§ 142 TITLE 23—HIGHWAYS Page 116

1So in original.

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

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, §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, §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.’’

§ 142. Public transportation

(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 paragraph (5) of subsection (b) of section 104 of this

title 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
Page 117 TITLE 23—HIGHWAYS § 142

2So in original. Probably should be ‘‘exists’’.

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) (other than section 104(b)(5)(A)) 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) of

title 49 shall apply in carrying out subsection

(a)(2) of this section.

(Added Pub. L. 91–605, title I, §111(a), Dec. 31,

1970, 84 Stat. 1719; amended Pub. L. 93–87, title I,

§121(a), Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280,

title I, §127, May 5, 1976, 90 Stat. 440; Pub. L.

97–424, title I, §120, Jan. 6, 1983, 96 Stat. 2111;

Pub. L. 102–240, title I, §1027(a)–(e), title III,

§3003(b), Dec. 18, 1991, 105 Stat. 1966, 2088; Pub. L.

103–272, §5(f)(2), July 5, 1994, 108 Stat. 1374; Pub.

L. 103–429, §7(a)(4)(C), Oct. 31, 1994, 108 Stat.

4389.)

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.

AMENDMENTS

1994—Subsec. (a)(2). Pub. L. 103–272, §5(f)(2)(A), substituted ‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act’’.

Subsec. (h). Pub. L. 103–272, §5(f)(2)(B), as amended by

Pub. L. 103–429, §7(a)(4)(C), substituted ‘‘chapter 53 of

title 49’’ for ‘‘the Federal Transit Act, as amended’’.

Subsec. (i). Pub. L. 103–272, §5(f)(2)(C), as amended by

Pub. L. 103–429, §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, §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, §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, §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, §1027(e)(1), substituted

‘‘surface transportation program’’ for ‘‘Federal-aid

urban system’’.
§ 142 TITLE 23—HIGHWAYS Page 118

Subsec. (f). Pub. L. 102–240, §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, §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, §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, §3003(b), substituted

‘‘Federal Transit Act’’ for ‘‘Urban Mass Transportation

Act of 1964’’.

Pub. L. 102–240, §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, §3003(b), substituted ‘‘Federal Transit Act’’ for ‘‘Urban Mass Transportation Act

of 1964’’.

Pub. L. 102–240, §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, §1027(e)(3), redesignated

subsec. (j) as (i).

Subsec. (k). Pub. L. 102–240, §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, §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, §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, §120(b)(2), substituted

‘‘high occupancy vehicle’’ for ‘‘bus’’ after ‘‘preferential’’.

Subsec. (f). Pub. L. 97–424, §120(b)(3), substituted

‘‘high occupancy vehicles’’ for ‘‘public mass transportation systems’’.

1976—Subsec. (a)(1). Pub. L. 94–280, §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, §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, §103, Jan. 4, 1975, 88 Stat. 2282; Pub. L. 94–280,

title I, §129, May 5, 1976, 90 Stat. 440; Pub. L. 95–599,

title I, §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, §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, §105(b), Jan. 4, 1975, 88 Stat. 2283, provided that:
Page 119 TITLE 23—HIGHWAYS § 143

‘‘(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.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 156 of this title;

title 15 section 794; title 49 section 5323.

§ 143. Economic growth center development

highways

(a) In order to promote the desirable development of the Nation’s natural resources, to revitalize and diversify the economy of rural areas

and smaller communities, to enhance and disperse industrial growth, to encourage more balanced population patterns, to check, and, where

possible, to reverse current migratory trends

from rural areas and smaller communities, and

to improve living conditions and the quality of

the environment, the Secretary is authorized to

make grants to States for projects for the construction, reconstruction, and improvement of

development highways on a Federal-aid system

(other than the Interstate System) to serve and

promote the development of economic growth

centers and surrounding areas, encourage the location of business and industry in rural areas,

facilitate the mobility of labor in sparsely populated areas, and provide rural citizens with improved highways to such public and private services as health care, recreation, employment,

education, and cultural activities, or otherwise

encourage the social and economic development

of rural communities, and for planning, surveys,

and investigations in connection therewith.

(b) Each Governor may transmit to the Secretary his recommendations for (1) the selection

of economic growth centers within the State, (2)

priorities for the construction of development

highways on a Federal-aid system (other than

the Interstate System) to serve such centers,

and (3) such other information as may be required by the Secretary, for his consideration in

approving the selection of economic growth centers for projects.

(c) Upon the application of the State highway

department of any State in which an economic

growth center approved by the Secretary as eligible for a project is located, the Secretary is

authorized to pay up to 100 per centum of the

cost of engineering and economic surveys or

other investigations necessary for the planning

and design of development highways on a Federal-aid system (other than the Interstate System) needed to provide appropriate access to

such growth center, including publicly owned

airport facilities and public ports for water

transportation which may be established to

serve it, in order to carry out the purposes of

this section.

(d) Except as otherwise provided in this section, all of the provisions of this title applicable

to highways on the Federal-aid system on which

such development highway is located except

those which the Secretary determines are inconsistent with this section shall apply to development highways and to funds authorized to carry

out this section. For the purposes of sections

105, 106, and 118 of this title, funds authorized to

carry out this section shall be deemed to be apportioned on January 1 next preceding the commencement of the fiscal year for which authorized. No State shall receive in any fiscal year

more than 15 per centum of the funds authorized

to carry out this section for such fiscal year.

(e) Except as otherwise provided in subsection

(c) of this section, 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.

(f)(1) Except in the case of a project subject to

paragraph (2) of this subsection, no project shall

be approved by the Secretary under this section

until he has determined that such project will

promote the aims and purposes set forth in subsection (a) of this section and that the economic

growth center to be benefited will meet such criteria as he, after consultation with the Secretary of Commerce, deems necessary, including, but not limited to, the following: (1) growth

centers shall be geographically and economically capable of contributing significantly to

the development of the area, and (2) growth centers shall have a population not in excess of one

hundred thousand according to the latest available Federal census. In approving projects the

Secretary shall give preference to those areas

offering the most potential for future economic

growth.

(2) In the case of a project proposed to be conducted within the Appalachian region as defined

in section 403 of the Appalachian Regional Development Act of 1965, no project shall be approved by the Secretary under this section until

he shall have consulted with the Federal Cochairman of the Appalachian Regional Commission. In the case of a project proposed to be conducted within an economic development region