§ 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-
Page 21 TITLE 23—HIGHWAYS § 103

cipal arterials by the States shall be treated

as being on the National Highway System for

purposes of this title.

(5) DESIGNATION OF NHS.—The National Highway System as submitted by the Secretary of

Transportation on the map entitled ‘‘Official

Submission, National Highway System, Federal Highway Administration’’, and dated November 13, 1995, is hereby designated within

the United States, including the District of

Columbia and the Commonwealth of Puerto

Rico.

(6) MODIFICATIONS TO NHS.—

(A) IN GENERAL.—Subject to paragraph (7),

the Secretary may make modifications to

the National Highway System that are proposed by a State or that are proposed by the

State and revised by the Secretary if the

Secretary determines that each of the modifications—

(i) meets the criteria established for the

National Highway System under this title;

and

(ii) enhances the national transportation

characteristics of the National Highway

System.

(B) COOPERATION.—In proposing modifications under this paragraph, a State shall cooperate with local and regional officials. In

urbanized areas, the local officials shall act

through the metropolitan planning organizations designated for such areas under section

134.

(7) TRANSITIONAL RULES FOR INTERMODAL

CONNECTORS.—

(A) REQUIRED SUBMISSION.—Not later than

180 days after the date of the enactment of

the National Highway System Designation

Act of 1995, the Secretary shall submit for

approval to the Committee on Environment

and Public Works of the Senate and the

Committee on Transportation and Infrastructure of the House of Representatives

modifications to the National Highway System that are proposed by a State or that are

proposed by the State and revised by the

Secretary and that consist of connectors to

major ports, airports, international border

crossings, public transportation and transit

facilities, interstate bus terminals, and rail

and other intermodal transportation facilities.

(B) COOPERATION.—Paragraph (6)(B) shall

apply to modifications proposed by a State

under this paragraph.

(C) ELIGIBILITY.—

(i) INITIAL APPROVAL BY LAW.—Modifications proposed under subparagraph (A)

may take effect only if a law has been enacted approving such modifications.

(ii) INTERIM ELIGIBILITY.—Notwithstanding clause (i), a project to construct a connector to an intermodal transportation facility described in subparagraph (A) shall

be eligible for funds apportioned under section 104(b)(1) for the National Highway

System if the Secretary finds that the

project is consistent with criteria developed by the Secretary for construction of

such connectors.

(iii) PERIOD OF ELIGIBILITY.—A project

which is eligible under clause (ii) for funds

apportioned under section 104(b)(1) shall

remain eligible for such funds pursuant to

clause (ii) only until the date of the enactment of a law described in clause (i).

(D) MODIFICATIONS AFTER INITIAL APPROVAL.—After the date of the enactment of

a law described in subparagraph (C)(i), a

modification consisting of a connector to an

intermodal transportation facility described

in subparagraph (A) may be made in accordance with paragraph (6).

(8) CONGRESSIONAL HIGH PRIORITY CORRIDORS.—Upon the completion of feasibility

studies, the Secretary shall add to the National Highway System any congressional

high priority corridor or any segment thereof

established by section 1105 of the Intermodal

Surface Transportation Efficiency Act of 1991

(105 Stat. 2031–2037) which was not identified

on the National Highway System designated

by paragraph (5).

[(c), (d) Repealed. Pub. L. 102–240, title I,

§1006(b)(1), Dec. 18, 1991, 105 Stat. 1925.]

(e) INTERSTATE SYSTEM.—

(1) DESIGNATION; MILEAGE LIMITATION.—The

Interstate System shall be designated within

the United States, including the District of

Columbia, and, except as provided in paragraphs (2) and (3) of this subsection, it shall

not exceed forty-one thousand miles in total

extent. It shall be so located as to connect by

routes, as direct as practicable, the principal

metropolitan areas, cities, and industrial centers, to serve the national defense, and to the

greatest extent possible, to connect at suitable border points with routes of continental

importance in the Dominion of Canada and the

Republic of Mexico. The routes of this system,

to the greatest extent possible, shall be selected by joint action of the State highway departments of each State and the adjoining

States, subject to the approval by the Secretary as provided in subsection (f) of this section. All highways or routes included in the

Interstate System as finally approved, if not

already coincident with the primary system,

shall be added to said system without regard

to the mileage limitation set forth in subsection (b) of this section. This system may be

located both in rural and urban areas.

(2) MODIFICATIONS.—In addition to the mileage authorized by the first sentence of paragraph (1) of this subsection, there is hereby authorized additional mileage for the Interstate

System of five hundred miles, to be used in

making modifications or revisions in the

Interstate System as provided in this paragraph. Upon the request of a State highway

department the Secretary may withdraw his

approval of any route or portion thereof on the

Interstate System within that State selected

and approved in accordance with this title, if

he determines that such route or portion

thereof is not essential to completion of a unified and connected Interstate System (including urban routes necessary for metropolitan

transportation) and will not be constructed as

a part of the Interstate System, and if he re-
§ 103 TITLE 23—HIGHWAYS Page 22

ceives assurances that the State does not intend to construct a toll road in the traffic corridor which would be served by such route or

portion thereof. After the Secretary has withdrawn his approval of any such route or portion thereof the mileage of such route or portion thereof and the additional mileage authorized by the first sentence of this paragraph shall be available for the designation of

interstate routes or portions thereof as provided in this subsection. The provisions of this

title applicable to the Interstate System shall

apply to all mileage designated under the

third sentence of this paragraph. The Secretary shall not designate any Interstate route

or portion thereof under authority of this

paragraph after the date of enactment of the

Federal Aid Highway Act of 1978.

(3) ADDITIONAL MILEAGE FOR IMPROVED EFFICIENCY.—In addition to the mileage authorized

by paragraphs (1) and (2) of this subsection,

there is hereby authorized additional mileage

of not to exceed 1,500 miles for the designation

of routes in the same manner as set forth in

paragraph (1), in order to improve the efficiency and service of the Interstate System to

better accomplish the purposes of that System.

(4) INTERSTATE SUBSTITUTE PROGRAM.—

(A) WITHDRAWAL OF APPROVAL.—Upon the

joint request of a State Governor and the

local governments concerned, the Secretary

may withdraw approval of any route or portion thereof on the Interstate System which

was selected and approved in accordance

with this title, if the Secretary determines

that such route or portion thereof is not essential to completion of a unified and connected Interstate System and if the Secretary receives assurances that the State

does not intend to construct a toll road in

the traffic corridor which would be served by

the route or portion thereof.

(B) SUBSTITUTE PROJECTS.—When the Secretary withdraws approval under this paragraph, a sum equal to the Federal share of

the cost to complete the withdrawn route or

portion thereof, as that cost is included in

the latest Interstate System cost estimate

approved by Congress, or up to and including

the 1983 interstate cost estimate, whichever

is earlier, subject to increase or decrease, as

determined by the Secretary based on

changes in construction costs of the withdrawn route or portion thereof as of the date

of approval of each substitute project under

this paragraph, or the date of approval of the

1983 interstate cost estimate, whichever is

earlier, shall be available to the Secretary

to incur obligations for the Federal share of

either public mass transit projects involving

the construction of fixed rail facilities or the

purchase of passenger equipment including

rolling stock, for any mode of mass transit,

or both, or highway construction projects on

any public road, or both, which will serve

the area or areas from which the interstate

route or portion thereof was withdrawn,

which are selected by the responsible local

officials of the area or areas to be served,

and which are selected by the Governor or

the Governors of the State or the States in

which the withdrawn route was located if

the withdrawn route was not within an urbanized area or did not pass through and

connect urbanized areas, and which are submitted by the Governors of the States in

which the withdrawn route was located.

Each project constructed under this paragraph on a Federal-aid system shall be subject to the provisions of this title applicable

to such system. Each project constructed

under this paragraph not on a Federal-aid

system shall be subject to the provisions of

this title applicable to projects on the Federal-aid secondary system.

(C) DEADLINE FOR WITHDRAWAL.—The Secretary shall not approve any withdrawal of a

route under this paragraph after September

30, 1983—

(i) except that with respect to any route

which on November 6, 1978, is under judicial injunction prohibiting its construction the Secretary may approve withdrawals until September 30, 1986, and

(ii) except that with respect to any route

which on May 12, 1982, is under judicial injunction prohibiting its construction, the

Secretary may approve withdrawals on

such route until September 30, 1985.

(D) PROJECT APPROVAL; FEDERAL SHARE.—

Approval by the Secretary of the plans, specifications, and estimates for a substitute

project shall be deemed to be a contractual

obligation of the Federal Government. The

Federal share of each substitute project

shall not exceed 85 percent of the cost thereof.

(E) AVAILABILITY OF FUNDS FOR SUBSTITUTE

PROJECTS.—

(i) TIME PERIOD.—The sums apportioned

and the sums allocated under this paragraph for public mass transit projects and

for highway construction projects in a

State shall remain available for obligation

in such State for the fiscal year for which

apportioned or allocated, as the case may

be, and for the succeeding fiscal year. In

the case of funds authorized to be appropriated for substitute transit projects

under this paragraph for fiscal year 1993

and for substitute highway projects under

this paragraph for fiscal year 1995, such

funds shall remain available until expended.

(ii) REAPPORTIONMENT OR REALLOCATION.—Any sums which are apportioned or

allocated to a State and are unobligated

(other than an amount which, by itself, is

insufficient to pay the Federal share of the

cost of a substitute project which has been

submitted by the State to the Secretary

for approval) at the end of the period of

availability established by clause (i) shall

be apportioned or allocated, as the case

may be, among those States which have

obligated all sums (other than such an

amount) apportioned or allocated, as the

case may be, to them. Such reapportionments shall be in accordance with the latest approved or adjusted estimate of the

cost of completing substitute projects, and
Page 23 TITLE 23—HIGHWAYS § 103

1So in original. Probably should be ‘‘, and’’.

2See References in Text note below.

3So in original. Probably should be followed by a comma.

such reallocations shall be at the discretion of the Secretary.

(F) ADMINISTRATION OF TRANSIT FUNDS.—

The sums obligated for mass transit projects

under this paragraph shall become part of,

and be administered through, the Urban

Mass Transportation Fund.

(G) AUTHORIZATION OF APPROPRIATIONS FOR

HIGHWAY PROJECTS.—For the fiscal year ending September 30, 1983, $257,000,000 shall be

available out of the Highway Trust Fund for

expenditure at the discretion of the Secretary for projects under highway assistance

programs. There shall be available, out of

the Highway Trust Fund (other than the

Mass Transit Account), to the Secretary for

expenditure under this paragraph for

projects under highway assistance programs

$700,000,000 per fiscal year for each of fiscal

years 1984 and 1985, $693,825,000 for fiscal year

1986, $740,000,000 per fiscal year for each of

fiscal years 1987, 1988, 1989, 1990, and 1991,1

$240,000,000 per fiscal year for each of fiscal

years 1992, 1993, 1994, and 1995. Such sums

may be obligated for transit substitute

projects under this paragraph.

(H) DISTRIBUTION OF SUBSTITUTE HIGHWAY

FUNDS.—

(i) BETWEEN DISCRETIONARY AND APPORTIONED PROGRAMS.—Subject to section

149(d) of the Federal-Aid Highway Act of

1987, 25 percent of the funds made available

by subparagraph (G) for each of fiscal

years 1984, 1985, 1986, 1987, 1988, 1989, 1990,

and 1991 for substitute highway projects

under this paragraph shall be distributed

at the discretion of the Secretary. The remaining 75 percent of such funds shall be

apportioned in accordance with cost estimates approved by Congress or adjusted by

the Secretary. For each of fiscal years

1992, 1993, 1994, and 1995, all funds made

available by subparagraph (G) shall be apportioned in accordance with cost estimates adjusted by the Secretary.

(ii) FISCAL YEARS 1985, 1986, AND 1987 APPORTIONMENTS.—The Secretary shall make a

revised estimate of the cost of completing

substitute highway projects under this

paragraph and transmit the same to the

Senate and the House of Representatives

within 10 days subsequent to January 2,

1984, and upon approval by Congress, the

Secretary shall use the Federal share of

such approved estimate in making apportionments for substitute highway projects

for fiscal years 1985, 1986, and 1987.

(iii) FISCAL YEARS 1988–1995 APPORTIONMENTS.—The Secretary shall make a revised estimate of the cost of completing

substitute highway projects under this

paragraph and transmit the same to the

Senate and the House of Representatives

as soon as practicable after the date of the

enactment of the Federal-Aid Highway Act

of 1987. Upon approval by Congress, the

Secretary shall use the Federal share of

such approved estimate in making apportionments for substitute highway projects

for fiscal year 1988. If such estimate is not

approved by Congress by September 30,

1987, the Secretary shall adjust such estimate in accordance with this clause and

use the Federal share of the adjusted estimate in making apportionments for fiscal

year 1988. The Secretary shall adjust such

estimate annually thereafter in accordance with this clause and shall use the

Federal share of such adjusted estimate in

making apportionments for substitute

highway projects for fiscal years 1989, 1990,

1991, 1992, 1993, 1994, and 1995. The adjustments required by this clause shall reflect

previous withdrawals of interstate segments, changes in State estimates in the

division of funds between substitute highway and transit projects, amounts made

available in prior fiscal years, and the

availability and reapportionment of funds

under subparagraph (E).

(I) AUTHORIZATION OF APPROPRIATIONS FOR

TRANSIT PROJECTS.—There are authorized to

be appropriated for liquidation of obligations incurred for substitute transit projects

under this paragraph the sums provided in

section 4(g) 2 of the Federal Transit Act.

(J) DISTRIBUTION OF SUBSTITUTE TRANSIT

FUNDS.—

(i) BETWEEN DISCRETIONARY AND APPORTIONED PROGRAMS.—Fifty percent of the

funds appropriated for each fiscal year beginning after September 30, 1983, and ending before October 1, 1991 3 for carrying out

substitute transit projects under this paragraph shall be distributed at the discretion

of the Secretary. The remaining 50 percent

of such funds shall be apportioned in accordance with cost estimates approved by

Congress or adjusted by the Secretary. 100

percent of funds appropriated for each of

fiscal years 1992 and 1993 shall be apportioned in accordance with cost estimates

adjusted by the Secretary.

(ii) FISCAL YEARS 1985, 1986, AND 1987 APPORTIONMENTS.—The Secretary shall make a

revised estimate of the cost of completing

substitute transit projects under this paragraph and transmit the same to the Senate

and the House of Representatives within 10

days subsequent to January 2, 1984, and

upon approval by Congress, the Secretary

shall use the Federal share of such approved estimate in making apportionments for substitute transit projects for

fiscal years 1985, 1986, and 1987.

(iii) FISCAL YEARS 1988–1993 APPORTIONMENTS.—The Secretary shall make a revised estimate of the cost of completing

substitute transit projects under this paragraph and transmit the same to the Senate

and the House of Representatives as soon

as practicable after the date of the enactment of the Federal-Aid Highway Act of

1987. Upon approval by Congress, the Secretary shall use the Federal share of such

approved estimate in making apportion-
§ 103 TITLE 23—HIGHWAYS Page 24

ments for substitute transit projects for

fiscal year 1988. If such estimate is not approved by Congress by September 30, 1987,

the Secretary shall adjust such estimate

in accordance with this clause and use the

Federal share of the adjusted estimate in

making apportionments for fiscal year

1988. The Secretary shall adjust such estimate annually thereafter in accordance

with this clause and shall use the Federal

share of such adjusted estimate in making

apportionments for substitute transit

projects for fiscal years 1989, 1990, 1991,

1992, and 1993. The adjustments required by

this clause shall reflect previous withdrawals of Interstate segments, changes in

State estimates in the division of funds between substitute highway and transit

projects, amounts made available in prior

fiscal years, and the availability and reapportionment of funds under subparagraph (E).

(K) REDUCTION OF INTERSTATE APPORTIONMENT.—

(i) IN GENERAL.—Unobligated apportionments for the Interstate System in any

State where a withdrawal is approved

under this paragraph shall, on the date of

such approval, be reduced in the proportion that the Federal share of the cost of

the withdrawn route or portion thereof

bears to the Federal share of the total cost

of all interstate routes in that State as reflected in the latest cost estimate approved by the Congress.

(ii) EXCEPTION.—In any State where the

withdrawal of an interstate route or portion thereof has been approved under this

section prior to the date of the enactment

of the Federal-Aid Highway Act of 1976,

the unobligated apportionments for the

Interstate System in that State on such

date of enactment shall be reduced in the

proportion that the Federal share of the

cost to complete such route or portion

thereof, as shown in the latest cost estimate approved by Congress prior to such

approval of withdrawal, bears to the Federal share of the cost of all interstate

routes in that State, as shown in such cost

estimate; except that the amount of such

proportional reduction shall be credited

with the amount of any reduction in such

State’s Interstate apportionment which

was attributable to the Federal share of

any substitute project approved under this

paragraph before such date of enactment.

(L) APPLICABILITY OF CHAPTER 53 OF TITLE

49.—

(i) SUPPLEMENTARY FUNDS.—Funds available for expenditure to carry out the purposes of this paragraph shall be supplementary to and not in substitution for

funds authorized and available for obligation pursuant to chapter 53 of title 49.

(ii) LABOR PROTECTION.—The provisions

of section 5323(a)(1)(D) of title 49 shall

apply in carrying out this paragraph.

(M) LIMITATION ON INTERSTATE DESIGNATIONS.—After the date of the enactment of

the Federal-Aid Highway Act of 1978, the

Secretary may not designate any mileage as

part of the Interstate System pursuant to

this paragraph or under any other provision

of law. The preceding sentence shall not

apply to a designation made under section

139 of this title.

(N) OPEN TO TRAFFIC REQUIREMENT.—After

September 30, 1979, the Secretary shall not

withdraw his approval under this paragraph

of any route or portion thereof on the Interstate System open to traffic before the date

of the proposed withdrawal. Any withdrawal

of approval of any such route or portion

thereof before September 30, 1979, is hereby

determined to be authorized by this paragraph.

(O) LIMITATION ON SUBSTITUTION FOR STATUTORILY DESIGNATED ROUTES.—Any route or

segment which was statutorily designated

after March 7, 1978, to be on the Interstate

System shall not be eligible for withdrawal

or substitution under this subsection.

(P) RIGHT-OF-WAY PAYBACK.—

(i) ENFORCEMENT.—Of sums apportioned

or allocated under this paragraph to a

State, the Secretary shall not obligate for

projects in such State an amount equal to

the amount of Federal funds expended to

purchase the right-of-way for any withdrawn route or portion thereof if the rightof-way is not first disposed of (or applied

to a project in accordance with paragraph

(5)(B), (6)(B), or (7)) by the State.

(ii) LIMITATION ON APPLICABILITY.—

Clause (i) shall not apply to sums apportioned or allocated under this paragraph to

a State for a fiscal year if the projected

total amount of funds to be apportioned

and allocated under this paragraph to such

State in succeeding fiscal years exceeds

the amount of Federal funds expended to

purchase the right-of-way.

(iii) RELEASE OF FUNDS.—The Secretary

may obligate for projects in a State under

this paragraph any funds withheld from

obligation in such State if the State repays an equivalent amount in accordance

with paragraph (5)(B), (6)(B), or (7), as the

case may be, or if the Secretary determines that such repayment is not required

under such paragraph.

(5) LIMITATION ON REFUNDS FOR WITHDRAWALS

BEFORE NOVEMBER 6, 1978.—Notwithstanding

any other provision of law, in the case of any

withdrawal of approval before November 6,

1978—

(A) upon the withdrawal of approval of any

route or portion thereof on the Interstate

System under this section, a State, subject

to the approval of the Secretary, shall not be

required to refund to the Highway Trust

Fund any sums paid to the State for intangible costs;

(B) refund will not be required for the

costs of construction items, materials, or

rights-of-way of the withdrawn route or portion of the Interstate System which will be

or have been applied (i) to a transportation

project permissible under this title, (ii) to a

public conservation or public recreation pur-
Page 25 TITLE 23—HIGHWAYS § 103

pose, or (iii) to such other public purpose as

may be determined by the Secretary to be in

the public interest on condition that the

State shall make assurances satisfactory to

the Secretary that such construction items

or materials or rights-of-way have been or

will be so applied by the State of any political subdivision thereof to a project under

clause (i), (ii), or (iii) within 10 years from

the date of the withdrawal of approval.

(6) LIMITATION ON REFUNDS FOR WITHDRAWALS

ON AND AFTER NOVEMBER 6, 1978.—Notwithstanding any other provision of law—

(A) in the case of any withdrawal of approval on or after November 6, 1978, of a

route or portion thereof on the Interstate

System, a State, subject to the approval of

the Secretary, shall not be required to refund to the Highway Trust Fund any sums

paid to the State for intangible costs;

(B) in the case of any withdrawal of approval on or after November 6, 1978, of any

route or portion thereof on the Interstate

System under this section, a State shall not

be required to refund to the Highway Trust

Fund the costs of construction items, materials, or rights-of-way of the withdrawn

route or portion thereof if such items, materials, and rights-of-way were acquired before

November 6, 1978, if by the date of withdrawal of approval the Secretary has not approved the environmental impact statement

required by the National Environmental

Policy Act of 1969, and if such construction

items, materials, or rights-of-way will be or

have been applied (i) to a transportation

project permissible under this title, (ii) to a

public conservation or public recreation purpose, or (iii) to any other public purpose determined by the Secretary to be in the public interest on condition that the State gives

assurances satisfactory to the Secretary

that such construction items, materials, or

rights-of-way have been or will be so applied

by the State, or any political subdivision

thereof, to a project under clause (i), (ii), or

(iii) within ten years from the date of withdrawal of approval.

(7) ADDITIONAL LIMITATION ON REFUNDS.—In

any case where a withdrawal of approval of a

route or portion thereof on the Interstate System on or after November 6, 1978, does not

come within the provisions of paragraph (6)(B)

of this subsection, the State shall refund to

the Highway Trust Fund the costs of construction items, materials, and rights-of-way of the

withdrawn route or portion thereof, except

that if the State gives assurances satisfactory

to the Secretary that such items, materials,

and rights-of-way have been or will be applied

to a transportation project permissible under

this title within ten years from the date of

withdrawal of approval, the amount of such repayment shall be the difference between the

amount received for such items, materials,

and rights-of-way and the amount which

would be received in accordance with the current Federal share applicable to the transportation project to which such items, materials,

and rights-of-way were or are to be applied.

(8) PROTECTION OF PROPERTY RIGHTS.—Nothing in this subsection shall in any way alter

rights under State law of persons owning property within the right-of-way immediately

prior to such property being obtained by the

State. The Federal share of the cost of property sold or otherwise transferred to previous

owners under State law shall be refunded and

credited to the unobligated balance of the

State’s apportionment for interstate highways.

(9) LIMITATION ON FUNDING OF MODIFIED MILEAGE PROJECTS.—Interstate mileage authorized

for any State and withdrawn and transferred

under the provisions of paragraph (2) of this

subsection after the date of enactment of the

Federal-Aid Highway Act of 1976, must be constructed by the State receiving such mileage

as part of its Interstate System. Any State receiving such transfer of mileage may not, with

respect to that transfer, avail itself of the optional use of Interstate funds under the second

sentence of paragraph (4) of this subsection.

(f) The Secretary shall have authority to approve in whole or in part the Interstate System,

as and when such systems or portions thereof

are designated, or to require modifications or revisions thereof.

(g) The Secretary, on July 1, 1974, shall remove

from designation as a part of the Interstate System each segment of such system for which a

State has not notified the Secretary that such

State intends to construct such segment, and

which the Secretary finds is not essential to

completion of a unified and connected Interstate

System. Any segment of the Interstate System,

with respect to which a State has not submitted

by July 1, 1975, a schedule for the expenditure of

funds for completion of construction of such segment or alternative segment within the period

of availability of funds authorized to be appropriated for completion of the Interstate System,

and with respect to which the State has not provided the Secretary with assurances satisfactory

to him that such schedule will be met, shall be

removed from designation as a part of the Interstate System. No segment of the Interstate System removed under the authority of the preceding sentence shall thereafter be designated as a

part of the Interstate System except as the Secretary finds necessary in the interest of national

defense or for other reasons of national interest.

This subsection shall not be applicable to any

segment of the Interstate System referred to in

section 23(a) of the Federal-Aid Highway Act of

1968.

(h) Notwithstanding subsections (e)(2) and (g)

of this section, in any case where a segment of

the Interstate System was a designated part of

such System on June 1, 1973, and is entirely

within the boundaries of an incorporated city

and such city enters into an agreement with the

Secretary to pay all non-Federal costs of construction of such segment, such segment shall

be constructed.

(i) ELIGIBLE PROJECTS FOR NHS.—Subject to

project approval by the Secretary, funds apportioned to a State under section 104(b)(1) for the

National Highway System may be obligated for

any of the following:
§ 103 TITLE 23—HIGHWAYS Page 26

(1) Construction, reconstruction, resurfacing, restoration, and rehabilitation of segments of such system.

(2) Operational improvements for segments

of such system.

(3) Construction of, and operational improvements for, a Federal-aid highway not on

the National Highway System and construction of a transit project eligible for assistance

under chapter 53 of title 49—

(A) if such highway or transit project is in

the same corridor as, and in proximity to, a

fully access controlled highway designated

to the National Highway System;

(B) if the construction or improvements

will improve the level of service on the fully

access controlled highway and improve regional travel; and

(C) if the construction or improvements

are more cost effective than an improvement

to the fully access controlled highway that

has benefits comparable to the benefits

which will be achieved by the construction

of, or improvements to, the highway not on

the National Highway System.

(4) Highway safety improvements for segments of the National Highway System.

(5) Transportation planning in accordance

with sections 134 and 135.

(6) Highway research and planning in accordance with section 307.

(7) Highway-related technology transfer activities.

(8) Capital and operating costs for traffic

monitoring, management, and control facilities and programs.

(9) Fringe and corridor parking facilities.

(10) Carpool and vanpool projects.

(11) Bicycle transportation and pedestrian

walkways in accordance with section 217.

(12) Development and establishment of management systems under section 303.

(13) In accordance with all applicable Federal law and regulations, participation in wetlands mitigation efforts related to projects

funded under this title, which may include

participation in wetlands mitigation banks;

contributions to statewide and regional efforts

to conserve, restore, enhance and create wetlands; and development of statewide and regional wetlands conservation and mitigation

plans, including any such banks, efforts, and

plans authorized pursuant to the Water Resources Development Act of 1990 (including

crediting provisions). Contributions to such

mitigation efforts may take place concurrent

with or in advance of project construction.

Contributions toward these efforts may occur

in advance of project construction only if such

efforts are consistent with all applicable requirements of Federal law and regulations and

State transportation planning processes.

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

86–70, §21(d)(1), June 25, 1959, 73 Stat. 145; Pub. L.

86–624, §17(b), (c), July 12, 1960, 74 Stat. 415; Pub.

L. 87–866, §8(a), Oct. 23, 1962, 76 Stat. 1147; Pub.

L. 90–238, Jan. 2, 1968, 81 Stat. 772; Pub. L. 90–495,

§§14, 21, Aug. 23, 1968, 82 Stat. 822, 826; Pub. L.

91–605, title I, §§106(b), 124, Dec. 31, 1970, 84 Stat.

1716, 1729; Pub. L. 93–87, title I, §§109(a), 110(a),

(b), 137, 148(a)–(c), (e), Aug. 13, 1973, 87 Stat. 255,

256, 268, 274; Pub. L. 93–643, §125, Jan. 4, 1975, 88

Stat. 2290; Pub. L. 94–280, title I, §§109, 110,

111(a), May 5, 1976, 90 Stat. 431, 433; Pub. L.

95–599, title I, §107(a), (b), (f)(1), Nov. 6, 1978, 92

Stat. 2694, 2695; Pub. L. 96–106, §§1, 2(a), (c), Nov.

9, 1979, 93 Stat. 796; Pub. L. 96–144, §2, Dec. 13,

1979, 93 Stat. 1084; Pub. L. 97–424, title I,

§§107(a)–(c)(1), (d), (e), 108(f), Jan. 6, 1983, 96 Stat.

2101–2104; Pub. L. 100–17, title I, §103(b), (f)(1),

Apr. 2, 1987, 101 Stat. 136, 141; Pub. L. 102–240,

title I, §§1006(a), (b), (d), 1011, title III, §3003(b),

Dec. 18, 1991, 105 Stat. 1923, 1925, 1935, 2088; Pub.

L. 103–272, §5(f)(1), July 5, 1994, 108 Stat. 1374;

Pub. L. 103–429, §§3(1), 7(a)(4)(B), Oct. 31, 1994, 108

Stat. 4377, 4389; Pub. L. 104–59, title I, §101, title

III, §301(a), Nov. 28, 1995, 109 Stat. 569, 578; Pub.

L. 104–287, §2, Oct. 11, 1996, 110 Stat. 3388.)

REFERENCES IN TEXT

The date of the enactment of this section, referred to

in subsec. (b)(3)(A), probably means the date of the enactment of Pub. L. 102–240, which amended this section

and was approved Dec. 18, 1991.

Subsection (c) of section 1006 of the Intermodal Surface Transportation Efficiency Act of 1991, referred to

in subsec. (b)(3)(A), is section 1006(c) of Pub. L. 102–240,

which is set out below.

The date of the enactment of the National Highway

System Designation Act of 1995, referred to in subsec.

(b)(7)(A), is the date of enactment of Pub. L. 104–59,

which was approved Nov. 28, 1995.

Section 1105 of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec.

(b)(8), is section 1105 of Pub. L. 102–240, which amended

section 105 of this title and enacted provisions establishing high priority corridors and segments, which are

not classified to the Code.

The date of enactment of the Federal-Aid Highway

Act of 1978, referred to in subsec. (e)(2), (4)(M), means

the date of enactment of Pub. L. 95–599, which was approved Nov. 6, 1978.

Section 149(d) of the Federal-Aid Highway Act of 1987,

referred to in subsec. (e)(4)(H)(i), is section 149(d) of

Pub. L. 100–17, which is not classified to the Code.

The date of the enactment of the Federal-Aid Highway Act of 1987, referred to in subsec. (e)(4)(H)(iii),

(J)(iii), is the date of enactment of title I of Pub. L.

100–17, which was approved Apr. 2, 1987.

Section 4(g) of the Federal Transit Act, referred to in

subsec. (e)(4)(I), was section 4(g) of Pub. L. 88–365, July

9, 1964, 78 Stat. 304, as amended, which was classified to

section 1603(g) of former Title 49, Transportation, prior

to repeal by Pub. L. 102–240, title III, §3006(h)(1), Dec.

18, 1991, 105 Stat. 2090.

The date of enactment of the Federal-Aid Highway

Act of 1976, referred to in subsec. (e)(4)(K)(ii), (9), means

the date of enactment of title I of Pub. L. 94–280, which

was approved May 5, 1976.

The National Environmental Policy Act of 1969, referred to in subsec. (e)(6), is Pub. L. 91–190, Jan. 1, 1970,

83 Stat. 852, as amended, which is classified generally

to chapter 55 (§4321 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Section 23(a) of the Federal-Aid Highway Act of 1968,

referred to in subsec. (g), is section 23(a) of Pub. L.

90–495, Aug. 23, 1968, 82 Stat. 827, which related to the

District of Columbia and which is not classified to the

Code.

The Water Resources Development Act of 1990, referred to in subsec. (i)(13), is Pub. L. 101–640, Nov. 28,

1990, 104 Stat. 4604. For complete classification of this

Act to the Code, see Short Title of 1990 Amendment

note set out under section 2201 of Title 33, Navigation

and Navigable Waters, and Tables.
Page 27 TITLE 23—HIGHWAYS § 103

AMENDMENTS

1996—Subsec. (e)(4)(L). Pub. L. 104–287 substituted

‘‘CHAPTER 53 OF TITLE 49’’ for ‘‘FTA’’ in heading.

1995—Subsec. (b)(3)(C). Pub. L. 104–59, §101(b)(1), substituted ‘‘The’’ for ‘‘For purposes of proposing highways for designation to the National Highway System,

the’’.

Subsec. (b)(3)(D). Pub. L. 104–59, §101(b)(2), substituted ‘‘The’’ for ‘‘In proposing highways for designation to the National Highway System, the’’ and inserted ‘‘on the National Highway System’’ after ‘‘highway mileage’’.

Subsec. (b)(5) to (8). Pub. L. 104–59, §101(a), added

pars. (5) to (8).

Subsec. (i)(8). Pub. L. 104–59, §301(a), added par. (8)

and struck out former par. (8) which read as follows:

‘‘Startup costs for traffic management and control if

such costs are limited to the time period necessary to

achieve operable status but not to exceed 2 years following the date of project approval, if such funds are

not used to replace existing funds.’’

1994—Subsec. (e)(4)(L)(i). Pub. L. 103–272, §5(f)(1)(A),

as amended by Pub. L. 103–429, §7(a)(4)(B), substituted

‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act’’.

Subsec. (e)(4)(L)(ii). Pub. L. 103–272, §5(f)(1)(B), as

amended by Pub. L. 103–429, §7(a)(4)(B), substituted

‘‘section 5323(a)(1)(D) of title 49’’ for ‘‘section 3(e)(4) of

the Federal Transit Act’’.

Subsec. (i)(3). Pub. L. 103–429, §3(1), substituted

‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act’’.

1991—Subsec. (a). Pub. L. 102–240, §1006(a), added subsec. (a) and struck out former subsec. (a) which established and continued four Federal-aid systems: primary, urban, secondary and Interstate.

Subsec. (b). Pub. L. 102–240, §1006(a), added subsec. (b)

and struck out former subsec. (b) which related to Federal-aid primary system.

Subsecs. (c), (d). Pub. L. 102–240, §1006(b)(1), struck

out subsecs. (c) and (d) which related to Federal-aid

secondary system and Federal-aid urban system, respectively.

Subsec. (e)(4)(E)(i). Pub. L. 102–240, §1011(c), inserted

provisions at end specifying that funds authorized to be

appropriated for substitute transit projects for fiscal

year 1993 and for substitute highway projects for fiscal

year 1995 are to remain available until expended.

Subsec. (e)(4)(G). Pub. L. 102–240, §1011(a)(1), struck

out ‘‘and’’ before ‘‘$740,000,000’’, inserted provisions relating to fiscal years 1992 through 1995 and inserted provisions authorizing obligation of sums for transit substitute projects.

Subsec. (e)(4)(H)(i). Pub. L. 102–240, §1011(a)(2)(A), inserted provisions at end relating to apportionment of

funds for fiscal years 1992 through 1995.

Subsec. (e)(4)(H)(iii). Pub. L. 102–240, §1011(a)(2)(B),

(C), substituted ‘‘1988–1995’’ for ‘‘1988, 1989, 1990, and

1991’’ in heading and ‘‘1991, 1992, 1993, 1994, and 1995’’ for

‘‘and 1991’’ in text.

Subsec. (e)(4)(I). Pub. L. 102–240, §3003(b), substituted

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

Act of 1964’’.

Subsec. (e)(4)(J)(i). Pub. L. 102–240, §1011(b)(1), (2), inserted ‘‘and ending before October 1, 1991’’ after ‘‘1983,’’

and provisions at end relating to apportionment of 100

percent of funds appropriated for fiscal years 1992 and

1993.

Subsec. (e)(4)(J)(iii). Pub. L. 102–240, §1011(b)(3), (4),

substituted ‘‘1988–1993’’ for ‘‘1988, 1989, 1990, and 1991’’ in

heading and substituted ‘‘1991, 1992, and 1993’’ for ‘‘and

1991’’ in text.

Subsec. (e)(4)(L). Pub. L. 102–240, §3003(b), substituted

‘‘FTA’’ for ‘‘UMTA’’ in heading and ‘‘Federal Transit

Act’’ for ‘‘Urban Mass Transportation Act of 1964’’ in

cls. (i) and (ii).

Subsec. (f). Pub. L. 102–240, §1006(b)(2), struck out

‘‘the Federal-aid primary system, the Federal-aid secondary system, the Federal-aid urban system, and’’ before ‘‘the Interstate System’’ and struck out at end

‘‘No Federal-aid system or portion thereof shall be eligible for projects in which Federal funds participate

until approved by the Secretary.’’

Subsec. (i). Pub. L. 102–240, §1006(d), added subsec. (i).

1987—Subsec. (e). Pub. L. 100–17, §103(f)(1)(A)–(D),

(H)–(J), inserted heading, indented par. (1) and aligned

such par. and pars. (2), (3), and (5) to (9) with par. (4),

as amended, and inserted headings for pars. (1) to (3),

(8), and (9).

Subsec. (e)(4). Pub. L. 100–17, §103(b), amended par. (4)

generally, revising and restating as subpars. (A) to (P)

provisions formerly contained in a single paragraph.

Subsec. (e)(5). Pub. L. 100–17, §103(f)(1)(E), (K), inserted heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4), and substituted ‘‘withdrawal of approval.’’ for ‘‘withdrawal of approval; and’’ in subpar.

(B).

Subsec. (e)(6). Pub. L. 100–17, §103(f)(1)(F), (K), inserted heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4), and substituted ‘‘withdrawal of approval.’’ for ‘‘withdrawal of approval;’’ in subpar. (B).

Subsec. (e)(7). Pub. L. 100–17, §103(f)(1)(G), inserted

heading and substituted ‘‘are to be applied.’’ for ‘‘are to

be applied; and’’.

1983—Subsec. (b)(1). Pub. L. 97–424, §108(f), substituted

‘‘Puerto Rico, the Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Mariana Islands’’ for ‘‘or Puerto Rico’’ after ‘‘Hawaii, Alaska,’’.

Subsec. (e)(4). Pub. L. 97–424, §107(a)(1), struck out

eighth sentence and substituted provision relating to

authorizations and apportionment of funds for fiscal

years ending Sept. 30, 1983, through Sept. 30, 1986, and

relating to substitute highway projects and substitute

transit projects for provision that there were authorized to be appropriated for liquidation of the obligations incurred under this paragraph such sums as might

be necessary out of the general fund of the Treasury.

Pub. L. 97–424, §107(a)(2), struck out sixth sentence

and substituted provisions relating to the period of

availability of sums apportioned under this paragraph

and of sums available for obligation and the disposition

of funds apportioned to a State and unobligated for provision that the sums available for obligation would remain available until obligated.

Pub. L. 97–424, §107(b), inserted at end provision that

any route or segment thereof which was statutorily designed after March 7, 1978, to be on the Interstate System shall not be eligible for withdrawal or substitution

under this subsection.

Pub. L. 97–424, §107(c)(1)(A), inserted ‘‘or up to and including the 1983 interstate cost estimate, whichever is

earlier,’’ after ‘‘approved by Congress,’’ and before

‘‘subject to increase or decrease’’ in provision in second

sentence relating to the action of the Secretary in

withdrawing his approval under this paragraph.

Pub. L. 97–424, §107(c)(1)(B), struck out ‘‘the date of

enactment of the Federal-Aid Highway Act of 1976 or’’

after ‘‘portion thereof as of’’, and ‘‘whichever is later,

and in accordance with the design of the route or portion thereof that is the basis of the latest cost estimate’’ after ‘‘substitute project under this paragraph,’’

in provision in second sentence relating to the action of

the Secretary in withdrawing his approval under this

paragraph.

Pub. L. 97–424, §107(c)(1)(C), inserted ‘‘or the date of

approval of the 1983 interstate cost estimate, whichever

is earlier,’’ after ‘‘approval of each substitute project

under this paragraph’’ in provision in second sentence

relating to the action of the Secretary in withdrawing

his approval under this paragraph.

Pub. L. 97–424, §107(d), inserted provision in third sentence that except with respect to any route which on

May 12, 1982, is under judicial injunction prohibiting its

construction the Secretary may approve substitute

projects and withdrawals on such route until Sept. 30,

1985.

Pub. L. 97–424, §107(e)(1), struck out ‘‘which is within

an urbanized area or which passes through and connects urbanized areas within a State and’’ after ‘‘portion thereof on the Interstate System’’ in first sentence.
§ 103 TITLE 23—HIGHWAYS Page 28

Pub. L. 97–424, §107(e)(2), substituted ‘‘which will

serve the area or areas from which the interstate route

or portion thereof was withdrawn, which are selected

by the responsible local officials of the area or areas to

be served, and which are selected by the Governor or

the Governors of the State or the States in which the

withdrawn route was located if the withdrawn route

was not within an urbanized area or did not pass

through and connect urbanized areas, and which are

submitted by the Governors of the States in which the

withdrawn route was located’’, for ‘‘which will serve

the urbanized area and the connecting nonurbanized

area corridor from which the interstate route or portion thereof was withdrawn, which are selected by the

responsible local officials of the urbanized area or area

to be served, and which are submitted by the Governor

of the State in which the withdrawn route was located’’, after ‘‘section 103 of this title; or both,’’ in second sentence.

1979—Subsec. (e)(4). Pub. L. 96–144 provided that after

Sept. 30, 1979, the Secretary shall not withdraw his approval under par. (4) of any route or portion thereof on

the Interstate System open to traffic before the date of

the proposed withdrawal, and that any withdrawal of

approval of any such route or portion thereof before

Sept. 30, 1979, is determined to be authorized by par. (4).

Pub. L. 96–106, §1, inserted provision that the preceding sentence not apply to a designation made under

section 139 of this title.

Subsec. (e)(5). Pub. L. 96–106, §2(a), inserted ‘‘, in the

case of any withdrawal of approval before November 6,

1978’’ after ‘‘any other provision of law’’.

Subsec. (e)(6) to (9). Pub. L. 96–106, §2(c), added pars.

(6) and (7) and redesignated former pars. (6) and (7) as

(8) and (9), respectively.

1978—Subsec. (e)(2). Pub. L. 95–599, §107(a)(1), substituted provisions relating to the deadline for designation of Interstate routes for provisions relating to maximum costs of all mileage and granting of preferences.

Subsec. (e)(4). Pub. L. 95–599, §107(a)(2), (b), (f)(1)(A),

substituted provision setting the maximum Federal

share at 85 per cent of the cost of the substitute project

for provision stating that the share would be determined in accordance with section 120 of this title, inserted provisions relating to deadline for approval by

Secretary and designation of mileage, and struck out

provision relating to withdrawal of approval.

Subsec. (e)(5) to (7). Pub. L. 95–599, §107(f)(1)(B), (C),

redesignated par. (5) as (7) and added pars. (5) and (6).

1976—Subsec. (e)(2). Pub. L. 94–280, §§109(a), 111(a),

struck out from second sentence ‘‘prior to the enactment of this paragraph’’ after ‘‘with this title,’’ and in

fourth sentence, substituted provision respecting limitation of cost to United States for aggregate of mileage

for route withdrawals which read as follows: ‘‘or if the

cost of any such withdrawn route was not included in

such 1972 Interstate System cost estimate, the cost of

such withdrawn route as set forth in the last Interstate

System cost estimate before such 1972 cost estimate

which was approved by Congress and which included

the cost of such withdrawn route, increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such

route or portion thereof, which, (i) in the case of a

withdrawn route the cost of which was not included in

the 1972 cost estimate but in an earlier cost estimate,

have occurred between such earlier cost estimate and

the date of enactment of the Federal-Aid Highway Act

of 1976, and (ii) in the case of a withdrawn route the

cost of which was included in the 1972 cost estimate,

have occurred between the 1972 cost estimate and the

date of enactment of the Federal-Aid Highway Act of

1976, or the date of withdrawal of approval, whichever

date is later, and in each case costs shall be based on

that design of such route or portion thereof which is

the basis of the applicable cost estimate’’ for ‘‘increased or decreased, as the case may be, as determined

by the Secretary, based on changes in construction

costs of such route or portion thereof as of the date of

withdrawal of approval under this paragraph and in accordance with that design of such route or portion

thereof which is the basis of such 1972 cost estimate.’’

Subsec. (e)(4). Pub. L. 94–280, §110(a), in revising par.

(4), substituting provisions set out in text for prior provisions set out in note hereunder, among other

changes: authorized the Secretary to withdraw approval of route or portion thereof on Interstate System

which passes through and connects urbanized areas

within a State and to incur obligations for Federal

share of projects authorized under any highway assistance program under section 103 of this title; provided

for determination of Federal share of substitute

projects as provided in section 120 of this title applicable to the highway program of which the substitute

project is a part; made specific reference to section 4 of,

for prior general reference to, Urban Mass Transportation Act of 1964, as source of Federal share for mass

transit projects; authorized sums available for obligation to remain available until obligated; made sums obligated for mass transit projects part of, to be administered through, Urban Mass Transportation Fund; authorized appropriations out of general fund of the

Treasury for liquidation of obligations incurred under

this paragraph; made amended par. (4) effective Aug. 13,

1973; and deleted provisions making route withdrawn

mileage available for designation on Interstate System

in any other State, prohibition against obligation

under this paragraph of general funds after June 30,

1981, and requirement that for nonhighway public mass

transit project, the Secretary receive State assurance

that public mass transportation system will fully utilize the proposed project.

Pub. L. 94–280, §110(b), inserted provision for application of sums to a permissible transportation project

when paid to a State for a route or portion of the Interstate System in event of withdrawal of approval for the

route or portion instead of making of refund to Highway Trust Fund.

Subsec. (e)(5). Pub. L. 94–280, §109(b), added par. (5).

1975—Subsec. (e)(2), (4). Pub. L. 93–643 inserted

‘‘, increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof as of the

date of withdrawal of approval under this paragraph

and in accordance with that design of such route or

portion thereof which is the basis of such 1972 cost estimate’’ after ‘‘House Report Numbered 92–1443’’.

1973—Subsec. (b). Pub. L. 93–87, §148(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (c). Pub. L. 93–87, §148(b), (e), designated existing provisions as par. (1), inserted ‘‘access roads to

airports,’’ after ‘‘local rural roads’’, and added par. (2).

Subsec. (d)(1). Pub. L. 93–87, §§109(a), 148(c), authorized establishment of Federal-aid urban system in such

other urban areas as the State highway department

may designate, substituted ‘‘shall include high traffic

volume arterial and collector routes, including access

roads to airports and other transportation terminals’’

for ‘‘designed taking into consideration the highest

traffic volume corridors, and the longest trips within

such area and shall be selected so as to best serve the

goals and objectives of the community as determined

by the responsible local officials of such urbanized area

based upon the planning process required pursuant to

the provisions of section 134 of this title’’, reenacted

third sentence without change, inserted ‘‘to the extent

feasible’’ in the text reading ‘‘Each route of the system

to the extent feasible shall connect with another

route’’, substituted ‘‘Routes . . . shall be selected by

the appropriate local officials so as to serve the goals

and objectives of the community, with the concurrence

of the State highway departments, and, in urbanized

areas, also in accordance with the planning process

under section 134 of this title’’ for ‘‘Routes . . . shall be

selected by the appropriate local officials and the State

highway departments in cooperation with each other

subject to the approval of the Secretary as provided in

subsection (f) of this section’’, and inserted preceding

last sentence ‘‘Designation of the Federal-aid urban

system shall be subject to the approval of the Sec-
Page 29 TITLE 23—HIGHWAYS § 103

retary as provided in subsection (f) of this section’’, and

designated provisions, as amended, as par. (1), respectively.

Subsec. (d)(2). Pub. L. 93–87, §148(c), added par. (2).

Subsec. (e)(2). Pub. L. 93–87, §137(a), substituted in

first sentence ‘‘additional mileage for the Interstate

System of five hundred miles’’ for ‘‘additional mileage

for the Interstate System of two hundred miles’’; in

fourth sentence ‘‘1972 Interstate System cost estimate

set forth in House Public Works Committee Print Numbered 92–29, as revised in House Report Numbered

92–1443’’ for ‘‘1968 Interstate System cost estimate set

forth in House Document Numbered 199, Ninetieth Congress, as revised’’; and in fifth sentence ‘‘preference,

along with due regard for interstate highway type

needs on a nationwide basis,’’ for ‘‘due regard’’, respectively.

Subsec. (e)(4). Pub. L. 93–87, §137(b), added par. (4).

Subsec. (g). Pub. L. 93–87, §110(a), substituted first

sentence reading ‘‘the Secretary, on July 1, 1974, shall

remove from designation as a part of the Interstate

System each segment of such system for which a State

has not notified the Secretary that such State intends

to construct such segment, and which the Secretary

finds is not essential to completion of a unified and

connected Interstate System.’’ for ‘‘The Secretary, on

July 1, 1973, shall remove from designation as a part of

the Interstate System every segment of such System

for which a State has not established a schedule for the

expenditure of funds for completion of construction of

such segment within the period of availability of funds

authorized to be appropriated for completion of the

Interstate System, and with respect to which the State

has not provided the Secretary with assurances satisfactory to him that such schedule will be met.’’; deleted former second sentence reading ‘‘Nothing in the

preceding sentence shall be construed to prohibit the

substitution prior to July 1, 1973, of alternative segments of the Interstate System which will meet the requirements of this title.’’; substituted ‘‘Any segment of

the Interstate System, with respect to which a State

has not submitted by July 1, 1975, a schedule for the expenditure of funds for completion of construction of

such segment or alternative segment within the period

of availability of funds authorized to be appropriated

for completion of the Interstate System, and with respect to which the State has not provided the Secretary with assurances satisfactory to him such schedule will be met,’’ for ‘‘Any segment of the Interstate

System with respect to which a State has not submitted plans, specifications, and estimates for approval by

the Secretary by July 1, 1975,’’ before ‘‘shall be removed

from designation as a part of the Interstate System’’;

authorized the Secretary to designate as a part of the

Interstate System any segment previously removed

from the System when necessary in the interest of national defense or for other reasons of national interest;

and made subsec. (g) inapplicable to any segment of the

Interstate System referred to in section 23(a) of the

Federal-Aid Highway Act of 1968.

Subsec. (h). Pub. L. 93–87, §110(b), added subsec. (h).

1970—Subsec. (a). Pub. L. 91–605, §106(b)(3), substituted ‘‘four’’ for ‘‘three’’ and added the urban system

to the list of Federal-aid systems.

Subsecs. (b), (c). Pub. L. 91–605, §106(b)(1), substituted

‘‘subsection (f)’’ for ‘‘subsection (e)’’.

Subsecs. (d), (e). Pub. L. 91–605, §106(b)(1), added subsec. (d), redesignated former subsec. (d) as (e) and substituted ‘‘subsection (f)’’ for ‘‘subsection (e)’’. Former

subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 91–605, §106(b)(1), (2), redesignated

former subsec. (e) as (f) and inserted reference to Federal-aid urban system.

Subsec. (g). Pub. L. 91–605, §124, added subsec. (g).

1968—Subsec. (d)(1). Pub. L. 90–495, §14(a), inserted

provision making allowance for an exception in pars.

(2) and (3) to the forty-one thousand mile total extent

of the Interstate system.

Subsec. (d)(2). Pub. L. 90–495, §21, substituted ‘‘1968

Interstate System cost estimate set forth in House

Document Numbered 199, Ninetieth Congress, as revised’’ for ‘‘1965 Interstate System cost estimate set

forth in House Document Numbered 42, Eighty-ninth

Congress’’.

Subsec. (d)(3). Pub. L. 90–495, §14(b), added par. (3).

Subsec. (d). Pub. L. 90–238 redesignated existing provision as par. (1) and added par. (2).

1962—Subsec. (c). Pub. L. 87–866 substituted ‘‘This system may be located both in rural and urban areas, but

any extension of the system into urban areas shall be

subject to the condition that such extension pass

through the urban area or connect with another Federal-aid system within the urban area’’ for ‘‘This system shall be confined to rural areas, except (1) that in

any State having a population density of more than

two hundred per square mile as shown by the latest

available Federal census, the system may include mileage in urban areas as well as rural, and (2) that the system may be extended into urban areas subject to the

conditions that any such extension passes through the

urban area or connects with another Federal-aid system within the urban area, and that Federal participation in projects on such extensions is limited to urban

funds’’.

1960—Subsec. (d). Pub. L. 86–624, §17(c), substituted

‘‘within the United States, including the District of Columbia, and’’ for ‘‘within the continental United States

and’’, and inserted ‘‘to the greatest extent possible’’ in

two places.

1959—Subsec. (f). Pub. L. 86–70 repealed subsec. (f)

which related to determination of roads in the Territory of Alaska on which Federal-aid funds could be expended.

Subsec. (g). Pub. L. 86–624, §17(b), repealed subsec. (g)

which provided that the systems of highways on which

funds apportioned to the Territory of Hawaii under this

chapter shall be expended may be determined and

agreed upon by the Governor of said Territory and the

Secretary.

CHANGE OF NAME

Committee on Public Works and Transportation of

House of Representatives treated as referring to Committee on Transportation and Infrastructure of House

of Representatives by section 1(a) of Pub. L. 104–14, set

out as a note preceding section 21 of Title 2, The Congress.

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 sections 1006 and 1011 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.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 107(c) of Pub. L. 95–599 provided that: ‘‘The

amendment made by subsection (a) of this section

[amending this section] shall apply to each route or

portion thereof designated under section 103(e)(2) of

title 23, United States Code, before January 1, 1978, the

construction of which was not complete on such date,

and the Secretary of Transportation shall make such

revisions in existing contracts and agreements as may

be necessary to carry out this section and the amendment made by subsection (a) of this section.’’

Section 107(f)(2) of Pub. L. 95–599, which provided that

the amendments made by section 107(f)(1) of Pub. L.

95–599 to this section apply to any withdrawal of approval before Nov. 6, 1978, was repealed by Pub. L.

96–106, §2(b), Nov. 9, 1979, 93 Stat. 796.
§ 103 TITLE 23—HIGHWAYS Page 30

EFFECTIVE DATE OF 1973 AMENDMENT

Section 110(c) of Pub. L. 93–87 provided that: ‘‘The

amendments made by subsections (a) and (b) of this

section [amending this section] shall take effect June

30, 1973.’’

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90–495 effective Aug. 23, 1968,

see section 37 of Pub. L. 90–495, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 8(b) of Pub. L. 87–866 provided that: ‘‘The

amendment made by subsection (a) of this section

[amending this section] shall apply to apportionments

made before as well as after the date of enactment of

this Act [Oct. 23, 1962].’’

EFFECTIVE DATE OF 1959 AMENDMENT

Section 21(d) of Pub. L. 86–70 provided that the repeal

of subsec. (f) of this section, sections 116(d), 119, and

120(h) of this title, and sections 321a to 321d and 322 to

325 of Title 48, Territories and Insular Possessions, is

effective July 1, 1959.

FUNCTIONAL RECLASSIFICATION OF HIGHWAYS

Section 1006(c) of Pub. L. 102–240 provided that:

‘‘(1) STATE ACTION.—Each State shall functionally reclassify the roads and streets in such State in accordance with such guidelines and time schedule as the Secretary may establish in order to carry out the objectives of this section [amending this section and sections 101, 104 and 113 of this title and enacting provisions set out as a note under section 311 of this title],

including the amendments made by this section.

‘‘(2) APPROVAL AND SUBMISSION TO CONGRESS.—Not

later than September 30, 1993, the Secretary shall approve the functional reclassification of roads and

streets made by the States pursuant to this subsection

and shall submit a report to Congress containing such

reclassification.

‘‘(3) STATE DEFINED.—In this subsection, the term

‘State’ has the meaning such term has under section

101 of title 23, United States Code, and shall include the

Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Marianas.’’

APPORTIONMENT FACTORS FOR EXPENDITURES ON

SUBSTITUTE HIGHWAY AND TRANSIT PROJECTS

Section 103(a) of Pub. L. 100–17 directed Secretary to

apportion for fiscal year 1987 the sums to be apportioned for such year under 22 U.S.C. 103(e)(4) for expenditure on substitute highway and transit projects, using

the apportionment factors contained in the Committee

Print Numbered 100–6 of the Committee on Public

Works and Transportation of the House of Representatives.

SUBSTITUTE TRANSIT PROJECTS; INCREASE IN COST TO

COMPLETE; APPORTIONMENT FACTORS

Section 103(c) of Pub. L. 100–17 provided that:

‘‘(1) INCREASE IN COST TO COMPLETE.—The cost of completing substitute transit projects under section

103(e)(4)(B) of title 23, United States Code, is increased

by $100,000,000.

‘‘(2) APPORTIONMENT FACTORS.—Notwithstanding section 103(e)(4) of such title, funds appropriated to carry

out projects as a result of enactment of paragraph (1)

shall be made available in accordance with the apportionment factors contained in the Committee Print

Numbered 100–2 of the Committee on Public Works and

Transportation of the House of Representatives.’’

COMBINED ROAD PLAN DEMONSTRATION PROGRAM;

REPORT TO CONGRESSIONAL COMMITTEES

Section 137 of Pub. L. 100–17 directed Secretary, in cooperation with up to 5 States, to conduct a combined

road plan demonstration to test feasibility of approaches for combining, streamlining, and increasing

flexibility in administration of Federal-aid secondary

program, Federal-aid urban program, and the off-system bridge, urban bridge, and secondary bridge programs and to submit to Congress an interim report on

the program being carried out within 3 years after Apr.

2, 1987, and a final report evaluating the effectiveness of

the demonstration program and making needed recommendations as soon as practicable after completion of

the demonstration.

ROUTES WITHDRAWN; AVAILABILITY TO SECRETARY OF

SUMS WHERE SUMS DETERMINED ARE LESS THAN

COST OF COMPLETING WITHDRAWN ROUTES

Section 107(c)(2) of Pub. L. 97–424, as amended by Pub.

L. 100–17, title I, §103(f)(2), Apr. 2, 1987, 101 Stat. 142,

provided that: ‘‘Notwithstanding any other provision of

law, with respect to any route or portion thereof on the

Interstate System approval of which is or has been

withdrawn under section 103(e)(4) of title 23, United

States Code, in any case where the sum determined

under subparagraph (B) of such section is less than the

cost to complete the withdrawn route or portion (in accordance with the design of such route or portion on

the date of such withdrawal) as of June 30, 1980, as a result of decreases in construction costs, the sum which

shall be available to the Secretary under such subparagraph shall be an amount equal to such cost of completion as of June 30, 1980.’’

WITHDRAWAL OF SECRETARY’S APPROVAL OF ROUTE OR

PORTION OF ROUTE ON INTERSTATE SYSTEM BETWEEN

JUNE 20, 1979, AND JUNE 30, 1979, INCLUSIVE; SUBSTITUTION OF PROJECTS

Section 3 of Pub. L. 96–144 provided that: ‘‘Notwithstanding the amendment made to section 103(e)(4) of

title 23, United States Code, by the preceding section,

in the case where the Secretary has withdrawn his approval of a route or portion thereof on the Interstate

System under such section between June 20, 1979, and

June 30, 1979, both dates inclusive, the sum available to

the Secretary of Transportation to incur obligations

for projects substituted for such withdrawn route or

portion thereof shall be a sum equal to the Federal

share of the cost to complete the withdrawn route or

portion thereof, as that cost is included in the 1975

Interstate System cost estimate, as approved by Congress, subject to increase or decrease as determined by

the Secretary based on changes in the construction

costs of the withdrawn route or portion thereof as of

the date of approval of each substitute project under

section 103(e)(4) of title 23, United States Code.’’

NECESSITY OF ENVIRONMENTAL IMPACT STATEMENT

PRIOR TO ROUTE CONSTRUCTION ON THE DWIGHT D.

EISENHOWER SYSTEM OF INTERSTATE AND DEFENSE

HIGHWAYS

Section 107(d) of Pub. L. 95–599, as amended by Pub.

L. 101–427, Oct. 15, 1990, 104 Stat. 927, provided that:

‘‘Notwithstanding any other provision of law, including

but not limited to section 103 of title 23, United States

Code and this section, no route or portion thereof shall

be constructed on The Dwight D. Eisenhower System of

Interstate and Defense Highways with respect to which

an environmental impact statement has not been submitted to the Secretary of Transportation in accordance with the National Environmental Policy Act of

1969 [section 4321 et seq. of Title 42, The Public Health

and Welfare] by September 30, 1983. Any such route or

portion thereof shall thereupon be removed from designation as part of such Interstate System.’’

TIME LIMIT FOR COMMENCEMENT OF, OR CONTRACT FOR,

CONSTRUCTION; REMOVAL FROM DESIGNATION AS

PART OF INTERSTATE SYSTEM

Section 107(e) of Pub. L. 95–599, as amended by Pub.

L. 97–424, title I, §107(g), Jan. 6, 1983, 96 Stat. 2103; Pub.

L. 100–17, title I, §103(d)(1), Apr. 2, 1987, 101 Stat. 141,

provided that: ‘‘By September 30, 1986, all routes or por-
Page 31 TITLE 23—HIGHWAYS § 104

tions thereof on the Interstate System (for which the

Secretary of Transportation finds that sufficient Interstate authorizations are available) must be under contract for construction or construction must have commenced. Immediately after such date, the Secretary

shall remove from designation as part of the Interstate

System each route or portion thereof not complying

with this subsection.’’

[Section 103(d)(2) of Pub. L. 100–17 provided that:

‘‘The amendments made by paragraph (1) [amending

section 107(e) of Pub. L. 95–599 set out above] shall take

effect September 29, 1986.’’]

INTERSTATE SYSTEM ROUTES WITHDRAWN FOR PURPOSE

OF DESIGNATING ALTERNATIVE ROUTES AS SUBJECT

TO ROUTE WITHDRAWAL PROVISIONS

Section 111(b) of Pub. L. 94–280 provided that: ‘‘The

amendment made by subsection (a) of this section [to

fourth sentence of subsec. (e)(2) of this section] shall be

applicable to each route on the Interstate System approval of which was withdrawn or is hereafter withdrawn by the Secretary of Transportation in accordance with the provisions of section 103(e)(2) of title 23,

United States Code, including any route on the Interstate System approval of which was withdrawn by the

Secretary of Transportation in accordance with the

provisions of title 23, United States Code, on August 30,

1965, for the purpose of designating an alternative

route.’’

INTERSTATE SYSTEM SUBSECTION (e)(4) PROVISIONS IN

EFFECT PRIOR TO AMENDMENT BY PUB. L. 94–280,

§110; ROUTE WITHDRAWALS WITHIN URBANIZED

AREAS; AVAILABILITY OF MILEAGE IN OTHER STATES;

PUBLIC MASS TRANSIT NONHIGHWAY PROJECTS; GENERAL FUNDS UNAVAILABLE FOR OBLIGATION AFTER

JUNE 30, 1981; SUPPLEMENTARY FUNDS; URBAN MASS

TRANSPORTATION PROVISIONS APPLICABLE

Section 103(e)(4) of this title, as added Pub. L. 93–87,

title I, §137(b), Aug. 13, 1973, 87 Stat. 269, and amended

Pub. L. 93–643, §125(b), Jan. 4, 1975, 88 Stat. 2290, read

prior to amendment by section 110 of Pub. L. 94–280 [set

out in the text] as follows: ‘‘Upon the joint request of

a State Governor and the local governments concerned,

the Secretary may withdraw his approval of any route

or portion thereof on the Interstate System within any

urbanized area in that State selected and approved in

accordance with this title prior to the enactment of

this paragraph, if he determines that such route or portion thereof is not essential to completion of a unified

and connected Interstate System or will no longer be

essential by reason of the application of this paragraph

and will not be constructed as a part of the Interstate

System, and if he receives assurances that the State

does not intend to construct a toll road in the traffic

corridor which would be served by such route or portion thereof. The mileage of the route or portion thereof approval of which is withdrawn under this paragraph

shall be available for designation on the Interstate System in any other State in accordance with paragraph

(1) of this subsection. After the Secretary has withdrawn his approval of any such route or portion thereof, whenever responsible local officials of such urbanized area notify the State highway department that, in

lieu of a route or portion thereof approval for which is

withdrawn under this paragraph, 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 in the Treasury of

its proportional share of the cost of such project in an

amount equal to the Federal share which would be paid

for such a project under the Urban Mass Transportation Act of 1964 [section 1601 et seq. of Title 49, Transportation], except that the total Federal cost of all

such projects under this paragraph with respect to such

route or portion thereof approval of which is withdrawn

under this paragraph, shall not exceed the Federal

share of the cost which would have been paid for such

route or portion thereof, as such cost is included in the

1972 Interstate System cost estimate set forth in table

5 of House Public Works Committee Print Numbered

92–29, as revised in House Report Numbered 92–1443, increased or decreased, as the case may be, as determined

by the Secretary, based on changes in construction

costs of such route or portion thereof as of the date of

withdrawal of approval under this paragraph and in accordance with that design of such route or portion

thereof which is the basis of such 1972 cost estimate.

Funds apportioned to such State for the Interstate System, which apportionment is based upon an Interstate

System cost estimate that includes a route or portion

thereof approval of which is withdrawn under this paragraph, shall be reduced by an amount equal to the Federal share of such project as such share becomes a contractual obligation of the United States. No general

funds shall be obligated under authority of this paragraph after June 30, 1981. No nonhighway public mass

transit project shall be approved under this paragraph

unless the Secretary has received assurances satisfactory to him from the State that public mass transportation systems will fully utilize the proposed project.

The provision of assistance under this paragraph shall

not be construed as bringing within the application of

chapter 15 of title 5, United States Code [section 1501 et

seq. of Title 5, Government Organization and Employees], any nonsupervisory employee of an urban mass

transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable. Funds available for expenditure to carry out the purposes of this paragraph

shall be supplementary to and not in substitution for

funds authorized and available for obligation pursuant

to the Urban Mass Transportation Act of 1964, as

amended [section 1601 et seq. of Title 49, Transportation]. The provisions of section 3(e)(4) of the Urban

Mass Transportation Act of 1964, as amended, [section

1602 (e)(4) of Title 49], shall apply in carrying out this

paragraph.’’

BASIS OF FEDERAL-AID SYSTEMS REALIGNMENT

Section 148(d) of Pub. L. 93–87 provided that: ‘‘Federal-aid systems realignment shall be based upon anticipated functional usage in the year 1980 or a planned

connected system.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 104, 115, 118,

119, 124, 139, 157, 307 of this title; title 49 sections 5309,

5323, 5327, 5331, 5338.

§ 104. Apportionment

(a) Whenever an apportionment is made of the

sums authorized to be appropriated for expenditure on the surface transportation program, the

congestion mitigation and air quality improvement program, the National Highway System,

and the Interstate System, the Secretary shall

deduct a sum, in such amount not to exceed 33

⁄4

per centum of all sums so authorized as the Secretary may deem necessary for administering

the provisions of law to be financed from appropriations for the Federal-aid systems and for

carrying on the research authorized by subsections (a) and (b) of section 307 of this title. In

making such determination, the Secretary shall

take into account the unexpended balance of