§ 215 TITLE 23—HIGHWAYS Page 148

all projects for public lands development roads and

trails and for general supervision by the Secretary of

their construction.

§ 215. Territorial highway program

(a) Recognizing the mutual benefits that will

accrue to the Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern

Mariana Islands, and to the United States from

the improvement of highways in such territories

of the United States, the Secretary is authorized

to assist each such territorial government in a

program for the construction and improvement

of a system of arterial highways, and necessary

interisland connectors designated by the Governor of such territory and approved by the Secretary. Federal financial assistance shall be

granted under this subsection to such territories

upon the basis of a Federal contribution of 100

per centum of the cost of any project.

(b) In order to establish a long-range highway

development program, the Secretary is authorized to provide technical assistance for the establishment of an appropriate agency to administer on a continuing basis highway planning,

design, construction and maintenance operations, the development of a system of arterial

and collector highways, including necessary

interisland connectors, and the establishment of

advance acquisition of right-of-way and relocation assistance programs.

(c) No part of the appropriations authorized

under this section shall be available for obligation or expenditure with respect to any territory

until the Governor enters into an agreement

with the Secretary providing that the government of such territory (1) will design and construct a system of arterial and collector highways, including necessary interisland connectors, built in accordance with standards approved by the Secretary; (2) will not impose any

toll, or permit any such toll to be charged, for

use by vehicles or persons of any portion of the

facilities constructed or operated under the provisions of this section; (3) will provide for the

maintenance of such facilities in a condition to

adequately serve the needs of present and future

traffic; (4) will implement standards for traffic

operations and uniform traffic control devices

which are approved by the Secretary.

(d)(1) Three per centum of the sums authorized

to be appropriated for each fiscal year for carrying out subsection (a) of this section shall be

available for expenditure only for engineering

and economic surveys and investigations, for

the planning of future highway programs and

the financing thereof, for studies of the economy, safety, and convenience of highway usage

and the desirable regulation and equitable taxation thereof, and for research and development,

necessary in connection with the planning, design, and maintenance of the highway system,

and the regulation and taxation of their use.

(2) In addition to the percentage provided in

paragraph (1) of the subsection, not to exceed 2

per centum of sums authorized to be appropriated for each fiscal year for carrying out subsection (a) of this section may be expended upon

request of the Governor and with the approval of

the Secretary for the purposes enumerated in

paragraph (1) of this subsection.

(e) None of the funds authorized to be appropriated for carrying out this section shall be obligated or expended for maintenance of the highway system.

(f) The provisions of chapter 1 of this title that

are applicable to Federal-aid primary highway

funds, other than provisions relating to the apportionment formula and provisions limiting

the expenditure of such funds to the Federal-aid

systems, shall apply to the funds authorized to

be appropriated to carry out this section, except

as determined by the Secretary to be inconsistent with this section.

(Added Pub. L. 91–605, title I, §112(a), Dec. 31,

1970, 84 Stat. 1720; amended Pub. L. 95–599, title

I, §129(f), Nov. 6, 1978, 92 Stat. 2708; Pub. L.

96–106, §9, Nov. 9, 1979, 93 Stat. 798; Pub. L.

100–17, title I, §133(b)(16), Apr. 2, 1987, 101 Stat.

172.)

AMENDMENTS

1987—Subsec. (a). Pub. L. 100–17 inserted reference in

first sentence to Commonwealth of the Northern Mariana Islands.

1979—Subsec. (f). Pub. L. 96–106 substituted ‘‘chapter

1’’ for ‘‘chapters 1 and 5’’.

1978—Subsec. (a). Pub. L. 95–599 substituted ‘‘100 per

centum’’ for ‘‘70 per centum’’.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95–599 effective with respect

to obligations incurred after Nov. 6, 1978, see section

129(h) of Pub. L. 95–599, set out as a note under section

120 of this title.

AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS

ENDING SEPTEMBER 30, 1979, 1980, AND 1982

Pub. L. 95–599, title I, §104(a)(12), Nov. 6, 1978, 92 Stat.

2691, provided that: ‘‘For carrying out section 215(a) of

title 23, United States Code—

‘‘(A) for the Virgin Islands, not to exceed $5,000,000

per fiscal year for each of the fiscal years ending September 30, 1979, September 30, 1980, September 30,

1981, and September 30, 1982.

‘‘(B) for Guam, not to exceed $5,000,000 per fiscal

year for each of the fiscal years ending September 30,

1979, September 30, 1980, September 30, 1981, and September 30, 1982.

‘‘(C) for American Samoa, not to exceed $1,000,000

per fiscal year for each of the fiscal years ending September 30, 1979, September 30, 1980, September 30,

1981, and September 30, 1982.

‘‘Sums authorized by this paragraph shall be available for obligation at the beginning of the period for

which authorized in the same manner and to the same

extent as if such sums were apportioned under chapter

1 of title 23, United States Code.’’

AUTHORIZATION OF APPROPRIATIONS, THREE-MONTH PERIOD ENDING SEPTEMBER 30, 1976, AND FISCAL YEARS

ENDING SEPTEMBER 30, 1977, AND 1978

Pub. L. 94–280, title I, §105(a)(12), May 5, 1976, 90 Stat.

427, authorized the appropriation of not to exceed

$1,250,000 for the Virgin Islands and Guam and not to

exceed $250,000 for American Samoa for the threemonth period ending Sept. 30, 1976, and not to exceed

$5,000,000 for the Virgin Islands and Guam and not to

exceed $1,000,000 for American Samoa for the fiscal

years ending Sept. 30, 1977, and 1978, such sums to be

available for obligation at the beginning of the fiscal

year for which authorized.

AUTHORIZATION OF APPROPRIATIONS, FISCAL YEARS

ENDING JUNE 30, 1974, 1975, AND 1976

Pub. L. 93–87, title I, §104(a)(12), Aug. 13, 1973, 87 Stat.

252, authorized the appropriation for each of fiscal
Page 149 TITLE 23—HIGHWAYS § 217

years ending June 30, 1974, 1975, and 1976 of not to exceed $5,000,000 for the Virgin Islands, not to exceed

$2,000,000 for Guam, and not to exceed $1,000,000 for

American Samoa, such sums to be available for obligation at the beginning of the fiscal year for which authorized.

AUTHORIZATION OF APPROPRIATIONS, FISCAL YEARS

ENDING JUNE 30, 1971, 1972, AND 1973

Section 112(c), (d) of Pub. L. 91–605 authorized the appropriation of not to exceed $2,000,000 for each of fiscal

years ending June 30, 1971, 1972, and 1973, for the Virgin

Islands and Guam, and $500,000 for American Samoa, to

carry out section 215(a) of this title; the sums appropriated for fiscal 1971 to be made available immediately

and sums appropriated for fiscal 1972 and 1973 to be

available at the beginning of the fiscal year for which

authorized.

§ 216. Darien Gap Highway

(a) The United States shall cooperate with the

Government of the Republic of Panama and with

the Government of Colombia in the construction

of approximately two hundred and fifty miles of

highway in such countries in the location known

as the ‘‘Darien Gap’’ to connect the Inter-American Highway authorized by section 212 of this

title with the Pan American Highway System of

South America. Such highway shall be known as

the ‘‘Darien Gap Highway’’. Funds authorized by

this section shall be obligated and expended subject to the same terms, conditions, and requirements with respect to the Darien Gap Highway

as are funds authorized for the Inter-American

Highway by subsection (a) of section 212 of this

title.

(b) The construction authorized by this section shall be under the administration of the

Secretary who shall consult with the appropriate officials of the Department of State with

respect to matters involving the foreign relations of this Government, and such negotiations

with the Governments of the Republic of Panama and Colombia as may be required to carry

out the purposes of this section shall be conducted through, or authorized by, the Department of State.

(c) The provisions of this section shall not create nor authorize the creation of any obligations

on the part of the Government of the United

States with respect to any expenditures for

highway survey or construction heretofore or

hereafter undertaken in Panama or Colombia,

other than the expenditures authorized by the

provision of this section.

(d) Appropriations made pursuant to any authorization for the Darien Gap Highway shall be

available for expenditure by the Secretary for

necessary administrative and engineering expenses in connection with the Darien Gap Highway program.

(e) For the purposes of this section the term

‘‘construction’’ does not include any costs of

rights-of-way, relocation assistance, or the

elimination of hazards of railway grade crossings.

(Added Pub. L. 91–605, title I, §113(a), Dec. 31,

1970, 84 Stat. 1721.)

AUTHORIZATION OF APPROPRIATIONS

Section 113(c) of Pub. L. 91–605 provided that: ‘‘There

is hereby authorized to be appropriated not to exceed

$100,000,000, to remain available until expended to enable the Secretary of Transportation to carry out section 216 of title 23, United States Code.’’

§ 217. Bicycle transportation and pedestrian

walkways

(a) USE OF STP AND CONGESTION MITIGATION

PROGRAM FUNDS.—Subject to project approval

by the Secretary, a State may obligate funds apportioned to it under sections 104(b)(2) and

104(b)(3) of this title for construction of pedestrian walkways and bicycle transportation facilities and for carrying out nonconstruction

projects related to safe bicycle use.

(b) USE OF NATIONAL HIGHWAY SYSTEM

FUNDS.—Subject to project approval by the Secretary, a State may obligate funds apportioned

to it under section 104(b)(1) of this title for construction of bicycle transportation facilities on

land adjacent to any highway on the National

Highway System (other than the Interstate System).

(c) USE OF FEDERAL LANDS HIGHWAY FUNDS.—

Funds authorized for forest highways, forest development roads and trails, public lands development roads and trails, park roads, parkways,

Indian reservation roads, and public lands highways shall be available, at the discretion of the

department charged with the administration of

such funds, for the construction of pedestrian

walkways and bicycle transportation facilities

in conjunction with such trails, roads, highways,

and parkways.

(d) STATE BICYCLE AND PEDESTRIAN COORDINATORS.—Each State receiving an apportionment

under sections 104(b)(2) and 104(b)(3) of this title

shall use such amount of the apportionment as

may be necessary to fund in the State department of transportation a position of bicycle and

pedestrian coordinator for promoting and facilitating the increased use of nonmotorized modes

of transportation, including developing facilities

for the use of pedestrians and bicyclists and public education, promotional, and safety programs

for using such facilities.

(e) BRIDGES.—In any case where a highway

bridge deck being replaced or rehabilitated with

Federal financial participation is located on a

highway, other than a highway access to which

is fully controlled, on which bicycles are permitted to operate at each end of such bridge,

and the Secretary determines that the safe accommodation of bicycles can be provided at reasonable cost as part of such replacement or rehabilitation, then such bridge shall be so replaced or rehabilitated as to provide such safe

accommodations.

(f) FEDERAL SHARE.—For all purposes of this

title, construction of a pedestrian walkway and

a bicycle transportation facility shall be deemed

to be a highway project and the Federal share

payable on account of such construction shall be

determined in accordance with section 120(b).

(g) PLANNING.—Pedestrian walkways and bicycle transportation facilities to be constructed

under this section shall be located and designed

pursuant to an overall plan to be developed by

each metropolitan planning organization and

State and incorporated into their comprehensive

annual long-range plans in accordance with sections 134 and 135 of this title, respectively. Such