Page 141 TITLE 23—HIGHWAYS § 202

1So in original. Does not conform to section catchline.

Sec.

202. Allocations.

203. Availability of funds.

204. Federal lands highways program.1

205. Forest development roads and trails.

206. Repealed.

207. Repealed.

208. Repealed.

209. Repealed.

210. Defense access roads.

[211. Repealed.]

212. Inter-American Highway.

[213. Repealed.]

214. Public lands development roads and trails.

215. Territories highway development program.1

216. Darien Gap Highway.

217. Bicycle transportation and pedestrian walkways.

218. Alaska Highway.

[219. Repealed.]

AMENDMENTS

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

Stat. 173, struck out items 211 ‘‘Timber access road

hearings’’, 213 ‘‘Rama Road’’, and 219 ‘‘Safer of off-system roads’’.

1983—Pub. L. 97–424, title I, §126(e)(1), Jan. 6, 1983, 96

Stat. 2115, substituted ‘‘Allocations’’ for ‘‘Apportionment for allocation’’ in item 202.

Pub. L. 97–424, title I, §126(e)(2), Jan. 6, 1983, 96 Stat.

2115, substituted ‘‘Federal lands highways programs’’

for ‘‘Forest highways’’ in item 204.

Pub. L. 97–424, title I, §126(e)(3), Jan. 6, 1983, 96 Stat.

2116, substituted ‘‘Repealed’’ in items 206 through 209

which read ‘‘Park roads and trails’’, ‘‘Parkways’’, ‘‘Indian reservation roads’’, ‘‘Public lands highways’’, respectively.

1976—Pub. L. 94–280, title I, §135(b), May 5, 1976, 90

Stat. 442, substituted item 219 ‘‘Safer of off-system

roads’’ for ‘‘Off-system roads’’.

1975—Pub. L. 93–643, §122(b), Jan. 4, 1975, 88 Stat. 2290,

added item 219.

1973—Pub. L. 93–87, title I, §§124(b), 127(a)(2), Aug. 13,

1973, 87 Stat. 262, 264, added items 217 and 218.

1970—Pub. L. 91–605, title I, §§112(b), 113(b), Dec. 31,

1970, 84 Stat. 1721, 1722, added items 215 and 216.

1962—Pub. L. 87–866, §6(c), Oct. 23, 1962, 76 Stat. 1147,

added item 214.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 101, 144, 317 of

this title.

§ 201. Authorizations

The provision of this title shall apply to all

unappropriated authorizations contained in

prior Acts, and also to all unexpended appropriations heretofore made, providing for the expenditure of Federal funds on the following classes of

highways: Forest highways, forest development

roads and trails, park road, parkways, Indian

reservation roads, public lands highways, and

defense access roads. 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.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Pub. L.

97–424, title I, §126(f), Jan. 6, 1983, 96 Stat. 2116.)

AMENDMENTS

1983—Pub. L. 97–424 substituted ‘‘park road’’ for

‘‘park roads and trails’’ after ‘‘forest development

roads and trails,’’.

§ 202. Allocations

(a) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be

appropriated for such fiscal year for forest development roads and trails according to the relative needs of the various national forests. Such

allocation shall be consistent with the renewable resource and land use planning for the various national forests.

(b) On October 1 of each fiscal year, the Secretary shall allocate 34 percent of the sums authorized to be appropriated for such fiscal year

for public lands highways among those States

having unappropriated or unreserved public

lands, nontaxable Indian lands or other Federal

reservations, on the basis of need in such States,

respectively, as determined by the Secretary

upon application of the State highway departments of the respective States. The Secretary

shall give preference to those projects which are

significantly impacted by Federal land and resource management activities which are proposed by a State which contains at least 3 percent of the total public lands in the Nation. The

Secretary shall allocate 66 percent of the remainder of the authorization for public lands

highways for each fiscal year as is provided in

section 134 of the Federal-Aid Highway Act of

1987, and with respect to these allocations the

Secretary shall give equal consideration to

projects that provide access to and within the

National Forest System, as identified by the

Secretary of Agriculture through renewable resources and land use planning and the impact of

such planning on existing transportation facilities.

(c) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be

appropriated for such fiscal year for park roads

and parkways each according to the relative

needs of the various elements of the national

park system, taking into consideration the need

for access as identified through land use planning and the impact of such planning on existing transportation facilities.

(d) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be

appropriated for such fiscal year for Indian reservation roads according to the relative needs of

the various reservations as jointly identified by

the Secretary and the Secretary of the Interior.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 906; Pub. L.

94–280, title I, §133, May 5, 1976, 90 Stat. 441; Pub.

L. 97–424, title I, §126(a), Jan. 6, 1983, 96 Stat.

2113; Pub. L. 102–240, title I, §1032(a), Dec. 18,

1991, 105 Stat. 1974.)

REFERENCES IN TEXT

Section 134 of the Federal-Aid Highway Act of 1987,

referred to in subsec. (b), is section 134 of Pub. L. 100–17,

which is set out below.

AMENDMENTS

1991—Subsec. (a). Pub. L. 102–240, §1032(a)(1), (2), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: ‘‘On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for forest

highways according to the relative needs of the various

elements of the national forest system as determined

by the Secretary, taking into consideration the need