A bill to amend title 23 of the United States Code, the Surface Transportation Assistance Act of 1978, and for other purposes.
PL 96-106 (H.R.4249), enacted 11/09/1979

93 STAT. 796 
PUBLIC LAW 96-106—NOV. 9, 1979 
Public Law 96-106 
96th Congress 
An Act 
Nov. 9, 1979 
[H.R. 4249] 
Surface 
Transportation 
Assistance Act 
of 1978, 
amendment. 
23 u s e 139. 
92 Stat. 2695. 
Repeal. 
23 u s e 103 note. 
92 Stat. 2694. 
Interstate 
System. 
42 u s e 4321 
note. 
To amend title 23 of the United States eode, the Surface Transportation Assistance 
Act of 1978, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America 
in Congress assembled, That section 
103(e)(4) of title 23, United States Code, is amended by adding at the 
end thereof the following new sentence: "The preceding sentence 
shall not apply to a designation made under section 139 of this title.". 
SEC. 2. (a) Section 103(e)(5) of title 23, United States Code, is 
amended by striking out "(5) Notwithstanding any other provision of 
law—" and inserting in lieu thereof "(5) Notwithstanding any other 
provision of law, in the case of any withdrawal of approval before 
November 6,1978—". 
(b) Paragraph (2) of section 107(JD of the Federal-Aid Highway Act of 
1978 (Public Law 95-599) is hereby repealed. 
(c) Paragraph (6) of section 103(e) of title 23, United States Code, is 
renumbered as paragraph (8), and paragraph (7) of such section is 
renumbered as paragraph (9), including any references thereto, and 
such section 103(e) is further amended by inserting immediately after 
paragraph (5) the following new paragraphs: 
"(6) Notwithstanding any other provision of law— 
"(A) in the case of any withdrawal of approval on or after 
November 6,1978, of a route or portion thereof on the Interstate 
System, a State, subject to the approval of the Secretary, shall 
not be required to refund to the Highway Trust Fund any sums 
paid to the State for intangible costs; 
"(B) in the case of any withdrawal of approval on or after 
November 6, 1978, of any route or portion thereof on the 
Interstate System under this section, a State shall not be re-
quired to refund to the Highway Trust Fund the costs of con-
struction items, materials, or rights-of-way of the withdrawn 
route or portion thereof if such items, materials, and rights-of-
way were acquired before November 6, 1978, if by the date of 
withdrawal of approval the Secretary has not approved the 
environmental impact statement required by the National Envi-
ronmental Policy Act of 1969, and if such construction items, 
materials, or rights-of-way will be or have been applied (i) to a 
transportation project permissible under this title, (ii) to a public 
conservation or public recreation purpose, or (iii) to any other 
public purpose determined by the Secretary to be in the public 
interest on condition that the State gives assurances satisfactory 
to the Secretary that such construction items, materials, or 
rights-of-way have been or will be so applied by the State, or any 
political subdivision thereof, to a project under clause (i), (ii), or 
(iii) within ten years from the date of withdrawal of approval; 
"(7) In any case where a withdrawal of approval of a route or 
portion thereof on the Interstate System on or after November 6, 
1978, does not come within the provisions of paragraph (6)(B) of this 
subsection, the State shall refund to the Highway Trust Fund the 
PUBLIC LAW 96-106—NOV. 9, 1979 
93 STAT. 797 
costs of construction items, materials, and rights-of-way of the with-
drawn route or portion thereof, except that if the State gives 
assurances satisfactory to the Secretary that such items, materials, 
and rights-of-way have been or will be applied to a transportation 
project permissible under this title within ten years from the date of 
withdrawal of approval, the amount of such repayment shall be the 
difference between the amount received for such items, materials, 
and rights-of-way and the amount which would be received in 
accordance with the current Federal share applicable to the transpor-
tation project to which such items, materials, and rights-of-way were 
or are to be applied; and". 
SEC. 3. Section 109(1)(1)(A) of title 23, United States Code, is 92 Stat. 2696. 
amended by striking out "any aspect of. 
SEC. 4. Clauses (1) and (2) of subsection (b) of section 115 of title 23, 
United States Code, are redesignated as (A) and (B), respectively, 
including any references thereto. Such subsection (b) is further 
amended by inserting "(1)" immediately after "(b)" and by adding at 
the end thereof the following new paragraph: 
"(2) For any project under construction on January 1,1978, on the 
Interstate System and converted to a regularly funded project after 
January 1,1978, for which the proceeds of bonds issued by the State, 
county, city, or other political subdivision of the State were used, any 
interest earned and payable on such bonds by the date of conversion 
is an eligible cost of construction, to the extent that the proceeds of 
such bonds have actually been expended in the construction of such 
projects.". 
SEC. 5. (a) The fifth sentence of section 118(b) of title 23, United 
States Code, is amended to read as follows: "Any amount apportioned 
to the States for the Interstate System under subsection (b)(5)(B) of 
section 104 of this title shall continue to be available for expenditure 23 use 104. 
in that State for a period of two years after the close of the fiscal year 
for which such sums are authorized and any amounts so apportioned 
remaining unexpended at the end of such period shall lapse.". 
(b) The amendment made by subsection (a) of this section shall 23 use 118 n
o
t
<
5
. 
apply to all amounts apportioned under section 104(b)(5)(B) of title 23, 
United States Code, for the fiscal year 1978 and for subsequent fiscal 92 Stat. 2699. 
years. 
SEC. 6. Section 131(c)(5) of title 23, United States Code, is amended 92 Stat. 2700. 
by striking out "distribution of and inserting in lieu thereof "distri-
bution by'. 
SEC. 7. (a) The first sentence of section 144(d) of title 23, United 
States Code, is amended by striking out "or rehabilitating such bridge 92 Stat. 2702. 
with a comparable facility" and inserting in lieu thereof "such bridge 
with a comparable facility or in rehabilitating such bridge". 
(b) Section 144(m) of title 23, United States Code, is amended by 
striking out "major repairs" and inserting in lieu thereof "major 
work". 
SEC. 8. (a) The third sentence of subsection (g) of section 144 of title 
23, United States Code, is amended by striking out the period at the 92 Stat. 2702. 
end thereof and inserting in lieu thereof a comma and the following: 
"and for any project for a highway bridge the replacement or 
rehabilitation costs of which is less than $10,000,000 if such cost is at 
least twice the amount apportioned to the State in which such bridge 
is located under subsection (e) of this section for the fiscal year in 
which application is made for a grant for such bridge.". 
(b) Notwithstanding any other provision of law discretionary bridge 23 use 1
4
4 note, 
funds authorized under section 144(g) of title 23, United States Code, 
for fiscal year 1980 may be transferred to a State's apportionment 
under section 104(b)(6) of title 23, United States Code, to repay funds 
93 STAT. 798 
PUBLIC LAW 96-106—NOV. 9, 1979 
obligated under section 104(b)(6) of title 23, United States Code, 
between June 1 and July 31, 1979, for bridge projects which are 
eligible for funding by virtue of the amendment in subsection (a) of 
this section. 
SEC. 9. Section 215(f) of title 23, United States Code, is amended by 
striking out "chapters 1 and 5" and inserting in lieu thereof "chapter 
1". 
SEC. 10. (a) The last sentence of section 219(c> of title 23, United 
92 Stat. 2723. 
States Code, is amended by striking out "construction" and inserting 
in lieu thereof "improvement". 
92 Stat. 2722. 
(b) Subsection (g) of section 152 of title 23, United States Code, is 
amended by striking out "September 30" and inserting in lieu thereof 
"December 30", and by striking out "January 1" and inserting in lieu 
thereof "April 1". 
SEC. 11. Section 321(b) of title 23, United States Code, is amended by 
striking out "paragraphs (1), (2), (3)" and inserting in lieu thereof 
"paragraphs (1), (2)," and by striking out "70 per centum" and 
inserting in lieu thereof "75 per centum . 
Repeal. 
SEC. 12. Subsection (e) of section 123 of the Federal-Aid Highway 
92 Stet. 2701. 
Act of 1978 (Public Law 95-599) is hereby repealed. 
16 ubo 141 note. 
g^^ ^3 ^^^ Subsoction (a) of section 143 of the Federal-Aid Highway 
92 Stat. 2712. 
Act of 1978 (Public Law 95-599) is amended (1) by striking out 
"section 129" and inserting in lieu thereof "sections 129 and 301", (2) 
by inserting "for 1-88 traffic" immediately after "are free of tolls" 
each of the two places it appears, and (3) by inserting "and recon-
struction" immediately after "construction". 
(b) Subsection (b) of such section 143 is amended to read as follows: 
"(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 between exits 24 and 25 V
2 on 
condition that all lanes on 1-90 between exits 24 and 26 are free of 
tolls for 1-88 traffic". 
SEC. 14. Section 144 of the Federal-Aid Highway Act of 1978 (Public 
92 Stat. 2713. 
Law 95-599) is amended by adding at the end thereof the following 
23 use 109 note, new subsection: 
"(d) This section shall not apply to the Commonwealth of Puerto 
Rico.". 
SEC. 15. Section 147 of the Federal-Aid Highway Act of 1978 (Public 
92 Ste^. 2714. 
Liaw 95-599) is amended by inserting immediately after the fourth 
23 use 1
4
4 note, ggntence of such section the following new sentence: "Such additional 
funds as may be necessary to complete the projects shall be set aside 
for such purpose from the amount authorized for the fiscal year 
ending September 30, 1981, by section 202(6) of the Highway Safety 
92 Stat. 2727. 
Act of 1978, before any apportionment of such amount under section 
144(e) of title 23, United States Code, and such funds shall be 
available for obligation in the same memner and to the same extent as 
funds set aside under authority of 
the preceding sentence.". 
SEC. 16. (a) The first sentence of section 164 of the Federal-Aid 
92 Stat. 2721. 
Highway Act of 1978 (Public Law 95-599) is amended by striking out 
23USC129note. 
"toU". 
J 
o 
G
>
) The second sentence of such section 164 is amended by striking 
out "portions which remain free to public travel." and inserting in 
lieu thereof "those portions which have not been incorporated into 
the Interstate System; and also determine a method of allocating 
bonded indebtedness between those portions of the Interstate System 
on which tolls are collected and those portions which are toll free.". 
(c) The third sentence of such section 164 is amended by striking 
out "recommended" and inserting in lieu thereof "recommend . 
PUBLIC LAW 96-106—NOV. 9, 1979 
93 STAT. 799 
SEC. 17. (a) Section 5(aX2XA) of the Urban Mass Transportation Act 
of 1964 is amended by striking out "subparagraph (C)" and inserting 92 Stet. 2739. 
in lieu thereof "subparagraph (B)". 
^^ use 1604. 
(b) The last subparagraph of paragraph (2) of subsection (a) of 
section 5 of the Urban Mass Transportation Act of 1964 is amended 
by striking out "(C)" and inserting in lieu thereof "(B)". 
(c) The last sentence of section 5(aX3XA) of the Urban Mass 
Transportation Act of 1964 is amended by striking out "capital" and 
inserting in lieu thereof "construction". 
(d) The third sentence of section 5(aX4XA) of the Urban Mass 
Transportation Act of 1964 is amended by striking out "in the 
construction of bus-related facilities", and inserting in lieu thereof 
"and the construction of bus-related facilities". 
SEC. 18. Section 119(b) of title 23, United States Code, is amended by 92 Stat. 2698. 
deleting the date "October 1st" in the second sentence and inserting 
in lieu thereof the date "January 1st", and by deleting "funds 
apportioned to such State for that fiscal year" in the third sentence 
and inserting in lieu thereof "next apportionment of funds to such 
State". 
SEC. 19. Section 125(b) of title 23, United States Code, is amended by 
inserting at the end of the first sentence the following new sentence: 
"Notwithstanding any provision of this chapter actual and necessary 
costs of maintenance and operation of ferryboats providing tempo-
rary substitute highway traffic service, less the amount of fares 
charged, may be expended from the emergency fund herein author-
ized on the Federal-aid highway systems, including the Interstate 
System.". 
SEC. 20. (a) Section 170(b) of the Surface Transportation Act of 1978 92 Ste^. 2724. 
is £unended by striking "one year" and inserting in lieu thereof 
^ 
^ 
"eighteen months". 
''°^-
(b) Section 170(1) is Eimended to read as follows: 
Appropriation 
"(1) There is hereby authorized to be appropriated, to remain authorization, 
available until expended, to the Commission not to exceed 
$3,000,000 to carry out the purposes of this section.". 
SEC. 21. Section 161(f) of the Federal-Aid Highway Act of 1973, 
Public Law 93-87, is amended by inserting after "managed" the 87 Stat. 279. 
following: "and maintained". 
SEC. 22. (a) Section 204(h) of the Uranium Mill Tailings Radiation 
Control Act of 1978 is amended by adding at the end thereof the 92 Stat. 306. 
following new paragraph: 
^^te ^
*
^ ^^^^ 
"(3) Notwithstanding any other provision of this title, where a ^ 
State assumes or has assumed, pursuant to an agreement entered 
mto under section 274 b. of the Atomic Energy Act of 1954, authority 42 use 2021. 
over any activity which results in the production of byproduct 
material, as defined in section l i e . (2) of such Act, the Commission 92 Stat. 3033. 
shall not, until the end of the three-year period beginning on the date ^2 use 2014. 
of the enactment of this Act, have licensing authority over such 
bjrproduct material produced in any activity covered by such agree-
ment, unless the agreement is termmated, suspended, or amended to 
provide for such Federal licensing. If, at the end of such three-year 
period, a State has not entered into such an agreement with respect 
to byproduct material, as defined in section 11 e. (2) of the Atomic 
Energy Act of 1954, the Commission shall have authority over such 
'-•'•• *••-' 
byproduct material.". 
(D) Section 204(hXl) of the Uranium Mill Tailings Radiation Control 
Act of 1978 is amended to read as follows: 
"(hXD During the three-year period beginning on the date of the 
enactment of this Act, notwithstanding any other provision of this 
title, any State may exercise any authority under State law (includ-
42 use 2014. 
42 use 2021. 
93 STAT. 800 
PUBLIC LAW 96-106—NOV. 9, 1979 
ing authority exercised pursuant to an agreement entered into 
42 use 2021. 
pursuant to section 274 of the Atomic Energy Act of 1954) respecting 
(A) b5T)roduct material, as defined in section l i e . (2) of the Atomic 
^2 Stat. 3033. 
Energy Act of 1954, or (B) any activity which results in the production 
of b3T)roduct material as so defined, in the same manner and to the 
same extent as permitted before the date of the enactment of this Act, 
except that such State authority shall be exercised in a manner 
which, to the extent practicable, is consistent with the requirements 
of section 274 o. of the Atomic Energy Act of 1954 (as added by section 
?? ?
T
^
n fnlf • 
204(e) of this Act). The Commission shall have the authority to ensure 
that such section 274 o. is implemented by any such State to the 
extent practicable during the three-year period beginning on the date 
of the enactment of this Act. Nothing in this section shall be 
construed to preclude the Commission or the Administrator of the 
Environmental Protection Agency from taking such action under 
9
2 Stat. 3039. 
section 275 of the Atomic Energy Act of 1954 as may be necessary to 
42 use 79??' 
implement title I of this Act.". 
92 Stet. 3033 
^^^ '^^ ^^^ sentence of section 83 a. of the Atomic Energy Act of 
42 use 2113. 
1954 is amended to read as follows: "Any license which is in effect on 
the effective date of this section and which is subsequently termi-
nated without renewal shall comply with paragraphs (1) and (2) upon 
termination.", 
(d) Section 204(e) of the Uranium Mill Tailings Radiation Control 
92 Stat. 3037. 
Act of 1978 is amended by adding after paragraph (1) the following 
42 use 2021 
jjg^ paragraph: 
^° ^' 
"(2) The provisions of the amendment made by paragraph (1) of this 
subsection (which adds a new subsection o. to section 274 of the 
Atomic Energy Act of 1954) shall apply only to the maximum extent 
practicable during the three-year period beginning on the date of the 
enactment of this Act." 
92 Stat. 3033. 
(e) Section 83a»)(l)(A) of the Atomic Energy Act of 1954 is 
42 use 2113. 
amended— 
(1) by striking all that follows "transferred to—" down through 
"Unless" and inserting in lieu thereof the following: 
"(i) the United States, or 
"(ii) the State in which such land is located, at the option of 
such State, 
unless"; and 
(2) by striking "section 84 b." and inserting in lieu thereof 
42 use 2111. 
"section 81 of this Act". 
TITLE II—AUTHORIZATION OF REPAYMENT 
SEC. 201, (a) That the State of Indiana (hereinafter referred to as 
the "State"), acting by and through the Indiana State Highway 
Commission, and the Indiana Toll Road Commission (hereinafter 
referred to as the "commission") shall be free of all restrictions with 
respect to the issuance of bonds or other obligations constituting a 
lien against the East-West Toll Road in northern Indiana (Interstate 
Route 80/90) (hereinafter referred to as the "toll road") or payable 
out of revenues derived from the toll road and with respect to the 
imposition, collection, and use of tolls and other charges on the toll 
23 use 101 et 
road contained in title 23, United States Code, or in any regulation or 
*®9- 
agreement under such title upon— 
(1) repajntnent to the Treasurer of the United States of the sum 
of $1,936,894, which is the amount of Federal-aid highway funds 
received for the construction of the interchanges connecting the 
toll road with— 
(A) Interstate Route 69 in Steuben County, Indiana; 
PUBLIC LAW 96-106—NOV. 9, 1979 
93 STAT. 801 
(B) Interstate Route 80 in Lake County, Indiana; and 
(C) Interstate Route 65 in Lake County, Indiana; and 
(2) issuance of new bonds by the commission at such time and 
in such principal amount as will provide bond proceeds available 
for payment of costs of construction and acquisition of right of 
way not less than the amount required to undertake and com-
plete the required construction and the required acquisition of 
right of way, as defined in the subparagraphs (D) and (E) of this 
paragraph, such issuance to be made subject to a trust indenture 
which will be binding on the commission and will provide— 
(A) that the required construction and required acquisi-
tion of right of way will be performed and that the funds 
from the bond proceeds will be allocated sufficient to per-
form the required construction and the required acquisition 
of right of way before any other commitment of the bond 
proceeds (other than the refunding of outstanding bonds and 
payment of costs of issuance) is made; 
(B) that any revenues from the toll road, and any proceeds 
of the bonds issued in connection with the toll road shall, 
after pa)mient of the costs of issuance, be used only (i) for 
payment of the costs, direct and indirect, of the required 
construction and the required acquisition of right of way; (ii) 
for the payment of the costs, direct and indirect, of the 
operation, maintenance, repair, and improvement of the toll 
road, including the construction of lane additions and the 
construction or modification of, and acquisition of right of 
way for interchanges; (iii) for the debt service, payment, and 
refunding of outstanding bonds, the proceeds of which were 
used for the construction of the toll road or any improve-
ment thereto or for the refunding of such bonds; and (iv) for 
the payment to be made under paragraph (1) of this section 
and for the repa5mient to the State out of the proceeds of the 
sale of such new bonds of amounts required to be paid by the 
commission to the State under the provisions of title 8, 
article 15, chapter 2, section 20 of the Indiana Code of 1971, 
as amended to the date of enactment of this Act; 
(C) that the commission will promptly commence acquisi-
tion of rights of way and preparation of final plans and 
specifications for the required construction and that it will 
commence the required construction on or before December 
31, 1981, and that the commission will promptly begin 
acquiring all the required acquisition of right of way and will 
commence acquiring such rights of way on or before Decem-
ber 31,1981; 
(D) that the term "required construction" shall mean and 
include the following, all given equal priority: 
(i) construction of a new interchange at Indiana State 
Highway 912 South (Cline Avenue) in Lake County, 
Indiana, and 
(ii) construction of a new interchange at Mishawaka 
in St. Joseph County, Indiana, between mileposts 080 
and 085 of the toll road after consultation with the 
executive authority of the County of St. Joseph and the 
executive authority of the city of Mishawaka, Indiana, 
and 
(iii) construction of a new interchange in Elkhart 
County, Indiana, located between mileposts 095 and 102 
of the toll road after consultation with the executive 
authority of the county of Elkhart, and 
Issuance of new 
bonds. 
"Required 
construction." 
59-194 O - 81 
53 : QU 
93 STAT. 802 
PUBLIC LAW 96-106—NOV. 9, 1979 
(iv) construction of a new interchange at Willowcreek 
Road in Porter County, Indiana, and 
" 
(v) construction of a new interchange at Indiana State 
Highway 912 North (Cline Avenue) in Lake County, 
Indiana, and 
(vi) construction of a new interchange at Indiana 
Highway 53 (Broadway) in Lake County, Indiana, and 
(vii) completion of construction of a new interchange 
at United States Highway 31 bypass in St. Joseph 
County, Indiana, located at milepost 072 of the toll road; 
"Required 
(E) that the term "required acquisition of right of way" 
acquisition of 
gh^ll mean and include the following: 
right ot way. 
^) acquisition of right of way at State Road 149 in 
Porter County, Indiana, sufficient for placement of a 
future interchange as construction funds (other than 
proceeds of the bonds issued in connection with the trust 
indenture provided herein) become available and after 
consultation with the executive authority of the county 
of Porter, and 
(ii) acquisition of right of way at United States High-
way 20 in LaPorte County, Indiana, sufficient for place-
ment of a future interchange as construction funds 
(other than proceeds of the bonds issued in connection 
with the trust indenture provided for herein) become 
available and after consultation with the executive 
authority of the county of LaPorte. 
O
b
) The amount repaid to the United States under this title shall be 
deposited to the credit of the appropriation for "Federal-Aid Highway 
(Trust Fund)". Such repayment shall be credited to the unprogramed 
balance of the Federal-aid highway funds of the same class last 
apportioned to the State of Indiana. The amount so credited shall be 
in addition to all other funds then apportioned to the State of Indiana 
and shall be available for expenditure in accordance with the provi-
23 use 101. 
sions of title 23, United States Code. 
Approved November 9, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-288 (Comm. on Public Works and Transportation). 
SENATE REPORT No. 96-333 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
July 9, considered and passed House. 
Oct. 24, considered and passed Senate, amended. 
Oct. 26, House concurred in certain Senate amendments, and in Senate 
amendment No. 7 with an amendment. 
Oct. 29, Senate agreed to House amendment.