§ 218 TITLE 23—HIGHWAYS Page 150

plans shall provide due consideration for safety

and contiguous routes.

(h) USE OF MOTORIZED VEHICLES.—No motorized vehicles shall be permitted on trails and pedestrian walkways under this section, except

for—

(1) maintenance purposes;

(2) when snow conditions and State or local

regulations permit, snowmobiles;

(3) when State and local regulations permit,

motorized wheelchairs; and

(4) such other circumstances as the Secretary deems appropriate.

(i) TRANSPORTATION PURPOSE.—No bicycle

project may be carried out under this section

unless the Secretary has determined that such

bicycle project will be principally for transportation, rather than recreation, purposes.

(j) BICYCLE TRANSPORTATION FACILITY DEFINED.—For purposes of this section, a ‘‘bicycle

transportation facility’’ means new or improved

lanes, paths, or shoulders for use by bicyclists,

traffic control devices, shelters, and parking facilities for bicycles.

(Added Pub. L. 93–87, title I, §124(a), Aug. 13,

1973, 87 Stat. 262; amended Pub. L. 94–280, title I,

§134, May 5, 1976, 90 Stat. 441; Pub. L. 95–599,

title I, §141(h), Nov. 6, 1978, 92 Stat. 2712; Pub. L.

97–424, title I, §126A, formerly §126, Jan. 6, 1983,

96 Stat. 2116, renumbered §126A, Pub. L. 100–17,

title I, §133(a)(2), Apr. 2, 1987, 101 Stat. 170; Pub.

L. 100–17, title I, §127, Apr. 2, 1987, 101 Stat. 167;

Pub. L. 102–240, title I, §1033, Dec. 18, 1991, 105

Stat. 1975; Pub. L. 104–59, title III, §310(b), Nov.

28, 1995, 109 Stat. 582.)

AMENDMENTS

1995—Subsec. (f). Pub. L. 104–59 substituted ‘‘determined in accordance with section 120(b)’’ for ‘‘80 percent’’.

1991—Pub. L. 102–240 substituted ‘‘walkways’’ for

‘‘walkway’’ in section catchline and amended text generally, substituting present provisions for provisions

authorizing States to construct pedestrian walkways

and bicycle lanes, paths, etc., as Federal-aid highway

projects, relating to safe accommodation of bicycles on

bridge with deck replaced or rehabilitated with Federal

participation, prohibiting bicycle project under this

section unless principally for transportation purposes,

deeming walkway and bicycle projects as highway

projects and setting Federal share at 100 per centum,

allowing use of funds authorized for forest highways,

forest development roads and trails, etc., for construction of walkways and bicycle routes, prohibiting use of

motor vehicles on trails and walkways, and relating to

obligation of funds.

1987—Subsec. (b)(1). Pub. L. 100–17 inserted ‘‘and sums

apportioned or allocated for highway substitute

projects in accordance with section 103(e)(4) of this

title’’ after ‘‘title’’ in second sentence.

1983—Subsec. (a). Pub. L. 97–424 designated as subsec.

(a) that portion of former subsec. (a) relating to pedestrian walkways. Remainder of former subsec. (a) relating to bicycles was redesignated (b)(1).

Subsec. (b). Pub. L. 97–424 redesignated as par. (1)

that portion of former subsec. (a) relating to bicycles

and added pars. (2) and (3). Provisions of former subsec.

(b) relating to pedestrian walkways and bicycles

projects were redesignated (c) and (d), respectively.

Subsec. (c). Pub. L. 97–424 redesignated as subsec. (c)

that portion of former subsec. (b) relating to pedestrian

walkways. Provisions of former subsec. (c) relating to

pedestrian walkways and to bicycle routes were redesignated (e) and (f), respectively.

Subsec. (d). Pub. L. 97–424 redesignated as subsec. (d)

that portion of former subsec. (b) relating to bicycle

projects. Former subsec. (d) redesignated (g).

Subsec. (e). Pub. L. 97–424 redesignated as subsec. (e)

that portion of former subsec. (c) relating to pedestrian

walkways. Former subsec. (e) redesignated (h) and

amended.

Subsec. (f). Pub. L. 97–424 redesignated as subsec. (f)

that portion of former subsec. (c) relating to bicycle

routes.

Subsec. (g). Pub. L. 97–424 redesignated former subsec.

(d) as (g).

Subsec. (h). Pub. L. 97–424 redesignated former subsec. (e) as (h), substituted reference to subsecs. (a), (b),

(e), and (f) of this section for reference to former subsecs. (a) and (c), and substituted provision that no

State shall obligate more than $4,500,000 for such

projects in any fiscal year, except that the Secretary

may, upon application, waive this limitation for a

State for any fiscal year for provision that no State

was to obligate more than $2,500,000 for such projects

for any fiscal year.

1978—Subsec. (a). Pub. L. 95–599 inserted provision relating to energy conservation and struck out requirement that such construction be in conjunction with

Federal-aid highways.

1976—Subsec. (e). Pub. L. 94–280 substituted

‘‘$45,000,000’’ for ‘‘$40,000,000’’ and ‘‘$2,500,000’’ for

‘‘$2,000,000’’.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102–240 effective Dec. 18, 1991,

and applicable to funds authorized to be appropriated

or made available after Sept. 30, 1991, and, with certain

exceptions, not applicable to funds appropriated or

made available on or before Sept. 30, 1991, see section

1100 of Pub. L. 102–240, set out as a note under section

104 of this title.

ENERGY CONSERVATION BICYCLE TRANSPORTATION

PROGRAM; REPORT

Pub. L. 95–619, title VI, §682, Nov. 9, 1978, 92 Stat. 3287,

set forth findings respecting an energy conservation bicycle transportation program and required a study and

report not more than one year after Nov. 9, 1978, by the

Secretary of Transportation for bicycle use potential,

etc.

BIKEWAY CONSTRUCTION PROJECTS

Section 141(a)–(e), (i) of Pub. L. 95–599, related to establishment by Secretary of design and construction

standards for bikeway construction projects and to

grants to States for bikeway construction projects,

prior to repeal by Pub. L. 100–17, title I, §133(e)(2), Apr.

2, 1987, 101 Stat. 173.

BIKEWAY DEMONSTRATION PROGRAM

Pub. L. 93–643, §119, Jan. 4, 1975, 88 Stat. 2288, authorized grants to States for demonstration projects for

construction of bikeways, prior to repeal by Pub. L.

100–17, title I, §133(e)(2), Apr. 2, 1987, 101 Stat. 173.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 133 of this

title.

§ 218. Alaska Highway

(a) Recognizing the benefits that will accrue

to the State of Alaska and to the United States

from the reconstruction of the Alaska Highway

from the Alaskan border to Haines Junction in

Canada and the Haines Cutoff Highway from

Haines Junction in Canada to the south Alaskan

border, the Secretary is authorized out of the

funds appropriated for the purpose of this section to provide for necessary reconstruction of

such highway. Such appropriations shall remain
Page 151 TITLE 23—HIGHWAYS [§ 219

available until expended. Notwithstanding any

other provision of law, in addition to such funds,

upon agreement with the State of Alaska, the

Secretary is authorized to expend on such highway any Federal-aid highway funds apportioned

to the State of Alaska under this title at a Federal share of 100 per centum. Notwithstanding

any other provision of law, any obligation limitation enacted for fiscal year 1983 or for any

other fiscal year thereafter shall not apply to

projects authorized by the preceding sentence.

No expenditures shall be made for the construction of such highways until an agreement has

been reached by the Government of Canada and

the Government of the United States which

shall provide, in part, that the Canadian Government—

(1) will provide, without participation of

funds authorized under this title, all necessary

right-of-way for the reconstruction of such

highways;

(2) will not impose any highway toll, or permit any such toll to be charged for the use of

such highways by vehicles or persons;

(3) will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use

of such highways by vehicles or persons from

the United States that does not apply equally

to vehicles or persons of Canada;

(4) will continue to grant reciprocal recognition of vehicle registration and drivers’ licenses in accordance with agreements between

the United States and Canada; and

(5) will maintain such highways after their

completion in proper condition adequately to

serve the needs of present and future traffic.

(b) The survey and construction work undertaken pursuant to this section shall be under

the general supervision of the Secretary.

(Added Pub. L. 93–87, title I, §127(a)(1), Aug. 13,

1973, 87 Stat. 264; amended Pub. L. 94–147, Dec.

12, 1975, 89 Stat. 803; Pub. L. 97–424, title I, §158,

Jan. 6, 1983, 96 Stat. 2135.)

AMENDMENTS

1983—Subsec. (a). Pub. L. 97–424 inserted provision

that notwithstanding any other provision of law, upon

agreement with the State of Alaska, the Secretary is

authorized to expend on the highway any Federal-aid

highway funds apportioned to the State of Alaska

under this title at a Federal share of 100 per centum,

and that any obligation limitation enacted for fiscal

year 1983 or for any other fiscal year thereafter shall

not apply to such projects.

1975—Subsec. (a)(1). Pub. L. 94–147 struck out provision requiring that the right-of-way granted by the Canadian Government shall forever be held inviolate as

part of such highways in public use.

ALASKAN ROADS STUDY; INVESTIGATION; REPORT TO

CONGRESS

Pub. L. 94–280, title I, §151, May 5, 1976, 90 Stat. 448,

provided that:

‘‘(a) The Secretary of Transportation is authorized to

undertake an investigation and study to determine the

cost of, and the responsibility for, repairing the damage

to Alaska highways that has been or will be caused by

heavy truck traffic during construction of the transAlaska pipeline and to restore them to proper standards when construction is complete. The Secretary of

Transportation shall report his initial findings to the

Congress on or before September 30, 1976, and his final

conclusions on rebuilding costs no later than three

months after completion of pipeline construction.

‘‘(b) There is hereby authorized to be appropriated,

out of any money in the Treasury not otherwise appropriated, to be available until expended, the sum of

$200,000 for the purpose of making the study authorized

by subsection (a) of this section.’’

APPROPRIATIONS AUTHORIZATION

Section 127(b) of Pub. L. 93–87 provided that: ‘‘For the

purpose of completing necessary reconstruction of the

Alaska Highway from the Alaskan border to Haines

Junction in Canada and the Haines Cutoff Highway

from Haines Junction in Canada to the south Alaskan

border there is authorized to be appropriated the sum

of $58,670,000 to be expended in accordance with the provisions of section 218 of title 23 of the United States

Code.’’

[§ 219. Repealed. Pub. L. 100–17, title I, § 133(e)(1),

Apr. 2, 1987, 101 Stat. 173]

Section, added Pub. L. 93–643, §122(a), Jan. 4, 1975, 88

Stat. 2289; amended Pub. L. 94–280, title I, §135(a), May

5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, §168(d), Nov.

6, 1978, 92 Stat. 2723; Pub. L. 96–106, §10(a), Nov. 9, 1979,

93 Stat. 798, related to projects for safer off-system

roads.

CHAPTER 3—GENERAL PROVISIONS

Sec.

301. Freedom from tolls.

302. State highway department.

303. Management systems.

304. Participation by small business enterprises.

305. Archeological and paleontological salvage.

306. Mapping.

307. Research and planning.

308. Cooperation with Federal and State agencies

and foreign countries.

309. Cooperation with other American Republics.

310. Civil Defense

311. Highway improvements strategically important to the national defense.

312. Detail of Army, Navy, and Air Force officers.

[313. Repealed.]

314. Relief of employees in hazardous work.

315. Rules, regulations, and recommendations.

316. Consent by United States to conveyance of

property.

317. Appropriation for highway purposes of lands

or interests in lands owned by the United

States.

318. Highway relocation due to airport.

319. Landscaping and scenic enhancement.

320. Bridges on Federal dams.

321. National Highway Institute.

[322. Repealed.]

323. Donations.

324. Prohibition of discrimination on the basis of

sex.

325. International highway transportation outreach program.

326. Education and training program.

AMENDMENTS

1991—Pub. L. 102–240, title I, §1034(b), title VI,

§§6003(b), 6004(b), Dec. 18, 1991, 105 Stat. 1978, 2168, 2169,

added items 303, 325, and 326.

1987—Pub. L. 100–17, title I, §133(e)(1), Apr. 2, 1987, 101

Stat. 173, struck out item 322 ‘‘Demonstration project—

rail crossings’’.

1983—Pub. L. 97–449, §5(d)(2), Jan. 12, 1983, 96 Stat.

2442, struck out item 303 ‘‘Bureau organization’’.

1973—Pub. L. 93–87, title I, §§145(b), 162(b), Aug. 13,

1973, 87 Stat. 273, 280, added items 323 and 324.

1970—Pub. L. 91–605, title I, §115(b), title II, §205(b),

Dec. 31, 1970, 84 Stat. 1723, 1743, added items 321 and 322.

1966—Pub. L. 89–564, title I, §102(b)(2), Sept. 9, 1966, 80

Stat. 735, struck out item 313 relating to Highway Safety Conference.