Surface Transportation Assistance Act
PL 95-599 (H.R.11733), enacted 11/06/1978

PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2689 
Public Law 95-599 
95th Congress 
An Act 
To authorize appropriations for the construction of certain highways in accord-
ance with title 23 of the United States Code, for highway safety, for mass 
transportation in urban and in rural areas, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Surface Transportation Assistance Act of 1978". 
TITLE I 
SHORT TITLE 
SEC. 101. This title may be cited as the "Federal-Aid Highway Act 
of 1978". 
Nov. 6, 1978 
[H.R. 11733] 
Surface 
Transportation 
Assistance Act of 
1978. 
23 u s e 101 note. 
Federal-Aid 
Highway Act of 
1978. 
23 u s e 101 note. 
REVISION OF AUTHORIZATION FOR APPROPRIATIONS FOR THE INTERSTATE 
SYSTEM 
SEC. 102. (a) Subsection (b) of section 108 of the Federal-Aid Higli-
Avay Act of 1956, as amended, is amended by striking out "the addi- 23 USC101 note, 
tional sum of $3,625,000,000 for the fiscal year ending September 30, 
1980," and all that follows down through the period at the end of the 
sentence and by inserting in lieu therex)f the following: "the additional 
sum of $3,250,000,000 for the fiscal year ending September 30,1980, the 
additional sum of $3,500,000,000 for the fiscal year ending September 
30,1981, the additional sum of $3,500,000,000 for the fiscal year ending 
September 30,1982, the additional sum of $3,200,000,000 for the fiscal 
j&tiY ending September 30, 1983, the additional sum of $3,625,000,000 
for the fiscal year ending September 30, 1984, the additional sum of 
$3,625,000,000 for the fiscal year ending September 30, 1985, the addi-
tional sum of $3,625,000,000 for the fiscal year ending September 30, 
1986, the additional sum of $3,625,000,000 for the fiscal year ending 
September 30, 1987, the additional sum of $3,625,000,000 for the fiscal 
year ending September 30, 1988, the additional sum of $3,625,000,000 
for the fiscal year ending September 30, 1989, and the additional sum 
of $3,625,000,000 for the fiscal year ending September 30,1990.". 
(b) Subsection (b) of section 108 of the Federal-Aid Highway Act 
of 1956, as amended, is further amended by adding at the end thereof 
the following: "Beginning with funds authorized to be appropriated 
for fiscal year 1980, no such funds shall be available for projects to 
expand or clear zones immediately adjacent to the paved roadway of 
routes designed prior to February, 1967.". 
AUTHORIZATION OF USE OF COST ESTIMATES FOR APPORTIONMENT OF INTER-
STATE FUNDS 
SEC. 103. The Secretary of Transportation shall apportion for the 23 USC 104 note, 
fiscal year ending September 30,1980, the sums authorized to be appro-
priated for such periods by section 108(b) of the Federal-Aid High-
way Act of 1956, as amended, for expenditures on the National System 
of Interstate and Defense Highways, using the apportionment factors 
92 STAT. 2690 
PUBLIC LAW 95-599—NOV. 6, 1978 
contained in revised table 5 of Committee Print 95-49 of the Committee 
on Public Works and Transportation of the House of Representatives. 
HIGHWAY AUTHORIZATION 
Appropriation 
SEC. 104. (a) For the purpose of carrying out the provisions of title 
authorization. 
23, United States Code, the following sums are hereby authorized to be 
appropriated: 
(1) For the Federal-aid primary system in rural areas, including 
the extensions of the Federal-aid primary system in urban areas, and 
the priority primary routes, out of the Highway Trust Fund, 
$1,550,000,000 for the fiscal year ending September 30, 1979, 
$1,700,000,000 for the fiscal year ending September 30, 1980, 
$1,800,000,000 for the fiscal year ending September 30, 1981, and 
$1,500,000,000 for the fiscal year ending September 30, 1982. For the 
Federal-aid secondary system in rural areas, out of the Highway Trust 
Fund, $500,000,000 for the fiscal year ending September 30, 1979, 
$550,000,000 for the fiscal year ending September 30,1980, $600,000,000 
for the fiscal year ending September 30,1981, and $400,000,000 for the 
fiscal year ending September 30,1982. 
(2) For the Federal-aid urban system, out of the Highway Trust 
Fund, $800,000,000 per fiscal year ior each of the fiscal years ending 
September 30,1979, September 30,1980, September 30,1981, and Sep-
tember 30,1982. 
(3) For the forest highways, out of the Highway Trust Fund, 
$33,000,000 per fiscal year for each of the fiscal years ending September 
30, 1979, September 30, 1980, September 30, 1981, and September 30, 
1982. 
(4) For public lands highways, out of the Highway Trust Fund, 
$16,000,000 per fiscal year for each of the fiscal years ending Septem-
ber 30, 1979, September 30, 1980, September 30," 1981, and September 
30, 1982. 
(5) For forest development roads and trails, $140,000,000 per fiscal 
year for each of the fiscal years ending September 30, 1979, Septem-
ber 30,1980, September 30,1981, and September 30,1982. 
(6) For public lands development roads and trails, $10,000,000 per 
fiscal year for each of the fiscal years ending September 30, 1979, 
September 30,1980, September 30,1981, and September 30,1982. 
(7) For park roads and trails, $30,000,000 per fiscal year for each 
of the fiscal years ending September 30, 1979, September 30, 1980, 
September 30,1981, and September 30,1982. 
(8) For parkways. $45,000,000 per fiscal year for each of the fiscal 
years ending September 30, 1979, September 30, 1980, September 30, 
1981, and September 30,1982. The entire cost of any parkway project 
Y 
on any Federal-aid system paid under the authorization contained in 
~ 
this paragraph shall be paid from the Highway Trust Fund. 
(9) For Indian reservation roads and bridges, $83,000,000 per fiscal 
year for each of the fiscal vears ending September 30,1979, September 
30,1980, September 30,1981, and September 30,1982. 
(10) For economic sfrowth center development highways under sec-
tion 143 of title 23, United States Code, out of the Highway Trust 
— Fund, $50,000,000 per fiscal year for each of the fiscal years ending 
September 30, 1979, September 30, 1980, September 30, 1981, and 
— 
September 30,1982. 
(11) For necessary administrative expenses in carrying out section 
131 and section 136 oi title 23, United States Code, $1,500,000 per fiscal 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2691 
year for each of the fiscal years ending September 30, 1979, Septem-
ber 30,1980, September 30,1981, and September 30,1982. 
(12) For carrying out section 215(a) of title 23, United States 23 USC215 note. 
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, Sep-
tember 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, Sep-
tember 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 man-
ner and to the same extent as if such sums were apportioned under 
chapter 1 of title 23, United States Code. 
23 USC 101 et 
(13) For the Commonwealth of the Northern Marif>,na Islands, not seq. 
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 Sep-
tember 30,1982. Sums authorized by this paragraph shall be expended 
in the same manner as sums authorized to carry out section 215 of title 
23, United States Code. 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. 
(14) For the Northeast corridor demonstration program under 
section 322 of title 23, United States Code, $45,000,000 for the fiscal 
year ending September 30, 1979, and $40,000,000 for the fiscal year 
ending September 30,1980. 
(15) For the Great River Road $10,000,000 per fiscal year for each 
of the fiscal years ending September 30, 1979, September 30, 1980, 
September 30,1981, and September 30,1982, for construction or recon-
struction of roads not on a Federal-aid highway system; and out of 
the Highway Trust Fund, $25,000,000 per fiscal year for each of the 
fiscal years ending September 30, 1979, September 30, 1980, Septem-
ber 30, 1981, and (September 30, 1982, for construction or reconstruc-
tion of roads on a Federal-aid highway system. 
(16) For control of outdoor advertising under section 131 of title 
23, United States Code $30,000,000 per fiscal year for each of the fiscal 
years ending September 30, 1979, September 30, 1980, September 30, 
1981, and September 30,1982. 
(17) For safer off-system roads under section 219 of title 23, United 
States Code, $200,000,000 per fiscal year for each of the fiscal years 
ending September 30, 1979, September 30, 1980, September 30, 1981, 
and September 30,1982. 
(18) For access highways under section 155 of title 23, United States 
Code, $15,000,000 per fiscal year for each of the fiscal years ending 
September 30,1979, September 30,1980, September 30,1981, and Sep-
tember 30, 1982. 
\ 
(b) (1) For each of the fiscal years 1980, 1981, 1982, and 1983, no 23 USC 104 note. 
State, including the State of Alaska, shall receive less than one-half of 
1 per centum of the total apportionment for the Interstate System 
under section 104(b) (5) of title 23, United States Code. Whenever 
amounts made available under this subsection for the Interstate Sys-
92 STAT. 2692 
PUBLIC LAW 95-599—NOV. 6, 1978 
tern in any State exceed the estimated cost of completing that State's 
portion of the Interstate System, and exceed the estimated cost of neces-
sary resurfacing, restoration, and rehabilitation of the Interstate 
System within such State, the excess amount shall be eligible for 
expenditure for those purposes for Avhich funds apportioned under 
paragraphs (1), (2), (6) of such section 104(b) may be expended and 
shall also be available for expenditure to carry out section 152 of title 
23, United States Code. In order to carry out this subsection, and sec-
87 Stat. 278. 
tion 158 of the Federal-Aid Highway Act of 1973, there are authorized 
to be appropriated, out of the Highway Trust Fund, not to exceed 
$125,000,000 per fiscal year for each of the fiscal years ending Sep-
tember 30, 1980, September 30, 1981, September 30, 1982, and Sep-
tember 30, 1983. 
(2) In addition to funds otherwise authorized, $85,000,000, out of the 
Highw^ay Trust Fund, is hereby authorized for the purpose of com-
pleting routes designated under the urban high density traffic program 
prior to May 5, 1976. Such sums shall be in addition to sums pre-
viously authorized. 
^ 
(c) In the case of priority primary routes, $125,000,000 per fiscal 
year of the sums authorized for each of the fiscal years ending 
September 30, 1979, September 30, 1980, September 30, 1981, and 
September 30, 1982, by subsection (a)(1) of this section for such 
routes, shall not be apportioned. Such $125,000,000 of each such 
authorized sum shall be available for obligation on the date of appor-
tionment of funds for each such fiscal year, in the same manner and to 
the same extent as the sums apportioned on such date, except that such 
$125,000,000 shall be available for obligation at the discretion of the 
Secretary of Transportation only for projects of unusually high cost 
or which require long periods of time for their construction. Any part 
of such $125,000,000 not obligated by such Secretary on or before the 
last day of the fiscal year for which authorized shall be immediately 
apportioned in the same manner as funds apportioned for the next 
succeeding fiscal year for primary system routes, and available for 
obligation for the same periods as such apportionment. 
(d) (1) Twenty per centum or more of the apportionment for each 
fiscal year to each State of the sum authorized in paragraph (1) of sub-
section (a) of this section for the Federal-aid primai-y system (includ-
ing extensions in urban areas and priority primary routes) for such 
fiscal year shall be obligated in such State for projects for the resurfac-
ing, restoration, and rehabilitation of highways on such system. 
(2) Twenty per centum or more of the apportionment for each fiscal 
year to each State of the sum authorized in paragraph (1) of subsec-
tion (a) of this section for the Federal-aid secondary system for such 
fiscal year shall be obligated in such State for projects for the resur-
facing, restoration, and rehabilitation of highways on such system. 
INTERSTATE SYSTEM RESURFACING 
Appropriation 
authorization. 
Excess funds, 
certification and 
transfer. 
SEC. 106. In addition to any other funds authorized to be appropri-
ated, there is authorized to be appropriated, out of the Highway Trust 
Fund, not to exceed $175,000,000 per fiscal yeai- for each of the fiscal 
years ending September 30, 1980 and September 30. 1981, and not to 
exceed $275,000,000 per fiscal year for each of the fiscal vears ending 
September 30, 1982 and September 30, 1983. Such sums shall be obli-
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2693 
gated for projects for resurfacing, restoring, and rehabilitating those 
lanes on the Interstate System which have been in use for more than 
five years and which are not on toll roads, except that where a State 
certifys to the Secretary that any part of such sums are excess to the 
needs of such State for resurfacing, restoring or rehabilitating Inter-
state System lanes and the Secretary accepts such certification, such 
State may transfer sums apportioned to it under section 104 (b) (5) (B) 
to its apportionment under section 104 (b) (1). Such sums may also be Toll roads, 
obligated for projects for resurfacing, restoring, and rehabilitating agreement, 
lanes in use for more than five years on a toll road which has been 
designated as a part of the Interstate System if an agreement satis-
factory to the Secretary of Transportation has been reached with the 
State highway department and any public authority with jurisdiction 
over such toll road prior to the approval of such project that the toll 
road will become free to the public upon the collection of tolls suffi-
cient to liquidate the cost of the toll road or any bonds outstanding 
at the time constituting a valid lien against it, and the cost of mainte-
nance and operation and debt service during the period of toll collec-
tions. The agreement referred to in the preceding sentence shall Federal 
contain a provision requiring that if, for any reason, a toll road receiv- assistance, 
ing Federal assistance under this section does not become free to the repayment, 
public upon collection of sufficient tolls, as specified in the preceding 
sentence, Federal funds used for projects on such toll road pursuant 
to this section shall be repaid to the Federal Treasury. 
DEFINITIONS 
SEC. 106. (a) The definition of "construction" in section 101(a) of 
title 23 of the United States Code is amended by adding at the end 
thereof the following new sentence: "The term also includes capital 
improvements which directly facilitate an effective vehicle weight 
enforcement program, such as scales (fixed and portable), scale pits, 
scale installation, and scale houses.". 
(b) (1) The definition of "forest road or trail" in section 101 (a) of 
title 23 of the United States Code is amended to read as follows: 
"The term 'forest or trail' means a road or trail wholly or partly 
within, or adjacent to, and serving the Natonal Forest system and 
which is necessary for the protection, administration, and utilization 
of the National Forest system and the use and development of its 
resources.". 
(2) The definition of "forest development roads and trails" in sec-
tion 101(a) of title 23 of the United States Code is amended to read 
as follows: 
"The term 'forest development roads and trails' means a forest road 
or trail under the jurisdiction of the Forest Service.". 
(3) The definition of "forest highway" in section 101(a) of title 23 
of the United States Code is amended to read as follows: 
"The term 'forest highway' means a forest road under the jurisdic-
tion of, and maintained by, a public authority and open to public 
travel.". 
(4) Section 101(a) of title 23, United States Code, is amended by 
adding after the definition of the term "Federal-aid highways" the 
following new definition: 
"The term 'highway safety improvement project' means a project 
which corrects or improves high hazard locations, eliminates roadside 
Federal share. 
92 STAT. 2694 
PUBLIC LAW 95-599—NOV. 6, 1978 
obstacles, improves highway signing and pavement marking, or installs 
trajffic control or warning devices at high accident potential locations.". 
COMPLETION o r INTERSTATE SYSTEM 
SEC. 107. (a)(1) The fourth and fifth sentences of paragraph (2) 
of subsection (e) of section 103, of title 23, United States Code, are 
amended to read as follows: "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 para-
graph after the date of enactment of the Federal Aid Highway Act 
of 1978. 
(2) The fourth sentence of section 103(e)(4) of title 23, United 
States Code, is amended to read as follows: "The Federal share of 
each substitute project shall not exceed 85 per centum of the cost 
thereof.". 
(b) Paragraph (4) of subsection (e) of section 103, title 23, United 
States Code, is amended by inserting immediately after the second 
sentence the following: "Substitute projects under this paragraph 
may not be approved by the Secretary under this paragraph after 
September 30, 1983, and the Secretary shall not approve any with-
drawal of a route under this paragraph after such date, except that 
this sentence shall not apply to any route which on the date of enact-
ment of the Federal-Aid Highway Act of 1978 is under judicial in-
junction prohibiting its construction", and by adding at the end 
of such paragraph the following new sentences: "The provisions of 
section 3(e) (4) of the Urban Mass Transportation Act of 1964, as 
amended, shall apply in carrying out this paragraph. After the date 
of enactment of this sentence, the Secretary may not designate any 
mileage as part of the Interstate System pursuant to this paragraph 
or under any other provision of law." 
(c) The amendment made by subsection (a) of 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. 
(d) 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 National System 
of Interstate and Defense Highways with respect to which an environ-
mental impact statement has not been submitted to the Secretary of 
Transportation in accordance with the National Environmental Policy 
Act of 1969 by September 30,1983. Any such route or portion thereof 
shall thereupon be removed from designation as part of such Interstate 
System. 
(e) By September 30, 1986, all routes or portions thereof on the 
Interstate System (for which the Secretary of Transportation finds 
that sufficient Interstate authorizations are available) and all Inter-
state substitute projects pursuant to subsection (e) (4) of section 103 
of title 23, United States Code (for which the Secretary finds that 
sufficient Federal funds are available) must be under contract for con-
49 use 1602. 
Contracts and 
agreements, 
revisions. 
23 u s e 103 note. 
Environmental 
impact statement, 
requirement. 
23 u s e 103 note. 
42 u s e 4321 
note. 
Contract 
requirement. 
23 u s e 103 note. 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2695 
struction or construction must have commenced. Immediately after Noncompliance, 
such date, the Secretary shall remove from designation as part of the 
Interstate System each route or portion thereof not complying with 
this subsection and in the case of a substitute project the Secretary 
shall withdraw approval and no funds shall be appropriated under 
the authority of section 103(e) (4) of title 23, United States Code, 
(f) (1) Section 103(e) of title 23, United States Code, is amended— 
(A) in paragraph (4), by striking out "In the event a with-
drawal of approval is accepted pursuant to this section, the State 
shall not be required to refund to the Highway Trust Fund any 
sums previously paid to the State for the withdrawn route or 
portion of the Interstate System so long as said sums were 
applied to a transportation project permissible under this title.". 
(B) by redesignating paragraph (5) as paragraph (7); and 
(C) by inserting after paragraph (4) the following new 
paragraphs: 
"(5) Notwithstanding any other provision of law— 
"(A) upon the withdrawal of approval of any route or portion 
thereof on the Interstate System under this section, a State, sub-
ject 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 por-
tion 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 purpose, 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; and 
"(6) 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." 
(2) The amendment made by paragraph (1) of this subsection shall 23 USC103 note, 
apply to any withdrawal of approval before the date of the enactment 
of this subsection. 
INTERSTATE COST ESTIMATES 
SEC. 108. Section 104(b) (5) (A) of title 23, United States Code, is 
amended by adding at the end thereof the following new sentence: 
"The Secretary shall not include in any estimate submitted under 
this provision after December 31,1978, any cost of a project to expand 
or clear zones immediately adjacent to the paved roadway of routes 
designed prior to February, 1967.". 
92 STAT. 2696 
PUBLIC LAW 95-599—NOV. 6, 1978 
TKANSFERABILITY 
SEC. 109, (a) Paragraph (1) of subsection (d) of section 104 of 
title 23, United States Code, is amended by striking out "40" each 
place it appears and inserting in lieu thereof at each such jjlace "50". 
(b) Paragraph (2) of subsection (d) of section 104 of title 23, 
LTnited States Code, is amended by striking out "20" each place it 
appears and inserting in lieu thereof at each such place "50". 
REPORT OF OBLIGATIONS 
Monthly 
SEC. 110. Section 104 of title 23, United States Code, is amended 
submittals to 
by adding at the end thereof the following new subsection: 
Congress. 
"(h) The Secretary shall submit to Congress not later than the 
20th day of each calendar month which begins after the date of enact-
ment of this subsection a report on (1) the amount of obligation, by 
State, for Federal-aid highways and the highway safety construction 
programs during the preceding calendar month, (2) the cumulative 
amount of obligation, by State, for that fiscal year, (3) the balance 
as of the last day of such preceding month of the unobligated appor-
tionment of each State by fiscal year, and (4) the balance of unobli-
gated sums available for expenditure at the discretion of the Secretary 
for such highways and programs for that fiscal year.". 
PROGRAM REQUIREMENTS 
Selection, 
SEC. 111. Subsection (b) of section 105 of title 23, United States 
consultation. 
Code, is amended to read as follows: 
"(b) In approving programs for projects on the Federal-aid 
secondary system, the Secretary shall require that such projects be 
selected by the State highway department and the appropriate local 
officials in cooperation with each other, except in States where all 
public roads and highways are under the control and supervision of 
the State highway department such selection shall be made after 
consultation with appropriate local officials.". 
PROGRAMS 
SEC. 112. Subsection (g) of section 105 of title 23, United States 
Code, is amended by striking out "public airports and public ports for 
water transportation," and inserting in lieu thereof "public airports, 
public ports for water transportation, new town communities, and new 
., , V 
town-intowncommunities,". 
UTILITIES ON RIGHTS-OF-WAY 
SEC. 113. Section 109 of title 23, United States Code, is amended 
by adding at the end thereof the following new subsection: 
"(1) (1) In determining whether any right-of-way on any Federal-
aid system should be used for accommodating any utility facility, the 
Secretary shall— 
"(A) first ascertain the effect such use will have on highway 
and traffic safety, since in no case shall any use be authorized or 
otherwise permitted, under this or any other provision of law, 
which would adversely affect any aspect of safety; 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2697 
"(B) evaluate the direct and indirect environmental and eco-
nomic effects of any loss of productive agricultural land or any 
• 
impairment of the productivity of any agricultural land which 
would result from the disapproval of the use of such right-of-
way for the accommodation of such utility facility; and 
"(C) consider such environmental and economic effects together 
with any interference with or impairment of the use of the high-
w^ay in such right-of-way which would result from the use of 
such right-of-way for the accommodation of such utility facility. 
" (2) For the purpose of this subsection— 
"(A) the term 'utility facility' means any privately, publicly, 
or cooperatively owned line, facility, or system for producing, 
transmitting, or distributing communications, power, electricity, 
light, heat, gas, oil, crude products, water, steam, waste, storm 
water not connected with highway drainage, or any other similar 
commodity, including any fire or police signal system or street 
lighting system, which directly or indirectly serves the public; 
and 
"(B) the term 'right-of-way' means any real property, or inter-
est therein, acquired, dedicated, or reserved for the construction, 
operation, and maintenance of a highway.". 
Definitions. 
ACCESS TO RIGHTS-OF-WAY 
SEC. 114. Section 111 of title 23, United States Code, is amended by 
adding at the end thereof the following new sentence: "Nothing in 
this section, or in any agreement entered into under this section, shall 
require the discontinuance, obstruction, or removal of any establish-
ment for serving motor vehicle users on any highway which has been, 
or is hereafter, designated as a highway or route on the Interstate 
System (1) if such establishment (A) was in existence before Jan-
uary 1, 1960, (B) is owned by a State, and (C) is operated through 
concessionaries or otherwise, and (2) if all access to, and exits from, 
such establishment conform to the standards established for such 
a highway under this title.". 
ACCELERATION OF CONSTRUCTION OF INTERSTATE SYSTEM 
SEC. 115. (a) Section 118(b) of title 23, United States Code, is 
amended by striking the second and third sentences and inserting in 
lieu thereof the following sentences: "Except as provided in this 
subsection, sums apportioned for the Interstate System in any State 
shall remain available for expenditure in that State for the Interstate 
System until the end of the fiscal year for which authorized. Sums 
not obligated within the time period prescribed by the preceding 
sentence must be made available by the Secretary to any other State 
applying for such funds for the Interstate System, if the Secretary 
determines that the State has obligated all of its apportionments 
other than an amount which, by itself, is insufficient to pay the Federal 
share of the cost of a project on the Interstate System which has been 
submitted by such State to the Secretary for approval, and the appli-
cant is willing and able to (1) obligate the funds within one year 
of the date the funds are made available; (2) apply them to a ready-
to-commence project; and (3) in the case of construction work, begin 
work within ninety days of obligation. Sums made available under 
this subsection shall remain available until expended. 
Sums 
apportioned, 
availability. 
39-194 O—80—pt. 3 
5 : QL3 
92 STAT. 2698 
PUBLIC LAW 95-599—NOV. 6, 1978 
Bond retirement, 
payment to 
States. 
23 u s e 122 note. 
Certification. 
(b) Section 122 of title 23, United States Code, is amended by 
striking out "the retirement of the principal of such bonds", and by 
inserting in lieu thereof the following: "the retirement of the principal 
of such bonds the proceeds of which were used for projects on the 
Federal-aid primary system or extensions of any of the Federal-aid 
highway systems in urban areas and the retirement of the principal 
and interest of such bonds the proceeds of which were used for projects 
on the Interstate System"; and by striking out "This section shall 
not be construed as a commitment or obligation on the part of the 
United States to provide funds for the payment of the principal of 
any such bonds." and inserting in lieu thereof the following: "This 
section shall not be construed as a commitment or obligation on the 
part of the United States to provide for the payment of the principal 
or interest of any such bonds. The payment of interest on such bonds 
and incidental costs in connection with the sale of such bonds shall 
not be included in the estimated cost of completing the Interstate 
System.". 
(c) No interest shall be paid under authority of section 122 of title 
23, United States Code, on any bonds issued prior to the date of enact-
ment of this Act, unless such bonds were issued for projects which 
were under construction on January 1, 1978. Interest on bonds issued 
in any fiscal year by a State after the date of enactment of this Act may 
be paid under authority of section 122 of title 23, United States Code, 
only if (1) such State was eligible to obligate funds of another State 
under subsection (a) of this section during such fiscal year and (2) the 
Secretary of Transportation certifies that such eligible State utilized, 
or will utilize, to the fullest extent possible during such fiscal year 
its authority to obligate funds under such subsection (a) of this 
section. No interest shall be paid under section 122 of title 23, United 
States Code, on that part of the proceeds of bonds issued after the date 
of enactment of this Act used to retire or otherwise refinance bonds 
issued prior to such date. 
23 use 119. 
Project approval. 
Ante, p. 2692. 
Post, p. 2699. 
23 u s e 120. 
Program, 
certification and 
compliance. 
Post, p. 2699. 
Apportionment 
reduction, 
determination. 
INTERSTATE RESURFACING 
SEC. 116. (a) Chapter 1 of title 23 of the United States Code is 
amended by inserting immediately after section 118 the following 
new section: 
"§119. Interstate System resurfacing 
"(a) Beginning with funds apportioned for fiscal year 1980, the 
Secretary may approve projects for resurfacing, restoring, and reha-
bilitating those lanes in use for more than five years on the Interstate 
System (other than those on toll roads not subject to a Secretarial 
agreement provided for in section 105 of the Federal-Aid Highway 
Act of 1978). Sums authorized to be appropriated for this section 
shall be out of the Highway Trust Fund and shall be apportioned in 
accordance with section 104(b) (5) (B) of this title and the Federal 
share shall be that set forth in section 120(a) of this title. 
"(b) Not later than one year after the date of issuance of initial 
guidelines under section 109(m) of th^s title each State shall have 
a program for the Interstate system in accordance with such guide-
lines. Each State shall certify on October 1st of each year that it has 
such a program and the Interstate system is maintained in accordance 
with that program. If a State fails to certify as required or if the 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2699 
Secretary determines a State is not adequately maintaining the Inter-
state system in accordance with such program then the funds appor-
tioned to such State for that fiscal year for the Interstate system 
shall be reduced by amounts equal to 10 per centum of the amount 
which would otherwise be apportioned to such State under section 
104 of this title. If, within one year from the date the apportionment 
for a State is reduced under this subsection, the Secretary determines 
that such State is maintaining the Interstate system in accordance 
with the guidelines the apportionment of such State shall be increased 
by an amount equal to the reduction. If the Secretary does not make 
such a determination within such one year period the amount so 
withheld shall be reapportioned to all other eligible States.". 
(b) The material following the colon in section 104(b) (5) (B) of 
title 23, United States Code, is amended to read as follows: 
"Seventy-five per centum in the ratio that lane miles in use for more 
than five years on the Interstate System (other than those on toll roads 
not subject to a Secretarial agreement provided for in section 105 of 
the Federal-Aid Highway Act of 1978) in each State bears to the total Ante, p. 2692. 
of all such lane miles in all States; and 25 per centum in the 
ratio that vehicle miles traveled on lanes in use for more than five 
years on the Interstate System (other than those on toll roads not 
subject to a Secretarial agreement provided for in section 105 of the 
Federal-Aid Highway Act of 1978) in each State bears to the total 
of all such vehicle miles in all States.". 
(c) The analysis of chapter 1 of title 23, United States Code, is 
amended by deleting: 
"119. Repealed." 
and inserting in lieu thereof: 
"119. Interstate System resurfacing.". 
(d) Section 109 of title 23, United States Code, is amended by adding 
at the end thereof the following subsection: 
"(m) The Secretary shall issue guidelines describing the criteria 
applicable to the Interstate System in order to insure that the con-
dition of these routes is maintained at the level required by the pur-
poses for which they were designed. The initial guidelines shall be 
issued no later than October 1,1979.". 
Interstate System 
maintenance, 
guidelines. 
TRAFnC CONTROL SIGNALIZATION 
SEC. 117. Section 120(d) of title 23, United States Code, is amended 
by inserting after "section 130 of this title," the following: "and for 
any project for traffic control signalization,". 
ADVANCES TO STATES 
SEC. 118. Section 124 of title 23, United States Code, is amended by 
inserting immediately before the first sentence thereof the following: 
"(a)". Such section 124 is further amended by adding at the end 
thereof the following new subsection: 
" (b) Notwithstanding subsection (a) of this section, if the Secretary Determination, 
of Transportation determines that any toll bridge, toll tunnel, or 
approach thereto, which meets the requirements of section 129 of this 
title is necessary to complete an essential gap in the Interstate System 23 USC 129. 
then, upon request of the State highway department, the Secretary 
92 STAT. 2700 
PUBLIC LAW 95-599—NOV. 6, 1978 
23 use 129. 
Federal share 
excess, 
repayment. 
Interest rate. 
23 use 103. 
shall, at any time during construction of such bridge, tunnel, or 
approach and for one year after it is opened to traffic, and subject to 
the conditions and limitations of such section 129, advance to such 
State 100 per centum of the cost of construction of such bridge, tunnel, 
or approach. So much of the amount so advanced that exceeds the 
Federal share of such construction cost shall be repaid to the United 
States as follows: 
"(1) 50 per centum within one year of the date such bridge, 
tunnel, or approach is opened to traffic, 
"(2) 25 per centum within two years of such date of opening, 
and 
"(3) 25 per centum within three years of such date of opening. 
Any advance made to a State under this subsection shall be from 
the funds apportioned to said State for the Interstate System. So 
much of any advance made to a State under this subsection required 
to be I'epaid shall be repaid with interest at a rate determined by 
the Secretary. If a State receives any advance under this subsection 
with respect to any toll bridge, tunnel, or approach thereto, then 
the provisions of section 103(e)(4) of this title shall not apply to 
such bridge, tunnel, or approach.". 
EMERGENCY RELIEF 
SEC. 119. The second sentence of subsection 125(a) of title 23, 
United States Code, is amended by— 
(1) inserting the words "prior to the fiscal year ending Sep-
tember 30, 1978," immediately after " (2)"; and 
(2) inserting the following words before the period at the 
end of the sentence: ", and for any fiscal year thereafter, 100 per 
centum of such expenditures are authorized to be appropriated 
; 
out of the Highway Trust Fund". 
TOLL BRmOES STUDY 
Federal funding. 
SEC. 120. Section 129 of title 23, United States Code, is amended 
by adding a new subsection (i) as follows: 
23 use 301. 
"(i) Notwithstanding section 301 of this title, the Secretary may 
permit Federal participation, through funds for any Federal-aid 
system otlier than the Interstate System, in any engineering and fiscal 
assessments, traffic analyses, network studies, preliminary modifica-
tion planning, and any other study necessary to determine whether 
a privately owned toll bridge should be acquired by a state or political 
subdivision thereof." 
ADVERTISING BY NONPROFIT ORGANIZATIONS 
SEC. 121. Section 131 (c) of title 23, United States Code, is amended— 
(1) by striking out "and (4)" and inserting in lieu thereof 
"(4)";and 
(2) by striking out the period at the end thereof and inserting 
' in lieu thereof a comma and the following: "and (5) signs, dis-
plays, and devices advertising the distribution of nonprofit orga-
nizations of free coffee to individuals traveling on the Interstate 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2701 
System or the primary system. For the purposes of this subsec- "Free coffee.' 
tion, the term 'free coffee' shall include coffee for which a donation 
may be made, but is not required.". 
CONTROL or OUTDOOR ADVERTISING 
SEC. 122. (a) Subsection (g) of section 131, title 23, United States 
Code, is amended by striking the period at the end of the first sentence 
and adding the following "and not permitted under subsection (c) 
of this section, whether or not removed pursuant to or because of 
this section.". 
(b) Subsection (k) of section 131, title 23, United States Code, is 
amended by striking the first word and inserting in lieu thereof the 
following: "Subject to compliance with subsection (g) of this section 
for the payment of just compensation, nothing". 
(c) Clause (3) of subsection (c) of section 131 of title 23, United 
States Code, is amended by inserting immediately after "devices," the 
following: "including those which may be changed at reasonable 
intervals by electronic process or by remote control,". 
(d) Subsection (j) of section 131 of title 23, United States Code, 
is amended by inserting immediately after "agreement" at the end 
of the first sentence, the following: ": Provided^ That permission by 
a State to erect and maintain information displays which may be 
changed at reasonable intervals by electronic process or remote control 
and which provide public service information or advertise activities 
conducted on the property on which they are located shall not be 
considered a breach of such agreement or the control required 
thereunder.". 
ENFORCEMENT OF VEHICLE WEIGHT LIMITATIONS 
SEC. 123. (a) Not later than the one-hundred-eightieth day after Inventory, 
the date of enactment of this section, the Secretary of Transportation, consultation, 
hereunder referred to as the "Secretary", in consultation with each ^^ ^^^ ^^^ "
^
*
*
*
*
'
-
State shall inventory the existing system of penalties for violations 
of vehicle weight laws, rules, and regulations on any portion of any 
Federal-aid system in such State. Each State shall annually there- Annual report, 
after report to the Secretary its current inventory. 
(b)(1) Not later than the one-hundred-eightieth day after the Inventory, 
date of enactment of this section, the Secretary, in consultation with consultation, 
each State, shall inventory the existing system in such State for the 
issuance of special permits. Each State shall annually thereafter Annual report, 
report to the SecT-"tary its current inventory. 
(2) For purposes of this subsection, the term "special permit" means "Special permit." 
a license or permit issued pursuant to State law, rule, or regulation 
which authorizes a vehicle to exceed the weight limitation for such 
vehicle established under State law, rule, or regulation. 
(c) Not later than January 1 of the second calendar year which Annual report 
begins after the date of enactment of this section and each calendar and 
year thereafter the Secretary shall submit to Congress an annual recommendations 
report together with such recommendations as the Secretary deems *° Congress, 
necessary on (1) the latest annual inventory of State systems of 
penalties required by subsection (a) of this section; (2) the latest 
annual inventory of State systems for the issuance of special permits 
92 STAT. 2702 
PUBLIC LAW 95-599—NOV. 6, 1978 
required by subsection (b) of this section; (3) the annual certification 
submitted by each State required by section 141(b) of title 23, United 
States Code. 
(d) Section 141 of title 23, United States Code, is amended to read 
as follows: 
"§141. Enforcement of requirements. 
Certifications. 
"(a) Each State shall certify to the Secretary before January 1 of 
each year that it is enforcing all speed limits on public highways in 
23 use 154. 
accordance with section 154 of this title. The Secretary shall not 
23 use 106. 
approve any project under section 106 of this title in any State which 
has failed to certify in accordance with this subsection. 
" (b) Each State shall certify to the Secretary before January 1 of 
each year that it is enforcing all State laws respecting maximum 
vehicle size and weights permitted on the Federal-aid primary system, 
the Federal-aid urban system, and the Federal-aid secondary system, 
including the Interstate System in accordance with section 127 of 
this title. 
"(c) (1) Each State shall submit to the Secretary such information 
as the Secretary shall, by regulation, require as necessary, in his opin-
ion, to verify the certification of such State under subsection (b) of 
this section. 
"(2) If a State fails to certify as required by subsection (b) of this 
section or if the Secretary determines that a State is not adequately 
enforcing all State laws respecting such maximum vehicle size and 
weights, notwithstanding such a certification, then Federal-aid high-
way funds apportioned to such State for such fiscal year shall be 
reduced by amounts equal to 10 per centum of the amount which would 
otherwise be apportioned to such State under section 104 of this title. 
"(3) If within one year from the date that the apportionment for 
any State is reduced in accordance with paragraph (2) of this sub-
section the Secretary determines that such State is enforcing all State 
laws respecting maximum size and weights, the apportionment of such 
State shall be increased by an amount equal to such reduction. If the 
Secretary does not make such a determination within such one-year 
period, the amounts so withheld shall be reapportioned to all other 
eligible States.". 
23 use 141 note. 
(e) Section 141 (c) (2) and (3) of title 23, United States Code, shall 
be applicable to certifications required by such section 141 to be filed 
on or after January 1,1980. 
23 use 127. 
State verification 
information, 
regulations. 
Funds, reduction 
and witholding. 
23 use 104. 
HIGHWAY BRIDGE REPLACEIMENT PROGRAM 
SEC. 124. (a) Section 144 of title 23 of the United States Code is 
amended to read as follows: 
*
*
§ 144. Highway bridge replacement and rehabilitation program 
"(a) Congress hereby finds and declares it to be in the vital inter-
est of the Nation that a highway bridge replacement and rehabilita-
tion program be established to enable the several States to replace 
or rehabilitate highway bridges over waterways, other topographical 
barriers, other highways, or railroads when the States and the Sec-
retary finds that a bridge is significantly important and is unsafe 
because of structural deficiencies, physical deterioration, or func-
tional obsolescence. 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2703 
"(b) The Secretary, in consultation with the States, shall (1) 
inventory all those highway bridges on any Federal-aid system which 
are bridges over waterways, other topographical barriers, other 
highways, and railroads; (2) classify them according to service-
ability, safety, and essentiality for public use; (3) based on that 
classification, assign each a priority for replacement or rehabilitation; 
and (4) determine the cost of replacing each such bridge with a 
comparable facility or of rehabilitating such bridge. 
"(c)(1) The Secretary, in consultation with the States, shall (1) 
inventory all those highway bridges on public roads, other than those 
on any Federal-aid system, which are bridges over waterways, other 
topographical barriers, other highways, and railroads, (2) classify 
them according to serviceability, safety, and essentiality for public 
use, (3) based on the classification, assign each a priority for replace-
ment or rehabilitation and (4) determine the cost of replacing each 
such bridge with a comparable facility or of rehabilitating such 
bridge. 
" (2) The Secretary may, at the request of a State, inventory bridges, 
on and off the Federal-aid system, for historic significance. 
"(d) Whenever any State or States make application to the Sec-
retary for assistance in replacing or rehabilitating a highway bridge 
which the priority system established under subsection (b) and (c) 
of this section shows to be eligible, the Secretary may approve Federal 
participation in replacing or rehabilitating such bridge with a com-
parable facility. The Secretary sliall deitermine the eligibility of 
highway bridges for replacement or rehabilitation for each State 
based upon the unsafe highway bridges in such State. In approving 
projects under this section, the Secretary shall give consideration to 
those projects which will remove from service those highway bridges 
most in danger of failure. 
"(e) Funds authorized to carry out this section shall be apportioned 
on October 1 of the fiscal year for which authorized. Funds authorized 
to carrj^ out this section for the fiscal year ending September 30,1979, 
September 30,1980, September 30,1981, and September 30,1982, shall 
be apportioned to the States in accordance with revised table 1 of 
Committee Print 95-49 of the Committee on Public Works and 
Transportation of the House of Eepresentatives. Funds authorized to 
carry out this section which are apportioned under this section shall 
be available for expenditure for the same period as funds appor-
tioned for projects on the Federal-aid primary system under this title. 
Any funds not obligated at the expiration of such period shall be 
reapportioned by the Secretary to other States in accordance with 
revised table 1 of Committee Print 95-49 of the Committee on Public 
Works and Transportation of the House of Representatives. 
"(f) The Federal share payable on account of any highway bridge 
replaced or rehabilitated under this section shall be 80 per centum 
of the cost thereof. 
"(g) To carry oiit this section, there is authorized to be appro-
priated out of the Highway Trust Fund, $100,000,000 for the fiscal 
year ending June 30, 1972, $150,000,000 for the fiscal year ending 
June 30, 1973, $25,000,000 for the fiscal year ending June 30, 1974, 
$75,000,000 for the fiscal year ending June 30, 1975, and $125,000,000 
for the fiscal year ending June 30,1976, to be available until expended. 
Of the amount authorized per fiscal year for each of the fiscal years 
Inventory, 
consultation. 
Classification. 
Cost 
determination. 
Inventory, 
consultation. 
Classification. 
Cost 
determination. 
Inventory. 
Assistance to 
States, approval. 
Eligibility 
determination. 
Funds, 
apportionment. 
Federal share. 
Appropriation 
authorization. 
92 STAT. 2704 
PUBLIC LAW 95-599—NOV. 6, 1978 
Reduction, 
consultation. 
33 use 525. 
33 use 401. 
Annual reports. 
Review. 
Report and 
legislative 
recommendations 
to Congress. 
ending September 30, 1979, September 30, 1980, September 30, 1981, 
and September 30, 1982, authorized by paragraph (6) of section 202 
of the Highway Safety Act of 1978, all but $200,000,000 per fiscal year 
shall be apportioned as provided in subsection (e) of this section. 
$200,000,000 per fiscal year of the amount authorized for each of 
the fiscal years ending September 30, 1979, September 30, 1980, Sep-
tember 30, 1981, and September 30, 1982, shall be available for obli-
gation on the date of each such apportionment in the same manner 
and to the same extent as the sums apportioned on such date except 
that the obligation of such $200,000,000 shall be at the discretion 
of the Secretary and shall be only for projects for those highway 
bridges the replacement or rehabilitation cost of each of which is more 
than $10,000,000. N^ot less than 15 per centum nor more than 35 per 
centum of the amount apportioned to each State in each of the fiscal 
years ending September 30, 1979, September 30, 1980, September 30, 
1981, and September 30,1982, shall be expended for projects to replace 
or rehabilitate highway bridges located on public roads, other than 
those on a Federal aid system. The Secretary after consultation with 
State and local officials may, with respect to a State, reduce the 
requirement for expenditure for bridges not on a Federal aid system 
when he determines that such State has inadequate needs to justify 
such expenditure. 
"(h) N^otwithstanding any other provision of law, the General 
Bridge Act of 1946 (33 U.S.C. 525-533) shall apply to bridges 
authorized to be replaced, in whole or in part, by this section, except 
that subsection (b) of section 502 of such Act of 1946 and section 9 
of the Act of March 3, 1899 (30 Stat. 1151) shall not apply to any 
bridge constructed, reconstructed, rehabilitated, or replaced with 
assistance under this title, if such bridge is over waters which are 
not subject to the ebb and flow of the tide, and which are not used 
and are not susceptible to use in their natural condition or by reason-
'able improvement as a means to transport interstate or foreign 
icommerce. 
"(i) The Secretary shall report annually on projects approved 
under this section, shall annually revise and report the current inven-
tories authorized by subsections (b) and (c) of this section, and shall 
report such recommendations as he may have for improvement of the 
program authorized by this section. 
"(j) Sums apportioned to a State under this section shall be made 
available for obligation throughout such State on a fair and equitable 
basis. 
"(k) Not later than six months after the date of enactment of this 
subsection, and periodically thereafter, the Secretary shall review the 
procedure used in approving or disapproving applications submitted 
under this section to determine what changes, if any, may be made to 
expedite such procedure. Any such changes shall be implemented by 
the Secretary as soon as possible. Not later than nine months after 
the date of enactment of this subsection, the Secretary shall submit 
a report to Congress which describes such review and such changes, 
including any recommendations for legislative changes. 
" (I) Notwithstanding any other provision of law, any bridge which 
is owned and operated by an agency (1) which does not have taxing 
powers, (2) whose functions include operating a federally assisted 
public transit system subsidized by toll revenues, shall be eligible for 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2705 
assistance under this section but the amount of such assistance shall 
in no event exceed the cumulative amount which such agency has 
expended for capital and operating costs to subsidize such transit 
system. Before authorizing an expenditure of funds under this sub-
section, the Secretary shall determine that the applicant agency has 
insufficient reserves, surpluses, and projected revenues (over and 
above those required for bridge and transit capital and operating 
costs) to fund the necessary bridge replacement or rehabilitation 
project. 
"(m) As used in this section the term 'rehabilitate' in any of its "Rehabilitate." 
forms means major repairs necessary to restore the structural integrity 
of a bridge as well as work necessary to correct a major safety defect.". 
(b) The analysis of chapter 1 of title 23, United States Code, is 
amended by deleting: 
"144. Special bridge replacement program." 
and inserting in lieu thereof: 
"144. Highway bridge replacement and rehabilitation program.". 
(c) The Secretary of Transportation shall complete the require-
ments of subsection (c) of section 144 of title 23, United States Code, 
as amended by subsection (a) of this section not later than the last day 
of the second full calendar year which begins after the date of the 
enactment of this section. 
(d) Subsection (d) of section 116 of title 23, United States Code, 
is amended (1) by striking out "on any of the Federal-aid highway 
system" at the end of the first sentence, and (2) by striking out "on 
the Federal-aid system" at the end of the last sentence. 
23USC144note. 
SPUR HIGHWAYS 
GREAT RIVER ROAD 
SEC. 125. (a) Section 148 of title 23, United States Code, is amended 
by adding at the end thereof the following new subsection: 
"(h) The Secretary is authorized to provide for the construction 
of such spur highways as he determines necessary to connect the 
Great River Road, by the most direct feasible routes, with existing 
bridges across the Mississippi for the purpose of providing persons 
traveling such road with access to significant scenic, historical, recrea-
itional, or archeological features on the opposite side of the Mississippi 
River from the Great River Road.". 
(b) Section 148(a) (5) of title 23, United States Code, is amended 
to read as follows: 
"(5) the provisions of section 129(a) of this title shall not 
apply to any bridge or tunnel on the Great River Road and no 
fees shall be charged for the use of any facility constructed with 
assistance under this section, except for parks, recreational areas, 
and historical sites operated by State or local governments where 
admission fees may be charged to cover operational costs.". 
Construction 
authorization. 
CARP00L8 AND VANPOOLS 
SEC. 126. (a) Chapter 1 of title 23, United States Code, is amended 
by adding after section 145 the following new section: 
*§146. Carpool and vanpool projects 
"(a) In order to conserve fuel, decrease traffic congestion during 
rush hours, improve air quality, and enhance the use of existing 
23 use 146. 
92 STAT. 2706 
PUBLIC LAW 95-599—NOV. 6, 1978 
23 use 104. 
"Carpool." 
Repeals. 
23 use 101 note. 
23 use 101 note. 
23 use 101 note. 
49 use 303. 
23 use 146 note. 
Assistance. 
Grants and loans. 
Federal share. 
Appropriation 
authorization. 
highways and parking facilities, the Secretary may approve for 
Federal financial assistance from funds apportioned under sections 
1 0 4 ( b H l ) , 104(b) (2), and 104(b) (6) of this title, projects designed 
to encourage the use of carpools and vanpools. (As used hereafter in 
this section, the term 'carpool' includes a vanpool.) Such a project 
may include, but is not limited to, such measures as providing car-
pooling opportunities to the elderly and handicapped, systems for 
locating potential riders and informing them of convenient carpool 
opportunities, acquiring vehicles appropriate for carpool use, desig-
nating existing highway lanes as preferential carpool highway lanes, 
providing related traffic control devices, and designating existing 
facilities for use as preferential parking for carpools. 
"(b) A project authorized by this section shall be subject to and 
carried out in accordance with all provisions of this title, except 
those provisions which the Secretary determines are inconsistent 
with this section.". 
(b) Section 3 of the Emergency Highway Energy Conservation 
Act (Public Law 93-239), section 120 of the Federal-Aid Highway 
Amendments of 1974 (Public Law 93-643), and section 143 of the 
Federal-Aid Highway Act of 1976 (Public Law 94-280), are repealed. 
(c) Section 203(b) (7a) of part I I of the Interstate Commerce 
Act is amended by inserting after "aircraft" a semicolon and the 
following: "or (7b) vehicles carrying up to fifteen persons in a single 
daily roundtrip for the purpose of commuting to and from work;". 
(d) It is hereby declared to be national policy that special effort 
should be made to promote commuter modes of transportation which 
conserve energy, reduce pollution, and reduce traffic congestion. The 
Secretary is directed to assist both public and private employers and 
employees who wish to establish carpooling and vanpooling programs 
where they are needed and desired, and to assist local and State 
governments, and their instrumentalities, in encouraging such modes 
by removing legal and regulatory barriers to such programs, sup-
porting existing carpooling and vanpooling programs, and providing 
technical assistance, for the purpose of increasing participation in 
such modes. 
(e) The Secretary of Transportation is authorized to make grants 
and loans to States, counties, municipalities, metropolitan planning 
organizations, and other units of local and regional government con-
sistent with the policy of subsection (d) of this section. Such grants 
and loans shall be awarded in a manner which emphasizes energy 
conservation, although the Secretary may use other factors as he 
deems appropriate. The Federal share of the costs of any project 
approved under this subsection shall not exceed 75 per centum. No 
grant awarded under this subsection may be used for the purchase or 
lease of vehicles. 
(f) There is hereby authorized to be appropriated, out of the High-
way Trust Fund, not to exceed $1,000,000 for the fiscal year ending 
September 30, 1979, $1,000,000 for the fiscal year ending Septem-
ber 30, 1980, and $1,000,000 for the fiscal year ending September 30, 
1981, for expenditures incurred by the Secretary of Transportation 
in carrying out the provisions of subsection (d) of this section, and 
$3,000,000 for the fiscal year ending September 30,1979, and $9,000,000 
for the fiscal year ending September 30, 1980, for the purpose of 
carrying out the program described in subsection (e) of this section. 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2707 
(g) The Secretary of Transportation shall not approve any project 
under subsection (d) or (e) of this section or under section 146 of 
title 23, United States Code, which will have an adverse effect on any 
mass transportation system. 
(h) The Secretary of Transportation is directed to study the Administration 
administrative effectiveness of carpooling and vanpooling programs study and plan, 
within the Department of Transportation, including programs of 
the Federal Highway Administration, the Urban Mass Transporta-
tion Administration,*and the Office of tlie Secretary. Such stud^v shall 
be completed no later than September 30, 1979. TTpon completion of 
such study, the Secretary shall propose a plan to centralize or modify 
such programs to make delivery of services and grants more efficient, 
more cost-effective, and to avoid duplication of effort. Such plan Submittal to 
shall list statutory changes needed to implement such a plan, which Congress, 
shall be sent to Congress no later than March 30, 1980. 
PAVEMENT MARKING 
SEC. 127. Section 151 (e) of title 23, United States Code, is amended Funds, allocation, 
by striking the period at the end thereof and adding the following: 
"for the Federal-aid primary system. On October 1 of 1978. 1979, and 
1980 the Secretary snail allocate the sums authorized to carry out 
this section for that fiscal year among the several States in such 
manner as he deems most appropriate to expedite the completion of 
pavement marking of all highways. Any amounts allocated to the 
States remaining unobligated at the end of the fiscal year following 
the fiscal year for which such amounts are authorized shall immedi-
ately be reallocated by the Secretary among the other States.". 
BRIDGES ON DAMS 
SEC. 128. (a) Subsection (d) of section 320 of title 23, Ignited States 
Code, is amended by striking out "$50,000,000" and inserting in lieu 
thereof "$65,000,000". 
(b) Sums appropriated or expended under authority of the 23 USC 320 note, 
increased authorization established by the amendment made by sub-
section (a) of this section shall be appropriated out of the Highway 
Trust Fund for the fiscal year ending September 30, 1978, and for 
subsequent fiscal years. 
FEDERAL SHARE 
SEC. 129. (a) The first sentence of subsection (a) of section 120 
of title 23, United States Code, is amended by striking out "70 per 
centum" each place it appears and inserting in lieu at each such place 
"75 per centum". 
(b) Subsection (d) of section 120 of title 23, United States Code, 
is amended by striking out "70 per centum" and inserting in lieu 
thereof "75 per centum". 
(c) The first sentence of subsection (f) of section 120 of title 23, 
United States Code, is amended by striking out "70 per centum" and 
inserting in lieu thereof "75 per centum". 
(d) Subsection (e) of section 148 of title 23, United States Code, 
is amended by striking out "70 per centum" and inserting in lieu 
thereof "75 per centum". 
92 STAT. 2708 
PUBLIC LAW 95-599—NOV. 6, 1978 
23 u s e 120 note. 
Federal share. 
(e) Subsection (b) of section 155 of title 23, United States Code, 
is amended by striking out "70 per centum" and inserting in lieu 
thereof "75 per centum". 
(f) Subsection (a) of section 215 of title 23, United States Code, 
is amended by striking out "70 per centum" and inserting in lieu 
thereof "100 per centum". 
(g) The last sentence of subsection (c) of section 406 of title 23, 
United States Code, is amended by striking out "title shall not exceed 
70 per centum" and inserting in lieu thereof "section shall not exceed 
75 per centum". 
(h) The amendments made by subsections (a) through (g) of this 
section shall take effect with respect to obligations incurred after the 
date of enactment of this section. 
(i) Section 120 of title 23, United States Code, is amended by add-
ing at the end thereof the following new subsection: 
"(i) Notwithstanding any other provision of this section or of this 
title, the Federal share payable on account of any project under this 
title in the Virgin Islands, Guam, American Samoa, or the Common-
wealth of the Northern Mariana Islands shall be 100 per centum of 
the total cost of the project". 
BALTIMORE-WASHINGTON 
PARKWAY 
84 Stat. 1739. 
SEC. 130. Section 146(a) of the Federal-Aid Highway Act of 1970 
is amended (1) by striking out "to six lanes" and (2) by striking out 
"for the National System of Interstate and Defense Highways" and 
inserting in lieu thereof a comma and "agreed upon by the Secretary 
of Transportation and the Secretary of Transportation of the State 
of Maryland, which preserve the Parkway characteristics". 
87 Stat. 272. 
MULTIMODAL CONCEPT 
SEC. 131. Section 143 of the Federal-Aid Highway Act of 1973 is 
amended by adding at the end thereof the following new subsection; 
"(c) Based upon the report submitted to Congress under subsection 
(b) of this section, the Secretary of Transportation is authorized to 
provide for the preparation of preliminary engineering and design 
plans and the construction of models in connection with the develop-
ment of the multimodal concept along the route described in para-
graph (1) of subsection (a) of this section. There is authorized to be 
appropriated, out of the Highway Trust Fund, not to exceed 
$9,000,000 to carry out this subsection.". 
RURAL HIGHWAY PUBMC TRANSPORTATION DEMONSTRATION PROJECT 
SEC. 132. Subsection (a) of section 147 of the Federal-Aid Highway 
23 use 142 note. Act of 1973 is amended by adding at the end thereof the following: 
"A demonstration project shall be carried out under this section in 
and in the vicinity of the Sherman, Texas-Denison, Texas area.". 
Appropriation 
authorization. 
ITIANCONIA NOTCH, NEW HAMPSHIRE 
Appropriation 
SEC 133. Section 158 of the Federal-Aid Highway Act of 1973 is 
authorization. 
amended by adding at the end thereof the following: "Upon approval 
by the Secretary of such Franconia Notch parkway, there is authorized 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2709 
to be appropriated to the State of New Hampshire, out of the High^ 
way Trust Fund, an amount equal to 90 per centum of the difference 
between the cost of such parkway as established in the 1979 Inter-
state System cost estimate and the cost of constructing a four-lane 
Interstate System highway at that location as such cost would be 
established m such 1979 cost estimate if such Interstate System 
highway were to be constructed. The funds authorized by the pre-
ceding sentence shall be available only for expenditure on highways 
on any of the Federal-aid highway systems, other than the Interstate 
System, which serve as alternative routes around Franconia Notch. 
Such funds shall be available in the same manner and to the same 
extent as any of the funds authorized by section 104(b)(1) of the 
Federal-Aid Highway Act of 1978, shall he available until expended, Ante, p. 2691. 
and shall be subject to all other applicable provisions of chapter 1 
of title 2,3, United States Code.". 
DEMONSTRATION PROJECTS—^RAILROAD HIGHWAY CROSSINGS 
SEC. 134. (a) (1) Section 163 of the Federal-Aid Highway Act of 
1973 (Public Law 93-87) is amended by adding immediately after 23USC130note, 
subsection (1) the following new subsection: 
" (m) The Secretary of Transportation shall enter into such arrange-
ments as may be necessary to carry out a demonstration project in 
Hammond, Indiana, for the relocation of railroad lines for the pur-
poses of eliminating highway railroad grade crossings.". 
(2) Existing subsections (m), (n), (o), and (p) of such section 
163 are relettered as (n), (o), (p), and (q), respectively, including 
any references thereto. 
(b) Subsection (n) (as relettered by this section) of section 163 of 
the Federal-Aid Highway Act of 1973 (Public Law 93-87) is amended 
to read as follows: 
"(n) The Federal share payable on account of such projects shall 
be 95 per centum of the cost.". 
(c) Subsection (p) (relettered by this section) of such section 163 Federal share. 
is amended by striking out "and $51,400,000 for the fiscal year ending 
September 30, 1978, except that" and inserting in lieu thereof the 
following: $51,400,000 for the fiscal year ending September 30, 
1978, $70,000,000 for the fiscal year ending September 30, 1979, and 
$90,000,000 for the fiscal year ending September 30, 1980, $100,000,000 
for the fiscal year ending September 30, 1981, and $100,000,000 for 
the fiscal year ending September 30,1982, except that". 
(d) Title III of the National Mass Transportation Systems Act Repeal. 
of 1974 (Public Law 93-503) is hereby repealed. 
49 USC 1605 
note. 
OVERSEAS HIGHWAY 
SEC. 135. Section 118(b) of the Federal-Aid Highway Amend-
ments of 1974 (88 Stat. 2288, Public Law 93-643), as amended, is 
amended by striking "$109,200,000" and inserting in lieu thereof 
"$118,000,000". 
ACCELERATION OF PROJECTS 
SEC. 136. Section 141 of the Federal-Aid Highway Act of 1976 (90 Report to 
Stat. 444-445) is amended by adding at the end thereof the following Congress, 
new sentence: "Not later than six months after the completion of 
23USC 124note. 
92 STAT. 2710 
PUBLIC LAW 95-599—NOV. 6, 1978 
such project, the Secretary of Transportation shall submit a report to 
Congress which includes, but is not limited to, a description of the 
methods used to reduce the time necessary for the completion of such 
project, recommendations for applying such methods to other high-
way projects, and any changes which may be necessary to existing 
law to permit further reductions in the time necessary to complete 
highway projects.". 
NATIONAL TRANSPORTATION POLICY STUDY COMMISSION 
SEC. 137. (a) Section 154(c) of the Federal-Aid Highway Act of 
23 use 101 note. 1976 is amended by striking out "December 31, 1978" and inserting 
in lieu thereof "July 1,1979,". 
Expenses. 
(b) (1) Subsection (h) (1) of section 154 of the Federal Aid High-
way Act of 1976 is amended by inserting after the second sentence 
thereof the following new sentence: "The personnel shall be entitled 
to reimbursement for travel expenses, per diem in accordance with 
the Rules of the House of Representatives or subsistence, and other 
necessary expenses incurred by them in performance of their duties as 
personnel of the Commission.". 
(2) The amendment made by paragraph (1) of this subsection shall 
take effect on May 5,1976. 
Federal share. 
40USCapp.201. 
40 use app. 201 
note. 
33 use 701s. 
Federal share. 
APPALACHIAN DEVELOPMENT HIGHWAYS 
SEC. 138. (a) Subsection (f) of section 201 of the Appalachian 
Regional Development Act of 1965 is amended to read as follows: 
"(f) Federal assistance to any construction project under this sec-
tion shall not exceed 80 per centum of the costs of such project.". 
(b) The third sentence of section 201(a) of the Appalachian 
Regional Development Act of 1965 is amended by striking out "two 
thousand nine hundred miles." and inserting in lieu thereof "three 
thousand and twenty-five miles.". 
(c) In any case where an Appalachian development highway on 
the Federal-aid primary system, is the final section of an approved 
Appalachian development corridor highway within an urbanized area, 
transects an unincorporated jurisdiction, and is a necessary element of 
a flood control project for the protection of a commercially zoned 
area containing not less than seventy commercial and industrial estab-
lishments which is authorized under section 205 of the Flood Control 
Act of 1948, the Secretary of Transportation shall provide to the 
State highway department so much of the costs, not to exceed 
$1,800,000, as may be necessary to permit construction of that portion 
of such development highway as is necessary to permit completion of 
the flood control project. The Federal share of the total cost of any 
complete Appalachian development highway a portion of which 
receives assistance under this subsection shall not exceed (including 
all assistance under this subsection) that percentage of such total cost 
which, but for this subsection, would otherwise be applicable to such 
development highway. 
USE OF TOLL RECEIPTS 
SEC. 139. The second sentence of subsection (b) of section 2 of the 
Act entitled "An Act granting the consent of Congress to the State of 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2711 
California to construct, maintain, and operate a bridge across the Bay 
of San Francisco from the Kincon Hill district in San Francisco by 
way of Goat Island to Oakland", approved February 20, 1931, is 
amended by striking out the period at the end thereof and inserting 
in lieu thereof a comma and the following: "and new approaches to 
the San Mateo Bridge in the San Francisco Bay Area.". 
ROUTE DESIGNATION 
SEC. 140. Notwithstanding the amendments made by section 107(b) 
of this Act, the Secretary of Transportation shall, not later than sixty 
days after the date of enactment of this Act, designate as routes on tKe 
National System of Interstate and Defense Highways 20.5 miles of 
existing State Eoute 11 in the city of Los Angeles, California, between 
FAI Route 10 and State Route 47 /Community of San Pedro, 4.2 miles 
of the proposed Lockport Expressway in the town of Amherst, Erie 
County, New York, and 5.1 miles of proposed Interstate Route 1-481, 
connecting Exit 34-A of 1-90 to the Bear Road Interchange of 1-81 
in Onondaga County, New York. 
46 Stat. 1192. 
BICYCLE PROGRAM 
SEC. 141. (a) For the purposes of this section, the term— 
(1) "Secretary" means the Secretary of Transportation; 
(2) "bikeway" means a new or improved lane, path, or shoul-
der, a traffic control device, lighting, or a shelter or parking 
facility for bicycles; 
(3) "State" means any one of the fifty States, the District of 
Columbia, or Puerto Rico. 
(b) The Secretary shall, by regulation, establish design and con-
struction standards for bikeway construction projects for which 
grants are authorized in subsection (c) and section 217 of title 23, 
United States Code. Such regulations shall contain criteria for pave-
ments, adequate widths, sight distances and lighting; appropriate 
design speeds and grades; and such other requirements as the Secretary 
may deem necessary. 
(c) The Secretary is authorized to make grants to States and to 
political subdivisions thereof for (1) the construction of bikeways 
which (A) comply with regulations promulgated pursuant to sub-
section (b), or (B) prior to promulgation of such regulations, reflect 
current state of the Art design standards, or (2) nonconstruction 
programs or projects which can reasonably he expected to enhance 
the safety and use of bicycles. Projects in urban areas financed with 
grants under this subsection shall be in accordance with the continuing, 
comprehensive planning process in section 134 of title 23, United States 
Code. 
(d) The Federal share of any project or program for which a 
grant is made under subsection (c) shall not exceed 75 per cent. 
(e) Grants made under this section shall be in addition to any 
sums available for bicycle projects under section 217 of title 23, 
United States Code. 
(f) Section 109(f) of title 23, United States Code, is amended by 
adding after the words "median strips,", the following: "bikeways,". 
(g) Section 109 of title 23, United States Code, is amended by 
adding a new subsection as follows: 
Definitions. 
23 u s e 217 note. 
Bikeway clesij;n 
and construction 
standards, 
regulations. 
Grants. 
Federal share. 
92 STAT. 2712 
PUBLIC LAW 95-599—NOV. 6, 1978 
Construction. 
23 use 104. 
Appropriation 
authorization. 
23 u s e 217 note. 
"(n) The Secretary shall not approve any project under this title 
that will result in the severance or destruction of an existing major 
route for nonmotorized transportation traffic and light motorcycles, 
unless such project provides a reasonably alternate route or such a 
route exists.". 
(h) Section 217(a) of title 23, United States Code, is amended to 
read as follows: 
"(a) To encourage euergy conservation and the multiple use of 
highway rights-of-way, including the development, improvement, and 
use of bicycle transportation and the development and improvement 
of pedestrian walkways on or in conjunction with highway rights-of-
way, the States may, as Federal-aid highway projects, construct new or 
improved lanes, paths, or shoulders; traffic control devices, shelters 
for and parking facilities for bicycles; and pedestrian walkways. Sums 
apportioned in accordance with paragraphs (1), (2), and (6) of sec-
tion 104(b) of this title shall be available for bicycle projects and 
pedestrian walkways authorized under this section and such projects 
shall be located and designed pursuant to an overall plan which will 
provide due consideration for safety and contiguous routes,". 
(i) There is authorized to be appropriated to the Secretary to carry 
out subsection (c), for each of the fiscal years ending September 30, 
1979, September 30, 1980, September 30, 1981, and September 30, 
1982, out of the Highway Trust Fund $10,000,000, and $10,000,000 out 
of any other money in the Treasury not otherwise appropriated. 
RAIL OPERATION PROJECTS IN NONHIGHWAY AREAS 
Federal financial SEC. 142. (a) The Secretary may approve for Federal financial 
assistance, 
assistance from funds apportioned for the Federal-aid primary sys-
approval. 
tem under section 104(b) (1) of title 23, United States Code, projects 
to provide such assistance for the operation of those portions of the 
Alaska Railroad from Wliittier to Portage, Alaska, for the purpose 
of linking up highways or other transportation modes receiving Fed-
eral financial assistance from funds apportioned under such section. 
Not more than 5 per centum of the funds apportioned for the Federal-
aid primary system under section 104(b) (1) of title 23, United States 
Conditions. 
Code shall be expended in any fiscal year under this section. Any such 
approval shall be subject to the conditions that— 
(1) fares or other charges made in such operations shall be 
under the control of a Federal or State agency or official; and 
(2) all revenues derived from operation of such portions shall 
be used to pay for the cost of construction or acquisition of the 
railroad (including equipment) involved in such operation, debt 
service thereon, and actual and necessary costs of operation, 
maintenance, repair, and replacement. 
(b) A project authorized by this section shall be subject to and 
.. 
carried out in accordance with all provisions of title 23, United States 
Code, except those provisions which the Secretary determines are 
inconsistent with this section. 
INTERSTATE ROUTE 1-90 
SEC. 143. (a) Notwithstanding section 129 of title 23, United States 
Code, or any regulation or agreement to the contrary, the Secretary 
of Transportation is authorized to approve projects on the Interstate 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2713 
System for the construction of approaches and interchanges connect-
ing route 1-88 to route 1-90 if all lanes on 1-90 between exits 25 and 
26 are free of tolls and connecting route 1-87 to route 1-90 if all 
lanes on 1-90 between exits 24 and 26 are free of tolls, in New York 
State although such projects have no use other than as approaches to 
route 1-90, if such projects are otherwise eligible for such approval, 
(b) The Secretary of Transportation is authorized to approve as 
a project on the Interstate System the construction of an additional 
lane in each direction on route 1-90 connecting route 1-88 to such 
route 1-90 between exits 25 and 26 on condition that all lanes on 1-90 
between exits 24 and 26 are free of tolls. 
METRIC SYSTEM SIGNING 
SEC. 144. (a) No Federal funds may be expended to construct, erect, 23 USC109 note, 
or otherwise place any sign relating to any speed limit, any distance, or 
other measurement, on any highway if such sign establishes such speed 
limit, distance, or other measurement solely using the metric system, 
unless Congress after the date of enactment of this Act specifically 
authorizes such expenditure. 
(b) No Federal funds may be expended to modify any sign relating 
to any speed limit, any distance, or any other measurement on any 
highway for the conversion of such sign solely to the metric system 
unless Congress, after the date of the enactment of this Act specifically 
authorizes such expenditure. 
(c) For purposes of subsections (a) and (b)— 
Definitions. 
(1) the term "highway" means a highway as defined in sec-
tion 101 of title 23, United States Code; and 
(2) the term "metric system" means metric system of measure-
ment as defined in section 4 of the Metric Conversion Act of 
1975 (15U.S.C.205C). 
THE MAINE TURNPIKE 
SEC. 145. (a) Upon satisfaction by the State of Maine or the Maine 
Turnpike Authority of the following conditions and subject to the 
requirements of subsection (b), the State of Maine and the Maine 
Turnpike Authority shall be free of all restrictions with respect to 
the imposition and collection of tolls or other charges on the Maine 
Turnpike or for the use thereof contained in title 23, United States 
Code, or in any regulation or agreement thereunder: 
(1) repayment by the State of Maine or the Maine Turnpike Repayment. 
Authority to the Treasurer of the United States of the sum of 
$3,055,000 which is the amount of Federal-aid highway funds 
received for the construction of interchanges or connections with 
the Maine Turnpike at West Gardiner, Kennebec County, Maine, 
and at York, York County, Maine; and 
(2) destruction and removal of any existing toll plaza and toll 
collection facility within three years after repayment of bonds 
outstanding with respect to the Maine Turnpike on Interstate 
295 at a location known as Exit 6A to the Maine Turnpike. 
The amount to be repaid shall be deposited to the credit of the appro-
priation for "Federal-Aid Highway (Trust Fund)". Such repayment 
shall be credited to the unprogrammed balance of the Federal-
aid highway funds of the same class last apportioned to the State 
39-194 O-
-pt. 3 
6 : QL3 
92 STAT. 2714 
PUBLIC LAW 95-599—NOV. 6, 1978 
of Maine. The amount so credited shall be in addition to all other 
funds then apportioned to such State and shall be available for expen-
diture in accordance with the provisions of title 23, United States 
Code. 
(b) The State of Maine and the Maine Turnpike Authority are 
deemed to be in compliance with section 129(c) of title 23, United 
States Code: Provided, That the conditions of subsection (a) are 
satisfied and that no toll shall be imposed or collected three years 
after repayment of bonds outstanding with respect to the Maine 
Turnpike by the State of Maine or the Maine Turnpike Authority 
for the use of the following interchange or connection with the Maine 
Turnpike: The segment of the National System of Interstate and 
Defense Highways in South Portland, Cumberland County, Maine, 
and Scarborough, Cumberland County, Maine, and identified as Inter-
state 295, connecting Interstate 295 and the Maine Turnpike. 
46 u s e 883 note. 
46 u s e 883. 
"Hovercraft." 
23 u s e 144 note. 
Apportionment 
set aside. 
Post, p. 2728. 
23 u s e 101 et 
seq. 
Federal share. 
Report to 
eongress. 
FOREIGN BUILT H0\TERCRAFT IN^ ALASKA 
SEC. 146. (a) Effective during the five-year period beginning on 
the date of enactment of this Act, nothing in section 27 of the Mer-
chant Marine Act, 1920, or any other provision of law restricting the 
coastwise trade to vessels of the United States shall prohibit the 
transportation within the State of Alaska of merchandise or pas-
sengers by foreign built hovercraft. 
(b) For the purpose of this section the term "hovercraft" means a 
vehicle which travels over land or water in a cushion of air generated 
by such vehicle. 
ACCELERATION OF BRIDGE PROJECTS 
SEC. 147. The Secretary of Transportation shall carry out two 
projects to construct or replace high traffic volume bridges located on 
the Federal-aid system and which traverse major bodies of water in 
order to demonstrate the feasibility of reducing the time required to 
replace unsafe bridges. One project shall demonstrate the feasibility 
of reducing the time required from the time of a request for project 
approval through completion of construction. The other project shall 
demonstrate the feasibility of reducing the time to complete con-
struction of bridge projects on which all Federal environmental and 
navigational reviews and assessments have been completed. Not to 
exceed $54,000,000 of the amount authorized for the fiscal year ending 
September 30, 1979, by section 202(6) of the Highway Safety Act 
of 1978 to be apportioned under section 144(e) of title 23, United 
States Code, shall be set aside before any such apportionment and 
shall be available for obligation to carry out this section in the same 
manner and to the same extent as if such funds were apportioned 
under chapter 1 of title 23, United States Code, except that such 
funds shall be available until expended. The Federal share of the 
projects authorized by this section shall be that provided in section 
120(c) of title 23, United States Code. Not later than six months 
after completion of each such project, the Secretary of Transportation 
shall submit a report to Congress which includes, but is not limited 
to, a description of the methods used to reduce the time necessary 
for the completion of such bridge project, recommendations for apply-
ing such methods to other bridge projects, and any changes which may 
be necessary to existing laws to permit further reductions in the time 
necessary to complete bridge projects. 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2715 
Appropriation 
authorization. 
THOUSAND ISLANDS BRIDGE AUTHORITY 
SEC. 148. The facility owned by the Thousand Islands Bridge Exemption. 
Authority located in part on the right-of-way of Interstate Route 1-81 
in New York State six hundred feet from the border with Canada 
is hereby exempt from the restrictions contained in section 111 of 
title 23, United States Code, prohibiting certain commercial establish-
ments on such rights-of-way. Such exemption shall be only for the 
purpose of permitting the use of such facility for the sale of only 
those articles which are for export and for consumption outside the 
United States. 
BLOOMINGTON FERRY BRIDGE 
SEC. 149. There is authorized to be appropriated to the Secretary 
of Transportation, out of the Highway Trust Fund, $200,000 for 
expenditure through the State of Minnesota in preparing environ-
mental impact statements required by Federal law in connection with 
the construction of the Scott County-Hennepin County Highway 18 
Bridge (Bloomington Ferry Bridge) in the vicinity of Blooming-
ton, Minnesota. Funds authorized by this section shall be available 
for obligation in the same manner and to the same extent as if such 
funds were apportioned under chapter 1 of title 23. United States 
Code. 
23 use 101 et 
ACCESS CONTROL DEMONSTRATION PROJECTS 
*^9-
SEC. 150. (a) The Secretary of Transportation is authorized to carry 23 USC 307 note,, 
out access control demonstration projects designed to demonstrate 
whether preserving the capacity of existing highways to move traffic 
safely by acquiring and controlling the right of access to such a high-
way is a cost effective alternative to the construction of additional 
highways. Such demonstration projects shall be carried out (1) on 
highways which are on the Federal-aid primary or secondary system, 
and are well maintained and in good condition, and (2) in traffic corri-
dors which are not already subject to heavy industrial, commercial, or 
residential development. The Secretary of Transportation shall carry 
out one such demonstration project in each of three States. 
(b) On or before September 30, 1983, the Secretary shall report to Report to 
Congress the results of the projects carried out under this section. 
Congress. 
(c) There is authorized to be appropriated to carry out this section. Appropriation 
out of the Highway Trust Fund, not to exceed $10,000,000 for the fiscal authorization, 
year ending September 30, 1979, and $20,000,000 for the fiscal year 
ending September 30,1980. 
(d) Funds authorized by this section shall be available for obligation 
in the same manner and to the same extent as if such funds were 
apportioned under chapter 1 of title 23, United States Code. 
CONNECTOR PRIMARY DEMONSTRATION 
SEC. 151. (a) The Secretary of Transportation, in cooperation with 
the States of New Mexico and Texas, shall conduct a demonstration 
project to upgrade routes on the Federal-aid primary system between 
Las Cruces, New Mexico, and Amarillo, Texas, and between Lubbock, 
Texas, and Interstate Route 10. The project shall demonstrate means 
by which the service provided by the Interstate System can efficiently 
and effectively be supplemented by such improvement. 
92 STAT. 2716 
PUBLIC LAW 95-599—NOV. 6, 1978 
Federal share. 
23 u s e 10 et seq. 
Report to 
Congress. 
Appropriation 
authorization. 
(b) Funds to carry out the project authorized by subsection (a) 
shall come either (1) from funds apportioned to the States of New 
Mexico and Texas under section 104(b) (1) of title 23, United States 
Code with the Federal share of the project cost at 90 per centum, or 
(2) from funds available for obligation at the discretion of the Secre-
tary of Transportation for priority primary routes with the Federal 
share of the project cost that applicable to such priority primary 
routes, without regard to whether such routes are in fact designated 
as priority primary routes. 
DEMONSTRATION 
PROJECT^—BYPASS HIGHWAY 
SEC. 152. The Secretary of Transportation is authorized to carry 
out a demonstration project on the Federal-aid primary system for 
the construction of a bypass highway from a point south of Prairie 
Creek Redwood State Park through the drainage of May Creek and 
Boyes Creek to extend along the eastern boundary of Prairie Creek 
Redwood State Park within Humboldt County, California, for the 
purpose of determining the extent such bypass highway will divert 
motor vehicle traffic around such park so as to best serve the needs 
of the traveling public while preserving the natural beauty of the 
park. Such project shall be subject to the provisions of chapter 1 
of title 23, United States Code, applicable to highway projects on 
the Federal-aid system, except that the Federal share of the cost of such 
project shall not exceed 90 per centum. The Secretary shall report to 
Congress upon completion of the project the results of this demon-
stration project, together with any recommendations the Secretary 
deems necessary. There is authorized to be appropriated, out of the 
Highway Trust Fund, $5,000,000 for fiscal year 1979, $25,000,000 for 
fiscal year 1980, and $20,000,000 for fiscal year 1981, to carry out this 
section. Such sums shall remain available until expended. 
D E M O N S T R A T I O N P R O J E C T — V E N D I N G 
MACHINES 
23 use 111 note. 
SEC. 153. The Secretary of Transportation shall carry out a demon-
stration project on the Interstate System, which, notwithstanding 
section 111 of title 23, United States Code, would permit the place-
ment of vending machines in rest and recreation areas and in safety 
rest areas constructed or located on the rights-of-way of such System. 
The vending machines shall dispense such food, drink, and other 
articles as the Secretary of Transportation determines necessary to 
ascertain the need for, and desirability of, this service to the travel-
Report to 
ing public. The Secretary of Transportation shall report to Congress 
Congress. 
not later than two years after the date of enactment of this section 
on the results of the demonstration project authorized by this section 
together with any recommendations he deems necessary. 
DEMONSTRATION 
PROJECT OF INTEGRATED MOTORIST 
INFORMATION 
SYSTEM 
23 use 135 note. 
SEC. 154. (a) The Secretary of Transportation is authorized to 
carry out a demonstration project of the use of a sophisticated 
automated roadway management system to increase the capacity and 
safety of automobile travel in high density travel corridors without 
providing additional lanes of pavement. The management system shall 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2717 
coordinate the traffic flow in major freeways and arterials servicing 
the travel corridor by use of an integrated system of vehicle sensors 
to monitor traffic, computers to assess traffic conditions throughout 
the corridor, and devices to communicate with drivers, police, and 
emergency equipment. 
(b) There is authorized to be appropriated to carry out this section, 
out of the Highway Trust Fund, not to exceed $1,500,000 for the fiscal 
year ending September 30,1979, not to exceed $2,500,000 for the fiscal 
year ending September 30, 1980, and not to exceed $26,000,000 for the 
fiscal year ending September 30,1981. 
(c) The Federal share payable on account of any project authorized 
under this section shall not exceed 90 per centum of the total cost 
thereof. 
(d) Funds authorized by this section shall be available for obliga-
tion in the same manner and to the same extent as if such funds were 
apportioned under chapter 1 of title 23, United States Code, except 
that the Federal share of the cost of any project under this section 
shall not exceed 90 per centum. 
Appropriation 
authorization. 
Federal share. 
23 u s e 101 et 
seq. 
DEMONSTRATION PROJECT—^RESTRICTED ACCESS 
SEC. 155. (a) The Secretary of Transportation is authorized to 
carry out a demonstration project in a metropolitan area having a 
population of five hundred thousand, or more, to restrict the access of 
motor vehicles to the central business district of such area during hours 
of peak traffic for the purpose of determining the practicability of this 
method of reducing motor vehicle congestion in this area. 
(b) The Secretary of Transportation shall submit a progress report Reports 
annually on the project authorized by this section and a final report, 
together with his recommendations, not later than three years after 
the date of enactment of this Act. 
(c) There is authorized to be appropriated, out of the Highway 
Trust Fund, such sums as may be necessary to carry out this section. 
23 u s e 134 note. 
Appropriation 
authorization. 
ALASKA AND PUERTO RICO INTERSTATE STUDY 
SEC. 156. The Secretary of Transportation shall study and report to 
the Congress by July 1, 1979, on the feasibility and desirability of 
designating routes in the State of Alaska and Commonwealth of Puerto 
Rico as part of the National System of Interstate and Defense High-
ways. The study shall consider the transportation needs in such areas 
and shall include, but not be limited to, necessity for intercity routes 
of a standard greater than the primary system, expected traffic volume, 
requirements for movement of goods, and need for connectivity. The 
Secretary shall also report on appropriate design standards required 
for Interstate routes in the State of Alaska. 
Report to 
Congress. 
23 u s e 307 note. 
EAST-WEST TOLL ROAD 
INDIANA STUDY 
SEC. 157. The Secretary of Transportation, acting through the 
Administrator of the Federal Highway Administration, shall study 
the possibility of relieving the Indiana Toll Road Commission of 
obligations resulting from the use of certain Federal funds and report 
the results of such study to the Congress by November 15,1978. Such 
study shall be limited to the following: 
Report to 
eongress. 
92 STAT. 2718 
PUBLIC LAW 95-599—NOV. 6, 1978 
(1) Additional Indiana East-West Toll Road entrances and 
exits in locations designated as metropolitan areas by the United 
States Census Bureau, 1970 census or cities of twenty-five thou-
sand or more population, and the approximate cost and course of 
funding of each interchange. 
(2) Methods of economical toll collections assuring fair and 
equitable payment from the individual user and ascertainment of 
urban toll free areas. 
(3) Improvements necessary to insure compliance of the Indiana 
East-West Toll Road with Interstate Highway Standards and 
the approximate cost and source of 
payment 
for 
such 
improvements. 
(4) Projection of maintenance costs and revenues of the Indiana 
East-West Toll Road until 1994 under various toll systems and 
charges. 
(5) Formula of toll distribution by which Indiana communi-
ties directly affected by ingress to or egress from the Indiana 
East-West Toll Road (limited to Indiana communities within 
fifteen miles of the Indiana East-West Toll Road) may be reim-
bursed for costs incurred due to the toll road from revenues 
remaining after expenditures are made for the upgrading of the 
Indiana East-West Toll Road to Federal highway standards, the 
maintenance of the toll road, the construction of new interchanges 
and bond obligations, specifically including reserves. 
(6) The total cost to the State highway commission if tolls are 
removed. 
(7) An estimate of the time frame for the earliest construction 
of whatever improvements are recommended, based upon each 
of the following alternative methods of financing: by proceeds 
from the sale of toll supported bonds, by funds provided solely 
by the State of Indiana, and by funds principally provided by 
the Federal Government. 
COLUMBIA RIVER BRIDGE STUDY 
SEC. 158. The Secretary of Transportation, in cooperation with the 
States of Washington and Oregon, shall conduct a feasibility study 
of an additional bridge across the Columbia River between Vancouver, 
Report. 
Washington, and Portland, Oregon. The Secretary shall report the 
results of such study, together with his recommendations, not later 
than January 1,1979. 
STUDY CONCERNING URBAN BLIGHT 
23 use 134 note. 
SEC. 159. The Secretary shall conduct a study of the potential for 
reducing urban blight adjacent to Federal-aid primary and inter-
state highways located in central business districts, which shall include 
but not be limited to the following— 
(a) a catalogue and evaluation of adverse impacts on adjacent 
land use; 
(b) development of a list of potential ways that these adverse 
impacts could be eliminated or reduced; 
(c) estimates of potential increases in value of adjacent land 
and air rights resulting from reduction of adverse highway 
impacts together with estimates of potential costs of highway 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2719 
improvements and related measures needed to reduce adverse 
impacts; 
(d) an assessment of the feasibility of using air rights and 
adjacent land after the improvements are completed to contribute 
to urban employment, recreational opportunities, low and mod-
erate income housing, and commercial, retail, institutional and 
higher income residential development; 
(e) the development of financing proposals, including legisla-
tive proposals, involving all appropriate levels of government and 
private capital where appropriate, which would finance improve-
ments identified as desirable ; 
(f) such other matters as the Secretary shall deem appropriate. 
Such study shall be conducted in cooperation with appropriate State Submittal to 
and local governments and shall be submitted to Congress two years 
after the date of enactment. 
INTERDEPARTMENTAL COORDINATION STUDY 
SEC. 160. (a) The Secretary of Transpoi-tation shall make a full 
and complete investigation and study with the cooperation of the 
Secretaries of the Departments of Energy, Housing and Urban 
Development, and Commerce, the Administrator of the Environ-
mental Protection Agency, and the Director of the OiRce of Man-
agement and Budget of— 
(1) all those factors affecting the integration of the Clean Air 
Act, the Energy Policy and Conservation Act, the Urban Mass 
Transportation Act of 1964, and title 23, United States Code 
and related highway laws; 
(2) the parallel among all rules, regulations, administrative 
reviews, and approvals pursuant to the Acts referred to in para-
graph (1) of this subsection; 
(3) all those factors affecting the availability and coordina-
tion of funding sources to achieve improved air quality, energy 
conservation, and transportation efficiency; 
(4) the degree to which urban growth, development, and 
Federal funding to urban areas is predicated upon compliance 
with the Clean Air Act requirements and plans to attain air 
quality standards • 
(5) the feasibility of permitting tolls and other user charges on 
roads and highways on the Federal-aid systems as part of a State 
implementation plan under the Clean Air Act. 
(b) The results of the investigation and study described in sub-
section (a) of this section shall be reported to the President and the 
Congress no later than one year following the date of enactment 
of this section. 
(c) Nothing in this section shall be construed to amend, stay, 
or in anj^ other way restrict or limit any authority or duty under the 
Clean Air Act, the Energy Policy and Conservation Act, the Urban 
Mass Transportation Act of 1964, and title 23, United States Code 
and related highway laws. 
49 use 1653 
note. 
42 u s e 1857 
note, 6201 note. 
49 u s e 1601 
note. 
VEHICLE WEIGHTS—INTERSTATE 
SEC. 161. (a) (1) The Secretary of Transportation is hereby author-
ized and directed, in cooperation with other Federal officers and 
Study and 
investigation. 
23 u s e 307 note. 
92 STAT. 2720 
PUBLIC LAW 95-599—NOV. 6, 1978 
Report to 
Congress. 
agencies, the State departments of transportation or highway depart-
ments, and other affected parties, to make a study and investigation 
of— 
(A) the need for, and desirability of, imiformity in maximum 
truck size and weight limits throughout the United States; 
(B) the effect upon the construction, reconstruction and mainte-
nance of roads, upon the economy of a State or region upon energy 
consumption, and upon carriers of reducing to limits set forth 
in section 127, title 23, United States Code, those maximum 
size and weight limits currently higher than limits in such section; 
(C) the relation of highway and bridge design, construction 
practices, and maintenance costs in those States with weights 
above the Federal maximum, including an analysis of the ade-
quacy of such design practices for these weights, as compared 
to the same factors in States adhering to the weight limits set 
forth in section 127 of title 23, United States Code; and 
(D) the adequacy of current highway and bridge design stand-
ards with respect to the present and future transportation needs, 
considering costs, economy of transportation and fuel efficiency. 
(2) The Secretary shall report to the Congress the findings and 
recommendations of this study no later than January 15, 1981. Such 
report shall include recommendations on the desirability of uniform 
maximum truck weights and, if desirable, appropriate means to bring 
about such uniformity, and the appropriateness of current maximum 
vehicle weights. 
Investigation and 
study. 
23 u s e 130 note. 
IMPACT OF INCREASED UNIT TRAIN TRAEFIC 
SEC. 162. (a) The Secretary of Transportation, in cooperation 
with the State highway departments, and appropriate officials of local 
government, is authorized and directed to undertake a comprehensive 
investigation and study of techniques for alleviating the environ-
mental, social, economic, and developmental impacts of increased unit 
train traffic to meet national energy requirements in communities 
located along rail corridors experiencing such increased traffic. Such 
study and investigation shall include, but not be limited to, the 
following: 
(1) identification of specific adverse impacts on affected 
communities; 
(2) examination of specific techniques to alleviate such impacts, 
including but not limited to low cost systems management meth-
ods, grade crossing separation, and rail line relocation, together 
with an assessment of the cost and benefits of each such technique; 
(3) delineation of criteria to determine whether grade crossing 
separation or rail line relocation is appropriate for a given 
location; 
(4) determination of the proper share of the cost of implemen-
tation for each such technique to be borne by the railroad or rail-
roads based on the net benefit derived; and 
(5) determination of various costs for different types of separa-
tion construction based on such factors as number of rail lines 
and number of highway lanes intersecting at the crossing. 
(b) In the conduct of the investigation and study authorized by 
subsection (a) of this section, the Secretary shall specifically consider 
the following rail corridors: 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2721 
(1) the Burlington Northern mainline from Beach, North 
Dakota to Staples, Minnesota, from Staples, Minnesota to 
Minneapolis/St. Paul, Minnesota and from Staples, Minnesota 
to Duluth, Minnesota/Superior, Wisconsin; 
(2) the Burlington Northern line from Joder, Nebraska to 
Rulo, Nebraska; 
(3) the Chicago Northwestern line from Harrison, Nebraska 
to Blair, Nebraska; and 
(4) the Union Pacific line from Scottsbluff, Nebraska to Steele 
City, Nebraska. 
(c) The Secretary shall report to the Congress on the results of the 
investigation and study authorized by subsection (a) of this section 
not later than March 31, 1979. Such report shall include the informa-
tion required by subsection (a) together with the Secretary's con-
clusions and recommendations for appropriate legislation. 
(d) There is hereby authorized to be appropriated not to exceed 
$350,000 to carry out this section. 
Report and 
legislative 
recommendations 
to Congress. 
Appropriation 
authorization. 
BRIDGE DIVERSION STUDY 
SEC. 163. The Secretary of Transportation shall make a full and 
complete investigation and study of the need for, and ways and means 
of accomplishing, diverting a portion of the traffic from the bridges 
on the Interstate System across the Mississippi River presently 
operating above designed capacity to other bridges in the vicinity of 
any such Interstate System bridge. The Secretary shall report to 
Congress not later than two years after the date of enactment of this 
section the results of such investigations and study together with 
recommendations for necessary legislation. 
Report and 
legislative 
recommendation s 
to Congress. 
BONDED INDEBTEDNESS STUDY 
SEC. 164. The Secretary of Transportation shall conduct a study to 
23 USC129 note, 
determine the extent of outstanding bonded indebtedness for each 
State as of January 1,1979, incurred by each State or public authority 
within each State prior to June 29, 1956, for the construction of toll 
roads or portion thereof incorporated into the Interstate System. The 
study should determine a method of allocating bonded indebtedness 
between portions of toll roads which have been incorporated into the 
Interstate System and portions which remain free to public travel. 
The study should determine what specific encumbrances there are to 
expeditious removal of tolls and recommended alternative methods 
for equitable payment of debt service for the purpose of making toll 
roads incorporated into the Interstate System free to public travel. 
The Secretary shall report his findings to Congress not later than Report to 
July 1,1980. 
Congress. 
DULLES AIRPORT ACCESS HIGHWAY STUDY 
SEC. 165. The Secretary of Transportation shall, not later than 
ninety days after the date of enactment of this section, complete the 
ongoing study of commuter access to the Dulles Airport Access High-
way and report the findings and recommendations to Congress. 
Report to 
Congress. 
92 STAT. 2722 
PUBLIC LAW 95-599—NOV. 6, 1978 
STUDY—^FACTORS AFFECTING TRANSPORTATION 
OPERATIONS 
23 use 307 note. 
SEC. 166. The Secretary of Transportation shall make a full and 
complete investigation and study of all those factors affecting the safe 
and efficient operation of bridges, tunnels, and roads within the United 
States, including, but not limited to, structural, operational, environ-
mental, and civil disturbance factors. 
OBLIGATION LIMITATION 
SEC. 167. (a) Notwithstanding any other provision of law, the total 
of all obligations for Federal-aid highways and highway safety con-
struction programs for fiscal year 1979 shall not exceed $8,500,000,000. 
This limitation shall not apply to obligations for emergency relief 
under section 125 of title 23, United States Code. 
(b) Notwithstanding the limitation contained in subsection (a) of 
this section, the Secretary shall not in any way control— 
(1) the rate of obligation of such limitation by allocation of 
such limitation or in any other manner; and 
(2) by priority or otherwise, programs or projects eligible for 
Federal financial assistance from those funds for such programs 
and projects which are subject to such limitation, if such pro-
grams or projects are otherwise eligible for such assistance under 
title 23, United States Code, or any other applicable provision of 
law. 
HAZARD ELIMINATION PROGRAM 
' 
SEC. 168. (a) Section 152 of title 23, United States Code, is amended 
to read as follows: 
^§ 152. Hazard elimination program. 
Survey and 
"(a) Each State shall conduct and systematically maintain an 
improvement 
engineering survey of all public roads to identify hazardous locations, 
schedule. 
sections, and elements, including roadside obstacles and unmarked or 
poorly marked roads, which may constitute a danger to motorists and 
pedestrians, assign priorities for the correction of such locations, 
sections, and elements, and establish and implement a schedule of 
projects for their improvement. 
"(b) The Secretary may approve as a project under this section 
any highway safety improvement project. 
"(c) Funds authorized to carry out this section shall be available 
solely for expenditure for projects on any Federal-aid system (other 
than the Interstate System) except in the Virgin Islands, Guam, and 
American Samoa. 
Federal share. 
"(d) The Federal share payable on account of any project under 
this section shall be 90 percent of the cost thereof. 
"(e) Funds authorized to be appropriated to carry out this section 
shall be apportioned to the States as provided in sectioh 402(c) 
23 use 402. 
of this title. Such funds shall be available for obligation in the same 
Waiver. 
manner and to the same extent as if such funds were apportioned 
23 use 104. 
under section 104(b) (1), except that the Secretary is authorized to 
waive provisions he deems inconsistent with the purposes of this 
section. 
Evaluation 
"(f) Each State shall establish an evaluation process approved by 
process. 
the Secretary, to analyze and assess results achieved by highway 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2723 
safety improvement projects carried out in accordance with proce-
dures and criteria established by this section. Such evaluation process 
shall develop cost-benefit data for various types of corrections and 
treatments which shall be used in setting priorities for highway safety 
improvement projects. 
" (g) Each State shall report to the Secretary of Transportation not 
State progress 
later than September 30 of each year, on the progress being made 
reports, 
to implement highway safety improvement projects for hazard elim-
ination and the effectiveness of such improvements. Each State report 
shall contain an assessment of the cost of, and safety benefits derived 
from, the various means and methods used to mitigate or eliminate 
hazards and the previous and subsequent accident experience at these 
locations. The Secretary of Transportation shall submit a report to 
Report to 
the Congress not later than January 1 of each year on the progress 
Congress, 
being made by the States in implementing the hazard elimination 
program. The report shall include, but not be limated to, the number 
of projects undertaken, their distribution by cost range, road system, 
means and methods used, and the previous and subsequent accident 
experience at improved locations. In addition, the Secretary's report 
shall analyze and evaluate each State program, identify any State 
found not to be in compliance with the schedule of improvements 
required by subsection (a) and include recommendations for future 
implementation of the hazard elimination program. 
"(h) For the purposes of this section the term 'State' shall have 
"State." 
the meaning given it in section 401 of this title." 
(b) Section 153 of title 23, United States Code, is repealed. 
Repeal. 
(c) The analysis of chapter I of title 23 is amended by striking out: 
"Projects for high-hazard locations." and inserting in lieu thereof "Hazard 
elimination program." and by striking out: " 153. Program for the elimination 
of roadside obstacles." and inserting in lieu thereof: "153. Repealed.". 
(d) Subsection (c) of section 219 of title 23, United States Code, 
is amended by adding at the end thereof the following: "Not less 
than 50 per centum of the funds obligated in any State under this 
section in any fiscal year shall be obligated for highway safety con-
struction projects.". 
PLANNING 
SEC. 169. (a) Section 134(a) of title 23, United States Code, is 
amended to read as follows: 
"(a) It is declared to be in the national interest to encourage and 
promote the development of transportation systems embracing vari-
ous modes of transportation in a manner that will serve the States 
and local communities efficiently and effectively. To accomplish this Cooperation, 
objective, the Secretary shall cooperate with the State and local 
officials in the development of transportation plans and programs 
which are formulated on the basis of transportation needs with due 
consideration to comprehensive long-range land use plans, develop-
ment objectives, and overall social, economic, environmental, system 
performance, and energy conservation goals and objectives, and with 
due consideration to their probable effect on the future development 
of urban areas of more than fifty thousand population. The planning 
process shall include an analysis of alternative transportation system 
management and investment strategies to make more efficient use of 
existing transportation facilities. The process shall consider all modes 
of transportation and shall be continuing, cooperative, and compre-
92 STAT. 2724 
PUBLIC LAW 95-599—NOV. 6, 1978 
23 use 105. 
23 use 134. 
Redesignation, 
agreement. 
hensive to the degree appropriate based on the complexity of the 
transportation problems. After July 1, 1965, the Secretary shall not 
approve under section 105 of this title any program for projects in 
any urban area of more than fifty thousand population unless he finds 
that such projects are based on a continuing comprehensive trans-
portation planning process carried on cooperatively by States and 
local communities in conformance with the objectives stated in this 
section. No highway project may be constructed in any urban area 
of fifty thousand population or more unless the responsible public 
officials of such urban area in which the project is located have been 
consulted and their views considered with respect to the corridor, the 
location, and design of the project.". 
(b) Section 134 is further amended by adding a new subsection 
(b) as follows and redesignating existing subsection (b) as sub-
section (c) : 
"(b)(1) Within one year after enactment of this subsection, in 
the absence of State law to the contrary, units of general purpose local 
government within an urbanized area or contiguous urbanized areas 
for which a metropolitan planning organization has been designated 
prior to enactment of this subsection, may by agreement of at least 75 
per centum of the units of general purpose local government repre-
senting at least 90 per centum of the population of such urbanized 
area or areas, and in cooperation with the Governor, redesig-
nate as the metropolitan planning organization any representative 
organization. 
"(2) Except as provided in paragraph (1), after the date of 
enactment of this subsection designations of metropolitan planning 
organizations shall be by agreement among the units of general 
purpose local government and the Governor.". 
NATIONAL ALCOHOL FUELS COMMISSION 
Establishment. 
SEC. 170. (a)(1) There is hereby established a Commission to be 
42 use 5904 
known as the National Alcohol Fuels Commission hereinafter referred 
note. 
to as the "Commission". 
Investigation and 
(2) The Commission shall make a full and complete investigation 
study. 
and study of the long- and short-term potential for alcohol fuels, from 
biomass (including, but not limited to, animal, crop and wood waste, 
municipal and industrial waste, sewage sludge, and oceanic and ter-
restrial crops) and coal, to contribute to meeting the Nation's energy 
needs. It shall take into consideration the technical, economic, legal, 
environmental, and social factors associated with the production, 
manufacture, distribution, and use of such fuels. It will evaluate the 
costs and benefits of alternative feedstocks, and their possible end 
uses, and analyze the feasibility and desirability of converting these 
resources to alcohol fuels. Based on such study it shall recommend 
those policies, and their attendant costs and benefits, most likely to 
minimize our dependence on petroleum, insure adequate energy sup-
plies, and contribute to the economic health of the Nation. 
Membership. 
(3) Members of the Conmiission shall be appointed by February 1, 
1979. The Commission shall be established within sixty days of being 
provided with funds. The Commission shall be comprised of nine-
teen members as follows: 
(A) a Chairman and five members appointed by the President 
pro tempore of the Senate from the membership of the Committee 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2725 
on Energy and Natural Resources, the Committee on Appropria-
tions, and the Committee on Agriculture, Nutrition, and Forestry 
of the United States Senate; 
(B) a Vice Chairman and five members appointed by the 
Speaker of the House of Representatives from the membership of 
the Committee on Appropriations, the Committee on Science and 
Technology, and the Committee on Agriculture of the United 
States House of Representatives; and 
(C) seven members of the public appointed by the President, 
including a broad representation from industrial, labor, agricul-
tural, small business, and consumer groups. 
(b) The Commission shall not later than one year after being estab-
lished submit to the President and the Congress its final report 
including its findings and recommendations. The Commission shall 
cease to exist six months after submission of such report. All records 
and papers of the Commission shall thereupon be delivered to the 
Administrator of General Services for deposit in the Archives of the 
United States. 
(c) Such report shall include the Commission's findings and recom-
mendations with respect to— 
(1) the long- and short-term potential of alcohol fuels con-
tributing to domestic energy supply; 
(2) the relative costs and benefits of developing alcohol fuels 
from alternative feedstocks, taking into account technical, eco-
nomic, legal, competitive, environmental, and social factors asso-
ciated with their production, distribution, and use; their most 
appropriate end uses; and a recommended time frame for their 
introduction into the Nation's energy mix; 
(3) the existing policies and programs of the Federal Govern-
ment which affect the development of such alternative fuels; and 
(4) new policies and programs required to develop alcohol 
fuels from coal and alcohol and other fuels from the biomass to 
meet the Nation's projected short-term and long-term energy 
needs. 
(d)(1) The Chairman of the Commission shall request the head 
of each Federal department or agency which has an interest in or a 
responsibility with respect to a national alcohol fuels policy to appoint, 
and the head of such department or agency shall appoint, a liaison 
officer who shall work closely with the Commission and its staff in 
matters pertaining to this section. Such departments and agencies 
shall include, but not be limited to, the Department of Energy, the 
Department of Agriculture, the Department of Transportation, the 
Environmental Protection Agency, the Department of the Interior, 
the Department of Justice, the Department of the Treasury, and the 
Small Business Administration. 
(2) In carrying out its duties the Commission shall seek the advice 
of various groups interested in a national alcohol fuel policy includ-
ing, but not limited to. State and local governments, public and private 
organizations working in the fields of alternative fuel development, 
industry, labor, and the environment. 
(e) (1) The Commission or, on authorization of the Commission, 
any committee of two or more members may, for the purpose of carry-
ing out the provisions of this section, hold such hearings and sit and 
act at such times and places as the Commission or such authorized 
committee may deem advisable. 
Final report to 
President and 
Congress. 
Termination. 
Records and 
papers, 
deposition. 
Federal agencies, 
liaison. 
Hearings and 
meetings. 
92 STAT. 2726 
PUBLIC LAW 95-599—NOV. 6, 1978 
Compensation 
and expenses. 
5 use 5332 
note. 
5 u s e 5101 et 
seq., 5331. 
Experts and 
consultants. 
5 u s e 5311. 
Contracts or 
agreements. 
(2) the Commission is authorized to secure from any department, 
agency, or individual instrumentality of the executive branch of the 
Government any information it deems necessary to carry out its 
functions under this section and each department, agency, and instru-
mentality is authorized and directed to furnish such information to 
the Commission upon request made by the Chairman, 
(f) (1) Members of Congress who are members of the Commission 
shall serve without compensation in addition to that received for their 
services as Members of Congress; but they shall be reimbursed for 
travel, per diem in accordance with the rules of the Senate, or sub-
sistence, and other necessary expenses incurred by them in the per-
formance of the duties vested in the Commission. 
(2) Members of the Commission, except Members of Congress, 
shall each receive compensation for such periods of time as they are 
engaged in the business of the Commission at a rate not in excess 
of the maximum rate of pay for GS-18 as provided in the General 
Schedule under section 5332 of title 5, United States Code, and shall 
be entitled to reimbursement for travel expenses, per diem in accord-
ance with the rules of the Senate, or subsistence and other necessary 
expenses incurred by them in performance of duties while serving 
as a Commission member. 
(g) (1) The Commission is authorized to appoint and fix the com-
pensation of a staff director, and such additional personnel as may 
be necessary to enable it to carry out its functions. The Director and 
personnel may be appointed without regard to the provisions of title 5, 
United States Code, covering appointments in the competitive service, 
and may be paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification and 
General Schedule pay rates. Any Federal employees subject to the 
civil service laws and regulations who may be employed by the Com-
mission shall retain civil service status without interruption or loss 
of status or privilege. In no event shall any employee other than the 
staff director receive as compensation an amount in excess of the 
maximum rate for GS-18 of the General Schedule under section 5332 
of title 5, United States Code. In addition, the Commission is author-
ized to obtain the services of experts and consultants in accordance 
with section 3109 of title 5, United States Code, but at rates not to 
exceed the maximum rate of pay for grade GS-18, as provided in the 
General Schedule under section 5332 of title 5, United States Code. 
(2) The staff director shall be compensated at level II of the Execu-
tive Schedule in subchapter II of chapter 53 of title 5, United States 
Code. 
(3) The Director and Commission personnel shall be reimbursed 
for travel, per diem in accordance with the rules of the Senate, or 
subsistence, and other necessary expenses incurred by them in per-
formance of duties while serving the Commission staff. 
(h) The Commission is authorized to enter into contracts or agree-
ments for studies and surveys with public and private organizations 
or consultants, and, if necessary, to transfer funds to and accept funds 
from Federal agencies from sums appropriated pursuant to this 
section to carry out such of its duties as the Commission determines 
can best be carried out in that manner. 
(i) Any vacancy which may occur on the Commission shall not 
affect its powers or functions but shall be filled in the same manner 
in which the original appointment was made. 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2727 
(j) Subject to the provisions of the Federal Advisory Committee 
Act, the Chairman may appoint advisory committees to aid in the work 
of the Commission. 
(k) The Commission is exempt from the requirements of sections 
4301 through 4308 of title 5, United States Code. 
(1) There is hereby authorized to be appropriated for the fiscal year 
ending September 30,1979, to the Commission not to exceed $1,500,000 
to carry out the purposes of this section. 
Advisory 
committees. 
Performance 
rating, 
exemption. 
Appropriation 
authorization. 
LIMITATIONS 
SEC. 171. To the extent that any section of this Act provides new 
or increased authority to enter into contracts under which outlays 
will be made from funds other than the Highway Trust Fund, such 
new or increased authority shall be effective for any fiscal year only 
in such amounts as are provided in appropriations Acts. 
TITLE II 
SHORT TITLE 
Highway Safety 
Act of 1978. 
SEC. 201. This title may be cited as the "Highway Safety Act of 23 USC 401 note. 
1978". 
HIGHWAY SAFETY 
SEC. 202. The following sums are hereby authorized to be Appropriation 
appropriated: 
authorization. 
(1) For carrying out section 402 of title 23, United States Code 
(relating to highway safety programs), by the National Highway 
Traffic Safety Administration, out of the Highway Trust Fund 
$175,000,000 per fiscal year for each of the fiscal years ending Sep-
tember 30, 1979, September 30, 1980, and $200,000,000 per fiscal year 
for each of the fiscal years ending September 30, 1981, and Septem-
ber 30,1982. 
(2) For carrying out section 403 of title 23, United States Code 
(relating to highway safety research and development), by the 
National Highway Traffic Safety Administration, out of the High-
way Trust Fund, $50,000,000 per fiscal year for each of the fiscal 
years ending September 30, 1979, September 30, 1980, September 30, 
1981, and September 30,1982. 
(3) For carrying out section 402 of title 23, United States Code 
(relating to highway safety programs), by the Federal Highway 
Administration, out of the Highway Trust Fund, $25,000,000 per fiscal 
year for each of the fiscal years ending September 30, 1979, Septem-
ber 30,1980, September 30,1981, and September 30,1982. 
(4) For carrying out in accordance with section 402(c) of title 23, 
United States Code, section 154 of such title (relating to the national 
maximum speed limit), other than subsection (i), out of the High-
way Trust Fund, $50,000,000 per fiscal year for each of the fiscal 
years ending September 30, 1979, September 30, 1980, September 30, 
1981, and September 30, 1982. For carrying out section 154(i) of such 
title, out of the Highway Trust Fund, $17,500,000 per fiscal year for 
each of the fiscal years ending September 30, 1980, September 30, 
1981, and September 30,1982. 
92 STAT. 2728 
PUBLIC LAW 95-599—NOV. 6, 1978 
(5) For carrying out sections 307(a) and 403 of title 23, United 
States Code (relating to highway safety research and development), 
by the Federal Highway Administration, out of the Highway Trust 
Fund, $10,000,000 per fiscal year for each of the fiscal years ending 
September 30, 1979, September 30, 1980, September 30, 1981, and 
September 30,1982. 
(6) For bridge reconstruction and replacement under section 144 
of title 23, United States Code, out of Highway Trust Fund, 
$900,000,000 for the fiscal year ending September 30, 1979, 
$1,100,000,000 for the fiscal year ending September 30, 1980, 
$1,300,000,000 for the fiscal year ending September 30, 1981, and 
$900,000,000 for the fiscal year ending September 30, 1982. 
(7) For carrying out section 151 of title 23, United States Code 
(relating to pavement marking), out of the Highway Trust Fund, 
$65,000,000 per fiscal year for each of the fiscal years ending Sep-
tember 30, 1979, September 30, 1980, and September 30, 1981. 
(8) For projects for elimination of hazards under section 152 of 
title 23, United States Code, out of the Highway Trust Fund, 
$125,000,000 for the fiscal year ending September 30,1979. $150,000,000 
for the fiscal year ending September 30, 1980, $150,000,000 for the 
fiscal year ending September 30, 1981, and $200,000,000 for the fiscal 
year ending September 30,1982. 
(9) For carrying out section 406 of title 23, United States Code 
(relating to schoolbus driver training), out of the Highway Trust 
Fund, $2,500,000 per fiscal year for each of the fiscal years ending 
September 30, 1979, September 30, 1980, September 30, 1981, and 
September 30,1982. 
(10) For carrying out section 407 of title 23, United States Code 
(relating to innovative project grants), out of the Highway Trust 
Fund, $5,000,000 for the fiscal year ending September 30, 1980, 
$10,000,000 for the fiscal year ending September 30, 1981, and 
$15,000,000 for the fiscal year ending September 30,1982. 
RAIL-HIGHWAY CROSSINGS 
Appropriation 
SEC. 203. (a) Subsection (b) of section 203 of the Highw^ay Safety 
authorization. 
Act of 1973 (Public Law" 93-87), as amended by the Highway Safety 
23use 130note. Act of 1976 (Public Law 94-280), is amended to read as follows: 
"(b) In addition to funds which may be otherwise available to 
carry out section 130 of title 23, United States Code, there is author-
ized to be appropriated, out of the Highway Trust Fund, for projects 
for the elimination of hazards of railway-highway crossings on any 
public road, $25,000,000 for the fiscal year ending June 30, 1974, 
$75,000,000 for the fiscal year ending June 30, 1975, $75,000,000 for 
- 
the fiscal year ending June 30, 1976, $125,000,000 for the fiscal year 
ending September 30, 1977, $125,000,000 for the fiscal year ending 
September 30, 1978, $190,000,000 for the fiscal year ending Sep-
tember 30, 1979, and $190,000,000 for each of the fiscal years ending 
September 30, 1980, September 30, 1981, and September 30, 1982. 
At least half of the funds authorized and expended under this section 
shall be available for the installation of protective devices at railway-
highway crossings. Sums authorized to be appropriated by this sub-
section shall be available for obligation in the same manner as funds 
apportioned under section 104(b) (1) of title 23, United States Code.". 
Repeal. 
(b) Subsection (c) of section 203 of the Highway Safety Act of 
1973 is hereby repealed. 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2729 
(c) Subsection (d) of section 203 of the Highway Safety Act of 
23 USC130 note. 
1973 is amended to read as follows: 
"(d) 25 percent of the funds made available in accordance with 
subsection (b) shall be apportioned to the States in the same manner as 
sums authorized to be appropriated under section 104(b) (2) of title 
23, United States Code, 25 percent of the funds made available in 
accordance with subsection (b) shall be apportioned to the States in 
the same manner as sums authorized to be appropriated under section 
104(b) (6) of title 23, United States Code, and 50 percent of the funds 
made available in accordance with subsection (b) shall be apportioned 
to the States in the ratio that total rail-highway crossings in each 
State bears to the total of such crossings in all States. The Federal 
Federal share, 
share payable on account of any project shall be 90 percent of the 
cost thereof.". 
NATIONAL DRIVER REGISTER STUDY 
SEC. 204. The Secretary of Transportation shall make a full and 
23 USC 403 note, 
complete investigation and study of the need for, and, if necessary, 
ways and means to establish, a national driver register to assist States 
in electronically exchanging information regarding motor vehicle 
driving records of certain individuals. Such investigation and study 
shall include, but not be limited to, the information to be placed in 
the register, the accessibility of such information (including privacy 
safeguards), the necessary computer-electronic equipment, and means 
of keeping such register current. The Secretary shall issue a final report 
Report to 
to Congress on the results of such investigation and study, together 
Congress, 
with the recommendations of the Secretary, not later than one year 
after the date of enactment of this section. 
State data, 
submittal. 
23 USC 141. 
NATIONAL MAXIMUM SPEED LIMIT 
SEC. 205. Section 154 of title 23, United States Code, is amended by 
adding at the end thereof the following new subsections: 
"(e) Each State shall submit to the Secretary such data as the 
Secretary determines by rule is necessary to support its certification 
under section 141 of this title for the twelve-month period ending on 
September 30 before the date the certification is required, including 
data on the percentage of motor vehicles exceeding fifty-five miles per 
hour on public highways with speed limits posted at fifty-five miles 
per hour in accordance with criteria to be established by the Secre-
tary, including criteria which takes into account the variability of 
speedometer readings and criteria based upon the speeds of all vehicles 
or a representative sample of all vehicles. 
"(f) (1) For the twelve-month period ending September 30, 1979, 
if the data submitted by a State pursuant to subsection (e) of this 
section show that the percentage of motor vehicles exceeding fifty-five 
miles per hour is greater than 70 per centum, the Secretary shall reduce 
the State's apportionment of Federal-aid highway funds under each 
of sections 104(b) (1), 104(b) (2), and 104(b) (6) of this title in an 
23 USC 104. 
aggregate amount of up to 5 per centum of the amount to be appor-
tioned for the fiscal year ending September 30,1981. 
"(2) For the twelve-month period ending September 30, 1980, if 
the data submitted by a State pursuant to subsection (e) of this section 
show that the percentage of motor vehicles exceeding fifty-five miles 
per hour is greater than 60 per centum, the Secretary shall reduce the 
Apportionmeni; 
reductions. 
39-194 O—80—pt. 3 
7 : QL3 
92 STAT. 2730 
PUBLIC LAW 95-599—NOV. 6, 1978 
State's apportionment of Federal-aid highway funds under each of 
23 use 104. 
sections 104(b)(1), 104(b)(2), and 104(b)(6) of this title in an 
aggregate amount of up to 5 per centum of the amount to be appor-
tioned for the fiscal year ending September 30,1982. 
" (3) For the twelve-month period ending September 30,1981, if the 
data submitted by a State pursuant to subsection {ej of this section 
for that year show that the percentage of motor vehicles exceeding 
fifty-five miles per hour is greater than 50 per centum, the Secre-
tary shall reduce the State's apportionment of Federal-aid highway 
funds under each of sections 104(b) (1), 104(b) (2), and 104(b) (6) of 
this title in an aggregate amount of up to 5 per centum of the amount 
to be apportioned for the fiscal year ending September 30,1983. 
"(4) For the twelve-month period ending September 30, 1982, if 
the data submitted by a State pursuant to subsection (e) of this 
section for that year show that the percentage of motor vehicles exceed-
ing fifty-five miles per hour is greater than 40 per centum, the Secretary 
shall reduce the State's apportionment of Federal-aid highway funds 
under each of sections 104(b) (1), 104(b) (2), and 104(b) (6) of this 
title in an aggregate amount of up to 10 per centum of the amount 
to be apportioned for the fiscal year ending September 30,1984. 
"(5) For the twelve-month period ending September 30, 1983, 
and for each succeeding twelve-month period thereafter, if the data 
submitted by a State pursuant to subsection (e) of this section for 
that year show that the percentage of motor vehicles exceeding fifty-
five miles per hour is greater than 30 per centum, the Secretary shall 
reduce the State's apportionment of Federal-aid highway funds under 
each of sections 104(b) (1), 104(b) (2), and 104(b) (6), of this title in 
an aggregate amount of up to 10 per centum of the amount to be 
apportioned for the fiscal year ending September 30, 1985, and for 
each succeeding fiscal year thereafter. 
"(g) In any case where the Secretary determines, in accordance 
with criteria established by the Secretary, that a reduction in appor-
tionment required by subsection (f) of this section would result in 
hardship to a State, the fiscal year apportionment reduced for such 
State shall be the apportionment for one fiscal year later than the 
fiscal year to which such reduction would apply under subsection 
(f) but for such hardship determination. 
"(h) The Secretary shall promptly apportion to a State any funds 
which have been withheld pursuant to subsection (f) of this section 
if he determines that the percentage of motor vehicles in such State 
exceeding fifty-five miles per hour has dropped to the level specified 
for the fiscal year for which the funds were withheld. 
Incentive grants. 
"(i)(l) For the twelve-month period ending September 30, 1979, 
if the data submitted by a State pursuant to subsection (e) of this 
section for that year show that the percentage of motor vehicles 
exceeding fifty-five miles per hour is less than 60 per centum, the 
Secretary shall make an incentive grant to such State during fiscal 
year 1980. 
"(2) For the twelve-month period ending September 30, 1980, if 
the data submitted by a State pursuant to subsection (e) of this 
section for that year show that the percentage of motor vehicles 
exceeding fifty-five miles per hour is less than 50 per centum, the 
Secretary shall make an incentive grant to such State during fiscal 
year 1981. 
, 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2731 
"(3) For the twelve-month period ending September 30, 1981, if 
the data submitted by a State pursuant to subsection (e) of this 
section for that year show that the percentage of motor vehicles 
exceeding fifty-five miles per hour is less than 40 per centum, the 
Secretary shall make an incentive grant to such State during fiscal 
year 1982. 
"(4) For the twelve-month period ending September 30, 1982, if 
the data submitted by a State pursuant to subsection (e) of this section 
for that year show that the percentage of motor vehicles exceeding 
fifty-five miles per hour is less than 30 per centum, the Secretary 
shall make an incentive grant to such State during fiscal year 1983. 
"(5) For the twelve-month period ending September 30, 1983, 
and for each succeeding twelve-month period thereafter, if the data 
submitted by a State pursuant to subsection (e) of this section for 
that year show that the percentage of motor vehicles exceeding fifty-
five miles per hour is less than 20 per centum, the Secretary shall 
make an incentive grant to such State during fiscal year 1984 and 
succeeding fiscal years. 
"(6) An incentive grant made to a State under this subsection 
shall be equal to 10 per centum of the apportionment to such State 
for the fiscal year on the basis of the data for which such incentive 
grant is to be made. The apportionment on which such incentive 
grant is based shall be that made under section 402(c) of this title 23 USC 402. 
for carrying out those provisions of section 402 relating to highway 
safety programs administered by the National Highway Trafl&c 
Safety Administration. Incentive grants made under this subsection 
may be expended for carrying out any provision of section 402 of 
this title.". 
ACCIDENT DATA 
SEC. 206. There is authorized to be appropriated, out of the High- Appropriation 
way Trust Fund, to the Secretary of Transportation not to exceed authorization. 
$5,000,000 per fiscal year for the fiscal years ending September 30, 
1979, September 30, 1980, September 30, 1981, and September 30, 
1982, for the acquisition, storage, and retrieval of highway accident 
data and for establishing procedures for reporting accidents on a 
nationwide basis. 
HIGHWAY SAFETY PROGRAMS 
SEC. 207. (a) The last sentence of subsection (a) of section 402 of 
title 23, United States Code, is amended by inserting immediately 
after "one or more States," the following: "including, but not limited 
to, such programs for identifying accident causes, adopting measures 
to reduce accidents, and evaluating effectiveness of such measures,". 
(b) (1) Subparagraph (A) of paragraph (1) of subsection (b) 
of section 402 of title 23, United States Code, is amended by striking 
out "State agency" and inserting in lieu thereof "State highway safety 
agency". 
(2) The amendment made by paragraph (1) of this subsection Effective date, 
shall take effect January 1,1979. 
23 USC 402 note. 
(c) Paragraph (1) of subsection (b) of section 402 of title 23, 
United States Code, is amended by adding at the end thereof the 
following new subparagraph: 
92 STAT. 2732 
PUBLIC LAW 95-599—NOV. 6, 1978 
"(G) provide for programs (which may include financial incen-
tives and disincentives) to encourage the use of safety belts by 
drivers of, and passengers in, motor vehicles," 
(d) The first sentence of subsection (d) of section 402 of title 
23, United States Code, is amended by inserting immediately after 
"State highway safefy program" the following: "(other than plan-
ning and administration)" and by inserting immediately after "non-
Federal share of the cost of any project under this section" the 
following: "(other than one for planning or administration)". 
INNOVATIVE PROJECT GRANTS 
SEC. 208. (a) Chapter 4 of title 23, United States Code, is amended 
by adding at the end thereof the following new section: 
23 use 407. 
"§ 407. Innovative project grants 
"(a) In addition to other grants authorized by this chapter, the 
Secretary may make grants in any fiscal year to those States, political 
subdivisions thereof, and nonprofit organizations which develop inno-
vative approaches to highway safety problems in accordance with 
criteria to be established by the Secretary in cooperation with the 
States, political subdivisions thereof, and such nonprofit organizations 
as the Secretary deems appropriate. 
"(b) The Secretary shall establish a procedure for the selection of 
grant applications submitted under this section. In developing such 
procedure, the Secretary shall consult with the States and political 
subdivisions thereof, appropriate Federal departments and agencies, 
and such other public and nonprofit organizations as the Secretary 
deems appropriate. 
"(c) Any State, political subdivision thereof, and nonprofit organi-
zation may make an application under this section to carry out an 
innovative project described in subsection (a) of this section. Such 
application shall be in such form and contain such information as 
the Secretary, by regulation, prescribes. 
"(d) Not to exceed 2 per centum of the funds authorized to be 
appropriated to carry out this section shall be available to the Secre-
tary for the necessary costs of administering the provisions of this 
section. 
Annual report to 
"(©) The Secretary shall submit an annual report to the Congress 
Congress. 
which provides a description of each application received for a grant 
under this section and an evaluation of innovative projects carried 
out with grants made under this section.". 
(b) The analysis of chapter 4 of title 23, United States Code, 
is amended by adding at the end thereof the following: 
"407. Innovative project grants.". 
Application 
selection 
procedure, 
consultation. 
Applications. 
HIGHWAY SAFETY EDUCATION AND INFORMATION 
Pilot projects. 
SEC. 209. (a) The Secretary of Transportation, acting through the 
23 use 401 note. Administrator of the Federal Highway Administration, shall carry 
out six pilot projects designed, through the use of television and 
radio, to develop and evaluate techniques, methods, and practices to 
achieve maximum measurable effectiveness in reducing traffic accidents, 
injuries, and deaths. 
(b) Each pilot project authorized by this section shall be in opera-
tion not later than the one hundred and eightieth day after the date 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2733 
of the first appropriation of funds made under authority of this sec-
tion, and shall be conducted for a one-year period. Not later than the 
ninetieth day after the end of each such one-year period, the Secretary 
of Transportation, acting through the Administrator of the Federal 
Highway Administration, shall report to Congress the results of such 
project, including, but not limited to, an evaluation of the effective-
ness of such project and a statistical analysis of the traffic accidents 
and fatalities within the project area during such one-year period. 
(c) There is authorized to be appropriated, out of the Highway 
Trust Fund, to carry out subsections (a) and (b) of this section, 
$6,000,000, to remain available until expended. 
(d) Not later than the one hundred and eightieth day after the date 
of submission of the final report to Congress required by subsection 
(b) of this section, and utilizing those techniques, methods, and prac-
tices determined most effective, the Secretary of Transportation, 
acting through the Administrator of the Federal Highway Adminis-
tration, shall conduct a national highway safety campaign utilizing 
the local and national television and radio to educate and inform the 
public of techniques, methods, and practices to reduce the number and 
severity of highway accidents. 
(e) Such campaign is authorized to be conducted in cooperation 
with interested government and nongovernment authorities, agencies, 
organizations, institutions, businesses, and individuals, and shall utilize 
to the extent possible nongovernmental professional organizations 
equipped and experienced to conduct such campaign. 
(f) The Secretary of Transportation, acting through the Adminis-
trator of the Federal Highway Administration, shall engage such 
private firms or organizations as he determines necessary to conduct 
an on-going evaluation of the national campaign authorized by sub-
section (d) of this section to determine ways and means for encourag-
ing the participation and cooperation of television and radio station 
licensees, for measuring audience reactions to on-going highway safety 
programing for evaluating the effectiveness of such programs in terms 
of the number of lives saved and the reduction in injuries, and for 
the purpose of developing new programs for the promotion of high-
way safety. Such evaluation shall include determinations of those 
programs designed to encourage the voluntary use of safety belts 
Avhich are most effective and shall include recommendations for new 
methods and approaches which will result in greater voluntary utili-
zation of safety belts by the public. 
(g) The Secretary of Transportation, acting through the Admin-
istrator of the Federal Highway Administration, shall submit a report 
to the Congress on July 1 of each year in which the campaign is in 
progress on the results of such evaluation and on the steps being 
taken by the Federal Highway Administration to implement the 
recommendations of such evaluation. 
(h) For the purpose of carrying out subsections (d), (e), (f), and 
(g) of this section, there is authorized to be appropriated out of the 
HighAvay Trust Fund, $10,000,000, to remain available until expended. 
Report to 
Congress. 
Appropriation 
authorization. 
National 
campaign. 
Evaluation. 
Annual report to 
Congress. 
Appropriation 
authorization. 
MOTORCYCLE HELMET STUDY 
SEC. 210. The Secretary of Transportation shall make a full and 23 USC 402 note, 
complete study of the effect of the provision contained in the eighth 
sentence of subsection (c) of section 402 of title 23 of the United 
92 STAT. 2734 
PUBLIC LAW 95-599—NOV. 6, 1978 
Report to 
Congress. 
States Code relating to requirements, or lack thereof, concerning the 
wearing of safety helmets by operators and passengers on motor-
cycles. Such investigation and study shall include, but not be limited 
to, deaths, accidents, severity of injuries, length of time of recupera-
tion, and permanent disabilities. The Secretary shall report the results 
of such study, together with his recommendations, to Congress not 
later than one year after the date of enactment of this section. 
STUDY o r OUTSIZED VEHICLES 
23 use 307 note. 
SEC. 211. The Secretary of Transportation shall make a complete 
study of outsized vehicles for operation on the highways constructed 
in a manner which exceed the standardized industry configurations. 
Report to 
The Secretary shall report the results of his study to Congress, with 
Congress. 
j^jg recommendations, not later than six months after the date of 
enactment of this section. 
Submittal to 
Congress. 
23 u s e 403 note. 
Legislative 
recommenda-
tions. 
"Drug." 
MARIJUANA AND OTHER DRUG REPORT 
SEC. 212. The Secretary shall report to Congress not later than 
December 31, 1979, concerning the progress of efforts to detect and 
prevent marijuana and other drug use by operators of motor vehicles. 
Such report shall include, but not be limited to, information concern-
ing the frequency of marijuana and drug use by motor vehicle opera-
tors, capabilities of law enforcement officials to detect the use of 
marijuana and drugs by motor vehicle operators, and a description 
of Federal and State projects undertaken into methods of detection 
and prevention. The report shall include the Secretary's recommenda-
tions on the need for legislation and specific programs aimed at 
reducing marijuana and other drug use by motor vehicle operators. 
For the purpose of this section the term "drug" means a controlled 
substance within thfe meaning of section 102(6) of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802(6)). 
23 use 202. 
Arrangements 
23 u s e 402 note. 
Report to 
Secretary and 
Congress. 
SAFETY BELT PROGRAM 
SEC. 213. Each State shall expend each fiscal year not less than 
2 per centum of the amount apportioned to it for such fiscal year of 
the sums authorized by section 202(1) of this title, for programs to 
encourage the use of safety belts by drivers of, and passengers in, 
motor vehicles. 
SAFETY BELT STUDY 
SEC. 214. The Secretary of Transportation shall undertake to enter 
into appropriate arrangements with the National Academy of Sciences 
to conduct a comprehensive study and investigation of methods of 
encouraging the use of safety belts by drivers of, and passengers in, 
motor vehicles, including, btit not limited to, the use of various types 
of financial incentives and financial disincentives to encourage such 
use. In entering into any arrangement with the National Academy 
of Sciences for conducting such study and investigation, the Secre-
tary shall request the National Academy of Sciences to report to the 
Secretary and the Congress not later than one year after the date of 
enactment of this Act on the results of such study and investigation, 
together with its recommendations. The Secretary shall furnish to such 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2735 
Academy at its request any information which the Academy deems 
necessary for the purpose of conducting the investigation and study 
authorized by this section. 
PROHIBITIOIf 
SEC. 215. None of the funds authorized by this title (including 
any amendment made by this title) shall be expended for the purchase, 
directly or indirectly, of any passive restraint system for any motor 
vehicle owned by any State (including a political subdivision of a 
State) or by the United States, except for a motor vehicle primarily 
used in an educational program. 
TITLE I I I 
SHORT TITLE 
SEC. 301. This title may be cited as the "Federal Public Trans-
portation Act of 1978". 
Passive restraint 
system. 
Federal Public 
Transportation 
Act of 1978. 
49 u s e 1601 
note. 
DISCRETIONARY GRANT OR LOAN PROGRAM 
SEC. 302. (a) Section 3(a) of the Urban Mass Transportation Act 
of 1964 is amended to read as follows: 
^^ USC 1602. 
"(a) (1) The Secretary is authorized, in accordance with the provi-
sions of this Act and on such terms and conditions as the Secretary 
may prescribe, to make grants or loans (directly, through the purchase 
of securities or equipment trust certificates, or otherwise) to assist 
States and local public bodies and agencies thereof in 
financing— 
"(A) the construction of new fixed guideway systems and 
extensions to existing fixed guideway systems, including the 
acquisition of real property, the initial acquisition of rolling 
stock needed for such systems, and the detailed alternative anal-
yses relating to the development of such systems; 
"(B) the acquisition, construction, reconstruction, and improve-
ment of facilities and equipment for use, by operation or lease 
or otherwise, in mass transportation service and the coordination 
of such service with highway and other transportation. Eligible 
facilities and equipment may include personal property such as 
buses and other rolling stock, and rail and bus facilities, and real 
property and improvements (but not public highways other than 
fixed guideway facilities) needed for an efficient and coordinated 
public transportation system. No project for the replacement 
or purchase of buses and related equipment or the construction 
of bus-related facilities shall be approved unless the Secretary 
finds that such project cannot be reasonably funded out of the 
apportionments under section 5(a) (4) of this Act; 
^^^^•> P- 2741. 
"(C) the introduction into public transportation service of 
new technology in the form of innovative and improved products; 
" ( D ) transportation projects which enhance the effectiveness 
of any mass transportation project and are physically or func-
tionally related to such mass transportation project or which 
create new or enhanced coordination between public transporta-
tion and other forms of transportation, either of which enhance 
urban economic development or incorporate private investment 
including commercial and residential development. The term "Eligible costs. 
92 STAT. 2736 
PUBLIC LAW 95-599—NOV. 6, 1978 
Fair share 
payment. 
45 use 851. 
Federal share. 
49 use 1603. 
Determinations. 
Post, p. 2743. 
Obligative letter 
of intent. 
"eligible costs" includes property acquisition, demolition of exist-
ing structures, site preparation, utilities, building foundations, 
walkways, open space, and the acquisition, construction, and 
improvement of facilities and equipment for intermodal transfer 
facilities and transit malls, but does not include the construction 
of commercial revenue-producing facilities, whether publicly or 
privately owned, or of those portions of public facilities not related 
to mass transportation. The Secretary shall require that all grants 
and loans under this paragraph be subject to such terms, condi-
tions, requirements, and provisions as the Secretary determines 
necessary or appropriate for purposes of this section, including 
requirements for the disposition of net increases in value of real 
property resulting from the project assisted under this section. 
The Secretary shall require in all grants and loans under this sub-
paragraph that any person or entity that contracts to occupy space 
in facilities funded under this subparagraph shall pay a fair share 
of the cost of such facilities, through rental payments and other 
means; 
(E) the modification of equipment and fixed facilities (other 
than stations) which the Secretary determines t« be necessaryJ;D--
avoid any adverse effects resulting from the implementation of 
the Northeast Corridor project pursuant to title VII of Public 
Law 94-210. Notwithstanding the Federal share provisions of 
section 4(a) of this Act, the Secretary is authorized to make 
grants for 100 per centum of the net project cost of projects assisted 
under this subparagraph. 
" (2) (A) No grant or loan shall be provided under this section unless 
the Secretary determines that the applicant has or will have— 
"(i) the legal, financial, and technical capacity to carry out 
the proposed project; and 
" (ii) satisfactory continuing control, through operation or lease 
or otherwise, over the use of the facilities and the equipment. 
"(B) The Secretary may make loans for real property acquisition 
pursuant to subsection (b) upon a determination, which shall be in 
lieu of the determination required by subparagraph (A), that the real 
property is reasonably expected to be required in connection with a 
mass transportation system and that it will be used for that purpose 
within a reasonable period. 
"(C) No grant or loan funds shall be used for payment of ordinary 
governmental or nonproject operating expenses, nor shall any grant 
or loan funds be used to support procurements utilizing exclusionary 
or discriminatory specifications. 
"(3) The Secretary shall not approve a grant or loan for a project 
under this section unless the Secretary finds that such project is part 
of an approved program of projects required by section 8 of this Act. 
"(4) The Secretary is authorized to announce an intention to obli-
gate for a project under this section through the issuance of a letter of 
intent to the applicant. Such an action shall not be deemed an obliga-
tion as defined under section 1311 of the Act of August 26, 1954, as 
amended (31 U.S.C. 200), nor shall such a letter be deemed an admin-
istrative commitment. The letter shall be regarded as an intention to 
obligate from future available budget authority provided in an appro-
priation Act not to exceed an amount stipulated as the Secretary's 
financial participation in the defined project under this section. The 
amount stipulated in the letter, when issued for a fixed guideway 
l-\ 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2737 
project, shall be sufficient to complete an operable segment. No obliga-
tion or administrative commitment may be made pursuant to such a 
letter of intent except as funds are provided in appropriations Acts. 
The total estimated amount of future Federal obligations covered by 
all outstanding letters of intent shall not exceed the amount authorized 
in section 4(0) of this Act, less an amount reasonably estimated by the 
Secretary to be necessary for grants under this section which are not 
covered by a letter of intent. The total amount covered by new letters 
issued shall not exceed any limitation that may be specified in an 
appropriations Act. Nothing in this paragraph shall affect the validity 
of letters of intent issued prior to the enactment of the Federal Public 
Transportation Act of 1978.". 
(b) Section 3(b) of the Urban Mass Transportation Act of 1964 is 
amended by striking out "including the net cost of property manage-
ment" and inserting in lieu thereof the following: "including recon-
struction, renovation, and the net cost of property management". 
(c) Section 3(e) (1) of the Urban Mass Transportation Act of 1964 
is amended by striking out "the Secretary finds that such assistance is 
essential to a program, proposed or under active preparation, for a 
unified or officially coordinated urban transportation system as part 
of the comprehensively planned development of the urban area" and 
inserting in lieu thereof "the Secretary finds that such assistance is 
essential to the program of projects required by section 8 of this Act". 
(d) Section 3(h) of the Urban Mass Transportation Act of 1964 
is amended to read as follows: 
"(h) Notwithstanding any other provision of this Act, the Secre-
tary, upon application by a local public body, may approve a project 
which utilizes funds available under sections 3 and 5 of this Act, but 
in any such project, none of the funds available under section 3 may 
be expended in connection with the acquisition of buses, bus equip-
ment, or bus related facilities unless the combined project includes 
new buses, bus equipment, or bus related facilities the cost of which is 
at least equal to the total amount that reasonably could have been 
provided for such purposes with funds available under section 
5(a)(4).". 
AUTHORIZATIONS 
SEC. 303. (a) The caption of section 4 of the Urban Mass Trans-
portation Act of 1964 is amended to read as follows: "NET PROJECT COST, 
FEDERAL SHARE, AND AUTHORIZATIONS". 
(b) Section 4(a) of the Urban Mass Transportation Act of 1964 
is amended by striking out the first three sentences. 
(c) Section 4(c) of the Urban Mass Transportation Act of 1964 
is amended by inserting "(1)" immediately after "(c)"; by inserting 
after the word "Act" the second time it appears in the first sentence 
the words "as it read prior to enactment of the Federal Public Trans-
portation Act of 1978"; by striking out the last sentence; and by add-
ing at the end thereof the following new paragraphs: 
"(2) Notwithstanding paragraph (1) of this subsection or any 
other provision of this Act, the unobligated balance of contract 
authority established pursuant to paragraph (1) shall not be available 
for administrative commitment after September 30, 1978, and shall 
lapse on September 30,1980. 
"(3) (A) To finance additional grants and loans under section 3 
of this Act and to finance grants and contracts under subsection (i) 
Infra. 
Ante, p. 2735. 
49 u s e 1602. 
Post, p. 2743. 
Buses and related 
facilities, 
expenditures. 
49 
use 
1604. 
49 
use 
1603. 
Appropriation 
authorization. 
92 STAT. 2738 
PUBLIC LAW 95-599—NOV. 6, 1978 
Post, p. 2743. 
of this section and section 8 of this Act, there are authorized to be 
appropriated not to exceed $1,375,000,000 for the fiscal year ending 
September 30, 1979; $1,410,000,000 for the year ending September 30, 
1980; 
$1,515,000,000 for the year ending September 30, 1981; 
$1,600,000,000 for the fiscal year ending September 30, 1982; and 
$1,580,000,000 for the fiscal year ending September 30, 1983. In any 
fiscal year not more than five and one-half per centum of such fiscal 
years appropriation pursuant to this subparagraph shall be used for 
the purposes of subsection (i) of this section and section 8 of this Act. 
Appropriations pursuant to the authority of this paragraph and sub-
section (g) of this section may be in an appropriations Act for a fiscal 
year preceding the fiscal year in which the appropriation is to be avail-
able for obligation and shall remain available for three years follow-
ing the close of the fiscal year for which such appropriation is made. 
"(B) In each fiscal year, not more than $200,000,000 of the sums 
appropriated pursuant to subparagraph (A) shall be available for 
Ante, p. 2735. 
grants and loans approved under section 3(a)(1)(D) of this Act. 
"(C) Not more than $45,000,000 of the total sums appropriated 
pursuant to subparagraph (A) shall be available for grants approved 
under section 3(a) (1) (E) of this Act. 
"(D) In each fiscal year, at least $350,000,000 of the sums appro-
priated pursuant to subparagraph (A) shall be available for grants 
for the reconstruction and improvement of existing public mass trans-
portation systems.". 
49 use 1603. 
(d) Section 4(d) of the Urban Mass Transportation Act of 1964 
is amended to read as follows: 
"(d) There are authorized to be appropriated $10,000,000 in each 
fiscal year for the fiscal years ending September 30, 1979, Septem-
ber 30, 1980, September 30, 1981, and September 30, 1982, to carry 
Post, p. 2745. 
out the functions of section 11 (b) of this Act. Sums appropriated 
pursuant to this subsection shall remain available until expended.". 
(e) Section 4 of the Urban Mass Transportation Act of 1964 is 
amended by adding at the end thereof the following new subsections: 
Post, p. 2748. 
"(e) To finance grants under section 18 of this Act, there are 
authorized to be appropriated not to exceed $90,000,000 for the fiscal 
year ending September 30, 1979; $100,000,000 for the fiscal year end-
ing September 30, 1980; $110,000,000 for the fiscal year ending Sep-
tember 30,1981; $120,000,000 for the fiscal year ending September 30, 
1982. Sums appropriated pursuant to this subsection shall remain 
available until expended. 
"(f) There are authorized to be appropriated to carry out the 
functions of this Act, other than sections 3, 5, 8, 11(b), 16(b), 18, 
Ante, p. 2735, 
21, and 22, not to exceed $90,000,000 for the fiscal year ending Sep-
Post, pp. 2739, 
tember 30, 1979; $95,000,000 for the fiscal year ending September 30, 
2748,2754, 
^ggQ; $100,000,000 for the fiscal year ending September 30, 1981; 
^'^^- 
and $105,000,000 for the fiscal year ending September 30, 1982. Sums 
appropriated pursuant to this subsection for financing projects funded 
49 use 1605. 
under section 6 of this Act shall remain available until expended. 
"(g) There are authorized to be appropriated such sums as may be 
necessary to carry out public transportation projects substituted for 
Interstate segments Avithdrawn under section 103(e)(4) of title 23, 
United States Code. 
Reports to 
"(h) (1) On or before the twentieth day of each calendar quarter 
Congress. 
^]^g Secretary shall submit to Congress a report on (1) obligations, 
commitments, and reservations by State, designated recipient, and 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2739 
applicant, made under authority of this Act; (2) the balance as of 
the last day of each quarter of the unobligated, uncommitted, and 
unreserved apportionments made under this Act; (3) the balance of 
imobligated, uncommitted, and unreserved sums available for expend-
iture at the discretion of the Secretary under this Act as of the end 
of such quarter; (4) a listing of letters of intent issued; and (5) a 
status report on all outstanding letters of intent. 
"(2) On or before October 1, 1979, the Secretary shall report to 
Congress on authorization requests for sections 3 and 5 of this Act 
for fiscal years 1981 through 1984. On or before October 1, 1981, the 
Secretary shall report to Congress on authorization requests for sec-
tions 3 and 5 of this Act for fiscal years 1983 through 1986. Such 
authorization requests shall contain a description and analysis of the 
methods used and the assumptions relied upon by the Secretary. 
"(i) The Secretary is authorized to make grants to States and local 
public bodies, using sums available pursuant to section 4(c) (3 )(A) 
of this section, for projects for the deployment of innovative techniques 
and methods in the management and operation of public transporta-
tation services. In each fiscal year grants for any one State shall not 
exceed twelve and one-half per centum of the funds available for the 
purposes of this subsection." 
Ante, p. 2735, 
infra. 
Grants. 
URBAN MASS TRANSIT PROGRAM 
SEC. 304. (a) Subsections (a) and (b) of section 5 of the Urban 
Mass Transportation Act of 1964 are amended to read as follows: 
"(a) (1) (A) To make grants for construction or operating assist-
ance purposes under this subsection, the Secretary shall apportion for 
expenditure in fiscal years 1975 through 1980 the sums authorized by 
subsection (c) (1) of this section and appropriated pursuant to subsec-
tion (c) (2) of this section. For subsequent fiscal years, the Secretary 
sliall apportion the sums appropriated pursuant to subparagraph (B) 
of this paragraph. Such sums shall be made available for expenditure 
in urbanized areas or parts thereof on the basis of a formula under 
which urbanized areas or parts thereof will be entitled to receive an 
amount equal to the sum of— 
"(i) one-half of the total amount so apportioned multiplied 
by the ratio which the population of such urbanized area or part 
thereof, as designated by the Bureau of Census, bears to the total 
population of all the urbanized areas in all the States as shown 
by the latest available Federal census; and 
"(ii) one-half of the total amount so apportioned multiplied 
by a ratio for that urbanized area determined on the basis of 
population weighted by a factor of density, as determined by the 
Secretary. 
As used in this section, the term 'density' means the number of inhabi-
tants per square mile. 
"(B) There are authorized to be appropriated for the purposes of 
this paragraph, $900,000,000 in each fiscal year for the fiscal years 
ending September 30, 1981, and September 30, 1982. 
"(2) (A) To make grants for construction or operating assistance 
purposes under this subsection, the Secretary shall apportion for 
expenditure in each fiscal year the sums appropriated pursuant to 
subparagraph (C) of this paragraph. 
"(i) Eighty-five per centum of such sums shall be made available 
for expenditure in only those urbanized areas or parts thereof with 
Funds, 
apportionment. 
49 use 1604. 
"Density." 
Appropriation 
authorization. 
92 STAT. 2740 
PUBLIC LAW 95-599—NOV. 6, 1978 
'Density. 
"Density." 
Appropriation 
authorization. 
a population of 750,000 or more, and on the basis of a formula under 
which such urbanized areas or parts thereof will be entitled to receiv e 
an amount equal to the sum of— 
"(1) one-half of the total amount so apportioned multiplied 
by the ratio which the population of such an urbanized area or 
part thereof, as designated by the Bureau of the Census, bears 
to the total population of all such urbanized areas in all the 
States as shown by the latest available Federal census; and 
"(2) one-half of the total amount so apportioned multiplied 
by a ratio for that urbanized area determined on the basis of 
population weighted by a factor of density, as determined by the 
Secretary. 
As used in the preceding sentence, the term 'density' means the num-
ber of inhabitants per square mile. 
"(ii) Fifteen per centum of such sums shall be made available for 
expenditure in only those urbanized areas or parts thereof with a 
population of less than 750,000 and on the basis of a formula under 
which such urbanized areas or parts thereof will be entitled to receive 
an amount equal to the sum of— 
"(1) one-half of the total amount so apportioned multiplied 
by the ratio which the population of such an urbanized area or 
part thereof, as designated by the Bureau of the Census, bears 
to the total population of all such urbanized areas in all the States 
as shown by the latest available Federal census; and 
"(2) one-half of the total amount so apportioned multiplied 
by a ratio for that urbanized area determined on the basis of 
population weighted by a factor of density, as determined by the 
Secretary. 
As used in the preceding sentence, the term 'density' means the num-
ber of inhabitants per square mile. 
"(C) There are authorized to be appropriated for the purposes of 
this paragraph $250,000,000 for the fiscal year ending September 30, 
1979; $250,000,000 for the fiscal year ending September 30, 1980; 
$250,000,000 for the fiscal year ending September 30, 1981; and 
$250,000,000 for the fiscal year ending September 30,1982. 
"(3) (A) To make grants for construction and operating assistance 
projects under this subsection involving commuter rail or other fixed 
guideway systems, the Secretary shall apportion for expenditure in 
each fiscal year the sums appropriated pursuant to subparagraph (B) 
of this paragraph. Such sums shall be made available for expenditure 
in urbanized areas or parts thereof on the basis of a formula under 
which urbanized areas or parts thereof will be entitled to receive an 
amount equal to the sum of— 
" (i) two-thirds of the total amount to be apportioned as follows: 
one-half multiplied by a ratio which the number of commuter rail 
train miles operated within or serving the urbanized area in the 
prior fiscal year bears to the total number of commuter rail train 
miles operated in or serving all urbanized areas in the prior fiscal 
year, and one-half multiplied by a ratio which the number of 
commuter rail route miles operated within or serving the urbanized 
area in the prior fiscal year bears to the total number of commuter 
rail route miles operated in or serving all urbanized areas in the 
prior fiscal year. No single eligible State's portion of an urbanized 
area shall receive in any fiscal year less than one-half per centum 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2741 
or more than thirty per centum of the sums appropriated for such 
fiscal years pursuant to this clause; 
" (ii) one-third of the total amount to be apportioned multiplied 
by the ratio that the number of fixed guideway system route miles 
(excluding commuter rail route miles) in the urbanized area in 
the prior fiscal year bears to the total number of such fixed guide-
way system route miles (excluding commuter rail route miles) in 
all urbanized areas in the prior fiscal year. For the purposes of tlie 
calculation to be made under this subparagraph, no single State's 
portion of an urbanized area shall receive more than 30 per centum 
of the sums appropriated for such fiscal year pursuant to this 
clause. 
Sums apportioned under this paragraph shall be available for expendi-
ture only for capital or operating assistance projects involving com-
muter rail or other fixed guideway systems. 
"(B) There are authorized to be appropriated for the purposes of 
this paragraph, $115,000,000 for the fiscal year ending September 30, 
1979; $130,000,000 for the fiscal year ending September 30, 1980; 
$145,000,000 for the fiscal year ending September 30, 1981; and 
$160,000,000 for the fiscal year ending September 30,1982. 
"(4) (A) To make grants under this subsection for the purchase of 
buses and related equipment, or the construction of bus related facili-
ties, the Secretary shall apportion in each fiscal year the sums appro-
priated pursuant to subparagraph (B) of this paragraph. In fiscal 
years 1979 and 1980, the apportionments shall be made in accordance 
with the population density formula set out in subsection (a) (1) (A) 
of this section. Sums apportioned under this paragraph shall be avail-
able only for projects for the purchase of buses and related equipment, 
in the construction of bus related facilities, except that projects assisteti 
pursuant to section 3(h) of this Act may utilize funds apportioned 
under this section for any eligible construction project. 
"(B) There are authorized to be appropriated for the purposes of 
this paragraph $300,000,000 for the fiscal year ending September 30, 
1979; $300,000,000 for the fiscal year ending September 30, 1980; 
$370,000,000 for the fiscal year ending September 30, 1981; and 
$455,000,000 for the fiscal year ending September 30, 1982. 
"(b)(1) The Governor, responsible local officials, and publicly owned 
operators of mass transportation services, in accordance with the 
planning process required under section 8 of this Act, with the 
concurrence of the Secretary, shall designate a recipient or recipients 
to receive and dispense the funds apportioned under subsection (a) 
that are attributable to urbanized areas of two hundred thousand or 
more population. In any case in which a statewide or regional agency 
or instrumentality is responsible under State laws for the financing, 
construction and operation, directly, by lease, contract or otherwise, 
of public transportation services, such agency or instrumentality shall 
be the recipient to receive and dispense such funds. The term 'desig-
nated recipient' as used in this section shall refer to the recipient 
selected according to the procedures required by this paragraph. 
"(2) Sums apportioned under subsection (a) not made available 
for expenditure by designated recipients in accordance with the terms 
of paragraph (1) of this subsection shall be made available to the 
Governor for expenditures in urbanized areas or parts thereof in 
accordance with the planning process required under section 8 of this 
Act and shall be fairly and equitably distributed. The Governor shall 
Appropriation 
authorization. 
Ante, p. 2737. 
Appropriation 
authorization. 
Recipient 
designation. 
Post, p. 2743. 
"Designated 
recipient." 
92 STAT. 2742 
PUBLIC LAW 95-599—NOV. 6, 1978 
submit annually a report to the Secretary concerning the allocation of 
funds made available under this paragraph.". 
Appropriation 
(b) Section 5(c) (2) of the Urban Mass Transportation Act of 1964 
authorization. 
ig amended to read as follows: "In addition to sums authorized in 
49 use 1604. 
paragraph (1) of this subsection, there is authorized to be appropriated 
for the fiscal year ending September 30, 1980, the additional amount 
of $125,000,000. This amount shall be available for apportionment pur-
suant to subsection (a)(1) of this section.". 
(c) Section 5(c) of the Urban Mass Transportation Act of 1964 is 
amended by adding at the end thereof the following new paragraphs: 
"(3) Appropriations pursuant to this section shall be available until 
expended. 
"(4) Sums apportioned under this section shall be available for 
obligation by the Governor or designated recipient for a period of 
three years following the close of the fiscal year for which such sums 
are apportioned. Any amounts so apportioned remaining unobligated 
at the end of such period shall be added to the amount available for 
apportionment under this section for the succeeding fiscal year, except 
that any funds authorized by section 5(a) (3) and (4) which are so 
reapportioned shall remain subject to the limitations applicable to the 
original apportionment of such funds.". 
(d) Section 5(f) of the Urban Mass Transportation Act of 1964 is 
amended to read as follows: 
"(f) Federal funds available for expenditure for mass transporta-
tion projects under this section and apportioned for fiscal years ending 
prior to October 1,1981, shall be supplementary to and not in substitu-
tion for the average amount of State and local government funds and 
other transit revenues such as advertising concessions, and property 
leases, excluding reimbursement payments for the transportation of 
schoolchildren, expended on the operation of mass transportation serv-
ice in the area involved for the two fiscal years preceding the fiscal 
year for which the funds are made available: Provided^ however, That 
if such State and local government funds or other transit revenues are 
reduced, there shall be no loss of Federal assistance under this section 
if such reduction is offset by an increase in operating revenues through 
changes in fare structure. Nothing in the preceding sentence shall be 
construed as preventing State or local tax revenues which are used for 
the operation of mass transportation service in the area involved from 
being credited (to the extent necessary) toward the non-Federal share 
of the cost of the project. Where the Secretary finds that a recipient 
has reduced operating costs without reducing service levels the recip-
ient shall be entitled to make a proportionate reduction in the amount 
of transit revenues required to be expended under this subsection.". 
(e) Section 5(g) of the Urban Mass Transportation Act of 1964 is 
amended to read as follows; 
"(g) The Secretary shall not approve a grant or loan for a project 
under this section unless he finds that such project is part of the 
Post, p. 2743. 
approved program of projects required by section 8 of this Act, and 
that the applicant or responsible agency has or will have— 
"(1) the legal, financial, and technical capacity to carry out 
the proposed project; and 
" (2) satisfactory continuing control, throiigh operation or lease 
or otherwise, over the use of project facilities and equipment.". 
(f) Section 5(i) of the Urban Mass Transportation Act of 1964 
is amended by striking out "and (2)" and inserting in lieu thereof 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2743 
Notice and 
hearings. 
"(2)"; by striking out the period at the end thereof and inserting 
in lieu thereof a comma and the following: "and (3) assurances 
satisfactory to the Secretary that any public mass transportation 
system receiving financial assistance under such project will not 
change any fare and will not substantially change any service except 
(A) after having held public hearings or having afforded an adequate 
opportunity for such hearings, after adequate public notice, (B) 
after having given proper consideration to views and comments 
expressed in such hearings, and (C) after having given consideration 
to the effect on energy conservation, and the economic, environmental, 
and social impact of the change in such fare or such service.". 
PLANNING AND TEX3HNICAL STUDIES 
SEC. 305. (a) Sections 8 and 9 of the Urban Mass Transportation Repeals. 
Act are repealed. 
49 USC 1607, 
(b) The Urban Mass Transportation Act is amended by inserting 1607a. 
after section 7 the following new section: 
u 
PLANNING AND TECHNICAL 
STUDIES 
"SEC. 8. (a) It is declared to be in the national interest to encour- 49 USC 1607. 
age and promote the development of transportation systems embrac-
ing various modes of transportation in a manner that will serve the 
States and local communities efficiently and effectively. To accomplish Cooperation, 
this objective, the Secretary shall cooperate with the State and local 
officials in the development of transportation plans and programs 
which are formulated on the basis of transportation needs with due 
consideration to comprehensive long-range land use plans, develop-
ment objectives, and overall social, economic, environmental, system 
performance, and energy conservation goals and objectives, and with 
due consideration to their probable effect on the future development 
of urban areas of more than fifty thousand population. The planning 
process shall include an analysis of alternative transportation system 
management and investment strategies to make more efficient use 
of existing transportation facilities. The process shall consider all 
modes of transportation and shall be continuing, cooperative, and 
comprehensive to the degree appropriate based on the complexity of 
the transportation problems. 
"(b) (1) The urbanized area planning process shall be carried on 
by local officials acting through a metropolitan planning organization 
in cooperation with the State. 
"(2) Within one year after enactment of this subsection, in the 
absence of State law to the contrary, units of general purpose local 
government within an urbanized area or contiguous urbanized areas 
for which a metropolitan planning organization has been designated 
prior to enactment of this subsection, may by agreement of at least 75 
per centum of the units of general purpose local government repre-
senting at least 90 per centum of the population of such urbanized area 
or areas and in cooperation with the Governor, redesignate as the 
metropolitan planning organization any representative organization. 
"(3) Except as provided in subparagraph (B), after the date of 
enactment of this subsection, designations of metropolitan planning 
organizations shall be by agreement among the units of general jiur-
pose local government and the Governor. 
Metropolitan 
planning 
organizations, 
lations. 
92 STAT. 2744 
PUBLIC LAW 95-599—NOV. 6, 1978 
Program, 
"(c) A program of projects eligible for assistance under this Act 
approval. 
shall be submitted for approval to the Secretary. The Secretary shall 
not approve for an urbanized area any such program of projects in 
whole or in part unless (1) the Secretary finds that the planning 
process on which such program is based is being carried on in con-
formance with the objectives of this section, and (2) the Secretary 
finds that the program of projects is based on the planning process. 
Contracts and 
"(d) The Secretary is authorized to contract for and make grants to 
grants. 
States and local public bodies and agencies thereof for the planning, 
engineering, designing, and evaluation of public transportation proj-
ects, and for other technical studies. Activities assisted under this 
section may include (1) studies relating to management, operations, 
capital requirements, and economic feasibility; (2) preparation of 
engineering and architectural surveys, plans, and specifications; (3) 
evaluation of previously funded projects; and (4) other similar or 
related activities preliminary and in preparation for the construction, 
acquisition, or improved operation of mass transportation systems, 
facilities, and equipment. A grant or contract under this section shall 
be made in accordance with criteria established by the Secretary. 
"(e) The plans and programs required by this section shall 
encourage to the maximum extent feasible the participation of private 
enterprise. Where facilities and equipment are to be acquired which are 
already being used in mass transportation service in the urban area, 
the program must provide that they shall be so improved (through 
modernization, extension, addition, or otherwise) that they will better 
sei-ve the transportation needs of the area.". 
FELLOWSHIP ASSISTANCE 
SEC. 306. Section 10 of the Urban Mass Transportation Act of 1964 
is amended to read as follows: 
ii GRANTS FOK TRAINING PROGRAMS 
49 use 1607b. 
"SEC. 10. The Secretary is authorized to make grants to States, local 
public bodies, and agencies thereof (and operators of public trans-
portation services) to provide fellowships for training of personnel 
employed in managerial, technical, and professional positions in the 
public transportation field. Fellowships shall be for not more than 
one year of training in public or private training institutions offering 
programs having application in the public transportation industry. 
Selections. 
The recipient of a fellowship under this section shall be selected by 
the grantee on the basis of demonstrated ability and for the contri-
bution which the recipient can be reasonably expected to make to an 
efficient public transportation operation. The assistance under this 
section toward each fellowship shall not exceed the lesser of $24,000 
or 75 per centum of the sum of (1) tuition and other charges to the 
fellowship recipient, (2) any additional costs incurred by the training 
institution in connection with the fellowship and billed to the grantee, 
and (3) the re^lar salary of the fellowship recipient for the period 
of the fellowship (to the extent that salary is actually paid or reim-
bursed by the grantee).". 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2745 
TRANSPORTATION 
CENTERS 
SEO. 307. Subsection (b) of section 11 of the Urban Mass Trans-
portation Act of 1964 is amended to read as follows: 
"(b) (1) In addition to grants authorized by subsection (a) of this 
sect on, tne Secretary is authorized to make grants for the purpose of 
establishing and operating transportation centers at nonprofit institu-
tions of higher learning. 
"(2) The institutions receiving assistance under this subsection shall 
be selected by the Secretary, in coordination with State transportation 
agencies or departments, on the basis of demonstrated research and 
extension resources capable of contributing to the solution of State 
and regional transportation problems. 
"(3) The responsibilities and duties of each transportation center 
shall include, but not be limited to, the conduct of competent research 
investigations, both scientific and policy oriented, and experiments of 
either a basic or practical nature in relation to transportation problems. 
"(4) In order for an institution to receive Federal funds under this 
subsection, subject to the conditions set forth therein, such institution, 
in coordination with the State in which the institution is located (or, 
in the case of multi-institutional programs authorized under para-
graph (6) of this subsection, in coordination with the States in which 
the participating institutions are located) shall submit to the Secretary 
for his approval a program or programs of proposed projects for the 
academic year for the utilization of such funds. The Secretary shall 
act upon programs submitted to him by March 15 preceding the fiscal 
year for which application for assistance is made (except in the case 
of fiscal year 1979, for which the Secretary shall act upon programs 
submitted to him as soon as practicable). 
" (5) As a condition to project approval, the State in which a selected 
institution is located must equally match from other than Federal 
funds, the amount of the Federal grant. 
" (6) Upon the joint application of two or more institutions of higher 
learning, the Secretary may approve a multi-institutional program to 
address regional transportation problems, subject to conditions set 
forth in this subsection. 
"(7) On or before July 1 of each fiscal year for which funds have 
been appropriated under this subsection, each participating institution 
shall submit a report to the Secretary on its activities and progress 
in solving transportation problems. On or before October 1 of each 
such fiscal year, the Secretary shall submit a report to Congress on 
the activities and progress of the program authorized by this subsec-
tion in solving transportation problems and achieving national trans-
portation policy objectives.". 
Grants. 
49 u s e 1607c. 
Duties. 
Projects program, 
approval. 
State matching 
grants. 
Report. 
Annual report to 
G)ngress. 
DEFINITIONS AND GENERAL PROVISIONS 
SEC. 308. Section 12 of the Urban Mass Transportation Act of 1964 49 USC 1608. 
is amended as follows: 
(a) Subsection (b) is amended— 
(1) by inserting " (1)" af 
ter " (b)"; 
(2) by adding at the end thereof the following: 
"(2) After September 30, 1979, contracts for the acquisition of Evaluations, 
rolling stock, including buses, which will result in the expenditure of 
Federal financial assistance under this Act, may be awarded based on 
39-194 O—80—pt. 3 
8 : QL3 
92 STAT. 2746 
PUBLIC LAW 95-599—NOV. 6, 1978 
consideration of performance, standardization, life-cycle costs, and 
other factors the Secretary may deem relevant, in addition to the con-
sideration of initial capital costs. Where necessary, the Secretary shall 
assist grantees in making such evaluations.". 
Definitions. 
(b) Subsection (c) is amended to read as follows: 
" (c) As used in this Act.— 
" (1) the term 'construction' means the supervising, inspecting, 
actual building, and all expenses incidental to the acquisition, con-
struction, or reconstruction of facilities and equipment for use in 
public transportation, including designing, engineering, location 
surveying, mapping, acquisition of rights-of-way, relocation assist-
ance, acquisition of replacement housing sites, acquisition 
and rehabilitation, relocation, and construction of replacement 
housing; 
"(2) the term 'fixed guideway' means any public transporta-
tion facility which utilizes and occupies a separate right-of-way 
for the exclusive use of public transportation service including, 
but not limited to, fixed rail, automated guideway transit, and 
exclusive facilities for buses and other high occupancy vehicles; 
"(3) the term 'Governor' means the ranking executive officer 
or his designate for each of the jurisdictions included in the defini-
tion of 'State': 
"(4) the term 'handicapped person' means any individual who 
by reason of illness, injury, age, congenital malfunction, or other 
permanent or temporary incapacity or disability, including any 
person who is wheelchair bound or has semiambulatory capabili-
ties, is unable without special facilities or special planning or 
design to utilize public transportation facilities and services effec-
tively. The Secretary may, by regulation, adopt modifications of 
49 use 1604. 
this definition for purposes of section 5 (m) of this Act ; 
"(5) the term 'local public bodies' includes municipalities and 
other political subdivisions of States; public agencies and instru-
mentalities of one or more States, municipalities and political 
subdivisions of States; Indian tribes; and public corporations, 
boards, and commissions established under the laws of any State; 
"(6) the term 'mass transportation' means transportation by 
bus, or rail, or other conveyance, either publicly or privately 
owned, which provides to the public general or special service 
(but not including school buses or charter or sightseeing service) 
on a regular and continuing basis; 
"(7) the term 'public transportation' means mass transporta-
tion; 
"(8) the term 'Secretary' means the Secretary of Transporta-
tion; 
"(9) The term 'States' means the several States, the District of 
Columbia, the Commonwealths of Puerto E-ico and the Northern 
Mariana Islands, Guam, American Samoa, and the Virgin 
Islands; 
"(10) the term 'urban area' means any area that includes a 
municipality or other built-up place which is appropriate, in the 
judgment of the Secretary, for a public transportation system 
to serve commuters or others in the locality taking into considera-
tion the local patterns and trends of urban growth; and 
"(11) the term 'urbanized area' means an area so designated by 
the Bureau of Census, within boundaries which shall be fixed by 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2747 
responsible State and local officials in cooperation with eacli ether, 
subject to approval by the Secretary, and which shall at a mini-
mum, in case of any such area, encompass the entire urbanized 
area within a State as designated by the Bureau of Census.". 
(c) Subsections (d) and (f) of section 12 of the Urban Mass trans-
portation Act of 1964 are repealed and section 12(e) is redesignated 
as section 12(d). 
(d) Section 12 of the Urban Mass Transportation Act of 1964 is 
amended by adding at the end thereof the following new subsection: 
"(e) None of the provisions of this Act shall be construed to 
authorize Federal financial assistance for the purpose of financing 
the acquisition by one public body of land, facilities, or equipment 
used in mass transportation from another public body in the same 
geographic area. 
"(f)(1) A State or local public body may petition the Interstate 
Commerce Commission for an exemption from part II of the Interstate 
Commerce Act for mass transportation services provided by such State 
or local public body or provided to such State of local public body by 
contract. Not later than one hundred and eighty days after the date 
such petition is received by the Commission, the Commission shall, 
after notice and reasonable opportunity for a hearing on such petition, 
by order, exempt such State or local public body or contractor from 
part II of the Interstate Commerce Act with respect to such mass 
transportation services to the extent and for such time as it specifies in 
such order, unless the Commission finds that— 
"(A) the public interest would not be served by such 
exemption, 
"(B) the exemption requested would result in an undue burden 
on the interstate or foreign commerce, or 
"(C) the mass transportation services, including rates, pro-
posed to be exempt are not subject to regulation by any State 
or local public agency. 
"(2) Any State or local public body granted an exemption under 
paragraph (1) of this subsection shall be subject to all applicable 
Federal laws pertaining to (A) safety, (B) the representation of 
employees for purposes of collective bargaining, (C) retirement, 
annuities, and unemployment systems, and (D) all other provisions 
of law relating to employee-employer relations. The Commission, 
upon its own initiative or upon petition of an interested party, may 
alter, amend, or revoke any exemption under paragraph (1) of this 
subsection if it subsequently finds that new evidence, material error, 
or changed circumstances exist which materially affect its original 
order. 
"(g) In the case of any buses acquired with Federal financial assist-
ance provided under this Act, the Secretary shall permit the State 
or local body which is acquiring such buses to provide in advertising 
for bids for passenger seats functional specifications (which equal or 
exceed the performance specifications prescribed by the Secretary), 
based on that State or local body's determination of local require-
ments for safety, comfort, maintenance and life cycle costs. This 
subsection shall apply to the initial advertising for bids for the acqui-
sition of buses occurring on or after the date of enactment of the 
Federal Public Transportation Act of 1978." 
Repeals. 
49 u s e 1608. 
Exemption, 
petition. 
49 use 301. 
Notice and 
hearing. 
Bus seat 
specifications. 
Ante, p. 2735. 
92 STAT. 2748 
PUBLIC LAW 95-599~NOV. 6, 1978 
Evaluation. 
49 use 1604 
note. 
49 use 1601 
note. 
Report to 
Congress. 
Legislative 
recommendations 
to Congress. 
49 u s e 1611. 
PROCUREMENT STUDY 
SEC. 309. The Secretary of Transportation shall make an evaluation 
of the procurement process utilized for the purchase of rolling stock 
and other technical equipment purchased with Federal financial 
assistance under the Urban Mass Transportation Act of 1964, and 
from whom purchased. Such evaluation shall consider the benefits of 
more widespread utilization of negotiated procurements. The Sec-
retary shall, not later than July 1,1979, report to Congress the results 
of such evaluation together with his recommendations for necessary 
legislation. 
REPORTING SYSTEM 
SEC. 310. Section 15 of the Urban Mass Transportation Act of 1964 
is amended by adding at the end thereof the following new subsection: 
"(c) The Secretary shall, not later than July 1, 1979, report to 
Congress on the systems prescribed under authority of this section, 
together with his recommendations for any further legislation, if any, 
he deems necessary in connection with such systems.". 
49 use 1612. 
Repeal. 
Emergency 
tinancial 
assistance. 
49 use 1613. 
Appropriation 
authorization. 
Repeal. 
49 use 1614. 
SET ASIDE FOR ELDERLY AND HANDICAPPED 
SEC. 311. (a) The last sentence of subsection (b) of section 16 of the 
Urban Mass Transportation Act of 1964 is amended to read as follows: 
"Of the total amount authorized to be appropriated pursuant to sec-
tion 4(c) (3) of this Act, 2 per centum may be set aside and used 
exclusively to finance the programs and activities authorized by this 
subsection (including administrative costs).". 
(b) Section 16(d) of the Urban Mass Transportation Act of 1964 
is repealed. 
COMMUTER RAIL OPERATING ASSISTANCE 
SEC. 312. (a) Section 17(d) of the Urban Mass Transportation Act 
of 1964 is amended by inserting the word "and" immediately after the 
semicolon in paragraph (3); by striking out "180-day period succeed-
ing the period specified in subparagraph (3) of this subsection" and 
inserting "period ending September 30, 1978." in paragraph (4); and 
by striking out paragraph (5). 
(b) Section 17(f) of the Urban Mass Transportation Act of 1964 is 
amended by striking out "$185,000,000" in the first sentence and insert-
ing in lieu thereof "$125,000,000" and by amending the second sentence 
to read as follows: "There are authorized to be appropriated for 
liquidation of the obligations incurred under this section not to exceed 
$40,000,000 by September 30, 1976, $95,000,000 by September 30, 1977 
and $125,000,000 by September 30,1978, such sums to remain available 
until expended.". 
(c) Section 18 of the Urban Mass Transportation Act of 1964 is 
repealed. 
Apportionment. 
49 u s e 1614. 
Ante, p. 2738. 
FORMULA GRANT PROGRAM FOR AREAS OTHER THAN URBANIZED AREAS 
SEC. 313. (a) The Urban Mass Transportation Act of 1964 is 
amended by adding at the end thereof the following new section: 
"SEC. 18. (a) The Secretary shall apportion for expenditure in each 
fiscal year the sums appropriated pursuant to section 4(e) of this Act. 
Such sums shall be made available for expenditure for public trans-
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2749 
Annual progranii 
approval. 
portation projects in areas other than urbanized areas on the basis of 
a formula under which the Governor of each State will be entitled to 
receive an amount equal to the total amount so apportioned, multiplied 
by the ratio which the population of areas other than urbanized areas 
in such State, as designated by the Bureau of the Census, bears to the 
total population of areas other than urbanized areas in all the States 
as shown by the latest available Federal census. Appropriations pur-
suant to the authority of this section may be made in an appropriation 
Act for a fiscal year preceding the fiscal year in which the appropria-
tion is to be available for obligation. 
" (b) Funds made available under this section may be used for public 
transportation projects which are included in a State program of 
projects for public transportation services in areas other than urbanized 
areas. Such program shall be submitted annually to the Secretary for 
his approval. The Secretary shall not approve the program unless he 
finds that it provides for a fair and equitable distribution of funds 
within the State, including Indian reservations within the State, and 
provides for the maximum feasible coordination of public transporta-
tion services assisted under this section with transportation services 
assisted by other Federal sources. 
"(c) Sums apportioned under this subsection shall be available 
for obligation by the Governor for a period of three years following 
the close of the fiscal year for which the sums are apportioned and any 
amounts remaining unobligated at the end of such period shall be 
reapportioned among the States for the succeeding fiscal year. States 
may utilize sums apportioned under this section for any projects 
eligible under this Act which are appropriate for areas other than 
urbanized areas, including purchase of service agreements with pri-
vate providers of public transportation service, to provide local trans-
portation service, as defined by the Secretary, in areas other than 
urbanized areas. Eligible recipients may include State agencies, local 
public bodies and agencies thereof^ nonprofit organizations, and oper-
ators of public transportation services. 
"(d) The Secretary may permit an amount, not to exceed 15 per 
centum of the amount apportioned, to be used by each State for 
administering this section and for providing technical assistance to 
recipients of funds under this section. Such technical assistance may 
include project planning, program development, management develop-
ment, coordination of public transportation programs (public and 
private), and such research as the State may deem appropriate to 
promote effective means of delivering public transportation service 
in areas other than urbanized areas. 
"(e) The Federal share under this Act for any construction proj- Federal share, 
ect under this section shall not exceed 80 per centum of the net cost 
of such construction project, as determined by the Secretary. The 
Federal share under this Act for any project for the payment of 
subsidies for operating expenses, as defined by the Secretary, shall 
not exceed 50 per centum of the net cost of such operating expense 
project. At least 50 per centum of the remainder shall be provided in 
cash, from sources other than Federal funds or revenues from the 
operation of public mass transportation systems. Any public or pri-
vate transit system funds so provided shall be solely from undistrib-
uted cash surpluses, replacement, or depreciation funds or reserves 
available in cash or new capital. 
Eligible 
recipients. 
Technical 
assistance. 
92 STAT. 2750 
PUBLIC LAW 95-599—NOV. 6, 1978 
Terms and 
conditions. 
49 u s e 1602, 
1609. 
Waiver. 
Evaluation, 
cooperation. 
Report and 
legislative 
recommendations 
to Congress. 
"(f) Grants under this section shall be subject to such terms and 
conditions (which are appropriate to the special needs of public trans-
portation in areas other than urbanized areas) as the Secretary may 
prescribe. The provisions of sections 13(c) and 3(e) (4) of this Act 
shall apply in carrying out projects under this section. For the pur-
poses of this section, the Secretary of Labor may waive any provisions 
of section 13(c) of this Act. Nothing under this subsection shall affect 
or discharge any responsibility of the Secretary under any other pro-
vision of Federal law. 
"(g) The Secretary shall, in cooperation with State regulatory 
commissions, make an evaluation of the escalation of insurance rates 
for operators of public transportation in rural areas and for providers 
of special transportation services for elderly and handicapped per-
sons. The Secretary shall, not later than January 1, 1980, report to 
Congress the results of this evaluation together with his recommenda-
tions for necessary legislation.". 
NONDISCRIMINATION 
SEC. 314. The Urban Mass Transportation Act of 1964 is amended 
by adding at the end thereof the following new section: 
u 
NONDISCRIMINATION 
49 use 1615. 
"SEC. 19. (a)(1) GENERAL.—No person in the United States shall 
on the grounds of race, color, creed, national origin, sex, or age be 
excluded from participation in, or denied the benefits of, or be subject 
to discrimination under any project, program, or activity funded in 
whole or in part through financial assistance under this Act. The pro-
visions of this section shall apply to employment and business oppor-
tunities and shall be considered to be in addition to and not in lieu 
42 use 2000d. 
of the provisions of title VI of the Civil Rights Act of 1964. 
"(2) AFFIRMATIVE ACTION.—The Secretary shall take affirmative 
action to assure compliance with subsection (a) (1) of this section. 
"(3) COMPLIANCE.— (A) Whenever the Secretary determines that 
any person receiving financial assistance, directly or indirectly, under 
this Act, has failed to comply with subsection (a) (1) of this section, 
with any Federal civil rights statute, or with any order or regulation 
issued under such statute, the Secretary shall give notice of such deter-
mination and shall require necessary action to be taken to assure com-
pliance with such subsection. 
"(B) If, within a reasonable period of time after receiving notifica-
tion pursuant to paragraph (a) of this subsection, such person fails 
or refuses to comply with subsection (a) (1) of this section, the Secre-
tary shall— 
"(i) direct that no further Federal financial assistance under 
this Act be provided to such person; 
" (ii) refer the matter to the Attorney General with a recommen-
dation that an appropriate civil action be instituted; 
"(iii) exercise the powers and functions provided by title VI 
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); or 
"(iv) take such other actions as may be provided by law. 
" (4) CIVIL ACTION.—^Whenever a matter is referred to the Attorney 
General pursuant to subsection (a) (3) (B) (ii) of this section, or 
whenever the Attorney General has reason to believe that any person 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2751 
is engaged in a pattern or practice in violation of the provisions of 
this section, the Attorney General may commence a civil action in any 
appropriate district court of the United States for such relief as may 
be appropriate, including injunctive relief. 
"(5) DEFINITION.—^For purposes of this section, the term 'person' 
includes one or more governmental agencies, political subdivisions, 
authorities, partnerships, associations, corporations, legal represent-
atives, mutual companies, joint-stock companies, trusts, unincorporated 
organizations, trustees, trustees in bankruptcy, or receivers.". 
'Person. 
HUMAN RESOURCE PROGRAMS 
SEC. 315. The Urban Mass Transportation Act of 1964 is amended 
by adding at the end thereof the following new section: 
"HUMAN RESOURCE PROGRAMS 
"SEC. 20. The Secretary is authorized to undertake, or provide 
financial assistance by grant or contract for, national and local pro-
grams that address human resource needs as they apply to public 
transportation activities. Such programs may include but are not 
limited to employment training programs; outreach programs to 
increase minority and female employment in public transportation 
activities; research on public transportation manpower and training 
needs; and training and assistance for minority business opportuni-
ties. Such assistance may include assistance in seeking venture capital, 
obtaining surety bonding, obtaining management and technical serv-
ices, and contracting with public agencies organized for such 
purposes.". 
LOAN FORGIVENESS 
SEC. 316. (a) The Secretary of Transportation may convert equip-
ment and facilities loans heretofore made under section 3(a) of the 
Urban Mass Transportation Act of 1964 or title II of the Housing 
Amendments of 1955 (42 U.S.C. 14924), to grants under the conditions 
set forth below. A grant agreement for the acquisition, construction, 
reconstruction, or improvement of facilities and equipment under sec-
tion 3(a) of the Urban Mass Transportation Act of 1964 may provide 
for forgiveness of principal and interest on a loan previously made in 
lieu of a cash grant in the amount forgiven. Such grant shall be sub-
ject to such terms and conditions as the Secretary may deem necessary 
and appropriate, taking into account the degree of completion of the 
project financed with the loan. 
(b) In lieu of the local matching share otherwise required, the grant 
agreement may provide that State or local funds shall be committed to 
public transportation projects in the urbanized area, on a schedule 
acceptable to the Secretary, in an amount equal to the local share that 
would have been required had the amount of principal and interest 
forgiven been the Federal share of a capital grant made when the 
original loan was made. The State or local funds contributed under 
the terms of the preceding sentence shall be made available for capital 
projects eligible for funding under section 3(a) of the Urban Mass 
Transportation Act of 1964 and may not be used to satisfy the local 
matching requirements for any other grant project. 
Assistance, grant 
or contract. 
49 use 1616. 
Conversion to 
grants, 
conditions. 
49 u s e 1602-1. 
Ante, p. 2735. 
42 u s e 1491. 
Terms and 
conditions. 
92 STAT. 2752 
PUBLIC LAW 95-599—NOV. 6, 1978 
RETREAD TIRE MANUFACTURERS EXEMPTION FROM RECORDKEEPING 
SEC. 317. Section 158(b) of the National Traffic and Motor Vehicle 
Safety Act of 1966 (15 U.S.C. 1418(b)) is amended by inserting 
"except the manufacturer of tires which have been retreaded," imme-
diately after "or tires" in the first and second sentences thereof. 
49 use 1607 
note. 
Report to 
Congress. 
BASIC TRANSPORTATION SYSTEM STUDY 
SEC. 318. The Secretary of Transportation shall make a full and 
complete investigation and study of establishing and operating a mass 
transportation system, in whole or in part, which would provide basic 
services with a minimum of amenities, at low costs. The Secretary shall 
report to the Congress the results of such investigation and study not 
later than one year after the date of enactment of this section. 
49 u s e 1604 
note. 
Ante, p. 2741. 
Report to 
Congress. 
Report and 
legislative 
recommendations 
to congressional 
committees. 
STUDIES OF DISTRIBUTION OF FUNDS 
SEC. 319. (a) The Secretary of Transportation shall conduct a study 
of the alternative methods of distributing, by formula, funds appor-
tioned for capital purposes under section 5(a) (4) of the Urban Trans-
portation Act of 1964. The study shall include an evaluation of the 
appropriate goals of a formula program for the distribution of such 
capital assistance and an analysis of the various factors which may be 
used to measure transit usage or need, including vehicle miles, seat 
miles, fleet or vehicle age, fleet size, population and population density, 
and such other factors as the Secretary considers necessary or appro-
priate to achieve such goals. The Secretary shall report to Congress 
the results of this study not later than January 1,1980, together with 
his recommendations for legislation. 
(b) The Secretary of Transportation, in consultation with the 
Administrator of the Environmental Protection Agency, shall prepare 
and submit to the Committee on Banking, Housing, and Urban Affairs 
and the Committee on Environment and Public Works of the Senate 
and the Committee on Public Works and Transportation and the 
Committee on Interior and Insular Affairs of the House of Represent-
atives, on or before January 1,1980, recommendations (including draft 
legislative proposals to accomplish such recommendations) as to 
ways and means by which Federal mass transit funds can be allocated 
on a basis which considers the nature and extent of air pollution as a 
criterion for the distribution of such funds. In formulating such rec-
ommendations, the Secretary (in consultation with the Administrator) 
shall consider and report back to such committees his findings with 
respect to, but not limited to, the following: 
(1) the most appropriate and feasible standards of air quality 
to be utilized as a criterion of air pollution, including, but not 
limited to, standards for ozone, carbon monoxide, nitrogen oxide, 
and hydrocarbons; 
(2) the most appropriate and reliable methods for measuring 
and monitoring the above air quality standards, including, but 
not limited to, measuring devices, placement of such devices, fre-
quency of readings, and other procedures relating to measuring 
air quality; 
(3) the most appropriate, feasible, and equitable manner 
in which air pollution measures can be adjusted to take into 
account seasonal, meteorological, and other variations so that 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2753 
air measures accurately reflect average air quality over a reason-
able period of time; 
(4) which Federal mass transit program funds should be allo-
cated on a basis utilizing air pollution as a criterion, including, 
but not limited to, programs under sections 3 and 5 of the Urban 
Mass Transportation Act of 1964; 
(5) the relative weight which such an air pollution criterion 
should be given for the purpose of allocating funds under the 
above Federal mass transit programs; and 
(6) alternative approaches to modifying criteria for allocating 
Federal mass transit funds which would assure that areas with 
extensive air pollution receive a proportionately greater amount 
of funds than areas with a lesser extent of air pollution. 
Ante, p. 2735, 
2739. 
WATERBORNE TRANSPORTATION DEMONSTRATION 
PROJECT 
SEC. 320. (a) The Secretary of Transportation shall carry out a 49 USC 1605 
demonstration project using high-speed water-borne transportation note, 
equipment and facilities and operating in, and in the vicinity of, New 
York, New York, for the purpose of determining the feasibility of 
utilizing this technology in providing certain public mass transpor-
tation service. The Secretary shall report to Congress the results of Report to 
such project no later than September 30, 1981, together with his rec- Congress, 
onmiendations. 
(b) There is authorized to be appropriated to carry out the provi- Appropriation 
sions of subsection (a) not to exceed $25,000,000. 
authorization. 
RAIL RETROFIT EVALUATION 
SEC. 321. (a) (1) Beginning in fiscal year 1979, the Secretary of 
Transportation shall provide Federal financial assistance under sec-
tion 8 of the Urban Mass Transportation Act of 1964 to operators 
of fixed-guideway public mass transportation systems for the pur-
pose of developing detailed estimates of the cost of making improve-
ments to existing fixed-guideway public mass transportation systems 
to make such systems accessible to and usable by handicapped persons. 
Not later than January 30, 1980, the Secretary shall compile the 
results of these evaluations and report to Congress the results, together 
with his recommendations for such legislation as may be necessary 
to finance the improvements set forth in the cost estimates. 
(2) In developing detailed estimates of the cost of improvements 
needed to make existing fixed-guideway public mass transportation 
systems accessible to and usable by handicapped persons, operators 
of such system shall provide comments on the desirability of the 
improvements, taking into account projected use of the improvements, 
the operational characteristics of the system, and such other factors as 
the operators may deem appropriate. Under rules set forth by the 
Secretary of Transportation, operators shall submit all such comments 
and cost estimates to organizations representing handicapped persons. 
Such organizations shall be afforded ninety days to submit comments 
to the Secretary. 
(3) Cost estimates developed with assistance under this section, to 
the extent they are not deemed unreasonable by the Secretary of 
Transportation, may serve as the basis for cost estimates in plans 
required by the Secretary for meeting the requirements of section 504 
of the Rehabilitation Act of 1973. 
Federal financial 
assistance. 
49 USC 1612 
note. 
Ante, p. 2743. 
Report and 
legislative 
recommendations 
to Congress. 
Cost estimates 
and comments. 
29 USC 794. 
92 STAT. 2754 
PUBLIC LAW 95-599—NOV. 6, 1978 
Report and 
legislative 
recommendations 
to Congress. 
(b) The Secretary of Transportation shall make an evaluation of 
the light-rail public mass transportation mode (including trolleys, 
streetcars, cablecars, and other fixed-guideway conveyances utilizing 
at-grade rights-of-way portions of which are shared with other street 
traffic) and the commuter rail public mass transportation mode to 
determine ways to make, and the desirability of making, such modes 
accessible to and usable by handicapped persons. The Secretary shall 
report to Congress the results of this evaluation not later than Janu-
ary 30, 1980, together with his recommendations for legislation neces-
sary to clarify or to change Federal laws or provisions pertaining to 
accessibility requirements affecting the light-rail and commuter rail 
modes. 
TERMINAL DEVELOPMENT PROGRAM 
SEC. 322. The Urban Mass Transportation Act of 1964 is amended 
by adding at the end thereof the following new section: 
ii, 
Grants, terms and 
conditions. 
49 use 1617. 
49 use 1603. 
Appropriation 
authorization. 
49 use 1602, 
1609. 
TERMINAL DEVELOPMENT PROGRAM 
"SEC. 21. (a) The Secretary is authorized, in accordance with this 
Act, and on such other terms and conditions as he may prescribe, to 
make grants to States and local bodies and agencies thereof to acquire, 
construct, or alter facilities (directly operated, operated through a 
lease, or otherwise) primarily for use in providing intercity bus serv-
ice and in coordinating such service with other modes of transporta-
tion. Eligible facilities include, but are not limited to, real property, 
bus terminals, intermodal terminals, and bus passenger loading areas 
(including shelters). No grants shall be provided under this section 
unless the Secretary determines the applicant has or will have (1) the 
legal, financial, and technical capacity to carry out the proposed 
project, and (2) satisfactory continuing control, through operation, 
lease, or otherwise, over the use of the facilities. 
" (b) No financial assistance shall be provided under this section to 
any State or local public body or agency thereof for the acquisition, 
construction, or alteration of eligible facilities unless the Secretary 
finds that fair and equitable arrangements have been made for the 
use of such facilities by privately owned bus companies. Assistance 
under this section shall encourage, to the maximum extent feasible, the 
participation of private enterprise and the use of the facilities assisted 
under this section by other modes of transportation. 
"(c) A grant for a project under this section shall be for 80 per 
centum of the net project cost determined in accordance with sexjtion 
4(a) of this Act. The remainder of the net project cost shall be pro-
vided, in cash, from sources other than Federal funds. 
"(d) There is authorized to be appropriated to carry out subsection 
(a) of this section $40,000,000 per fiscal year for each of the fiscal 
years ending September 30, 1979, September 30, 1980, September 30, 
1981, and September 30,1982. 
"(e) The provisions of sections 13(c) and 3(e) (4) of this Act shall 
apply in carrying out projects under this section.". 
INTERCITY BUS SERVICE 
SEC. 323. The Urban Mass Transportation Act of 1964 is amended 
by adding at the end thereof the following new section: 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2755 
a 
INTERCITY BUS SERVICE 
"SEC. 22. (a) The Secretary is authorized to make grants for the Grants, 
initiation, improvement, or continuation of intercity bus service for 49 USC 1618. 
residents of rural areas and residents of urban places designated by 
the Bureau of the Census as having a population of five thousand 
or more which are not within an urbanized area as defined in section 
12 of this Act, As used in this subsection and subsection (b) of this Definition, 
section, the term 'intercity bus service' means transportation provided 
to the public as a private bus operator authorized to transport pas-
sengers in interstate commerce by the Interstate Commerce Commis-
sion or in intrastate commerce by a State regulatory commission or 
comparable State agency (1) between one urban place as designated 
under this subsection and another such urban place, (2) between an 
urban place designated in accordance with this subsection and an 
urbanized area, or (3) between one urbanized area and another urban-
ized area, through rural areas or urban places, or both. Such term 
does not include local service. 
"(b) Grants for the initiation, improvement, or continuation of 
intercity bus service under subsection (a) of this section shall be made 
only to States and local public bodies and agencies thereof, only for 
payment of operating expenses incurred in furnishing such intercity 
bus service, and shall not exceed 50 per centum of the net cost of such 
an operating expense project. The remainder of such cost shall be 
provided in cash from sources other than Federal funds and other 
than revenues from the operation of such intercity bus service. Such 
grants shall be subject to such other terms, conditions, and require-
ments as the Secretary may deem necessary to promote the initiation, 
improvement, or continuation of privately owned and operated inter-
city bus service. To the maximum extent feasible assistance shall be 
distributed by the Secretary only for privately owned intercity bus 
companies to subsidize deficit operations considering the profitability 
of the route as a whole. The determination of profitability shall 
include all income generated by the route and only direct costs of the 
operation of the route. In making any such grant, preference shall be 
given to a private bus operator who lawfully has provided intercity 
bus service to a rural area or urban place during the one-year period 
preceding the date of application for such a grant over routes or 
within the general area for which financial assistance is to be pro-
vided, over any other operator to provide such service in such area 
or place. 
" (c) There is authorized to be appropriated to carry out subsections Appropriation 
(a) and (b) of this section not to exceed $30,000,000 per fiscal year authorization, 
for each of the fiscal years ending September 30, 1979, September 30, 
1980, September 30,1981, and September 30,1982. 
"(d) The Secretary shall, in cooperation with States, local public Evaluation, 
bodies, and intercitjr bus carriers, make an evaluation of the needs 
of the intercity bus industry for public subsidy of expenses incurred 
in the provision of intercity bus service as it serves local transpor-
tation needs in areas other than urbanized areas. The Secretary shall. Report and 
not later than September 30, 1979, report to Congress the results legislative 
of this evaluation together with his recommendations for necessary recommendations 
legislation. 
to Congress. 
"(e) The provisions of section 13(c) and 3(e) (4) of this Act shall 49 USC 1602, 
apply in carrying out projects under this section.". 
1609. 
92 STAT. 2756 
PUBLIC LAW 95-599—NOV. 6, 1978 
TITLE IV 
BUY AMERICA 
49 use 1602 
SEC. 401. (a) Notwithstanding any other provision of law, the Sec-
note, 
retary of Transportation shall not obligate any funds authorized to 
be appropriated by this Act or by any Act amended by this Act and 
administered by the Department of Transportation, whose total cost 
exceeds $500,000 unless only such unmanufactured articles, materials, 
and supplies as have been mined or produced in the United States, and 
only such manufactured articles, materials, and supplies as have been 
manufactured in the United States substantially all from articles, 
materials, and supplies mined, produced, or manufactured, as the case 
may be, in the United States, will be used in such project. 
Exceptions. 
(b) The provisions of subsection (a) of this section shall not apply 
where the Secretary determines— 
(1) their application would be inconsistent with the public 
interest; 
(2) in the case of acquisition of rolling stock their application 
would result in unreasonable cost (after granting appropriate 
price adjustments to domestic products based on that portion of 
project cost likely to be returned to the United States and to the 
States in the form of tax revenues; 
(3) supplies of the class or kind to be used in the manufacture 
of articles, materials, supplies that are not mined, produced, or 
manufactured in the United States in sufficient and reasonably 
available quantities and of a satisfactory quality; or 
(4) that inclusion of domestic material will increase the cost 
of the overall project contract by more than 10 per centum. 
TITLE V—HIGHWAY REVENUE ACT OF 1978 
23 use 101 note. SEC. 501. SHORT TITLE. 
This title may be cited as the "Highway Revenue Act of 1978". 
SEC. 502. 5-YEAR EXTENSION OF THE TAXES WHICH ARE TRANS-
FERRED INTO THE HIGHWAY TRUST FUND. 
(a) 
GENERAL RULE.—-The following provisions of the Internal 
Revenue Code of 1954 are amended by striking out "1979" each place 
it appears and inserting in lieu thereof "1984": 
26 use 4041. 
(1) Section 4041(e) (relatingto rate reduction). 
26 use 4061. 
(2) Section 4061 (a) (1) (relating to imposition of tax on trucks, 
buses, etc.). 
(3) Section 4061(b) (1) (relating to imposition of tax on parts 
and accessories). 
26 use 4071. 
i'^) Section 4071(d) (relating to imposition of tax on tires and 
tubes). 
26 use 4081. 
(5) Section 4081 (b) (relating to imposition of tax on gasoline). 
26 use 4481. 
(6) Section 4481(a) (relating to imposition of tax on use of 
highway motor vehicles). 
(7) Section 4481(e) (relating to period tax in effect). 
26 use 4482. 
(8) Section 4482 (c) (4) (defining taxable period). 
26 use 6156. 
(9) Section 6156(e) (2) (relating to installment payments of 
tax on use of highway motor vehicles). 
26 use 6421. 
(10) Section 6421(h) (relating to tax on gasoline used for 
certain nonhighway purposes or by local transit systems). 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2757 
26 use 4041. 
26 use 6412. 
16USe460/-ll. 
(b) AMENDMENT or SECTION 4041(C)(3).—Paragraph (3) of sec-
tion 4041(c) of such Code (relating to rate of tax) is amended to read 
as follows: 
"(3) KATE OF TAX.—The rate of tax imposed by paragraph (2) 
is 3 cents a gallon." 
(c) AMENDMENT OF SECTION 6412(a)(1).—Section 6412(a)(1) 
of such Code (relating to floor stocks refunds) is amended— ^ 
(1) by striking out "1979" each place it appears and inserting 
in lieu thereof "1984"; and 
(2) by striking out "1980" each place it appears and inserting 
in lieu thereof "1985". 
SEC. 503. 5-YEAR EXTENSION OF fflGHWAY TRUST FUND. 
(a) HIGHWAY TRUST FUND.—Subsections (c), (e)(1), and (f) 
of section 209 of the Highway Revenue Act of 1966 (relating to the 
Highway Trust Fund; 23 U.S.C. 120 note) are amended— 
(i) by striking out "1979" each place it appears and inserting 
in lieu thereof "1984"; and 
(2) by striking out "1980" each place it appears and inserting 
in lieu thereof "1985". 
(b) CONFORMING AMENDMENTS TO LAND AND WATER CONSERVATION 
FUND.—Subsection (b) of section 201 of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 4601-11) is amended. 
(1) by striking out "1979" and inserting in lieu thereof "1984"; 
and 
(2) by striking out "1980" each place it appears and inserting 
in lieu thereof "1985". 
SEC. 504. BYRD AMENDMENT MADE APPLICABLE TO ALL APPORTION-
MENTS. 
(a) GENERAL RULE.—Subsection (g) of section 209 of the Highway 23 USe 120 note. 
Revenue Act of 1956 is amended to read as follows: 
'(g) ADJUSTMENTS OF APPORTIONMENTS.— 
" (1) ESTIMATES OF AMOUNT AVAILABLE FOR EXPENDITURE.—The Consultation. 
Secretary of the Treasury shall from time to time, after consulta-
tion with the Secretary of Transportation, estimate the amounts 
which will be available in the Trust Fund (excluding repayable 
advances) to defray the expenditures which will be required to 
be made from the Trust Fund. 
" (2) INITIAL PROCEDURE WHERE THERE IS SHORTFALL.—If the Sec-
retary of the Treasury determines that, after all other expenditures 
required to be made from the Trust Fund have been defrayed, the 
amounts which will be available in the Trust Fund (excluding 
repayable advances) will be insufficient to defray the expendi-
tures which will be required as a result of the apportionment to 
the States of the amounts authorized to be appropriated from the 
Trust Fund for any fiscal year— 
"(A) he shall so advise the Secretary of Transportation, Advisement, 
and 
"(B) he shall further advise the Secretary of Transporta-
tion as to the amount which, after all other expenditures 
required to be made from the Trust Fund have been defrayed, 
will be available in the Trust Fund (excluding repayable 
advances) to defray the expenditures required as a result of 
the apportionment to the States for such fiscal year. 
"(3) DETERMINATION OF PERCENTAGE.—The Secretary of Trans-
portation shall determine the percentage which the amount 
92 STAT. 2758 
PUBLIC LAW 95-599—NOV. 6, 1978 
referred to in paragraph (2) (B) is of the amount authorized to 
be appropriated from the Trust Fund for such fiscal year for 
apportionment to the States. 
"(4) 
ADJUSTMENT or APPORTIONMENTS.—Notwithstanding any 
other provision of law, the Secretary of Transportation shall 
(after determining a percentage for a fiscal year under paragraph 
(3)) apportion to the States for such fiscal year (in lieu of the 
amount which but for the provisions of this subsection would be 
so apportioned) the amount obtained by multiplying the amount 
authorized to be appropriated for such fiscal year by such 
percentage. 
"(5) 
APPORTIONMENT or AMOUNTS PREVIOUSLY WITHHELD FROM 
APPORTIONMENT.—Whenever the Secretary of the Treasury deter-
, mines that there will be available in the Trust Fund (excluding 
repayable advances) amounts which, after all other expenditures 
sp required to be made from the Trust Fund have been defrayed, 
will be available to defray the expenditures required as a result 
of the apportionment of funds previously withheld from appor-
tionment for any fiscal year, he shall so advise the Secretary of 
Transportation. The Secretary of Transportation shall apportion 
to the States such portion of the funds so withheld from appor-
tionment as the Secretary of the Treasury has advised him may 
be so apportioned without causing expenditures from the Trust 
Fund to exceed amounts available in the Trust Fund (excluding 
. repayable advances) to defray such expenditures. Any funds 
apportioned pursuant to the preceding sentence shall remain avail-
, able for the period for which they would be available if such 
" 
apportionment took effect with the fiscal year in which they are 
apportioned pursuant to the preceding sentence." 
23 use 120 note. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall 
apply to fiscal years beginning after September 30,1978. 
V 
SEC. 5
0
5
. 
CREDIT 
OR REFUND FOR CERTAIN TAXICABS OF EXCISE 
TAXES 
ON 
GASOLINE 
AND 
OTHER 
MOTOR 
FUELS. 
(a) GENERAL RULE.—Section 6427 of the Internal Revenue Code 
26 use 6427. 
of 1954 (relating to fuels not used for taxable purposes) is amended— 
(1) by redesignating subsections (e), (f), (g), (h), and (i) 
as subsections (f), (g), (h), (i), and (j), respectively; and 
(2) by inserting after subsection (d) the following new 
subsection: 
"(e) USE IN CERTAIN TAXICABS.— 
Payment. 
"(1) I N GENERAL.—Except as provided in subsection (h), if— 
"(A) any gasoline on which tax is imposed by section 
26 use 4081. 
4081, or 
"(B) any fuel on the sale of which tax is imposed by sec-
26 use 4041. 
tion4041, 
. 
, 
. 
. 
is used in a qualified taxicab while engaged exclusively in fur-
nishing qualified taxicab services, the Secretary shall pay (with-
out interest) to the ultimate purchaser of such gasoline or fuel 
an amount equal to the aggregate amount of the tax imposed on 
such gasoline or fuel. 
" (2) DEFINITIONS.—For purposes of this subsection— 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2759 
" ( A ) 
QUALIFIED TAXICAB SERVICES.—The term 'qualified 
taxicab services' means the furnishing of nonscheduled pas-
senger land transportation for a fixed fare by a taxicab 
which is operated by a person who— 
"(i) is licensed to engage in the trade or business of 
furnishing such transportation by a Federal, State, or 
local authority having jurisdiction over a substantial 
portion of such transportation furnished by such per-
son, and 
"(ii) is not prohibited under the laws, regulations, 
or procedures of such Federal, State, or local authority, 
and is not prohibited by company policy, from furnish-
ing 
(with 
consent 
of 
the 
passengers) 
shared 
transportation. 
" ( B ) 
QUALIFIED TAXICAB.—Except as provided by sub-
paragraph (C), the term 'qualified taxicab' means any land 
vehicle the passenger capacity of which is less than 10 adults, 
including the driver. 
" ( C ) CERTAIN GAS-GUZZLING TAXICABS EXCLUDED.—The term 
'qualified taxicab' does not include any vehicle if— 
" (i) such vehicle was acquired by the person operating 
such vehicle after 1978, 
" (ii) the model year of such vehicle is 1978 or later, and 
^ 
"(iii) the fuel economy of the model type of such 
vehicle is less than or equal to the average fuel economy 
standard applicable under section 502(a) of the Motor 
Vehicle Information and Cost Savings Act to the model 15 USC 2002. 
year of such vehicle. 
The preceding sentence shall not apply to any vehicle manu-
factured by a manufacturer to which an exemption under 
section 502(c) of the Motor Vehicle Information and Cost 
Savings Act was granted (or on application could have been 
granted) for the model year of such vehicle. Terms used in 
this subparagraph shall have the same meaning as when used 
in title V of the Motor Vehicle Information and Cost Savings 
Act. 
15 use 2001. 
"(3) TERMINATION.—This subsection shall not apply 
after 
December 31,1980." 
(b) REFUND ALLOWED W H E R E $50 OR MORE PAYABLE TOR CALENDAR 
QUARTER.—Subsection (f) (2) of section 6427 of such Code (as redesig-
nated by subsection (a)) is amended to read as follows: 
26 USC 6427. 
"(2) EXCEPTIONS.— 
" ( A ) 
I N GENERAL. 
If— 
"(i) $1,000 or more is payable under subsections (a), 
(b), (d), and (e), or 
" (ii) $50 or more is payable under subsection (e), 
to any person with respect to fuel used during any of the 
first three quarters of his taxable year, a claim may be filed 
under this section by the purchaser with respect to fuel used 
during such quarter. 
" (B) SPECIAL RULE.—If a claim may be filed by any person 
under subparagraph (A) (ii) but not under subparagraph 
(A) (i) for any quarter, such person may file a claim under 
92 STAT. 2760 
PUBLIC LAW 95-599—NOV. 6, 1978 
subparagraph (A) for such quarter only with respect to 
amounts payable under subsection (e). 
"(C) TIME FOR FILING CLAIM.—No claim filed under this 
paragraph shall be allowed unless filed on or before the last 
day of the first quarter following the quarter for which the 
claim is filed." 
(c) TECHNICAL AMENDMENTS.— 
26 use 39. 
(1) Subsections (a) (4) and (b) of section 39 of such Code are 
each amended by striking out "6427(g)" and inserting in lieu 
thereof "6427(h)". 
(2) Subsections (a), (b)(1), (c), and (d) of section 6427 of 
26 use 6427. 
such Code are each amended by striking out "(g)" and inserting 
in lieu thereof " (h)". 
(3) Subsection (f) (1) of such section 6427 (as redesignated 
by subsection (a)) is amended by striking out "(a), (b), (c), or 
(d)" and inserting in lieu thereof "(a), (b), (c), (d), or (e)". 
(4) Subsection (h)(2) of such section 6427 (as redesignated 
by subsection (a)) is amended by striking out "(e)(2)" and 
inserting in lieu thereof "(f) (2)". 
26 use 7210, 
(5) Sections 7210, 7603, 7604(b), and 7605(a) of such Code 
7603,7604, 
are each amended by striking out "6427(f)(2)" each place it 
7605. 
appears and inserting in lieu thereof "6427 (g) (2)". 
26 use 7609, 
(6) Sections 7604(c) (2), 7609(c) (1), and 7610(c) of such Code 
•^^lO. 
ai-e each amended by striking out "6427(e) (2)" and inserting in 
lieu thereof "6427 (g) (2)". 
26 use 6427 
(d) EFFECTIVE DATE.—The amendments made by this section shall 
note. 
take effect on January 1,1979. 
23 use 307 note. SEC. 506. REQUIREMENT FOR A COST ALLOCATION STUDY. 
(a) STUDY DIRECTED.—The Secretary of Transportation is hereby 
authorized and directed, in cooperation with the State highway depart-
ments, to undertake a full and complete investigation and study of— 
(1) the costs occasioned in design, construction, rehabilitation, 
and maintenance of Federal-aid highways by the use of vehicles 
of different dimensions, weights, and other specifications, and by 
• 
the frequency of such vehicles in the traffic stream; 
(2) the proportionate share of such design, construction, reha-
bilitation, and maintenance costs attributable to each class of 
persons and vehicles using such highways; and 
(3) the need for long-term or continuous monitoring of roadway 
deterioration to determine the relative damage attributable to 
traffic and environmental factors. 
(b) EVALUATION BY CONGRESSIONAL BUDGET OFFICE.—To assist the 
Secretary of Transportation in the conduct of the investigation and 
study authorized and directed by subsection (a) of this section, the 
Congressional Budget Office is hereby authorized and directed to make 
an evaluation of— 
(1) the procedures to be employed in determining the equitable 
allocation of highway costs; 
(2) the information to be collected to apply the procedures iden-
tified pursuant to paragraph (1); 
(3) any special studies essential to the conduct of the investi-
gation which can be identified and completed within the deadlines 
establ ished by this section; and 
PUBLIC LAW 95-599—NOV. 6, 1978 
92 STAT. 2761 
(4) the procedures to be employed to ensure a continuing equi-
table allocation of highway costs after study termination. 
The Congressional Budget Office shall report its findings to the Con-
gress and to the Secretary of Transportation within ninety days after 
the date of the enactment of this section. These findings shall be 
employed by the Secretary as guidelines in the design of the investiga-
tion and study authorized and directed by subsection (a) of this section, 
(c) REPORTS.— 
(1) Within one hundred and eighty days after the date of the 
enactment of this section, the Secretary of Transportation shall 
report to the Congress on a plan for the investigation and study. 
Such plan shall include, but not be limited to, the data to be 
gathered; the sources of such data; the method to be used to 
allocate costs; the method to be used to attribute revenues; the 
criteria to be employed in arriving at an equitable distribution of 
the tax burden; the agency or agencies responsible for perform-
ance and review of the study; a projected schedule for study per-
formance ; and the estimated costs of the study. 
(2) On or before January 15, 1980, and January 15, 1981, the 
Secretary of Transportation shall report to the Congress the 
progress which has been made in carrying out the study and 
investigation required by this section. Such progress reports shall 
include, but not be limited to, a discussion of any changes from 
the study plan as submitted under provisions of this section and of 
preliminary findings of the investigation. 
(3) The Secretary shall report to the Congress the findings and 
recommendations of the study no later than January 15, 1982. 
Such recommendations shall include any alternative tax structures 
which the Secretary believes would more nearly achieve an equi-
table distribution of the tax burden among classes of persons and 
vehicles using Federal-aid highways, and the projected impact of 
such structures on affected industries and other users. 
SEC. 507. STUDY OF EXISTING HIGHWAY EXCISE TAX STRUCTURE 
AND OF POSSIBLE ALTERNATIVES TO SUCH EXISTING 
STRUCTURE. 
(a) I N GENERAL.—The Secretary of the Treasury, in consultation 
with the Secretary of Transportation and the staff of the Joint Com-
mittee on Taxation, shall— 
(1) review and analyze each excise tax now dedicated to the 
Highway Trust Fund with respect to such factors as ease or 
difficulty of administration of such tax and the compliance bur-
dens imposed on taxpayers by such tax, and 
(2) on or before April 15, 1982, report to the Committee on 
Ways and Means of the House of Representatives and the Com-
mittee on Finance of the Senate as to the matters set forth in 
paragraph (1) and other findings, as well as recommendations 
on— 
(A) 
improvements in excise taxation which would 
ennance tax administration, equity, and compliance, or 
(B) a new system of raising revenues to fund the High-
way Trust Fund which would meet the objectives set forth 
in subparagraph (A). 
Report to 
Congress and 
Transportation 
Secretary. 
Submittals to 
Congress. 
23 use 120 note. 
Consultation. 
Report to 
congressional 
committees. 
39-194 O—80—pt. 3 
9 : QL3 
92 STAT. 2762 
PUBLIC LAW 95-599—NOV. 6, 1978 
The recommendations described in paragraph (2) shall be formu-
lated in conjunction with the recommendations of the cost allocation 
study under section 506 of the equitable distribution of the highway 
excise taxes. 
Consultation and 
(b) INTERIM REPORTS.—The Secretary of the Treasury, in consul-
filing with 
tation with the Secretary of Transportation and the staff of the 
congressional 
Joint Committee on Taxation, shall file an interim report with the 
committees. 
Committee on Ways and Means of the House of Representatives and 
the Committee on Finance of the Senate on or before April 15, 1980, 
and a second interim report on or before April 15,1981. 
Approved November 6, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1485 (Comm. on Public Works and Transportation) and No. 
95-1797 (Comm. of Conference). 
SENATE REPORT: No. 95-833 accompanying S. 3073 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Aug. 18, 21, 28, S. 3073 considered in Senate. 
Sept. 15, 21, 22, 27, 28, considered and passed House. 
, 
Oct. 3, considered and passed Senate, amended, in lieu of S. 3073. 
Oct. 15, Senate and House agreed to conference report.