Page 19 TITLE 23—HIGHWAYS § 102

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, §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 twentyyear 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.’’

DEFINITION OF ‘‘SECRETARY’’

Section 2 of Pub. L. 104–59 provided that: ‘‘In this Act

[See Short Title of 1995 Amendment note above], the

term ‘Secretary’ means the Secretary of Transportation.’’

Section 2 of Pub. L. 100–17 provided that: ‘‘As used in

this Act [see Short Title of 1987 Amendment note

above], the term ‘Secretary’ means the Secretary of

Transportation.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 157, 204 of this

title; title 16 sections 460l–6a, 3911; title 49 sections 104,

47107.

§ 102. Program efficiencies

(a) HOV PASSENGER REQUIREMENTS.—A State

highway 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.

(b) ENGINEERING COST REIMBURSEMENT.—If onsite construction of, or acquisition of right-ofway for, a highway project is not commenced

within 10 years 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.
§ 103 TITLE 23—HIGHWAYS Page 20

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 887; Pub. L.

102–240, title I, §1016(a), Dec. 18, 1991, 105 Stat.

1945.)

REFERENCES IN TEXT

Section 163 of the Surface Transportation Assistance

Act of 1982, referred to in subsec. (a), is section 163 of

Pub. L. 97–424, which is set out as a note under section

146 of this title.

AMENDMENTS

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.

§ 103. Federal-aid systems

(a) IN GENERAL.—For purposes of this title, the

Federal-aid systems are the Interstate System

and the National Highway System.

(b) NATIONAL HIGHWAY SYSTEM.—

(1) PURPOSE.—The purpose of the National

Highway System is to provide an interconnected system of principal arterial routes

which will serve major population centers,

international border crossings, ports, airports,

public transportation facilities, and other

intermodal transportation facilities and other

major travel destinations; meet national defense requirements; and serve interstate and

interregional travel.

(2) COMPONENTS.—The National Highway

System shall consist of the following:

(A) Highways designated as part of the

Interstate System under subsection (e) and

section 139 of this title.

(B) Other urban and rural principal arterials and highways (including toll facilities)

which provide motor vehicle access between

such an arterial and a major port, airport,

public transportation facility, or other

intermodal transportation facility. The

States, in cooperation with local and regional officials, shall propose to the Secretary arterials and highways for designation to the National Highway System under

this paragraph. In urbanized areas, the local

officials shall act through the metropolitan

planning organizations designated for such

areas under section 134 of this title. The

routes on the National Highway System, as

shown on the map submitted by the Secretary to the Committee on Public Works

and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate in 1991,

illustrating the National Highway System,

shall serve as the basis for the States in proposing arterials and highways for designation to such system. The Secretary may

modify or revise such proposals and submit

such modified or revised proposals to Congress for approval in accordance with paragraph (3).

(C) A strategic highway network which is

a network of highways which are important

to the United States strategic defense policy

and which provide defense access, continuity, and emergency capabilities for the

movement of personnel, materiels, and

equipment in both peace time and war time.

Such highways may include highways on and

off the Interstate System and shall be designated by the Secretary in consultation

with appropriate Federal agencies and the

States and be subject to approval by Congress in accordance with paragraph (3).

(D) Major strategic highway network connectors which are highways that provide

motor vehicle access between major military

installations and highways which are part of

the strategic highway network. Such highways shall be designated by the Secretary in

consultation with appropriate Federal agencies and the States and subject to approval

by Congress in accordance with paragraph

(3).

(3) APPROVAL OF DESIGNATIONS.—

(A) PROPOSED DESIGNATIONS.—Not later

than 2 years after the date of the enactment

of this section, the Secretary shall submit

for approval to the Committee on Environment and Public Works of the Senate and

the Committee on Public Works and Transportation of the House of Representatives a

proposed National Highway System with a

list and description of highways proposed to

be designated to the National Highway System under this subsection and a map showing such proposed designations. In preparing

the proposed system, the Secretary shall

consult appropriate local officials and shall

use the functional reclassification of roads

and streets carried out under subsection (c)

of section 1006 of the Intermodal Surface

Transportation Efficiency Act of 1991.

(B) APPROVAL OF CONGRESS REQUIRED.—

After September 30, 1995, no funds made

available for carrying out this title may be

apportioned for the National Highway System or the Interstate maintenance program

under this title unless a law has been approved designating the National Highway

System.

(C) MAXIMUM MILEAGE.—The mileage of

highways on the National Highway System

shall not exceed 155,000 miles; except that

the Secretary may increase or decrease such

maximum mileage by not to exceed 15 percent.

(D) EQUITABLE ALLOCATIONS OF HIGHWAY

MILEAGE.—The Secretary shall provide for

equitable allocation of highway mileage on

the National Highway System among the

States.

(4) INTERIM SYSTEM.—For fiscal years 1992,

1993, 1994, and 1995, highways classified as prin-