complexity of the
      existing metropolitan planning area make designation of more than
      1 metropolitan planning organization for the area appropriate.

      (e) Metropolitan Planning Area Boundaries. - 
        (1) In general. - For the purposes of this section, the
      boundaries of a metropolitan planning area shall be determined by
      agreement between the metropolitan planning organization and the
      Governor.
        (2) Included area. - Each metropolitan planning area - 
          (A) shall encompass at least the existing urbanized area and
        the contiguous area expected to become urbanized within a 20-
        year forecast period for the transportation plan; and
          (B) may encompass the entire metropolitan statistical area or
        consolidated metropolitan statistical area, as defined by the
        Bureau of the Census.

        (3) Identification of new urbanized areas within existing
      planning area boundaries. - The designation by the Bureau of the
      Census of new urbanized areas within an existing metropolitan
      planning area shall not require the redesignation of the existing
      metropolitan planning organization.
        (4) Existing metropolitan planning areas in nonattainment. -
      Notwithstanding paragraph (2), in the case of an urbanized area
      designated as a nonattainment area for ozone or carbon monoxide
      under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date
      of enactment of the SAFETEA-LU, the boundaries of the
      metropolitan planning area in existence as of such date of
      enactment shall be retained; except that the boundaries may be
      adjusted by agreement of the Governor and affected metropolitan
      planning organizations in the manner described in subsection
      (d)(5).
        (5) New metropolitan planning areas in nonattainment. - In the
      case of an urbanized area designated after the date of enactment
      of the SAFETEA-LU, as a nonattainment area for ozone or carbon
      monoxide, the boundaries of the metropolitan planning area - 
          (A) shall be established in the manner described in
        subsection (d)(1);
          (B) shall encompass the areas described in paragraph (2)(A);
          (C) may encompass the areas described in paragraph (2)(B);
        and
          (D) may address any nonattainment area identified under the
        Clean Air Act for ozone or carbon monoxide.

      (f) Coordination in Multistate Areas. - 
        (1) In general. - The Secretary shall encourage each Governor
      with responsibility for a portion of a multistate metropolitan
      area and the appropriate metropolitan planning organizations to
      provide coordinated transportation planning for the entire
      metropolitan area.
        (2) Interstate compacts. - The consent of Congress is granted
      to any two or more States - 
          (A) to enter into agreements or compacts, not in conflict
        with any law of the United States, for cooperative efforts and
        mutual assistance in support of activities authorized under
        this section as the activities pertain to interstate areas and
        localities within the States; and
          (B) to establish such agencies, joint or otherwise, as the
        States may determine desirable for making the agreements and
        compacts effective.

        (3) Lake tahoe region. - 
          (A) Definition. - In this paragraph, the term "Lake Tahoe
        region" has the meaning given the term "region" in subdivision
        (a) of article II of the Tahoe Regional Planning Compact, as
        set forth in the first section of Public Law 96-551 (94 Stat.
        3234).
          (B) Transportation planning process. - The Secretary shall - 
            (i) establish with the Federal land management agencies
          that have jurisdiction over land in the Lake Tahoe region a
          transportation planning process for the region; and
            (ii) coordinate the transportation planning process with
          the planning process required of State and local governments
          under this section and section 135.

          (C) Interstate compact. - 
            (i) In general. - Subject to clause (ii), and
          notwithstanding subsection (b), to carry out the
          transportation planning process required by this section, the
          consent of Congress is granted to the States of California
          and Nevada to designate a metropolitan planning organization
          for the Lake Tahoe region, by agreement between the Governors
          of the States of California and Nevada and units of general
          purpose local government that together represent at least 75
          percent of the affected population (including the central
          city or cities (as defined by the Bureau of the Census)), or
          in accordance with procedures established by applicable State
          or local law.
            (ii) Involvement of federal land management agencies. - 
              (I) Representation. - The policy board of a metropolitan
            planning organization designated under clause (i) shall
            include a representative of each Federal land management
            agency that has jurisdiction over land in the Lake Tahoe
            region.
              (II) Funding. - In addition to funds made available to
            the metropolitan planning organization for the Lake Tahoe
            region under other provisions of this title and under
            chapter 53 of title 49, 1 percent of the funds allocated
            under section 202 shall be used to carry out the
            transportation planning process for the Lake Tahoe region
            under this subparagraph.

          (D) Activities. - Highway projects included in transportation
        plans developed under this paragraph - 
            (i) shall be selected for funding in a manner that
          facilitates the participation of the Federal land management
          agencies that have jurisdiction over land in the Lake Tahoe
          region; and
            (ii) may, in accordance with chapter 2, be funded using
          funds allocated under section 202.

        (4) Reservation of rights. - The right to alter, amend, or
      repeal interstate compacts entered into under this subsection is
      expressly reserved.

      (g) MPO Consultation in Plan and TIP Coordination. - 
        (1) Nonattainment areas. - If more than 1 metropolitan planning
      organization has authority within a metropolitan area or an area
      which is designated as a nonattainment area for ozone or carbon
      monoxide under the Clean Air Act, each metropolitan planning
      organization shall consult with the other metropolitan planning
      organizations designated for such area and the State in the
      coordination of plans and TIPs required by this section.
        (2) Transportation improvements located in multiple mpos. - If
      a transportation improvement, funded from the Highway Trust Fund
      or authorized under chapter 53 of title 49, is located within the
      boundaries of more than 1 metropolitan planning area, the
      metropolitan planning organizations shall coordinate plans and
      TIPs regarding the transportation improvement.
        (3) Relationship with other planning officials. - The Secretary
      shall encourage each metropolitan planning organization to
      consult with officials responsible for other types of planning
      activities that are affected by transportation in the area
      (including State and local planned growth, economic development,
      environmental protection, airport operations, and freight
      movements) or to coordinate its planning process, to the maximum
      extent practicable, with such planning activities. Under the
      metropolitan planning process, transportation plans and TIPs
      shall be developed with due consideration of other related
      planning activities within the metropolitan area, and the process
      shall provide for the design and delivery of transportation
      services within the metropolitan area that are provided by - 
          (A) recipients of assistance under chapter 53 of title 49;
          (B) governmental agencies and nonprofit organizations
        (including representatives of the agencies and organizations)
        that receive Federal assistance from a source other than the
        Department of Transportation to provide nonemergency
        transportation services; and
          (C) recipients of assistance under section 204.

      (h) Scope of Planning Process. - 
        (1) In general. - The metropolitan planning process for a
      metropolitan planning area under this section shall provide for
      consideration of projects and strategies that will - 
          (A) support the economic vitality of the metropolitan area,
        especially by enabling global competitiveness, productivity,
        and efficiency;
          (B) increase the safety of the transportation system for
        motorized and nonmotorized users;
          (C) increase the security of the transportation system for
        motorized and nonmotorized users;
          (D) increase the accessibility and mobility of people and for
        freight;
          (E) protect and enhance the environment, promote energy
        conservation, improve the quality of life, and promote
        consistency between transportation improvements and State and
        local planned growth and economic development patterns;
          (F) enhance the integration and connectivity of the
        transportation system, across and between modes, for people and
        freight;
          (G) promote efficient system management and operation; and
          (H) emphasize the preservation of the existing transportation
        system.

        (2) Failure to consider factors. - The failure to consider any
      factor specified in paragraph (1) shall not be reviewable by any
      court under this title or chapter 53 of title 49, subchapter II
      of chapter 5 of title 5, or chapter 7 of title 5 in any matter
      affecting a transportation plan, a TIP, a project or strategy, or
      the certification of a planning process.

      (i) Development of Transportation Plan. - 
        (1) In general. - Each metropolitan planning organization shall
      prepare and update a transportation plan for its metropolitan
      planning area in accordance with the requirements of this
      subsection. The metropolitan planning organization shall prepare
      and update such plan every 4 years (or more frequently, if the
      metropolitan planning organization elects to update more
      frequently) in the case of each of the following:
          (A) Any area designated as nonattainment, as defined in
        section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
          (B) Any area that was nonattainment and subsequently
        designated to attainment in accordance with section 107(d)(3)
        of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a
        maintenance plan under section 175A of that Act (42 U.S.C.
        7505a).

      In the case of any other area required to have a transportation
      plan in accordance with the requirements of this subsection, the
      metropolitan planning organization shall prepare and update such
      plan every 5 years unless the metropolitan planning organization
      elects to update more frequently.
        (2) Transportation plan. - A transportation plan under this
      section shall be in a form that the Secretary determines to be
      appropriate and shall contain, at a minimum, the following:
          (A) Identification of transportation facilities. - An
        identification of transportation facilities (including major
        roadways, transit, multimodal and intermodal facilities, and
        intermodal connectors) that should function as an integrated
        metropolitan transportation system, giving emphasis to those
        facilities that serve important national and regional
        transportation functions. In formulating the transportation
        plan, the metropolitan planning organization shall consider
        factors described in subsection (h) as such factors relate to a
        20-year forecast period.
          (B) Mitigation activities. - 
            (i) In general. - A long-range transportation plan shall
          include a discussion of types of potential environmental
          mitigation activities and potential areas to carry out these
          activities, including activities that may have the greatest
          potential to restore and maintain the environmental functions
          affected by the plan.
            (ii) Consultation. - The discussion shall be developed in
          consultation with Federal, State, and tribal wildlife, land
          management, and regulatory agencies.

          (C) Financial plan. - A financial plan that demonstrates how
        the adopted transportation plan can be implemented, indicates
        resources from public and private sources that are reasonably
        expected to be made available to carry out the plan, and
        recommends any additional financing strategies for needed
        projects and programs. The financial plan may include, for
        illustrative purposes, additional projects that would be
        included in the adopted transportation plan if reasonable
        additional resources beyond those identified in the financial
        plan were available. For the purpose of developing the
        transportation plan, the metropolitan planning organization,
        transit operator, and State shall cooperatively develop
        estimates of funds that will be available to support plan
        implementation.
          (D) Operational and management strategies. - Operational and
        management strategies to improve the performance of existing
        transportation facilities to relieve vehicular congestion and
        maximize the safety and mobility of people and goods.
          (E) Capital investment and other strategies. - Capital
        investment and other strategies to preserve the existing and
        projected future metropolitan transportation infrastructure and
        provide for multimodal capacity increases based on regional
        priorities and needs.
          (F) Transportation and transit enhancement activities. -
        Proposed transportation and transit enhancement activities.

        (3) Coordination with clean air act agencies. - In metropolitan
      areas which are in nonattainment for ozone or carbon monoxide
      under the Clean Air Act, the metropolitan planning organization
      shall coordinate the development of a transportation plan with
      the process for development of the transportation control
      measures of the State implementation plan required by the Clean
      Air Act.
        (4) Consultation. - 
          (A) In general. - In each metropolitan area, the metropolitan
        planning organization shall consult, as appropriate, with State
        and local agencies responsible for land use management, natural
        resources, environmental protection, conservation, and historic
        preservation concerning the development of a long-range
        transportation plan.
          (B) Issues. - The consultation shall involve, as appropriate -
         
            (i) comparison of transportation plans with State
          conservation plans or maps, if available; or
            (ii) comparison of transportation plans to inventories of
          natural or historic resources, if available.

        (5) Participation by interested parties. - 
          (A) In general. - Each metropolitan planning organization
        shall provide citizens, affected public agencies,
        representatives of public transportation employees, freight
        shippers, providers of freight transportation services, private
        providers of transportation, representatives of users of public
        transportation, representatives of users of pedestrian walkways
        and bicycle transportation facilities, representatives of the
        disabled, and other interested parties with a reasonable
        opportunity to comment on the transportation plan.
          (B) Contents of participation plan. - A participation plan - 
            (i) shall be developed in consultation with all interested
          parties; and
            (ii) shall provide that all interested parties have
          reasonable opportunities to comment on the contents of the
          transportation plan.

          (C) Methods. - In carrying out subparagraph (A), the
        metropolitan planning organization shall, to the maximum extent
        practicable - 
            (i) hold any public meetings at convenient and accessible
          locations and times;
            (ii) employ visualization techniques to describe plans; and
            (iii) make public information available in electronically
          accessible format and means, such as the World Wide Web, as
          appropriate to afford reasonable opportunity for
          consideration of public information under subparagraph (A).

        (6) Publication. - A transportation plan involving Federal
      participation shall be published or otherwise made readily
      available by the metropolitan planning organization for public
      review, including (to the maximum extent practicable) in
      electronically accessible formats and means, such as the World
      Wide Web, approved by the metropolitan planning organization and
      submitted for information purposes to the Governor at such times
      and in such manner as the Secretary shall establish.
        (7) Selection of projects from illustrative list. -
      Notwithstanding paragraph (2)(C), a State or metropolitan
      planning organization shall not be required to select any project
      from the illustrative list of additional projects included in the
      financial plan under paragraph (2)(C).

      (j) Metropolitan TIP. - 
        (1) Development. - 
          (A) In general. - In cooperation with the State and any
        affected public transportation operator, the metropolitan
        planning organization designated for a metropolitan area shall
        develop a TIP for the area for which the organization is
        designated.
          (B) Opportunity for comment. - In developing the TIP, the
        metropolitan planning organization, in cooperation with the
        State and any affected public transportation operator, shall
        provide an opportunity for participation by interested parties
        in the development of the program, in accordance with
        subsection (i)(5).
          (C) Funding estimates. - For the purpose of developing the
        TIP, the metropolitan planning organization, public
        transportation agency, and State shall cooperatively develop
        estimates of funds that are reasonably expected to be available
        to support program implementation.
          (D) Updating and approval. - The TIP shall be updated at
        least once every 4 years and shall be approved by the
        metropolitan planning organization and the Governor.

        (2) Contents. - 
          (A) Priority list. - The TIP shall include a priority list of
        proposed federally supported projects and strategies to be
        carried out within each 4-year period after the initial
        adoption of the TIP.
          (B) Financial plan. - The TIP shall include a financial plan
        that - 
            (i) demonstrates how the TIP can be implemented;
            (ii) indicates resources from public and private sources
          that are reasonably expected to be available to carry out the
          program;
            (iii) identifies innovative financing techniques to finance
          projects, programs, and strategies; and
            (iv) may include, for illustrative purposes, additional
          projects that would be included in the approved TIP if
          reasonable additional resources beyond those identified in
          the financial plan were available.

          (C) Descriptions. - Each project in the TIP shall include
        sufficient descriptive material (such as type of work, termini,
        length, and other similar factors) to identify the project or
        phase of the project.

        (3) Included projects. - 
          (A) Projects under this title and chapter 53 of title 49. - A
        TIP developed under this subsection for a metropolitan area
        shall include the projects within the area that are proposed
        for funding under chapter 1 of this title and chapter 53 of
        title 49.
          (B) Projects under chapter 2. - 
            (i) Regionally significant projects. - Regionally
          significant projects proposed for funding under chapter 2
          shall be identified individually in the transportation
          improvement program.
            (ii) Other projects. - Projects proposed for funding under
          chapter 2 that are not determined to be regionally
          significant shall be grouped in one line item or identified
          individually in the transportation improvement program.

          (C) Consistency with long-range transportation plan. - Each
        project shall be consistent with the long-range transportation
        plan developed under subsection (i) for the area.
          (D) Requirement of anticipated full funding. - The program
        shall include a project, or an identified phase of a project,
        only if full funding can reasonably be anticipated to be
        available for the project within the time period contemplated
        for completion of the project.

        (4) Notice and comment. - Before approving a TIP, a
      metropolitan planning organization, in cooperation with the State
      and any affected public transportation operator, shall provide an
      opportunity for participation by interested parties in the
      development of the program, in accordance with subsection (i)(5).
        (5) Selection of projects. - 
          (A) In general. - Except as otherwise provided in subsection
        (k)(4) and in addition to the TIP development required under
        paragraph (1), the selection of federally funded projects in
        metropolitan areas shall be carried out, from the approved TIP -
         
            (i) by - 
              (I) in the case of projects under this title, the State;
            and
              (II) in the case of projects under chapter 53 of title
            49, the designated recipients of public transportation
            funding; and

            (ii) in cooperation with the metropolitan planning
          organization.

          (B) Modifications to project priority. - Notwithstanding any
        other provision of law, action by the Secretary shall not be
        required to advance a project included in the approved TIP in
        place of another project in the program.

        (6) Selection of projects from illustrative list. - 
          (A) No required selection. - Notwithstanding paragraph
        (2)(B)(iv), a State or metropolitan planning organization shall
        not be required to select any project from the illustrative
        list of additional projects included in the financial plan
        under paragraph (2)(B)(iv).
          (B) Required action by the secretary. - Action by the
        Secretary shall be required for a State or metropolitan
        planning organization to select any project from the
        illustrative list of additional projects included in the
        financial plan under paragraph (2)(B)(iv) for inclusion in an
        approved TIP.

        (7) Publication. - 
          (A) Publication of tips. - A TIP involving Federal
        participation shall be published or otherwise made readily
        available by the metropolitan planning organization for public
        review.
          (B) Publication of annual listings of projects. - An annual
        listing of projects, including investments in pedestrian
        walkways and bicycle transportation facilities, for which
        Federal funds have been obligated in the preceding year shall
        be published or otherwise made available by the cooperative
        effort of the State, transit operator, and metropolitan
        planning organization for public review. The listing shall be
        consistent with the categories identified in the TIP.

      (k) Transportation Management Areas. - 
        (1) Identification and designation. - 
          (A) Required identification. - The Secretary shall identify
        as a transportation management area each urbanized area (as
        defined by the Bureau of the Census) with a population of over
        200,000 individuals.
          (B) Designations on request. - The Secretary shall designate
        any additional area as a transportation management area on the
        request of the Governor and the metropolitan planning
        organization designated for the area.

        (2) Transportation plans. - In a metropolitan planning area
      serving a transportation management area, transportation plans
      shall be based on a continuing and comprehensive transportation
      planning process carried out by the metropolitan planning
      organization in cooperation with the State and public
      transportation operators.
        (3) Congestion management process. - Within a metropolitan
      planning area serving a transportation management area, the
      transportation planning process under this section shall address
      congestion management through a process that provides for
      effective management and operation, based on a cooperatively
      developed and implemented metropolitan-wide strategy, of new and
      existing transportation facilities eligible for funding under
      this title and chapter 53 of title 49 through the use of travel
      demand reduction and operational management strategies. The
      Secretary shall establish an appropriate phase-in schedule for
      compliance with the requirements of this section but no sooner
      than 1 year after the identification of a transportation
      management area.
        (4) Selection of projects. - 
          (A) In general. - All federally funded projects carried out
        within the boundaries of a metropolitan planning area serving a
        transportation management area under this title (excluding
        projects carried out on the National Highway System and
        projects carried out under the bridge program or the Interstate
        maintenance program) or under chapter 53 of title 49 shall be
        selected for implementation from the approved TIP by the
        metropolitan planning organization designated for the area in
        consultation with the State and any affected public
        transportation operator.
          (B) National highway system projects. - Projects carried out
        within the boundaries of a metropolitan planning area serving a
        transportation management area on the National Highway System
        and projects carried out within such boundaries under the
        bridge program or the Interstate maintenance program under this
        title shall be selected for implementation from the approved
        TIP by the State in cooperation with the metropolitan planning
        organization designated for the area.

        (5) Certification. - 
          (A) In general. - The Secretary shall - 
            (i) ensure that the metropolitan planning process of a
          metropolitan planning organization serving a transportation
          management area is being carried out in accordance with
          applicable provisions of Federal law; and
            (ii) subject to subparagraph (B), certify, not less often
          than once every 4 years, that the requirements of this
          paragraph are met with respect to the metropolitan planning
          process.

          (B) Requirements for certification. - The Secretary may make
        the certification under subparagraph (A) if - 
            (i) the transportation planning process complies with the
          requirements of this section and other applicable
          requirements of Federal law; and
            (ii) there is a TIP for the metropolitan planning area that
          has been approved by the metropolitan planning organization
          and the Governor.

          (C) Effect of failure to certify. - 
            (i) Withholding of project funds. - If a metropolitan
          planning process of a metropolitan planning organization
          serving a transportation management area is not certified,
          the Secretary may withhold up to 20 percent of the funds
          attributable to the metropolitan planning area of the
          metropolitan planning organization for projects funded under
          this title and chapter 53 of title 49.
            (ii) Restoration of withheld funds. - The withheld funds
          shall be restored to the metropolitan planning area at such
          time as the metropolitan planning process is certified by the
          Secretary.

          (D) Review of certification. - In making certification
        determinations under this paragraph, the Secretary shall
        provide for public involvement appropriate to the metropolitan
        area under review.

      (l) Abbreviated Plans for Certain Areas. - 
        (1) In general. - Subject to paragraph (2), in the case of a
      metropolitan area not designated as a transportation management
      area under this section, the Secretary may provide for the
      development of an abbreviated transportation plan and TIP for the
      metropolitan planning area that the Secretary determines is
      appropriate to achieve the purposes of this section, taking into
      account the complexity of transportation problems in the area.
        (2) Nonattainment areas. - The Secretary may not permit
      abbreviated plans or TIPs for a metropolitan area that is in
      nonattainment for ozone or carbon monoxide under the Clean Air
      Act.

      (m) Additional Requirements for Certain Nonattainment Areas. - 
        (1) In general. - Notwithstanding any other provisions of this
      title or chapter 53 of title 49, for transportation management
      areas classified as nonattainment for ozone or carbon monoxide
      pursuant to the Clean Air Act, Federal funds may not be advanced
      in such area for any highway project that will result in a
      significant increase in the carrying capacity for single-occupant
      vehicles unless the project is addressed through a congestion
      management process.
        (2) Applicability. - This subsection applies to a nonattainment
      area within the metropolitan planning area boundaries determined
      under subsection (e).

      (n) Limitation on Statutory Construction. - Nothing in this
    section shall be construed to confer on a metropolitan planning
    organization the authority to impose legal requirements on any
    transportation facility, provider, or project not eligible under
    this title or chapter 53 of title 49.
      (o) Funding. - Funds set aside under section 104(f) of this title
    or section 5305(g) of title 49 shall be available to carry out this
    section.
      (p) Continuation of Current Review Practice. - Since plans and
    TIPs described in this section are subject to a reasonable
    opportunity for public comment, since individual projects included
    in plans and TIPs are subject to review under the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
    since decisions by the Secretary concerning plans and TIPs
    described in this section have not been reviewed under such Act as
    of January 1, 1997, any decision by the Secretary concerning a plan
    or TIP described in this section shall not be considered to be a
    Federal action subject to review under such Act.

-SOURCE-
    (Added Pub. L. 87-866, Sec. 9(a), Oct. 23, 1962, 76 Stat. 1148;
    amended Pub. L. 91-605, title I, Sec. 143, Dec. 31, 1970, 84 Stat.
    1737; Pub. L. 95-599, title I, Sec. 169, Nov. 6, 1978, 92 Stat.
    2723; Pub. L. 102-240, title I, Sec. 1024(a), Dec. 18, 1991, 105
    Stat. 1955; Pub. L. 102-388, title V, Sec. 502(b), Oct. 6, 1992,
    106 Stat. 1566; Pub. L. 103-429, Sec. 3(5), Oct. 31, 1994, 108
    Stat. 4377; Pub. L. 104-59, title III, Sec. 317, Nov. 28, 1995, 109
    Stat. 588; Pub. L. 105-178, title I, Sec. 1203(a)-(m), (o), June 9,
    1998, 112 Stat. 170-179; Pub. L. 105-206, title IX, Sec. 9003(c),
    July 22, 1998, 112 Stat. 839; Pub. L. 109-59, title VI, Sec.
    6001(a), Aug. 10, 2005, 119 Stat. 1839.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsecs. (e)(4), (5)(D),
    (g)(1), (i)(3), (l)(2), and (m)(1), is act July 14, 1955, ch. 360,
    69 Stat. 322, as amended, which is classified generally to chapter
    85 (Sec. 7401 et seq.) of Title 42, The Public Health and Welfare.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 7401 of Title 42 and Tables.
      The date of enactment of the SAFETEA-LU, referred to in subsec.
    (e)(4), (5), is the date of enactment of Pub. L. 109-59, which was
    approved Aug. 10, 2005.
      Public Law 96-551, referred to in subsec. (f)(3)(A), is Pub. L.
    96-551, Dec. 19, 1980, 94 Stat. 3233, which is not classified to
    the Code.
      The National Environmental Policy Act of 1969, referred to in
    subsec. (p), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-59 amended section catchline and text
    generally, substituting provisions relating to metropolitan
    transportation planning for provisions relating to, in subsec. (a),
    general requirements for development of transportation plans and
    programs for urbanized areas, in subsec. (b), designation of
    metropolitan planning organizations, in subsec. (c), determination
    of metropolitan planning area boundaries, in subsec. (d),
    coordination of transportation planning in multistate metropolitan
    areas, in subsec. (e), coordination of metropolitan planning
    organizations, in subsec. (f), scope of the planning process, in
    subsec. (g), development of a long-range transportation plan, in
    subsec. (h), development of a metropolitan area transportation
    improvement program, in subsec. (i), designation of transportation
    management areas, in subsec. (j), abbreviated plans and programs
    for areas not designated as transportation management areas, in
    subsec. (k), transfer of funds, in subsec. (l), additional
    requirements for nonattainment areas under the Clean Air Act,in
    subsec. (m), limitation on statutory construction, in subsec. (n),
    funding, and in subsec. (o), review of plans and programs under the
    National Environmental Policy Act of 1969.
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1203(a), reenacted
    heading without change and amended text of subsec. (a) generally.
    Prior to amendment, text read as follows: "It is in the national
    interest to encourage and promote the development of transportation
    systems embracing various modes of transportation in a manner which
    will efficiently maximize mobility of people and goods within and
    through urbanized areas and minimize transportation-related fuel
    consumption and air pollution. To accomplish this objective,
    metropolitan planning organizations, in cooperation with the State,
    shall develop transportation plans and programs for urbanized areas
    of the State. Such plans and programs shall provide for the
    development of transportation facilities (including pedestrian
    walkways and bicycle transportation facilities) which will function
    as an intermodal transportation system for the State, the
    metropolitan areas, and the Nation. The process for developing such
    plans and programs shall provide for consideration of all modes of
    transportation and shall be continuing, cooperative, and
    comprehensive to the degree appropriate, based on the complexity of
    the transportation problems."
      Subsec. (b)(1), (2). Pub. L. 105-178, Sec. 1203(b)(1), added
    pars. (1) and (2) and struck out former pars. (1) and (2) which
    read as follows:
      "(1) In general. - To carry out the transportation planning
    process required by this section, a metropolitan planning
    organization shall be designated for each urbanized area of more
    than 50,000 population by agreement among the Governor and units of
    general purpose local government which together represent at least
    75 percent of the affected population (including the central city
    or cities as defined by the Bureau of the Census) or in accordance
    with procedures established by applicable State or local law.
      "(2) Membership of certain mpo's. - In a metropolitan area
    designated as a transportation management area, the metropolitan
    planning organization designated for such area shall include local
    elected officials, officials of agencies which administer or
    operate major modes of transportation in the metropolitan area
    (including all transportation agencies included in the metropolitan
    planning organization on June 1, 1991) and appropriate State
    officials. This paragraph shall only apply to a metropolitan
    planning organization which is redesignated after the date of the
    enactment of this section."
      Subsec. (b)(4). Pub. L. 105-178, Sec. 1203(b)(2), reenacted
    heading without change and amended text of par. (4) generally.
    Prior to amendment, text read as follows: "Designations of
    metropolitan planning organizations, whether made under this
    section or other provisions of law, shall remain in effect until
    redesignated under paragraph (5) or revoked by agreement among the
    Governor and units of general purpose local government which
    together represent at least 75 percent of the affected population
    or as otherwise provided under State or local procedures."
      Subsec. (b)(5)(A). Pub. L. 105-178, Sec. 1203(b)(3), substituted
    "agreement between the Governor" for "agreement among the Governor"
    and "government that together represent" for "government which
    together represent".
      Subsec. (b)(6). Pub. L. 105-178, Sec. 1203(b)(4), amended heading
    and text of par. (6) generally. Prior to amendment, text read as
    follows: "More than 1 metropolitan planning organization may be
    designated within an urbanized area as defined by the Bureau of the
    Census only if the Governor determines that the size and complexity
    of the urbanized area make designation of more than 1 metropolitan
    planning organization for such area appropriate."
      Subsec. (c). Pub. L. 105-178, Sec. 1203(c), inserted "Planning"
    before "Area" in subsec. heading, designated first sentence as par.
    (1), inserted par. heading, and inserted "planning" before "area",
    added pars. (2) to (4), realigned margins, and struck out at end
    "Each metropolitan area shall cover at least the existing urbanized
    area and the contiguous area expected to become urbanized within
    the 20-year forecast period and may encompass the entire
    metropolitan statistical area or consolidated metropolitan
    statistical area, as defined by the Bureau of the Census. For areas
    designated as nonattainment areas for ozone or carbon monoxide
    under the Clean Air Act, the boundaries of the metropolitan area
    shall at least include the boundaries of the nonattainment area,
    except as otherwise provided by agreement between the metropolitan
    planning organization and the Governor."
      Subsec. (d). Pub. L. 105-178, Sec. 1203(d), reenacted heading
    without change and amended text of subsec. (d) generally. Prior to
    amendment, text read as follows:
      "(1) In general. - The Secretary shall establish such
    requirements as the Secretary considers appropriate to encourage
    Governors and metropolitan planning organizations with
    responsibility for a portion of a multi-State metropolitan area to
    provide coordinated transportation planning for the entire
    metropolitan area.
      "(2) Compacts. - The consent of Congress is hereby given to any 2
    or more States to enter into agreements or compacts, not in
    conflict with any law of the United States, for cooperative efforts
    and mutual assistance in support of activities authorized under
    this section as such activities pertain to interstate areas and
    localities within such States and to establish such agencies, joint
    or otherwise, as such States may deem desirable for making such
    agreements and compacts effective."
      Subsec. (e). Pub. L. 105-178, Sec. 1203(e), substituted "MPOs"
    for "MPO's" in subsec. heading, designated existing provisions as
    par. (1) and inserted par. heading, added par. (2), and realigned
    margins.
      Subsec. (f). Pub. L. 105-178, Sec. 1203(f), amended heading and
    text of subsec. (f) generally, substituting provisions relating to
    scope of planning process for provisions relating to factors to be
    considered in developing transportation plans and programs.
      Subsec. (g). Pub. L. 105-178, Sec. 1203(g)(6), substituted "Long-
    Range Transportation Plan" for "Long Range Plan" in heading.
      Subsec. (g)(1). Pub. L. 105-178, Sec. 1203(g)(8), substituted
    "long-range transportation plan" for "long range plan".
      Subsec. (g)(2). Pub. L. 105-178, Sec. 1203(g)(1), (7), (8),
    substituted "Long-range transportation plan" for "Long range plan"
    in heading and substituted "long-range transportation plan" for
    "long range plan" and "contain, at a minimum, the following" for ",
    at a minimum" in introductory provisions.
      Subsec. (g)(2)(A). Pub. L. 105-178, Sec. 1203(g)(2), (8),
    substituted "An identification of" for "Identify" and "long-range
    transportation plan" for "long range plan".
      Subsec. (g)(2)(B). Pub. L. 105-178, Sec. 1203(g)(3), added
    subpar. (B) and struck out former subpar. (B) which read as
    follows: "Include a financial plan that demonstrates how the long-
    range plan can be implemented, indicates resources from public and
    private sources that are reasonably expected to be made available
    to carry out the plan, and recommends any innovative financing
    techniques to finance needed projects and programs, including such
    techniques as value capture, tolls and congestion pricing."
      Subsec. (g)(3). Pub. L. 105-178, Sec. 1203(g)(8), substituted
    "long-range transportation plan" for "long range plan".
      Subsec. (g)(4). Pub. L. 105-178, Sec. 1203(g)(4), (8),
    substituted "long-range transportation plan" for "long range plan"
    in two places and inserted "freight shippers, providers of freight
    transportation services," after "transportation agency employees,"
    and "representatives of users of public transit," after "private
    providers of transportation,".
      Subsec. (g)(5). Pub. L. 105-178, Sec. 1203(g)(7), (8),
    substituted "long-range transportation plan" for "long range plan"
    in heading and in introductory provisions.
      Subsec. (g)(6). Pub. L. 105-178, Sec. 1203(g)(5), added par. (6).
      Subsec. (h). Pub. L. 105-178, Sec. 1203(h), amended heading and
    text of subsec. (h) generally. Prior to amendment, text related to
    transportation improvement program, providing for development of
    program, priority and selection of projects, major capital
    investments, requirement of inclusion of projects within area
    proposed for funding, and provision of reasonable notice and
    opportunity to comment for interested citizens.
      Subsec. (h)(5)(A). Pub. L. 105-178, Sec. 1203(o), as added by
    Pub. L. 105-206, Sec. 9003(c), struck out "for implementation"
    after "federally funded projects" in introductory provisions.
      Subsec. (i)(1). Pub. L. 105-178, Sec. 1203(i)(1), reenacted
    heading without change and amended text of par. (1) generally.
    Prior to amendment, text read as follows: "The Secretary shall
    designate as transportation management areas all urbanized areas
    over 200,000 population. The Secretary shall designate any
    additional area as a transportation management area upon the
    request of the Governor and the metropolitan planning organization
    designated for such area or the affected local officials. Such
    additional areas shall include upon such a request the Lake Tahoe
    Basin as defined by Public Law 96-551."
      Subsec. (i)(4). Pub. L. 105-178, Sec. 1203(i)(2), reenacted
    heading without change and amended text of par. (4) generally.
    Prior to amendment, text read as follows: "All projects carried out
    within the boundaries of a transportation management area with
    Federal participation pursuant to this title (excluding projects
    undertaken on the National Highway System and pursuant to the
    bridge and Interstate maintenance programs) or pursuant to chapter
    53 of title 49 shall be selected by the metropolitan planning
    organization designated for such area in consultation with the
    State and in conformance with the transportation improvement
    program for such area and priorities established therein. Projects
    undertaken within the boundaries of a transportation management
    area on the National Highway System or pursuant to the bridge and
    Interstate maintenance programs shall be selected by the State in
    cooperation with the metropolitan planning organization designated
    for such area and shall be in conformance with the transportation
    improvement program for such area."
      Subsec. (i)(5). Pub. L. 105-178, Sec. 1203(i)(3), reenacted
    heading without change and amended text of par. (5) generally.
    Prior to amendment, text read as follows: "The Secretary shall
    assure that each metropolitan planning organization in each
    transportation management area is carrying out its responsibilities
    under applicable provisions of Federal law, and shall so certify at
    least once every 3 years. The Secretary may make such certification
    only if (1) a metropolitan planning organization is complying with
    the requirements of this section and other applicable requirements
    of Federal law, and (2) there is a transportation improvement
    program for the area that has been approved by the metropolitan
    planning organization and the Governor. If after September 30,
    1993, a metropolitan planning organization is not certified by the
    Secretary, the Secretary may withhold, in whole or in part, the
    apportionment under section 104(b)(3) attributed to the relevant
    metropolitan area pursuant to section 133(d)(3) and capital funds
    apportioned under the formula program under section 5336 of title
    49. If a metropolitan planning organization remains uncertified for
    more than 2 consecutive years after September 30, 1994, 20 percent
    of the apportionment attributed to that metropolitan area under
    section 133(d)(3) and capital funds apportioned under the formula
    program under section 5336 of title 49 shall be withheld. The
    withheld apportionments shall be restored to the metropolitan area
    at such time as the metropolitan planning organization is certified
    by the Secretary. The Secretary shall not withhold certification
    under this section based upon the policies and criteria established
    by a metropolitan planning organization or transit grant recipient
    for determining the feasibility of private enterprise participation
    in accordance with section 5306(a) of title 49."
      Subsec. (j). Pub. L. 105-178, Sec. 1203(j), reenacted heading
    without change and amended text of subsec. (j) generally. Prior to
    amendment, text read as follows: "For metropolitan areas not
    designated as transportation management areas under this section,
    the Secretary may provide for the development of abbreviated
    metropolitan transportation plans and programs that the Secretary
    determines to be appropriate to achieve the purposes of this
    section, taking into account the complexity of transportation
    problems, including transportation related air quality problems, in
    such areas. In no event shall the Secretary provide abbreviated
    plans or programs for metropolitan areas which are in nonattainment
    for ozone or carbon monoxide under the Clean Air Act."
      Subsec. (l). Pub. L. 105-178, Sec. 1203(k), designated existing
    provisions as par. (1), inserted heading, and added par. (2).
      Subsec. (n). Pub. L. 105-178, Sec. 1203(l), amended heading and
    text of subsec. (n) generally. Prior to amendment, text read as
    follows: "Any funds set aside pursuant to section 104(f) of this
    title that are not used for the purpose of carrying out this
    section may be made available by the metropolitan planning
    organization to the State for the purpose of funding activities
    under section 135."
      Subsec. (o). Pub. L. 105-178, Sec. 1203(m), added subsec. (o).
      1995 - Subsec. (f)(16). Pub. L. 104-59 added par. (16).
      1994 - Subsecs. (h)(5), (i)(3), (4). Pub. L. 103-429, Sec.
    3(5)(A), substituted "chapter 53 of title 49" for "the Federal
    Transit Act".
      Subsec. (i)(5). Pub. L. 103-429, Sec. 3(5)(B), substituted
    "section 5336 of title 49" for "section 9 of the Federal Transit
    Act" in two places and "section 5306(a) of title 49" for "section
    8(o) of the Federal Transit Act".
      Subsec. (k). Pub. L. 103-429, Sec. 3(5)(C), (D), substituted
    "chapter 53 of title 49" for "the Federal Transit Act" wherever
    appearing and "chapter 53 funds" for "Federal Transit Act funds".
      Subsecs. (l), (m). Pub. L. 103-429, Sec. 3(5)(C), substituted
    "chapter 53 of title 49" for "the Federal Transit Act".
      1992 - Subsec. (k). Pub. L. 102-388 inserted at end "The
    provisions of title 23, United States Code, regarding the non-
    Federal share shall apply to title 23 funds used for transit
    projects and the provisions of the Federal Transit Act regarding
    non-Federal share shall apply to Federal Transit Act funds used for
    highway projects."
      1991 - Pub. L. 102-240 substituted section catchline for one
    which read: "Transportation planning in certain urban areas" and
    amended text generally, substituting present provisions for
    provisions relating to transportation planning in certain urban
    areas, including provisions stating transportation objectives,
    requiring continuing comprehensive planning process by States and
    local communities, and relating to redesignation of metropolitan
    planning organizations, designation of contiguous interstate areas
    as critical transportation regions and corridors, establishment of
    planning bodies for such regions and corridors, and authorization
    of appropriations.
      1978 - Subsec. (a). Pub. L. 95-599, Sec. 169(a), inserted
    provisions related to cooperation with local officials and specific
    considerations in the planning process.
      Subsecs. (b), (c). Pub. L. 95-599, Sec. 169(b), added subsec. (b)
    and redesignated former subsec. (b) as (c).
      1970 - Pub. L. 91-605 designated existing provisions as subsec.
    (a), inserted provision prohibiting a highway construction project
    in any urban area of 50,000 or more population unless responsible
    public officials of such area have been consulted and their views
    considered with respect to the corridor, the location, and the
    design of the project, and added subsec. (b).

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                        SCHEDULE FOR IMPLEMENTATION                    
      Pub. L. 109-59, title VI, Sec. 6001(b), Aug. 10, 2005, 119 Stat.
    1857, provided that: "The Secretary [of Transportation] shall issue
    guidance on a schedule for implementation of the changes made by
    this section [amending this section and section 135 of this title],
    taking into consideration the established planning update cycle for
    States and metropolitan planning organizations. The Secretary shall
    not require a State or metropolitan planning organization to
    deviate from its established planning update cycle to implement
    changes made by this section. Beginning July 1, 2007, State or
    metropolitan planning organization plan or program updates shall
    reflect changes made by this section."

      DEMONSTRATION PROJECT FOR RESTRICTED ACCESS TO CENTRAL BUSINESS
                      DISTRICT OF METROPOLITAN AREAS
      Section 155 of Pub. L. 95-599 authorized Secretary of
    Transportation to carry out a demonstration project in a
    metropolitan area respecting the restriction of access of motor
    vehicles to the central business district during peak hours of
    traffic, authorized the necessary appropriations, and required
    progress reports and a final report and recommendations not later
    than three years after Nov. 6, 1978.

       REDUCTION OF URBAN BLIGHT ADJACENT TO FEDERAL-AID PRIMARY AND
         INTERSTATE HIGHWAYS LOCATED IN CENTRAL BUSINESS DISTRICTS
      Section 159 of Pub. L. 95-599 directed Secretary to conduct a
    study and submit a report to Congress not later than two years
    after Nov. 6, 1978, respecting the potential for reducing urban
    blight adjacent to Federal-aid primary and interstate highways
    located in central business districts.

                            URBAN SYSTEM STUDY                        
      Pub. L. 94-280, title I, Sec. 149, May 5, 1976, 90 Stat. 447,
    directed Secretary of Transportation to conduct a study of the
    factors involved in planning, selection, etc., of Federal-aid urban
    system routes including an analysis of organizations carrying out
    the planning process, the status of jurisdiction over roads,
    programing responsibilities under local and State laws, and
    authority of local units, such study to be submitted to Congress
    within six months of May 5, 1976.

                   FRINGE PARKING DEMONSTRATION PROJECTS               
      Pub. L. 90-495, Sec. 11, Aug. 23, 1968, 82 Stat. 820, authorized
    Secretary to approve construction of publicly owned parking
    facilities under this title until June 30, 1971, as a demonstration
    project, authorized the Federal share of any project under this
    section to be 50%, prevented approval of projects by the Secretary
    unless the State or political subdivision thereof where the project
    is located can construct, maintain, and operate the facility,
    unless the Secretary has entered into an agreement with the State
    or political subdivision governing the financing, maintenance, and
    operation of the facility, and unless the Secretary has approved
    design standards for construction of the facility, defined "parking
    facilities", permitted a State or political subdivision to contract
    for the operation of such facility, prohibited approval of the
    project by the Secretary unless it is carried on in accordance with
    section 134 of this title (this section), and required annual
    reports to Congress on the demonstration projects approved under
    this section, prior to repeal by Pub. L. 91-605, title I, Sec.
    134(c), Dec. 31, 1970, 84 Stat. 1734. See section 137 of this
    title.

-End-



-CITE-
    23 USC Sec. 135                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 135. Statewide transportation planning

-STATUTE-
      (a) General Requirements. - 
        (1) Development of plans and programs. - To accomplish the
      objectives stated in section 134(a), each State shall develop a
      statewide transportation plan and a statewide transportation
      improvement program for all areas of the State, subject to
      section 134.
        (2) Contents. - The statewide transportation plan and the
      transportation improvement program developed for each State shall
      provide for the development and integrated management and
      operation of transportation systems and facilities (including
      accessible pedestrian walkways and bicycle transportation
      facilities) that will function as an intermodal transportation
      system for the State and an integral part of an intermodal
      transportation system for the United States.
        (3) Process of development. - The process for developing the
      statewide plan and the transportation improvement program shall
      provide for consideration of all modes of transportation and the
      policies stated in section 134(a), and shall be continuing,
      cooperative, and comprehensive to the degree appropriate, based
      on the complexity of the transportation problems to be addressed.

      (b) Coordination With Metropolitan Planning; State Implementation
    Plan. - A State shall - 
        (1) coordinate planning carried out under this section with the
      transportation planning activities carried out under section 134
      for metropolitan areas of the State and with statewide trade and
      economic development planning activities and related multistate
      planning efforts; and
        (2) develop the transportation portion of the State
      implementation plan as required by the Clean Air Act (42 U.S.C.
      7401 et seq.).

      (c) Interstate Agreements. - 
        (1) In general. - The consent of Congress is granted to two or
      more States entering into agreements or compacts, not in conflict
      with any law of the United States, for cooperative efforts and
      mutual assistance in support of activities authorized under this
      section related to interstate areas and localities in the States
      and establishing authorities the States consider desirable for
      making the agreements and compacts effective.
        (2) Reservation of rights. - The right to alter, amend, or
      repeal interstate compacts entered into under this subsection is
      expressly reserved.

      (d) Scope of Planning Process. - 
        (1) In general. - Each State shall carry out a statewide
      transportation planning process that provides for consideration
      and implementation of projects, strategies, and services that
      will - 
          (A) support the economic vitality of the United States, the
        States, nonmetropolitan areas, and metropolitan areas,
        especially by enabling global competitiveness, productivity,
        and efficiency;
          (B) increase the safety of the transportation system for
        motorized and nonmotorized users;
          (C) increase the security of the transportation system for
        motorized and nonmotorized users;
          (D) increase the accessibility and mobility of people and
        freight;
          (E) protect and enhance the environment, promote energy
        conservation, improve the quality of life, and promote
        consistency between transportation improvements and State and
        local planned growth and economic development patterns;
          (F) enhance the integration and connectivity of the
        transportation system, across and between modes throughout the
        State, for people and freight;
          (G) promote efficient system management and operation; and
          (H) emphasize the preservation of the existing transportation
        system.

        (2) Failure to consider factors. - The failure to consider any
      factor specified in paragraph (1) shall not be reviewable by any
      court under this title or chapter 53 of title 49, subchapter II
      of chapter 5 of title 5, or chapter 7 of title 5 in any matter
      affecting a statewide transportation plan, the transportation
      improvement program, a project or strategy, or the certification
      of a planning process.

      (e) Additional Requirements. - In carrying out planning under
    this section, each State shall consider, at a minimum - 
        (1) with respect to nonmetropolitan areas, the concerns of
      affected local officials with responsibility for transportation;
        (2) the concerns of Indian tribal governments and Federal land
      management agencies that have jurisdiction over land within the
      boundaries of the State; and
        (3) coordination of transportation plans, the transportation
      improvement program, and planning activities with related
      planning activities being carried out outside of metropolitan
      planning areas and between States.

      (f) Long-Range Statewide Transportation Plan. - 
        (1) Development. - Each State shall develop a long-range
      statewide transportation plan, with a minimum 20-year forecast
      period for all areas of the State, that provides for the
      development and implementation of the intermodal transportation
      system of the State.
        (2) Consultation with governments. - 
          (A) Metropolitan areas. - The statewide transportation plan
        shall be developed for each metropolitan area in the State in
        cooperation with the metropolitan planning organization
        designated for the metropolitan area under section 134.
          (B) Nonmetropolitan areas. - With respect to nonmetropolitan
        areas, the statewide transportation plan shall be developed in
        consultation with affected nonmetropolitan officials with
        responsibility for transportation. The Secretary shall not
        review or approve the consultation process in each State.
          (C) Indian tribal areas. - With respect to each area of the
        State under the jurisdiction of an Indian tribal government,
        the statewide transportation plan shall be developed in
        consultation with the tribal government and the Secretary of
        the Interior.
          (D) Consultation, comparison, and consideration. - 
            (i) In general. - The long-range transportation plan shall
          be developed, as appropriate, in consultation with State,
          tribal, and local agencies responsible for land use
          management, natural resources, environmental protection,
          conservation, and historic preservation.
            (ii) Comparison and consideration. - Consultation under
          clause (i) shall involve comparison of transportation plans
          to State and tribal conservation plans or maps, if available,
          and comparison of transportation plans to inventories of
          natural or historic resources, if available.

        (3) Participation by interested parties. - 
          (A) In general. - In developing the statewide transportation
        plan, the State shall provide citizens, affected public
        agencies, representatives of public transportation employees,
        freight shippers, private providers of transportation,
        representatives of users of public transportation,
        representatives of users of pedestrian walkways and bicycle
        transportation facilities, representatives of the disabled,
        providers of freight transportation services, and other
        interested parties with a reasonable opportunity to comment on
        the proposed plan.
          (B) Methods. - In carrying out subparagraph (A), the State
        shall, to the maximum extent practicable - 
            (i) hold any public meetings at convenient and accessible
          locations and times;
            (ii) employ visualization techniques to describe plans; and
            (iii) make public information available in electronically
          accessible format and means, such as the World Wide Web, as
          appropriate to afford reasonable opportunity for
          consideration of public information under subparagraph (A).

        (4) Mitigation activities. - 
          (A) In general. - A long-range transportation plan shall
        include a discussion of potential environmental mitigation
        activities and potential areas to carry out these activities,
        including activities that may have the greatest potential to
        restore and maintain the environmental functions affected by
        the plan.
          (B) Consultation. - The discussion shall be developed in
        consultation with Federal, State, and tribal wildlife, land
        management, and regulatory agencies.

        (5) Financial plan. - The statewide transportation plan may
      include a financial plan that demonstrates how the adopted
      statewide transportation plan can be implemented, indicates
      resources from public and private sources that are reasonably
      expected to be made available to carry out the plan, and
      recommends any additional financing strategies for needed
      projects and programs. The financial plan may include, for
      illustrative purposes, additional projects that would be included
      in the adopted statewide transportation plan if reasonable
      additional resources beyond those identified in the financial
      plan were available.
        (6) Selection of projects from illustrative list. - A State
      shall not be required to select any project from the illustrative
      list of additional projects included in the financial plan
      described in paragraph (5).
        (7) Existing system. - The statewide transportation plan should
      include capital, operations and management strategies,
      investments, procedures, and other measures to ensure the
      preservation and most efficient use of the existing
      transportation system.
        (8) Publication of long-range transportation plans. - Each long-
      range transportation plan prepared by a State shall be published
      or otherwise made available, including (to the maximum extent
      practicable) in electronically accessible formats and means, such
      as the World Wide Web.

      (g) Statewide Transportation Improvement Program. - 
        (1) Development. - Each State shall develop a statewide
      transportation improvement program for all areas of the State.
      Such program shall cover a period of 4 years and be updated every
      4 years or more frequently if the Governor elects to update more
      frequently.
        (2) Consultation with governments. - 
          (A) Metropolitan areas. - With respect to each metropolitan
        area in the State, the program shall be developed in
        cooperation with the metropolitan planning organization
        designated for the metropolitan area under section 134.
          (B) Nonmetropolitan areas. - With respect to each
        nonmetropolitan area in the State, the program shall be
        developed in consultation with affected nonmetropolitan local
        officials with responsibility for transportation. The Secretary
        shall not review or approve the specific consultation process
        in the State.
          (C) Indian tribal areas. - With respect to each area of the
        State under the jurisdiction of an Indian tribal government,
        the program shall be developed in consultation with the tribal
        government and the Secretary of the Interior.

        (3) Participation by interested parties. - In developing the
      program, the State shall provide citizens, affected public
      agencies, representatives of public transportation employees,
      freight shippers, private providers of transportation, providers
      of freight transportation services, representatives of users of
      public transportation, representatives of users of pedestrian
      walkways and bicycle transportation facilities, representatives
      of the disabled, and other interested parties with a reasonable
      opportunity to comment on the proposed program.
        (4) Included projects. - 
          (A) In general. - A transportation improvement program
        developed under this subsection for a State shall include
        federally supported surface transportation expenditures within
        the boundaries of the State.
          (B) Listing of projects. - An annual listing of projects for
        which funds have been obligated in the preceding year in each
        metropolitan planning area shall be published or otherwise made
        available by the cooperative effort of the State, transit
        operator, and the metropolitan planning organization for public
        review. The listing shall be consistent with the funding
        categories identified in each metropolitan transportation
        improvement program.
          (C) Projects under chapter 2. - 
            (i) Regionally significant projects. - Regionally
          significant projects proposed for funding under chapter 2
          shall be identified individually in the transportation
          improvement program.
            (ii) Other projects. - Projects proposed for funding under
          chapter 2 that are not determined to be regionally
          significant shall be grouped in one line item or identified
          individually in the transportation improvement program.

          (D) Consistency with statewide transportation plan. - Each
        project shall be - 
            (i) consistent with the statewide transportation plan
          developed under this section for the State;
            (ii) identical to the project or phase of the project as
          described in an approved metropolitan transportation plan;
          and
            (iii) in conformance with the applicable State air quality
          implementation plan developed under the Clean Air Act, if the
          project is carried out in an area designated as nonattainment
          for ozone, particulate matter, or carbon monoxide under such
          Act.

          (E) Requirement of anticipated full funding. - The
        transportation improvement program shall include a project, or
        an identified phase of a project, only if full funding can
        reasonably be anticipated to be available for the project
        within the time period contemplated for completion of the
        project.
          (F) Financial plan. - The transportation improvement program
        may include a financial plan that demonstrates how the approved
        transportation improvement program can be implemented,
        indicates resources from public and private sources that are
        reasonably expected to be made available to carry out the
        transportation improvement program, and recommends any
        additional financing strategies for needed projects and
        programs. The financial plan may include, for illustrative
        purposes, additional projects that would be included in the
        adopted transportation plan if reasonable additional resources
        beyond those identified in the financial plan were available.
          (G) Selection of projects from illustrative list. - 
            (i) No required selection. - Notwithstanding subparagraph
          (F), a State shall not be required to select any project from
          the illustrative list of additional projects included in the
          financial plan under subparagraph (F).
            (ii) Required action by the secretary. - Action by the
          Secretary shall be required for a State to select any project
          from the illustrative list of additional projects included in
          the financial plan under subparagraph (F) for inclusion in an
          approved transportation improvement program.

          (H) Priorities. - The transportation improvement program
        shall reflect the priorities for programming and expenditures
        of funds, including transportation enhancement activities,
        required by this title and chapter 53 of title 49.

        (5) Project selection for areas of less than 50,000 population.
      - Projects carried out in areas with populations of less than
      50,000 individuals shall be selected, from the approved
      transportation improvement program (excluding projects carried
      out on the National Highway System and projects carried out under
      the bridge program or the Interstate maintenance program under
      this title or under sections 5310, 5311, 5316, and 5317 of title
      49), by the State in cooperation with the affected
      nonmetropolitan local officials with responsibility for
      transportation. Projects carried out in areas with populations of
      less than 50,000 individuals on the National Highway System or
      under the bridge program or the Interstate maintenance program
      under this title or under sections 5310, 5311, 5316, and 5317 of
      title 49 shall be selected, from the approved statewide
      transportation improvement program, by the State in consultation
      with the affected nonmetropolitan local officials with
      responsibility for transportation.
        (6) Transportation improvement program approval. - Every 4
      years, a transportation improvement program developed under this
      subsection shall be reviewed and approved by the Secretary if
      based on a current planning finding.
        (7) Planning finding. - A finding shall be made by the
      Secretary at least every 4 years that the transportation planning
      process through which statewide transportation plans and programs
      are developed is consistent with this section and section 134.
        (8) Modifications to project priority. - Notwithstanding any
      other provision of law, action by the Secretary shall not be
      required to advance a project included in the approved
      transportation improvement program in place of another project in
      the program.

      (h) Funding. - Funds set aside pursuant to section 104(f) of this
    title and section 5305(g) of title 49, shall be available to carry
    out this section.
      (i) Treatment of Certain State Laws as Congestion Management
    Processes. - For purposes of this section and section 134, and
    sections 5303 and 5304 of title 49, State laws, rules, or
    regulations pertaining to congestion management systems or programs
    may constitute the congestion management process under this section
    and section 134, and sections 5303 and 5304 of title 49, if the
    Secretary finds that the State laws, rules, or regulations are
    consistent with, and fulfill the intent of, the purposes of this
    section and section 134 and sections 5303 and 5304 of title 49, as
    appropriate.
      (j) Continuation of Current Review Practice. - Since the
    statewide transportation plan and the transportation improvement
    program described in this section are subject to a reasonable
    opportunity for public comment, since individual projects included
    in the statewide transportation plans and the transportation
    improvement program are subject to review under the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
    since decisions by the Secretary concerning statewide
    transportation plans or the transportation improvement program
    described in this section have not been reviewed under such Act as
    of January 1, 1997, any decision by the Secretary concerning a
    metropolitan or statewide transportation plan or the transportation
    improvement program described in this section shall not be
    considered to be a Federal action subject to review under such Act.

-SOURCE-
    (Added Pub. L. 90-495, Sec. 10(a), Aug. 23, 1968, 82 Stat. 820;
    amended Pub. L. 91-605, title I, Secs. 106(g), 125, Dec. 31, 1970,
    84 Stat. 1718, 1729; Pub. L. 93-87, title I, Sec. 119, Aug. 13,
    1973, 87 Stat. 259; Pub. L. 94-280, title I, Sec. 123(a), May 5,
    1976, 90 Stat. 439; Pub. L. 102-240, title I, Sec. 1025(a), Dec.
    18, 1991, 105 Stat. 1962; Pub. L. 103-429, Sec. 3(6), Oct. 31,
    1994, 108 Stat. 4378; Pub. L. 105-178, title I, Sec. 1204(a)-(h),
    June 9, 1998, 112 Stat. 180-184; Pub. L. 109-59, title VI, Sec.
    6001(a), Aug. 10, 2005, 119 Stat. 1851.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsecs. (b)(2) and
    (g)(4)(D)(iii), is act July 14, 1955, ch. 360, 69 Stat. 322, as
    amended, which is classified generally to chapter 85 (Sec. 7401 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7401 of Title 42 and Tables.
      The National Environmental Policy Act of 1969, referred to in
    subsec. (j), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 135, Pub. L. 89-139, Sec. 4(a), Aug. 28, 1965, 79
    Stat. 578, called for a highway safety program in each State
    approved by the Secretary, prior to repeal by Pub. L. 89-564, title
    I, Sec. 102(a), Sept. 9, 1966, 80 Stat. 734. See section 402 of
    this title.

                                AMENDMENTS                            
      2005 - Pub. L. 109-59 amended section catchline and text
    generally, substituting provisions relating to statewide
    transportation planning for provisions relating to, in subsec. (a),
    development of plans and programs by each State, in subsec. (b),
    coordination of State with Federal planning, in subsec. (c), scope
    of planning process, in subsec. (d), additional minimum
    requirements for each State to consider, in subsec. (e),
    development of a long-range transportation plan, in subsec. (f),
    development of a State transportation improvement program, in
    subsec. (g), funding, in subsec. (h), treatment of certain State
    laws as congestion management systems, and, in subsec. (i), review
    of plans and programs under the National Environmental Policy Act
    of 1969.
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1204(a), reenacted
    heading without change and amended text of subsec. (a) generally.
    Prior to amendment, text read as follows: "It is in the national
    interest to encourage and promote the development of transportation
    systems embracing various modes of transportation in a manner that
    will serve all areas of the State efficiently and effectively.
    Subject to section 134 of this title, the State shall develop
    transportation plans and programs for all areas of the State. Such
    plans and programs shall provide for development of transportation
    facilities (including pedestrian walkways and bicycle
    transportation facilities) which will function as an intermodal
    State transportation system. The process for developing such plans
    and programs shall provide for consideration of all modes of
    transportation and shall be continuing, cooperative, and
    comprehensive to the degree appropriate, based on the complexity of
    the transportation problems."
      Subsec. (b). Pub. L. 105-178, Sec. 1204(b), inserted "and
    sections 5303 through 5305 of title 49" after "section 134 of this
    title".
      Subsec. (c). Pub. L. 105-178, Sec. 1204(c), amended heading and
    text of subsec. (c) generally, substituting provisions relating to
    scope of planning process for provisions relating to considerations
    to be involved in State's continuous transportation planning
    process.
      Subsec. (d). Pub. L. 105-178, Sec. 1204(d), reenacted heading
    without change and amended text of subsec. (d) generally. Prior to
    amendment, text read as follows: "Each State in carrying out
    planning under this section shall, at a minimum, consider the
    following:
        "(1) The coordination of transportation plans and programs
      developed for metropolitan areas of the State under section 134
      with the State transportation plans and programs developed under
      this section and the reconciliation of such plans and programs as
      necessary to ensure connectivity within transportation systems.
        "(2) Investment strategies to improve adjoining State and local
      roads that support rural economic growth and tourism development,
      Federal agency renewable resources management, and multipurpose
      land management practices, including recreation development.
        "(3) The concerns of Indian tribal governments having
      jurisdiction over lands within the boundaries of the State."
      Subsec. (e). Pub. L. 105-178, Sec. 1204(e), amended heading and
    text of subsec. (e) generally. Prior to amendment, text read as
    follows: "The State shall develop a long-range transportation plan
    for all areas of the State. With respect to metropolitan areas of
    the State, the plan shall be developed in cooperation with
    metropolitan planning organizations designated for metropolitan
    areas in the State under section 134. With respect to areas of the
    State under the jurisdiction of an Indian tribal government, the
    plan shall be developed in cooperation with such government and the
    Secretary of the Interior. In developing the plan, the State shall
    provide citizens, affected public agencies, representatives of
    transportation agency employees, other affected employee
    representatives, private providers of transportation, and other
    interested parties with a reasonable opportunity to comment on the
    proposed plan. In addition, the State shall develop a long-range
    plan for bicycle transportation and pedestrian walkways for
    appropriate areas of the State which shall be incorporated into the
    long-range transportation plan."
      Subsec. (f). Pub. L. 105-178, Sec. 1204(f), amended heading and
    text of subsec. (f) generally. Prior to amendment, text related to
    transportation improvement programs, including program development,
    requirement for inclusion of certain projects for State
    transportation improvement program, project selection for areas
    less than 50,000 population, and requirement of biennial review and
    approval.
      Subsec. (g). Pub. L. 105-178, Sec. 1204(g), which directed
    substitution of "section 505(a)" for "section 307(c)(1)" in section
    134(g), was executed by making the substitution in subsec. (g) of
    this section to reflect the probable intent of Congress.
      Subsec. (i). Pub. L. 105-178, Sec. 1204(h), added subsec. (i).
      1994 - Subsec. (f)(2). Pub. L. 103-429, Sec. 3(6)(A), substituted
    "chapter 53 of title 49" for "the Federal Transit Act".
      Subsec. (h). Pub. L. 103-429, Sec. 3(6)(B), substituted "sections
    5303-5306 and 5323(k) of title 49" for "section 8 of the Federal
    Transit Act, United States Code" and "section 8 of such Act".
      1991 - Pub. L. 102-240 substituted section catchline for one
    which read: "Traffic operations improvement programs", and amended
    text generally. Prior to amendment, text read as follows:
      "(a) The Congress hereby finds and declares it to be in the
    national interest that each State shall have a continuing program
    designed to reduce traffic congestion and facilitate the flow of
    traffic.
      "(b) The Secretary may approve under this section any project for
    improvements on any public road which project will directly
    facilitate and control traffic flow on any of the Federal-aid
    systems."
      1976 - Pub. L. 94-280 struck out introductory words "Urban area"
    in section catchline.
      Subsec. (a). Pub. L. 94-280 struck out "within the designated
    boundaries of urban areas of the State" and "in the urban areas"
    after "continuing program" and "flow of traffic", respectively.
      Subsec. (b). Pub. L. 94-280 substituted "any project for
    improvements on any public road which project will directly
    facilitate and control traffic flow on any of the Federal-aid
    systems" for "any project on an extension of the Federal-aid
    primary or secondary system in urban areas and on the Federal-aid
    urban system for improvements which directly facilitate and control
    traffic flow, such as grade separation of intersections, widening
    of lanes, channelization of traffic, traffic control systems, and
    loading and unloading ramps. If such project is located in an urban
    area of more than fifty thousand population, such project shall be
    based on a continuing comprehensive transportation planning process
    carried on in accordance with section 134 of this title".
      Subsec. (c). Pub. L. 94-280 struck out subsec. (c) which provided
    for an annual report by the Secretary on projects approved under
    this section with recommendations for further improvement of
    traffic operations in accordance with this section.
      1973 - Subsecs. (c), (d). Pub. L. 93-87 struck out subsec. (c)
    which provided for apportionment of sums authorized to carry out
    this section in accordance with section 104(b)(3) of this title,
    and redesignated subsec. (d) as (c).
      1970 - Subsec. (b). Pub. L. 91-605 inserted reference to the
    Federal-aid urban system and required that projects under this
    section be based on a continuing comprehensive transportation
    planning process carried on in accordance with section 134 of this
    title only in urban areas of more than fifty thousand population.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                              EFFECTIVE DATE                          
      Section effective Aug. 23, 1968, see section 37 of Pub. L. 90-
    495, set out as an Effective Date of 1968 Amendment note under
    section 101 of this title.

                 PARTICIPATION OF LOCAL ELECTED OFFICIALS             
      Pub. L. 105-178, title I, Sec. 1204(i), June 9, 1998, 112 Stat.
    184, provided that:
      "(1) Study. - The Secretary shall conduct a study on the
    effectiveness of the participation of local elected officials in
    transportation planning and programming. In conducting the study,
    the Secretary shall consider the degree of cooperation between each
    State, local officials in rural areas in the State, and regional
    planning and development organizations in the State.
      "(2) Report. - Not later than 2 years after the date of enactment
    of this Act [June 9, 1998], the Secretary shall transmit to
    Congress a report containing the results of the study with any
    recommendations the Secretary determines appropriate as a result of
    the study."

              ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM          
      Pub. L. 109-59, title V, Sec. 5512, Aug. 10, 2005, 119 Stat.
    1828, provided that:
      "(a) Continuation and Acceleration of TRANSIMS Deployment. - 
        "(1) In general. - The Secretary [of Transportation] shall
      accelerate the deployment of the advanced transportation model
      known as the 'Transportation Analysis Simulation System' (in this
      section referred to as 'TRANSIMS'), developed by the Los Alamos
      National Laboratory.
        "(2) Program appreciation. - The purpose of the program is to
      assist State departments of transportation and metropolitan
      planning organizations - 
          "(A) to implement TRANSIMS;
          "(B) to develop methods for TRANSIMS applications to
        transportation planning, air quality analysis, regulatory
        compliance, and response to natural disasters and other
        transportation disruptions; and
          "(C) to provide training and technical assistance for the
        implementation of TRANSIMS.
      "(b) Required Activities. - The Secretary [of Transportation]
    shall use funds made available to carry out this section to - 
        "(1) provide funding to State departments of transportation and
      metropolitan planning organizations serving transportation
      management areas designated under chapter 52 [53] of title 49,
      United States Code, representing a diversity of populations,
      geographic regions, and analytic needs to implement TRANSIMS;
        "(2) develop methods to demonstrate a wide spectrum of TRANSIMS
      applications to support local, metropolitan, statewide
      transportation planning, including integrating highway and
      transit operational considerations into the transportation
      Planning process, and estimating the effects of induced travel
      demand and transit ridership in making transportation conformity
      determinations where applicable;
        "(3) provide training and technical assistance with respect to
      the implementation and application of TRANSIMS to States, local
      governments, and metropolitan planning organizations with
      responsibility for travel modeling;
        "(4) to further develop TRANSIMS for additional applications,
      including - 
          "(A) congestion analyses;
          "(B) major investment studies;
          "(C) economic impact analyses;
          "(D) alternative analyses;
          "(E) freight movement studies;
          "(F) emergency evacuation studies;
          "(G) port studies;
          "(H) airport access studies;
          "(I) induced demand studies; and
          "(J) transit ridership analysis.
      "(c) Eligible Activities. - The program may support the
    development of methods to plan for the transportation response to
    chemical and biological terrorism and other security concerns.
      "(d) Allocation of Funds. - Not more than 75 percent of the funds
    made available to carry out this section may be allocated to
    activities described in subsection (b)(1).
      "(e) Funding. - Of the amounts made available by section
    5101(a)(1) of this Act [119 Stat. 1779], $2,625,000 for each of
    fiscal years 2006 through 2009 shall be available to carry out this
    section."
      Pub. L. 105-178, title I, Sec. 1210, June 9, 1998, 112 Stat. 187,
    provided that:
      "(a) Establishment. - The Secretary shall establish an advanced
    travel forecasting procedures program - 
        "(1) to provide for completion of the advanced transportation
      model developed under the Transportation Analysis Simulation
      System (referred to in this section as 'TRANSIMS'); and
        "(2) to provide support for early deployment of the advanced
      transportation modeling computer software and graphics package
      developed under TRANSIMS and the program established under this
      section to States, local governments, and metropolitan planning
      organizations with responsibility for travel modeling.
      "(b) Eligible Activities. - The Secretary shall use funds made
    available under this section to - 
        "(1) provide funding for completion of core development of the
      advanced transportation model;
        "(2) develop user-friendly advanced transportation modeling
      computer software and graphics packages;
        "(3) provide training and technical assistance with respect to
      the implementation and application of the advanced transportation
      model to States, local governments, and metropolitan planning
      organizations with responsibility for travel modeling; and
        "(4) allocate funds to not more than 12 entities described in
      paragraph (3), representing a diversity of populations and
      geographic regions, for a pilot program to enable transportation
      management areas designated under section 134(i) of title 23,
      United States Code, to convert from the use of travel forecasting
      procedures in use by the areas as of the date of enactment of
      this Act [June 9, 1998] to the use of the advanced transportation
      model.
      "(c) Funding. - 
        "(1) In general. - There are authorized to be appropriated from
      the Highway Trust Fund (other than the Mass Transit Account) to
      carry out this section $4,000,000 for fiscal year 1998,
      $3,000,000 for fiscal year 1999, $6,500,000 for fiscal year 2000,
      $5,000,000 for fiscal year 2001, $4,000,000 for fiscal year 2002,
      and $2,500,000 for fiscal year 2003.
        "(2) Allocation of funds. - 
          "(A) Fiscal years 1998 and 1999. - For each of fiscal years
        1998 and 1999, 100 percent of the funds made available under
        paragraph (1) shall be allocated to activities as described in
        paragraphs (1), (2), and (3) of subsection (b).
          "(B) Fiscal years 2000 through 2003. - For each of fiscal
        years 2000 through 2003, not more than 50 percent of the funds
        made available under paragraph (1) may be allocated to
        activities described in subsection (b)(4).
        "(3) Contract authority. - Funds authorized under this
      subsection shall be available for obligation in the same manner
      as if the funds were apportioned under chapter 1 of title 23,
      United States Code, except that the Federal share of the cost of -
       
          "(A) any activity described in paragraph (1), (2), or (3) of
        subsection (b) shall not exceed 100 percent; and
          "(B) any activity described in subsection (b)(4) shall not
        exceed 80 percent."

       DEMONSTRATION PROJECT FOR AUTOMATED ROADWAY MANAGEMENT SYSTEM   
      Pub. L. 95-599, title I, Sec. 154, Nov. 6, 1978, 92 Stat. 2716,
    provided that:
      "(a) The Secretary of Transportation is authorized to carry out a
    demonstration project of the use of a sophisticated automated
    roadway management system to increase the capacity and safety of
    automobile travel in high density travel corridors without
    providing additional lanes of pavement. The management system shall
    coordinate the traffic flow in major freeways and arterials
    servicing the travel corridor by use of an integrated system of
    vehicle sensors to monitor traffic, computers to assess traffic
    conditions throughout the corridor, and devices to communicate with
    drivers, police, and emergency equipment.
      "(b) There is authorized to be appropriated to carry out this
    section, out of the Highway Trust Fund, not to exceed $1,500,000
    for the fiscal year ending September 30, 1979, not to exceed
    $2,500,000 for the fiscal year ending September 30, 1980, and not
    to exceed $26,000,000 for the fiscal year ending September 30,
    1981.
      "(c) The Federal share payable on account of any project
    authorized under this section shall not exceed 90 per centum of the
    total cost thereof.
      "(d) Funds authorized by this section shall be available for
    obligation in the same manner and to the same extent as if such
    funds were apportioned under chapter 1 of title 23, United States
    Code, except that the Federal share of the cost of any project
    under this section shall not exceed 90 per centum."

     TRAFFIC CONTROL SIGNALIZATION DEMONSTRATION PROJECTS; REPORTS TO
              SECRETARY OF TRANSPORTATION; REPORT TO CONGRESS
      Section 146 of Pub. L. 94-280 provided that:
      "(a) The Secretary of Transportation is authorized to carry out
    traffic control signalization demonstration projects designed to
    demonstrate through the use of technology not now in general use
    the increased capacity of existing highways, the conservation of
    fuel, the decrease in traffic congestion, the improvement in air
    and noise quality, and the furtherance of highway safety, giving
    priority to those projects providing coordinated signalization of
    two or more intersections. Such projects can be carried out on any
    highway whether on or off a Federal-aid system.
      "(b) There is authorized to be appropriated to carry out this
    section of the Highway Trust Fund, not to exceed $40,000,000 for
    the fiscal year ending September 30, 1977, and $40,000,000 for the
    fiscal year ending September 30, 1978.
      "(c) Each participating State shall report to the Secretary of
    Transportation not later than September 30, 1977, and not later
    than September 30 of each year thereafter, on the progress being
    made in implementing this section and the effectiveness of the
    improvements made under it. Each report shall include an analysis
    and evaluation of the benefits resulting from such projects
    comparing an adequate time period before and after treatment in
    order to properly assess the benefits occurring from such traffic
    control signalization. The Secretary of Transportation shall submit
    a report to the Congress not later than January 1, 1978, on the
    progress being made in implementing this section and an evaluation
    of the benefits resulting therefrom."

                      AUTHORIZATION OF APPROPRIATIONS                  
      Pub. L. 89-285, title III, Sec. 304, Oct. 22, 1965, 79 Stat.
    1033, as amended by Pub. L. 97-449, Sec. 2(a), Jan. 12, 1983, 96
    Stat. 2439, provided that: "There is authorized to be appropriated
    the sum of $500,000 to enable the Secretary to carry out his
    functions under section 135 of title 23 of the United States Code
    relating to highway safety programs."

-End-



-CITE-
    23 USC Sec. 136                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 136. Control of junkyards

-STATUTE-
      (a) The Congress hereby finds and declares that the establishment
    and use and maintenance of junkyards in areas adjacent to the
    Interstate System and the primary system should be controlled in
    order to protect the public investment in such highways, to promote
    the safety and recreational value of public travel, and to preserve
    natural beauty.
      (b) Federal-aid highway funds apportioned on or after January 1,
    1968, to any State which the Secretary determines has not made
    provision for effective control of the establishment and
    maintenance along the Interstate System and the primary system of
    outdoor junkyards, which are within one thousand feet of the
    nearest edge of the right-of-way and visible from the main traveled
    way of the system, shall be reduced by amounts equal to 10 per
    centum of the amounts which would otherwise be apportioned to such
    State under section 104 of this title, until such time as such
    State shall provide for such effective control. Any amount which is
    withheld from apportionment to any State hereunder shall be
    reapportioned to the other States. Whenever he determines it to be
    in the public interest, the Secretary may suspend, for such periods
    as he deems necessary, the application of this subsection to a
    State.
      (c) Effective control means that by January 1, 1968, such
    junkyards shall be screened by natural objects, plantings, fences,
    or other appropriate means so as not to be visible from the main
    traveled way of the system, or shall be removed from sight.
      (d) The term "junk" shall mean old or scrap copper, brass, rope,
    rags, batteries, paper, trash, rubber debris, waste, or junked,
    dismantled, or wrecked automobiles, or parts thereof, iron, steel,
    and other old or scrap ferrous or nonferrous material.
      (e) The term "automobile graveyard" shall mean any establishment
    or place of business which is maintained, used, or operated for
    storing, keeping, buying, or selling wrecked, scrapped, ruined, or
    dismantled motor vehicles or motor vehicle parts.
      (f) The term "junkyard" shall mean an establishment or place of
    business which is maintained, operated, or used for storing,
    keeping, buying, or selling junk, or for the maintenance or
    operation of an automobile graveyard, and the term shall include
    garbage dumps and sanitary fills.
      (g) Notwithstanding any provision of this section, junkyards,
    auto graveyards, and scrap metal processing facilities may be
    operated within areas adjacent to the Interstate System and the
    primary system which are within one thousand feet of the nearest
    edge of the right-of-way and which are zoned industrial under
    authority of State law, or which are not zoned under authority of
    State law, but are used for industrial activities, as determined by
    the several States subject to approval by the Secretary.
      (h) Notwithstanding any provision of this section, any junkyard
    in existence on the date of enactment of this section which does
    not conform to the requirements of this section and which the
    Secretary finds as a practical matter cannot be screened, shall not
    be required to be removed until July 1, 1970.
      (i) The Federal share of landscaping and screening costs under
    this section shall be 75 per centum.
      (j) Just compensation shall be paid the owner for the relocation,
    removal, or disposal of junkyards lawfully established under State
    law. The Federal share of such compensation shall be 75 per centum.
      (k) All public lands or reservations of the United States which
    are adjacent to any portion of the interstate and primary systems
    shall be effectively controlled in accordance with the provisions
    of this section.
      (l) Nothing in this section shall prohibit a State from
    establishing standards imposing stricter limitations with respect
    to outdoor junkyards on the Federal-aid highway systems than those
    established under this section.
      (m) There is authorized to be appropriated to carry out this
    section, out of any money in the Treasury not otherwise
    appropriated, not to exceed $20,000,000 for the fiscal year ending
    June 30, 1966, not to exceed $20,000,000 for the fiscal year ending
    June 30, 1967, not to exceed $3,000,000 for the fiscal year ending
    June 30, 1970, not to exceed $3,000,000 for the fiscal year ending
    June 30, 1971, not to exceed $3,000,000 for the fiscal year ending
    June 30, 1972, and not to exceed $5,000,000 for the fiscal year
    ending June 30, 1973. The provisions of this chapter relating to
    the obligation, period of availability, and expenditure of Federal-
    aid primary highway funds shall apply to the funds authorized to
    be appropriated to carry out this section after June 30, 1967.

-SOURCE-
    (Added Pub. L. 89-285, title II, Sec. 201, Oct. 22, 1965, 79 Stat.
    1030; amended Pub. L. 89-574, Sec. 8(a), Sept. 13, 1966, 80 Stat.
    768; Pub. L. 90-495, Sec. 6(e), Aug. 23, 1968, 82 Stat. 818; Pub.
    L. 91-605, title I, Sec. 122(b), Dec. 31, 1970, 84 Stat. 1726; Pub.
    L. 93-643, Sec. 110, Jan. 4, 1975, 88 Stat. 2285.)


-MISC1-
                                AMENDMENTS                            
      1975 - Subsec. (j). Pub. L. 93-643 substituted provision that
    compensation shall be paid the owner for the relocation, removal,
    or disposal of junkyards lawfully established under State law, for
    provision relating to payment of just compensation for relocation,
    removal, or disposal of junkyards (1) lawfully in existence on Oct.
    22, 1965, (2) lawfully along any highway made a part of the
    interstate or primary system on or after Oct. 22, 1965, and before
    Jan. 1, 1968, and (3) lawfully established on or after Jan. 1,
    1968.
      1970 - Subsec. (m). Pub. L. 91-605 authorized to be appropriated
    not to exceed $3,000,000, $3,000,000, and $5,000,000, for the
    fiscal years ending June 30, 1971, 1972, and 1973, respectively.
      1968 - Subsec. (m). Pub. L. 90-495 inserted provision authorizing
    an appropriation of not to exceed $3,000,000 for the fiscal year
    ending June 30, 1970.
      1966 - Subsec. (m). Pub. L. 89-574 substituted provisions making
    applicable to the funds authorized to be appropriated to carry out
    this section after June 30, 1967, the provisions of chapter 1 of
    this title relating to the obligation, period of availability, and
    expenditure of Federal-aid primary highway funds for provisions
    prohibiting the use of any part of the Highway Trust Fund in
    carrying out this section.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective August 23, 1968, see
    section 37 of Pub. L. 90-495, set out as a note under section 502
    of this title.

                         ACQUISITION OF DWELLINGS                     
      Prohibition against the use of eminent domain to acquire any
    dwelling (including related buildings) under the terms of Pub. L.
    89-285, see section 305 of Pub. L. 89-285, set out as a note under
    section 131 of this title.

           TAKING OF PRIVATE PROPERTY WITHOUT JUST COMPENSATION       
      Prohibition against the taking of private property or the
    restriction of reasonable and existing use by such taking without
    just compensation under the terms of Pub. L. 89-285, see section
    401 of Pub. L. 89-285, set out as a note under section 131 of this
    title.

-End-



-CITE-
    23 USC Sec. 137                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 137. Fringe and corridor parking facilities

-STATUTE-
      (a) The Secretary may approve as a project on a Federal-aid
    highway the acquisition of land adjacent to the right-of-way
    outside a central business district, as defined by the Secretary,
    and the construction of publicly owned parking facilities thereon
    or within such right-of-way, including the use of the air space
    above and below the established grade line of the highway pavement,
    to serve an urban area of fifty thousand population or more. Such
    parking facility shall be located and designed in conjunction with
    existing or planned public transportation facilities. In the event
    fees are charged for the use of any such facility, the rate thereof
    shall not be in excess of that required for maintenance and
    operation (including compensation to any person for operating such
    facility).
      (b) The Secretary shall not approve any project under this
    section until - 
        (1) he has determined that the State, or the political
      subdivision thereof, where such project is to be located, or any
      agency or instrumentality of such State or political subdivision,
      has the authority and capability of constructing, maintaining,
      and operating the facility;
        (2) he has entered into an agreement governing the financing,
      maintenance, and operation of the parking facility with such
      State, political subdivision, agency, or instrumentality,
      including necessary requirements to insure that adequate public
      transportation services will be available to persons using such
      facility; and
        (3) he has approved design standards for constructing such
      facility developed in cooperation with the State transportation
      department.

      (c) The term "parking facilities" for purposes of this section
    shall include access roads, buildings, structures, equipment,
    improvements, and interests in lands.
      (d) Nothing in this section, or in any rule or regulation issued
    under this section, or in any agreement required by this section,
    shall prohibit (1) any State, political subdivision, or agency or
    instrumentality thereof, from contracting with any person to
    operate any parking facility constructed under this section, or (2)
    any such person from so operating such facility.
      (e) The Secretary shall not approve any project under this
    section unless he determines that it is based on a continuing
    comprehensive transportation planning process carried on in
    accordance with section 134 of this title.
      (f)(1) The Secretary may approve for Federal financial assistance
    from funds apportioned under section 104(b)(4), projects for
    designating existing facilities, or for acquisition of rights of
    way or construction of new facilities, for use as preferential
    parking for carpools, provided that such facilities (A) are located
    outside of a central business district and within an interstate
    highway corridor, and (B) have as their primary purpose the
    reduction of vehicular traffic on the interstate highway.
      (2) Nothing in this subsection, or in any rule or regulation
    issued under this subsection, or in any agreement required by this
    subsection, shall prohibit (A) any State, political subdivision, or
    agency or instrumentality thereof, from contracting with any person
    to operate any parking facility designated or constructed under
    this subsection, or (B) any such person from so operating such
    facility. Any fees charged for the use of any such facility in
    connection with the purpose of this subsection shall not be in
    excess of the amount required for operation and maintenance,
    including compensation to any person for operating the facility.
      (3) For the purposes of this subsection, the terms "facilities"
    and "parking facilities" are synonymous and shall have the same
    meaning given "parking facilities" in subsection (c) of this
    section.

-SOURCE-
    (Added Pub. L. 89-574, Sec. 8(c)(1), Sept. 13, 1966, 80 Stat. 768;
    amended Pub. L. 91-605, title I, Sec. 134(a), Dec. 31, 1970, 84
    Stat. 1733; Pub. L. 97-424, title I, Sec. 118, Jan. 6, 1983, 96
    Stat. 2110; Pub. L. 105-178, title I, Secs. 1103(l)(3)(B),
    1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 126, 193; Pub. L. 109-59,
    title I, Sec. 1921, Aug. 10, 2005, 119 Stat. 1480.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59 substituted "on a Federal-aid
    highway" for "on the Federal-aid urban system".
      1998 - Subsec. (b)(3). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i),
    substituted "State transportation department" for "State highway
    department".
      Subsec. (f)(1). Pub. L. 105-178, Sec. 1103(l)(3)(B), substituted
    "section 104(b)(4)" for "section 104(b)(5)(B) of this title".
      1983 - Subsec. (f). Pub. L. 97-424 added subsec. (f).
      1970 - Pub. L. 91-605 substituted "Fringe and corridor parking
    facilities" for "Limitation on authorization of appropriations for
    certain purposes" in section catchline.
      Subsec. (a). Pub. L. 91-605 substituted provisions permitting the
    Secretary to approve construction of publicly owned parking
    facilities under the Federal-aid urban system for provisions
    limiting authorization of appropriations under section 131, 136,
    and 319(b) of this title, or any highway safety bill enacted after
    May 1, 1966 by preventing these sections and provisions from being
    construed as authority for any appropriations not specifically
    authorized in these sections and provisions.
      Subsec. (b). Pub. L. 91-605 substituted provisions preventing
    project approval by the Secretary unless the State or political
    subdivision thereof where the project is located can construct,
    maintain, and operate the facility, unless the Secretary has
    entered into an agreement with the State or political subdivision
    governing the financing, maintenance, and operation of the
    facility, and unless the Secretary has approved design standards
    for construction of the facility for provisions limiting
    authorization of appropriations under sections 131, 136, and 319(b)
    of this title, or any highway safety bill enacted after May 1, 1966
    by preventing appropriations to carry out these sections and
    provisions unless they are specific as to the amount authorized and
    as to the fiscal year.
      Subsec. (c). Pub. L. 91-605 substituted provisions defining
    "parking facilities" for provisions limiting authorization of
    appropriations under sections 131, 136, and 319(b) of this title,
    or any highway safety bill enacted after May 1, 1966 by preventing
    the highway trust fund from being a source of appropriation for
    these sections and provisions in an amount exceeding the tax
    imposed by section 4061(a)(2) of Title 26, if such tax was imposed
    at a rate of 1% plus additional amounts appropriated from the
    general fund to the highway trust fund for such purposes except
    that the total of all appropriations made from such fund to carry
    out these sections and provisions shall never exceed the total of
    all appropriations made to such fund based on the imposition of
    such tax plus additional amounts appropriated from the general fund
    to the highway trust fund for such purposes.
      Subsecs. (d), (e). Pub. L. 91-605 added subsecs. (d) and (e).

                         TRUCK PARKING FACILITIES                     
      Pub. L. 109-59, title I, Sec. 1305, Aug. 10, 2005, 119 Stat.
    1214, provided that:
      "(a) Establishment. - In cooperation with appropriate State,
    regional, and local governments, the Secretary [of Transportation]
    shall establish a pilot program to address the shortage of long-
    term parking for commercial motor vehicles on the National Highway
    System.
      "(b) Allocation of Funds. - 
        "(1) In general. - The Secretary [of Transportation] shall
      allocate funds made available to carry out this section among
      States, metropolitan planning organizations, and local
      governments.
        "(2) Applications. - To be eligible for an allocation under
      this section, a State (as defined in section 101(a) of title 23,
      United States Code), metropolitan planning organization, or local
      government shall submit to the Secretary an application at such
      time and containing such information as the Secretary may
      require.
        "(3) Eligible projects. - Funds allocated under this subsection
      shall be used by the recipient for projects described in an
      application approved by the Secretary. Such projects shall serve
      the National Highway System and may include the following:
          "(A) Constructing safety rest areas (as defined in section
        120(c) of title 23, United States Code) that include parking
        for commercial motor vehicles.
          "(B) Constructing commercial motor vehicle parking facilities
        adjacent to commercial truck stops and travel plazas.
          "(C) Opening existing facilities to commercial motor vehicle
        parking, including inspection and weigh stations and park-and-
        ride facilities.
          "(D) Promoting the availability of publicly or privately
        provided commercial motor vehicle parking on the National
        Highway System using intelligent transportation systems and
        other means.
          "(E) Constructing turnouts along the National Highway System
        for commercial motor vehicles.
          "(F) Making capital improvements to public commercial motor
        vehicle parking facilities currently closed on a seasonal basis
        to allow the facilities to remain open year-round.
          "(G) Improving the geometric design of interchanges on the
        National Highway System to improve access to commercial motor
        vehicle parking facilities.
        "(4) Priority. - In allocating funds made available to carry
      out this section, the Secretary shall give priority to applicants
      that - 
          "(A) demonstrate a severe shortage of commercial motor
        vehicle parking capacity in the corridor to be addressed;
          "(B) have consulted with affected State and local
        governments, community groups, private providers of commercial
        motor vehicle parking, and motorist and trucking organizations;
        and
          "(C) demonstrate that their proposed projects are likely to
        have positive effects on highway safety, traffic congestion, or
        air quality.
      "(c) Report to Congress. - Not later than 3 years after the date
    of enactment of this Act [Aug. 10, 2005], the Secretary [of
    Transportation] shall submit to Congress a report on the results of
    the pilot program.
      "(d) Funding. - 
        "(1) In general. - There is authorized to be appropriated from
      the Highway Trust Fund (other than the Mass Transit Account) to
      carry out this section $6,250,000 for each of fiscal years 2006
      through 2009.
        "(2) Contract authority. - Funds authorized under this
      subsection shall be available for obligation in the same manner
      as if the funds were apportioned under chapter 1 of title 23,
      United States Code; except that such funds shall not be
      transferable and shall remain available until expended, and the
      Federal share of the cost of a project under this section shall
      be determined in accordance with sections 120(b) and 120(c) of
      such title.
      "(e) Treatment of Projects. - Notwithstanding any other provision
    of law, projects funded under this section shall be treated as
    projects on a Federal-aid system under chapter 1 of title 23,
    United States Code."

-End-



-CITE-
    23 USC Sec. 138                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 138. Preservation of parklands

-STATUTE-
      (a) Declaration of Policy. - It is declared to be the national
    policy that special effort should be made to preserve the natural
    beauty of the countryside and public park and recreation lands,
    wildlife and waterfowl refuges, and historic sites. The Secretary
    of Transportation shall cooperate and consult with the Secretaries
    of the Interior, Housing and Urban Development, and Agriculture,
    and with the States in developing transportation plans and programs
    that include measures to maintain or enhance the natural beauty of
    the lands traversed. After the effective date of the Federal-Aid
    Highway Act of 1968, the Secretary shall not approve any program or
    project (other than any project for a park road or parkway under
    section 204 of this title) which requires the use of any publicly
    owned land from a public park, recreation area, or wildlife and
    waterfowl refuge of national, State, or local significance as
    determined by the Federal, State, or local officials having
    jurisdiction thereof, or any land from an historic site of
    national, State, or local significance as so determined by such
    officials unless (1) there is no feasible and prudent alternative
    to the use of such land, and (2) such program includes all possible
    planning to minimize harm to such park, recreational area, wildlife
    and waterfowl refuge, or historic site resulting from such use. In
    carrying out the national policy declared in this section the
    Secretary, in cooperation with the Secretary of the Interior and
    appropriate State and local officials, is authorized to conduct
    studies as to the most feasible Federal-aid routes for the movement
    of motor vehicular traffic through or around national parks so as
    to best serve the needs of the traveling public while preserving
    the natural beauty of these areas.
      (b) De Minimis Impacts. - 
        (1) Requirements. - 
          (A) Requirements for historic sites. - The requirements of
        this section shall be considered to be satisfied with respect
        to an area described in paragraph (2) if the Secretary
        determines, in accordance with this subsection, that a
        transportation program or project will have a de minimis impact
        on the area.
          (B) Requirements for parks, recreation areas, and wildlife or
        waterfowl refuges. - The requirements of subsection (a)(1)
        shall be considered to be satisfied with respect to an area
        described in paragraph (3) if the Secretary determines, in
        accordance with this subsection, that a transportation program
        or project will have a de minimis impact on the area. The
        requirements of subsection (a)(2) with respect to an area
        described in paragraph (3) shall not include an alternatives
        analysis.
          (C) Criteria. - In making any determination under this
        subsection, the Secretary shall consider to be part of a
        transportation program or project any avoidance, minimization,
        mitigation, or enhancement measures that are required to be
        implemented as a condition of approval of the transportation
        program or project.

        (2) Historic sites. - With respect to historic sites, the
      Secretary may make a finding of de minimis impact only if - 
          (A) the Secretary has determined, in accordance with the
        consultation process required under section 106 of the National
        Historic Preservation Act (16 U.S.C. 470f), that - 
            (i) the transportation program or project will have no
          adverse effect on the historic site; or
            (ii) there will be no historic properties affected by the
          transportation program or project;

          (B) the finding of the Secretary has received written
        concurrence from the applicable State historic preservation
        officer or tribal historic preservation officer (and from the
        Advisory Council on Historic Preservation if the Council is
        participating in the consultation process); and
          (C) the finding of the Secretary has been developed in
        consultation with parties consulting as part of the process
        referred to in subparagraph (A).

        (3) Parks, recreation areas, and wildlife or waterfowl refuges.
      - With respect to parks, recreation areas, or wildlife or
      waterfowl refuges, the Secretary may make a finding of de minimis
      impact only if - 
          (A) the Secretary has determined, after public notice and
        opportunity for public review and comment, that the
        transportation program or project will not adversely affect the
        activities, features, and attributes of the park, recreation
        area, or wildlife or waterfowl refuge eligible for protection
        under this section; and
          (B) the finding of the Secretary has received concurrence
        from the officials with jurisdiction over the park, recreation
        area, or wildlife or waterfowl refuge.

-SOURCE-
    (Added Pub. L. 89-574, Sec. 15(a), Sept. 13, 1966, 80 Stat. 771;
    amended Pub. L. 90-495, Sec. 18(a), Aug. 23, 1968, 82 Stat. 823;
    Pub. L. 94-280, title I, Sec. 124, May 5, 1976, 90 Stat. 440; Pub.
    L. 100-17, title I, Sec. 133(b)(10), Apr. 2, 1987, 101 Stat. 171;
    Pub. L. 109-59, title VI, Sec. 6009(a)(1), Aug. 10, 2005, 119 Stat.
    1874.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of the Federal-Aid Highway Act of 1968,
    referred to in subsec. (a), see section 37 of Pub. L. 90-495, as
    amended, set out as an Effective Date of 1968 Amendment note under
    section 101 of this title.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-59, Sec. 6009(a)(1)(A), which directed
    substitution of "(a) Declaration of Policy. - It is" for "it is
    hereby", was executed by making the substitution for "It is hereby"
    to reflect the probable intent of Congress.
      Subsec. (b). Pub. L. 109-59, Sec. 6009(a)(1)(B), added subsec.
    (b).
      1987 - Pub. L. 100-17 inserted "(other than any project for a
    park road or parkway under section 204 of this title)" before
    "which requires" in third sentence.
      1976 - Pub. L. 94-280 authorized the Secretary, in cooperation
    with the Secretary of the Interior and appropriate State and local
    officials, to conduct studies as to the most feasible Federal-aid
    routes for the movement of motor vehicular traffic through or
    around national parks so as to best serve the needs of the
    traveling public while preserving the natural beauty of these
    areas.
      1968 - Pub. L. 90-495 amended section generally so as to render
    it identical to section 1653(f) of Title 49, Transportation,
    governing all programs and projects subject to the jurisdiction of
    the Secretary of Transportation.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of this
    title.

                    CLARIFICATION OF EXISTING STANDARDS                
      Pub. L. 109-59, title VI, Sec. 6009(b), Aug. 10, 2005, 119 Stat.
    1876, provided that:
      "(1) In general. - Not later than 1 year after the date of
    enactment of this Act [Aug. 10, 2005], the Secretary [of
    Transportation] shall (in consultation with affected agencies and
    interested parties) promulgate regulations that clarify the factors
    to be considered and the standards to be applied in determining the
    prudence and feasibility of alternatives under section 138 of title
    23 and section 303 of title 49, United States Code.
      "(2) Requirements. - The regulations - 
        "(A) shall clarify the application of the legal standards to a
      variety of different types of transportation programs and
      projects depending on the circumstances of each case; and
        "(B) may include, as appropriate, examples to facilitate clear
      and consistent interpretation by agency decisionmakers."

     STUDY OF TRANSIT NEEDS IN NATIONAL PARKS AND RELATED PUBLIC LANDS 
      Pub. L. 105-178, title III, Sec. 3039, June 9, 1998, 112 Stat.
    393, as amended by Pub. L. 105-206, title IX, Sec. 9009(y), July
    22, 1998, 112 Stat. 862, provided that:
      "(a) Purposes. - The purposes of this section are to encourage
    and promote the development of transportation systems for the
    betterment of the national parks and other units of the National
    Park System, national wildlife refuges, recreational areas, and
    other public lands in order to conserve natural, historical, and
    cultural resources and prevent adverse impact, relieve congestion,
    minimize transportation fuel consumption, reduce pollution
    (including noise and visual pollution), and enhance visitor
    mobility and accessibility and the visitor experience.
      "(b) Study. - 
        "(1) In general. - The Secretary, in coordination with the
      Secretary of the Interior, shall undertake a comprehensive study
      of alternative transportation needs in national parks and related
      public lands managed by Federal land management agencies [to]
      assist in carrying out the purposes described in subsection (a).
      The study shall be submitted to the Committee on Transportation
      and Infrastructure of the House of Representatives and the
      Committee on Banking, Housing, and Urban Affairs of the Senate
      not later than January 1, 2000.
        "(2) Study elements. - The study required by paragraph (1)
      shall - 
          "(A) identify transportation strategies that improve the
        management of the national parks and related public lands;
          "(B) identify national parks and related public lands with
        existing and potential problems of adverse impact, high
        congestion, and pollution, or which can benefit from
        alternative transportation modes;
          "(C) assess the feasibility of alternative transportation
        modes; and
          "(D) identify and estimate the costs of alternative
        transportation modes for each of the national parks and related
        public lands referred to in paragraph (1).
        "(3) Definition. - For purposes of this subsection, the term
      'Federal land management agencies' means the National Park
      Service, the United States Fish and Wildlife Service, and the
      Bureau of Land Management."

     STUDY OF ALTERNATIVE TRANSPORTATION MODES IN NATIONAL PARK SYSTEM 
      Pub. L. 102-240, title I, Sec. 1050, Dec. 18, 1991, 105 Stat.
    2000, provided that:
      "(a) In General. - Not later than 12 months after the date of the
    enactment of this Act [Dec. 18, 1991], the Secretary, in
    consultation with the Secretary of the Interior, shall conduct and
    transmit to Congress a study of alternative transportation modes
    for use in the National Park System. In conducting such study, the
    Secretary shall consider (1) the economic and technical
    feasibility, environmental effects, projected costs and benefits as
    compared to the costs and benefits of existing transportation
    systems, and general suitability of transportation modes that would
    provide efficient and environmentally sound ingress to and egress
    from National Park lands; and (2) methods to obtain private capital
    for the construction of such transportation modes and related
    infrastructure.
      "(b) Funding. - From sums authorized to be appropriated for park
    roads and parkways for fiscal year 1992, $300,000 shall be
    available to carry out this section."

-End-



-CITE-
    23 USC Sec. 139                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 139. Efficient environmental reviews for project
      decisionmaking

-STATUTE-
      (a) Definitions. - In this section, the following definitions
    apply:
        (1) Agency. - The term "agency" means any agency, department,
      or other unit of Federal, State, local, or Indian tribal
      government.
        (2) Environmental impact statement. - The term "environmental
      impact statement" means the detailed statement of environmental
      impacts required to be prepared under the National Environmental
      Policy Act of 1969 (42 U.S.C. 4321 et seq.).
        (3) Environmental review process. - 
          (A) In general. - The term "environmental review process"
        means the process for preparing for a project an environmental
        impact statement, environmental assessment, categorical
        exclusion, or other document prepared under the National
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
          (B) Inclusions. - The term "environmental review process"
        includes the process for and completion of any environmental
        permit, approval, review, or study required for a project under
        any Federal law other than the National Environmental Policy
        Act of 1969 (42 U.S.C. 4321 et seq.).

        (4) Lead agency. - The term "lead agency" means the Department
      of Transportation and, if applicable, any State or local
      governmental entity serving as a joint lead agency pursuant to
      this section.
        (5) Multimodal project. - The term "multimodal project" means a
      project funded, in whole or in part, under this title or chapter
      53 of title 49 and involving the participation of more than one
      Department of Transportation administration or agency.
        (6) Project. - The term "project" means any highway project,
      public transportation capital project, or multimodal project that
      requires the approval of the Secretary.
        (7) Project sponsor. - The term "project sponsor" means the
      agency or other entity, including any private or public-private
      entity, that seeks approval of the Secretary for a project.
        (8) State transportation department. - The term "State
      transportation department" means any statewide agency of a State
      with responsibility for one or more modes of transportation.

      (b) Applicability. - 
        (1) In general. - The project development procedures in this
      section are applicable to all projects for which an environmental
      impact statement is prepared under the National Environmental
      Policy Act of 1969 and may be applied, to the extent determined
      appropriate by the Secretary, to other projects for which an
      environmental document is prepared pursuant to such Act.
        (2) Flexibility. - Any authorities granted in this section may
      be exercised for a project, class of projects, or program of
      projects.

      (c) Lead Agencies. - 
        (1) Federal lead agency. - The Department of Transportation
      shall be the Federal lead agency in the environmental review
      process for a project.
        (2) Joint lead agencies. - Nothing in this section precludes
      another agency from being a joint lead agency in accordance with
      regulations under the National Environmental Policy Act of 1969.
        (3) Project sponsor as joint lead agency. - Any project sponsor
      that is a State or local governmental entity receiving funds
      under this title or chapter 53 of title 49 for the project shall
      serve as a joint lead agency with the Department for purposes of
      preparing any environmental document under the National
      Environmental Policy Act of 1969 and may prepare any such
      environmental document required in support of any action or
      approval by the Secretary if the Federal lead agency furnishes
      guidance in such preparation and independently evaluates such
      document and the document is approved and adopted by the
      Secretary prior to the Secretary taking any subsequent action or
      making any approval based on such document, whether or not the
      Secretary's action or approval results in Federal funding.
        (4) Ensuring compliance. - The Secretary shall ensure that the
      project sponsor complies with all design and mitigation
      commitments made jointly by the Secretary and the project sponsor
      in any environmental document prepared by the project sponsor in
      accordance with this subsection and that such document is
      appropriately supplemented if project changes become necessary.
        (5) Adoption and use of documents. - Any environmental document
      prepared in accordance with this subsection may be adopted or
      used by any Federal agency making any approval to the same extent
      that such Federal agency could adopt or use a document prepared
      by another Federal agency.
        (6) Roles and responsibility of lead agency. - With respect to
      the environmental review process for any project, the lead agency
      shall have authority and responsibility - 
          (A) to take such actions as are necessary and proper, within
        the authority of the lead agency, to facilitate the expeditious
        resolution of the environmental review process for the project;
        and
          (B) to prepare or ensure that any required environmental
        impact statement or other document required to be completed
        under the National Environmental Policy Act of 1969 is
        completed in accordance with this section and applicable
        Federal law.

      (d) Participating Agencies. - 
        (1) In general. - The lead agency shall be responsible for
      inviting and designating participating agencies in accordance
      with this subsection.
        (2) Invitation. - The lead agency shall identify, as early as
      practicable in the environmental review process for a project,
      any other Federal and non-Federal agencies that may have an
      interest in the project, and shall invite such agencies to become
      participating agencies in the environmental review process for
      the project. The invitation shall set a deadline for responses to
      be submitted. The deadline may be extended by the lead agency for
      good cause.
        (3) Federal participating agencies. - Any Federal agency that
      is invited by the lead agency to participate in the environmental
      review process for a project shall be designated as a
      participating agency by the lead agency unless the invited agency
      informs the lead agency, in writing, by the deadline specified in
      the invitation that the invited agency - 
          (A) has no jurisdiction or authority with respect to the
        project;
          (B) has no expertise or information relevant to the project;
        and
          (C) does not intend to submit comments on the project.

        (4) Effect of designation. - Designation as a participating
      agency under this subsection shall not imply that the
      participating agency - 
          (A) supports a proposed project; or
          (B) has any jurisdiction over, or special expertise with
        respect to evaluation of, the project.

        (5) Cooperating agency. - A participating agency may also be
      designated by a lead agency as a "cooperating agency" under the
      regulations contained in part 1500 of title 40, Code of Federal
      Regulations.
        (6) Designations for categories of projects. - The Secretary
      may exercise the authorities granted under this subsection for a
      project, class of projects, or program of projects.
        (7) Concurrent reviews. - Each Federal agency shall, to the
      maximum extent practicable - 
          (A) carry out obligations of the Federal agency under other
        applicable law concurrently, and in conjunction, with the
        review required under the National Environmental Policy Act of
        1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the
        ability of the Federal agency to carry out those obligations;
        and
          (B) formulate and implement administrative, policy, and
        procedural mechanisms to enable the agency to ensure completion
        of the environmental review process in a timely, coordinated,
        and environmentally responsible manner.

      (e) Project Initiation. - The project sponsor shall notify the
    Secretary of the type of work, termini, length and general location
    of the proposed project, together with a statement of any Federal
    approvals anticipated to be necessary for the proposed project, for
    the purpose of informing the Secretary that the environmental
    review process should be initiated.
      (f) Purpose and Need. - 
        (1) Participation. - As early as practicable during the
      environmental review process, the lead agency shall provide an
      opportunity for involvement by participating agencies and the
      public in defining the purpose and need for a project.
        (2) Definition. - Following participation under paragraph (1),
      the lead agency shall define the project's purpose and need for
      purposes of any document which the lead agency is responsible for
      preparing for the project.
        (3) Objectives. - The statement of purpose and need shall
      include a clear statement of the objectives that the proposed
      action is intended to achieve, which may include - 
          (A) achieving a transportation objective identified in an
        applicable statewide or metropolitan transportation plan;
          (B) supporting land use, economic development, or growth
        objectives established in applicable Federal, State, local, or
        tribal plans; and
          (C) serving national defense, national security, or other
        national objectives, as established in Federal laws, plans, or
        policies.

        (4) Alternatives analysis. - 
          (A) Participation. - As early as practicable during the
        environmental review process, the lead agency shall provide an
        opportunity for involvement by participating agencies and the
        public in determining the range of alternatives to be
        considered for a project.
          (B) Range of alternatives. - Following participation under
        paragraph (1), the lead agency shall determine the range of
        alternatives for consideration in any document which the lead
        agency is responsible for preparing for the project.
          (C) Methodologies. - The lead agency also shall determine, in
        collaboration with participating agencies at appropriate times
        during the study process, the methodologies to be used and the
        level of detail required in the analysis of each alternative
        for a project.
          (D) Preferred alternative. - At the discretion of the lead
        agency, the preferred alternative for a project, after being
        identified, may be developed to a higher level of detail than
        other alternatives in order to facilitate the development of
        mitigation measures or concurrent compliance with other
        applicable laws if the lead agency determines that the
        development of such higher level of detail will not prevent the
        lead agency from making an impartial decision as to whether to
        accept another alternative which is being considered in the
        environmental review process.

      (g) Coordination and Scheduling. - 
        (1) Coordination plan. - 
          (A) In general. - The lead agency shall establish a plan for
        coordinating public and agency participation in and comment on
        the environmental review process for a project or category of
        projects. The coordination plan may be incorporated into a
        memorandum of understanding.
          (B) Schedule. - 
            (i) In general. - The lead agency may establish as part of
          the coordination plan, after consultation with each
          participating agency for the project and with the State in
          which the project is located (and, if the State is not the
          project sponsor, with the project sponsor), a schedule for
          completion of the environmental review process for the
          project.
            (ii) Factors for consideration. - In establishing the
          schedule, the lead agency shall consider factors such as - 
              (I) the responsibilities of participating agencies under
            applicable laws;
              (II) resources available to the cooperating agencies;
              (III) overall size and complexity of the project;
              (IV) the overall schedule for and cost of the project;
            and
              (V) the sensitivity of the natural and historic resources
            that could be affected by the project.

          (C) Consistency with other time periods. - A schedule under
        subparagraph (B) shall be consistent with any other relevant
        time periods established under Federal law.
          (D) Modification. - The lead agency may - 
            (i) lengthen a schedule established under subparagraph (B)
          for good cause; and
            (ii) shorten a schedule only with the concurrence of the
          affected cooperating agencies.

          (E) Dissemination. - A copy of a schedule under subparagraph
        (B), and of any modifications to the schedule, shall be - 
            (i) provided to all participating agencies and to the State
          transportation department of the State in which the project
          is located (and, if the State is not the project sponsor, to
          the project sponsor); and
            (ii) made available to the public.

        (2) Comment deadlines. - The lead agency shall establish the
      following deadlines for comment during the environmental review
      process for a project:
          (A) For comments by agencies and the public on a draft
        environmental impact statement, a period of not more than 60
        days after publication in the Federal Register of notice of the
        date of public availability of such document, unless - 
            (i) a different deadline is established by agreement of the
          lead agency, the project sponsor, and all participating
          agencies; or
            (ii) the deadline is extended by the lead agency for good
          cause.

          (B) For all other comment periods established by the lead
        agency for agency or public comments in the environmental
        review process, a period of no more than 30 days from
        availability of the materials on which comment is requested,
        unless - 
            (i) a different deadline is established by agreement of the
          lead agency, the project sponsor, and all participating
          agencies; or
            (ii) the deadline is extended by the lead agency for good
          cause.

        (3) Deadlines for decisions under other laws. - In any case in
      which a decision under any Federal law relating to a project
      (including the issuance or denial of a permit or license) is
      required to be made by the later of the date that is 180 days
      after the date on which the Secretary made all final decisions of
      the lead agency with respect to the project, or 180 days after
      the date on which an application was submitted for the permit or
      license, the Secretary shall submit to the Committee on
      Environment and Public Works of the Senate and the Committee on
      Transportation and Infrastructure of the House of Representatives
      - 
          (A) as soon as practicable after the 180-day period, an
        initial notice of the failure of the Federal agency to make the
        decision; and
          (B) every 60 days thereafter until such date as all decisions
        of the Federal agency relating to the project have been made by
        the Federal agency, an additional notice that describes the
        number of decisions of the Federal agency that remain
        outstanding as of the date of the additional notice.

        (4) Involvement of the public. - Nothing in this subsection
      shall reduce any time period provided for public comment in the
      environmental review process under existing Federal law,
      including a regulation.

      (h) Issue Identification and Resolution. - 
        (1) Cooperation. - The lead agency and the participating
      agencies shall work cooperatively in accordance with this section
      to identify and resolve issues that could delay completion of the
      environmental review process or could result in denial of any
      approvals required for the project under applicable laws.
        (2) Lead agency responsibilities. - The lead agency shall make
      information available to the participating agencies as early as
      practicable in the environmental review process regarding the
      environmental and socioeconomic resources located within the
      project area and the general locations of the alternatives under
      consideration. Such information may be based on existing data
      sources, including geographic information systems mapping.
        (3) Participating agency responsibilities. - Based on
      information received from the lead agency, participating agencies
      shall identify, as early as practicable, any issues of concern
      regarding the project's potential environmental or socioeconomic
      impacts. In this paragraph, issues of concern include any issues
      that could substantially delay or prevent an agency from granting
      a permit or other approval that is needed for the project.
        (4) Issue resolution. - 
          (A) Meeting of participating agencies. - At any time upon
        request of a project sponsor or the Governor of a State in
        which the project is located, the lead agency shall promptly
        convene a meeting with the relevant participating agencies, the
        project sponsor, and the Governor (if the meeting was requested
        by the Governor) to resolve issues that could delay completion
        of the environmental review process or could result in denial
        of any approvals required for the project under applicable
        laws.
          (B) Notice that resolution cannot be achieved. - If a
        resolution cannot be achieved within 30 days following such a
        meeting and a determination by the lead agency that all
        information necessary to resolve the issue has been obtained,
        the lead agency shall notify the heads of all participating
        agencies, the project sponsor, the Governor, the Committee on
        Environment and Public Works of the Senate, the Committee on
        Transportation and Infrastructure of the House of
        Representatives, and the Council on Environmental Quality, and
        shall publish such notification in the Federal Register.

      (i) Performance Measurement. - The Secretary shall establish a
    program to measure and report on progress toward improving and
    expediting the planning and environmental review process.
      (j) Assistance to Affected State and Federal Agencies. - 
        (1) In general. - For a project that is subject to the
      environmental review process established under this section and
      for which funds are made available to a State under this title or
      chapter 53 of title 49, the Secretary may approve a request by
      the State to provide funds so made available under this title or
      such chapter 53 to affected Federal agencies (including the
      Department of Transportation), State agencies, and Indian tribes
      participating in the environmental review process for the
      projects in that State or participating in a State process that
      has been approved by the Secretary for that State. Such funds may
      be provided only to support activities that directly and
      meaningfully contribute to expediting and improving
      transportation project planning and delivery for projects in that
      State.
        (2) Activities eligible for funding. - Activities for which
      funds may be provided under paragraph (1) include transportation
      planning activities that precede the initiation of the
      environmental review process, dedicated staffing, training of
      agency personnel, information gathering and mapping, and
      development of programmatic agreements.
        (3) Use of federal lands highway funds. - The Secretary may
      also use funds made available under section 204 for a project for
      the purposes specified in this subsection with respect to the
      environmental review process for the project.
        (4) Amounts. - Requests under paragraph (1) may be approved
      only for the additional amounts that the Secretary determines are
      necessary for the Federal agencies, State agencies, or Indian
      tribes participating in the environmental review process to meet
      the time limits for environmental review.
        (5) Condition. - A request under paragraph (1) to expedite time
      limits for environmental review may be approved only if such time
      limits are less than the customary time necessary for such
      review.

      (k) Judicial Review and Savings Clause. - 
        (1) Judicial review. - Except as set forth under subsection
      (l), nothing in this section shall affect the reviewability of
      any final Federal agency action in a court of the United States
      or in the court of any State.
        (2) Savings clause. - Nothing in this section shall be
      construed as superseding, amending, or modifying the National
      Environmental Policy Act of 1969 or any other Federal
      environmental statute or affect the responsibility of any Federal
      officer to comply with or enforce any such statute.
        (3) Limitations. - Nothing in this section shall preempt or
      interfere with - 
          (A) any practice of seeking, considering, or responding to
        public comment; or
          (B) any power, jurisdiction, responsibility, or authority
        that a Federal, State, or local government agency, metropolitan
        planning organization, Indian tribe, or project sponsor has
        with respect to carrying out a project or any other provisions
        of law applicable to projects, plans, or programs.

      (l) Limitations on Claims. - 
        (1) In general. - Notwithstanding any other provision of law, a
      claim arising under Federal law seeking judicial review of a
      permit, license, or approval issued by a Federal agency for a
      highway or public transportation capital project shall be barred
      unless it is filed within 180 days after publication of a notice
      in the Federal Register announcing that the permit, license, or
      approval is final pursuant to the law under which the agency
      action is taken, unless a shorter time is specified in the
      Federal law pursuant to which judicial review is allowed. Nothing
      in this subsection shall create a right to judicial review or
      place any limit on filing a claim that a person has violated the
      terms of a permit, license, or approval.
        (2) New information. - The Secretary shall consider new
      information received after the close of a comment period if the
      information satisfies the requirements for a supplemental
      environmental impact statement under section 771.130 of title 23,
      Code of Federal Regulations. The preparation of a supplemental
      environmental impact statement when required shall be considered
      a separate final agency action and the deadline for filing a
      claim for judicial review of such action shall be 180 days after
      the date of publication of a notice in the Federal Register
      announcing such action.

-SOURCE-
    (Added Pub. L. 109-59, title VI, Sec. 6002(a), Aug. 10, 2005, 119
    Stat. 1857.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    subsecs. (a)(2), (3), (b)(1), (c)(2), (3), (6)(B), (d)(7)(A), and
    (k)(2), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
    which is classified generally to chapter 55 (Sec. 4321 et seq.) of
    Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.

-COD-
                               CODIFICATION                           
      Section 6002(a) of Pub. L. 109-59, which directed that this
    section be inserted after section 138 of subchapter I of chapter 1
    of this title, was executed by adding this section after section
    138 of chapter 1 of this title, to reflect the probable intent of
    Congress and the amendment by Pub. L. 109-59, Sec. 1602(b)(6)(A),
    which struck out the subchapter I heading preceding section 101 of
    this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 139, added Pub. L. 90-495, Sec. 16(a), Aug. 23,
    1968, 82 Stat. 823; amended Pub. L. 91-605, title I, Secs.
    106(b)(1), 140, Dec. 31, 1970, 84 Stat. 1716, 1736; Pub. L. 94-280,
    title I, Sec. 125, May 5, 1976, 90 Stat. 440; Pub. L. 97-134, Sec.
    10, Dec. 29, 1981, 95 Stat. 1702; Pub. L. 97-424, title I, Sec.
    116(a)(3), Jan. 6, 1983, 96 Stat. 2109; Pub. L. 98-229, Sec. 8(a),
    Mar. 9, 1984, 98 Stat. 56, related to additions to the Interstate
    System, prior to repeal by Pub. L. 105-178, title I, Sec.
    1106(c)(2)(A), June 9, 1998, 112 Stat. 136.

                   EXISTING ENVIRONMENTAL REVIEW PROCESS               
      Pub. L. 109-59, title VI, Sec. 6002(b), Aug. 10, 2005, 119 Stat.
    1865, provided that: "Nothing in this section [enacting this
    section and repealing provisions set out as a note under section
    109 of this title] affects any existing State environmental review
    process, program, agreement, or funding arrangement approved by the
    Secretary [of Transportation] under section 1309 of the
    Transportation Equity Act for the 21st Century [Pub. L. 105-178]
    (112 Stat. 232; 23 U.S.C. 109 note) as such section was in effect
    on the day preceding the date of enactment of the SAFETEA-LU [Aug.
    10, 2005]."

-End-



-CITE-
    23 USC Sec. 140                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 140. Nondiscrimination

-STATUTE-
      (a) Prior to approving any programs for projects as provided for
    in section 135, the Secretary shall require assurances from any
    State desiring to avail itself of the benefits of this chapter that
    employment in connection with proposed projects will be provided
    without regard to race, color, creed, national origin, or sex. The
    Secretary shall require that each State shall include in the
    advertised specifications, notification of the specific equal
    employment opportunity responsibilities of the successful bidder.
    In approving programs for projects on any of the Federal-aid
    systems, the Secretary (!1) if necessary to ensure equal employment
    opportunity, shall require certification by any State desiring to
    avail itself of the benefits of this chapter that there are in
    existence and available on a regional, statewide, or local basis,
    apprenticeship, skill improvement or other upgrading programs,
    registered with the Department of Labor or the appropriate State
    agency, if any, which provide equal opportunity for training and
    employment without regard to race, color, creed, national origin,
    or sex. In implementing such programs, a State may reserve training
    positions for persons who receive welfare assistance from such
    State; except that the implementation of any such program shall not
    cause current employees to be displaced or current positions to be
    supplanted or preclude workers that are participating in an
    apprenticeship, skill improvement, or other upgrading program
    registered with the Department of Labor or the appropriate State
    agency from being referred to, or hired on, projects funded under
    this title without regard to the length of time of their
    participation in such program. The Secretary shall periodically
    obtain from the Secretary of Labor and the respective State
    transportation departments information which will enable the
    Secretary to judge compliance with the requirements of this section
    and the Secretary of Labor shall render to the Secretary such
    assistance and information as the Secretary of Transportation shall
    deem necessary to carry out the equal employment opportunity
    program required hereunder.

      (b) The Secretary, in cooperation with any other department or
    agency of the Government, State agency, authority, association,
    institution, Indian tribal government, corporation (profit or
    nonprofit), or any other organization or person, is authorized to
    develop, conduct, and administer surface transportation and
    technology training, including skill improvement programs, and to
    develop and fund summer transportation institutes. Whenever
    apportionments are made under section 104(b)(3) of this title, the
    Secretary shall deduct such sums as necessary, not to exceed
    $10,000,000 per fiscal year, for the administration of this
    subsection. Such sums so deducted shall remain available until
    expended. The provisions of section 3709 of the Revised Statutes,
    as amended (41 U.S.C. 5), shall not be applicable to contracts and
    agreements made under the authority herein granted to the
    Secretary. Notwithstanding any other provision of law, not to
    exceed  1/2  of 1 percent of funds apportioned to a State for the
    surface transportation program under section 104(b) and the bridge
    program under section 144 may be available to carry out this
    subsection upon request of the State transportation department to
    the Secretary.
      (c) The Secretary, in cooperation with any other department or
    agency of the Government, State agency, authority, association,
    institution, Indian tribal government, corporation (profit or
    nonprofit), or any other organization or person, is authorized to
    develop, conduct, and administer training programs and assistance
    programs in connection with any program under this title in order
    that minority businesses may achieve proficiency to compete, on an
    equal basis, for contracts and subcontracts. Whenever
    apportionments are made under section 104(b)(3), the Secretary
    shall deduct such sums as necessary, not to exceed $10,000,000 per
    fiscal year, for the administration of this subsection. The
    provisions of section 3709 of the Revised Statutes, as amended (41
    U.S.C. 5), shall not be applicable to contracts and agreements made
    under the authority herein granted to the Secretary notwithstanding
    the provisions of section 302(e) (!2) of the Federal Property and
    Administrative Services Act of 1949 (41 U.S.C. 252(e)).

      (d) Indian Employment. - Consistent with section 703(i) of the
    Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)), nothing in this
    section shall preclude the preferential employment of Indians
    living on or near a reservation on projects and contracts on Indian
    reservation roads. States may implement a preference for employment
    of Indians on projects carried out under this title near Indian
    reservations. The Secretary shall cooperate with Indian tribal
    governments and the States to implement this subsection.

-SOURCE-
    (Added Pub. L. 90-495, Sec. 22(a), Aug. 23, 1968, 82 Stat. 826;
    amended Pub. L. 91-605, title I, Sec. 110, Dec. 31, 1970, 84 Stat.
    1719; Pub. L. 93-87, title I, Sec. 120, Aug. 13, 1973, 87 Stat.
    259; Pub. L. 94-280, title I, Sec. 126, May 5, 1976, 90 Stat. 440;
    Pub. L. 97-424, title I, Sec. 119, Jan. 6, 1983, 96 Stat. 2110;
    Pub. L. 100-17, title I, Sec. 122, Apr. 2, 1987, 101 Stat. 160;
    Pub. L. 102-240, title I, Sec. 1026, Dec. 18, 1991, 105 Stat. 1965;
    Pub. L. 102-388, title IV, Sec. 412, Oct. 6, 1992, 106 Stat. 1565;
    Pub. L. 105-178, title I, Secs. 1208, 1212(a)(2)(A), June 9, 1998,
    112 Stat. 186, 193; Pub. L. 109-59, title I, Sec. 1922, Aug. 10,
    2005, 119 Stat. 1481.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (e) of section 302 of the Federal Property and
    Administrative Services Act of 1949 (41 U.S.C. 252(e)), referred to
    in subsec. (c), was struck out by section 2714(a)(1)(B) of Pub. L.
    98-369 and restated in subsection (c)(1) of section 302 of the
    Federal Property and Administrative Services Act of 1949 (41 U.S.C.
    252(c)(1)).


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 1922(a), in first
    sentence, substituted "section 135" for "subsection (a) of section
    105 of this title", in second sentence, substituted "The Secretary"
    for "He", in third sentence, substituted "if necessary to ensure"
    for "shall, where he considers it necessary to assure" and inserted
    "shall" before "require", and, in last sentence, substituted "the
    Secretary to" for "him to" and "the Secretary of Transportation"
    for "he".
      Subsec. (b). Pub. L. 109-59, Sec. 1922(b), in first sentence,
    substituted "surface transportation" for "highway construction"
    and, in second sentence, struck out "he may deem" before
    "necessary" and "not to exceed $2,500,000 for the transition
    quarter ending September 30, 1976, and" before "not to exceed
    $10,000,000".
      Subsec. (c). Pub. L. 109-59, Sec. 1922(c), substituted "section
    104(b)(3)" for "subsection 104(b)(3) of this title" and struck out
    "he may deem" before "necessary".
      Subsec. (d). Pub. L. 109-59, Sec. 1922(d), struck out "and
    Contracting" after "Employment" in heading.
      1998 - Subsec. (a). Pub. L. 105-178, Secs. 1208(a),
    1212(a)(2)(A)(ii), inserted "In implementing such programs, a State
    may reserve training positions for persons who receive welfare
    assistance from such State; except that the implementation of any
    such program shall not cause current employees to be displaced or
    current positions to be supplanted or preclude workers that are
    participating in an apprenticeship, skill improvement, or other
    upgrading program registered with the Department of Labor or the
    appropriate State agency from being referred to, or hired on,
    projects funded under this title without regard to the length of
    time of their participation in such program." after third sentence
    and substituted "State transportation departments" for "State
    highway departments".
      Subsec. (b). Pub. L. 105-178, Secs. 1208(b), 1212(a)(2)(A)(i),
    inserted "and technology" after "highway construction" and ", and
    to develop and fund summer transportation institutes" after "skill
    improvement programs" and substituted "section 104(b)(3)" for
    "section 104(b)" and "State transportation department" for "State
    highway department".
      Subsec. (c). Pub. L. 105-178, Sec. 1208(c), substituted
    "104(b)(3)" for "104(a)".
      1992 - Subsec. (b). Pub. L. 102-388 substituted " 1/2  of 1
    percent" for " 1/4  of 1 percent" in last sentence.
      1991 - Subsec. (b). Pub. L. 102-240, Sec. 1026(a), (b), inserted
    "Indian tribal government," after "institution," and inserted at
    end "Notwithstanding any other provision of law, not to exceed  1/4
     of 1 percent of funds apportioned to a State for the surface
    transportation program under section 104(b) and the bridge program
    under section 144 may be available to carry out this subsection
    upon request of the State highway department to the Secretary."
      Subsec. (c). Pub. L. 102-240, Sec. 1026(b), inserted "Indian
    tribal government," after "institution,".
      Subsec. (d). Pub. L. 102-240, Sec. 1026(c), inserted after first
    sentence "States may implement a preference for employment of
    Indians on projects carried out under this title near Indian
    reservations."
      1987 - Subsec. (d). Pub. L. 100-17 added subsec. (d).
      1983 - Pub. L. 97-424, Sec. 119(c), substituted
    "Nondiscrimination" for "Equal employment opportunity" in section
    catchline.
      Subsec. (a). Pub. L. 97-424, Sec. 119(a), substituted ", national
    origin, or sex" for "or national origin" after "color, creed", in
    two places.
      Subsec. (c). Pub. L. 97-424, Sec. 119(b), added subsec. (c).
      1976 - Subsec. (b). Pub. L. 94-280 substituted second sentence
    "Whenever apportionments are made under section 104(b) of this
    title, the Secretary shall deduct such sums as he may deem
    necessary, not to exceed $2,500,000 for the transition quarter
    ending September 30, 1976, and not to exceed $10,000,000 per fiscal
    year, for the administration of this subsection." for "Whenever an
    apportionment is made under subsections 104(b)(1), (b)(2), (b)(3),
    (b)(5), and (b)(6) of this title of the sums authorized to be
    appropriated for expenditure upon the Federal-aid primary and
    secondary systems, and their extensions within urban areas, the
    Interstate System, and the Federal-aid urban system for the fiscal
    years 1972, 1973, 1974, 1975, and 1976, the Secretary shall deduct
    such sums as he may deem necessary not to exceed $5,000,000 per
    fiscal year for the fiscal years 1972 and 1973, and $10,000,000 per
    fiscal year for the fiscal years 1974, 1975 and 1976, for
    administering the provisions of this subsection to be financed from
    the appropriation for the Federal-aid systems."
      1973 - Subsec. (b). Pub. L. 93-87 included apportionment of
    appropriated moneys for administration of subsec. (b) provisions
    for fiscal years 1974, 1975, and 1976, and substituted provisions
    which made available for such administration $5,000,000 per fiscal
    year for fiscal years 1972, and 1973, and $10,000,000 per fiscal
    year for fiscal years 1974, 1975, and 1976, for prior provision
    making available $5,000,000 per fiscal year for such
    administration.
      1970 - Pub. L. 91-605 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                              EFFECTIVE DATE                          
      Section effective Aug. 23, 1968, see section 37 of Pub. L. 90-
    495, set out as an Effective Date of 1968 Amendment note under
    section 101 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

    (!2) See References in Text note below.


-End-



-CITE-
    23 USC Sec. 141                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 141. Enforcement of requirements

-STATUTE-
      (a) Each State shall certify to the Secretary before January 1 of
    each year that it is enforcing all State laws respecting maximum
    vehicle size and weights permitted on the Federal-aid primary
    system, the Federal-aid urban system, and the Federal-aid secondary
    system, including the Interstate System in accordance with section
    127 of this title. Each State shall also certify that it is
    enforcing and complying with the provisions of section 127(d) of
    this title and section 31112 of title 49.
      (b)(1) Each State shall submit to the Secretary such information
    as the Secretary shall, by regulation, require as necessary, in his
    opinion, to verify the certification of such State under subsection
    (b) of this section.
      (2) If a State fails to certify as required by subsection (b) of
    this section or if the Secretary determines that a State is not
    adequately enforcing all State laws respecting such maximum vehicle
    size and weights, notwithstanding such a certification, then
    Federal-aid highway funds apportioned to such State for such fiscal
    year shall be reduced by amounts equal to 10 per centum of the
    amount which would otherwise be apportioned to such State under
    section 104 of this title.
      (3) If within one year from the date that the apportionment for
    any State is reduced in accordance with paragraph (2) of this
    subsection the Secretary determines that such State is enforcing
    all State laws respecting maximum size and weights, the
    apportionment of such State shall be increased by an amount equal
    to such reduction. If the Secretary does not make such a
    determination within such one-year period, the amounts so withheld
    shall be reapportioned to all other eligible States.
      (c) The Secretary shall reduce the State's apportionment of
    Federal-aid highway funds under section 104(b)(4) in an amount up
    to 25 per centum of the amount to be apportioned in any fiscal year
    beginning after September 30, 1984, during which heavy vehicles,
    subject to the use tax imposed by section 4481 of the Internal
    Revenue Code of 1986, may be lawfully registered in the State
    without having presented proof of payment, in such form as may be
    prescribed by the Secretary of the Treasury, of the use tax imposed
    by section 4481 of such Code. Amounts withheld from apportionment
    to a State under this subsection shall be apportioned to the other
    States pursuant to the formulas of section 104(b)(4) and shall be
    available in the same manner and to the same extent as other
    Interstate funds apportioned at the same time to other States.

-SOURCE-
    (Added Pub. L. 93-643, Sec. 107(a), Jan. 4, 1975, 88 Stat. 2284;
    amended Pub. L. 95-599, title I, Sec. 123(d), Nov. 6, 1978, 92
    Stat. 2702; Pub. L. 97-424, title I, Sec. 143, Jan. 6, 1983, 96
    Stat. 2129; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
    Pub. L. 102-240, title I, Sec. 1023(c), Dec. 18, 1991, 105 Stat.
    1954; Pub. L. 103-429, Sec. 3(7), Oct. 31, 1994, 108 Stat. 4378;
    Pub. L. 104-59, title II, Sec. 205(d)(1)(A), Nov. 28, 1995, 109
    Stat. 577; Pub. L. 105-178, title I, Sec. 1103(l)(3)(C), June 9,
    1998, 112 Stat. 126.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4481 of the Internal Revenue Code of 1986, referred to in
    subsec. (c), is classified to section 4481 of Title 26, Internal
    Revenue Code.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 141, Pub. L. 90-495, Sec. 35(a), Aug. 23, 1968,
    82 Stat. 836, related to real property acquisition policies, prior
    to repeal by Pub. L. 91-646, title III, Sec. 306, Jan. 2, 1971, 84
    Stat. 1907, such repeal becoming effective as to all States after
    July 1, 1972, the date on which sections 4630 and 4655 of Title 42,
    The Public Health and Welfare, covering similar subject matter,
    became applicable to all States.

                                AMENDMENTS                            
      1998 - Subsec. (c). Pub. L. 105-178 substituted "section
    104(b)(4)" for "section 104(b)(5) of this title" in two places.
      1995 - Pub. L. 104-59 redesignated subsecs. (b) to (d) as (a) to
    (c), respectively, and struck out former subsec. (a) which read as
    follows: "Each State shall certify to the Secretary before January
    1 of each year that it is enforcing all speed limits on public
    highways in accordance with section 154 of this title. The
    Secretary shall not approve any project under section 106 of this
    title in any State which has failed to certify in accordance with
    this subsection."
      1994 - Subsec. (b). Pub. L. 103-429 substituted "section 31112 of
    title 49" for "section 411(j) of the Surface Transportation
    Assistance Act of 1982 (49 U.S.C. App. 2311(j))".
      1991 - Subsec. (b). Pub. L. 102-240 inserted at end "Each State
    shall also certify that it is enforcing and complying with the
    provisions of section 127(d) of this title and section 411(j) of
    the Surface Transportation Assistance Act of 1982 (49 U.S.C. App.
    2311(j))."
      1986 - Subsec. (d). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954".
      1983 - Subsec. (d). Pub. L. 97-424 added subsec. (d).
      1978 - Pub. L. 95-599 designated existing provisions as subsecs.
    (a) and (b) and added subsec. (c).

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Section 205(d)(3) of Pub. L. 104-59 provided that: "The
    amendments made by paragraph (1) [amending this section and
    repealing section 154 of this title] shall be applicable to a State
    on the 10th day following the date of the enactment of this Act
    [Nov. 28, 1995]; except that if the legislature of a State is not
    in session on such date of enactment and the chief executive
    officer of the State declares, before such 10th day, that the
    legislature is not in session and that the State prefers an
    applicability date for such amendments that is after the date on
    which the legislature will convene, such amendments shall be
    applicable to the State on the 60th day following the date on which
    the legislature next convenes."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 123(e) of Pub. L. 95-599 provided that subsec. (c)(2) and
    (3) of this section be applicable to certifications required by
    this section to be filed on or after Jan. 1, 1980, prior to repeal
    by Pub. L. 96-106, Sec. 12, Nov. 9, 1979, 93 Stat. 798.

                 ENFORCEMENT OF VEHICLE WEIGHT LIMITATIONS             
      Section 123(a)-(c) of Pub. L. 95-599, as amended by Pub. L. 100-
    17, title I, Sec. 133(c)(4), Apr. 2, 1987, 101 Stat. 173, provided
    that:
      "(a) Not later than the one-hundred-eightieth day after the date
    of enactment of this section [Nov. 6, 1978], the Secretary of
    Transportation, hereunder referred to as the 'Secretary', in
    consultation with each State shall inventory the existing system of
    penalties for violations of vehicle weight laws, rules, and
    regulations on any portion of any Federal-aid system in such State.
    Each State shall annually thereafter report to the Secretary its
    current inventory.
      "(b)(1) Not later than the one-hundred-eightieth day after the
    date of enactment of this section [Nov. 6, 1978], the Secretary, in
    consultation with each State, shall inventory the existing system
    in such State for the issuance of special permits. Each State shall
    annually thereafter report to the Secretary its current inventory.
      "(2) For purposes of this subsection, the term 'special permit'
    means a license or permit issued pursuant to State law, rule, or
    regulation which authorizes a vehicle to exceed the weight
    limitation for such vehicle established under State law, rule, or
    regulation.
      "(c) Not later than January 1 of the second calendar year which
    begins after the date of enactment of this section [Nov. 6, 1978]
    and each calendar year thereafter the Secretary shall submit to the
    Committee on Environment and Public Works of the Senate and the
    Committee on Public Works and Transportation [now Committee on
    Transportation and Infrastructure] of the House of Representatives
    an annual report together with such recommendations as the
    Secretary deems necessary on (1) the latest annual inventory of
    State systems of penalties required by subsection (a) of this
    section; (2) the latest annual inventory of State systems for the
    issuance of special permits required by subsection (b) of this
    section; (3) the annual certification submitted by each State
    required by section 141(b) of title 23, United States Code."
      [For termination, effective May 15, 2000, of reporting provisions
    in section 123(c) of Pub. L. 95-599, set out above, see section
    3003 of Pub. L. 104-66, as amended, set out as a note under section
    1113 of Title 31, Money and Finance, and page 135 of House Document
    No. 103-7.]

-End-



-CITE-
    23 USC Sec. 142                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 142. Public transportation

-STATUTE-
      (a)(1) To encourage the development, improvement, and use of
    public mass transportation systems operating motor vehicles (other
    than on rail) on Federal-aid highways for the transportation of
    passengers (hereafter in this section referred to as "buses"), so
    as to increase the traffic capacity of the Federal-aid systems for
    the movement of persons, the Secretary may approve as a project on
    any Federal-aid system the construction of exclusive or
    preferential high occupancy vehicle lanes, highway traffic control
    devices, bus passenger loading areas and facilities (including
    shelters), and fringe and transportation corridor parking
    facilities to serve high occupancy vehicle and public mass
    transportation passengers, and sums apportioned under section
    104(b) of this title shall be available to finance the cost of
    projects under this paragraph. If fees are charged for the use of
    any parking facility constructed under this section, the rate
    thereof shall not be in excess of that required for maintenance and
    operation of the facility and the cost of providing shuttle service
    to and from the facility (including compensation to any person for
    operating the facility and for providing such shuttle service).
      (2) In addition to the projects under paragraph (1), the
    Secretary may approve as a project on the the (!1) surface
    transportation program for payment from sums apportioned under
    section 104(b)(3) for carrying out any capital transit project
    eligible for assistance under chapter 53 of title 49, capital
    improvement to provide access and coordination between intercity
    and rural bus service, and construction of facilities to provide
    connections between highway transportation and other modes of
    transportation.

      (b) Sums apportioned in accordance with section 104(b)(4) shall
    be available to finance the Federal share of projects for exclusive
    or preferential high occupancy vehicle, truck, and emergency
    vehicle routes or lanes. Routes constructed under this subsection
    shall not be subject to the third sentence of section 109(b) of
    this title.
      (c) Accommodation of Other Modes of Transportation. - The
    Secretary may approve as a project on any Federal-aid system for
    payment from sums apportioned under section 104(b) modifications to
    existing highway facilities on such system necessary to accommodate
    other modes of transportation if such modifications will not
    adversely affect automotive safety.
      (d) Metropolitan Planning. - Any project carried out under this
    section in an urbanized area shall be subject to the metropolitan
    planning requirements of section 134.
      (e)(1) For all purposes of this title, a project authorized by
    subsection (a)(1) of this section shall be deemed to be a highway
    project.
      (2) Notwithstanding section 209(f)(1) of the Highway Revenue Act
    of 1956, the Highway Trust Fund shall be available for making
    expenditures to meet obligations resulting from projects authorized
    by subsection (a)(2) of this section and such projects shall be
    subject to, and governed in accordance with, all provisions of this
    title applicable to projects on the surface transportation program,
    except to the extent determined inconsistent by the Secretary.
      (3) The Federal share payable on account of projects authorized
    by subsection (a) of this section shall be that provided in section
    120 of this title.
      (f) Availability of Rights-of-Way. - In any case where sufficient
    land or air space exits (!2) within the publicly acquired rights-of-
    way of any highway, constructed in whole or in part with Federal-
    aid highway funds, to accommodate needed passenger, commuter, or
    high speed rail, magnetic levitation systems, and highway and
    nonhighway public mass transit facilities, the Secretary shall
    authorize a State to make such lands, air space, and rights-of-way
    available with or without charge to a publicly or privately owned
    authority or company or any other person for such purposes if such
    accommodation will not adversely affect automotive safety.

      (g) The provision of assistance under subsection (a)(2) shall not
    be construed as bringing within the application of chapter 15 of
    title 5, United States Code, any non-supervisory employee of an
    urban mass transportation system (or of any other agency or entity
    performing related functions) to whom such chapter is otherwise
    inapplicable.
      (h) Funds available for expenditure to carry out the purposes of
    subsection (a)(2) of this section shall be supplementary to and not
    in substitution for funds authorized and available for obligation
    pursuant to chapter 53 of title 49.
      (i) The provisions of section 5323(a)(1)(D) (!3) of title 49
    shall apply in carrying out subsection (a)(2) of this section.


-SOURCE-
    (Added Pub. L. 91-605, title I, Sec. 111(a), Dec. 31, 1970, 84
    Stat. 1719; amended Pub. L. 93-87, title I, Sec. 121(a), Aug. 13,
    1973, 87 Stat. 259; Pub. L. 94-280, title I, Sec. 127, May 5, 1976,
    90 Stat. 440; Pub. L. 97-424, title I, Sec. 120, Jan. 6, 1983, 96
    Stat. 2111; Pub. L. 102-240, title I, Sec. 1027(a)-(e), title III,
    Sec. 3003(b), Dec. 18, 1991, 105 Stat. 1966, 2088; Pub. L. 103-272,
    Sec. 5(f)(2), July 5, 1994, 108 Stat. 1374; Pub. L. 103-429, Sec.
    7(a)(4)(C), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 105-178, title
    I, Sec. 1103(l)(3)(D), (4), June 9, 1998, 112 Stat. 126.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 209(f)(1) of the Highway Revenue Act of 1956, referred to
    in subsec. (e)(2), is set out as a note under section 120 of this
    title.
      Section 5323(a)(1)(D) of title 49, referred to in subsec. (i),
    was omitted in the general amendment of section 5323(a)(1) of Title
    49, Transportation, by Pub. L. 109-59, Title III, Sec. 3023(a)(1),
    Aug. 10, 2005, 119 Stat. 1615.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b). Pub. L. 105-178, Sec. 1103(l)(4), substituted
    "section 104(b)(4)" for "paragraph (5) of subsection (b) of section
    104 of this title".
      Subsec. (c). Pub. L. 105-178, Sec. 1103(l)(3)(D), struck out
    "(other than section 104(b)(5)(A))" after "section 104(b)".
      1994 - Subsec. (a)(2). Pub. L. 103-272, Sec. 5(f)(2)(A),
    substituted "chapter 53 of title 49" for "the Federal Transit Act".
      Subsec. (h). Pub. L. 103-272, Sec. 5(f)(2)(B), as amended by Pub.
    L. 103-429, Sec. 7(a)(4)(C), substituted "chapter 53 of title 49"
    for "the Federal Transit Act, as amended".
      Subsec. (i). Pub. L. 103-272, Sec. 5(f)(2)(C), as amended by Pub.
    L. 103-429, Sec. 7(a)(4)(C), substituted "section 5323(a)(1)(D) of
    title 49" for "section 3(e)(4) of the Federal Transit Act, as
    amended,".
      1991 - Subsec. (a)(2). Pub. L. 102-240, Sec. 1027(a), struck out
    ", beginning with the fiscal year ending June 30, 1975," after "the
    Secretary may", substituted "the surface transportation program"
    for "Federal-aid urban system," and substituted "104(b)(3) for
    carrying out any capital transit project eligible for assistance
    under the Federal Transit Act, capital improvement to provide
    access and coordination between intercity and rural bus service,
    and construction of facilities to provide connections between
    highway transportation and other modes of transportation." for
    "104(b)(6) of this title, the purchase of buses, and, beginning
    with the fiscal year ending June 30, 1976, approve as a project on
    the Federal-aid urban system, for payment from sums apportioned
    under section 104(b)(6) of this title, the construction,
    reconstruction, and improvement of fixed rail facilities, including
    the purchase of rolling stock for fixed rail, except that not more
    than $200,000,000 of all sums apportioned for the fiscal year
    ending June 30, 1975, under section 104(b)(6) shall be available
    for the payment of the Federal share of projects for the purchase
    of buses."
      Subsec. (c). Pub. L. 102-240, Sec. 1027(b), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows:
    "Whenever responsible local officials of an urbanized area notify
    the State highway department that, in lieu of a highway project the
    Federal share of which is to be paid from funds apportioned under
    section 104(b)(6) of this title for the fiscal years ending June
    30, 1974, and June 30, 1975, their needs require a nonhighway
    public mass transit project involving the construction of fixed
    rail facilities, or the purchase of passenger equipment, including
    rolling stock for any mode of mass transit, or both, and the State
    highway department determines that such public mass transit project
    is in accordance with the planning process under section 134 of
    this title and is entitled to priority under such planning process,
    such public mass transit project shall be submitted for approval to
    the Secretary. Approval of the plans, specifications, and estimates
    for such project by the Secretary shall be deemed a contractual
    obligation of the United States for payment out of the general
    funds of its proportional share of the cost of such project in an
    amount equal to the Federal share which would have been paid if
    such project were a highway project under section 120(a) of this
    title. Funds previously apportioned to such State under section
    104(b)(6) of this title shall be reduced by an amount equal to such
    Federal share."
      Subsec. (d). Pub. L. 102-240, Sec. 1027(c), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "The
    establishment of routes and schedules of such public mass
    transportation systems in urbanized areas shall be based upon a
    continuing comprehensive transportation planning process carried on
    in accordance with section 134 of this title."
      Subsec. (e)(2). Pub. L. 102-240, Sec. 1027(e)(1), substituted
    "surface transportation program" for "Federal-aid urban system".
      Subsec. (f). Pub. L. 102-240, Sec. 1027(e)(2), (3), redesignated
    subsec. (g) as (f) and struck out former subsec. (f) which read as
    follows: "No project authorized by this section shall be approved
    unless the Secretary of Transportation has received assurances
    satisfactory to him from the State that high occupancy vehicles
    will fully utilize the proposed project."
      Subsec. (g). Pub. L. 102-240, Sec. 1027(e)(3), (4), redesignated
    subsec. (h) as (g) and struck out "or subsection (c) of this
    section" after "(a)(2)". Former subsec. (g) redesignated (f).
      Pub. L. 102-240, Sec. 1027(d), amended subsec. (g) generally.
    Prior to amendment, subsec. (g) read as follows: "In any case where
    sufficient land exists within the publicly acquired rights-of-way
    of any Federal-aid highway to accommodate needed rail or non-
    highway public mass transit facilities and where this can be
    accomplished without impairing automotive safety or future highway
    improvements, the Administrator may authorize a State to make such
    lands and rights-of-way available without charge to a publicly
    owned mass transit authority for such purposes wherever he may deem
    that the public interest will be served thereby."
      Subsec. (h). Pub. L. 102-240, Sec. 3003(b), substituted "Federal
    Transit Act" for "Urban Mass Transportation Act of 1964".
      Pub. L. 102-240, Sec. 1027(e)(3), (5), redesignated subsec. (i)
    as (h) and struck out "and subsection (c)" after "(a)(2)". Former
    subsec. (h) redesignated (g).
      Subsec. (i). Pub. L. 102-240, Sec. 3003(b), substituted "Federal
    Transit Act" for "Urban Mass Transportation Act of 1964".
      Pub. L. 102-240, Sec. 1027(e)(3), (5), redesignated subsec. (j)
    as (i) and struck out "and subsection (c)" after "(a)(2)". Former
    subsec. (i) redesignated (h).
      Subsec. (j). Pub. L. 102-240, Sec. 1027(e)(3), redesignated
    subsec. (j) as (i).
      Subsec. (k). Pub. L. 102-240, Sec. 1027(e)(2), struck out subsec.
    (k) which read as follows: "The Secretary shall not approve any
    project under subsection (a)(2) of this section in any fiscal year
    when there has been enacted an Urban Transportation Trust Fund or
    similar assured funding for both highway and public
    transportation."
      1983 - Subsec. (a)(1). Pub. L. 97-424, Sec. 120(a), inserted "and
    the cost of providing shuttle service to and from the facility"
    after "of the facility", and "and for providing such shuttle
    service" after "operating the facility".
      Pub. L. 97-424, Sec. 120(b)(1), substituted "high occupancy
    vehicle lanes" for "bus lanes" after "preferential", and "high
    occupancy vehicle and" for "bus and other" after "facilities to
    serve".
      Subsec. (b). Pub. L. 97-424, Sec. 120(b)(2), substituted "high
    occupancy vehicle" for "bus" after "preferential".
      Subsec. (f). Pub. L. 97-424, Sec. 120(b)(3), substituted "high
    occupancy vehicles" for "public mass transportation systems".
      1976 - Subsec. (a)(1). Pub. L. 94-280, Sec. 127(a), inserted
    provision that if fees are charged for the use of any parking
    facility constructed under this section, the rate thereof shall not
    be in excess of that required for maintenance and operation of the
    facility (including compensation to any person for operating the
    facility).
      Subsec. (e)(3). Pub. L. 94-280, Sec. 127(b), substituted "section
    120 of this title" for "section 120 of this section".
      1973 - Subsec. (a). Pub. L. 93-87 designated existing provisions
    as par. (1), substituted "operating motor vehicles (other than on
    rail) on Federal-aid highways" for "operating motor vehicles on
    highways, other than on rails", struck out "within urbanized areas"
    after " 'buses')", inserted "for the movement of persons" after
    "Federal-aid systems", and substituted provisions respecting
    availability of sums apportioned under section 104(b) of this title
    for prior provisions for such sums apportioned in accordance with
    pars. (3), (5), and (6) of section 104(b) of this title, and added
    par. (2).
      Subsec. (b). Pub. L. 93-87 added subsec. (b). Former subsec. (b)
    redesignated (d).
      Subsec. (c). Pub. L. 93-87 added subsec. (c). Former subsec. (c)
    incorporated in subsec. (e)(1), (3) of this section.
      Subsec. (d). Pub. L. 93-87 redesignated former subsec. (b) as
    (d), inserted "in urbanized areas" after "transportation systems",
    and struck out former subsec. (d) provisions which prohibited any
    project authorized by this section, other than a project for fringe
    or transportation parking facilities, from being approved unless
    the project would avoid the construction of a highway project which
    increases automobile traffic capacity, would provide a capacity for
    the movement of persons at least equal to that which would be
    provided by the avoided highway project, and would not exceed in
    the amount of the Federal share, the Federal share of the cost of
    the avoided highway project; or no other feasible or prudent
    highway project could provide the additional capacity for the
    movement of persons by motor vehicles on highways (other than on
    rails) provided by this project.
      Subsec. (e). Pub. L. 93-87 incorporated provisions of former
    subsec. (c) in pars. (1) and (3) and added par. (2). Former subsec.
    (e) redesignated (f).
      Subsec. (f). Pub. L. 93-87 redesignated former subsec. (e) as (f)
    and substituted "will fully utilize" for "will have adequate
    capability to fully utilize".
      Subsecs. (g) to (k). Pub. L. 93-87 added subsecs. (g) to (k).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 7(a) of Pub. L. 103-429 provided in part that the
    amendment made by that section is effective July 5, 1994.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by section 1027 of Pub. L. 102-240 effective Dec. 18,
    1991, and applicable to funds authorized to be appropriated or made
    available after Sept. 30, 1991, and, with certain exceptions, not
    applicable to funds appropriated or made available on or before
    Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as a
    note under section 104 of this title.

    RURAL HIGHWAY TRANSPORTATION DEMONSTRATION PROGRAM; APPROPRIATIONS
                 AUTHORIZATION; PUBLIC NOTICE AND HEARING
      Section 147 of Pub. L. 93-87, as amended by Pub. L. 93-643, Sec.
    103, Jan. 4, 1975, 88 Stat. 2282; Pub. L. 94-280, title I, Sec.
    129, May 5, 1976, 90 Stat. 440; Pub. L. 95-599, title I, Sec. 132,
    Nov. 6, 1978, 92 Stat. 2708, provided for authorization of
    appropriations of $15,000,000 for the fiscal year ending June 30,
    1975, and $60,000,000 for the fiscal year ending June 30, 1976, to
    carry out demonstration projects for public mass transportation
    projects in rural and small urban areas, authorized availability of
    such sums for a period of two years after the close of the fiscal
    year for which authorized, and required public notice and hearing
    for such projects.

            TRANSPORTATION FOR ELDERLY AND HANDICAPPED PERSONS        
      Pub. L. 93-643, Sec. 105(a), Jan. 4, 1975, 88 Stat. 2282,
    provided that: "It is hereby declared to be the national policy
    that elderly and handicapped persons have the same right as other
    persons to utilize mass transportation facilities and services;
    that special efforts shall be made in the planning, design,
    construction, and operation of mass transportation facilities and
    services so that the availability to elderly and handicapped
    persons of mass transportation which they can effectively utilize
    will be assured; and that all Federal programs offering assistance
    for mass transportation (including the programs under title 23,
    United States Code, the Federal-Aid Highway Act of 1973, and this
    Act [see Short Title of 1973 Amendment note under 101 of this
    title]) effectively implement this policy."

                      BUS AND OTHER PROJECT STANDARDS                  
      Section 165 of Pub. L. 93-87, as amended by Pub. L. 93-643, Sec.
    105(b), Jan. 4, 1975, 88 Stat. 2283, provided that:
      "(a) The Secretary of Transportation shall require that buses
    acquired with Federal financial assistance under (1) subsection (a)
    or (c) of section 142 of title 23, United States Code, (2)
    paragraph (4) of subsection (e) of section 103, title 23, United
    States Code, or (3) section 147 of the Federal-aid Highway Act of
    1973 [set out as a note under this section] meet the standards
    prescribed by the Administrator of the Environmental Protection
    Agency under section 202 of the Clean Air Act [section 7521 of
    Title 42, The Public Health and Welfare], and under section 6 of
    the Noise Control Act of 1972 [section 4905 of Title 42], and shall
    authorize the acquisition, wherever practicable, of buses which
    meet the special criteria for low-emission vehicles set forth in
    section 212 of the Clean Air Act [section 7546 of Title 42], and
    for low-noise-emission products set forth in section 15 of the
    Noise Control Act of 1972 [section 4914 of Title 42].
      "(b) The Secretary of Transportation shall require that projects
    receiving Federal financial assistance under (1) subsection (a) or
    (c) of section 142 of title 23, United States Code, (2) paragraph
    (4) of subsection (e) of section 103, title 23, United States Code,
    or (3) section 147 of the Federal-Aid Highway Act of 1973 [set out
    as a note above] shall be planned, designed, constructed, and
    operated to allow effective utilization by elderly or handicapped
    persons who, by reason of illness, injury, age, congenital
    malfunction, or other permanent or temporary incapacity or
    disability, including those who are nonambulatory wheelchair-bound
    and those with semiambulatory capabilities, are unable without
    special facilities or special planning or design to utilize such
    facilities and services effectively. The Secretary shall not
    approve any program or project to which this section applies which
    does not comply with the provisions of this subsection requiring
    access to public mass transportation facilities, equipment, and
    services for elderly or handicapped persons."

-FOOTNOTE-
    (!1) So in original.

    (!2) So in original. Probably should be "exists".

    (!3) See References in Text note below.


-End-



-CITE-
    23 USC Sec. 143                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 143. Highway use tax evasion projects

-STATUTE-
      (a) State Defined. - In this section, the term "State" means the
    50 States and the District of Columbia.
      (b) Projects. - 
        (1) In general. - The Secretary shall carry out highway use tax
      evasion projects in accordance with this subsection.
        (2) Allocation of funds. - Funds made available to carry out
      this section may be allocated to the Internal Revenue Service and
      the States at the discretion of the Secretary; except that of
      funds so made available for each of fiscal years 2005 through
      2009, $2,000,000 shall be available only to carry out
      intergovernmental enforcement efforts, including research and
      training.
        (3) Conditions on funds allocated to internal revenue service. -
       Except as otherwise provided in this section, the Secretary
      shall not impose any condition on the use of funds allocated to
      the Internal Revenue Service under this subsection.
        (4) Limitation on use of funds. - Funds made available to carry
      out this section shall be used only - 
          (A) to expand efforts to enhance motor fuel tax enforcement;
          (B) to fund additional Internal Revenue Service staff, but
        only to carry out functions described in this paragraph;
          (C) to supplement motor fuel tax examinations and criminal
        investigations;
          (D) to develop automated data processing tools to monitor
        motor fuel production and sales;
          (E) to evaluate and implement registration and reporting
        requirements for motor fuel taxpayers;
          (F) to reimburse State expenses that supplement existing fuel
        tax compliance efforts;
          (G) to analyze and implement programs to reduce tax evasion
        associated with other highway use taxes;
          (H) to support efforts between States and Indian tribes to
        address issues relating to State motor fuel taxes; and
          (I) to analyze and implement programs to reduce tax evasion
        associated with foreign imported fuel.

        (5) Maintenance of effort. - The Secretary may not make an
      allocation to a State under this subsection for a fiscal year
      unless the State certifies that the aggregate expenditure of
      funds of the State, exclusive of Federal funds, for motor fuel
      tax enforcement activities will be maintained at a level that
      does not fall below the average level of such expenditure for the
      preceding 2 fiscal years of the State.
        (6) Federal share. - The Federal share of the cost of a project
      carried out under this subsection shall be 100 percent.
        (7) Period of availability. - Funds authorized to carry out
      this section shall remain available for obligation for a period
      of 3 years after the last day of the fiscal year for which the
      funds are authorized.
        (8) Use of surface transportation program funding. - In
      addition to funds made available to carry out this section, a
      State may expend up to  1/4  of 1 percent of the funds
      apportioned to the State for a fiscal year under section
      104(b)(3) on initiatives to halt the evasion of payment of motor
      fuel taxes.
        (9) Reports. - The Commissioner of the Internal Revenue Service
      and each State shall submit to the Secretary an annual report
      that describes the projects, examinations, and criminal
      investigations funded by and carried out under this section. Such
      report shall specify the estimated annual yield from such
      projects, examinations, and criminal investigations.

      (c) Excise Tax Fuel Reporting. - 
        (1) In general. - Not later than 90 days after the date of
      enactment of the SAFETEA-LU, the Secretary shall enter into a
      memorandum of understanding with the Commissioner of the Internal
      Revenue Service for the purposes of - 
          (A) the additional development of capabilities needed to
        support new reporting requirements and databases established
        under such Act and the American Jobs Creation Act of 2004
        (Public Law 108-357), and such other reporting requirements and
        database development as may be determined by the Secretary, in
        consultation with the Commissioner of the Internal Revenue
        Service, to be useful in the enforcement of fuel excise taxes,
        including provisions recommended by the Fuel Tax Enforcement
        Advisory Committee,
          (B) the completion of requirements needed for the electronic
        reporting of fuel transactions from carriers and terminal
        operators,
          (C) the operation and maintenance of an excise summary
        terminal activity reporting system and other systems used to
        provide strategic analyses of domestic and foreign motor fuel
        distribution trends and patterns,
          (D) the collection, analysis, and sharing of information on
        fuel distribution and compliance or noncompliance with fuel
        taxes, and
          (E) the development, completion, operation, and maintenance
        of an electronic claims filing system and database and an
        electronic database of heavy vehicle highway use payments.

        (2) Elements of memorandum of understanding. - The memorandum
      of understanding shall provide that - 
          (A) the Internal Revenue Service shall develop and maintain
        any system under paragraph (1) through contracts,
          (B) any system under paragraph (1) shall be under the control
        of the Internal Revenue Service, and
          (C) any system under paragraph (1) shall be made available
        for use by appropriate State and Federal revenue, tax, and law
        enforcement authorities, subject to section 6103 of the
        Internal Revenue Code of 1986.

        (3) Funding. - Of the amounts made available to carry out this
      section for each of fiscal years 2005 through 2009, the Secretary
      shall make available to the Internal Revenue Service such funds
      as may be necessary to complete, operate, and maintain the
      systems under paragraph (1) in accordance with this subsection.
        (4) Reports. - Not later than September 30 of each year, the
      Commissioner of the Internal Revenue Service shall provide
      reports to the Secretary on the status of the Internal Revenue
      Service projects funded under this subsection.

-SOURCE-
    (Added Pub. L. 91-605, title I, Sec. 127(a), Dec. 31, 1970, 84
    Stat. 1729; amended Pub. L. 93-87, title I, Sec. 122, Aug. 13,
    1973, 87 Stat. 261; Pub. L. 105-178, title I, Sec. 1114(a), (c),
    June 9, 1998, 112 Stat. 152; Pub. L. 105-206, title IX, Sec.
    9002(h), July 22, 1998, 112 Stat. 836; Pub. L. 109-59, title I,
    Sec. 1115(a), (b), Aug. 10, 2005, 119 Stat. 1175, 1176.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The SAFETEA-LU, referred to in subsec. (c)(1), 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 American Jobs Creation Act of 2004, referred to in subsec.
    (c)(1)(A), is Pub. L. 108-357, Oct. 22, 2004, 118 Stat. 1418, as
    amended. For complete classification of this Act to the Code, see
    Short Title of 2004 Amendments note set out under section 1 of
    Title 26, Internal Revenue Code, and Tables.
      Section 6103 of the Internal Revenue Code of 1986, referred to in
    subsec. (c)(2)(C), is classified to section 6103 of Title 26,
    Internal Revenue Code.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    Pub. L. 102-240, title I, Sec. 1040, Dec. 18, 1991, 105 Stat. 1992,
    as amended, which was set out as a note under section 101 of this
    title, prior to repeal by Pub. L. 105-178, Sec. 1114(b)(2).

                                AMENDMENTS                            
      2005 - Subsec. (b)(2). Pub. L. 109-59, Sec. 1115(a)(1), inserted
    before period at end "; except that of funds so made available for
    each of fiscal years 2005 through 2009, $2,000,000 shall be
    available only to carry out intergovernmental enforcement efforts,
    including research and training".
      Subsec. (b)(3). Pub. L. 109-59, Sec. 1115(a)(2), substituted
    "Except as otherwise provided in this section, the" for "The".
      Subsec. (b)(4)(H), (I). Pub. L. 109-59, Sec. 1115(a)(3), added
    subpars. (H) and (I).
      Subsec. (b)(9). Pub. L. 109-59, Sec. 1115(a)(4), added par. (9).
      Subsec. (c). Pub. L. 109-59, Sec. 1115(b), amended heading and
    text of subsec. (c) generally, substituting provisions relating to
    memorandum of understanding to be entered into by the Secretary
    with the Commissioner of the Internal Revenue Service not later
    than 90 days after the date of enactment of the SAFETEA-LU for
    provisions relating to memorandum of understanding to be entered
    into by the Secretary with the Commissioner of the Internal Revenue
    Service not later than August 1, 1998.
      1998 - Pub. L. 105-178 amended section catchline and text
    generally, substituting provisions relating to highway use tax
    evasion projects for provisions relating to economic growth center
    development highways.
      Subsec. (c)(1). Pub. L. 105-178, Sec. 1114(c)(1), as added by
    Pub. L. 105-206, Sec. 9002(h), substituted "August 1" for "April
    1".
      Subsec. (c)(3). Pub. L. 105-178, Sec. 1114(c)(2), (3), as added
    by Pub. L. 105-206, Sec. 9002(h), in heading inserted "priority"
    after "Funding" and in text inserted "and prior to funding any
    other activity under this section," after "2003,".
      1973 - Subsec. (a). Pub. L. 93-87, Sec. 122(a), (c), substituted
    "projects" for "demonstration projects" and "a Federal-aid system
    (other than the Interstate System)" for "the Federal-aid primary
    system" and deleted "to demonstrate the role that highways can
    play" before "to promote".
      Subsec. (b). Pub. L. 93-87, Sec. 122(a), substituted "projects"
    for "demonstration projects" and "a Federal-aid system (other than
    the Interstate System)" for "the Federal-aid primary system".
      Subsec. (c). Pub. L. 93-87, Sec. 122(a), substituted "project"
    for "demonstration project" and "a Federal-aid system (other than
    the Interstate System)" for "the Federal-aid primary system".
      Subsec. (d). Pub. L. 93-87, Sec. 122(a), substituted "highways on
    the Federal-aid system on which such development highway is
    located" for "Federal-aid primary highways".
      Subsec. (e). Pub. L. 93-87, Sec. 122(b), inserted introductory
    text "Except as otherwise provided in subsection (c) of this
    section," and substituted "the Federal share of the cost of any
    project for construction, reconstruction, or improvement of a
    development highway under this section shall be the same as that
    provided under this title for any other project on the Federal-aid
    system on which such development highway is located" for "the
    Federal share of the cost of any project for construction,
    reconstruction, or improvement of a development highway under this
    section shall be increased by not to exceed an additional 20 per
    centum of the cost of such project, except that in no case shall
    the Federal share exceed 95 per centum of the cost of such
    project".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    this title.

                     HIGHWAY USE TAX EVASION PROJECTS                 
      Pub. L. 102-240, title VIII, Sec. 8002(g), (h), Dec. 18, 1991,
    105 Stat. 2204, 2205, as amended by Pub. L. 105-178, title I, Sec.
    1114(b)(3), June 9, 1998, 112 Stat. 154, provided that:
      "(g) Use of Revenues for Enforcement of Highway Trust Fund Taxes.
    - The Secretary of Transportation shall not impose any condition on
    the use of funds transferred under section 143 of title 23, United
    States Code, to the Internal Revenue Service. The Secretary of the
    Treasury shall, at least 60 days before the beginning of each
    fiscal year (after fiscal year 1992) for which such funds are to be
    transferred, submit a report to the Committee on Ways and Means of
    the House of Representatives and the Committee on Finance of the
    Senate detailing the increased enforcement activities to be
    financed with such funds with respect to taxes referred to in
    section 9503(b)(1) of the Internal Revenue Code of 1986 [26 U.S.C.
    9503(b)(1)].
      "[(h) Repealed. Pub. L. 105-178, title I, Sec. 1114(b)(3)(B),
    June 9, 1998, 112 Stat. 154.]"

-End-



-CITE-
    23 USC Sec. 144                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 144. Highway bridge replacement and rehabilitation program

-STATUTE-
      (a) Finding and Declaration. - Congress finds and declares that
    it is in the vital interest of the United States that a highway
    bridge program be carried out to enable States to improve the
    condition of their highway bridges over waterways, other
    topographical barriers, other highways, and railroads through
    replacement and rehabilitation of bridges that the States and the
    Secretary determine are structurally deficient or functionally
    obsolete and through systematic preventive maintenance of bridges.
      (b) The Secretary, in consultation with the States, shall (1)
    inventory all those highway bridges on any Federal-aid system which
    are bridges over waterways, other topographical barriers, other
    highways, and railroads; (2) classify them according to
    serviceability, safety, and essentiality for public use; (3) based
    on that classification, assign each a priority for replacement or
    rehabilitation; and (4) determine the cost of replacing each such
    bridge with a comparable facility or of rehabilitating such bridge.
      (c)(1) The Secretary, in consultation with the States, shall (1)
    inventory all those highway bridges on public roads, other than
    those on any Federal-aid system, which are bridges over waterways,
    other topographical barriers, other highways, and railroads, (2)
    classify them according to serviceability, safety, and essentiality
    for public use, (3) based on the classification, assign each a
    priority for replacement or rehabilitation and (4) determine the
    cost of replacing each such bridge with a comparable facility or of
    rehabilitating such bridge.
      (2) The Secretary may, at the request of a State, inventory
    bridges, on and off the Federal-aid system, for historic
    significance.
      (3) Inventory of indian reservation and park bridges. - As part
    of the activities carried out under paragraph (1), the Secretary,
    in consultation with the Secretary of the Interior, shall (A)
    inventory all those highway bridges on Indian reservation roads and
    park roads which are bridges over waterways, other topographical
    barriers, other highways, and railroads, (B) classify them
    according to serviceability, safety, and essentiality for public
    use, (C) based on the classification, assign each a priority for
    replacement or rehabilitation, and (D) determine the cost of
    replacing each such bridge with a comparable facility or of
    rehabilitating such bridge.
      (d) Participation. - 
        (1) Bridge replacement and rehabilitation. - On application by
      a State or States to the Secretary for assistance for a highway
      bridge that has been determined to be eligible for replacement or
      rehabilitation under subsection (b) or (c), the Secretary may
      approve Federal participation in - 
          (A) replacing the bridge with a comparable facility; or
          (B) rehabilitating the bridge.

        (2) Types of assistance. - On application by a State or States
      to the Secretary, the Secretary may approve Federal assistance
      for any of the following activities for a highway bridge that has
      been determined to be eligible for replacement or rehabilitation
      under subsection (b) or (c):
          (A) Painting.
          (B) Seismic retrofit.
          (C) Systematic preventive maintenance.
          (D) Installation of scour countermeasures.
          (E) Application of calcium magnesium acetate, sodium
        acetate/formate, or other environmentally acceptable, minimally
        corrosive anti-icing and de-icing compositions.

        (3) Basis for determination. - The Secretary shall determine
      the eligibility of highway bridges for replacement or
      rehabilitation for each State based on structurally deficient and
      functionally obsolete highway bridges in the State.
        (4) Special rule for preventive maintenance. - Notwithstanding
      any other provision of this subsection, a State may carry out a
      project under paragraph (2)(B), (2)(C), or (2)(D) for a highway
      bridge without regard to whether the bridge is eligible for
      replacement or rehabilitation under this section.

      (e) Funds authorized to carry out this section shall be
    apportioned among the several States on October 1 of the fiscal
    year for which authorized in accordance with this subsection. Each
    deficient bridge shall be placed into one of the following
    categories: (1) Federal-aid system bridges eligible for
    replacement, (2) Federal-aid system bridges eligible for
    rehabilitation, (3) off-system bridges eligible for replacement,
    and (4) off-system bridges eligible for rehabilitation. The deck
    area of deficient bridges in each category shall be multiplied by
    the respective unit price on a State-by-State basis, as determined
    by the Secretary; and the total cost in each State divided by the
    total cost of the deficient bridges in all States shall determine
    the apportionment factors. For purposes of the preceding sentence,
    if a State transfers funds apportioned to the State under this
    section in a fiscal year beginning after September 30, 1997, to any
    other apportionment of funds to such State under this title, the
    total cost of deficient bridges in such State and in all States to
    be determined for the succeeding fiscal year shall be reduced by
    the amount of such transferred funds. No State shall receive more
    than 10 per centum or less than 0.25 per centum of the total
    apportionment for any one fiscal year. The Secretary shall make
    these determinations based upon the latest available data, which
    shall be updated annually. Funds apportioned under this section
    shall be available for expenditure for the period specified in
    section 118(b)(2). Any funds not obligated at the expiration of
    such period shall be reapportioned by the Secretary to the other
    States in accordance with this subsection. The use of funds
    authorized under this section to carry out a project for the
    seismic retrofit of a bridge shall not affect the apportionment of
    funds under this section.
      (f) The Federal share payable on account of any project under
    this section shall be 80 per centum of the cost thereof.
      (g) Bridge Set-asides. - 
        (1) Designated projects. - 
          (A) In general. - Of the amounts authorized to be
        appropriated to carry out the bridge program under this section
        for each of the fiscal years 2006 through 2009, all but
        $100,000,000 shall be apportioned as provided in subsection
        (e). Such $100,000,000 shall be available as follows:
            (i) $12,500,000 per fiscal year for the Golden Gate Bridge.
            (ii) $18,750,000 per fiscal year for the construction of a
          bridge joining the Island of Gravina to the community of
          Ketchikan in Alaska.
            (iii) $12,500,000 per fiscal year to the State of Nevada
          for construction of a replacement of the federally owned
          bridge over the Hoover Dam in the Lake Mead National
          Recreation Area.
            (iv) $12,500,000 per fiscal year to the State of Missouri
          for construction of a structure over the Mississippi River to
          connect the City of St. Louis, Missouri, to the State of
          Illinois.
            (v) $12,500,000 per fiscal year for replacement and
          reconstruction of State maintained bridges in the State of
          Oklahoma.
            (vi) $4,500,000 per fiscal year for replacement of the
          Missisquoi Bay Bridge, Vermont.
            (vii) $8,000,000 per fiscal year for replacement and
          reconstruction of State-maintained bridges in the State of
          Vermont.
            (viii) $8,750,000 per fiscal year for design, planning, and
          right-of-way acquisition for the Interstate Route 74 bridge
          from Bettendorf, Iowa, to Moline, Illinois.
            (ix) $10,000,000 per fiscal year for replacement and
          reconstruction of State-maintained bridges in the State of
          Oregon.

          (B) Gravina access scoring. - The project described in
        subparagraph (A)(ii) shall not be counted for purposes of the
        reduction set forth in the fourth sentence of subsection (e).
          (C) Period of availability. - Amounts made available to a
        State under this paragraph shall remain available until
        expended.

        (2) Off-system bridges. - 
          (A) In general. - Not less than 15 percent of the amount
        apportioned to each State in each of fiscal years 2005 through
        2009 shall be expended for projects to replace, rehabilitate,
        paint, perform systematic preventive maintenance or seismic
        retrofit of, or apply calcium magnesium acetate, sodium
        acetate/formate, or other environmentally acceptable, minimally
        corrosive anti-icing and de-icing compositions to, or install
        scour countermeasures to, highway bridges located on public
        roads, other than those on a Federal-aid highway, or to
        complete the Warwick Intermodal Station (including the
        construction of a people mover between the Station and the T.F.
        Green Airport).
          (B) Reduction of expenditures. - The Secretary, after
        consultation with State and local officials, may reduce the
        requirement for expenditure for bridges not on a Federal-aid
        highway under subparagraph (A) with respect to the State if the
        Secretary determines that the State has inadequate needs to
        justify the expenditure.

      (h) Notwithstanding any other provision of law, the General
    Bridge Act of 1946 (33 U.S.C. 525-533) shall apply to bridges
    authorized to be replaced, in whole or in part, by this section,
    except that subsection (b) of section 502 of such Act of 1946 and
    section 9 of the Act of March 3, 1899 (30 Stat. 1151) shall not
    apply to any bridge constructed, reconstructed, rehabilitated, or
    replaced with assistance under this title, if such bridge is over
    waters (1) which are not used and are not susceptible to use in
    their natural condition or by reasonable improvement as a means to
    transport interstate or foreign commerce, and (2) which are (a) not
    tidal, or (b) if tidal, used only by recreational boating, fishing,
    and other small vessels less than 21 feet in length.
      (i) Inventories and Reports. - The Secretary shall - 
        (1) report to the Committee on Environment and Public Works of
      the Senate and the Committee on Transportation and Infrastructure
      of the House of Representatives on projects approved under this
      section;
        (2) annually revise the current inventories authorized by
      subsections (b) and (c) of this section;
        (3) report to such committees on such inventories; and
        (4) report to such committees such recommendations as the
      Secretary may have for improvements of the program authorized by
      this section.

    Such reports shall be submitted to such committees biennially.
      (j) Sums apportioned to a State under this section shall be made
    available for obligation throughout such State on a fair and
    equitable basis.
      (k) Not later than six months after the date of enactment of this
    subsection, and periodically thereafter, the Secretary shall review
    the procedure used in approving or disapproving applications
    submitted under this section to determine what changes, if any, may
    be made to expedite such procedure. Any such changes shall be
    implemented by the Secretary as soon as possible. Not later than
    nine months after the date of enactment of this subsection, the
    Secretary shall submit a report to Congress which describes such
    review and such changes, including any recommendations for
    legislative changes.
      (l) Notwithstanding any other provision of law, any bridge which
    is owned and operated by an agency (1) which does not have taxing
    powers, (2) whose functions include operating a federally assisted
    public transit system subsidized by toll revenues, shall be
    eligible for assistance under this section but the amount of such
    assistance shall in no event exceed the cumulative amount which
    such agency has expended for capital and operating costs to
    subsidize such transit system. Before authorizing an expenditure of
    funds under this subsection, the Secretary shall determine that the
    applicant agency has insufficient reserves, surpluses, and
    projected revenues (over and above those required for bridge and
    transit capital and operating costs) to fund the necessary bridge
    replacement or rehabilitation project. Any non-Federal funds
    expended for the seismic retrofit of the bridge may be credited
    toward the non-Federal share required as a condition of receipt of
    any Federal funds for seismic retrofit of the bridge made available
    after the date of the expenditure.
      (m) Replacement of Destroyed Bridges and Ferryboat Service. - 
        (1) General rule. - Notwithstanding any other provision of this
      section or of any other provision of law, a State may utilize any
      of the funds provided under this section to construct any bridge
      which - 
          (A) replaces any low water crossing (regardless of the length
        of such low water crossing),
          (B) replaces any bridge which was destroyed prior to 1965,
          (C) replaces any ferry which was in existence on January 1,
        1984, or
          (D) replaces any road bridges rendered obsolete as a result
        of United States Corps of Engineers flood control or
        channelization projects and not rebuilt with funds from the
        United States Corps of Engineers.

        (2) Federal share. - The Federal share payable on any bridge
      construction carried out under paragraph (1) shall be 80 percent
      of the cost of such construction.

      (n) Off-System Bridge Program. - Notwithstanding any other
    provision of law, with respect to any project not on a Federal-aid
    highway for the replacement of a bridge or rehabilitation of a
    bridge which is wholly funded from State and local sources, is
    eligible for Federal funds under this section, is noncontroversial,
    is certified by the State to have been carried out in accordance
    with all standards applicable to such projects under this section,
    and is determined by the Secretary upon completion to be no longer
    a deficient bridge, any amount expended after the date of the
    enactment of this subsection from State and local sources for such
    project in excess of 20 percent of the cost of construction thereof
    may be credited to the non-Federal share of the cost of the
    projects in such State which are eligible for Federal funds under
    this section. Such crediting shall be in accordance with such
    procedures as the Secretary may establish.
      (o) Historic Bridge Program. - 
        (1) Coordination. - The Secretary shall, in cooperation with
      the States, implement the programs described in this section in a
      manner that encourages the inventory, retention, rehabilitation,
      adaptive reuse, and future study of historic bridges.
        (2) State inventory. - The Secretary shall require each State
      to complete an inventory of all bridges on and off the Federal-
      aid system to determine their historic significance.
        (3) Eligibility. - Reasonable costs associated with actions to
      preserve, or reduce the impact of a project under this chapter
      on, the historic integrity of historic bridges shall be eligible
      as reimbursable project costs under this title (including this
      section) if the load capacity and safety features of the bridge
      are adequate to serve the intended use for the life of the
      bridge; except that in the case of a bridge which is no longer
      used for motorized vehicular traffic, the costs eligible as
      reimbursable project costs pursuant to this subsection shall not
      exceed the estimated cost of demolition of such bridge.
        (4) Preservation. - Any State which proposes to demolish a
      historic bridge for a replacement project with funds made
      available to carry out this section shall first make the bridge
      available for donation to a State, locality, or responsible
      private entity if such State, locality, or responsible entity
      enters into an agreement to - 
          (A) maintain the bridge and the features that give it its
        historic significance; and
          (B) assume all future legal and financial responsibility for
        the bridge, which may include an agreement to hold the State
        highway agency harmless in any liability action.

      Costs incurred by the State to preserve the historic bridge,
      including funds made available to the State, locality, or private
      entity to enable it to accept the bridge, shall be eligible as
      reimbursable project costs under this chapter up to an amount not
      to exceed the cost of demolition. Any bridge preserved pursuant
      to this paragraph shall thereafter not be eligible for any other
      funds authorized pursuant to this title.
        (5) Historic bridge defined. - As used in this subsection,
      "historic bridge" means any bridge that is listed on, or eligible
      for listing on, the National Register of Historic Places.

      (p) Applicability of State Standards for Projects. - A project
    not on a Federal-aid highway under this section shall be designed,
    constructed, operated, and maintained in accordance with State
    laws, regulations, directives, safety standards, design standards,
    and construction standards.
      (q) As used in this section the term "rehabilitate" in any of its
    forms means major work necessary to restore the structural
    integrity of a bridge as well as work necessary to correct a major
    safety defect.
      (r) Annual Materials Report on New Bridge Construction and Bridge
    Rehabilitation. - Not later than 1 year after the date of enactment
    of this subsection, and annually thereafter, the Secretary shall
    publish in the Federal Register a report describing construction
    materials used in new Federal-aid bridge construction and bridge
    rehabilitation projects.
      (s) Federal Share. - 
        (1) In general. - Except as provided under paragraph (2), the
      Federal share of the cost of a project payable from funds made
      available to carry out this section shall be determined under
      section 120(b).
        (2) Interstate system. - The Federal share of the cost of a
      project on the Interstate System payable from funds made
      available to carry out this section shall be determined under
      section 120(a).

-SOURCE-
    (Added Pub. L. 91-605, title II, Sec. 204(a), Dec. 31, 1970, 84
    Stat. 1741; amended Pub. L. 93-87, title II, Sec. 204, Aug. 13,
    1973, 87 Stat. 284; Pub. L. 93-643, Sec. 113, Jan. 4, 1975, 88
    Stat. 2286; Pub. L. 95-599, title I, Sec. 124(a), Nov. 6, 1978, 92
    Stat. 2702; Pub. L. 96-106, Secs. 7, 8(a), Nov. 9, 1979, 93 Stat.
    797; Pub. L. 97-327, Sec. 5(c), Oct. 15, 1982, 96 Stat. 1612; Pub.
    L. 97-424, title I, Secs. 121(a), 122(a), Jan. 6, 1983, 96 Stat.
    2111, 2112; Pub. L. 100-17, title I, Secs. 123(a)-(d)(1), (3), (e),
    (f)(2), 128, 133(b)(11), Apr. 2, 1987, 101 Stat. 161-163, 167, 172;
    Pub. L. 102-240, title I, Sec. 1028(a)-(f), Dec. 18, 1991, 105
    Stat. 1967, 1968; Pub. L. 103-220, Sec. 1, Mar. 17, 1994, 108 Stat.
    100; Pub. L. 104-59, title III, Secs. 318, 325(b), Nov. 28, 1995,
    109 Stat. 588, 592; Pub. L. 105-178, title I, Secs. 1109,
    1115(f)(3); June 9, 1998, 112 Stat. 141; Pub. L. 105-206, title IX,
    Sec. 9002(i), July 22, 1998, 112 Stat. 836; Pub. L. 108-88, Sec.
    2(b)(5), Sept. 30, 2003, 117 Stat. 1111; Pub. L. 108-202, Sec.
    2(b)(3), Feb. 29, 2004, 118 Stat. 478; Pub. L. 108-224, Sec.
    2(b)(2), Apr. 30, 2004, 118 Stat. 627; Pub. L. 108-263, Sec.
    2(b)(2), June 30, 2004, 118 Stat. 698; Pub. L. 108-280, Sec.
    2(b)(2), July 30, 2004, 118 Stat. 876; Pub. L. 108-310, Sec.
    2(b)(5), Sept. 30, 2004, 118 Stat. 1145; Pub. L. 109-14, Sec.
    2(b)(3), May 31, 2005, 119 Stat. 324; Pub. L. 109-20, Sec. 2(b)(2),
    July 1, 2005, 119 Stat. 346; Pub. L. 109-35, Sec. 2(b)(2), July 20,
    2005, 119 Stat. 379; Pub. L. 109-37, Sec. 2(b)(2), July 22, 2005,
    119 Stat. 394; Pub. L. 109-40, Sec. 2(b)(2), July 28, 2005, 119
    Stat. 410; Pub. L. 109-59, title I, Sec. 1114, Aug. 10, 2005, 119
    Stat. 1172.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Bridge Act of 1946, referred to in subsec. (h), is
    title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended,
    which is classified generally to subchapter III (Sec. 525 et seq.)
    of chapter 11 of Title 33, Navigation and Navigable Waters. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 525 of Title 33 and Tables.
      Section 502(b) of such Act of 1946, referred to in subsec. (h),
    in section 502(b) of act Aug. 2, 1946, which is classified to
    section 525(b) of Title 33.
      Section 9 of the Act of March 3, 1899, referred to in subsec.
    (h), is section 9 of act Mar. 3, 1899, ch. 425, 30 Stat. 1151,
    which is classified to section 401 of Title 33.
      The date of enactment of this subsection, referred to in subsec.
    (k), is the date of enactment of Pub. L. 95-599, which was approved
    Nov. 6, 1978.
      The date of the enactment of this subsection, referred to in
    subsec. (n), is the date of enactment of Pub. L. 100-17, which was
    approved Apr. 2, 1987.
      The date of enactment of this subsection, referred to in subsec.
    (r), is the date of enactment of Pub. L. 109-59, which was approved
    Aug. 10, 2005.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 1114(a), inserted
    heading and amended text of subsec. (a) generally. Prior to
    amendment, text read as follows: "Congress hereby finds and
    declares it to be in the vital interest of the Nation that a
    highway bridge replacement and rehabilitation program be
    established to enable the several States to replace or rehabilitate
    highway bridges over waterways, other topographical barriers, other
    highways, or railroads when the States and the Secretary finds that
    a bridge is significantly important and is unsafe because of
    structural deficiencies, physical deterioration, or functional
    obsolescence."
      Subsec. (d). Pub. L. 109-59, Sec. 1114(b), inserted heading and
    amended text of subsec. (d) generally. Prior to amendment, text
    related to approval of Federal participation in replacement or
    rehabilitation of bridges.
      Subsec. (e). Pub. L. 109-59, Sec. 1114(c), in third sentence,
    substituted "deck area" for "square footage", in fourth sentence,
    struck out "the total cost of deficient bridges in a State and in
    all States shall be reduced by the total cost of any highway
    bridges constructed under subsection (m) in such State, relating to
    replacement of destroyed bridges and ferryboat services, and,"
    after "For purposes of the preceding sentence,", and, in seventh
    sentence, substituted "for the period specified in section
    118(b)(2)" for "for the same period as funds apportioned for
    projects on the Federal-aid primary system under this title".
      Subsec. (g). Pub. L. 109-59, Sec. 1114(e)(2)(A), substituted
    "Bridge Set-asides" for "Set Asides" in heading.
      Subsec. (g)(1). Pub. L. 109-59, Sec. 1114(e)(2)(A), added par.
    (1) and struck out heading and text of former par. (1), which
    related to apportionments for the discretionary bridge program for
    fiscal years 1992 through 2005.
      Subsec. (g)(1)(C). Pub. L. 109-59, Sec. 1114(e)(1), substituted
    "2005" for "2003" in heading and text.
      Subsec. (g)(2). Pub. L. 109-59, Sec. 1114(e)(2)(C), redesignated
    par. (3) as (2).
      Pub. L. 109-59, Sec. 1114(e)(2)(A), (B), both amended subsec. (g)
    by striking out heading and text of par. (2). Text read as follows:
    "Subject to section 149(d) of the Federal-Aid Highway Act of 1987,
    amounts made available by paragraph (1) for obligation at the
    discretion of the Secretary may be obligated only - 
        "(A) for a project for a highway bridge the replacement or
      rehabilitation cost of which is more than $10,000,000, and
        "(B) for a project for a highway bridge the replacement or
      rehabilitation cost of which is less than $10,000,000 if such
      cost is at least twice the amount apportioned to the State in
      which such bridge is located under subsection (e) for the fiscal
      year in which application is made for a grant for such bridge."
      Subsec. (g)(3). Pub. L. 109-59, Sec. 1114(e)(2)(C), redesignated
    par. (3) as (2).
      Pub. L. 109-59, Sec. 1114(d), reenacted heading without change
    and amended text of par. (3) generally. Prior to amendment, text
    read as follows: "Not less than 15 percent nor more than 35 percent
    of the amount apportioned to each State in each of fiscal years
    1987 through 2004 and in the period of October 1, 2004, through
    July 30, 2005, shall be expended for projects to replace,
    rehabilitate, paint or seismic retrofit, or apply calcium magnesium
    acetate, sodium acetate/formate, or other environmentally
    acceptable, minimally corrosive anti-icing and de-icing
    compositions or install scour countermeasures to highway bridges
    located on public roads, other than those on a Federal-aid highway.
    The Secretary, after consultation with State and local officials,
    may, with respect to such State, reduce the requirement for
    expenditure for bridges not on a Federal-aid highway when the
    Secretary determines that such State has inadequate needs to
    justify such expenditure."
      Pub. L. 109-40 substituted "July 30" for "July 27".
      Pub. L. 109-37 substituted "July 27" for "July 21".
      Pub. L. 109-35 substituted "July 21" for "July 19".
      Pub. L. 109-20 substituted "July 19" for "June 30".
      Pub. L. 109-14 substituted "June 30" for "May 31".
      Subsec. (i). Pub. L. 109-59, Sec. 1114(g), struck out "at the
    same time as the report required by section 307(f) of this title is
    submitted to Congress" after "biennially" in concluding provisions.
      Subsecs. (r), (s). Pub. L. 109-59, Sec. 1114(f), added subsecs.
    (r) and (s).
      2004 - Subsec. (g)(3). Pub. L. 108-310 inserted "and in the
    period of October 1, 2004, through May 31, 2005," after "2004".
      Pub. L. 108-280 substituted "2004" for "2003 and in the period of
    October 1, 2003, through July 31, 2004,".
      Pub. L. 108-263 substituted "July 31" for "June 30".
      Pub. L. 108-224 substituted "June 30" for "April 30".
      Pub. L. 108-202 substituted "April 30" for "February 29".
      2003 - Subsec. (g)(3). Pub. L. 108-88 inserted "and in the period
    of October 1, 2003, through February 29, 2004," after "2003".
      1998 - Subsec. (d). Pub. L. 105-178, Sec. 1109(d)(1), (2),
    inserted ", sodium acetate/formate, or other environmentally
    acceptable, minimally corrosive anti-icing and de-icing
    compositions or installing scour countermeasures" after "magnesium
    acetate" and inserted "or sodium acetate/formate or such anti-icing
    or de-icing composition or installation of such countermeasures"
    after "such acetate" in two places.
      Subsec. (e). Pub. L. 105-178, Sec. 1109(a), inserted ", and, if a
    State transfers funds apportioned to the State under this section
    in a fiscal year beginning after September 30, 1997, to any other
    apportionment of funds to such State under this title, the total
    cost of deficient bridges in such State and in all States to be
    determined for the succeeding fiscal year shall be reduced by the
    amount of such transferred funds" after "destroyed bridges and
    ferryboat services".
      Subsec. (g)(1). Pub. L. 105-178, Sec. 1109(b), designated
    existing provisions as subpar. (A), inserted heading, realigned
    margins, and added subpars. (B) and (C).
      Subsec. (g)(3). Pub. L. 105-178, Sec. 1109(c), (d)(3),
    substituted "through 2003" for "1988, 1989, 1990, 1991, 1992, 1993,
    1994, 1995, 1996, and 1997,", substituted "Federal-aid highway" for
    "Federal-aid system" in two places, and inserted ", sodium
    acetate/formate, or other environmentally acceptable, minimally
    corrosive anti-icing and de-icing compositions or install scour
    countermeasures" after "magnesium acetate".
      Subsec. (g)(4). Pub. L. 105-178, Sec. 1115(f)(3), as added by
    Pub. L. 105-206, Sec. 9002(i), struck out heading and text of par.
    (4). Text read as follows: "Not less than 1 percent of the amount
    apportioned to each State which has an Indian reservation within
    its boundaries for each fiscal year shall be expended for projects
    to replace, rehabilitate, paint, or apply calcium magnesium acetate
    to highway bridges located on Indian reservation roads. Upon
    determining a State bridge apportionment and before transferring
    funds to the States, the Secretary shall transfer the Indian
    reservation bridge allocation under this paragraph to the Secretary
    of the Interior for expenditure pursuant to this paragraph. The
    Secretary, after consultation with State and Indian tribal
    government officials and with the concurrence of the Secretary of
    the Interior, may, with respect to such State, reduce the
    requirement for expenditure for bridges under this paragraph when
    the Secretary determines that there are inadequate needs to justify
    such expenditure. The non-Federal share payable on account of such
    a project may be provided from funds made available for Indian
    reservation roads under chapter 2 of this title."
      Subsec. (n). Pub. L. 105-178, Sec. 1109(e), substituted "Federal-
    aid highway" for "Federal-aid system".
      1995 - Subsec. (i)(1). Pub. L. 104-59, Sec. 325(b), substituted
    "Committee on Transportation and Infrastructure" for "Committee on
    Public Works and Transportation".
      Subsec. (l). Pub. L. 104-59, Sec. 318, inserted at end "Any non-
    Federal funds expended for the seismic retrofit of the bridge may
    be credited toward the non-Federal share required as a condition of
    receipt of any Federal funds for seismic retrofit of the bridge
    made available after the date of the expenditure."
      1994 - Subsec. (d). Pub. L. 103-220, Sec. 1(1), inserted before
    period at end of third sentence ", except that a State may carry
    out a project for seismic retrofit of a bridge under this section
    without regard to whether the bridge is eligible for replacement or
    rehabilitation under this section".
      Subsec. (e). Pub. L. 103-220, Sec. 1(2), inserted at end "The use
    of funds authorized under this section to carry out a project for
    the seismic retrofit of a bridge shall not affect the apportionment
    of funds under this section."
      1991 - Subsec. (c)(3). Pub. L. 102-240, Sec. 1028(a), added par.
    (3).
      Subsec. (d). Pub. L. 102-240, Sec. 1028(b), inserted "Whenever
    any State makes application to the Secretary for assistance in
    painting and seismic retrofit, or applying calcium magnesium
    acetate to, the structure of a highway bridge, the Secretary may
    approve Federal participation in the painting or seismic retrofit
    of, or application of such acetate to, such structure." after first
    sentence and "(other than projects for bridge structure painting or
    seismic retrofit or application of such acetate)" after "projects"
    in last sentence.
      Subsec. (f). Pub. L. 102-240, Sec. 1028(c), substituted "project"
    for "highway bridge replaced or rehabilitated".
      Subsec. (g)(1). Pub. L. 102-240, Sec. 1028(d), amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "Of the
    amount authorized per fiscal year for each of fiscal years 1987,
    1988, 1989, 1990, and 1991 by section 106(a)(5) of the Federal-Aid
    Highway Act of 1987, all but $225,000,000 per fiscal year shall be
    apportioned as provided in subsection (e) of this section.
    $225,000,000 per fiscal year of the amount authorized for each of
    such fiscal years shall be available for obligation on the date of
    each such apportionment in the same manner and to the same extent
    as the sums apportioned on such date, except that the obligation of
    such $225,000,000 shall, subject to section 149(d) of the Federal-
    Aid Highway Act of 1987, be at the discretion of the Secretary."
      Subsec. (g)(3). Pub. L. 102-240, Sec. 1028(e)(1), substituted
    "1991, 1992, 1993, 1994, 1995, 1996, and 1997" for "and 1991" and
    ", rehabilitate, paint or seismic retrofit, or apply calcium
    magnesium acetate to" for "or rehabilitate".
      Subsec. (g)(4). Pub. L. 102-240, Sec. 1028(f), added par. (4).
      Subsecs. (p), (q). Pub. L. 102-240, Sec. 1028(e)(2), added
    subsec. (p) and redesignated former subsec. (p) as (q).
      1987 - Subsec. (e). Pub. L. 100-17, Sec. 133(b)(11), inserted at
    end "Funds apportioned under this section shall be available for
    expenditure for the same period as funds apportioned for projects
    on the Federal-aid primary system under this title. Any funds not
    obligated at the expiration of such period shall be reapportioned
    by the Secretary to the other States in accordance with this
    subsection."
      Pub. L. 100-17, Sec. 123(d)(3), inserted after third sentence
    "For purposes of the preceding sentence, the total cost of
    deficient bridges in a State and in all States shall be reduced by
    the total cost of any highway bridges constructed under subsection
    (m) in such State, relating to replacement of destroyed bridges and
    ferryboat services."
      Subsec. (g). Pub. L. 100-17, Sec. 123(a), amended subsec. (g)
    generally, revising and restating as pars. (1) to (3) provisions
    formerly contained in pars. (1) and (2).
      Subsec. (h). Pub. L. 100-17, Sec. 123(b), substituted "(1)" for
    "which are not subject to the ebb and flow of the tide, and" and
    added cl. (2).
      Subsec. (i). Pub. L. 100-17, Sec. 128, substituted "307(f)" for
    "307(e)" in last sentence.
      Pub. L. 100-17, Sec. 123(c), amended subsec. (i) generally. Prior
    to amendment, subsec. (i) read as follows: "The Secretary shall
    report annually on projects approved under this section, shall
    annually revise and report the current inventories authorized by
    subsections (b) and (c) of this section, and shall report such
    recommendations as he may have for improvement of the program
    authorized by this section."
      Subsec. (m). Pub. L. 100-17, Sec. 123(d)(1), added subsec. (m).
    Former subsec. (m) redesignated (p).
      Subsec. (n). Pub. L. 100-17, Sec. 123(e), which directed that
    this section be amended by adding subsec. (n) after subsec. (l),
    was executed by adding subsec. (n) after subsec. (m), to reflect
    the probable intent of Congress.
      Subsec. (o). Pub. L. 100-17, Sec. 123(f)(2), which directed that
    this section be amended by adding subsec. (o) after subsec. (l),
    was executed by adding subsec. (o) after subsec. (n), to reflect
    the probable intent of Congress.
      Subsec. (p). Pub. L. 100-17, Sec. 123(d)(1), redesignated former
    subsec. (m) as (p).
      1983 - Subsec. (e). Pub. L. 97-424, Sec. 121(a), substituted
    provisions setting forth categorization, formula for apportionment
    factors, and limitations respecting deficient bridges for
    provisions relating to apportionment of funds for fiscal years
    ending Sept. 30, 1979, through Sept. 30, 1983, availability for
    expenditure of such funds, and reapportionment by the Secretary.
      Pub. L. 97-327, Sec. 5(c)(1), substituted "September 30, 1982,
    and September 30, 1983" for "and September 30, 1982".
      Subsec. (g). Pub. L. 97-424, Sec. 122(a), designated existing
    provisions as par. (1), struck out provisions added by section
    5(c)(2) of Pub. L. 97-327 relating to apportionment of amounts for
    fiscal year ending Sept. 30, 1983, and added par. (2).
      Pub. L. 97-327, Sec. 5(c)(2), inserted provision that, of the
    amount authorized for the fiscal year ending September 30, 1983, by
    paragraph (1) of section 5(a) of the Federal-Aid Highway Act of
    1982, all but $200,000,000 (multiplied by the factor determined
    under section 4(a) of such Act) be apportioned, and that
    $200,000,000 (multiplied by such factor) of the amount authorized
    for such fiscal year be available for obligation on the date of
    each such apportionment in the same manner and to the same extent
    as the sums apportioned on such date with specific limitations
    applicable to the obligation of such $200,000,000.
      1979 - Subsec. (d). Pub. L. 96-106, Sec. 7(a), substituted "such
    bridge with a comparable facility or in rehabilitating such bridge"
    for "or rehabilitating such bridge with a comparable facility".
      Subsec. (g). Pub. L. 96-106, Sec. 8(a), inserted ", and for any
    project for a highway bridge the replacement or rehabilitation
    costs of which is less than $10,000,000 if such costs is at least
    twice the amount apportioned to the State in which such bridge is
    located under subsection (e) of this section for the fiscal year in
    which application is made for a grant for such bridge".
      Subsec. (m). Pub. L. 96-106, Sec. 7(b), substituted "major work"
    for "major repairs".
      1978 - Subsec. (a). Pub. L. 95-599 substituted provisions
    relating to Congressional findings as to highway bridge replacement
    and rehabilitation for provisions relating to Congressional
    findings as to special bridge replacement.
      Subsec. (b). Pub. L. 95-599 added cl. (4).
      Subsec. (c). Pub. L. 95-599 added subsec. (c). Former subsec. (c)
    redesignated (d).
      Subsec. (d). Pub. L. 95-599 redesignated former subsec. (c) as
    (d) and among other amendments struck out provisions requiring
    Secretary to consider economy of area and approval of projects
    without regard to allocation formulas under this title.
      Subsec. (e). Pub. L. 95-599 added subsec. (e). Former subsec. (e)
    redesignated (g).
      Subsec. (f). Pub. L. 95-599 redesignated former subsec. (d) as
    (f), substituted "80" for "75", and inserted "highway" after
    "account of any". Former subsec. (f) was struck out.
      Subsec. (g). Pub. L. 95-599 redesignated former subsec. (e) as
    (g) and inserted provisions authorizing appropriations for fiscal
    years ending Sept. 30, 1979 through Sept. 30, 1982. Former subsec.
    (g) redesignated (h).
      Subsec. (h). Pub. L. 95-599 redesignated former subsec. (g) as
    (h) and inserted provisions relating to exceptions to applications
    of the General Bridge Act of 1946. Former subsec. (h) redesignated
    (i).
      Subsec. (i). Pub. L. 95-599 redesignated former subsec. (h) as
    (i) and inserted provisions relating to revision and report of
    current inventories.
      Subsecs. (j) to (m). Pub. L. 95-599 added subsecs. (j) to (m).
      1975 - Subsec. (e). Pub. L. 93-643 increased appropriations
    authorization to $125,000,000 from $75,000,000 for fiscal year
    ending June 30, 1976.
      1973 - Subsec. (e). Pub. L. 93-87, Sec. 204(a), provided for
    appropriations authorization of $25,000,000, $75,000,000, and
    $75,000,000 for fiscal years ending June 30, 1974, 1975, and 1976.
      Subsecs. (f) to (h). Pub. L. 93-87, Sec. 204(b), (c), added
    subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and
    (h), respectively.

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-59, title I, Sec. 1114(e)(2), Aug. 10, 2005, 119
    Stat. 1174, provided that the amendment made by section 1114(e)(2)
    is effective Oct. 1, 2005.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 123(d)(2) of Pub. L. 100-17 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to funds
    apportioned to the States under section 144 of title 23, United
    States Code, after September 30, 1986."

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 121(b) of Pub. L. 97-424 provided that: "The amendment
    made by subsection (a) of this section [amending this section]
    shall take effect October 1, 1982, and shall apply with respect to
    each fiscal year beginning on or after such date. Notwithstanding
    subsection (e) of section 144 of title 23, United States Code, as
    soon as practical after the date of enactment of this Act [Jan. 6,
    1983], the Secretary of Transportation shall apportion under such
    subsection (e), as amended by subsection (a) of this section, sums
    authorized to be appropriated to carry out such section 144 for the
    fiscal year ending September 30, 1983."

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of reporting provisions
    in subsec. (i)(1), (3), and (4) of this section, see section 3003
    of Pub. L. 104-66, as amended, set out as a note under section 1113
    of Title 31, Money and Finance, and page 135 of House Document No.
    103-7.

           USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES       
      Pub. L. 109-59, title I, Sec. 1805, Aug. 10, 2005, 119 Stat.
    1459, provided that:
      "(a) In General. - Any State that demolishes a bridge or an
    overpass that is eligible for Federal assistance under the highway
    bridge replacement and rehabilitation program under section 144 of
    title 23, United States Code, is directed to first make the debris
    from the demolition of such bridge or overpass available for
    beneficial use by a Federal, State, or local government, unless
    such use obstructs navigation.
      "(b) Recipient Responsibilities. - A recipient of the debris
    described in subsection (a) shall - 
        "(1) bear the additional cost associated with having the debris
      made available;
        "(2) ensure that placement of the debris complies with
      applicable law; and
        "(3) assume all future legal responsibility arising from the
      placement of the debris, which may include entering into an
      agreement to hold the owner of the demolished bridge or overpass
      harmless in any liability action.
      "(c) Definition. - In this section, the term 'beneficial use'
    means the application of the debris for purposes of shore erosion
    control or stabilization, ecosystem restoration, and marine habitat
    creation."

               NATIONAL HISTORIC COVERED BRIDGE PRESERVATION           
      Pub. L. 109-59, title I, Sec. 1804, Aug. 10, 2005, 119 Stat.
    1458, provided that:
      "(a) Definitions. - In this section, the following definitions
    apply:
        "(1) Historic covered bridge. - The term 'historic covered
      bridge' means a covered bridge that is listed or eligible for
      listing on the National Register of Historic Places.
        "(2) State. - The term 'State' has the meaning such term has in
      section 101(a) of title 23, United States Code.
      "(b) Historic Covered Bridge Preservation. - The Secretary [of
    Transportation] shall - 
        "(1) collect and disseminate information on historic covered
      bridges;
        "(2) conduct educational programs relating to the history and
      construction techniques of historic covered bridges;
        "(3) conduct research on the history of historic covered
      bridges; and
        "(4) conduct research on, and study techniques for, protecting
      historic covered bridges from rot, fire, natural disasters, or
      weight-related damage.
      "(c) Grants. - 
        "(1) In general. - The Secretary [of Transportation] shall make
      a grant to a State that submits an application to the Secretary
      that demonstrates a need for assistance in carrying out one or
      more historic covered bridge projects described in paragraph (2).
        "(2) Eligible projects. - A grant under paragraph (1) may be
      made for a project - 
          "(A) to rehabilitate or repair a historic covered bridge; or
          "(B) to preserve a historic covered bridge, including through
        - 
            "(i) installation of a fire protection system, including a
          fireproofing or fire detection system and sprinklers;
            "(ii) installation of a system to prevent vandalism and
          arson; or
            "(iii) relocation of a bridge to a preservation site.
        "(3) Authenticity requirements. - A grant under paragraph (1)
      may be made for a project only if - 
          "(A) to the maximum extent practicable, the project - 
            "(i) is carried out in the most historically appropriate
          manner; and
            "(ii) preserves the existing structure of the historic
          covered bridge; and
          "(B) the project provides for the replacement of wooden
        components with wooden components, unless the use of wood is
        impracticable for safety reasons.
      "(d) 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), $10,000,000 for each of
    fiscal years 2006 through 2009.
      "(e) Applicability of Title 23. - Funds made available to carry
    out this section shall be available for obligation in the same
    manner as if the funds were apportioned under chapter 1 of title
    23, United States Code; except that the Federal share of the cost
    of any project or activity carried out under this section shall be
    determined in accordance with section 120 of such title, and such
    funds shall remain available until expended and shall not be
    transferable."
      Pub. L. 105-178, title I, Sec. 1224, as added by Pub. L. 105-206,
    title IX, Sec. 9003(a), July 22, 1998, 112 Stat. 837, provided
    that:
      "(a) Historic Covered Bridge Defined. - In this section, the term
    'historic covered bridge' means a covered bridge that is listed or
    eligible for listing on the National Register of Historic Places.
      "(b) Historic Covered Bridge Preservation. - Subject to the
    availability of appropriations under subsection (d), the Secretary
    shall - 
        "(1) collect and disseminate information concerning historic
      covered bridges;
        "(2) foster educational programs relating to the history and
      construction techniques of historic covered bridges;
        "(3) conduct research on the history of historic covered
      bridges; and
        "(4) conduct research, and study techniques, on protecting
      historic covered bridges from rot, fire, natural disasters, or
      weight-related damage.
      "(c) Direct Federal Assistance. - 
        "(1) In general. - Subject to the availability of
      appropriations, the Secretary shall make a grant to a State that
      submits an application to the Secretary that demonstrates a need
      for assistance in carrying out 1 or more historic covered bridge
      projects described in paragraph (2).
        "(2) Types of project. - A grant under paragraph (1) may be
      made for a project - 
          "(A) to rehabilitate or repair a historic covered bridge; and
          "(B) to preserve a historic covered bridge, including through
        - 
            "(i) installation of a fire protection system, including a
          fireproofing or fire detection system and sprinklers;
            "(ii) installation of a system to prevent vandalism and
          arson; or
            "(iii) relocation of a bridge to a preservation site.
        "(3) Authenticity. - A grant under paragraph (1) may be made
      for a project only if - 
          "(A) to the maximum extent practicable, the project - 
            "(i) is carried out in the most historically appropriate
          manner; and
            "(ii) preserves the existing structure of the historic
          covered bridge; and
          "(B) the project provides for the replacement of wooden
        components with wooden components, unless the use of wood is
        impracticable for safety reasons.
        "(4) Federal share. - The Federal share of the cost of a
      project carried out with a grant under this subsection shall be
      80 percent.
      "(d) Funding. - There is authorized to be appropriated to carry
    out this section $10,000,000 for each of fiscal years 1999 through
    2003. Such funds shall remain available until expended."

         HIGHWAY TIMBER BRIDGE RESEARCH AND DEMONSTRATION PROGRAM     
      Section 1039 of Pub. L. 102-240, as amended by Pub. L. 102-388,
    title IV, Sec. 408, Oct. 6, 1992, 106 Stat. 1564, provided that:
      "(a) Research Grants. - The Secretary may make grants to other
    Federal agencies, universities, private businesses, nonprofit
    organizations, and any research or engineering entity to carry out
    research on 1 or more of the following:
        "(1) Development of new, economical highway timber bridge
      systems.
        "(2) Development of engineering design criteria for structural
      wood products for use in highway bridges in order to improve
      methods for characterizing lumber design properties.
        "(3) Preservative systems for use in highway timber bridges
      which demonstrate new alternatives and current treatment
      processes and procedures and which are environmentally sound with
      respect to application, use, and disposal of treated wood.
        "(4) Alternative transportation system timber structures which
      demonstrate the development of applications for railing, sign,
      and lighting supports, sound barriers, culverts, and retaining
      walls in highway applications.
        "(5) Rehabilitation measures which demonstrate effective, safe,
      and reliable methods for rehabilitating existing highway timber
      structures.
      "(b) Technology and Information Transfer. - The Secretary shall
    take such action as may be necessary to ensure that the information
    and technology resulting from research conducted under subsection
    (a) is made available to State and local transportation departments
    and other interested persons.
      "(c) Construction Grants. - 
        "(1) Authority. - The Secretary shall make grants to States for
      construction of highway timber bridges on public roads.
        "(2) Applications. - A State interested in receiving a grant
      under this subsection must submit an application therefor to the
      Secretary. Such application shall be in such form and contain
      such information as the Secretary may require by regulation.
        "(3) Approval criteria. - The Secretary shall select and
      approve applications for grants under this subsection based on
      the following criteria:
          "(A) Bridge designs which have both initial and long-term
        structural and environmental integrity.
          "(B) Bridge designs which utilize timber species native to
        the State or region.
          "(C) Innovative bridge designs which have the possibility of
        increasing knowledge, cost effectiveness, and future use of
        such designs.
          "(D) Environmental practices for preservative treated timber,
        and construction techniques which comply with all environmental
        regulations, will be utilized.
      "(d) Federal Share. - The Federal share of the costs of research
    and construction projects carried out under this section shall be
    80 percent.
      "(e) Funding. - From the funds reserved from apportionment under
    section 144(g)(1) of title 23, United States Code, for each of
    fiscal years 1992, 1993, 1994, 1995, 1996, and 1997 - 
        "(1) $1,000,000 shall be available to the Secretary for
      carrying out subsections (a) and (b); and
        "(2) $7,500,000 ($7,000,000 in the case of fiscal year 1992)
      shall be available to the Secretary for carrying out subsection
      (c).
    Such sums shall remain available until expended.
      "(f) State Defined. - For purposes of this section, the term
    'State' has the meaning such term has under section 101 of title
    23, United States Code."

        FEASIBILITY OF INTERNATIONAL BORDER HIGHWAY INFRASTRUCTURE
                           DISCRETIONARY PROGRAM
      Section 1089 of Pub. L. 102-240 directed Secretary of
    Transportation to conduct a study of advisability and feasibility
    of establishing an international border highway infrastructure
    discretionary program and, not later than Sept. 30, 1993, transmit
    to Congress a report on results of the study, together with any
    recommendations.

         HISTORIC BRIDGES; CONGRESSIONAL FINDINGS AND DECLARATIONS     
      Section 123(f)(1) of Pub. L. 100-17 provided that: "Congress
    hereby finds and declares it to be in the national interest to
    encourage the rehabilitation, reuse and preservation of bridges
    significant in American history, architecture, engineering and
    culture. Historic bridges are important links to our past, serve as
    safe and vital transportation routes in the present, and can
    represent significant resources for the future."

    STUDY BY TRANSPORTATION RESEARCH BOARD ON EFFECTS OF BRIDGE PROGRAM
          ON PRESERVATION AND REHABILITATION OF HISTORIC BRIDGES;
    RECOMMENDATION OF STANDARDS FOR REHABILITATION OF HISTORIC BRIDGES;
                                  REPORT
      Section 123(f)(3) of Pub. L. 100-17 provided that:
      "(A) Transportation research board. - The Secretary shall make
    appropriate arrangements with the Transportation Research Board of
    the National Academy of Sciences to carry out a study on the
    effects of the bridge program conducted under section 144 of title
    23, United States Code, on the preservation and rehabilitation of
    historic bridges. The Transportation Research Board shall also
    develop recommendations of specific standards which shall apply
    only to the rehabilitation of historic bridges, and shall provide
    an analysis of any other factors which would serve to enhance the
    rehabilitation of historic bridges.
      "(B) Report. - Not later than 1 year after entering into
    appropriate arrangements under subparagraph (A), the Transportation
    Research Board shall submit to the Secretary and the Committee on
    Environment and Public Works of the Senate and the Committee on
    Public Works and Transportation of the House of Representatives a
    report on the results of the study conducted under subparagraph (A)
    and on the recommendations developed pursuant to subparagraph (A)."

          STUDY OF HIGHWAY BRIDGES WHICH CROSS RAIL LINES; REPORT      
      Section 160 of Pub. L. 100-17 directed Secretary to conduct a
    comprehensive study and investigation of improvement and
    maintenance needs for highway bridges which cross rail lines and
    whose ownership has been disputed and, not later than 30 months
    after Apr. 2, 1987, submit to Congress a report on the study and
    investigation along with recommendations on how the bridge needs
    could best be addressed on a long term basis in a cost-effective
    manner.

                             FOUR-LANE BRIDGES                         
      Section 130 of Pub. L. 97-424 provided that: "Whenever any law of
    the United States, enacted after January 1, 1970, and before the
    date of enactment of this Act [Jan. 6, 1983], authorizes payment,
    in financing the relocation of an existing road, for the cost of
    construction of a two-lane bridge with a substructure and deck
    truss capable of supporting a four-lane bridge, payment for the
    cost of completing the construction of such bridge as a four-lane
    bridge is authorized upon the completion of such substructure and
    deck truss."

                       DISCRETIONARY BRIDGE CRITERIA                   
      Section 161 of Pub. L. 97-424, as amended by Pub. L. 100-17,
    title I, Sec. 123(h), Apr. 2, 1987, 101 Stat. 164, provided that:
    "The Secretary of Transportation shall develop a selection process
    for discretionary bridges authorized to be funded under section
    144(g) of title 23, United States Code, and shall propose and issue
    a final regulation no later than six months after the date of
    enactment of this Act [Jan. 6, 1983], including a formula resulting
    in a rating factor based on the following criteria for such
    process. Such criteria shall give funding priority to those
    discretionary bridges already eligible under section 144(g) of
    title 23, United States Code, including a bridge replacement of
    which was partially funded under the Supplemental Appropriations
    Act, 1983 [Pub. L. 98-63] (97 Stat. 341). Eligible bridges after
    the issuance of a final regulation shall only include those with a
    rating factor of one hundred or less, based on a scale of zero to
    infinity. The criteria for such additional bridges which the
    Secretary shall consider are:
        "(1) sufficiency rating computed as illustrated in appendix A
      of the Recording and Coding Guide for the Structure Inventory and
      Appraisal of the Nation's Bridges, USDOT/FHWA (latest edition);
        "(2) average daily traffic using the most current value from
      the national bridge inventory data;
        "(3) average daily truck traffic;
        "(4) defense highway system status;
        "(5) the State's unobligated balance of funds received under
      section 144 of title 23, United States Code, and the total funds
      received under section 144 of title 23, United States Code;
        "(6) total project cost; and
        "(7) special consideration should be given to bridges closed to
      all traffic or restricted to loads less than ten tons. Other
      unique considerations and the need to administer the program from
      a balanced national perspective should also be considered."

                  TRANSFER OF DISCRETIONARY BRIDGE FUNDS              
      Section 8(b) of Pub. L. 96-106 provided for the transfer of
    discretionary bridge funds authorized under subsec. (g) of this
    section for fiscal year 1980 to a State's apportionment under
    section 104(b)(6) of this title to repay funds obligated under
    section 104(b)(6) between June 1 and July 31, 1979, for bridge
    projects which are eligible for funding by virtue of the amendment
    of subsec. (g) of this section by section 8(a) of Pub. L. 96-106.

      TIME FOR COMPLETION OF INVENTORY AND CLASSIFICATION OF HIGHWAY
                                  BRIDGES
      Section 124(c) of Pub. L. 95-599 directed Secretary of
    Transportation to complete the requirements of subsec. (c) of this
    section, as amended by subsec. (a) of section 124 of Pub. L. 95-
    599, not later than the last day of the second full calendar year
    which begins after Nov. 6, 1978.

          ACCELERATION OF BRIDGE PROJECTS; OHIO RIVER BRIDGE FUND
                    REPROGRAMMING; REPORTS TO CONGRESS
      Section 147 of Pub. L. 95-599, as amended by Pub. L. 96-106, Sec.
    15, Nov. 19, 1979, 93 Stat. 798; Pub. L. 99-272, title IV, Sec.
    4105, Apr. 7, 1986, 100 Stat. 116, directed Secretary of
    Transportation to conduct two projects to construct or replace high-
    traffic-volume bridges on the Federal-aid highway system which
    span major bodies of water in order to demonstrate the feasibility
    of reducing the time required to replace unsafe bridges; authorized
    funds for the projects; directed Secretary to report to Congress
    within six months after the completion of each project; redirected
    certain funds in excess of amounts needed to complete the projects
    for use in further projects for construction of three state-of-the-
    art Ohio River bridges linking designated cities in Kentucky and
    Ohio; and directed Secretary to report to Congress within a year
    after the completion of these bridges.

-End-



-CITE-
    23 USC Sec. 145                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 145. Federal-State relationship

-STATUTE-
      (a) Protection of State Sovereignty. - The authorization of the
    appropriation of Federal funds or their availability for
    expenditure under this chapter shall in no way infringe on the
    sovereign rights of the States to determine which projects shall be
    federally financed. The provisions of this chapter provide for a
    federally assisted State program.
      (b) Purpose of Projects. - The projects described in section 1702
    of the SAFETEA-LU, section 1602 of the Transportation Equity Act
    for the 21st Century, sections 1103 through 1108 of the Intermodal
    Surface Transportation Efficiency Act of 1991 (105 Stat. 2027 et
    seq.), and section 149(a) of the Surface Transportation and Uniform
    Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are
    intended to establish eligibility for Federal-aid highway funds
    made available for such projects by section 1101(a)(16) of the
    SAFETEA-LU, section 1101(a)(13) of the Transportation Equity Act
    for the 21st Century, section 117 of this title, sections 1103
    through 1108 of the Intermodal Surface Transportation Efficiency
    Act of 1991, and subsections (b), (c), and (d) of section 149 of
    the Surface Transportation and Uniform Relocation Assistance Act of
    1987, respectively, and are not intended to define the scope or
    limits of Federal action in a manner inconsistent with subsection
    (a).

-SOURCE-
    (Added Pub. L. 93-87, title I, Sec. 123(a), Aug. 13, 1973, 87 Stat.
    261; amended Pub. L. 105-178, title I, Sec. 1601(b), June 9, 1998,
    112 Stat. 256; Pub. L. 109-59, title I, Sec. 1701(e), Aug. 10,
    2005, 119 Stat. 1256.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1702 of the SAFETEA-LU, referred to in subsec. (b), is
    section 1702 of Pub. L. 109-59, title I, Aug. 10, 2005, 119 Stat.
    1256, which is not classified to the Code.
      Section 1602 of the Transportation Equity Act for the 21st
    Century, referred to in subsec. (b), is section 1602 of Pub. L. 105-
    178, title I, June 9, 1998, 112 Stat. 256, which is not classified
    to the Code.
      Sections 1103 through 1108 of the Intermodal Surface
    Transportation Efficiency Act of 1991, referred to in subsec. (b),
    are sections 1103 to 1108 of Pub. L. 102-240, title I, Dec. 18,
    1991, 105 Stat. 2027-2063. See Tables for classification.
      Section 149(a) of the Surface Transportation and Uniform
    Relocation Assistance Act of 1987, referred to in subsec. (b), is
    section 149(a) of Pub. L. 100-17, title I, Apr. 2, 1987, 101 Stat.
    181, which is not classified to the Code.
      Section 1101(a)(16) of the SAFETEA-LU, referred to in subsec.
    (b), is section 1101(a)(16) of Pub. L. 109-59, title I, Aug. 10,
    2005, 119 Stat. 1155, which is not classified to the Code.
      Section 1101(a)(13) of the Transportation Equity Act for the 21st
    Century, referred to in subsec. (b), is section 1101(a)(13) of Pub.
    L. 105-178, title I, June 9, 1998, 112 Stat. 113, which is not
    classified to the Code.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b). Pub. L. 109-59 inserted "section 1702 of the
    SAFETEA-LU," after "described in" and "section 1101(a)(16) of the
    SAFETEA-LU," after "for such projects by" and substituted "section
    117 of this title," for "117 of title 23, United States Code,".
      1998 - Pub. L. 105-178 designated existing provisions as subsec.
    (a), inserted heading, and added subsec. (b).

-End-



-CITE-
    23 USC Sec. 146                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 146. Carpool and vanpool projects

-STATUTE-
      (a) In order to conserve fuel, decrease traffic congestion during
    rush hours, improve air quality, and enhance the use of existing
    highways and parking facilities, the Secretary may approve for
    Federal financial assistance from funds apportioned under sections
    104(b)(1) and 104(b)(3) of this title, projects designed to
    encourage the use of carpools and vanpools. (As used hereafter in
    this section, the term "carpool" includes a vanpool.) Such a
    project may include, but is not limited to, such measures as
    providing carpooling opportunities to the elderly and handicapped,
    systems for locating potential riders and informing them of
    convenient carpool opportunities, acquiring vehicles appropriate
    for carpool use, designating existing highway lanes as preferential
    carpool highway lanes, providing related traffic control devices,
    and designating existing facilities for use as preferential parking
    for carpools.
      (b) A project authorized by this section shall be subject to and
    carried out in accordance with all provisions of this title, except
    those provisions which the Secretary determines are inconsistent
    with this section.

-SOURCE-
    (Added Pub. L. 95-599, title I, Sec. 126(a), Nov. 6, 1978, 92 Stat.
    2705; amended Pub. L. 105-178, title I, Sec. 1103(l)(1), June 9,
    1998, 112 Stat. 125.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 146, Pub. L. 93-87, title I, Sec. 125(a), Aug.
    13, 1973, 87 Stat. 262, related to a special urban high density
    traffic program, prior to repeal by Pub. L. 94-280, title I, Sec.
    128(a), May 5, 1976, 90 Stat. 440.

                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-178 substituted "sections
    104(b)(1) and 104(b)(3)" for "sections 104(b)(1), 104(b)(2), and
    104(b)(6)".

                        USE OF HIGH OCCUPANCY LANES                    
      Pub. L. 97-424, title I, Sec. 163, Jan. 6, 1983, 96 Stat. 2136,
    as amended by Pub. L. 100-17, title I, Sec. 133(a)(4), (5), Apr. 2,
    1987, 101 Stat. 170, 171; Pub. L. 102-240, title I, Sec. 1056, Dec.
    18, 1991, 105 Stat. 2002, provided that: "Notwithstanding any other
    provision of this Act or any other law, no funds apportioned or
    allocated to a State for Federal-aid highways shall be obligated
    for a project for constructing, resurfacing, restoring,
    rehabilitating, or reconstructing a Federal-aid highway which has a
    lane designated as a carpool lane unless the use of such lane
    includes use by motorcycles. Upon certification by the State to the
    Secretary of Transportation, after notice in the Federal Register
    and an opportunity for public comment, and acceptance of such
    certification by the Secretary, the State may restrict such use by
    motorcycles if such use would create a safety hazard. Any
    certification made before the date of the enactment of the
    Intermodal Surface Transportation Efficiency Act of 1991 [Dec. 18,
    1991] shall not be recognized by the Secretary until the Secretary
    publishes notice of such certification in the Federal Register and
    provides an opportunity for public comment on such certification."

     EXPENDITURE OF ADMINISTRATIVE FUNDS FOR CARPOOLING AND VANPOOLING
                                 PROGRAMS
      Pub. L. 97-424, title I, Sec. 123(b), Jan. 6, 1983, 96 Stat.
    2113, provided that: "The Secretary of Transportation is authorized
    and directed to expend such sums as are necessary out of the
    administrative funds authorized by subsection (a) of section 104,
    title 23, United States Code, to carry out the provisions of
    subsection (d) of section 126 of the Federal-Aid Highway Act of
    1978 [section 126(d) of Pub. L. 95-599, set out below]."

        GRANTS TO STATES, COUNTIES, ETC., TO PROMOTE CARPOOLING AND
                            VANPOOLING PROGRAMS
      Section 126(d)-(h) of Pub. L. 95-599, as amended by Pub. L. 102-
    240, title III, Sec. 3004(b), Dec. 18, 1991, 105 Stat. 2088,
    provided that:
      "(d) It is hereby declared to be national policy that special
    effort should be made to promote commuter modes of transportation
    which conserve energy, reduce pollution, and reduce traffic
    congestion. The Secretary is directed to assist both public and
    private employers and employees who wish to establish carpooling
    and vanpooling programs where they are needed and desired, and to
    assist local and State governments, and their instrumentalities, in
    encouraging such modes by removing legal and regulatory barriers to
    such programs, supporting existing carpooling and vanpooling
    programs, and providing technical assistance, for the purpose of
    increasing participation in such modes.
      "(e) The Secretary of Transportation is authorized to make grants
    and loans to States, counties, municipalities, metropolitan
    planning organizations, and other units of local and regional
    government consistent with the policy of subsection (d) of this
    section. Such grants and loans shall be awarded in a manner which
    emphasizes energy conservation, although the Secretary may use
    other factors as he deems appropriate. The Federal share of the
    costs of any project approved under this subsection shall not
    exceed 75 per centum. No grant awarded under this subsection may be
    used for the purchase or lease of vehicles.
      "(f) There is hereby authorized to be appropriated, out of the
    Highway Trust Fund, not to exceed $1,000,000 for the fiscal year
    ending September 30, 1979, $1,000,000 for the fiscal year ending
    September 30, 1980, and $1,000,000 for the fiscal year ending
    September 30, 1981, for expenditures incurred by the Secretary of
    Transportation in carrying out the provisions of subsection (d) of
    this section, and $3,000,000 for the fiscal year ending September
    30, 1979, and $9,000,000 for the fiscal year ending September 30,
    1980, for the purpose of carrying out the program described in
    subsection (e) of this section.
      "(g) The Secretary of Transportation shall not approve any
    project under subsection (d) or (e) of this section or under
    section 146 of title 23, United States Code; which will have an
    adverse effect on any mass transportation system.
      "(h) The Secretary of Transportation is directed to study the
    administrative effectiveness of carpooling and vanpooling programs
    within the Department of Transportation, including programs of the
    Federal Highway Administration, the Federal Transit Administration,
    and the Office of the Secretary. Such study shall be completed no
    later than September 30, 1979. Upon completion of such study, the
    Secretary shall propose a plan to centralize or modify such
    programs to make delivery of services and grants more efficient,
    more cost-effective, and to avoid duplication of effort. Such plan
    shall list statutory changes needed to implement such a plan, which
    shall be sent to Congress no later than March 30, 1980."
      ["Federal Transit Administration" substituted for "Urban Mass
    Transit Administration" in section 126(h) of Pub. L. 95-599, set
    out above, pursuant to section 3004(a) of Pub. L. 102-240, set out
    as a note under section 107 of Title 49, Transportation.]

                   FEDERAL FACILITY RIDESHARING PROGRAM               
      For provisions relating to the Federal Facilities Ridesharing
    Program, see Ex. Ord. No. 12191, Feb. 1, 1980, 45 F.R. 7997, set
    out as a note under section 6361 of Title 42, The Public Health and
    Welfare.

-End-



-CITE-
    23 USC Sec. 147                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 147. Construction of ferry boats and ferry terminal facilities

-STATUTE-
      (a) In General. - The Secretary shall carry out a program for
    construction of ferry boats and ferry terminal facilities in
    accordance with section 129(c).
      (b) Federal Share. - The Federal share of the cost of
    construction of ferry boats, ferry terminals, and ferry maintenance
    facilities under this section shall be 80 percent.
      (c) Allocation of Funds. - The Secretary shall give priority in
    the allocation of funds under this section to those ferry systems,
    and public entities responsible for developing ferries, that - 
        (1) provide critical access to areas that are not well-served
      by other modes of surface transportation;
        (2) carry the greatest number of passengers and vehicles; or
        (3) carry the greatest number of passengers in passenger-only
      service.

      (d) Set-Aside for Projects on NHS. - 
        (1) In general. - $20,000,000 of the amount made available to
      carry out this section for each of fiscal years 2005 through 2009
      shall be obligated for the construction or refurbishment of ferry
      boats and ferry terminal facilities and approaches to such
      facilities within marine highway systems that are part of the
      National Highway System.
        (2) Alaska. - $10,000,000 of the $20,000,000 for a fiscal year
      made available under paragraph (1) shall be made available to the
      State of Alaska.
        (3) New jersey. - $5,000,000 of the $20,000,000 for a fiscal
      year made available under paragraph (1) shall be made available
      to the State of New Jersey.
        (4) Washington. - $5,000,000 of the $20,000,000 for a fiscal
      year made available under paragraph (1) shall be made available
      to the State of Washington.

      (e) Period of Availability. - Notwithstanding section 118(b),
    funds made available to carry out this section shall remain
    available until expended.
      (f) Applicability. - All provisions of this chapter that are
    applicable to the National Highway System, other than provisions
    relating to apportionment formula and Federal share, shall apply to
    funds made available to carry out this section, except as
    determined by the Secretary to be inconsistent with this section.

-SOURCE-
    (Added Pub. L. 93-87, title I, Sec. 126(a), Aug. 13, 1973, 87 Stat.
    263; amended Pub. L. 94-280, title I, Sec. 130, May 5, 1976, 90
    Stat. 440; Pub. L. 105-178, title I, Sec. 1212(a)(2)(A)(i), June 9,
    1998, 112 Stat. 193; Pub. L. 109-59, title I, Sec. 1801(a), Aug.
    10, 2005, 119 Stat. 1455.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-59 amended section catchline and text
    generally, substituting provisions relating to program for
    construction of ferry boats and ferry terminal facilities for
    provisions relating to selection of high traffic sections of
    highways as priority primary routes for priority of improvement to
    supplement the service provided by the Interstate System by
    furnishing needed adequate traffic collector and distributor
    facilities.
      1998 - Subsec. (a). Pub. L. 105-178 substituted "State
    transportation department" for "State highway department".
      1976 - Subsec. (b). Pub. L. 94-280 amended subsec. (b) generally,
    striking out apportionment provisions.

                      AUTHORIZATION OF APPROPRIATIONS                  
      Pub. L. 109-59, title I, Sec. 1801(d), Aug. 10, 2005, 119 Stat.
    1456, provided that: "In addition to amounts made available to
    carry out section 147 of title 23, United States Code, by section
    1101 of this Act [119 Stat. 1153], there are authorized to be
    appropriated such sums as may be necessary to carry out such
    section 147 for fiscal year 2006 and each fiscal year thereafter.
    Such funds shall remain available until expended."

-End-



-CITE-
    23 USC Sec. 148                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 148. Highway safety improvement program

-STATUTE-
      (a) Definitions. - In this section, the following definitions
    apply:
        (1) High risk rural road. - The term "high risk rural road"
      means any roadway functionally classified as a rural major or
      minor collector or a rural local road - 
          (A) on which the accident rate for fatalities and
        incapacitating injuries exceeds the statewide average for those
        functional classes of roadway; or
          (B) that will likely have increases in traffic volume that
        are likely to create an accident rate for fatalities and
        incapacitating injuries that exceeds the statewide average for
        those functional classes of roadway.

        (2) Highway safety improvement program. - The term "highway
      safety improvement program" means the program carried out under
      this section.
        (3) Highway safety improvement project. - 
          (A) In general. - The term "highway safety improvement
        project" means a project described in the State strategic
        highway safety plan that - 
            (i) corrects or improves a hazardous road location or
          feature; or
            (ii) addresses a highway safety problem.

          (B) Inclusions. - The term "highway safety improvement
        project" includes a project for one or more of the following:
            (i) An intersection safety improvement.
            (ii) Pavement and shoulder widening (including addition of
          a passing lane to remedy an unsafe condition).
            (iii) Installation of rumble strips or another warning
          device, if the rumble strips or other warning devices do not
          adversely affect the safety or mobility of bicyclists,
          pedestrians, and the disabled.
            (iv) Installation of a skid-resistant surface at an
          intersection or other location with a high frequency of
          accidents.
            (v) An improvement for pedestrian or bicyclist safety or
          safety of the disabled.
            (vi) Construction of any project for the elimination of
          hazards at a railway-highway crossing that is eligible for
          funding under section 130, including the separation or
          protection of grades at railway-highway crossings.
            (vii) Construction of a railway-highway crossing safety
          feature, including installation of protective devices.
            (viii) The conduct of a model traffic enforcement activity
          at a railway-highway crossing.
            (ix) Construction of a traffic calming feature.
            (x) Elimination of a roadside obstacle.
            (xi) Improvement of highway signage and pavement markings.
            (xii) Installation of a priority control system for
          emergency vehicles at signalized intersections.
            (xiii) Installation of a traffic control or other warning
          device at a location with high accident potential.
            (xiv) Safety-conscious planning.
            (xv) Improvement in the collection and analysis of crash
          data.
            (xvi) Planning integrated interoperable emergency
          communications equipment, operational activities, or traffic
          enforcement activities (including police assistance) relating
          to workzone safety.
            (xvii) Installation of guardrails, barriers (including
          barriers between construction work zones and traffic lanes
          for the safety of motorists and workers), and crash
          attenuators.
            (xviii) The addition or retrofitting of structures or other
          measures to eliminate or reduce accidents involving vehicles
          and wildlife.
            (xix) Installation and maintenance of signs (including
          fluorescent, yellow-green signs) at pedestrian-bicycle
          crossings and in school zones.
            (xx) Construction and yellow-green signs at pedestrian-
          bicycle crossings and in school zones.
            (xxi) Construction and operational improvements on high
          risk rural roads.

        (4) Safety project under any other section. - 
          (A) In general. - The term "safety project under any other
        section" means a project carried out for the purpose of safety
        under any other section of this title.
          (B) Inclusion. - The term "safety project under any other
        section" includes a project to promote the awareness of the
        public and educate the public concerning highway safety matters
        (including motorcyclist safety) and a project to enforce
        highway safety laws.

        (5) State highway safety improvement program. - The term "State
      highway safety improvement program" means projects or strategies
      included in the State strategic highway safety plan carried out
      as part of the State transportation improvement program under
      section 135(g).
        (6) State strategic highway safety plan. - The term "State
      strategic highway safety plan" means a plan developed by the
      State transportation department that - 
          (A) is developed after consultation with - 
            (i) a highway safety representative of the Governor of the
          State;
            (ii) regional transportation planning organizations and
          metropolitan planning organizations, if any;
            (iii) representatives of major modes of transportation;
            (iv) State and local traffic enforcement officials;
            (v) persons responsible for administering section 130 at
          the State level;
            (vi) representatives conducting Operation Lifesaver;
            (vii) representatives conducting a motor carrier safety
          program under section 31102, 31106, or 31309 of title 49;
            (viii) motor vehicle administration agencies; and
            (ix) other major State and local safety stakeholders;

          (B) analyzes and makes effective use of State, regional, or
        local crash data;
          (C) addresses engineering, management, operation, education,
        enforcement, and emergency services elements (including
        integrated, interoperable emergency communications) of highway
        safety as key factors in evaluating highway projects;
          (D) considers safety needs of, and high-fatality segments of,
        public roads;
          (E) considers the results of State, regional, or local
        transportation and highway safety planning processes;
          (F) describes a program of projects or strategies to reduce
        or eliminate safety hazards;
          (G) is approved by the Governor of the State or a responsible
        State agency; and
          (H) is consistent with the requirements of section 135(g).

      (b) Program. - 
        (1) In general. - The Secretary shall carry out a highway
      safety improvement program.
        (2) Purpose. - The purpose of the highway safety improvement
      program shall be to achieve a significant reduction in traffic
      fatalities and serious injuries on public roads.

      (c) Eligibility. - 
        (1) In general. - To obligate funds apportioned under section
      104(b)(5) to carry out this section, a State shall have in effect
      a State highway safety improvement program under which the State -
       
          (A) develops and implements a State strategic highway safety
        plan that identifies and analyzes highway safety problems and
        opportunities as provided in paragraph (2);
          (B) produces a program of projects or strategies to reduce
        identified safety problems;
          (C) evaluates the plan on a regular basis to ensure the
        accuracy of the data and priority of proposed improvements; and
          (D) submits to the Secretary an annual report that - 
            (i) describes, in a clearly understandable fashion, not
          less than 5 percent of locations determined by the State,
          using criteria established in accordance with paragraph
          (2)(B)(ii), as exhibiting the most severe safety needs; and
            (ii) contains an assessment of - 
              (I) potential remedies to hazardous locations identified;
              (II) estimated costs associated with those remedies; and
              (III) impediments to implementation other than cost
            associated with those remedies.

        (2) Identification and analysis of highway safety problems and
      opportunities. - As part of the State strategic highway safety
      plan, a State shall - 
          (A) have in place a crash data system with the ability to
        perform safety problem identification and countermeasure
        analysis;
          (B) based on the analysis required by subparagraph (A) - 
            (i) identify hazardous locations, sections, and elements
          (including roadside obstacles, railway-highway crossing
          needs, and unmarked or poorly marked roads) that constitute a
          danger to motorists (including motorcyclists), bicyclists,
          pedestrians, and other highway users; and
            (ii) using such criteria as the State determines to be
          appropriate, establish the relative severity of those
          locations, in terms of accidents, injuries, deaths, traffic
          volume levels, and other relevant data;

          (C) adopt strategic and performance-based goals that - 
            (i) address traffic safety, including behavioral and
          infrastructure problems and opportunities on all public
          roads;
            (ii) focus resources on areas of greatest need; and
            (iii) are coordinated with other State highway safety
          programs;

          (D) advance the capabilities of the State for traffic records
        data collection, analysis, and integration with other sources
        of safety data (such as road inventories) in a manner that - 
            (i) complements the State highway safety program under
          chapter 4 and the commercial vehicle safety plan under
          section 31102 of title 49;
            (ii) includes all public roads;
            (iii) identifies hazardous locations, sections, and
          elements on public roads that constitute a danger to
          motorists (including motorcyclists), bicyclists, pedestrians,
          the disabled, and other highway users; and
            (iv) includes a means of identifying the relative severity
          of hazardous locations described in clause (iii) in terms of
          accidents, injuries, deaths, and traffic volume levels;

          (E)(i) determine priorities for the correction of hazardous
        road locations, sections, and elements (including railway-
        highway crossing improvements), as identified through crash
        data analysis;
          (ii) identify opportunities for preventing the development of
        such hazardous conditions; and
          (iii) establish and implement a schedule of highway safety
        improvement projects for hazard correction and hazard
        prevention; and
          (F)(i) establish an evaluation process to analyze and assess
        results achieved by highway safety improvement projects carried
        out in accordance with procedures and criteria established by
        this section; and
          (ii) use the information obtained under clause (i) in setting
        priorities for highway safety improvement projects.

      (d) Eligible Projects. - 
        (1) In general. - A State may obligate funds apportioned to the
      State under section 104(b)(5) to carry out - 
          (A) any highway safety improvement project on any public road
        or publicly owned bicycle or pedestrian pathway or trail; or
          (B) as provided in subsection (e), other safety projects.

        (2) Use of other funding for safety. - 
          (A) Effect of section. - Nothing in this section prohibits
        the use of funds made available under other provisions of this
        title for highway safety improvement projects.
          (B) Use of other funds. - States are encouraged to address
        the full scope of their safety needs and opportunities by using
        funds made available under other provisions of this title
        (except a provision that specifically prohibits that use).

      (e) Flexible Funding for States With a Strategic Highway Safety
    Plan. - 
        (1) In general. - To further the implementation of a State
      strategic highway safety plan, a State may use up to 10 percent
      of the amount of funds apportioned to the State under section
      104(b)(5) for a fiscal year to carry out safety projects under
      any other section as provided in the State strategic highway
      safety plan if the State certifies that - 
          (A) the State has met needs in the State relating to railway-
        highway crossings; and
          (B) the State has met the State's infrastructure safety needs
        relating to highway safety improvement projects.

        (2) Other transportation and highway safety plans. - Nothing in
      this subsection requires a State to revise any State process,
      plan, or program in effect on the date of enactment of this
      section.

      (f) High Risk Rural Roads. - 
        (1) In general. - After making an apportionment under section
      104(b)(5) for a fiscal year beginning after September 30, 2005,
      the Secretary shall ensure, from amounts made available to carry
      out this section for such fiscal year, that a total of
      $90,000,000 of such apportionment is set aside by the States,
      proportionally according to the share of each State of the total
      amount so apportioned, for use only for construction and
      operational improvements on high risk rural roads.
        (2) Special rule. - A State may use funds apportioned to the
      State pursuant to this subsection for any project under this
      section if the State certifies to the Secretary that the State
      has met all of State needs for construction and operational
      improvements on high risk rural roads.

      (g) Reports. - 
        (1) In general. - A State shall submit to the Secretary a
      report that - 
          (A) describes progress being made to implement highway safety
        improvement projects under this section;
          (B) assesses the effectiveness of those improvements; and
          (C) describes the extent to which the improvements funded
        under this section contribute to the goals of - 
            (i) reducing the number of fatalities on roadways;
            (ii) reducing the number of roadway-related injuries;
            (iii) reducing the occurrences of roadway-related crashes;
            (iv) mitigating the consequences of roadway-related
          crashes; and
            (v) reducing the occurrences of crashes at railway-highway
          crossings.

        (2) Contents; schedule. - The Secretary shall establish the
      content and schedule for a report under paragraph (1).
        (3) Transparency. - The Secretary shall make reports submitted
      under subsection (c)(1)(D) available to the public through - 
          (A) the Web site of the Department; and
          (B) such other means as the Secretary determines to be
        appropriate.

        (4) Discovery and admission into evidence of certain reports,
      surveys, and information. - Notwithstanding any other provision
      of law, reports, surveys, schedules, lists, or data compiled or
      collected for any purpose directly relating to paragraph (1) or
      subsection (c)(1)(D), or published by the Secretary in accordance
      with paragraph (3), shall not be subject to discovery or admitted
      into evidence in a Federal or State court proceeding or
      considered for other purposes in any action for damages arising
      from any occurrence at a location identified or addressed in such
      reports, surveys, schedules, lists, or other data.

      (h) Federal Share of Highway Safety Improvement Projects. -
    Except as provided in sections 120 and 130, the Federal share of
    the cost of a highway safety improvement project carried out with
    funds apportioned to a State under section 104(b)(5) shall be 90
    percent.

-SOURCE-
    (Added Pub. L. 93-87, title I, Sec. 129(b), Aug. 13, 1973, 87 Stat.
    265; amended Pub. L. 95-599, title I, Secs. 125, 129(d), Nov. 6,
    1978, 92 Stat. 2705, 2707; Pub. L. 109-59, title I, Sec.
    1401(a)(1), Aug. 10, 2005, 119 Stat. 1219.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this section, referred to in subsec.
    (e)(2), probably means the date of enactment of Pub. L. 109-59,
    which amended this section generally and was approved Aug. 10,
    2005.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-59 amended section catchline and text
    generally, substituting provisions relating to a highway safety
    improvement program for provisions relating to development of the
    Great River Road, a national scenic and recreational highway.
      1978 - Subsec. (a)(5). Pub. L. 95-599, Sec. 125(b), inserted
    provision authorizing charging of a fee in certain cases to cover
    operational costs.
      Subsec. (e). Pub. L. 95-599, Sec. 129(d), substituted "75 per
    centum" for "70 per centum".
      Subsec. (h). Pub. L. 95-599, Sec. 125(a), added subsec. (h).

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by section 129(d) of Pub. L. 95-599 effective with
    respect to obligations incurred after Nov. 6, 1978, see section
    129(h) of Pub. L. 95-599, set out as a note under section 120 of
    this title.

                                TRANSITION                            
      Pub. L. 109-59, title I, Sec. 1401(e), Aug. 10, 2005, 119 Stat.
    1227, provided that:
      "(1) Implementation. - Except as provided in paragraph (2), the
    Secretary [of Transportation] shall approve obligations of funds
    apportioned under section 104(b)(5) of title 23, United States Code
    (as added by subsection (b)), to carry out section 148 of that
    title, only if, not later than October 1 of the second fiscal year
    beginning after the date of enactment of this Act [Aug. 10, 2005],
    a State has developed and implemented a State strategic highway
    safety plan as required pursuant to section 148(c) of that title.
      "(2) Interim period. - 
        "(A) In general. - Before October 1 of the second fiscal year
      after the date of enactment of this Act and until the date on
      which a State develops and implements a State strategic highway
      safety plan, the Secretary shall apportion funds to a State for
      the highway safety improvement program and the State may obligate
      funds apportioned to the State for the highway safety improvement
      program under section 148 for projects that were eligible for
      funding under sections 130 and 152 of that title, as in effect on
      the day before the date of enactment of this Act.
        "(B) No strategic highway safety plan. - If a State has not
      developed a strategic highway safety plan by October 1, 2007, the
      State shall receive for the highway safety improvement program
      for each subsequent fiscal year until the date of development of
      such plan an amount that equals the amount apportioned to the
      State for that program for fiscal year 2007."

-End-



-CITE-
    23 USC Sec. 149                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 149. Congestion mitigation and air quality improvement program

-STATUTE-
      (a) Establishment. - The Secretary shall establish and implement
    a congestion mitigation and air quality improvement program in
    accordance with this section.
      (b) Eligible Projects. - Except as provided in subsection (c), a
    State may obligate funds apportioned to it under section 104(b)(2)
    for the congestion mitigation and air quality improvement program
    only for a transportation project or program if the project or
    program is for an area in the State that is or was designated as a
    nonattainment area for ozone, carbon monoxide, or particulate
    matter under section 107(d) of the Clean Air Act (42 U.S.C.
    7407(d)) and classified pursuant to section 181(a), 186(a), 188(a),
    or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a),
    7513(a), or 7513(b)) or is or was designated as a nonattainment
    area under such section 107(d) after December 31, 1997, or is
    required to prepare, and file with the Administrator of the
    Environmental Protection Agency, maintenance plans under the Clean
    Air Act (42 U.S.C. 7401 et seq.) and - 
        (1)(A)(i) if the Secretary, after consultation with the
      Administrator determines, on the basis of information published
      by the Environmental Protection Agency pursuant to section
      108(f)(1)(A) of the Clean Air Act (other than clause (xvi)) that
      the project or program is likely to contribute to - 
          (I) the attainment of a national ambient air quality
        standard; or
          (II) the maintenance of a national ambient air quality
        standard in a maintenance area; and

        (ii) a high level of effectiveness in reducing air pollution,
      in cases of projects or programs where sufficient information is
      available in the database established pursuant to subsection (h)
      to determine the relative effectiveness of such projects or
      programs; or,
        (B) in any case in which such information is not available, if
      the Secretary, after such consultation, determines that the
      project or program is part of a program, method, or strategy
      described in such section 108(f)(1)(A);
        (2) if the project or program is included in a State
      implementation plan that has been approved pursuant to the Clean
      Air Act and the project will have air quality benefits;
        (3) the Secretary, after consultation with the Administrator of
      the Environmental Protection Agency, determines that the project
      or program is likely to contribute to the attainment of a
      national ambient air quality standard, whether through reductions
      in vehicle miles traveled, fuel consumption, or through other
      factors;
        (4) to establish or operate a traffic monitoring, management,
      and control facility or program, including advanced truck stop
      electrification systems, if the Secretary, after consultation
      with the Administrator of the Environmental Protection Agency,
      determines that the facility or program is likely to contribute
      to the attainment of a national ambient air quality standard;
        (5) if the program or project improves traffic flow, including
      projects to improve signalization, construct high occupancy
      vehicle lanes, improve intersections, improve transportation
      systems management and operations that mitigate congestion and
      improve air quality, and implement intelligent transportation
      system strategies and such other projects that are eligible for
      assistance under this section on the day before the date of
      enactment of this paragraph;
        (6) if the project or program involves the purchase of
      integrated, interoperable emergency communications equipment; or
        (7) if the project or program is for - 
          (A) the purchase of diesel retrofits that are - 
            (i) for motor vehicles (as defined in section 216 of the
          Clean Air Act (42 U.S.C. 7550)); or
            (ii) published in the list under subsection (f)(2) for non-
          road vehicles and non-road engines (as defined in section
          216 of the Clean Air Act (42 U.S.C. 7550)) that are used in
          construction projects that are - 
              (I) located in nonattainment or maintenance areas for
            ozone, PM<sub>10</sub>, or PM<sub>2.5</sub> (as defined under
            the Clean Air Act (42 U.S.C. 7401 et seq.)); and
              (II) funded, in whole or in part, under this title; or

          (B) the conduct of outreach activities that are designed to
        provide information and technical assistance to the owners and
        operators of diesel equipment and vehicles regarding the
        purchase and installation of diesel retrofits.

    No funds may be provided under this section for a project which
    will result in the construction of new capacity available to single
    occupant vehicles unless the project consists of a high occupancy
    vehicle facility available to single occupant vehicles only at
    other than peak travel times. In areas of a State which are
    nonattainment for ozone or carbon monoxide, or both, and for PM-10
    resulting from transportation activities, the State may obligate
    such funds for any project or program under paragraph (1) or (2)
    without regard to any limitation of the Department of
    Transportation relating to the type of ambient air quality standard
    such project or program addresses.
      (c) States Receiving Minimum Apportionment. - 
        (1) States without a nonattainment area. - If a State does not
      have, and never has had, a nonattainment area designated under
      the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use
      funds apportioned to the State under section 104(b)(2) for any
      project in the State that - 
          (A) would otherwise be eligible under this section as if the
        project were carried out in a nonattainment or maintenance
        area; or
          (B) is eligible under the surface transportation program
        under section 133.

        (2) States with a nonattainment area. - If a State has a
      nonattainment area or maintenance area and receives funds under
      section 104(b)(2)(D) above the amount of funds that the State
      would have received based on its nonattainment and maintenance
      area population under subparagraphs (B) and (C) of section
      104(b)(2), the State may use that portion of the funds not based
      on its nonattainment and maintenance area population under
      subparagraphs (B) and (C) of section 104(b)(2) for any project in
      the State that - 
          (A) would otherwise be eligible under this section as if the
        project were carried out in a nonattainment or maintenance
        area; or
          (B) is eligible under the surface transportation program
        under section 133.

      (d) Applicability of Planning Requirements. - Programming and
    expenditure of funds for projects under this section shall be
    consistent with the requirements of sections 134 and 135 of this
    title.
      (e) Partnerships With Nongovernmental Entities. - 
        (1) In general. - Notwithstanding any other provision of this
      title and in accordance with this subsection, a metropolitan
      planning organization, State transportation department, or other
      project sponsor may enter into an agreement with any public,
      private, or nonprofit entity to cooperatively implement any
      project carried out under this section.
        (2) Forms of participation by entities. - Participation by an
      entity under paragraph (1) may consist of - 
          (A) ownership or operation of any land, facility, vehicle, or
        other physical asset associated with the project;
          (B) cost sharing of any project expense;
          (C) carrying out of administration, construction management,
        project management, project operation, or any other management
        or operational duty associated with the project; and
          (D) any other form of participation approved by the
        Secretary.

        (3) Allocation to entities. - A State may allocate funds
      apportioned under section 104(b)(2) to an entity described in
      paragraph (1).
        (4) Alternative fuel projects. - In the case of a project that
      will provide for the use of alternative fuels by privately owned
      vehicles or vehicle fleets, activities eligible for funding under
      this subsection - 
          (A) may include the costs of vehicle refueling
        infrastructure, including infrastructure that would support the
        development, production, and use of emerging technologies that
        reduce emissions of air pollutants from motor vehicles, and
        other capital investments associated with the project;
          (B) shall include only the incremental cost of an alternative
        fueled vehicle, as compared to a conventionally fueled vehicle,
        that would otherwise be borne by a private party; and
          (C) shall apply other governmental financial purchase
        contributions in the calculation of net incremental cost.

        (5) Prohibition on federal participation with respect to
      required activities. - A Federal participation payment under this
      subsection may not be made to an entity to fund an obligation
      imposed under the Clean Air Act (42 U.S.C. 7401 et seq.) or any
      other Federal law.

      (f) Cost-Effective Emission Reduction Guidance. - 
        (1) Definitions. - In this subsection, the following
      definitions apply:
          (A) Administrator. - The term "Administrator" means the
        Administrator of the Environmental Protection Agency.
          (B) Diesel retrofit. - The term "diesel retrofit" means a
        replacement, repowering, rebuilding, after treatment, or other
        technology, as determined by the Administrator.

        (2) Emission reduction guidance. - The Administrator, in
      consultation with the Secretary, shall publish a list of diesel
      retrofit technologies and supporting technical information for - 
          (A) diesel emission reduction technologies certified or
        verified by the Administrator, the California Air Resources
        Board, or any other entity recognized by the Administrator for
        the same purpose;
          (B) diesel emission reduction technologies identified by the
        Administrator as having an application and approvable test plan
        for verification by the Administrator or the California Air
        Resources Board that is submitted not later that 18 months of
        the date of enactment of this subsection;
          (C) available information regarding the emission reduction
        effectiveness and cost effectiveness of technologies identified
        in this paragraph, taking into consideration air quality and
        health effects.

        (3) Priority. - 
          (A) In general. - States and metropolitan planning
        organizations shall give priority in distributing funds
        received for congestion mitigation and air quality projects and
        programs from apportionments derived from application of
        sections 104(b)(2)(B) and 104(b)(2)(C) to - 
            (i) diesel retrofits, particularly where necessary to
          facilitate contract compliance, and other cost-effective
          emission reduction activities, taking into consideration air
          quality and health effects; and
            (ii) cost-effective congestion mitigation activities that
          provide air quality benefits.

          (B) Savings. - This paragraph is not intended to disturb the
        existing authorities and roles of governmental agencies in
        making final project selections.

        (4) No effect on authority or restrictions. - Nothing in this
      subsection modifies or otherwise affects any authority or
      restriction established under the Clean Air Act (42 U.S.C. 7401
      et seq.) or any other law (other than provisions of this title
      relating to congestion mitigation and air quality).

      (g) Interagency Consultation. - The Secretary shall encourage
    States and metropolitan planning organizations to consult with
    State and local air quality agencies in nonattainment and
    maintenance areas on the estimated emission reductions from
    proposed congestion mitigation and air quality improvement programs
    and projects.
      (h) Evaluation and Assessment of Projects. - 
        (1) In general. - The Secretary, in consultation with the
      Administrator of the Environmental Protection Agency, shall
      evaluate and assess a representative sample of projects funded
      under the congestion mitigation and air quality program to - 
          (A) determine the direct and indirect impact of the projects
        on air quality and congestion levels; and
          (B) ensure the effective implementation of the program.

        (2) Database. - Using appropriate assessments of projects
      funded under the congestion mitigation and air quality program
      and results from other research, the Secretary shall maintain and
      disseminate a cumulative database describing the impacts of the
      projects.
        (3) Consideration. - The Secretary, in consultation with the
      Administrator, shall consider the recommendations and findings of
      the report submitted to Congress under section 1110(e) of the
      Transportation Equity Act for the 21st Century (112 Stat. 144),
      including recommendations and findings that would improve the
      operation and evaluation of the congestion mitigation and air
      quality improvement program.

-SOURCE-
    (Added Pub. L. 93-87, title I, Sec. 142(a), Aug. 13, 1973, 87 Stat.
    272; amended Pub. L. 102-240, title I, Sec. 1008(a), Dec. 18, 1991,
    105 Stat. 1932; Pub. L. 102-388, title III, Sec. 380, Oct. 6, 1992,
    106 Stat. 1562; Pub. L. 104-59, title III, Sec. 319(a)(1), (b),
    Nov. 28, 1995, 109 Stat. 588, 589; Pub. L. 104-88, title IV, Sec.
    405(a)(2), (b), Dec. 29, 1995, 109 Stat. 956, 957; Pub. L. 105-178,
    title I, Sec. 1110(a)-(d)(1), June 9, 1998, 112 Stat. 142, 143;
    Pub. L. 109-59, title I, Sec. 1808(a)-(f), Aug. 10, 2005, 119 Stat.
    1461-1463.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Clean Air Act, referred to in subsecs. (b), (c)(1), (e)(5),
    and (f)(4), is act July 14, 1955, ch. 360, 69 Stat. 322, as
    amended, which is classified generally to chapter 85 (Sec. 7401 et
    seq.) of Title 42, The Public Health and Welfare. Section
    108(f)(1)(A) of the Act is classified to section 7408(f)(1)(A) of
    Title 42. For complete classification of this Act to the Code, see
    Short Title note set out under section 7401 of Title 42 and Tables.
      The date of enactment of this paragraph, referred to in subsec.
    (b)(5), is the date of enactment of Pub. L. 105-178, which was
    approved June 9, 1998.
      The date of enactment of this subsection, referred to in subsec.
    (f)(2)(B), is the date of enactment of Pub. L. 109-59, which was
    approved Aug. 10, 2005.
      Section 1110(e) of the Transportation Equity Act for the 21st
    Century, referred to in subsec. (h)(3), is section 1110(e) of Pub.
    L. 105-178, which is set out as a note below.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b). Pub. L. 109-59, Sec. 1808(a), inserted "or is
    required to prepare, and file with the Administrator of the
    Environmental Protection Agency, maintenance plans under the Clean
    Air Act (42 U.S.C. 7401 et seq.)" after "1997," in introductory
    provisions.
      Subsec. (b)(1). Pub. L. 109-59, Sec. 1808(b)(1), added par. (1)
    and struck out former par. (1) which read as follows:
      "(A) if the Secretary, after consultation with the Administrator
    of the Environmental Protection Agency, determines, on the basis of
    information published by the Environmental Protection Agency
    pursuant to section 108(f)(1)(A) of the Clean Air Act (other than
    clause (xvi) of such section), that the project or program is
    likely to contribute to - 
        "(i) the attainment of a national ambient air quality standard;
      or
        "(ii) the maintenance of a national ambient air quality
      standard in a maintenance area; or
      "(B) in any case in which such information is not available, if
    the Secretary, after such consultation, determines that the project
    or program is part of a program, method, or strategy described in
    such section;".
      Subsec. (b)(4). Pub. L. 109-59, Sec. 1808(b)(2)(A), inserted ",
    including advanced truck stop electrification systems," after
    "control facility or program".
      Subsec. (b)(5). Pub. L. 109-59, Sec. 1808(b)(3)(A), inserted
    "improve transportation systems management and operations that
    mitigate congestion and improve air quality," after
    "intersections,".
      Subsec. (b)(6), (7). Pub. L. 109-59, Sec. 1808(b)(2)(B), (3)(B),
    (4), which directed addition of pars. (6) and (7) at end of subsec.
    (b), was executed by adding pars. (6) and (7) after par. (5) to
    reflect the probable intent of Congress.
      Subsec. (c)(1). Pub. L. 109-59, Sec. 1808(c)(1), substituted "for
    any project in the State that - " and subpars. (A) and (B) for "for
    any project eligible under the surface transportation program under
    section 133."
      Subsec. (c)(2). Pub. L. 109-59, Sec. 1808(c)(2), substituted "for
    any project in the State that - " and subpars. (A) and (B) for "for
    any project in the State eligible under section 133."
      Subsecs. (f) to (h). Pub. L. 109-59, Sec. 1808(d)-(f), added
    subsecs. (f) to (h).
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1110(a), substituted
    "shall establish and implement" for "shall establish".
      Subsec. (b). Pub. L. 105-178, Sec. 1110(b)(1), in introductory
    provisions, substituted "that is or was designated as a
    nonattainment area for ozone, carbon monoxide, or particulate
    matter under section 107(d) of the Clean Air Act (42 U.S.C.
    7407(d)) and classified pursuant to section 181(a), 186(a), 188(a),
    or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a),
    7513(a), or 7513(b)) or is or was designated as a nonattainment
    area under such section 107(d) after December 31, 1997," for "that
    was designated as a nonattainment area under section 107(d) of the
    Clean Air Act (42 U.S.C. 7407(d)) during any part of fiscal year
    1994".
      Subsec. (b)(1)(A). Pub. L. 105-178, Sec. 1110(b)(2), substituted
    "clause (xvi) of such section" for "clauses (xii) and (xvi) of such
    section".
      Subsec. (b)(1)(A)(ii). Pub. L. 105-178, Sec. 1110(b)(3),
    substituted "a maintenance area" for "an area that was designated
    as a nonattainment area but that was later redesignated by the
    Administrator of the Environmental Protection Agency as an
    attainment area under section 107(d) of the Clean Air Act (42
    U.S.C. 7407(d))".
      Subsec. (b)(5). Pub. L. 105-178, Sec. 1110(b)(4)-(6), added par.
    (5).
      Subsec. (c). Pub. L. 105-178, Sec. 1110(c), added subsec. (c) and
    struck out heading and text of former subsec. (c). Text read as
    follows: "If a State does not have a nonattainment area for ozone
    or carbon monoxide under the Clean Air Act located within its
    borders, the State may use funds apportioned to it under section
    104(b)(2) for any project eligible for assistance under the surface
    transportation program."
      Subsec. (e). Pub. L. 105-178, Sec. 1110(d)(1), added subsec. (e).
      1995 - Subsec. (b). Pub. L. 104-59, Sec. 319(a)(1)(A), in
    introductory provisions, inserted "if the project or program is for
    an area in the State that was designated as a nonattainment area
    under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d))
    during any part of fiscal year 1994 and" after "project or
    program".
      Subsec. (b)(1)(A). Pub. L. 104-59, Sec. 319(a)(1)(B), substituted
    "contribute to - " and cls. (i) and (ii) for "contribute to the
    attainment of a national ambient air quality standard; or".
      Subsec. (b)(2). Pub. L. 104-59, Sec. 319(b)(1), struck out "or"
    at end.
      Subsec. (b)(3). Pub. L. 104-88, Sec. 405(b)(1), inserted "or"
    after semicolon at end.
      Pub. L. 104-59, Sec. 319(b)(2), substituted a semicolon for
    period at end.
      Subsec. (b)(4). Pub. L. 104-88, Sec. 405(b)(2), substituted a
    period for "; or" at end.
      Pub. L. 104-59, Sec. 319(b)(3), as amended by Pub. L. 104-88,
    Sec. 405(a)(2), added par. (4).
      1992 - Subsec. (b). Pub. L. 102-388 inserted at end "In areas of
    a State which are nonattainment for ozone or carbon monoxide, or
    both, and for PM-10 resulting from transportation activities, the
    State may obligate such funds for any project or program under
    paragraph (1) or (2) without regard to any limitation of the
    Department of Transportation relating to the type of ambient air
    quality standard such project or program addresses."
      1991 - Pub. L. 102-240 substituted section catchline for one
    which read: "Truck lanes" and amended text generally. Prior to
    amendment, text read as follows: "The Secretary may approve as a
    project on any Federal-aid system the construction of exclusive or
    preferential truck lanes."

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by section 405(b) of Pub. L. 104-88 effective Jan. 1,
    1996, see section 2 of Pub. L. 104-88, set out as an Effective Date
    note under section 701 of Title 49, Transportation.
      Section 405(a) of Pub. L. 104-88 provided that the amendment made
    by that section is effective Nov. 28, 1995.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

    DETERMINATION BY SECRETARY; WATER-PHASED HYDROCARBON FUEL EMULSION
                               TECHNOLOGIES
      Pub. L. 105-178, title I, Sec. 1110(d)(2), June 9, 1998, 112
    Stat. 144, as amended by Pub. L. 105-206, title IX, Sec. 9002(g),
    July 22, 1998, 112 Stat. 836, provided that: "For the purposes of
    section 149(e) of title 23, United States Code, the Secretary shall
    determine in accordance with the procedures specified in section
    149(b) of such title whether water-phased hydrocarbon fuel emulsion
    technologies that consist of a hydrocarbon base and water in an
    amount not less than 20 percent by volume reduce emissions of
    hydrocarbon, particulate matter, carbon monoxide, or nitrogen oxide
    from motor vehicles."

                           STUDY OF CMAQ PROGRAM                       
      Pub. L. 105-178, title I, Sec. 1110(e), June 9, 1998, 112 Stat.
    144, provided that:
      "(1) In general. - The Secretary and the Administrator of the
    Environmental Protection Agency shall enter into arrangements with
    the National Academy of Sciences to complete, by not later than
    January 1, 2001, a study of the congestion mitigation and air
    quality improvement program under section 149 of title 23, United
    States Code. The study shall, at a minimum - 
        "(A) evaluate the air quality impacts of emissions from motor
      vehicles;
        "(B) evaluate the negative effects of traffic congestion,
      including the economic effects of time lost due to congestion;
        "(C) determine the amount of funds obligated under the program
      and make a comprehensive analysis of the types of projects funded
      under the program;
        "(D) evaluate the emissions reductions attributable to projects
      of various types that have been funded under the program;
        "(E) assess the effectiveness, including the quantitative and
      nonquantitative benefits, of projects funded under the program
      and include, in the assessment, an estimate of the cost per ton
      of pollution reduction;
        "(F) assess the cost effectiveness of projects funded under the
      program with respect to congestion mitigation;
        "(G) compare - 
          "(i) the costs of achieving the air pollutant emissions
        reductions achieved under the program; to
          "(ii) the costs that would be incurred if similar reductions
        were achieved by other measures, including pollution controls
        on stationary sources;
        "(H) include recommendations on improvements, including other
      types of projects, that will increase the overall effectiveness
      of the program;
        "(I) include recommendations on expanding the scope of the
      program to address traffic-related pollutants that, as of the
      date of the study, are not addressed by the program.
      "(2) Report. - Not later than January 1, 2000, the National
    Academy of Sciences shall transmit to the Secretary, the Committee
    on Transportation and Infrastructure and the Committee on Commerce
    of the House of Representatives, and the Committee on Environment
    and Public Works of the Senate a report on the results of the study
    with recommendations for modifications to the congestion mitigation
    and air quality improvement program in light of the results of the
    study.
      "(3) Funding. - Before making the apportionment of funds under
    section 104(b)(2) of title 23, United States Code, for each of
    fiscal years 1999 and 2000, the Secretary shall deduct from the
    amount to be apportioned under such section for such fiscal year,
    and make available, $500,000 for such fiscal year to carry out this
    subsection."

                   EFFECT OF LIMITATION ON APPORTIONMENT               
      Notwithstanding any other provision of law, for each of fiscal
    years 1996 and 1997, amendment by section 319(a)(1) of Pub. L. 104-
    59 not to affect any apportionment adjustments under section 1015
    of the Intermodal Surface Transportation Efficiency Act of 1991,
    Pub. L. 102-240, see section 319(c) of Pub. L. 104-59, set out as a
    note under section 104 of this title.

                        VALUE PRICING PILOT PROGRAM                    
      Pub. L. 102-240, title I, Sec. 1012(b), Dec. 18, 1991, 105 Stat.
    1938, as amended by Pub. L. 104-59, title III, Sec. 325(e), Nov.
    28, 1995, 109 Stat. 592; Pub. L. 105-178, title I, Sec. 1216(a),
    June 9, 1998, 112 Stat. 211; Pub. L. 105-206, title IX, Sec.
    9006(b), July 22, 1998, 112 Stat. 848; Pub. L. 109-59, title I,
    Sec. 1604(a), Aug. 10, 2005, 119 Stat. 1249, provided that:
      "(1) The Secretary shall solicit the participation of State and
    local governments and public authorities for one or more value
    pricing pilot programs. The Secretary may enter into cooperative
    agreements with as many as 15 such State or local governments or
    public authorities to establish, maintain, and monitor value
    pricing programs.
      "(2) Notwithstanding section 129 of title 23, United States Code,
    the Federal share payable for such programs shall be 80 percent.
    The Secretary shall fund all preimplementation costs and project
    design, and all of the development and other start up costs of such
    projects, including salaries and expenses, for a period of at least
    1 year, and thereafter until such time that sufficient revenues are
    being generated by the program to fund its operating costs without
    Federal participation, except that the Secretary may not fund the
    preimplementation or implementation costs of any project for more
    than 3 years.
      "(3) Revenues generated by any pilot project under this
    subsection must be applied to projects eligible under such title.
      "(4) Notwithstanding sections 129 and 301 of title 23, United
    States Code, the Secretary shall allow the use of tolls on the
    Interstate System as part of any value pricing pilot program under
    this subsection.
      "(5) The Secretary shall monitor the effect of such programs for
    a period of at least 10 years, and shall report to the Committee on
    Environment and Public Works of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives
    every 2 years on the effects such programs are having on driver
    behavior, traffic volume, transit ridership, air quality, and
    availability of funds for transportation programs.
      "(6) HOV passenger requirements. - Notwithstanding section 102(a)
    of title 23, United States Code, a State may permit vehicles with
    fewer than 2 occupants to operate in high occupancy vehicle lanes
    if the vehicles are part of a value pricing pilot program under
    this subsection.
      "(7) Financial effects on low-income drivers. - Any value pricing
    pilot program under this subsection shall include, if appropriate,
    an analysis of the potential effects of the pilot program on low-
    income drivers and may include mitigation measures to deal with
    any potential adverse financial effects on low-income drivers.
      "(8) Funding. - 
        "(A) In general. - There are authorized to be appropriated to
      the Secretary from the Highway Trust Fund (other than the Mass
      Transit Account) to carry out this subsection - 
          "(i) for fiscal year 2005, $11,000,000; and
          "(ii) for each of fiscal years 2006 through 2009,
        $12,000,000.
        "(B) Set-aside for projects not involving highway tolls. - Of
      the amounts made available to carry out this subsection,
      $3,000,000 for each of fiscal years 2006 through 2009 shall be
      available only for congestion pricing pilot projects that do not
      involve highway tolls.
        "(C) Availability. - Funds allocated by the Secretary to a
      State under this subsection shall remain available for obligation
      by the State for a period of 3 years after the last day of the
      fiscal year for which the funds are authorized.
        "(D) Use of unallocated funds. - If the total amount of funds
      made available from the Highway Trust Fund to carry out this
      subsection for fiscal year 1998 and fiscal years thereafter but
      not allocated exceeds $8,000,000 as of September 30 of any year,
      the excess amount - 
          "(i) shall be apportioned in the following fiscal year by the
        Secretary to all States in accordance with section 104(b)(3) of
        title 23, United States Code;
          "(ii) shall be considered to be a sum made available for
        expenditure on the surface transportation program, except that
        the amount shall not be subject to section 133(d) of such
        title; and
          "(iii) shall be available for any purpose eligible for
        funding under section 133 of such title.
        "(C) [probably should be (E)] Contract authority. - Funds
      authorized to carry out this subsection shall be available for
      obligation in the same manner as if the funds were apportioned
      under chapter 1 of title 23, United States Code; except that the
      Federal share of the cost of any project under this subsection
      and the availability of funds authorized to carry out this
      subsection shall be determined in accordance with this
      subsection."

-End-



-CITE-
    23 USC Sec. 150                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 150. Repealed.

-MISC1-
    [Sec. 150. Repealed. Pub. L. 105-178, title I, Sec. 1103(l)(5), as
      added Pub. L. 105-206, title IX, Sec. 9002(c)(1), July 22, 1998,
      112 Stat. 834].
      Section, added Pub. L. 93-87, title I, Sec. 157(a), Aug. 13,
    1973, 87 Stat. 277; amended Pub. L. 97-424, title I, Sec. 124, Jan.
    6, 1983, 96 Stat. 2113, related to allocation of urban system
    funds.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective simultaneously with enactment of Pub. L. 105-178
    and to be treated as included in Pub. L. 105-178 at time of
    enactment, see section 9016 of Pub. L. 105-206, set out as an
    Effective Date of 1998 Amendment note under section 101 of this
    title.

-End-



-CITE-
    23 USC Sec. 151                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 151. National bridge inspection program

-STATUTE-
      (a) National Bridge Inspection Standards. - The Secretary, in
    consultation with the State transportation departments and
    interested and knowledgeable private organizations and individuals,
    shall establish national bridge inspection standards for the proper
    safety inspection and evaluation of all highway bridges.
      (b) Minimum Requirements of Inspection Standards. - The standards
    established under subsection (a) shall, at a minimum - 
        (1) specify, in detail, the method by which such inspections
      shall be carried out by the States;
        (2) establish the maximum time period between inspections;
        (3) establish the qualification for those charged with carrying
      out the inspections;
        (4) require each State to maintain and make available to the
      Secretary upon request - 
          (A) written reports on the results of highway bridge
        inspections together with notations of any action taken
        pursuant to the findings of such inspections; and
          (B) current inventory data for all highway bridges reflecting
        the findings of the most recent highway bridge inspections
        conducted; and

        (5) establish a procedure for national certification of highway
      bridge inspectors.

      (c) Training Program for Bridge Inspectors. - The Secretary, in
    cooperation with the State transportation departments, shall
    establish a program designed to train appropriate governmental
    employees to carry out highway bridge inspections. Such training
    program shall be revised from time to time to take into account new
    and improved techniques.
      (d) Availability of Funds. - To carry out this section, the
    Secretary may use funds made available pursuant to the provisions
    of section 104(a), section 502, and section 144 of this title.

-SOURCE-
    (Added Pub. L. 100-17, title I, Sec. 125(a), Apr. 2, 1987, 101
    Stat. 166; amended Pub. L. 105-178, title I, Sec.
    1212(a)(2)(A)(ii), title V, Sec. 5119(e), June 9, 1998, 112 Stat.
    193, 452.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 151, added Pub. L. 93-87, title II, Sec. 205(a),
    Aug. 13, 1973, 87 Stat. 284; amended Pub. L. 94-280, title II, Sec.
    207, May 5, 1976, 90 Stat. 454; Pub. L. 95-599, title I, Sec. 127,
    Nov. 6, 1978, 92 Stat. 2707; Pub. L. 96-470, title II, Sec. 209(c),
    Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97-375, title I, Sec. 111(a),
    Dec. 21, 1982, 96 Stat. 1821, related to a pavement marking
    demonstration program, prior to repeal by Pub. L. 100-17, title I,
    Sec. 125(a), Apr. 2, 1987, 101 Stat. 166.

                                AMENDMENTS                            
      1998 - Subsecs. (a), (c). Pub. L. 105-178, Sec.
    1212(a)(2)(A)(ii), substituted "State transportation departments"
    for "State highway departments".
      Subsec. (d). Pub. L. 105-178, Sec. 5119(e), substituted "section
    502," for "section 307(a),".

-End-



-CITE-
    23 USC Sec. 152                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 152. Hazard elimination program

-STATUTE-
      (a) In General. - 
        (1) Program. - Each State shall conduct and systematically
      maintain an engineering survey of all public roads to identify
      hazardous locations, sections, and elements, including roadside
      obstacles and unmarked or poorly marked roads, which may
      constitute a danger to motorists, bicyclists, and pedestrians,
      assign priorities for the correction of such locations, sections,
      and elements, and establish and implement a schedule of projects
      for their improvement.
        (2) Hazards. - In carrying out paragraph (1), a State may, at
      its discretion - 
          (A) identify, through a survey, hazards to motorists,
        bicyclists, pedestrians, and users of highway facilities; and
          (B) develop and implement projects and programs to address
        the hazards.

      (b) The Secretary may approve as a project under this section any
    safety improvement project, including a project described in
    subsection (a).
      (c) Funds authorized to carry out this section shall be available
    for expenditure on - 
        (1) any public road;
        (2) any public surface transportation facility or any publicly
      owned bicycle or pedestrian pathway or trail; or
        (3) any traffic calming measure.

      (d) The Federal share payable on account of any project under
    this section shall be 90 percent of the cost thereof.
      (e) Funds authorized to be appropriated to carry out this section
    shall be available for obligation in the same manner and to the
    same extent as if such funds were apportioned under section 104(b),
    except that the Secretary is authorized to waive provisions he
    deems inconsistent with the purposes of this section.
      (f) Each State shall establish an evaluation process approved by
    the Secretary, to analyze and assess results achieved by safety
    improvement projects carried out in accordance with procedures and
    criteria established by this section. Such evaluation process shall
    develop cost-benefit data for various types of corrections and
    treatments which shall be used in setting priorities for safety
    improvement projects.
      (g) Each State shall report to the Secretary of Transportation
    not later than December 30 of each year, on the progress being made
    to implement safety improvement projects for hazard elimination and
    the effectiveness of such improvements. Each State report shall
    contain an assessment of the cost of, and safety benefits derived
    from, the various means and methods used to mitigate or eliminate
    hazards and the previous and subsequent accident experience at
    these locations. The Secretary of Transportation shall submit a
    report to the Committee on Environment and Public Works of the
    Senate and the Committee on Transportation and Infrastructure of
    the House of Representatives not later than April 1 of each year on
    the progress being made by the States in implementing the hazard
    elimination program (including but not limited to any projects for
    pavement marking). The report shall include, but not be limited to,
    the number of projects undertaken, their distribution by cost
    range, road system, means and methods used, and the previous and
    subsequent accident experience at improved locations. In addition,
    the Secretary's report shall analyze and evaluate each State
    program, identify any State found not to be in compliance with the
    schedule of improvements required by subsection (a) and include
    recommendations for future implementation of the hazard elimination
    program.
      (h) For the purposes of this section the term "State" shall have
    the meaning given it in section 401 of this title.

-SOURCE-
    (Added Pub. L. 93-87, title II, Sec. 209(a), Aug. 13, 1973, 87
    Stat. 286; amended Pub. L. 94-280, title I, Sec. 131, May 5, 1976,
    90 Stat. 441; Pub. L. 95-599, title I, Sec. 168(a), Nov. 6, 1978,
    92 Stat. 2722; Pub. L. 96-106, Sec. 10(b), Nov. 9, 1979, 93 Stat.
    798; Pub. L. 97-375, title II, Sec. 210(b), Dec. 21, 1982, 96 Stat.
    1826; Pub. L. 97-424, title I, Sec. 125, Jan. 6, 1983, 96 Stat.
    2113; Pub. L. 100-17, title I, Sec. 133(b)(12), Apr. 2, 1987, 101
    Stat. 172; Pub. L. 104-59, title III, Sec. 325(c), Nov. 28, 1995,
    109 Stat. 592; Pub. L. 105-178, title I, Sec. 1401, June 9, 1998,
    112 Stat. 235.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 1401(1), inserted
    subsec. heading, designated existing provisions as par. (1) and
    inserted par. heading, realigned margins, substituted "motorists,
    bicyclists, and pedestrians" for "motorists and pedestrians", and
    added par. (2).
      Subsec. (b). Pub. L. 105-178, Sec. 1401(2), substituted "safety
    improvement project, including a project described in subsection
    (a)" for "highway safety improvement project".
      Subsec. (c). Pub. L. 105-178, Sec. 1401(3), substituted "on - 
        "(1) any public road;
        "(2) any public surface transportation facility or any publicly
      owned bicycle or pedestrian pathway or trail; or
        "(3) any traffic calming measure" for "on any public road
      (other than a highway on the Interstate System)".
      Subsec. (e). Pub. L. 105-178, Sec. 1401(4), struck out
    "apportioned to the States as provided in section 402(c) of this
    title. Such funds shall be" before "available for obligation" and
    substituted "section 104(b)" for "section 104(b)(1)".
      Subsecs. (f), (g). Pub. L. 105-178, Sec. 1401(5), substituted
    "safety improvement projects" for "highway safety improvement
    projects" wherever appearing.
      1995 - Subsec. (g). Pub. L. 104-59 substituted "Committee on
    Transportation and Infrastructure" for "Committee on Public Works
    and Transportation".
      1987 - Subsec. (g). Pub. L. 100-17 substituted "the Committee on
    Environment and Public Works of the Senate and the Committee on
    Public Works and Transportation of the House of Representatives"
    for "the Congress".
      1983 - Subsec. (c). Pub. L. 97-424 substituted provision that
    funds authorized to carry out this section shall be available for
    expenditure on any public road (other than a highway on the
    Interstate System), for provision that funds authorized to carry
    out this section would be available solely for expenditure for
    projects on any Federal-aid system (other than the Interstate
    System) except in the Virgin Islands, Guam, and American Samoa.
      1982 - Subsec. (g). Pub. L. 97-375 inserted "(including but not
    limited to any projects for pavement marking)" after "implementing
    the hazard elimination program".
      1979 - Subsec. (g). Pub. L. 96-106 substituted "December 30" for
    "September 30" and "April 1" for "January 1".
      1978 - Subsec. (a). Pub. L. 95-599 substituted "public roads" for
    "highways" and inserted provisions relating to identification of
    hazardous sections and elements.
      Subsec. (b). Pub. L. 95-599 substituted provisions relating to
    approval of highway safety improvement projects by the Secretary
    for provisions authorizing appropriations for fiscal years ending
    June 30, 1974 through June 30, 1976.
      Subsec. (c). Pub. L. 95-599 reenacted subsec. (c) without
    substantive change.
      Subsec. (d). Pub. L. 95-599 substituted provisions prescribing
    the Federal share payable on account of any project under this
    section for provisions relating to apportionment of funds made
    available under subsec. (b) to the States. See subsec. (e) of this
    section.
      Subsec. (e). Pub. L. 95-599 substituted provisions relating to
    apportionment of funds to the States under this section for
    provisions relating to progress reports required of the States
    under this section. See subsec. (g).
      Subsecs. (f) to (h). Pub. L. 95-599 added subsecs. (f) and (g)
    and redesignated former subsec. (f) as (h).
      1976 - Subsec. (f). Pub. L. 94-280 added subsec. (f).

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (g) of this section relating to the requirement that the Secretary
    of Transportation submit a report to the Committee on Environment
    and Public Works of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives not later than
    April 1 of each year, see section 3003 of Pub. L. 104-66, as
    amended, set out as a note under section 1113 of Title 31, Money
    and Finance, and page 135 of House Document No. 103-7.

-End-



-CITE-
    23 USC Sec. 153                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 153. Use of safety belts and motorcycle helmets

-STATUTE-
      (a) Authority To Make Grants. - The Secretary may make grants to
    a State in a fiscal year in accordance with this section if the
    State has in effect in such fiscal year - 
        (1) a law which makes unlawful throughout the State the
      operation of a motorcycle if any individual on the motorcycle is
      not wearing a motorcycle helmet; and
        (2) a law which makes unlawful throughout the State the
      operation of a passenger vehicle whenever an individual in a
      front seat of the vehicle (other than a child who is secured in a
      child restraint system) does not have a safety belt properly
      fastened about the individual's body.

      (b) Use of Grants. - A grant made to a State under this section
    shall be used to adopt and implement a traffic safety program to
    carry out the following purposes:
        (1) Education. - To educate the public about motorcycle and
      passenger vehicle safety and motorcycle helmet, safety belt, and
      child restraint system use and to involve public health education
      agencies and other related agencies in these efforts.
        (2) Training. - To train law enforcement officers in the
      enforcement of State laws described in subsection (a).
        (3) Monitoring. - To monitor the rate of compliance with State
      laws described in subsection (a).
        (4) Enforcement. - To enforce State laws described in
      subsection (a).

      (c) Maintenance of Effort. - A grant may not be made to a State
    under this section in any fiscal year unless the State enters into
    such agreements with the Secretary as the Secretary may require to
    ensure that the State will maintain its aggregate expenditures from
    all other sources for any traffic safety program described in
    subsection (b) at or above the average level of such expenditures
    in the State's 2 fiscal years preceding the date of the enactment
    of this section.
      (d) Federal Share. - A State may not receive a grant under this
    section in more than 3 fiscal years. The Federal share payable for
    a grant under this section shall not exceed - 
        (1) in the first fiscal year the State receives a grant, 75
      percent of the cost of implementing in such fiscal year a traffic
      safety program described in subsection (b);
        (2) in the second fiscal year the State receives a grant, 50
      percent of the cost of implementing in such fiscal year such
      traffic safety program; and
        (3) in the third fiscal year the State receives a grant, 25
      percent of the cost of implementing in such fiscal year such
      traffic safety program.

      (e) Maximum Aggregate Amount of Grants. - The aggregate amount of
    grants made to a State under this section shall not exceed 90
    percent of the amount apportioned to such State for fiscal year
    1990 under section 402.
      (f) Eligibility for Grants. - 
        (1) General rule. - A State is eligible in a fiscal year for a
      grant under this section only if the State enters into such
      agreements with the Secretary as the Secretary may require to
      ensure that the State implements in such fiscal year a traffic
      safety program described in subsection (b).
        (2) Second-year grants. - A State is eligible for a grant under
      this section in a fiscal year succeeding the first fiscal year in
      which a State receives a grant under this section only if the
      State in the preceding fiscal year - 
          (A) had in effect at all times a State law described in
        subsection (a)(1) and achieved a rate of compliance with such
        law of not less than 75 percent; and
          (B) had in effect at all times a State law described in
        subsection (a)(2) and achieved a rate of compliance with such
        law of not less than 50 percent.

        (3) Third-year grants. - A State is eligible for a grant under
      this section in a fiscal year succeeding the second fiscal year
      in which a State receives a grant under this section only if the
      State in the preceding fiscal year - 
          (A) had in effect at all times a State law described in
        subsection (a)(1) and achieved a rate of compliance with such
        law of not less than 85 percent; and
          (B) had in effect at all times a State law described in
        subsection (a)(2) and achieved a rate of compliance with such
        law of not less than 70 percent.

      (g) Measurements of Rates of Compliance. - For the purposes of
    subsections (f)(2) and (f)(3), a State shall measure compliance
    with State laws described in subsection (a) using methods which
    conform to guidelines issued by the Secretary ensuring that such
    measurements are accurate and representative.
      (h) Penalty. - 
        (1) Fiscal year 1994. - If, at any time in fiscal year 1994, a
      State does not have in effect a law described in subsection
      (a)(2), the Secretary shall transfer 1 1/2  percent of the funds
      apportioned to the State for fiscal year 1995 under each of
      subsections (b)(1), (b)(2), and (b)(3) of section 104 of this
      title to the apportionment of the State under section 402 of this
      title.
        (2) Thereafter. - If, at any time in a fiscal year beginning
      after September 30, 1994, a State does not have in effect a law
      described in subsection (a)(2), the Secretary shall transfer 3
      percent of the funds apportioned to the State for the succeeding
      fiscal year under each of subsections (b)(1), (b)(2), and (b)(3)
      of section 104 of this title to the apportionment of the State
      under section 402 of this title.
        (3) Federal share. - The Federal share of the cost of any
      project carried out under section 402 with funds transferred to
      the apportionment of section 402 shall be 100 percent.
        (4) Transfer of obligation authority. - If the Secretary
      transfers under this subsection any funds to the apportionment of
      a State under section 402 for a fiscal year, the Secretary shall
      allocate an amount of obligation authority distributed for such
      fiscal year to the State for Federal-aid highways and highway
      safety construction programs for carrying out only projects under
      section 402 which is determined by multiplying - 
          (A) the amount of funds transferred to the apportionment of
        section 402 of the State under section 402 for such fiscal
        year; by
          (B) the ratio of the amount of obligation authority
        distributed for such fiscal year to the State for Federal-aid
        highways and highway safety construction programs to the total
        of the sums apportioned to the State for Federal-aid highways
        and highway safety construction (excluding sums not subject to
        any obligation limitation) for such fiscal year.

        (5) Limitation on applicability of highway safety obligations. -
       Notwithstanding any other provision of law, no limitation on
      the total of obligations for highway safety programs carried out
      by the Federal Highway Administration under section 402 shall
      apply to funds transferred under this subsection to the
      apportionment of section 402.

      (i) Definitions. - For the purposes of this section, the
    following definitions apply:
        (1) Motorcycle. - The term "motorcycle" means a motor vehicle
      which is designed to travel on not more than 3 wheels in contact
      with the surface.
        (2) Motor vehicle. - The term "motor vehicle" has the meaning
      such term has under section 154 (!1) of this title.

        (3) Passenger vehicle. - The term "passenger vehicle" means a
      motor vehicle which is designed for transporting 10 individuals
      or less, including the driver, except that such term does not
      include a vehicle which is constructed on a truck chassis, a
      motorcycle, a trailer, or any motor vehicle which is not required
      on the date of the enactment of this section under a Federal
      motor vehicle safety standard to be equipped with a belt system.
        (4) Safety belt. - The term "safety belt" means - 
          (A) with respect to open-body passenger vehicles, including
        convertibles, an occupant restraint system consisting of a lap
        belt or a lap belt and a detachable shoulder belt; and
          (B) with respect to other passenger vehicles, an occupant
        restraint system consisting of integrated lap shoulder belts.

      (j) Authorization of Appropriations. - There is authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass
    Transit Account) to carry out this section $17,000,000 for fiscal
    year 1992. From sums made available to carry out section 402 of
    this title, the Secretary shall make available $17,000,000 for
    fiscal year 1992 and $24,000,000 for each of fiscal years 1993 and
    1994 to carry out this section.
      (k) Applicability of Chapter 1 Provisions. - All provisions of
    this chapter that are applicable to National Highway System funds,
    other than provisions relating to the apportionment formula and
    provisions limiting the expenditures of such funds to Federal-aid
    systems, shall apply to funds authorized to be appropriated to
    carry out this section, except as determined by the Secretary to be
    inconsistent with this section and except that sums authorized by
    this section shall remain available until expended.

-SOURCE-
    (Added Pub. L. 102-240, title I, Sec. 1031(a)(1), Dec. 18, 1991,
    105 Stat. 1970; amended Pub. L. 104-59, title II, Sec. 205(e), Nov.
    28, 1995, 109 Stat. 577.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of this section, referred to in
    subsecs. (c) and (i)(3), is the date of enactment of Pub. L. 102-
    240, which was approved Dec. 18, 1991.
      Section 154 of this title, referred to in subsec. (i)(2), was
    repealed by Pub. L. 104-59, title II, Sec. 205(d)(1)(B), Nov. 28,
    1995, 109 Stat. 577.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 153, added Pub. L. 93-87, title II, Sec. 210(a),
    Aug. 13, 1973, 87 Stat. 287; amended Pub. L. 94-280, title I, Sec.
    131, May 5, 1976, 90 Stat. 441, related to a program for the
    elimination of roadside obstacles, prior to repeal by Pub. L. 95-
    599, title I, Sec. 168(b), Nov. 6, 1978, 92 Stat. 2723.

                                AMENDMENTS                            
      1995 - Subsec. (h)(1), (2). Pub. L. 104-59 struck out "a law
    described in subsection (a)(1) and" after "have in effect".

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Section 205(e) of Pub. L. 104-59 provided that the amendment made
    by that section is effective Sept. 30, 1995.

                              EFFECTIVE DATE                          
      Section effective Dec. 18, 1991, and applicable to funds
    authorized to be appropriated or made available after Sept. 30,
    1991, and, with certain exceptions, not applicable to funds
    appropriated or made available on or before Sept. 30, 1991, see
    section 1100 of Pub. L. 102-240, set out as an Effective Date of
    1991 Amendment note under section 104 of this title.

        STUDY OF BENEFITS OF SAFETY BELTS AND MOTORCYCLE HELMETS TO
                      INDIVIDUALS INVOLVED IN CRASHES
      Section 1031(b) of Pub. L. 102-240 provided that:
      "(1) In general. - The Secretary shall conduct a study or studies
    to determine the benefits of safety belt use and motorcycle helmet
    use for individuals involved in motor vehicle crashes and
    motorcycle crashes, collecting and analyzing data from regional
    trauma systems regarding differences in the following: the severity
    of injuries; acute, rehabilitative and long-term medical costs,
    including the sources of reimbursement and the extent to which
    these sources cover actual costs; government, employer, and other
    costs; and mortality and morbidity outcomes. The study shall cover
    a representative period after January 1, 1990.
      "(2) Report. - The Secretary shall make public a proposed report
    on the results of the study or studies conducted under this
    subsection, provide a period of 90 days for public comment on such
    report, consider such comments, and transmit to Congress a report
    on the results of such study or studies, together with a summary of
    such comments, not later than 40 months after the funds for such
    study are made available by the Secretary.
      "(3) Funding. - Of the amounts authorized to be appropriated for
    fiscal year 1992 or 1993 (or both) to carry out section 153 of
    title 23, United States Code, the Secretary shall make available
    $5,000,000 in the aggregate in such fiscal years to carry out this
    subsection. Such funds shall remain available until expended."

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


-End-



-CITE-
    23 USC Sec. 154                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 154. Open container requirements

-STATUTE-
      (a) Definitions. - In this section, the following definitions
    apply:
        (1) Alcoholic beverage. - The term "alcoholic beverage" has the
      meaning given the term in section 158(c).
        (2) Motor vehicle. - The term "motor vehicle" means a vehicle
      driven or drawn by mechanical power and manufactured primarily
      for use on public highways, but does not include a vehicle
      operated exclusively on a rail or rails.
        (3) Open alcoholic beverage container. - The term "open
      alcoholic beverage container" means any bottle, can, or other
      receptacle - 
          (A) that contains any amount of alcoholic beverage; and
          (B)(i) that is open or has a broken seal; or
          (ii) the contents of which are partially removed.

        (4) Passenger area. - The term "passenger area" shall have the
      meaning given the term by the Secretary by regulation.

      (b) Open Container Laws. - 
        (1) In general. - For the purposes of this section, each State
      shall have in effect a law that prohibits the possession of any
      open alcoholic beverage container, or the consumption of any
      alcoholic beverage, in the passenger area of any motor vehicle
      (including possession or consumption by the driver of the
      vehicle) located on a public highway, or the right-of-way of a
      public highway, in the State.
        (2) Motor vehicles designed to transport many passengers. - For
      the purposes of this section, if a State has in effect a law that
      makes unlawful the possession of any open alcoholic beverage
      container by the driver (but not by a passenger) - 
          (A) in the passenger area of a motor vehicle designed,
        maintained, or used primarily for the transportation of persons
        for compensation; or
          (B) in the living quarters of a house coach or house trailer,

      the State shall be deemed to have in effect a law described in
      this subsection with respect to such a motor vehicle for each
      fiscal year during which the law is in effect.

      (c) Transfer of Funds. - 
        (1) Fiscal years 2001 and 2002. - On October 1, 2000, and
      October 1, 2001, if a State has not enacted or is not enforcing
      an open container law described in subsection (b), the Secretary
      shall transfer an amount equal to 1 1/2  percent of the funds
      apportioned to the State on that date under each of paragraphs
      (1), (3), and (4) of section 104(b) to the apportionment of the
      State under section 402 - 
          (A) to be used for alcohol-impaired driving countermeasures;
        or
          (B) to be directed to State and local law enforcement
        agencies for enforcement of laws prohibiting driving while
        intoxicated or driving under the influence and other related
        laws (including regulations), including the purchase of
        equipment, the training of officers, and the use of additional
        personnel for specific alcohol-impaired driving
        countermeasures, dedicated to enforcement of the laws
        (including regulations).

        (2) Fiscal year 2003 and fiscal years thereafter. - On October
      1, 2002, and each October 1 thereafter, if a State has not
      enacted or is not enforcing an open container law described in
      subsection (b), the Secretary shall transfer an amount equal to 3
      percent of the funds apportioned to the State on that date under
      each of paragraphs (1), (3), and (4) of section 104(b) to the
      apportionment of the State under section 402 to be used or
      directed as described in subparagraph (A) or (B) of paragraph
      (1).
        (3) Use for hazard elimination program. - A State may elect to
      use all or a portion of the funds transferred under paragraph (1)
      or (2) for activities eligible under section 148.
        (4) Federal share. - The Federal share of the cost of a project
      carried out with funds transferred under paragraph (1) or (2), or
      used under paragraph (3), shall be 100 percent.
        (5) Derivation of amount to be transferred. - The amount to be
      transferred under paragraph (1) or (2) may be derived from one or
      more of the following:
          (A) The apportionment of the State under section 104(b)(1).
          (B) The apportionment of the State under section 104(b)(3).
          (C) The apportionment of the State under section 104(b)(4).

        (6) Transfer of obligation authority. - 
          (A) In general. - If the Secretary transfers under this
        subsection any funds to the apportionment of a State under
        section 402 for a fiscal year, the Secretary shall transfer an
        amount, determined under subparagraph (B), of obligation
        authority distributed for the fiscal year to the State for
        Federal-aid highways and highway safety construction programs
        for carrying out projects under section 402.
          (B) Amount. - The amount of obligation authority referred to
        in subparagraph (A) shall be determined by multiplying - 
            (i) the amount of funds transferred under subparagraph (A)
          to the apportionment of the State under section 402 for the
          fiscal year, by
            (ii) the ratio that - 
              (I) the amount of obligation authority distributed for
            the fiscal year to the State for Federal-aid highways and
            highway safety construction programs, bears to
              (II) the total of the sums apportioned to the State for
            Federal-aid highways and highway safety construction
            programs (excluding sums not subject to any obligation
            limitation) for the fiscal year.

        (7) Limitation on applicability of obligation limitation. -
      Notwithstanding any other provision of law, no limitation on the
      total of obligations for highway safety programs under section
      402 shall apply to funds transferred under this subsection to the
      apportionment of a State under such section.

-SOURCE-
    (Added Pub. L. 105-178, title I, Sec. 1405(a), as added Pub. L. 105-
    206, title IX, Sec. 9005(a), July 22, 1998, 112 Stat. 843; amended
    Pub. L. 109-59, title I, Sec. 1401(a)(3)(C), Aug. 10, 2005, 119
    Stat. 1225.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 154, added Pub. L. 93-643, Sec. 114(a), Jan. 4,
    1975, 88 Stat. 2286; amended Pub. L. 95-599, title II, Sec. 205,
    Nov. 6, 1978, 92 Stat. 2729; Pub. L. 97-35, title XI, Sec. 1108,
    Aug. 13, 1981, 95 Stat. 626; Pub. L. 100-17, title I, Sec. 174,
    Apr. 2, 1987, 101 Stat. 218; Pub. L. 102-240, title I, Sec.
    1029(a), (b), (e), (g), Dec. 18, 1991, 105 Stat. 1968-1970,
    established the national maximum speed limit, prior to repeal by
    Pub. L. 104-59, title II, Sec. 205(d)(1)(B), (3), Nov. 28, 1995,
    109 Stat. 577, applicable to State on 10th day following Nov. 28,
    1995, except that if legislature was not in session on such date
    and chief executive officer declared before such date that
    legislature was not in session and that State preferred
    applicability date that was after date on which legislature would
    convene, applicable to State on 60th day following date on which
    legislature would next convene.

                                AMENDMENTS                            
      2005 - Subsec. (c)(3). Pub. L. 109-59 substituted "148" for
    "152".

                              EFFECTIVE DATE                          
      Section effective simultaneously with enactment of Pub. L. 105-
    178 and to be treated as included in Pub. L. 105-178 at time of
    enactment, see section 9016 of Pub. L. 105-206, set out as an
    Effective Date of 1998 Amendment note under section 101 of this
    title.

-End-



-CITE-
    23 USC Sec. 155                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 155. Access highways to public recreation areas on certain
      lakes

-STATUTE-
      (a) The Secretary is authorized to construct or reconstruct
    access highways to public recreation areas on lakes in order to
    accommodate present and projected traffic density. The Secretary
    shall develop guidelines and standards for the designation of
    routes and the allocation of funds for the purpose of this section
    which shall include the following criteria:
        (1) No portion of any access highway constructed or
      reconstructed under this section shall exceed thirty-five miles
      in length nor shall any portion of such highway be located more
      than thirty-five miles from the nearest part of such recreation
      area.
        (2) Routes shall be designated by the Secretary on the
      recommendation of the State and responsible local officials,
      after consultation with the head of the Federal agency (if any)
      having jurisdiction over the public recreation area involved.

      (b) The Federal share payable on account of any project
    authorized pursuant to this section shall not exceed 75 per centum
    of the cost of construction or reconstruction of such project.
      (c) All of the provisions of this title applicable to highways on
    the Federal-aid system (other than the Interstate System)
    determined appropriate by the Secretary, except those provisions
    which the Secretary determines are inconsistent with this section,
    shall apply to any highway designated under this section which is
    not a part of the Federal-aid system when so designated.
      (d) For the purpose of this section the term "lake" means any
    lake, reservoir, pool, or other body of water resulting from the
    construction of any lock, dam, or similar structure by the Corps of
    Engineers, Department of the Army, or the Bureau of Reclamation,
    Department of the Interior, or the Tennessee Valley Authority, and
    any multipurpose lake resulting from construction assistance of the
    Soil Conservation Service, Department of Agriculture. This section
    shall apply to lakes heretofore or hereafter constructed or
    authorized for construction.
      (e) There is authorized to be appropriated not to exceed
    $25,000,000 for the fiscal year 1976 to carry out this section.
    Amounts authorized by this subsection for a fiscal year shall be
    available for that fiscal year and for the two succeeding fiscal
    years.

-SOURCE-
    (Added Pub. L. 93-643, Sec. 115(a), Jan. 4, 1975, 88 Stat. 2287;
    amended Pub. L. 95-599, title I, Sec. 129(e), Nov. 6, 1978, 92
    Stat. 2708.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (b). Pub. L. 95-599 substituted "75 per centum"
    for "70 per centum".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-599 effective with respect to obligations
    incurred after Nov. 6, 1978, see section 129(h) of Pub. L. 95-599,
    set out as a note under section 120 of this title.

        APPROPRIATIONS; RESCISSION OF APPROPRIATIONS AUTHORIZATION    
      Pub. L. 94-134, title I, Sec. 101, Nov. 24, 1975, 89 Stat. 703,
    appropriated in part: "For necessary expenses not otherwise
    provided, to carry out the provisions of section 115(a), 'Federal-
    Aid Highway Amendments of 1974 [this section]'; $10,000,000, to
    remain available until September 30 1978: Provided, That any
    authority to incur obligations granted by section 115 of the
    Federal-Aid Highway Amendments of 1974 [subsec. (e) of this
    section] is hereby rescinded."

-End-



-CITE-
    23 USC Sec. 156                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 156. Proceeds from the sale or lease of real property

-STATUTE-
      (a) Minimum Charge. - Subject to section 142(f), a State shall
    charge, at a minimum, fair market value for the sale, use, lease,
    or lease renewal (other than for utility use and occupancy or for a
    transportation project eligible for assistance under this title) of
    real property acquired with Federal assistance made available from
    the Highway Trust Fund (other than the Mass Transit Account).
      (b) Exceptions. - The Secretary may grant an exception to the
    requirement of subsection (a) for a social, environmental, or
    economic purpose.
      (c) Use of Federal Share of Income. - The Federal share of net
    income from the revenues obtained by a State under subsection (a)
    shall be used by the State for projects eligible under this title.

-SOURCE-
    (Added Pub. L. 100-17, title I, Sec. 126(a), Apr. 2, 1987, 101
    Stat. 167; amended Pub. L. 102-240, title I, Sec. 1027(f), Dec. 18,
    1991, 105 Stat. 1967; Pub. L. 105-178, title I, Sec. 1303(a), June
    9, 1998, 112 Stat. 227.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 156, added Pub. L. 94-280, title I, Sec. 132(a),
    May 5, 1976, 90 Stat. 441, authorized the Secretary to construct or
    reconstruct any public highway or highway bridge across any Federal
    public works project, specified conditions under which such work
    may be done, and authorized appropriations for such work of
    $100,000,000 to be available in the fiscal year in which
    appropriated and for the two succeeding fiscal years, prior to
    repeal by Pub. L. 100-17, title I, Sec. 126(a), Apr. 2, 1987, 101
    Stat. 167.

                                AMENDMENTS                            
      1998 - Pub. L. 105-178 amended section catchline and text
    generally. Prior to amendment, text read as follows: "Subject to
    section 142(f), States shall charge, as a minimum, fair market
    value, with exceptions granted at the discretion of the Secretary
    for social, environmental, and economic mitigation purposes, for
    the sale, use, lease, or lease renewals (other than for utility use
    and occupancy or for transportation projects eligible for
    assistance under this title) of right-of-way airspace acquired as a
    result of a project funded in whole or in part with Federal
    assistance made available from the Highway Trust Fund (other than
    the Mass Transit Account). This section applies to new airspace
    usage proposals, renewals of prior agreements, arrangements, or
    leases entered into by the State after the date of the enactment of
    the Federal-Aid Highway Act of 1987. The Federal share of net
    income from the revenues obtained by the State for sales, uses, or
    leases (including lease renewals) under this section shall be used
    by the State for projects eligible under this title."
      1991 - Pub. L. 102-240 substituted "Subject to section 142(f),
    States shall" for "States shall".

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

-End-



-CITE-
    23 USC Sec. 157                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 157. Safety incentive grants for use of seat belts

-STATUTE-
      (a) Definitions. - In this section, the following definitions
    apply:
        (1) Motor vehicle. - The term "motor vehicle" means a vehicle
      driven or drawn by mechanical power and manufactured primarily
      for use on public highways, but does not include a vehicle
      operated solely on a rail line.
        (2) Multipurpose passenger motor vehicle. - The term
      "multipurpose passenger motor vehicle" means a motor vehicle with
      motive power (except a trailer), designed to carry not more than
      10 individuals, that is constructed on a truck chassis or is
      constructed with special features for occasional off-road
      operation.
        (3) National average seat belt use rate. - The term "national
      average seat belt use rate" means, in the case of each of
      calendar years 1996 through 2003, the national average seat belt
      use rate for that year, as determined by the Secretary.
        (4) Passenger car. - The term "passenger car" means a motor
      vehicle with motive power (except a multipurpose passenger motor
      vehicle, motorcycle, or trailer) designed to carry not more than
      10 individuals.
        (5) Passenger motor vehicle. - The term "passenger motor
      vehicle" means a passenger car or a multipurpose passenger motor
      vehicle.
        (6) Savings to the federal government. - The term "savings to
      the Federal Government" means the amount of Federal budget
      savings relating to Federal medical costs (including savings
      under the medicare and medicaid programs under titles XVIII and
      XIX of the Social Security Act (42 U.S.C. 1395 et seq.)), as
      determined by the Secretary.
        (7) Seat belt. - The term "seat belt" means - 
          (A) with respect to an open-body passenger motor vehicle,
        including a convertible, an occupant restraint system
        consisting of a lap belt or a lap belt and a detachable
        shoulder belt; and
          (B) with respect to any other passenger motor vehicle, an
        occupant restraint system consisting of integrated lap and
        shoulder belts.

        (8) State seat belt use rate. - The term "State seat belt use
      rate" means the rate of use of seat belts in passenger motor
      vehicles in a State, as measured and submitted to the Secretary -
      
          (A) for each of calendar years 1996 and 1997, by the State,
        as weighted by the Secretary to ensure national consistency in
        methods of measurement (as determined by the Secretary); and
          (B) for each of calendar years 1998 through 2003, by the
        State in a manner consistent with the criteria established by
        the Secretary under subsection (e).

      (b) Determinations by the Secretary. - Not later than September
    1, 1998, and September 1 of each calendar year thereafter through
    September 1, 2005, the Secretary shall determine - 
        (1)(A) which States had, for each of the previous calendar
      years (in this subsection referred to as the "previous calendar
      year") and the year preceding the previous calendar year, a State
      seat belt use rate greater than the national average seat belt
      use rate for that year; and
        (B) in the case of each State described in subparagraph (A),
      the amount that is equal to the savings to the Federal Government
      due to the amount by which the State seat belt use rate for the
      previous calendar year exceeds the national average seat belt use
      rate for that year; and
        (2) in the case of each State that is not a State described in
      paragraph (1)(A) - 
          (A) the base seat belt use rate of the State, which shall be
        equal to the highest State seat belt use rate for the State for
        any calendar year during the period of 1996 through the
        calendar year preceding the previous calendar year; and
          (B) the amount that is equal to the savings to the Federal
        Government due to any increase in the State seat belt use rate
        for the previous calendar year over the base seat belt use rate
        determined under subparagraph (A).

      (c) Allocations. - 
        (1) States with greater than the national average seat belt use
      rate. - Not later than October 1, 1998, and each October 1
      thereafter through October 1, 2004, the Secretary shall allocate
      to each State described in subsection (b)(1)(A) an amount equal
      to the amount determined for the State under subsection
      (b)(1)(B).
        (2) Other states. - Not later than October 1, 1998, and each
      October 1 thereafter through October 1, 2004, the Secretary shall
      allocate to each State described in subsection (b)(2) an amount
      equal to the amount determined for the State under subsection
      (b)(2)(B).

      (d) Use of Amounts. - For each fiscal year, each State that is
    allocated an amount under this section shall use the amount for
    projects eligible for assistance under this title.
      (e) Criteria. - Not later than 180 days after the date of
    enactment of this section, the Secretary shall establish criteria
    for the measurement of State seat belt use rates by States to
    ensure that the measurements are accurate and representative.
      (f) Innovative Seat Belt Project Allocations. - 
        (1) In general. - The Secretary shall use amounts made
      available under subsection (g)(3) to make allocations to States
      to carry out innovative projects to promote increased seat belt
      use rates.
        (2) Determination of eligibility. - To be eligible to receive
      an allocation under this subsection for a fiscal year, a State
      shall - 
          (A) develop a plan for innovative projects described in
        paragraph (1); and
          (B) submit the plan to the Secretary not later than March 1
        of the fiscal year.

        (3) Plan selection. - 
          (A) Criteria. - Not later than December 1, 1998, the
        Secretary shall establish criteria for the selection of State
        plans for allocations under this subsection.
          (B) Selection. - The Secretary shall select State plans for
        allocations under this subsection in accordance with the
        criteria established under subparagraph (A).
          (C) States. - In carrying out this paragraph, the Secretary
        shall ensure, to the maximum extent practicable, demographic
        and geographic diversity and a diversity of seat belt use rates
        among the States selected for allocations.

        (4) Allocation. - Not later than October 1, 1999, and each
      October 1 thereafter through October 1, 2004, the Secretary shall
      allocate funds to the States whose plans were selected under
      paragraph (3).
        (5) Amount of allocations. - Subject to the availability of
      unallocated amounts under subsection (g)(3), the amount of each
      allocation to a State under this subsection shall be not less
      than $100,000 for each fiscal year that is covered by a State
      plan.
        (6) Use of allocations. - An allocation to a State under this
      subsection shall be used to carry out the innovative seat belt
      projects described in the State plan for which the allocation is
      awarded.
        (7) Federal share. - The Federal share of the cost of an
      innovative seat belt project under this section shall be 100
      percent.
        (8) Period of availability. - Amounts allocated to a State
      under this subsection shall remain available for obligation in
      the State for a period of 3 years after the last day of the
      fiscal year for which the amounts are allocated.

      (g) Funding. - 
        (1) In general. - There is authorized to be appropriated from
      the Highway Trust Fund (other than the Mass Transit Account) to
      carry out this section $82,000,000 for fiscal year 1999,
      $92,000,000 for fiscal year 2000, $102,000,000 for fiscal year
      2001, $112,000,000 for fiscal year 2002, $112,000,000 for fiscal
      year 2003, $112,000,000 for fiscal year 2004, and $112,000,000
      for fiscal year 2005.
        (2) Proportionate adjustment. - If the total amounts to be
      allocated under subsection (c) for any fiscal year would exceed
      the amounts authorized for the fiscal year under paragraph (1),
      the allocation to each State under subsection (c) shall be
      reduced proportionately.
        (3) Use of unallocated funds. - 
          (A) Fiscal year 1999. - To the extent that the amounts made
        available for fiscal year 1999 under paragraph (1) exceed the
        total amounts to be allocated under subsection (c) for fiscal
        year 1999, the excess amounts - 
            (i) shall be apportioned in accordance with section
          104(b)(3);
            (ii) shall be considered to be sums made available for
          expenditure on the surface transportation program, except
          that the amounts shall not be subject to section 133(d); and
            (iii) shall be available for any purpose eligible for
          funding under section 133.

          (B) Fiscal years 2000 through 2005. - To the extent that the
        amounts made available for any of fiscal years 2000 through
        2005 under paragraph (1) exceed the total amounts to be
        allocated under subsection (c) for the fiscal year, the excess
        amounts shall be used to make allocations under subsection (f).

-SOURCE-
    (Added Pub. L. 105-178, title I, Sec. 1403(a), June 9, 1998, 112
    Stat. 237; amended Pub. L. 108-88, Sec. 6(a)(1), Sept. 30, 2003,
    117 Stat. 1119; Pub. L. 108-202, Sec. 6(a), Feb. 29, 2004, 118
    Stat. 483; Pub. L. 108-224, Sec. 5(a), Apr. 30, 2004, 118 Stat.
    632; Pub. L. 108-263, Sec. 5(a), June 30, 2004, 118 Stat. 703; Pub.
    L. 108-280, Sec. 5(a), July 30, 2004, 118 Stat. 881; Pub. L. 108-
    310, Sec. 6(a)(1), Sept. 30, 2004, 118 Stat. 1152; Pub. L. 109-14,
    Sec. 5(a)(1), May 31, 2005, 119 Stat. 329; Pub. L. 109-20, Sec.
    5(a)(1), July 1, 2005, 119 Stat. 351; Pub. L. 109-35, Sec. 5(a)(1),
    July 20, 2005, 119 Stat. 384; Pub. L. 109-37, Sec. 5(a)(1), July
    22, 2005, 119 Stat. 399; Pub. L. 109-40, Sec. 5(a)(1), July 28,
    2005, 119 Stat. 415; Pub. L. 109-59, title I, Sec. 1406, Aug. 10,
    2005, 119 Stat. 1231.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (a)(6), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and
    XIX of the Social Security Act are classified generally to
    subchapters XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.)
    of chapter 7 of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see section 1305
    of Title 42 and Tables.
      The date of enactment of this section, referred to in subsec.
    (e), is the date of enactment of Pub. L. 105-178, which was
    approved June 9, 1998.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 157, added Pub. L. 97-424, title I, Sec. 150(a),
    Jan. 6, 1983, 96 Stat. 2131; amended Pub. L. 99-272, title IV, Sec.
    4102(f), Apr. 7, 1986, 100 Stat. 113; Pub. L. 100-17, title I,
    Secs. 105(h), 124, Apr. 2, 1987, 101 Stat. 144, 164; Pub. L. 102-
    240, title I, Secs. 1002(h), 1013(a), (b), Dec. 18, 1991, 105
    Stat. 1918, 1940; Pub. L. 103-272, Sec. 5(f)(3), July 5, 1994, 108
    Stat. 1374, related to minimum allocations to States, prior to
    repeal by Pub. L. 105-178, title I, Sec. 1403(a), June 9, 1998, 112
    Stat. 237.

                                AMENDMENTS                            
      2005 - Subsec. (g)(1). Pub. L. 109-59 substituted "2004, and
    $112,000,000 for fiscal year 2005" for "2004, and $92,975,342 for
    the period of October 1, 2004, through July 30, 2005".
      Pub. L. 109-40 substituted "$92,975,342 for the period of October
    1, 2004, through July 30, 2005" for "$92,054,794 for the period of
    October 1, 2004, through July 27, 2005".
      Pub. L. 109-37 substituted "$92,054,794 for the period of October
    1, 2004, through July 27, 2005" for "$90,720,000 for the period of
    October 1, 2004, through July 21, 2005".
      Pub. L. 109-35 substituted "$90,720,000 for the period of October
    1, 2004, through July 21, 2005" for "$89,600,000 for the period of
    October 1, 2004, through July 19, 2005".
      Pub. L. 109-20 substituted "$89,600,000 for the period of October
    1, 2004, through July 19, 2005" for "$84,000,000 for the period of
    October 1, 2004, through June 30, 2005".
      Pub. L. 109-14 substituted "$84,000,000 for the period of October
    1, 2004, through June 30, 2005" for "$74,666,667 for the period of
    October 1, 2004, through May 31, 2005".
      2004 - Subsec. (a)(3), (8)(B). Pub. L. 108-310, Sec. 6(a)(1)(A),
    (B), substituted "2003" for "2002".
      Subsec. (b). Pub. L. 108-310, Sec. 6(a)(1)(C), substituted "2005"
    for "2003" in introductory provisions.
      Subsecs. (c)(1), (2), (f)(4). Pub. L. 108-310, Sec. 6(a)(1)(D)-
    (F), substituted "2004" for "2003".
      Subsec. (g)(1). Pub. L. 108-310, Sec. 6(a)(1)(G), struck out
    "and" after "2003," and inserted ", and $74,666,667 for the period
    of October 1, 2004, through May 31, 2005" before period at end.
      Pub. L. 108-280 substituted "$112,000,000 for fiscal year 2004"
    for "$93,333,333 for the period of October 1, 2003, through July
    31, 2004".
      Pub. L. 108-263 substituted "$93,333,333 for the period of
    October 1, 2003, through July 31, 2004" for "$84,000,000 for the
    period of October 1, 2003, through June 30, 2004".
      Pub. L. 108-224 substituted "$84,000,000 for the period of
    October 1, 2003, through June 30, 2004" for "$65,333,333 for the
    period of October 1, 2003, through April 30, 2004".
      Pub. L. 108-202 substituted "$65,333,333 for the period of
    October 1, 2003, through April 30, 2004" for "$46,666,667 for the
    period of October 1, 2003, through February 29, 2004".
      Subsec. (g)(3)(B). Pub. L. 108-310, Sec. 6(a)(1)(H), (I),
    substituted "2005" for "2004" in heading and text.
      2003 - Subsec. (a)(3), (8)(B). Pub. L. 108-88, Sec. 6(a)(1)(A),
    (B), substituted "2002" for "2001".
      Subsec. (b). Pub. L. 108-88, Sec. 6(a)(1)(C), substituted "2003"
    for "2002" in introductory provisions.
      Subsecs. (c)(1), (2), (f)(4). Pub. L. 108-88, Sec. 6(a)(1)(D)-
    (F), substituted "2003" for "2002".
      Subsec. (g)(1). Pub. L. 108-88, Sec. 6(a)(1)(G), struck out "and"
    after "2002," and inserted before period at end ", and $46,666,667
    for the period of October 1, 2003, through February 29, 2004".
      Subsec. (g)(3)(B). Pub. L. 108-88, Sec. 6(a)(1)(H), (I),
    substituted "2004" for "2003" in heading and text.

                              SAVINGS CLAUSE                          
      Pub. L. 105-178, title I, Sec. 1403(c), June 9, 1998, 112 Stat.
    240, provided that: "The amendment made by subsection (a) [enacting
    this section and repealing former section 157 of this title] shall
    not affect any funds apportioned or allocated before the date of
    enactment of this Act [June 9, 1998]."

-End-



-CITE-
    23 USC Sec. 158                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 158. National minimum drinking age

-STATUTE-
      (a) Withholding of Funds for Noncompliance. - 
        (1) In general. - The Secretary shall withhold 10 per centum of
      the amount required to be apportioned to any State under each of
      sections 104(b)(1), 104(b)(3), and 104(b)(4) of this title on the
      first day of each fiscal year after the second fiscal year
      beginning after September 30, 1985, in which the purchase or
      public possession in such State of any alcoholic beverage by a
      person who is less than twenty-one years of age is lawful.
        (2) State grandfather law as complying. - If, before the later
      of (A) October 1, 1986, or (B) the tenth day following the last
      day of the first session the legislature of a State convenes
      after the date of the enactment of this paragraph, such State has
      in effect a law which makes unlawful the purchase and public
      possession in such State of any alcoholic beverage by a person
      who is less than 21 years of age (other than any person who is 18
      years of age or older on the day preceding the effective date of
      such law and at such time could lawfully purchase or publicly
      possess any alcoholic beverage in such State), such State shall
      be deemed to be in compliance with paragraph (1) in each fiscal
      year in which such law is in effect.

      (b) Effect of Withholding of Funds. - No funds withheld under
    this section from apportionment to any State after September 30,
    1988, shall be available for apportionment to that State.
      (c) Alcoholic Beverage Defined. - As used in this section, the
    term "alcoholic beverage" means - 
        (1) beer as defined in section 5052(a) of the Internal Revenue
      Code of 1986,
        (2) wine of not less than one-half of 1 per centum of alcohol
      by volume, or
        (3) distilled spirits as defined in section 5002(a)(8) of such
      Code.

-SOURCE-
    (Added Pub. L. 98-363, Sec. 6(a), July 17, 1984, 98 Stat. 437;
    amended Pub. L. 99-272, title IV, Sec. 4104, Apr. 7, 1986, 100
    Stat. 114; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
    Pub. L. 105-178, title I, Sec. 1103(l)(2), June 9, 1998, 112 Stat.
    125.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of this paragraph, referred to in
    subsec. (a)(2), is the date of enactment of Pub. L. 99-272, which
    was approved Apr. 7, 1986.
      The Internal Revenue Code of 1986, referred to in subsec. (c), is
    set out in Title 26, Internal Revenue Code.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(1). Pub. L. 105-178, Sec. 1103(l)(2)(A)(i)-
    (iii), redesignated par. (2) as (1), substituted "In general" for
    "After the first year" in heading and "104(b)(3), and 104(b)(4)"
    for "104(b)(2), 104(b)(5), and 104(b)(6)" in text, and struck out
    former par. (1) which read as follows:
      "(1) First year. - The Secretary shall withhold 5 per centum of
    the amount required to be apportioned to any State under each of
    sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of this
    title on the first day of the fiscal year succeeding the first
    fiscal year beginning after September 30, 1985, in which the
    purchase or public possession in such State of any alcoholic
    beverage by a person who is less than twenty-one years of age is
    lawful."
      Subsec. (a)(2), (3). Pub. L. 105-178, Sec. 1103(l)(2)(A)(ii),
    (iv), redesignated par. (3) as (2) and substituted "paragraph (1)"
    for "paragraphs (1) and (2) of this subsection". Former par. (2)
    redesignated (1).
      Subsec. (b). Pub. L. 105-178, Sec. 1103(l)(2)(B), added subsec.
    (b) and struck out heading and text of former subsec. (b) which
    related to period of availability for apportionment to State of
    funds withheld by the Secretary pending State enactment of
    federally-prescribed minimum drinking age.
      1986 - Subsec. (a). Pub. L. 99-272, Sec. 4104(d)(1), added
    subsection heading.
      Subsec. (a)(1). Pub. L. 99-272, Sec. 4104(d)(2)-(4), added
    paragraph heading, aligned margins, and inserted "first" before
    "fiscal year beginning".
      Subsec. (a)(2). Pub. L. 99-272, Sec. 4104(a), (d)(3), (5), added
    paragraph heading, realigned margins, and substituted "each fiscal
    year after" for "the fiscal year succeeding".
      Subsec. (a)(3). Pub. L. 99-272, Sec. 4104(b), added par. (3).
      Subsec. (b). Pub. L. 99-272, Sec. 4104(c), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "The
    Secretary shall promptly apportion to a State any funds which have
    been withheld from apportionment under subsection (a) of this
    section in fiscal year if in any succeeding fiscal year such State
    makes unlawful the purchase or public possession of any alcoholic
    beverage by a person who is less than twenty-one years of age."
      Subsec. (c). Pub. L. 99-272, Sec. 4104(d)(6), added subsection
    heading.
      Subsec. (c)(1). Pub. L. 99-514 substituted "Internal Revenue Code
    of 1986" for "Internal Revenue Code of 1954".

-End-



-CITE-
    23 USC Sec. 159                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 159. Revocation or suspension of drivers' licenses of
      individuals convicted of drug offenses

-STATUTE-
      (a) Withholding of Apportionments for Noncompliance. - 
        (1) Beginning in fiscal year 1994. - For each fiscal year the
      Secretary shall withhold 5 percent of the amount required to be
      apportioned to any State under each of paragraphs (1), (3), and
      (5) (as in effect on the day before the date of enactment of the
      Transportation Equity Act for the 21st Century) of section 104(b)
      on the first day of each fiscal year which begins after the
      second calendar year following the effective date of this section
      if the State does not meet the requirements of paragraph (3) on
      such date.
        (2) Beginning in fiscal year 1996. - The Secretary shall
      withhold 10 percent (including any amounts withheld under
      paragraph (1)) of the amount required to be apportioned to any
      State under each of paragraphs (1), (3), and (5) (as in effect on
      the day before the date of enactment of the Transportation Equity
      Act for the 21st Century) of section 104(b) on the first day of
      each fiscal year which begins after the fourth calendar year
      following the effective date of this section if the State does
      not meet the requirements of paragraph (3) on the first day of
      such fiscal year.
        (3) Requirements. - A State meets the requirements of this
      paragraph if - 
          (A) the State has enacted and is enforcing a law that
        requires in all circumstances, or requires in the absence of
        compelling circumstances warranting an exception - 
            (i) the revocation, or suspension for at least 6 months, of
          the driver's license of any individual who is convicted,
          after the enactment of such law, of - 
              (I) any violation of the Controlled Substances Act, or
              (II) any drug offense; and

            (ii) a delay in the issuance or reinstatement of a driver's
          license to such an individual for at least 6 months after the
          individual applies for the issuance or reinstatement of a
          driver's license if the individual does not have a driver's
          license, or the driver's license of the individual is
          suspended, at the time the individual is so convicted; or

          (B) the Governor of the State - 
            (i) submits to the Secretary no earlier than the
          adjournment sine die of the first regularly scheduled session
          of the State's legislature which begins after the effective
          date of this section a written certification stating that the
          Governor is opposed to the enactment or enforcement in the
          State of a law described in subparagraph (A), relating to the
          revocation, suspension, issuance, or reinstatement of
          drivers' licenses to convicted drug offenders; and
            (ii) submits to the Secretary a written certification that
          the legislature (including both Houses where applicable) has
          adopted a resolution expressing its opposition to a law
          described in clause (i).

      (b) Period of Availability; Effect of Compliance and
    Noncompliance. - 
        (1) Period of availability of withheld funds. - 
          (A) Funds withheld on or before september 30, 1995. - Any
        funds withheld under subsection (a) from apportionment to any
        State on or before September 30, 1995, shall remain available
        for apportionment to such State as follows:
            (i) If such funds would have been apportioned under section
          104(b)(5)(A) (as in effect on the day before the date of
          enactment of the Transportation Equity Act for the 21st
          Century) but for this section, such funds shall remain
          available until the end of the fiscal year for which such
          funds are authorized to be appropriated.
            (ii) If such funds would have been apportioned under
          section 104(b)(5)(B) (as in effect on the day before the date
          of enactment of the Transportation Equity Act for the 21st
          Century) but for this section, such funds shall remain
          available until the end of the second fiscal year following
          the fiscal year for which such funds are authorized to be
          appropriated.
            (iii) If such funds would have been apportioned under
          paragraph (1), (3), or (5) (as in effect on the day before
          the date of enactment of the Transportation Equity Act for
          the 21st Century) of section 104(b) but for this section,
          such funds shall remain available until the end of the third
          fiscal year following the fiscal year for which such funds
          are authorized to be appropriated.

          (B) Funds withheld after september 30, 1995. - No funds
        withheld under this section from apportionment to any State
        after September 30, 1995, shall be available for apportionment
        to such State.

        (2) Apportionment of withheld funds after compliance. - If,
      before the last day of the period for which funds withheld under
      subsection (a) from apportionment are to remain available for
      apportionment to a State under paragraph (1), the State meets the
      requirements of subsection (a)(3), the Secretary shall, on the
      first day on which the State meets the requirements of subsection
      (a)(3), apportion to the State the funds withheld under
      subsection (a) that remain available for apportionment to the
      State.
        (3) Period of availability of subsequently apportioned funds. -
      Any funds apportioned pursuant to paragraph (2) shall remain
      available for expenditure as follows:
          (A) Funds which would have been originally apportioned under
        section 104(b)(5)(A) (as in effect on the day before the date
        of enactment of the Transportation Equity Act for the 21st
        Century) shall remain available until the end of the fiscal
        year succeeding the fiscal year in which such funds are
        apportioned under paragraph (2).
          (B) Funds which would have been originally apportioned under
        paragraph (1), (3), or (5)(B) (as in effect on the day before
        the date of enactment of the Transportation Equity Act for the
        21st Century) of section 104(b) shall remain available until
        the end of the third fiscal year succeeding the fiscal year in
        which such funds are so apportioned.

      Sums not obligated at the end of such period shall lapse or, in
      the case of funds apportioned under section 104(b)(5) (as in
      effect on the day before the date of enactment of the
      Transportation Equity Act for the 21st Century), shall lapse and
      be made available by the Secretary for projects in accordance
      with section 118(b).
        (4) Effect of noncompliance. - If, at the end of the period for
      which funds withheld under subsection (a) from apportionment are
      available for apportionment to a State under paragraph (1), the
      State does not meet the requirements of subsection (a)(3), such
      funds shall lapse or, in the case of funds withheld from
      apportionment under section 104(b)(5) (as in effect on the day
      before the date of enactment of the Transportation Equity Act for
      the 21st Century), such funds shall lapse and be made available
      by the Secretary for projects in accordance with section 118(b).

      (c) Definitions. - For purposes of this section - 
        (1) Driver's license. - The term "driver's license" means a
      license issued by a State to any individual that authorizes the
      individual to operate a motor vehicle on highways.
        (2) Drug offense. - The term "drug offense" means any criminal
      offense which proscribes - 
          (A) the possession, distribution, manufacture, cultivation,
        sale, transfer, or the attempt or conspiracy to possess,
        distribute, manufacture, cultivate, sell, or transfer any
        substance the possession of which is prohibited under the
        Controlled Substances Act; or
          (B) the operation of a motor vehicle under the influence of
        such a substance.

        (3) Convicted. - The term "convicted" includes adjudicated
      under juvenile proceedings.

-SOURCE-
    (Added Pub. L. 102-143, title III, Sec. 333(a), Oct. 28, 1991, 105
    Stat. 944; amended Pub. L. 102-388, title III, Sec. 327(a), Oct. 6,
    1992, 106 Stat. 1547; Pub. L. 105-178, title I, Sec. 1103(l)(3)(E),
    June 9, 1998, 112 Stat. 126.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Transportation Equity Act for the
    21st Century, referred to in subsecs. (a)(1), (2) and (b)(1)(A),
    (3), (4), is the date of enactment of Pub. L. 105-178, which was
    approved June 9, 1998.
      The effective date of this section, referred to in subsec.
    (a)(1), (2), (3)(B)(i), is Nov. 5, 1990. See section 333(e) of Pub.
    L. 102-143, set out as a note below.
      The Controlled Substances Act, referred to in subsecs.
    (a)(3)(A)(i)(I) and (c)(2)(A), is title II of Pub. L. 91-513, Oct.
    27, 1970, 84 Stat. 1242, as amended, which is classified
    principally to subchapter I (Sec. 801 et seq.) of chapter 13 of
    Title 21, Food and Drugs. For complete classification of this Act
    to the Code, see Short Title note set out under section 801 of
    Title 21 and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(1), (2). Pub. L. 105-178, Sec.
    1103(l)(3)(E)(i), substituted "(5) (as in effect on the day before
    the date of enactment of the Transportation Equity Act for the 21st
    Century) of" for "(5) of" before "section 104(b)".
      Subsec. (b)(1)(A)(i). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(I),
    substituted "section 104(b)(5)(A) (as in effect on the day before
    the date of enactment of the Transportation Equity Act for the 21st
    Century)" for "section 104(b)(5)(A)".
      Subsec. (b)(1)(A)(ii). Pub. L. 105-178, Sec.
    1103(l)(3)(E)(ii)(II), substituted "section 104(b)(5)(B) (as in
    effect on the day before the date of enactment of the
    Transportation Equity Act for the 21st Century)" for "section
    104(b)(5)(B)".
      Subsec. (b)(1)(A)(iii). Pub. L. 105-178, Sec. 1103(l)(3)(E)(i),
    substituted "(5) (as in effect on the day before the date of
    enactment of the Transportation Equity Act for the 21st Century)
    of" for "(5) of" before "section 104(b)".
      Subsec. (b)(3). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(IV),
    substituted "section 104(b)(5) (as in effect on the day before the
    date of enactment of the Transportation Equity Act for the 21st
    Century)" for "section 104(b)(5)" in concluding provisions.
      Subsec. (b)(3)(A). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(I),
    substituted "section 104(b)(5)(A) (as in effect on the day before
    the date of enactment of the Transportation Equity Act for the 21st
    Century)" for "section 104(b)(5)(A)".
      Subsec. (b)(3)(B). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(III),
    substituted "(5)(B) (as in effect on the day before the date of
    enactment of the Transportation Equity Act for the 21st Century)"
    for "(5)(B)".
      Subsec. (b)(4). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(IV),
    substituted "section 104(b)(5) (as in effect on the day before the
    date of enactment of the Transportation Equity Act for the 21st
    Century)" for "section 104(b)(5)".
      1992 - Pub. L. 102-388 amended section generally, substituting
    "Beginning in fiscal year 1994" for "After second calendar year" as
    subsec. (a)(1) heading, "paragraphs (1), (3), and (5)" for
    "paragraphs (1), (2), (5), and (6)" in subsec. (a)(1) and (2),
    "Beginning in fiscal year 1996" for "After fourth calendar year" as
    subsec. (a)(2) heading, "paragraph (1), (3), or (5)" for "paragraph
    (1), (2), or (6)" in subsec. (b)(1)(A)(iii), and "paragraph (1),
    (3), or (5)(B)" for "paragraph (1), (2), (5)(B), or (6)" in subsec.
    (b)(3)(B).

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 327(b) of Pub. L. 102-388 provided that: "The amendments
    made by subsection (a) of this section [amending this section]
    shall take effect November 5, 1990."

                              EFFECTIVE DATE                          
      Section 333(e) of Pub. L. 102-143 provided that: "The amendments
    made by subsection (a) of this section [enacting this section]
    shall take effect November 5, 1990."

      STUDY ON STATE COMPLIANCE WITH REQUIREMENTS FOR REVOCATION AND
                      SUSPENSION OF DRIVERS' LICENSES
      Pub. L. 102-240, title I, Sec. 1094, Dec. 18, 1991, 105 Stat.
    2025, provided that:
      "(a) Study. - The Secretary shall conduct a study of State
    efforts to comply with the provisions of section 333 of the
    Department of Transportation and Related Agencies Appropriations
    Acts, 1991 and 1992 [section 333 of Pub. L. 102-143 (1992 Act)
    enacted this section and provisions set out as a note above and
    repealed section 333 of Pub. L. 101-516 (1991 Act) which amended
    section 104 of this title and enacted provisions set out as a note
    thereunder], relating to revocation and suspension of drivers'
    licenses.
      "(b) Report. - Not later than December 31, 1992, the Secretary
    shall transmit to Congress a report on the results of the study
    conducted under this section."

-End-



-CITE-
    23 USC Sec. 160                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 160. Reimbursement for segments of the Interstate System
      constructed without Federal assistance

-STATUTE-
      (a) General Authority. - The Secretary shall allocate to the
    States in each of fiscal years 1996 and 1997 amounts determined
    under subsection (b) for reimbursement of their original
    contributions to construction of segments of the Interstate System
    which were constructed without Federal financial assistance.
      (b) Determination of Reimbursement Amount. - The amount to be
    reimbursed to a State in each of fiscal years 1996 and 1997 under
    this section shall be determined by multiplying the amount made
    available for carrying out this section for such fiscal year by the
    reimbursement percentage set forth in the table contained in
    subsection (c).
      (c) Reimbursement Table. - For purposes of carrying out this
    section, the reimbursement percentage, the original cost for
    constructing the Interstate System, and the total reimbursable
    amount for each State is set forth in the following table:


                  States                Original     Reimbu       Reimbu  
                                                     rsement      rsable  
                                         cost in     percen     amount in 
                                        millions      tage       millions 
    --------------------------------------------------------------------
    Alabama                                    $9        0.50         $147
    Alaska                                               0.50          147
    Arizona                                    20        0.50          147
    Arkansas                                    6        0.50          147
    California                                298        5.42        1,591
    Colorado                                   23        0.50          147
    Connecticut                               314        5.71        1,676
    Delaware                                   39        0.71          209
    Florida                                    31        0.56          164
    Georgia                                    46        0.84          246
    Hawaii                                               0.50          147
    Idaho                                       5        0.50          147
    Illinois                                  475        8.62        2,533
    Indiana                                   167        3.03          892
    Iowa                                        5        0.50          147
    Kansas                                    101        1.84          540
    Kentucky                                   32        0.57          169
    Louisiana                                  22        0.50          147
    Maine                                      38        0.69          204
    Maryland                                  154        2.79          820
    Massachusetts                             283        5.14        1,511
    Michigan                                  228        4.14        1,218
    Minnesota                                  16        0.50          147
    Mississippi                                 6        0.50          147
    Missouri                                   74        1.35          396
    Montana                                     5        0.50          147
    Nebraska                                    1        0.50          147
    Nevada                                      2        0.50          147
    New Hampshire                               8        0.50          147
    New Jersey                                353        6.41        1,882
    New Mexico                                  8        0.50          147
    New York                                  929       16.88        4,960
    North Carolina                             36        0.65          191
    North Dakota                                3        0.50          147
    Ohio                                      257        4.68        1,374
    Oklahoma                                   91        1.66          486
    Oregon                                     78        1.42          417
    Pennsylvania                              354        6.43        1,888
    Rhode Island                               12        0.50          147
    South Carolina                              4        0.50          147
    South Dakota                                5        0.50          147
    Tennessee                                   7        0.50          147
    Texas                                     200        3.64        1,069
    Utah                                        6        0.50          147
    Vermont                                     1        0.50          147
    Virginia                                  111        2.01          591
    Washington                                 73        1.32          389
    West Virginia                               5        0.50          147
    Wisconsin                                   8        0.50          147
    Wyoming                                     9        0.50          147
    D.C.                                        9        0.50          147
                                     -----------------------------------
    TOTALS                                 $4,967      100.00      $29,384
    --------------------------------------------------------------------

      (d) Transfer of Reimbursable Amounts to STP Apportionment. -
    Subject to subsection (e) of this section, the Secretary shall
    transfer amounts allocated to a State pursuant to this section to
    the apportionment of such State under section 104(b)(3) for the
    surface transportation program.
      (e) Limitation on Applicability of Certain Requirements of STP
    Program. - The following provisions of section 133 of this title
    shall not apply to  1/2  of the amounts transferred under
    subsection (d) to the apportionment of the State for the surface
    transportation program:
        (1) Subsection (d)(1).(!1)

        (2) Subsection (d)(2).
        (3) Subsection (d)(3).

      (f) Authorization of Appropriations. - There is authorized to be
    appropriated, out of the Highway Trust Fund (other than the Mass
    Transit Account), $2,000,000,000 per fiscal year for each of fiscal
    years 1996 and 1997 to carryout this section.

-SOURCE-
    (Added Pub. L. 102-240, title I, Sec. 1014(a), Dec. 18, 1991, 105
    Stat. 1941.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (d)(1) of section 133 of this title, referred to in
    subsec. (e)(1), was repealed by Pub. L. 109-59, title I, Sec.
    1113(b)(1), Aug. 10, 2005, 119 Stat. 1172.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Dec. 18, 1991, and applicable to funds
    authorized to be appropriated or made available after Sept. 30,
    1991, and, with certain exceptions, not applicable to funds
    appropriated or made available on or before Sept. 30, 1991, see
    section 1100 of Pub. L. 102-240, set out as an Effective Date of
    1991 Amendment note under section 104 of this title.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    23 USC Sec. 161                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 161. Operation of motor vehicles by intoxicated minors

-STATUTE-
      (a) Withholding of Apportionments for Noncompliance. - 
        (1) Fiscal year 1999. - The Secretary shall withhold 5 percent
      of the amount required to be apportioned to any State under each
      of paragraphs (1), (3), and (4) of section 104(b) on October 1,
      1998, if the State does not meet the requirement of paragraph (3)
      on that date.
        (2) Thereafter. - The Secretary shall withhold 10 percent
      (including any amounts withheld under paragraph (1)) of the
      amount required to be apportioned to any State under each of
      paragraphs (1), (3), and (4) of section 104(b) on October 1,
      1999, and on October 1 of each fiscal year thereafter, if the
      State does not meet the requirement of paragraph (3) on that
      date.
        (3) Requirement. - A State meets the requirement of this
      paragraph if the State has enacted and is enforcing a law that
      considers an individual under the age of 21 who has a blood
      alcohol concentration of 0.02 percent or greater while operating
      a motor vehicle in the State to be driving while intoxicated or
      driving under the influence of alcohol.

      (b) Period of Availability; Effect of Compliance and
    Noncompliance. - 
        (1) Period of availability of withheld funds. - 
          (A) Funds withheld on or before september 30, 2000. - Any
        funds withheld under subsection (a) from apportionment to any
        State on or before September 30, 2000, shall remain available
        until the end of the third fiscal year following the fiscal
        year for which the funds are authorized to be appropriated.
          (B) Funds withheld after september 30, 2000. - No funds
        withheld under this section from apportionment to any State
        after September 30, 2000, shall be available for apportionment
        to the State.

        (2) Apportionment of withheld funds after compliance. - If,
      before the last day of the period for which funds withheld under
      subsection (a) from apportionment are to remain available for
      apportionment to a State under paragraph (1), the State meets the
      requirement of subsection (a)(3), the Secretary shall, on the
      first day on which the State meets the requirement, apportion to
      the State the funds withheld under subsection (a) that remain
      available for apportionment to the State.
        (3) Period of availability of subsequently apportioned funds. -
      Any funds apportioned pursuant to paragraph (2) shall remain
      available for expenditure until the end of the third fiscal year
      following the fiscal year in which the funds are so apportioned.
      Sums not obligated at the end of that period shall lapse.
        (4) Effect of noncompliance. - If, at the end of the period for
      which funds withheld under subsection (a) from apportionment are
      available for apportionment to a State under paragraph (1), the
      State does not meet the requirement of subsection (a)(3), the
      funds shall lapse.

-SOURCE-
    (Added Pub. L. 104-59, title III, Sec. 320(a), Nov. 28, 1995, 109
    Stat. 589; amended Pub. L. 105-178, title I, Sec. 1103(l)(3)(F),
    June 9, 1998, 112 Stat. 126.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(1), (2). Pub. L. 105-178 substituted
    "paragraphs (1), (3), and (4) of section 104(b)" for "paragraphs
    (1), (3), and (5)(B) of section 104(b)".

-End-



-CITE-
    23 USC Sec. 162                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 162. National scenic byways program

-STATUTE-
      (a) Designation of Roads. - 
        (1) In general. - The Secretary shall carry out a national
      scenic byways program that recognizes roads having outstanding
      scenic, historic, cultural, natural, recreational, and
      archaeological qualities by designating the roads as - 
          (A) National Scenic Byways;
          (B) All-American Roads; or
          (C) America's Byways.

        (2) Criteria. - The Secretary shall designate roads to be
      recognized under the national scenic byways program in accordance
      with criteria developed by the Secretary.
        (3) Nomination. - 
          (A) In general. - To be considered for a designation, a road
        must be nominated by a State, an Indian tribe, or a Federal
        land management agency and must first be designated as a State
        scenic byway, an Indian tribe scenic byway, or, in the case of
        a road on Federal land, as a Federal land management agency
        byway.
          (B) Nomination by indian tribes. - An Indian tribe may
        nominate a road as a National Scenic Byway under subparagraph
        (A) only if a Federal land management agency (other than the
        Bureau of Indian Affairs), a State, or a political subdivision
        of a State does not have - 
            (i) jurisdiction over the road; or
            (ii) responsibility for managing the road.

          (C) Safety. - An Indian tribe shall maintain the safety and
        quality of roads nominated by the Indian tribe under
        subparagraph (A).

        (4) Reciprocal notification. - States, Indian tribes, and
      Federal land management agencies shall notify each other
      regarding nominations made under this subsection for roads that -
      
          (A) are within the jurisdictional boundary of the State,
        Federal land management agency, or Indian tribe; or
          (B) directly connect to roads for which the State, Federal
        land management agency, or Indian tribe is responsible.

      (b) Grants and Technical Assistance. - 
        (1) In general. - The Secretary shall make grants and provide
      technical assistance to States and Indian tribes to - 
          (A) implement projects on highways designated as - 
            (i) National Scenic Byways;
            (ii) All-American Roads;
            (iii) America's Byways;
            (iv) State scenic byways; or
            (v) Indian tribe scenic byways; and

          (B) plan, design, and develop a State or Indian tribe scenic
        byway program.

        (2) Priorities. - In making grants, the Secretary shall give
      priority to - 
          (A) each eligible project that is associated with a highway
        that has been designated as a National Scenic Byway, All-
        American Road, or 1 of America's Byways and that is consistent
        with the corridor management plan for the byway;
          (B) each eligible project along a State or Indian tribe
        scenic byway that is consistent with the corridor management
        plan for the byway, or is intended to foster the development of
        such a plan, and is carried out to make the byway eligible for
        designation as - 
            (i) a National Scenic Byway;
            (ii) an All-American Road; or
            (iii) 1 of America's Byways; and

          (C) each eligible project that is associated with the
        development of a State or Indian tribe scenic byway program.

      (c) Eligible Projects. - The following are projects that are
    eligible for Federal assistance under this section:
        (1) An activity related to the planning, design, or development
      of a State or Indian tribe scenic byway program.
        (2) Development and implementation of a corridor management
      plan to maintain the scenic, historical, recreational, cultural,
      natural, and archaeological characteristics of a byway corridor
      while providing for accommodation of increased tourism and
      development of related amenities.
        (3) Safety improvements to a State scenic byway, Indian tribe
      scenic byway, National Scenic Byway, or All-American Road to the
      extent that the improvements are necessary to accommodate
      increased traffic and changes in the types of vehicles using the
      highway as a result of the designation as a State scenic byway,
      Indian tribe scenic byway, National Scenic Byway, or All-American
      Road.
        (4) Construction along a scenic byway of a facility for
      pedestrians and bicyclists, rest area, turnout, highway shoulder
      improvement, overlook, or interpretive facility.
        (5) An improvement to a scenic byway that will enhance access
      to an area for the purpose of recreation, including water-related
      recreation.
        (6) Protection of scenic, historical, recreational, cultural,
      natural, and archaeological resources in an area adjacent to a
      scenic byway.
        (7) Development and provision of tourist information to the
      public, including interpretive information about a scenic byway.
        (8) Development and implementation of a scenic byway marketing
      program.

      (d) Limitation. - The Secretary shall not make a grant under this
    section for any project that would not protect the scenic,
    historical, recreational, cultural, natural, and archaeological
    integrity of a highway and adjacent areas.
      (e) Savings Clause. - The Secretary shall not withhold any grant
    or impose any requirement on a State or Indian tribe as a condition
    of providing a grant or technical assistance for any scenic byway
    unless the requirement is consistent with the authority provided in
    this chapter.
      (f) Federal Share. - The Federal share of the cost of carrying
    out a project under this section shall be 80 percent, except that,
    in the case of any scenic byway project along a public road that
    provides access to or within Federal or Indian land, a Federal land
    management agency may use funds authorized for use by the agency as
    the non-Federal share.

-SOURCE-
    (Added Pub. L. 105-178, title I, Sec. 1219(a), June 9, 1998, 112
    Stat. 219; amended Pub. L. 109-59, title I, Sec. 1802, Aug. 10,
    2005, 119 Stat. 1456.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(1). Pub. L. 109-59, Sec. 1802(a)(1),
    substituted "the roads as - " and subpars. (A) to (C) for "the
    roads as National Scenic Byways or All-American Roads."
      Subsec. (a)(3), (4). Pub. L. 109-59, Sec. 1802(a)(2), added pars.
    (3) and (4) and struck out heading and text of former par. (3).
    Text read as follows: "To be considered for the designation, a road
    must be nominated by a State or a Federal land management agency
    and must first be designated as a State scenic byway or, in the
    case of a road on Federal land, as a Federal land management agency
    byway."
      Subsec. (b)(1). Pub. L. 109-59, Sec. 1802(b)(1), inserted "and
    Indian tribes" after "States" in introductory provisions.
      Subsec. (b)(1)(A). Pub. L. 109-59, Sec. 1802(b)(2), substituted
    "designated as - " and cls. (i) to (v) for "designated as National
    Scenic Byways or All-American Roads, or as State scenic byways;
    and".
      Subsec. (b)(1)(B). Pub. L. 109-59, Sec. 1802(b)(3), inserted "or
    Indian tribe" after "State".
      Subsec. (b)(2)(A). Pub. L. 109-59, Sec. 1802(b)(4), substituted
    "Byway, All-American Road, or 1 of America's Byways" for "Byway or
    All-American Road".
      Subsec. (b)(2)(B). Pub. L. 109-59, Sec. 1802(b)(5), substituted
    "State or Indian tribe" for "State-designated" and "designation as -
     " and cls. (i) to (iii) for "designation as a National Scenic
    Byway or All-American Road; and".
      Subsec. (b)(2)(C). Pub. L. 109-59, Sec. 1802(b)(6), inserted "or
    Indian tribe" after "State".
      Subsec. (c)(1). Pub. L. 109-59, Sec. 1802(c)(1), inserted "or
    Indian tribe" after "State".
      Subsec. (c)(3). Pub. L. 109-59, Sec. 1802(c)(2), inserted "Indian
    tribe scenic byway," after "improvements to a State scenic byway,"
    and "designation as a State scenic byway,".
      Subsec. (c)(4). Pub. L. 109-59, Sec. 1802(c)(3), struck out
    "passing lane," before "overlook,".
      Subsec. (e). Pub. L. 109-59, Sec. 1802(d), inserted "or Indian
    tribe" after "State".

-End-



-CITE-
    23 USC Sec. 163                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 163. Safety incentives to prevent operation of motor vehicles
      by intoxicated persons

-STATUTE-
      (a) General Authority. - The Secretary shall make a grant, in
    accordance with this section, to any State that has enacted and is
    enforcing a law that provides that any person with a blood alcohol
    concentration of 0.08 percent or greater while operating a motor
    vehicle in the State shall be deemed to have committed a per se
    offense of driving while intoxicated (or an equivalent per se
    offense).
      (b) Grants. - For each fiscal year, funds authorized to carry out
    this section shall be apportioned to each State that has enacted
    and is enforcing a law meeting the requirements of subsection (a)
    in an amount determined by multiplying - 
        (1) the amount authorized to carry out this section for the
      fiscal year; by
        (2) the ratio that the amount of funds apportioned to each such
      State under section 402 for such fiscal year bears to the total
      amount of funds apportioned to all such States under section 402
      for such fiscal year.

      (c) Use of Grants. - A State may obligate funds apportioned under
    subsection (b) for any project eligible for assistance under this
    title.
      (d) Federal Share. - The Federal share of the cost of a project
    funded under this section shall be 100 percent.
      (e) Penalty. - 
        (1) In general. - On October 1, 2003, and October 1 of each
      fiscal year thereafter, if a State has not enacted or is not
      enforcing a law described in subsection (a), the Secretary shall
      withhold from amounts apportioned to the State on that date under
      each of paragraphs (1), (3), and (4) of section 104(b) an amount
      equal to the amount specified in paragraph (2).
        (2) Amount to be withheld. - If a State is subject to a penalty
      under paragraph (1), the Secretary shall withhold for a fiscal
      year from the apportionments of the State described in paragraph
      (1) an amount equal to a percentage of the funds apportioned to
      the State under paragraphs (1), (3), and (4) of section 104(b)
      for fiscal year 2003. The percentage shall be as follows:
          (A) For fiscal year 2004, 2 percent.
          (B) For fiscal year 2005, 4 percent.
          (C) For fiscal year 2006, 6 percent.
          (D) For fiscal year 2007, and each fiscal year thereafter, 8
        percent.

        (3) Failure to comply. - If, within 4 years from the date that
      an apportionment for a State is withheld in accordance with this
      subsection, the Secretary determines that the State has enacted
      and is enforcing a law described in subsection (a), the
      apportionment of the State shall be increased by an amount equal
      to the amount withheld. If, at the end of such 4-year period, any
      State has not enacted or is not enforcing a law described in
      subsection (a) any amounts so withheld from such State shall
      lapse.

      (f) Authorization of Appropriations. - 
        (1) In general. - There are authorized to be appropriated out
      of the Highway Trust Fund (other than the Mass Transit Account)
      to carry out this section $55,000,000 for fiscal year 1998,
      $65,000,000 for fiscal year 1999, $80,000,000 for fiscal year
      2000, $90,000,000 for fiscal year 2001, $100,000,000 for fiscal
      year 2002, $110,000,000 for fiscal year 2003, $110,000,000 for
      fiscal year 2004, and $110,000,000 for fiscal year 2005
      $91,315,068 for the period of October 1, 2004, through July 30,
      2005.(!1)

        (2) Availability of funds. - Notwithstanding section 118(b)(2),
      the funds authorized by this subsection shall remain available
      until expended.

-SOURCE-
    (Added Pub. L. 105-178, title I, Sec. 1404(a), June 9, 1998, 112
    Stat. 240; amended Pub. L. 108-88, Sec. 6(a)(2), Sept. 30, 2003,
    117 Stat. 1119; Pub. L. 108-202, Sec. 6(b), Feb. 29, 2004, 118
    Stat. 483; Pub. L. 108-224, Sec. 5(b), Apr. 30, 2004, 118 Stat.
    632; Pub. L. 108-263, Sec. 5(b), June 30, 2004, 118 Stat. 703; Pub.
    L. 108-280, Sec. 5(b), July 30, 2004, 118 Stat. 881; Pub. L. 108-
    310, Sec. 6(a)(2), Sept. 30, 2004, 118 Stat. 1152; Pub. L. 109-14,
    Sec. 5(a)(2), May 31, 2005, 119 Stat. 329; Pub. L. 109-20, Sec.
    5(a)(2), July 1, 2005, 119 Stat. 351; Pub. L. 109-35, Sec. 5(a)(2),
    July 20, 2005, 119 Stat. 384; Pub. L. 109-37, Sec. 5(a)(2), July
    22, 2005, 119 Stat. 399; Pub. L. 109-40, Sec. 5(a)(2), July 28,
    2005, 119 Stat. 416; Pub. L. 109-59, title I, Sec. 1407(a), (b),
    Aug. 10, 2005, 119 Stat. 1231.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (e). Pub. L. 109-59, Sec. 1407(a)(2), added
    subsec. (e). Former subsec. (e) redesignated (f).
      Subsec. (e)(1). Pub. L. 109-40 substituted "$91,315,068 for the
    period of October 1, 2004, through July 30, 2005" for "$90,410,958
    for the period of October 1, 2004, through July 27, 2005".
      Pub. L. 109-37 substituted "$90,410,958 for the period of October
    1, 2004, through July 27, 2005" for "$89,100,000 for the period of
    October 1, 2004, through July 21, 2005".
      Pub. L. 109-35 substituted "$89,100,000 for the period of October
    1, 2004, through July 21, 2005" for "$88,000,000 for the period of
    October 1, 2004, through July 19, 2005".
      Pub. L. 109-20 substituted "$88,000,000 for the period of October
    1, 2004, through July 19, 2005" for "$82,500,000 for the period of
    October 1, 2004, through June 30, 2005".
      Pub. L. 109-14 substituted "$82,500,000 for the period of October
    1, 2004, through June 30, 2005" for "$73,333,333 for the period of
    October 1, 2004, through May 31, 2005".
      Subsec. (f). Pub. L. 109-59, Sec. 1407(a)(1), redesignated
    subsec. (e) as (f).
      Subsec. (f)(1). Pub. L. 109-59, Sec. 1407(b), substituted "2004,
    and $110,000,000 for fiscal year 2005" for "2004, and".
      2004 - Subsec. (e)(1). Pub. L. 108-310 struck out "and" after
    "2003," and inserted ", and $73,333,333 for the period of October
    1, 2004, through May 31, 2005" before period at end.
      Pub. L. 108-280 substituted "$110,000,000 for fiscal year 2004"
    for "$100,000,000 for the period of October 1, 2003, through July
    31, 2004".
      Pub. L. 108-263 substituted "$100,000,000 for the period of
    October 1, 2003, through July 31, 2004" for "$90,000,000 for the
    period of October 1, 2003, through June 30, 2004".
      Pub. L. 108-224 substituted "$90,000,000 for the period of
    October 1, 2003, through June 30, 2004" for "$70,000,000 for the
    period of October 1, 2003, through April 30, 2004".
      Pub. L. 108-202 substituted "$70,000,000 for the period of
    October 1, 2003, through April 30, 2004" for "$50,000,000 for the
    period of October 1, 2003, through February 29, 2004".
      2003 - Subsec. (e)(1). Pub. L. 108-88 struck out "and" after
    "2002," and inserted before period at end ", and $50,000,000 for
    the period of October 1, 2003, through February 29, 2004".

    WITHHOLDING OF FUNDS FOR FAILURE TO ENACT AND ENFORCE LAWS RELATING
                       TO DRIVING WHILE INTOXICATED
      Pub. L. 106-346, Sec. 101(a) [title III, Sec. 351], Oct. 23,
    2000, 114 Stat. 1356, 1356A-34, directed the Secretary to withhold
    a percentage, beginning in fiscal year 2004, of the amount required
    to be apportioned for Federal-aid highways to any State under pars.
    (1), (3), and (4) of section 104(b) of this title, if a State had
    not enacted and was not enforcing a provision described in section
    163(a) of this title, and provided for increase of the
    apportionment by an amount equal to such reduction if within 4
    years from the date of the reduction the Secretary determined that
    such State had enacted and was enforcing a provision described in
    section 163(a) of this title, prior to repeal by Pub. L. 109-59,
    title I, Sec. 1407(c), Aug. 10, 2005, 119 Stat. 1231.

-FOOTNOTE-               

    (!1) So in original. The words "$91,315,068 for the period of
         October 1, 2004, through July 30, 2005" probably should not
         appear.


-End-



-CITE-
    23 USC Sec. 164                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 164. Minimum penalties for repeat offenders for driving while
      intoxicated or driving under the influence

-STATUTE-
      (a) Definitions. - In this section, the following definitions
    apply:
        (1) Alcohol concentration. - The term "alcohol concentration"
      means grams of alcohol per 100 milliliters of blood or grams of
      alcohol per 210 liters of breath.
        (2) Driving while intoxicated; driving under the influence. -
      The terms "driving while intoxicated" and "driving under the
      influence" mean driving or being in actual physical control of a
      motor vehicle while having an alcohol concentration above the
      permitted limit as established by each State.
        (3) License suspension. - The term "license suspension" means
      the suspension of all driving privileges.
        (4) Motor vehicle. - The term "motor vehicle" means a vehicle
      driven or drawn by mechanical power and manufactured primarily
      for use on public highways, but does not include a vehicle
      operated solely on a rail line or a commercial vehicle.
        (5) Repeat intoxicated driver law. - The term "repeat
      intoxicated driver law" means a State law that provides, as a
      minimum penalty, that an individual convicted of a second or
      subsequent offense for driving while intoxicated or driving under
      the influence after a previous conviction for that offense shall -
       
          (A) receive a driver's license suspension for not less than 1
        year;
          (B) be subject to the impoundment or immobilization of each
        of the individual's motor vehicles or the installation of an
        ignition interlock system on each of the motor vehicles;
          (C) receive an assessment of the individual's degree of abuse
        of alcohol and treatment as appropriate; and
          (D) receive - 
            (i) in the case of the second offense - 
              (I) an assignment of not less than 30 days of community
            service; or
              (II) not less than 5 days of imprisonment; and

            (ii) in the case of the third or subsequent offense - 
              (I) an assignment of not less than 60 days of community
            service; or
              (II) not less than 10 days of imprisonment.

      (b) Transfer of Funds. - 
        (1) Fiscal years 2001 and 2002. - On October 1, 2000, and
      October 1, 2001, if a State has not enacted or is not enforcing a
      repeat intoxicated driver law, the Secretary shall transfer an
      amount equal to 1 1/2  percent of the funds apportioned to the
      State on that date under each of paragraphs (1), (3), and (4) of
      section 104(b) to the apportionment of the State under section
      402 - 
          (A) to be used for alcohol-impaired driving countermeasures;
        or
          (B) to be directed to State and local law enforcement
        agencies for enforcement of laws prohibiting driving while
        intoxicated or driving under the influence and other related
        laws (including regulations), including the purchase of
        equipment, the training of officers, and the use of additional
        personnel for specific alcohol-impaired driving
        countermeasures, dedicated to enforcement of the laws
        (including regulations).

        (2) Fiscal year 2003 and fiscal years thereafter. - On October
      1, 2002, and each October 1 thereafter, if a State has not
      enacted or is not enforcing a repeat intoxicated driver law, the
      Secretary shall transfer an amount equal to 3 percent of the
      funds apportioned to the State on that date under each of
      paragraphs (1), (3), and (4) of section 104(b) to the
      apportionment of the State under section 402 to be used or
      directed as described in subparagraph (A) or (B) of paragraph
      (1).
        (3) Use for hazard elimination program. - A State may elect to
      use all or a portion of the funds transferred under paragraph (1)
      or (2) for activities eligible under section 148.
        (4) Federal share. - The Federal share of the cost of a project
      carried out with funds transferred under paragraph (1) or (2), or
      used under paragraph (3), shall be 100 percent.
        (5) Derivation of amount to be transferred. - The amount to be
      transferred under paragraph (1) or (2) may be derived from one or
      more of the following:
          (A) The apportionment of the State under section 104(b)(1).
          (B) The apportionment of the State under section 104(b)(3).
          (C) The apportionment of the State under section 104(b)(4).

        (6) Transfer of obligation authority. - 
          (A) In general. - If the Secretary transfers under this
        subsection any funds to the apportionment of a State under
        section 402 for a fiscal year, the Secretary shall transfer an
        amount, determined under subparagraph (B), of obligation
        authority distributed for the fiscal year to the State for
        Federal-aid highways and highway safety construction programs
        for carrying out projects under section 402.
          (B) Amount. - The amount of obligation authority referred to
        in subparagraph (A) shall be determined by multiplying - 
            (i) the amount of funds transferred under subparagraph (A)
          to the apportionment of the State under section 402 for the
          fiscal year, by
            (ii) the ratio that - 
              (I) the amount of obligation authority distributed for
            the fiscal year to the State for Federal-aid highways and
            highway safety construction programs, bears to
              (II) the total of the sums apportioned to the State for
            Federal-aid highways and highway safety construction
            programs (excluding sums not subject to any obligation
            limitation) for the fiscal year.

        (7) Limitation on applicability of obligation limitation. -
      Notwithstanding any other provision of law, no limitation on the
      total of obligations for highway safety programs under section
      402 shall apply to funds transferred under this subsection to the
      apportionment of a State under such section.

-SOURCE-
    (Added Pub. L. 105-178, title I, Sec. 1406(a), as added Pub. L. 105-
    206, title IX, Sec. 9005(a), July 22, 1998, 112 Stat. 845; amended
    Pub. L. 109-59, title I, Sec. 1401(a)(3)(C), Aug. 10, 2005, 119
    Stat. 1225.)


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(3). Pub. L. 109-59 substituted "148" for
    "152".

                              EFFECTIVE DATE                          
      Section effective simultaneously with enactment of Pub. L. 105-
    178 and to be treated as included in Pub. L. 105-178 at time of
    enactment, see section 9016 of Pub. L. 105-206, set out as an
    Effective Date of 1998 Amendment note under section 101 of this
    title.

-End-



-CITE-
    23 USC Sec. 165                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 165. Puerto Rico highway program

-STATUTE-
      (a) In General. - The Secretary shall allocate funds made
    available to carry out this section for each of fiscal years 2005
    through 2009 to the Commonwealth of Puerto Rico to carry out a
    highway program in the Commonwealth.
      (b) Applicability of Title. - Amounts made available by section
    1101(a)(14) of the SAFETEA-LU shall be available for obligation in
    the same manner as if such funds were apportioned under this
    chapter.
      (c) Treatment of Funds. - Amounts made available to carry out
    this section for a fiscal year shall be administered as follows:
        (1) Apportionment. - For the purpose of imposing any penalty
      under this title or title 49, the amounts shall be treated as
      being apportioned to Puerto Rico under sections 104(b) and 144,
      for each program funded under those sections in an amount
      determined by multiplying - 
          (A) the aggregate of the amounts for the fiscal year; by
          (B) the ratio that - 
            (i) the amount of funds apportioned to Puerto Rico for each
          such program for fiscal year 1997; bears to
            (ii) the total amount of funds apportioned to Puerto Rico
          for all such programs for fiscal year 1997.

        (2) Penalty. - The amounts treated as being apportioned to
      Puerto Rico under each section referred to in paragraph (1) shall
      be deemed to be required to be apportioned to Puerto Rico under
      that section for purposes of the imposition of any penalty under
      this title or title 49.

      (d) Effect on Allocations and Apportionments. - Subject to
    subsection (c)(2), nothing in this section affects any allocation
    under section 105 and any apportionment under sections 104 and 144.

-SOURCE-
    (Added Pub. L. 109-59, title I, Sec. 1120(a), Aug. 10, 2005, 119
    Stat. 1191.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1101(a)(14) of the SAFETEA-LU, referred to in subsec.
    (b), is section 1101(a)(14) of Pub. L. 109-59, title I, Aug. 10,
    2005, 119 Stat. 1155, which is not classified to the Code.

-End-



-CITE-
    23 USC Sec. 166                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    Sec. 166. HOV facilities

-STATUTE-
      (a) In General. - 
        (1) Authority of state agencies. - A State agency that has
      jurisdiction over the operation of a HOV facility shall establish
      the occupancy requirements of vehicles operating on the facility.
        (2) Occupancy requirement. - Except as otherwise provided by
      this section, no fewer than two occupants per vehicle may be
      required for use of a HOV facility.

      (b) Exceptions. - 
        (1) In general. - Notwithstanding the occupancy requirement of
      subsection (a)(2), the exceptions in paragraphs (2) through (5)
      shall apply with respect to a State agency operating a HOV
      facility.
        (2) Motorcycles and bicycles. - 
          (A) In general. - Subject to subparagraph (B), the State
        agency shall allow motorcycles and bicycles to use the HOV
        facility.
          (B) Safety exception. - 
            (i) In general. - A State agency may restrict use of the
          HOV facility by motorcycles or bicycles (or both) if the
          agency certifies to the Secretary that such use would create
          a safety hazard and the Secretary accepts the certification.
            (ii) Acceptance of certification. - The Secretary may
          accept a certification under this subparagraph only after the
          Secretary publishes notice of the certification in the
          Federal Register and provides an opportunity for public
          comment.

        (3) Public transportation vehicles. - The State agency may
      allow public transportation vehicles to use the HOV facility if
      the agency - 
          (A) establishes requirements for clearly identifying the
        vehicles; and
          (B) establishes procedures for enforcing the restrictions on
        the use of the facility by the vehicles.

        (4) High occupancy toll vehicles. - The State agency may allow
      vehicles not otherwise exempt pursuant to this subsection to use
      the HOV facility if the operators of the vehicles pay a toll
      charged by the agency for use of the facility and the agency - 
          (A) establishes a program that addresses how motorists can
        enroll and participate in the toll program;
          (B) develops, manages, and maintains a system that will
        automatically collect the toll; and
          (C) establishes policies and procedures to - 
            (i) manage the demand to use the facility by varying the
          toll amount that is charged; and
            (ii) enforce violations of use of the facility.

        (5) Low emission and energy-efficient vehicles. - 
          (A) Inherently low emission vehicle. - Before September 30,
        2009, the State agency may allow vehicles that are certified as
        inherently low-emission vehicles pursuant to section 88.311-93
        of title 40, Code of Federal Regulations (or successor
        regulations), and are labeled in accordance with section 88.312-
        93 of such title (or successor regulations), to use the HOV
        facility if the agency establishes procedures for enforcing the
        restrictions on the use of the facility by the vehicles.
          (B) Other low emission and energy-efficient vehicles. -
        Before September 30, 2009, the State agency may allow vehicles
        certified as low emission and energy-efficient vehicles under
        subsection (e), and labeled in accordance with subsection (e),
        to use the HOV facility if the operators of the vehicles pay a
        toll charged by the agency for use of the facility and the
        agency - 
            (i) establishes a program that addresses the selection of
          vehicles under this paragraph; and
            (ii) establishes procedures for enforcing the restrictions
          on the use of the facility by the vehicles.

          (C) Amount of tolls. - Under subparagraph (B), a State agency
        may charge no toll or may charge a toll that is less than tolls
        charged under paragraph (3).(!1)


      (c) Requirements Applicable to Tolls. - 
        (1) In general. - Tolls may be charged under paragraphs (4) and
      (5) of subsection (b) notwithstanding section 301 and, except as
      provided in paragraphs (2) and (3), subject to the requirements
      of section 129.
        (2) HOV facilities on the interstate system. - Notwithstanding
      section 129, tolls may be charged under paragraphs (4) and (5) of
      subsection (b) on a HOV facility on the Interstate System.
        (3) Excess toll revenues. - If a State agency makes a
      certification under section 129(a)(3) with respect to toll
      revenues collected under paragraphs (4) and (5) of subsection
      (b), the State, in the use of toll revenues under that sentence,
      shall give priority consideration to projects for developing
      alternatives to single occupancy vehicle travel and projects for
      improving highway safety.

      (d) HOV Facility Management, Operation, Monitoring, and
    Enforcement. - 
        (1) In general. - A State agency that allows vehicles to use a
      HOV facility under paragraph (4) or (5) of subsection (b) in a
      fiscal year shall certify to the Secretary that the agency will
      carry out the following responsibilities with respect to the
      facility in the fiscal year:
          (A) Establishing, managing, and supporting a performance
        monitoring, evaluation, and reporting program for the facility
        that provides for continuous monitoring, assessment, and
        reporting on the impacts that the vehicles may have on the
        operation of the facility and adjacent highways.
          (B) Establishing, managing, and supporting an enforcement
        program that ensures that the facility is being operated in
        accordance with the requirements of this section.
          (C) Limiting or discontinuing the use of the facility by the
        vehicles if the presence of the vehicles has degraded the
        operation of the facility.

        (2) Degraded facility. - 
          (A) Definition of minimum average operating speed. - In this
        paragraph, the term "minimum average operating speed" means - 
            (i) 45 miles per hour, in the case of a HOV facility with a
          speed limit of 50 miles per hour or greater; and
            (ii) not more than 10 miles per hour below the speed limit,
          in the case of a HOV facility with a speed limit of less than
          50 miles per hour.

          (B) Standard for determining degraded facility. - For
        purposes of paragraph (1), the operation of a HOV facility
        shall be considered to be degraded if vehicles operating on the
        facility are failing to maintain a minimum average operating
        speed 90 percent of the time over a consecutive 180-day period
        during morning or evening weekday peak hour periods (or both).
          (C) Management of low emission and energy-efficient vehicles.
        - In managing the use of HOV lanes by low emission and energy-
        efficient vehicles that do not meet applicable occupancy
        requirements, a State agency may increase the percentages
        described in subsection (f)(3)(B)(i).

      (e) Certification of Low Emission and Energy-Efficient Vehicles. -
     Not later than 180 days after the date of enactment of this
    section, the Administrator of the Environmental Protection Agency
    shall - 
        (1) issue a final rule establishing requirements for
      certification of vehicles as low emission and energy-efficient
      vehicles for purposes of this section and requirements for the
      labeling of the vehicles; and
        (2) establish guidelines and procedures for making the vehicle
      comparisons and performance calculations described in subsection
      (f)(3)(B), in accordance with section 32908(b) of title 49.

      (f) Definitions. - In this section, the following definitions
    apply:
        (1) Alternative fuel vehicle. - The term "alternative fuel
      vehicle" means a vehicle that is operating on - 
          (A) methanol, denatured ethanol, or other alcohols;
          (B) a mixture containing at least 85 percent of methanol,
        denatured ethanol, and other alcohols by volume with gasoline
        or other fuels;
          (C) natural gas;
          (D) liquefied petroleum gas;
          (E) hydrogen;
          (F) coal derived liquid fuels;
          (G) fuels (except alcohol) derived from biological materials;
          (H) electricity (including electricity from solar energy); or
          (I) any other fuel that the Secretary prescribes by
        regulation that is not substantially petroleum and that would
        yield substantial energy security and environmental benefits,
        including fuels regulated under section 490 of title 10, Code
        of Federal Regulations (or successor regulations).

        (2) HOV facility. - The term "HOV facility" means a high
      occupancy vehicle facility.
        (3) Low emission and energy-efficient vehicle. - The term "low
      emission and energy-efficient vehicle" means a vehicle that - 
          (A) has been certified by the Administrator as meeting the
        Tier II emission level established in regulations prescribed by
        the Administrator under section 202(i) of the Clean Air Act (42
        U.S.C. 7521(i)) for that make and model year vehicle; and
          (B)(i) is certified by the Administrator of the Environmental
        Protection Agency, in consultation with the manufacturer, to
        have achieved not less than a 50-percent increase in city fuel
        economy or not less than a 25-percent increase in combined city-
        highway fuel economy (or such greater percentage of city or
        city-highway fuel economy as may be determined by a State under
        subsection (d)(2)(C)) relative to a comparable vehicle that is
        an internal combustion gasoline fueled vehicle (other than a
        vehicle that has propulsion energy from onboard hybrid
        sources); or
          (ii) is an alternative fuel vehicle.

        (4) Public transportation vehicle. - The term "public
      transportation vehicle" means a vehicle that - 
          (A) provides designated public transportation (as defined in
        section 221 of the Americans with Disabilities Act of 1990 (42
        U.S.C. 12141) or provides public school transportation (to and
        from public or private primary, secondary, or tertiary
        schools); and
          (B)(i) is owned or operated by a public entity;
          (ii) is operated under a contract with a public entity; or
          (iii) is operated pursuant to a license by the Secretary or a
        State agency to provide motorbus or school vehicle
        transportation services to the public.

        (5) State agency. - 
          (A) In general. - The term "State agency", as used with
        respect to a HOV facility, means an agency of a State or local
        government having jurisdiction over the operation of the
        facility.
          (B) Inclusion. - The term "State agency" includes a State
        transportation department.

-SOURCE-
    (Added Pub. L. 109-59, title I, Sec. 1121(a), Aug. 10, 2005, 119
    Stat. 1192.)

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

-FOOTNOTE-               

    (!1) So in original. Probably should be paragraph "(4)".


-End-



-CITE-
    23 USC Secs. 181 to 190                                     01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 1 - FEDERAL-AID HIGHWAYS

-HEAD-
    [Secs. 181 to 190. Renumbered Secs. 601 to 610]

-COD-
                               CODIFICATION                           
      Subchapter II heading "INFRASTRUCTURE FINANCE" was struck out and
    sections 181 to 190, which comprised subchapter II of this chapter,
    were renumbered sections 601 to 610, respectively, and transferred
    to follow the analysis of chapter 6 of this title, by Pub. L. 109-
    59, title I, Sec. 1602(b)(6)(B), (d), Aug. 10, 2005, 119 Stat.
    1247.

-End-