An Act to authorize appropriations for the fiscal years 1970 and 1971 for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.
PL 90-495 (S.3418), enacted 08/23/1968

82 STAT. J 
PUBLIC LAW 90-495-AUG. 2^3. 1968 
815 
Public Law 90-495 
A N A C T 
August 23, 1968 
To authorize appropriations for the fiscal years 1970 and 1971 for the con- 
^^"^''^^^ 
struction of certain highways in accordance with title 23 of the United States 
Code, and for other purposes. 
Be it ennxiied hy the Senate and House of Representatlven 
of the 
United States of America in Congress assembled. 
Pederai-Aid 
•' 
"^ 
' 
Highway Act of 
1968. 
SHORT 
TITLE 
23 u s e 101 
note. 
74 Stat. 415; 
81 Stat. 772. 
SECTION 1. This Act may be cit^d as the "Federal-Aid Highway Act 
of 1968". 
REVISION OF AUTHORIZATION OF APPROPRIATIONS FOR INTERSTATE SYSTEM 
SEC. 2. Subsection (b) of section. 108 of the Federal-Aid Highway 
Act of 1956, as amended, is amended to read as follows: 
so sta^ 766 
"(b) 
AUTHORIZATION OF APPROPRIATIONS.—For the purpose of ex-
pediting the construction, reconstruction, or improvement, inclusive 
of necessary bridges and tunnels, of the Interstate System, including 
extensions thereof through urban areas, designated in accordance with 
the provisions of subsection (d) of section 103 of title 23, United States 
Code, there is hereby authorized to be appropriated the additional sum 
of $1,000,000,000 for the fiscal year ending June 30, 1957, which sum 
shall be in addition to the authorization heretofore made for that year, 
the additional sum of $1,700,000,000 for the fiscal year ending June 
30,1958, the additional sum of $2,200,000,000 for the fiscal year ending 
June 30, 1959, the additional sum of $2,500,000,000 for the fiscal year 
ending June 30,1960, the additional sum of $1,800,000,000 for the fiscal 
year ending June 30,1961, the additional sum of $2,200,000,000 for the 
fiscal year ending June 30, 1962, the additional sum of $2,400,000,000 
for the fiscal year ending June 30,1963, the additional sum of $2,600,-
000,000 for the fiscal year ending June 30,1964, the additional sum of 
$2,700,000,000 for the fiscal year ending June 30, 1965, the additional 
sum of $2,800,000,000 for the fiscal year ending June 30, 1966, the 
additional sum of $3,000,000,000 for the fiscal year ending June 30, 
1967, the additional sum of $3,400,000,000 for the fiscal year ending 
June 30, 1968, the additional sum of $3,800,000,000 for the fiscal vear 
ending June 30,1969, the additional sum of $4,000,000,000 for the fiscal 
year ending June 30,1970, the additional sum of $4,000,000,000 for the 
fiscal year ending June 30, 1971, the additional sum of $4,000,000,000 
for the fiscal year ending June 30,1972, the additional sum of $4,000,-
000,000 for the fiscal year ending June 30, 1973, and the additional 
sum of $2,225,000,000 for the fiscal year ending June 30,1974. Nothing 
in this subsection shall be construed to authorize the appropriation of 
any sums to carry out sections 131, 136, or 319(b) of title 23, United 
States Code, or any provision of law relating to highway safety en- 
^^ ^*^*- ^^^s 
acted after May 1,1966." 
s 
s 
j 
j 
\flu\^]Vs. 
AUTHORIZATION OF USE OF COST ESTIMATE FOR APPORTIONMENT 
OF INTERSTATE FUNDS 
SEC. 3. The Secretary of Transportation is authorized to make the 
apportionment for the fiscal years ending June 30, 1970, and 1971, of 
the sums authorized to be appropriated for such years for expendi-
tures on the National System of Interstate and Defense Highways, 
using the apportionment factors contained in the revision of table 5 
of House Document Numbered 199, Ninetieth Congress, set forth in 
Senate Report 1340, Ninetieth Congress. 
816 
80 Stat. 767. 
77 Stat. 277. 
Estimate. 
Transmittal to 
Congress. 
PUBLIC LAW 90-495-AUG. 23, 1968 
[82 STAT. 
EXTENSION OF TIME FOR COMPLETION OF SYSTEM 
SEC. 4. (a) The second paragraph of section 101(b) of title 23, 
LTnited States Code, is amended by striking out "sixteen years' " and 
inserting in lieu thereof "eighteen years' " and by striking out "June 
30,1972", and inserting in lieu thereof "June 30,1974". 
(b) The introductory^ phrase and the second and third sentences of 
section 104(b)(5) of title 23, United States Code, are amended by 
striking "1972" where it appears and inserting in lieu thereof "1974", 
and such section 104(b) (5) is further amended by striking the three 
sentences preceding the last sentence and inserting in lieu thereof the 
followii^: "Upon the approval by the Congress, the Secretary shall 
use the Federal share of such approved estimate in making apportion-
ments for the fiscal years ending June 30,1970, and June 30,1971. The 
Secretary shall make a final revised estimate of the cost of completing 
the then designated Interstate System after taking into account all 
previous apportionments made under this section, in the same manner 
as stated above, and transmit the same to the Senate and the House of 
Representatives within ten days subsequent to January 2, 1970. Upon 
the approval by the Congress, the Secretary shall use the Federal 
share of such approved estimate in making apportionments for the 
fiscal years ending June 30, 1972, June 30, 1973, and June 30,1974." 
79 Stat. 1028, 
1030, 1032; 
80 Stat. 768. 
80 Stat. 734. 
23 u s e 135 
note. 
AUTHORIZATIONS 
SEC. 5. For the purpose of carrying out the provisions of title 23, 
United States Code, the following sums are hereby authorized to be 
appropriated: 
(1) For the Federal-aid primary system and the Federal-aid 
secondary system and for their extension within urban areas, out 
of the Highway Trust Fund, $1,100,000,000 for the fiscal year 
ending June 30, 1970, and $1,100,000,000 for the fiscal year end-
ing June 30,1971. Nothing in this paragraph shall be construed to 
authorize the appropriation of any sums to carry out section 
131,136, 319(b) or chapter 4 of title 23, United States Code. The 
sums authorized in this paragraph for each fiscal year shall be 
available for expenditure as follows: 
(A) 45 per centum for projects on the Federal-aid primary 
highway system; 
(B) 30 per centum for projects on the Federal-aid sec-
ondary highway system; and 
(C) 25 per centum for projects on extensions of the Fed-
eral-aid primary and Federal-aid secondary highway sys-
tems in urban areas. 
(2) For traffic operation projects in urban areas as authorized 
in section 135 of title 23, LTnited States Code, out of the Highway 
Trust Fund, $200,000,000 for the fiscal year ending June 30, 
1970, and $200,000,000 for the fiscal year ending June 30,1971. 
(3) For forest highways, $33,000,000 for the fiscal year ending 
June 30,1970, and $33,000,000 for the fiscal year ending June 30, 
1971. 
(4) For public lands highways, $16,000,000 for the fiscal year 
ending June 30, 1970, and $16,000,000 for the fiscal year ending 
June 30,1971. 
(5) For forest development roads and trails, $170,000,000 for 
the fiscal year ending June 30,1970, and $170,000,000 for the fiscal 
year ending June 30,1971. 
(6) For public lands development roads and trails. $3,500,000 
for the fiscal ;7ear ending June 30, 1970, and $5,000,000 for the 
fiscal year endmg June 30,1971. 
82 STAT. ] 
PUBLIC LAW 90-495-AUG. 23, 1968 
817 
(7) For park roads and trails, $30,000,000 for the fiscal year 
ending June 30,1971. 
(8) For parkways, $11,000,000 for the fiscal year ending June 
30, 1971. 
(9) For Indian reservation roads and bridges, $30,000,000 for 
the fiscal year ending June 30,1970, and $30,000,000 for the fiscal 
year ending June 30,1971. 
(10) For carrying out section 402 of title 23, United States Code 
^° ^^^^- " i • 
(relating to highway safety programs), $75,000,000 for the fiscal 
year ending June 30, 1970, and $100,000,000 for the fiscal year 
ending June 30,1971. Sums for carrying out section 402 of title 23, 
United States Code, authorized by this paragraph shall not be ap-
portioned until Congress, by law enacted after the date of enact-
ment of this Act, shall provide for such apportionment. 
(11) For carrying out sections 307(a) and 403 of title 23, 
United States Code (^relating to highway safety research and de- J^ ^tat. 913; 
velopment), the additional sum of $30,000,000 for the fiscal year 
*^'' ^^' 
ending June 30, 1970, and the additional sum of $37,500,000 for 
the fiscal year ending June 30,1971. 
(12) For the Federal-aid primary system and the Federal-aid 
secondary system, exclusive of their extensions in urban areas, out 
of the Highway Trust Fund, $125,000,000 for the fiscal year end-
ing June 30, 1970 and $125,000,000 for the fiscal year ending June 
30, 1971, such sums to be in addition to the sums authorized in 
paragraph (1) of this subsection. The sums authorized in this 
paragraph for each fiscal year shall be available for expenditure as 
follows: 
(A) 60 per centum for projects on the Federal-aid primary 
highway system; and 
(B) 40 per centum for projects on the Federal-aid sec-
ondary system. 
HIGHWAY BEAUTIFICATION 
SEC. 6. (a) Section 131 (d) of title 23, United States Code, is amended 
79 stat. 1028. 
by inserting the following sentence between the second and third sen-
tences of the subsection: "Whenever a bona fide State, county, or local 
zoning authority has made a determination of customary use, such de-
termination will be accepted in lieu of controls by agreement in the 
zoned commercial and industrial areas within the geographical juris-
diction of such authority." 
(b) The first sentence of section 131 (j) of title 23, United States 
Code, is amended by striking out "or the control required by this sec-
tion, whichever control is stricter". 
(c) Section 131 (m) of title 23, United States Code, is amended to 
so stat. 768. 
read as follow^s: 
" (m) There is authorized to be appropriated to carry out the provi- 
Appropriation. 
sions of this section, out of any money in the Treasury not otherwise 
appropriated, not to exceed $20,000,000 for the fiscal year ending June 
30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 
1967, and not to exceed $2,000,000 for the fiscal year ending June 30, 
1970. The provisions of this chapter relating to the obligation, period 
of availability and expenditure of Federal-aid primary highway funds 
shall apply to the funds authorized to be appropriated to carry out this 
section after June 30,1967." 
(d) Section 131 of title 23, Unified States Code, is amended by 
^9 stat. 1028. 
adding at the end thereof the following new subsection: 
"(n) No sign, display, or device shall be required to be removed 
under this section if the Federal share of the just compensation to be 
818 
PUBLIC LAW 90-495-AUG. 23, 1968 
f82 STAT. 
79 Stat. 1032; 
80 Stat. 768. 
Appropriation. 
paid upon removal of such sign, display, or device is not available to 
make such payment." 
(e) Section 136 (m) of title 23, United States Code, is amended to 
read as follows: 
" (m) There is authorized to be appropriated to carry out this section, 
out of any money in the Treasury not otherwise appropriated, not to 
exceed $20,000,000 for the fiscal year ending June 30,1966, not to exceed 
$20,000,000 for the fiscal year ending June 30, 1967, and not to exceed 
$3,000,000 for the fiscal year ending June 30, 1970. The provisions of 
chapter 1 of this title relating to the obligation, period of availability, 
and expenditure of Federal-aid primary highway funds shall apply to 
the funds authorized to be appropriated to carry out this section after 
June 30, 1967." 
(f) Section 319(b) of title 23, United States Code, is amended by 
striking out the last two sentences and inserting in lieu thereof the 
following: "There is authorized to be appropriated to carr^ out this 
subsection, out of any money in the Treasury not otherwise appro-
priated, not to exceed $120,000,000 for the fiscal year ending June 30, 
1966, not to exceed $120,000,000 for the fiscal year ending June 30,1967, 
and not to exceed $20,000,000 for the fiscal year ending June 30, 
1970. The provisions of chapter 1 of this title relafng to the obligation, 
period of availability, and expenditure of Federal-aid primary high-
way funds shall apply to the funds authorized to be appropriated to 
carry out this subsection after June 30, 1967." 
(g) There is authorized to be appropriated, out of any money in the 
Treasury not otherwise appropriated, for necessary administrative 
expenses in carrying out sections 131, 136, and 319(b) of title 23, 
United States Code, not to exceed $1,250,000 for the fiscal year ending 
June 30, 1969, and $1,250,000 for the fiscal year ending June 30,1970. 
72 Stat. 893. 
Right-of-way 
revolving fund. 
76 Stat. 1146; 
Post, 
p. 830. 
ADVANCE ACQUISITION OF RIGHTS-OF-WAY 
SEC. 7. (a) Subsection (b) of section 108 of title 23, United States 
Code, is amended by striking out "this section" and inserting in lieu 
thereof "subsection (a) of this section". 
(b) Section 108 of title 23, United States Code, is amended by add-
ing at the end thereof the following new subsection: 
(c) (1) There is hereby established in the Treasury of the United 
States a revolving fund to be known as the right-of-way revolving fund 
which shall be administered by the Secretary in carrying out the provi-
sions of this subsection. Sums authorized to be appropriated to the 
right-of-way revolving fund shall be available for expenditure without 
regard to the fiscal year for which such sums are authorized. 
"(2) For the purpose of acquiring rights-of-way for future con-
struction of highways on any Federal-aid system and for making 
payments for the moving or relocation of persons, businesses, farms, 
and other existing uses of real property caused by the acquisition of 
such rights-of-way, in addition to the authority contained in subsection 
(a) of this section, the Secretary, upon request of a State highway 
department, is authorized to advance funds, without interest, to the 
State from amounts available in the right-of-way revolving fund, in 
accordance with rules and regulations prescribed by the Secretary. 
Funds so advanced may be used to pay the entire costs of projects for 
the acquisition of rights-of-way, including the net cost to the State 
of property management, if an}^, and related moving and relocation 
payments made pursuant to section 133 or chapter 5 of this title. 
"(3) Actual construction of a highway on rights-of-way, with 
respect to which funds are advanced under this subsection, shall be 
commenced within a period of not less than two years nor more than 
seven years following the end of the fiscal year in which the Secretary 
82 STAT. ] 
PUBLIC LAW 90-495-AUG. 23, 1968 
819 
approves such advance of funds, unless the Secretary, in his discretion, 
shall provide for an earlier termination date. Immediately upon the 
termination of the period of time within which actual construction 
must be commenced, in the case of any project where such construction 
is not commenced before such termination, or upon approval by the 
Secretary of the plans, specifications, and estimates for such project 
for the actual construction of a highway on rights-of-way with respect 
to which funds are advanced under this subsection, whichever shall 
occur first, the right-of-way revolving fund shall be credited with an 
amount equal to the Federal share of the funds advanced, as provided 
in section 120 of this title, out of any Federal-aid highway funds 
72 stat. 898. 
apportioned to the State in which such project is located and available 
23 u c 120. 
for obligation for projects on the Federal-aid system of which such 
project IS to be a part, and the State shall reimburse the Secretary 
in an amount equal to the non-Federal share of the funds advanced for 
deposit in, and credit to, the right-of-way revolving fund." 
(c) There is authorized to t^ appropriated, out of the highway trust 
Appropriation. 
fund, to the right-of-way revolving fund established by subsection (c) 
of section 108 of title 23, United" States Code, $100,000,000 for the 
Ante, p. sis. 
fiscal year ending June 30,1970, $100,000,000 for tlie fiscal year ending 
June 30,1971, and $100,000,000 for the fiscal year ending June 30,1972. 
(d) On or before January 1 next preceding the commencement of 
each fiscal year for which funds are authorized to be appropriated 
to the right-of-way revolving fund by subsection (c) of this section, 
the Secretary shall apportion the funds so authorized for such fiscal 
year to the States. Each State shall be apportioned for such fiscal year 
an amount which bears the same percentage relationship to the total 
amount being apportioned under this subsection as the total of all 
apportionments made to such State for such fiscal year under para-
graphs (1), (2), (3), and (5), of subsection (b) of section 104 of title 
23, United States Code, bears to the total of all amounts apportioned 
^
^
2 stat. sss; 
under such paragraphs to all States for such fiscal year. Amounts go stat! 757' 
apportioned under this subsection shall not be construed to be author-
izations of appropriations for the construction, reconstruction, or 
improvement of the Interstate System for the purposes of subsection 
(g) of section 209 of the Highway Revenue Act of 1956. 
7o stau 4
^
0
0 
(e) Funds apportioned to a State under this subsection (d) of this note. 
section shall remain available for obligation for advances to such State 
until October 1 of the fiscal year for which such apportionment is 
made. All amounts not advanced or obligated for advancement before 
such date shall revert to the right-of-way revolving fund and 
together with all other amounts credited and reimbursed to such fund 
shall be available for advances to the States to carry out subsection 
(c) of section 108 of title 23, United States Code, in an equitable 
manner, taking into consideration each State's need for, and ability to 
use, such advances, in accordance with such rules and regulations as 
the Secretary of Transportation shall establish. 
DEFINITIONS OF FOREST ROAD OR TRAIL AND FOREST DEVELOPMENT 
ROADS AND TRAILS 
SEC. 8. The fourth and fifth paragraphs in section 101 (a) of title 23, 
United States Code, are amended to read as follows: 
^2 stat. sss. 
"The term 'forest road or trail' means a road or trail wholly or partly 
within or adjacent to and serving the national forests and other areas 
administered by the Forest Service. 
"The term 'forest development roads and trails' means those forest 
roads or trails of primary importance for the protection, administra-
tion, and utilization of the national forest and other areas administered 
by the Forest Service or, where necessary, for the use and development 
820 
PUBLIC LAW 90-495-AUG. 23, 1968 
[82 STAT. 
of the resources upon which communities within or adjacent to the 
national forest and other areas administered by the Forest Service are 
dependent." 
FOREST DEVELOPMENT ROADS AND TRAILS 
72 Stat. 907. 
^^^ 9 Subsectiou (c) of section 205 of title 23, United States Code, 
is amended to read as follows: 
"(c) Construction estimated to cost $15,000 or more per mile or 
$15,000 or more per project for projects with a length of less than one 
mile, exclusive of bridges and engineering, shall be advertised and let 
to contract. If such estimated cost is less than $15,000 per mile or 
$15,000 per project for projects with a length of less than one mile or 
if, after proper advertising, no acceptable bid is received or the bids 
are deemed excessive, the work may be done by the Secretary of Agri-
culture on his own account." 
URBAN AREA TRAFFIC OPERATIONS IMPROVEMENT 
PROGRAMS 
p23 use 101-141; 
gj,(. 10. (a) Chapter 1 of title 23, United States Code, is amended by 
826, 836! 
' 
adding immediately after section 134 the following new section 135: 
"§ 135. Urban area traffic operations improvement programs 
"(a) The Congress hereby finds and declares it to be in the national 
interest that each State should have a continuing program within the 
designated boundaries of urban areas of the State designed to reduce 
traffic congestion and to facilitate the flow of traffic in the urban areas. 
"(b) The Secretary may approve under this section any project on 
an extension of the Federal-aid primary or secondary system in urban 
areas for improvements which directly facilitate and control traffic 
flow, such as grade separation of intersections, widening of lanes, 
channelization of traffic, traffic control systems, and loading and 
unloading ramps, if such project is based on a continuing comprehen-
sive transportation plannnig process carried on in accordance with 
section 134 of this title. 
"(c) The sums authorized to carry out this section shall be appor-
tioned in accordance with section 104 (b) (3) of this title. 
^*p°'*- 
"(d) The Secretary shall report annually on projects approved 
under this section with any recommendations he may have for further 
improvement of traffic operations in accordance with this section." 
(b) The analysis of chapter 1 of title 23, United States Code, is 
hereby amended by adding thereto, immediately after the catchline 
for section 134, the following: 
"135. Urban area traffic operations improvement programs." 
FRINGE PARKING 
FACILITIES 
SEC. 11. (a) The Secretary may, until June 30, 1971, approve as a 
project under title 23, United States Code, for demonstration pur-
poses, the acquisition of land adjacent to the right-of-way on any 
Federal-aid highway system outside a central business district, as 
defined by the Secretary, and the construction of publicly owned 
parking facilities thereon or within such right-of-way, including the 
use of the air space above and below the established grade line of the 
highway pavement, to serve an urban area of more than fifty thousand 
population. Such parking facility shall be located and designed to 
permit its use in conjunction with existing or planned public trans-
portation facilities. In the event fees are charged for the use of any 
such facility, the rate thereof shall not be in excess of that required 
for maintenance and operation (including compensation to any per-
son for operating such facility. 
77 Stat. 276. 
82 STAT. ] 
PUBLIC LAW 90-495-AUG. 23, 1968 
821 
(b) The Federal share payable on account of any project author-
ized by this section shall be 50 per centum. The sums apportioned 
in accordance with section 104(b) (3) of title 23, United States Code, 
7? stat. 276. 
shall be available to finance the Federal share payable under this 
section. 
(c) The Secretary shall not approve any project under this section 
until— 
(1) he has determined that the State, or the political subdivi-
sion thereof, where such project is to be located, or an agency 
or instrumentality of such State or political subdivision, has the 
authority and capability of constructing, maintaining, and 
operating the facility; 
(2) he has entered into an agreement governing the financing, 
maintenance, and operation of the parking facility with such State, 
political subdivision, agency, or instrumentality, including neces-
sary requirements to insure that adequate public transportation 
services will be available to persons using such facility; and 
(3) he has approved design standards for constructing such 
facility developed in cooperation with the State highway depart-
ment. 
(d) The term "parking facilities", for purposes of this section, shall . "Packing faciii-
include access roads, buildings, structures, equipment, improvements, 
and interests in lands. 
(e) Nothing in this section, or in any rule or regulation issued under 
this section, or in any agreement required by this section, shall prohibit 
(1) any State, political subdivision, or agency or instrumentality there-
of, from contracting with any person to operate any parking facility 
constructed under this section, or (2) any such person from so operat-
ing such facility. 
(f) The Secretary shall not approve any project under this section 
unless he determines tliat it is based on a continuing comprehensive 
transportation planning process carried on in accordance with section 
134 of title 23, United States Code. 
76 stat. IMS. 
(g) The Secretary shall submit to Congress annually a report of the 
Report to con-
demonstration projects approved under this section together with his ^'•^^^• 
recommendations with respect to the future operation of these projects 
including, but not limited to, the possible sale of such projects to pri-
vate enterprise and the possibility of future construction of projects 
of this type by private enterprise. 
PREVAILING RATE OF WAGE 
SEC. 12. (a) Section 113 of title 23, United States Code, is amended 
72 stat. 895. 
to read as follows: 
"§ 113. Prevailing rate of wage 
"(a) The Secretary shall take such action as may be necessary to 
insure that all laborers and mechanics employed by contractors or sub-
contractors on the initial construction work performed on highway 
projects on the Federal-aid systems, the primary and secondary, as 
well as their extensions in urban areas, and the Interstate System, 
authorized under the highway laws providing for the expenditure of 
Federal funds upon the Federal-aid systems, shall be paid wages at 
rates not less than those prevailing on the same tj^pe of work on similar 
construction in the immediate locality as determined by the Secretary 
of Labor in accordance with the Act of August 30,1935, known as the 
Davis-Bacon Act (40 U.S.C. 267a). 
^9 su.^. ion. 
"(b) In carrying out the duties of subsection (a) of this section, the 276a-5. ^^^"^ 
Secretary of Labor shall consult with the highway department of the 
State in which a project on any of the Federal-aid systems is to be per-
formed. After giving due regard to the information thus obtained, he 
822 
PUBLIC LAW 90-495-AUG. 23, 1968 
[82 STAT. 
shall make a predetermination of the minimum wages to be paid 
laborers and mechanics in accordance with the provisions of subsec-
tion (a) of this section which shall be set out in each project advertise-
ment for bids and in each bid proposal form and shall be made a part 
of the contract covering the project. 
"(c) The provisions of the section shall not be applicable to employ-
ment pursuant to apprenticeship and skill training programs which 
have been certified by the Secretary of Transportation as promoting 
equal employment opportunity in connection with Federal-aid high-
way construction p)rograms." 
(b) The analysis of chapter 1 of title 23, United States Code, is 
hereby amended by striking out 
"113. Prevailing rate of wage—Interstate System." 
and inserting in lieu thereof: 
"113. Prevailing rate of vpage." 
H I G H W A Y SAFETY PROGRAM 
SEC. 13. The fourth sentence of subsection (c) of section 402 of title 
80 Stat. 732. 
£3 of the United States Code is amended by striking out "December 
31, 1968" and inserting in lieu thereof "December 31, 1969", and the 
fifth sentence of such subsection is amended by striking out "January 
1,1969" and inserting in lieu thereof "January 1,1970". 
INTERSTATE SYSTEM ADJUSTMENTS 
74 
Stat. 415; 
n Stat. 772. 
72 
Stat. 885. 
SEC. 14. (a) The first sentence of paragraph (1) of subsection (d) 
of section 103 of title 23, United States Code, is amended by inserting 
after the word "and" a comma and the following: "except as provided 
in paragraphs (2) and (3) of this subsection,". 
(b) Subsection (d) of section 103 of title 23, United States Code, is 
amended by adding at the end thereof the following new paragraph: 
"(3) In addition to the mileage authorized by paragraphs (1) and 
(2) of this subsection, there is hereby authorized additional mileage of 
not to exceed 1,500 miles for the designation of routes in the same man-
ner as set forth in paragraph (1), in order to improve the efficiency 
and service of the Interstate System to better accomplish the purposes 
of that System." 
PROHIBITION OF I M P O U N D M E N T OF APPORTIONMENTS AND 
DIVERSION OF FUNDS 
SEC. 15. Section 101 of title 23, United States Code, is amended by 
adding at the end thereof the following new subsections: 
"(c) It is the sense of Congress that under existing law no part of 
any sums authorized to be appropriated for expenditure upon any 
Federal-aid system which has been apportioned pursuant to the pro-
visions of this title shall be impounded or withheld from obligation, 
for purposes and projects as provided in this title, by any officer or 
employee of any department, agency, or instrumentality of the execu-
tive branch of the Federal Government, except such specific sums as 
may be determined by the Secretary of the Treasury, after consulta-
tion with the Secretary of Transportation, are necessary to be with-
held from obligation for specific periods of time to assure that sufficient 
amounts will be available in the highway trust fund to defray the 
expenditures which will be required to be made from such fund. 
"(d) It is the sense of Congress that funds authorized to be appro-
priated from the Highway Trust Fund may be used to pay only those 
administrative expenses of the Federal Highway Administration (in-
82 STAT. ] 
PUBLIC LAW 90-495-AUG. 23, 1968 
823 
eluding the Bureau of Public Roads) which are incurred under this 
title and are attributable to Federal-aid highways. No funds author-
ized to be appropriated from the Highway Trust Fund shall be used 
to pay the administrative expenses of any other Federal department, 
agency, office, or instrumentality, or any other agency, instrumental-
ity, or entity established by Federal law, executive order, or otherwise 
by the Federal Government, either by transfer or funds, reassignment 
of personnel or activities, contract, or otherwise, unless the expendi-
tures are to meet obligations incurred under this title, w^hich are 
attributable to Federal^aid highways and are— 
" (1) contracted for in accordance with the Act of March 4,1915, 
as amended (31 U.S.C. 686) and (A) relate to work or services of 
'*'' ^'^'- '*^'''-
a type not usually performed by the Federal Highway Adminis-
tration or (B) relate to the furnishing of materials, supplies, or 
equipment; or 
"(2) are specifically identified in the budget and included in an 
appropriation Act." 
ADDITIONS TO T H E INTERSTATE 
SYSTEM 
SEC. 16. (a) Chapter 1 of title 23, United States Code, is amended 
23 use 101-
by adding at the end thereof the following new section: 
PoJt, pp^'sle, 
' 
"§ 139. Additions to Interstate System 
^^^ 
"Wlienever the Secretary determines that a highway on the Federal-
aid primary system meets all of the standards of a highway on the 
Interstate System and that such highway is a logical addition or con-
nection to the Interstate System, he may, upon the affirmative recom-
mendation of the State or States involved, designate such highway 
as a part of the Interstate System. The mileage of any highway desig-
nated as part of the Interstate System under this section shall not be 
charged against the limitation established by the first sentence of 
section 103(d) of this title. The designation of a highway as part of 
^"'e. p. 822. 
the Interstate System under this section shall create no Federal finan-
cial responsibility with respect to such highway." 
(b) The analysis of chapter 1 of title 23, United States Code, is 
amended by addmg at the end thereof the following: 
'•139. Additions to Interstate System." 
FUNCTIONAL HIGHWAY CLASSIFICATION 
STUDY 
SEC. 17. The Secretary of Transportation shall, in the report to 
Congress required to be submitted by January 1970 by section 3 of 
the Act of August 28,1965 (79 Stat. 578; Public Law 89-139), include ^^22 use 101 
the results of a systematic nationwide functional highway classifica-
tion study to be made in cooperation with the State highway depart-
ments and local governments with particular attention to the estab-
lishment of highway system categories, rural and urban, according 
to the functional importance of routes, desirable as one of the bases 
for realigning Federal highway programs to better meet future needs 
and priorities. 
PRESERVATION OF PARKLANDS 
SEC. 18. (a) Section 138 of title 23, United States Code, is amended 
8° stat. 771. 
to read as follows: 
*
*
§ 138. Preservation of parklands 
"It is hereby declared to be the national policy that special effort 
should be made to preserve the natural beauty of the countryside and 
public park and recreation lands^ wildlife and waterfowl refuges, 
and historic sites. The Secretary of Transportation shall cooperate 
B-600 O - 69 - 55 
49 use 1653. 
824 
PUBLIC LAW 90-495-AUG. 23, 1968 
[82 STAT. 
and consult with the Secretaries of the Interior, Housing and Urban 
Development, and Agriculture, and with the States in developing 
transportation plans and programs that include measures to maintain 
or enhance the natural beauty of the lands traversed. After the effec-
tive date of the Federal-Aid Highway Act of 1968, the Secretary shall 
not approve any program or project which requires the use of any 
publicly owned land from a public park, recreation area, or wildlife 
and waterfowl refuge of national. State, or local significance as deter-
mined by the Federal, State, or local officials having jurisdiction 
thereof, or any land from an historic site of national. State, or local 
significance as so determined by such officials unless (1) there is no 
feasible and prudent alternative to the use of such land, and (2) such 
program includes all possible planning to minimize harm to such park, 
recreational area, wildlife and waterfowl refuge, or historic site result-
ing from such use." 
(b) Section 4(f) of the Department of Transportation Act (80 Stat. 
931; Public Law 89-670) is amended to read as follows: 
"(f) It is hereby declared to be the national policy that special effort 
should be made to preserve the natural beauty of the countryside and 
public park and recreation lands, wildlife and waterfowl refuges, and 
historic sites. The Secretary of Transportation shall cooperate and 
consult with the Secretaries of the Interior, Housing and Urban 
Development, and Agriculture, and with the States in developing 
transportation plans and programs that include measures to maintain 
or enhance the natural beauty of the lands traversed. After the effec-
tive date of the Federal-Aid Highway Act of 1968, the Secretary shall 
not approve any program or project which requires the use of any 
publicly owned land from a public park, recreation area, or wildlife 
and waterfowl refuge of national. State, or local significance as de-
termined by the Federal, State, or local officials having jurisdiction 
thereof, or any land from an historic site of national. State, or local 
significance as so determined by such officials unless (1) there is no 
feasible and prudent alternative to the use of such land, and (2) such 
program includes all possible planning to minimize harm to such park, 
recreational area, wildlife and waterfowl refuge, or historic site re-
sulting from such use." 
FORT WASHINGTON PARKWAY 
SEC. 19. (a) The Secretary of the Interior is authorized to acquire 
by (1) donation, (2) purchase with donated funds, (3) purchase with 
funds appropriated to him under subsection (c) of this section, (4) 
transfer from any other Federal department, agency, or instru-
mentality (including the government of the District of Columbia), or 
(5) exchange, lands and interests in lands in Prince Georges County, 
Maryland, within the boundary depicted on drawing NCR 117.4—186 
which is on file and available for public inspection in the offices of the 
National Park Service, Department of the Interior. Notwithstanding 
any other provision of law, any property of the L^nited States within 
the boundary depicted on such drawing may, with the concurrence of 
the head of the department, agency, or instrumentality having juris-
diction thereof, be transferred without reimbursement to the Secre-
tary of the Interior to carry out this section. 
(b) (1) With respect to those lands which are identified on the map 
by the legend "Fee simple acquisition to be acquired", striped ^een, 
the Secretary of the Interior is authorized to acquire the fee simple 
absolute title to such property. 
(2) With r^espect to lands which are identified on the map by the 
legend "Private development areas" striped blue, the Secretary of 
the Interior is authorized to acquire only such easements and other 
82 STAT. ] 
PUBLIC LAW 90-495-AUG. 23, 1968 
825 
interests in lands less than fee simple title as may be necessary to 
protect the natural scenery and shoreline of such property, and to 
prohibit the use of such property for industrial or commercial pur-
poses or for residential purposes, other than low density single family 
detached dwellings, except that any such property which on the date 
of enactment of this section is lawfully used for any purposes there-
after prohibited by this paragraph may continue to be used for such 
purpose until such time as it ceases to be so used. 
(c) No money shall be expended by the Secretary of the Interior 
under this section until he shall have received definite commitments 
from the State of Maryland or from politicial subdivisions thereof, 
for one-third the cost of acquiring land easements or interests in lands 
under subsection (b) of this section, other than lands belonging to the 
United States on the date of enactment of this section or donated to 
the United States to carry out this section. In the discretion of the 
Secretary he may advance the State of Maryland, or any political sub-
division thereof, the full amount of the funds necessary for the acquisi-
tion of lands under subsection (b) of this section on the condition that 
the State or political subdivision reimburse the United States one-
third the cost of such acquisition, without interest, within a period of 
not to exceed 8 years from the date such funds are so advanced. 
(d) There is authorized to be appropriated to the Secretary of the 
Interior to carry out this section an amount equal to the unappropri-
ated balance of the amount authorized to be appropriated in subsec-
tion (a) of the first section of the Act of May 29,1930 (46 Stat. 482), 
66 stat. 791; 
as amended, for acquiring and developing the George Washington H HH' l^' 
Memorial Parkway, and the authorization contained in such first sec-
tion of such Act of May 29, 1930, is reduced by such amount. 
(e) Upon the completion of the acquisition of all of the real prop-
erty and interests in real property authorized by this section, the 
Report to con-
Secretary of the'Interior shall report to Congress his recommendations 
(including any necessary legislation) on the construction of the Fort 
Washington Parkway through the portion of Prince Georges County, 
Maryland, authorized to be acquired under this section. Such report 
shall include cost estimates and other information as may be necessary 
for the authorization of construction of such parkway by Congress. 
GARDEN STATE 
PARKWAY 
SEC. 20. (a) The amount of all Federal-aid highway funds paid on 
account of those sections of the Garden State Parkway in the State of 
New Jersey referred to in subsection (c) of this section shall, prior to 
the collection of any tolls thereon, be repaid to the Treasurer of the 
United States. The amount so repaid shall be deposited to the credit 
of the appropriation for "Federal-Aid Highways (Trust Fund)". At 
the time of such repayment the Federal-aid projects with respect to 
which such funds have been repaid and any other Federal-aid project 
located on said sections of such parkway and programed for expendi-
ture on any such project, shall be credited to the unprogramed bal-
ance of Federal-aid highways funds of the same class last apportioned 
to the State of New Jersey. The amount so credited shall be in addi-
tion to all other funds then apportioned to said State and shall be 
available for expenditure in accordance with the provisions of title 23, 
United States Code, as amended or supplemented. 
(b) When the New Jersey Highway Authority shall have con-
structed toll-free highway facilities in the vicinity of said sections of 
the Garden State Parkway in accordance with a general plan approved 
by the Secretary of Transportation as adequate to service local traffic, 
and pursuant to an agreement between the Authority and the State of 
New Jersey, acting by and through its State House Commission con-
gress. 
826 
PUBLIC LAW 90-495-AUG. 23, 1968 
[82 STAT. 
cerning the financing and construction of such facilities, then upon the 
repayment of Federal-aid highway funds and the cancellation and 
withdrawal from the Federal-aid highway program of all projects on 
such sections of the Garden State Parkway, as provided in subsection 
(a) of this section, such sections shall become and be free of any and 
all restrictions contained in title 23, United States Code, as amended 
or supplemented, or in any regulation thereunder, with respect to the 
imposition and collection of tolls or other charges thereon or for the 
use thereof. 
(c) The provisions of this section shall apply to the following sec-
tions of the Garden State Parkway: 
(1) That section of the parkway near Cape May Court House 
from interchange numbered 8 to interchange numbered 12 at 
route United States 9—a distance of approximately four and 
twenty one-hundredths centerline miles. 
(2) That section of the parkway from a point near its connec-
tion Avith route LTnited States 9 north of Toms River to Dover 
Road in South Toms River—a distance of approximately two and 
fifty one-hundredths centerline miles. 
(3) That section of the parkway from route United States 9 in 
Woodbridge to the Middlesex-ITnion County line—a distance of 
approximately six and thirty-seven one-hundredths centerline 
miles. 
(4) That section of the parkway from a point near its connec-
tion with the Middlesex-Union County line to a point near its 
connection with route United States 22 in Union Township—a 
distance of approximately seven and ninety-two one-hundredths 
centerline miles. 
SECTION 1 0 3 , TITLE 2 3 , UNITED STATES CODE 
81 Stat. 772. 
SEC. 21. Paragraph (2) of subsection (d) of section 103 of title 23, 
United States Code, is amended by striking out "1965 Interstate Sys-
tem cost estimate set forth in House Document Numbered 42, Eighty-
ninth Congress" and inserting in lieu thereof "1968 Interstate System 
cost estimate set forth in House Document Numbered 199, Ninetieth 
Congress, as revised". 
EQUAL EMPIiOYMENT 
OITORTUNITY 
^A^nte. pp. 820, 
^^^ 22. (a) Chapter 1 of title 23, United States Code, is amended 
Post, p. 836. 
by adding at the end thereof the following new section: 
"§140. Equal employment opportunity 
"Prior to approving any programs for projects as provided for in 
72 Stat. 891. 
subsectiou (a) of section 105 of this title, the Secretary shall require 
assurances from any State desiring to avail itself of the benefits of this 
chapter that employment in connection with proposed projects will be 
provided without regard to race, color, creed or national origin. He 
shall require that each State shall include in the advertised specifica-
tions, notification of the specific equal employment opportunity respon-
sibilities of the successful bidder. In approving programs for projects 
on any of the Federal-aid systems, the Secretary shall, where he con-
siders it necessary to assure equal employment opportunity, require 
certification by any State desiring to avail itself of the benefits of this 
chapter that there are in existence and available on a regional, state-
wide, or local basis, apprenticeship, skill improvement or other up-
grading programs, registered with the Department of Labor or the 
appropriate State agency, if any, which provide equal opportunity 
for training and employment without regard to race, color, creed or 
national origin. The Secretary shall periodically obtain from the 
82 STAT. ] 
PUBLIC LAW 90-4)95-AUG. 23, 1968 
827 
Secretary of Labor and the respective State highway departments 
information which will enable him to judge compliance with the 
requirements of this section and the Secretary of Labor shall render 
to the Secretary such assistance and information as he shall deem nec-
essary to carry out the equal employment opportunity program 
required hereunder." 
(b) The analysis of chapter 1 of title 23, United States Code, is 
amended by adding at the end thereof the following: 
"140. Equal employment opportunity." 
(c) Subsection (b) of section 112 of title 23, United States Code, is 72 stat. 895. 
amended by adding at the end thereof the following: "Contracts for the 
construction of each project shall be awarded only on the basis of the 
lowest responsive bid submitted by a bidder meeting established cri-
teria of responsibility. No requirement or obligation shall be imposed 
as a condition precedent to the award of a contract to such bidder for a 
project, or to the Secretary's concurrence in the award of a contract 
to such bidder, unless such requirement or obligation is otherwise law-
ful and is specifically set forth in the advertised specifications." 
DISTRICT o r COLUMBIA 
SEC. 23. (a) Notwithstanding any other provision of law, or any 
court decision or administrative action to the contrary, the Secretary 
of Transportation and the government of the District of Columbia 
shall, in addition to those routes already under construction, construct 
all routes on the Interstate System within the District of Columbia as 
set forth in the document entitled "1968 Estimate of the Cost of Com-
pletion of the National System of Interstate and Defense Highways 
in the District of Columbia" submitted to Congress by the Secretary 
of Transportation with, and as a part of, "The 1968 Interstate System 
Cost Estimate" printed as House Document Numbered 199, Ninetieth 
Congress. Such construction shall be undertaken as soon as possible 
after the date of enactment of this Act, except as otherwise provided 
in this section, and shall be carried out in accordance with all appli-
cable provisions of title 23 of the United States Code. 
(b) Not later than 30 days after the date of enactment of this section 
the government of the District of Columbia shall commence work on 
the following projects: 
(1) Three Sisters Bridge, 1-266 (Section Bl to B2). 
(2) Potomac River Freeway, 1-266 (Section B2 to B4). 
(3) Center Leg of the Inner Loop, 1-95 (Section A6 to C4), 
terminating at New York Avenue. 
(4) East Leg of the Inner I^op, 1-295 (Section Cl to C4), 
terminating at Bladensburg Road. 
(c) The government of the District of Columbia and the Secretary 
of Transportation shall study those projects on the Interstate System 
set forth in "The 1968 Interstate System Cost Estimate", House Docu-
ment Numbered 199, Ninetieth Congress, within the District of 
Columbia which are not specified in subsection (b) and shall report to c^^^e^s^" 
Congress not later than 18 months after the date of enactment of this 
°"^''^^^' 
section their recommendations with respect to such projects including 
any recommended alternative routes or plans, and if no such recom-
mendations are submitted within such 18-month period then the Sec-
retary of Transportation and the government of the District of 
Columbia shall construct such routes, as soon as possible thereafter, 
as required by subsection (a) of this section. 
(d) For the purpose of enabling the District of Columbia to have its 
Federal-aid highway projects approved under section 106 or 117 of 
title 23, United States Code, the Commissioner of the District of 
72 stat. 892, 
' 
' 
897; 77 Stat. 278. 
828 
PUBLIC LAW 90-495-AUG. 23, 1968 
[82 STAT. 
Columbia may, in comiection with the acquisition of real property in 
the District of Columbia for any Federal-aid highway project, pro-
vide the payments and services described in sections 505, 506, 507, 
and 508 of title 23, United States Code. 
(e) The Commissioner of the District of Columbia is authorized to 
acquire by purchase, donation, condemnation or otherwise, real prop-
erty for transfer to the Secretary of the Interior in exchange or as 
replacement for park, parkway, and playground lands transferred to 
the District of Columbia for a public purpose pursuant to section 1 
of the Act of May 20, 1932 (47 Stat. 161; D.C. Code, sec. 8-115) and 
the Commissioner is further authorized to transfer to the United 
States title to property so acquired. 
(f) Payments are authorized to be made by the Commissioner, and 
received by the Secretary of the Interior, in lieu of property trans-
ferred pursuant to subsection (e) of this section. The amount of such 
payment shall represent the cost to the Secretary of the Interior of 
acquiring real property suitable for replacement of the property so 
transferred as agreed upon between the Commissioner and the head of 
said agency and shall be available for the acquiring of the replacement 
property. 
URBAN IMPACT 
AMENDMENT 
Post, 
pp. 831-
833. 
40 u s e 122. 
72 Stat. 902. 
SEC. 24. The first sentence of subsection (a) of section 128 of title 23, 
ITnited States Code, is amended by striking everything after the word 
"economic" down to and including the period at the end thereof and 
insQrting in lieu thereof the following: "and social effects of such a 
location, its impact on the environment, and its consistency with the 
goals and objectives of such urban planning as has been promulgated 
by the community.". 
CONSTRUCTION BY STATES I N ADVANCE OF APPORTIONMENT 
SEC. 25. (a) Subsection (a) of section 115 of title 23, United States 
72 Stat. 896. 
Code, is amended to read as follows: 
*
*
§ 115. Construction by States in advance of apportionment 
"(a) When a State has obligated all funds for any of the Federal-
aid systems, including the Interstate System, apportioned to it under 
72 Stat. 889. 
sectiou 104 of this title, and proceeds to construct any project without 
the aid of Federal funds, including one or more parts of any project, 
on any of the Federal-aid systems in such State, including the Inter-
state System, as any of those systems may be designated at that time, 
in accordance with all procedures and all requirements applicable to 
projects on any such system, except insofar as such procedures and 
requirements limit a State to the construction of projects with the aid 
of Federal funds previously apportioned to it, the Secretary, upon ap-
plication by such State and his approval of such application, is author-
ized to pay to such State the Federal share of the costs of construction 
of such project when additional funds are apportioned to such State 
under section 104 of this title if— 
" (1) prior to the construction of the project the Secretary ap-
proves the plans and specifications therefor in the same manner as 
other projects on the Federal-aid system involved, and 
"(2) the project conforms to the applicable standards adopted 
iiltTu'iiV^'' 
under section 109 of this title; 
80 Stat. 76?! 771. The Secretary muy not approve an application under this section 
unless an authorization is m effect for the fiscal year for which the 
application is sought beyond the currently authorized funds for such 
State and that no application may be approved which will exceed the 
State's expected apportionment of such authorizations." 
82 STAT. ] 
PUBLIC LAW 90-495-AUG. 23, 1968 
829 
(b) Subsection (b) of section 115 of title 23, United States Code, is 
^2 stat. 896. 
amended by striking the following: "of subsection (b)(5)". 
(c) The analysis of chapter 1 of title 23, United States Code, as it 
refers to section 115 is hereby amended to read as follows: 
"11.5. Con.struction by States in advance of apportionment." 
BRIDGE INSPECTION 
SEC. 26. Section 116 of title 23, United States Code, is amended by 
73 stat. us. 
adding at the end thereof the following : 
"(d) The Secretary in consultation with the State highway depart-
ments and interested and knowledgeable private organizations and in-
dividuals shall as soon as possible establish national bridge inspection 
standards in order to provide for the proper safety inspection of 
bridges on any of the Federal-aid highway system. Such standards 
shall specify in detail the method by which inspections shall be con-
ducted by the State highway departments, the maximum time lapse be-
tween inspections and the qualifications for those charged with the 
responsibility for carrying out such inspections. Each State shall be 
required to maintain written reports to be available to the Secretary 
pursuant to such inspections together with a notation of the action 
taken pursuant to the findings of such inspections. Each State shall be 
required to maintain a current inventory of all bridges on the Federal-
aid system. 
"(e) The Secretary shall establish in cooperation with the State 
highway departments a program designed to train appropriate 
employees of the Federal Government and the State governments to 
carry out bridge inspections. Such a program shall be revised from 
time to time in light of new or improved techniques. For the purposes 
of this section the Secretary may use funds made available pursuant 
to the provisions of section 104(a) and section 307(a) of this title." 
^2 stat. 889, 
EMERGENCY RELIEF 
SEC. 27. (a) The first sentence of section 125 of title 23, United 
States Code, is amended to read as follows: "An emergency fund is 
73 stat. 612. 
authorized for expenditure by the Secretary, subject to the provisions 
of this section and section 120, for the repair or reconstruction of high-
ways, roads, and trails which he shall find have suffered serious damage 
as the result of (1) natural disaster over a wide area such as by floods, 
hurricanes, tidal waves, earthquakes, severe storms, or landslides, or 
(2) catastrophic failures from any cause, in any part of the United 
States." 
(b) The first sentence of section 120(f) of title 23, United States 
Code, is amended by inserting after the period at the end the follow- 
78 stat. 1090; 
ing: "The Secretary may increase the Federal share payable on ^^ tat. 769. 
account of any repair or reconstruction under this section up to 100 
per centum of the replacement cost of a comparable facility if he 
determines it is in the public interest." 
(c) The amendments made by this section shall be applicable to 
Applicability. 
repair or reconstruction with respect to which project agreements 
have been entered into on or after January 1, 1968. 
TOLL ROADS 
SEC. 28. Section 129(b) of title 23 of the United States Code is 
^^ stat. 902. 
amended by adding at the end thereof the following: "After June 30, 
1968, all agreements between the Secretary and a State highway depart-
ment for the construction of projects on the Interstate System shall 
contain a clause providing that no toll road will be constructed after 
gress 
830 
PUBLIC LAW 90-495-AUG. 23, 1968 
[82 STAT. 
June 30, 1968, on the interstate highway route involved without the 
official concurrence of the Secretary. The Secretary shall not concur 
in any such construction unless he makes an affirmative finding that, 
under the particular circumstances existing, the construction of such 
road as a toll facility rather than a toll-free facility is in the public 
interest. The preceding two sentences shall not apply to any toll 
bridge or toll tunnel." 
H I G H W A Y STUDY—GUAM, AMERICAN SAMOA, AND T H E VIRGIN ISLANDS 
SEC. 29. (a) The Secretary of Transportation, in cooperation with 
the government of Guam, the government of American Samoa, and 
the government of the Virgin Islands, shall make studies of the need 
for, and estimates and planning surveys relative to, highway construc-
tion programs for Guam, American Samoa, and the Virgin Islands. 
Report to Con- 
^^^ Q^ ^j. ^gfore April 1, 1969, the Secretary of Transportation 
shall submit a report to the Congress which shall include— 
(1) an analysis of the adequacy of present highway programs 
to provide satisfactory highways in both the rural and urban areas 
in Guam, American Samoa, and the Virgin Islands; 
(2) specific recommendations as to a program for the construc-
tion of highways throughout Guam, American Samoa, and the 
Virgin Islands; and 
(3) a feasible program for implementing such specific recom-
mendations, including cost estimates, recommendations as to the 
inclusion of all or parts of such highways on the Federal-aid 
systems and as to the sharing of cost responsibilities, and other 
pertinent matters. 
(c) Costs of the studies required by this section shall be paid from 
funds made available to the Secretary under section 104(a) of title 
72 Stat. 889. 
£3, UuitedStates Code. 
RELOCATION 
ASSISTANCE 
SEC. 30. Title 23, United States Code, is hereby amended by adding 
at the end thereof a new chapter: 
"Chapter 5.—HIGHWAY RELOCATION ASSISTANCE 
"Sec. 
"501. Declaration of policy. 
"502. Assurances of adequate relocation assistance program. 
"503. Administration of relocation assistance program. 
"504. Federal reimbursement. 
"505. Relocation payments. 
"506. Replacement housing. 
"507. Expenses incidental to transfer of property. 
"508. Relocation services. 
"509. Relocation assistance programs on Federal highway projects. 
"510. Authority of Secretary. 
"511. Definitions. 
"§501. Declaration of policy 
"Congress hereby declares that the prompt and equitable relocation 
and reestablishment of persons, businesses, farmers, and nonprofit 
organizations displaced as a result of the Federal highway programs 
and the construction of Federal-aid highways is necessary to insure 
that a few individuals do not suffer disproportionate injuries as a 
result of programs designed for the benefit of the public as a whole. 
Therefore, Congress determines that relocation payments and advi-
sory assistance should be provided to all persons so displaced in accord-
ance with the provisions of this title. 
82 STAT. ] 
PUBLIC LAW 90-495-AUG. 23. 1968 
831 
"§502. Assurances of adequate relocation assistance program 
"The Secretary shall not approve any project under section 106 or 
section 117 of this title which will cause the displacement of any gor^^'sVat^o^Ts 
person, business, or farm operation unless he receives satisfactory 
assurances from the State highway department that— 
"(1) fair and reasonable relocation and other payments shall 
be afforded to displaced persons in accordance with sections 505, 
506, and 507 of this title; 
"(2) relocation assistance programs offering the services de-
scribed in section 508 of this title shall be afforded to displaced 
persons; and 
"(3) within a reasonable period of time prior to displacement 
there will be available, to the extent that can reasonably be accom-
plished, in areas not generally less desirable in regard to public 
utilities and public and commercial facilities and at rents or prices 
within the financial means of the families and individuals dis-
placed, decent, safe, and sanitary dwellings, as defined by the Sec-
retary, equal in number to the number of and available to such dis-
placed families and individuals and reasonably accessible to their 
places of employment. 
**§503. Administration of relocation assistance program 
"In order to prevent unnecessary expenses and duplication of func-
tions, a State highway department may make relocation payments or 
provide relocation assistance or otherwise carry out the functions re-
quired under this chapter by utilizing the facilities, personnel, and 
services of any other Federal, State, or local governmental agency 
having an established organization for conducting relocation assist-
ance programs. 
**§504. Federal reimbursement 
"(a) The Secretary shall approve, as a part of the cost of construc-
tion of a project under any Federal-aid highway program which he 
administers, the cost of providing the payments and services described 
in section 502, except that notwithstanding any other law, the Federal 
share of the first $25,000 of such payments to any person, on account 
of any real property acquisition or displacement occurring prior to 
July 1,1970, shall be increased to 100 per centum of such cost. 
"(b) Any project agreement with a State highway department 
executed before the date of enactment of this chapter with respect 
to property which has not been acquired as of the date of enactment 
of this chapter under any such program shall be amended to include 
the cost of providing the payments and services described in section 
502 with respect to such property. 
"§505. Relocation payments 
" (a) PAYMENTS FOR ACTUAL EXPENSES.—^Upon application approved 
by the State agency, a person displaced by any highway project ap-
proved under section 106 or section 117 of this title may elect to receive 
actual reasonable expenses in moving himself, his family, his business, 
or his farm operation, including personal property. 
"(b) OPTIONAL PAYMENTS—DWELLINGS.—Any displaced person 
who moves from a dwelling who elects to accept the payments author-
ized by this subsection in lieu of the payments authorized by subsection 
(a) of this section may receive— 
"(1) a moving expense allowance, determined according to a 
schedule established by the Secretary, not to exceed $200; and 
" (2) a dislocation allowance of $100. 
"(c) 
OPTIONAL PAYMENTS—BUSINESSES AND FARM OPERATIONS.— 
Any displaced person who moves or discontinues his business or farm 
operation who elects to accept the payment authorized by this section in 
B32 
PUJBLIC LAW 90-495-AUG. 23, 1968 
[82 STAT. 
lieu of the payment authorized by subsection (a) of this section, may 
receive a fixed relocation payment in an amount equal to the average 
annual net earnings of the business or farm operation, or $5,000, which-
ever is the lesser. In the case of a business, no payment shall be made 
under this subsection unless the State agency is satisfied that the 
business (1) cannot be relocated without a substantial loss of its exist-
ing patronage, and (2) is not part of a commercial enterprise having 
at least one other establishment, not being acquired by the State or 
by the United States, which is engaged in the same or similar business, 
nuafnere^artf" 
^^^ purposcs of this subsectiou, the term 'average annual net earnings' 
ings." 
means one-half of any net earnings of the business or farm operation, 
before Federal, State, and local income taxes, during the two taxable 
years immediately preceding the taxable year in which such business 
or farm operation moves from the real property acquired for such proj-
ect, and includes any compensation paid by the business or farm opera-
tion to the owner, his spouse, or his dependents during such two-year 
period. 
^§506. Replacement housing 
"(a) In addition to amounts otherwise authorized by this title, the 
State agency shall make a payment to the owner of real property 
acquired for a project which is improved by a single-, two-, or three-
family dwelling actually owned and occupied by the owner for not 
less than one year prior to the initiation of negotiations for the acquisi-
tion of such property. Such payment, not to exceed $5,000, shall be the 
amount, if any, which, when added to the acquisition payment, equals 
the average price required for a comparable dwelling determined, in 
accordance with standards established by the Secretary, to be a decent, 
safe, and sanitary dwelling adequate to accommodate the displaced 
owner, reasonably accessible to public services and places of employ-
ment and available on the private market. Such payment shall be 
made only to a displaced owner who purchases and occupies a dwell-
ing within one year subsequent to the date on which he is required to 
move from the dwelling acquired for the project. No such payment 
shall be required or included as a project cost under section 504 of this 
title if the owner-occupant receives a payment required by the State 
law of eminent domain which is determined by the Secretary to have 
substantially the same purpose and effect as this section and to be 
part of the cost of the project for which Federal financial assistance 
is available. 
"(b) In addition to amounts otherwise authorized by this title, the 
State agency shall make a payment to any individual or family dis-
placed from any dwelling not eligible to receive a payment under sub-
section (a) of this section which dwelling was actually and lawfully 
occupied by such individual or family for not less than 90 days prior 
to the initiation of negotiations for acquisition of such property. Such 
payment, not to exceed $1,500, shall be the amount which is necessary 
to enable such person to lease or rent for a period not to exceed 2 years, 
or to make the down payment on the purchase of, a decent, safe, and 
sanitary dwelling of standards adequate to accommodate such indi-
vidual or family in areas not generally less desirable in regard to 
public utilities and public and commercial facilities. 
"§507. Expenses incidental to transfer of property 
"(a) In addition to amounts otherwise authorized by this title, the 
State shall reimburse the owner of real property acquired for a project 
for reasonable and necessary expenses incurred for (1) recording fees, 
transfer taxes, and similar expenses incidental to conveying such prop-
68A Stat. 3. 
26 use 1 et aeq. 
82 STAT. ] 
PUBLIC LAW 90-495-AUG. 23, 1968 
83a 
erty; (2) penalty costs for prepayment of any mortgage entered into 
in good faith encumbering such real property if such mortgage is on 
record or has been filed for record under applicable State law on the 
date of final approval by the State of the location of such project; and 
(3) the pro rata portion of real property taxes paid which are allo-
cable to a period subsequent to the date of vesting of title in the State, 
or the ejffective date of the possession of such real property by the 
State, whichever is earlier. 
" (b) No payment received under this chapter shall be considered as 
income for the purposes of the Internal Revenue Code of 1954, or for 
the purpose of determining the eligibility or the extent of eligibility of 
any person for assistance under the Social Security Act or any other 
49 stat. 620. 
Federal law. 
^ 
42 use 1305. 
"§508. Relocation services 
"(a) Each State shall provide a relocation advisory assistance pro-
gram which shall include such measures, facilities, or services as may 
be necessary or appropriate in order— 
"(1) to determine the needs, if any, of displaced families, indi-
viduals, business concerns, and farm operators for relocation 
assistance; 
" (2) to assure that, within a reasonable period of time, prior to 
displacement there will be available, to the extent that can reason-
ably be accomplished, in areas not generally less desirable in regard 
to public utilities and public and commercial facilities and at rents 
or prices within the financial means of the families and individ-
uals displaced, housing meeting the standards established by the 
Secretary for decent, safe, and sanitary dwellings, equal in number 
to the number of, and available to, such displaced families and 
individuals 
and 
reasonably 
accessible 
to 
their 
places 
of 
employment; 
' (3) to assist owners of displaced businesses and displaced 
farm operators in obtaining and becoming established in suitable 
locations; and 
"(4) to supply information concerning the Federal Housing 
Administration home acquisition program under section 221(d) 
(2) of the National Housing Act, the small business disaster loan 
73 stat. 659. 
program under section 7(b) (3) of the Small Business Act, and 
Po^<f p/sss^.' 
other State or Federal programs offering assistance to displaced 
persons. 
"(b) Nothing in this chapter shall be construed to prohibit any 
person from exercising any right or remedy available to him under 
State law with respect to any action of a State agency in carrying out 
this chapter. 
*
*
§ 509. Relocation assistance programs on Federal highway proj-
ects 
"Notwithstanding any other provision of law, on and after the effec-
tive date of this title any Federal agency which acquires real property 
for use in connection w'th a highway project authorized by section 107 
and chapter 2 of this title or any other Federal law shall, in accordance 
72 stajt. 892 
with regulations issued by the Secretary, provide the payments and 
services described in sections 502, 505, 506, 507, and 508 of this title. 
When real property is acquired by a State or local governmental agency 
for such a Federal project for purposes of this chapter, the acquisition 
shall be deemed an acquisition by the Federal agency having authority 
over such project. 
23 use 201-214. 
834 
PUBLIC LAW 90-495-AUG. 23, 1968 
[82 STAT< 
"§510. Authority of the Secretary 
"(a) To carry into effect the provisions of this chapter, the Secre-
tary is authorized to make such rules and regulations as he may deter-
mine to be necessary to assure— 
"(1) that the payments authorized by this chapter shall be fair 
and reasonable and as uniform as practicable; 
"(2) that a displaced person who makes proper application for 
a payment authorized for such person by this chapter shall be 
paid promptly after a move or, in hardship cases, be paid in 
advance; and 
"(3) that any person aggrieved by a determination as to eligi-
bility for a payment authorized by this chapter, or the amount of 
a payment, may have his application reviewed by the head of the 
State agency making such determination. 
"(b) The Secretary may make such other rules and regulations 
consistent with the provisions of this chapter as he deems necessary or 
appropriate to carry out this chapter. 
"§511. Definitions 
"As used in this chapter— 
" (1) The term 'person' means— 
"(A) any individual, partnership, corporation, or associa-
tion which is the owner of a business; 
"(B) any owner, part owner, tenant, or sharecropper who 
operates a farm; 
"(C) an individual who is the head of a family; or 
"(D) an individual not a member of a family. 
"(2) The term 'family' means two or more individuals living 
together in the same dwelling unit who are related to each other 
by blood, marriage, adoption, or legal guardianship. 
"(3) The term 'displaced person' means any person who moves 
from real property on or after the effective date of this chapter as a 
result of the acquisition or reasonable expectation of acquisition 
of such real property, which is subsequently acquired, in whole or 
in part, for a Federal-aid highway, or as the result of the acquisi-
tion for a Federal-aid highway of other real property on which 
such person conducts a business or farm operation. 
"(4) The term 'business' means any lawful activity conducted 
primarily— 
" (A) for the purchase and resale, manufacture, processing, 
or marketing of products, commodities, or any other personal 
property; 
"(B) for the sale of services to the public; or 
"(C) by a nonprofit organization. 
"(5) The term 'farm operation' means any activity conducted 
solely or primarily for the production of one or more agricultural 
products or commodities for sale and home use, and customarily 
producing such products or commodities in sufficient quantity to be 
capable of contributing materially to the operator's support. 
" (6) The term 'Federal agency' means any department, agency, 
or instrumentality in the executive branch of the Government and 
any corporation wholly owned by the Government. 
"(7) The term 'State agency' means a State highway depart-
ment or any agency designated by a State highway department to 
82 STAT. ] 
PUBLIC LAW 90-495-AUG. 23, 1968 
835 
administer the relocation assistance program authorized by this 
chapter." 
SMALL BUSINESS 
ACT 
SEC. 31. Paragraph (3) of section 7(b) of the Small Business Act 
(15 U.S.C. 636 (b) (3)) is amended to read as follows: 
. 
. 
" ^'^'- ^^'^• 
"(3) to make such loans (either directly or in cooperation with 
banks or other lending institutions through agreements to par-
ticipate on an immediate or deferred basis) as the Administration 
may determine to be necessary or appropriate to assist any small 
business concern in continuing in business at its existing location, 
in reestablishing its business, in purchasing a business, or in estab-
lishing a new business, if the Administration determines that such 
concern has suffered substantial economic injury as the result of 
its displacement by, or location in, adjacent to, or near, a federally 
aided urban renewal program or a highway project or any other 
construction constructed by or with funds provided in whole or in 
part by the Federal Government; and the purpose of a loan made 
pursuant to such project or program may, in the discretion of the 
Administration, include the purchase or construction of other 
premises whether or not the borrower owned the premises 
occupied by the business; and". 
E M I N E N T 
DOMAIN 
SEC. 32. Nothing contained in chapter 5 of title 23, United States 
Code, shall be construed as creating in any condemnation proceedings 
^"'®' P- ^30. 
brought under the power of eminent domain, any element of damages 
not in existence on the date of enactment of such chapter 5. 
A N N U A L REPORT 
SEC. 33. The Secretary of Transportation shall report annually to 
Report to con-
Congress, but no later than January 15 of each year, concerning his ^'"^^^" 
administration of chaj)ter 5 of title 23, United States Code, together 
with his recommendations, including any necessary legislation with 
respect to such chapter. 
FEDERAL SHARE 
SEC. 34. Section 120(a) of title 23, United States Code, is hereby 
^2 stat. 898. 
amended to read as follows: 
"(a) Subject to the provisions of subsection (d) of this section, the 
Federal share payable on account of any project, financed with pri-
mary, secondary, or urban funds, on the Federal-aid primary system 
and the Federal-aid secondary system shall either (^A) not exceed 50 
per centum of the cost of construction, except that m the case of any 
State containing nontaxable Indian lands, individual and tribal, and 
public domain lands (both reserved and unreserved) exclusive of 
national forests and national parks and monuments, exceeding 5 per 
centum of the total area of all lands therein, the Federal share shall be 
increased by a percentage of the remaining cost equal to the percentage 
that the area of all such lands in such State, is of its total area, or (B) 
not exceed 50 per centum of the cost of construction, except that in the 
case of any State containing nontaxable Indian lands, individual and 
tribal, public domain lands (both reserved and unreserved), national 
836 
PUBLIC LAW 90-495-AUG. 23, 1968 
[82 STAT. 
forests, and national parks and monuments, the Federal share shall be 
increased by a percentage of the remaining cost equal to the percentage 
that the area of all such lands in such State is of its total area, except 
that the Federal share payable on any project in a State shall not 
exceed 95 per centum of the total cost of any such project. In any case 
where a State elects to have the Federal share provided in clause (B) 
of this subsection, the State must enter into an agreement with the Sec-
retary covering a period of not less than one year, requiring such State 
to use solely for highway construction purposes (other than paying its 
share of projects approved under this title) during the period cov-
ered by such agreement the difference between the State's share as pro-
vided in clause (B) and what its share would be if it elected to pay the 
share provided in clause (A) for all projects subject to such agree-
ment." 
REAL PROPERTY ACQUISITION 
POLICIES 
823, 826. 
^^"'&26^' ^^°' 
SEC. 35. (a) Chapter 1 of title 23, United States Code, is amended 
by adding at the end thereof the following: 
"§141. Real property acquisition policies 
"Before approving projects under this chapter, the Secretary shall 
obtain from the State highway department the following assurances: 
"(1) that every reasonable effort shall be made to acquire the 
real property by negotiation; 
" (2) that the construction of projects shall be so scheduled that 
to the greatest extent practicable no person lawfully occupying 
the real property shall be required to move from his home, farm, 
or business location without at least 90 days' written notice from 
the State or political subdivision having responsibility for such 
acquisition; and 
"(3) that it will be the policy of the State, before initiating 
negotiations for real property, to establish an amount which is 
believed to be just compensation, under the law of the State, and 
to make a prompt offer to acquire the property for the full amount 
so established." 
(b) The analysis of chapter 1 of title 23, United States Code, is 
amended by adding at the end thereof the following: 
"141. Real property acquisition policies." 
SEPARABILITY 
SEC. 36. If any provision of this Act (including the amendments 
made by this Act), or the application thereof to any person or circum-
stance is held invalid, the remainder of this Act and the application of 
the provision to other persons or circumstances shall not be affected 
thereby. 
EFFECTIVE DATE 
SEC. 37. This Act and the amendments made by this Act shall take 
eft'ect on the date of its enactment, except that until July 1, 1970, 
sections 502, 505, 506, 507, and 508 of title 23, United States Code, as 
added by this Act, shall be applicable to a State only to the extent that 
such State is able under its laws to comply with such sections. After 
July 1,1970, such sections shall be completely applicable to all States. 
Section 133 of title 23, United States Code, shall not apply to any 
State if sections 502, 505, 506, 507, and 508 of title 23, United States 
Ante, p. 830. 
Code, are applicable in that State, and effective July 1, 1970, such 
Repeal. 
seotiou 133 is repealed. 
Approved August 23, 1968. 
Ante, p. 830. 
76 Stat. 1146.