Page 127 TITLE 23—HIGHWAYS § 148

1So in original. Probably should be ‘‘States’’.

tice 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, §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, §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.

§ 147. Priority primary routes

(a) High traffic sections of highways on the

Federal-aid primary system which connect to

the Interstate System shall be selected by each

State highway department, in consultation with

appropriate local officials, subject to approval

by the Secretary, for priority of improvement to

supplement the service provided by the Interstate System by furnishing needed adequate

traffic collector and distributor facilities. For

the purpose of this section such highways shall

hereafter in this section be referred to as ‘‘priority primary routes’’.

(b) The Federal share of any project on a priority primary route shall be that provided in

section 120(a) of this title. All provisions of this

title applicable to the Federal-aid primary system shall be applicable to the priority primary

routes selected under this section.

(c) The initial selection of the priority primary routes and the estimated cost of completing such routes shall be reported to Congress on

or before July 1, 1974.

(d) There is authorized to be appropriated out

of the Highway Trust Fund to carry out this section not to exceed $100,000,000 for the fiscal year

ending June 30, 1974, $200,000,000 for the fiscal

year ending June 30, 1975, and $300,000,000 for the

fiscal year ending June 30, 1976.

(Added Pub. L. 93–87, title I, §126(a), Aug. 13,

1973, 87 Stat. 263; amended Pub. L. 94–280, title I,

§130, May 5, 1976, 90 Stat. 440.)

AMENDMENTS

1976—Subsec. (b). Pub. L. 94–280 amended subsec. (b)

generally, striking out apportionment provisions.

§ 148. Development of a national scenic and recreational highway

(a) As soon as possible after the date of enactment of this section, the Secretary shall establish criteria for the location and construction or

reconstruction of the Great River Road by the

ten States bordering the Mississippi River. Such

criteria shall include requirements that—

(1) priority be given in the location of the

Great River Road near or easily accessible to

the larger population centers of the State 1

and further priority be given to the construction and improvement of the Great River Road

in the proximity of the confluence of the Mississippi River and the Wisconsin River;

(2) the Great River Road be connected with

other Federal-aid highways and preferably

with the Interstate System;