Surface Transportation and Uniform Relocation Assistance Act of 1987
PL 100-17 (H.R.2), enacted 04/02/1987

101 STAT. 132 
PUBLIC LAW 100-17—APR. 2, 1987 
Public Law 100-17 
100th Congress 
An Act 
Apr. 2, 1987 
[H.R. 2] 
Surface 
Transportation 
and Uniform 
Relocation 
Assistance Act of 
1987. 
State and local 
governments. 
23 u s e 101 note. 
To authorize funds for construction of highways, for highway safety programs, and 
for mass transportation programs, to expand and improve the relocation assistance 
program, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Surface Transpor-
tation and Uniform Relocation Assistance Act of 1987". 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
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Sec. 2. Secretary defined. 
TITLE I—FEDERAL-AID HIGHWAY ACT OF 1987 
Sec. 101. Short title. 
Sec. 102. Approval of interstate cost estimate and extension of interstate program. 
Sec. 103. Approval of cost estimate and authorization of appropriations for inter-
state substitute projects. 
Sec. 104. Authorization of appropriations for interstate system construction. 
Sec. 105. Obligation ceiling. 
Sec. 106. Authorization of appropriations. 
Sec. 107. Federal-aid primary formula. 
Sec. 108. Elimination of roadside obstacles. 
Sec. 109. Emergency call boxes. 
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Sec. 110. Vending machines and State police barracks. 
Sec. 111. Contracts. 
Sec. 112. Convict produced materials. 
Sec. 113. Advance construction. 
Sec. 114. Interstate discretionary funds. 
Sec. 115. Flexibility of use of highway funds. 
Sec. 116. Interstate 4R program. 
Sec. 117. Federal share. 
Sec. 118. Emergency relief. 
Sec. 119. Vehicle weight. 
Sec. 120. Toll facilities. 
Sec. 121. Railway-highway crossings. 
Sec. 122. Indian employment and contracting. 
Sec. 123. Bridge program. 
Sec. 124. Minimum allocation. 
Sec. 125. National bridge inspection program. 
Sec. 126. Income from airspace rights-of-way. 
Sec. 127. Funding for bicycle projects. 
Sec. 128. Strategic highway research program. 
Sec. 129. Highway planning and research. 
Sec. 130. Wildflowers. 
Sec. 131. National Highway Institute. 
Sec. 132. Prohibition against disclosure and admission as evidence of State reports 
and surveys. 
Sec. 133. Highway technical amendments. 
Sec. 134. Forest highways. 
Sec. 135. Regulation of tolls. 
Sec. 136. Implementation of certain orders. 
Sec. 137. Combined road plan demonstration program. 
Sec. 138. Project eligibility. 
Sec. 139. Eligibility of park and ride facilities. 
Sec. 140. Planning, design, and construction. 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 133 
Sec. 141. Transfer of interstate lanes. 
Sec. 142. Substitute transit project in Oregon. 
Sec. 143. Payback of right-of-way expenses. 
Sec. 144. Georgia State route 400. 
Sec. 145. Exemption from right-of-way restriction. 
Sec. 146. Right-of-way donation. 
Sec. 147. Shirley Highway traffic restrictions. 
Sec. 148. Railroad relocation and demonstration program. 
Sec. 149. Demonstration and priority projects. 
Sec. 150. Cumberland Gap National Historical Park, Virginia. 
Sec. 151. Delaware River bridges. 
Sec. 152. Prohibition on widening certain routes through historic district. 
Sec. 153. Urban high density program. 
Sec. 154. Signs identifying funding sources. 
Sec. 155. Salvage operation. 
Sec. 156. Release of condition relating to conveyance of a certain highway. 
Sec. 157. Maryland interstate transfer. 
Sec. 158. Motor vehicle study. 
Sec. 159. Rail-highway crossings study. 
Sec. 160. Study of highway bridges which cross rail lines. 
Sec. 161. Parking for handicapped persons. 
,.-.: 
Sec. 162. Bridge management study. 
Sec. 163. State maintenance program study. 
Sec. 164. Feasibility study of using highway electrification systems. 
Sec. 165. Cost effectiveness study of highway upgrading. 
Sec. 166. Highway feasibility study. 
Sec. 167. California feasibility study. 
Sec. 168. New York feasibility study. 
Sec. 169. Florida feasibility study. 
Sec. 170. Virgin Islands feasibility study. 
Sec. 171. Study of ferry boat service. 
Sec. 172. Review of reports on United States route 13 relief route. 
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Sec. 173. Use of rock salt on highways. 
Sec. 174. 55-miles per hour speed limit. 
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TITLE II—HIGHWAY SAFETY ACT OF 1987 
Sec. 201. Short title. 
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Sec. 202. Highway safety. 
Sec. 203. Alcohol traffic safety programs. 
Sec. 204. Schoolbus safety measures. 
Sec. 205. Standards for splash and spray suppressant devices. 
Sec. 206. Highway safety program amendments. 
Sec. 207. Highway safety education and information. 
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Sec. 208. Older driver study. 
Sec. 209. Rescission of contract authority. 
TITLE III—FEDERAL MASS TRANSPORTATION ACT OF 1987 
Sec. 301. Short title. 
Sec. 302. Letters of intent. 
Sec. 303. Criteria for new starts. 
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Sec. 304. Report on funding levels and allocations of funds. 
Sec. 305. Allocation of section 3 funds. 
Sec. 306. Advance construction. 
Sec. 307. Section 4(hXl) reports. 
Sec. 308. Leased property. 
Sec. 309. Bus remanufacturing and overhauling of rolling stock. 
Sec. 310. Long-term financial planning. 
Sec. 311. Use of lapsed section 9A and section 9 funds. 
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Sec. 312. Block grant program amendments. 
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Sec. 313. Section 9B program. 
Sec. 314. University transportation centers. 
Sec. 315. Sole source procurements. 
Sec. 316. Contracting for engineering and design services. 
Sec. 317. Bus testing. 
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Sec. 318. Rulemaking. 
Sec. 319. Preaward and postdelivery audit of bus purchases. 
Sec. 320. Removal of limitation on the source of funding for innovative manage-
ment grants. 
Sec. 321. Federal share for elderly and handicapped projects. 
Sec. 322. Rural transportation equity. 
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101 STAT. 134 
PUBLIC LAW 100-17—APR. 2, 1987 
Sec. 323. Rural transit assistance program. 
Sec. 324. Project management oversight. 
Sec. 325. Crime prevention and security. 
Sec. 326. Bicycle facilities. 
Sec. 327. Transit technical amendments. 
Sec. 328. Authorizations. 
Sec. 329. Increased operating assistance during construction of interstate project. 
Sec. 330. Bus service deterioration. 
Sec. 331. BART study. 
Sec. 332. Tactile mobility aids. 
Sec. 333. Feasibility study of electric bus line. 
Sec. 334. Feasibility study of abandoned trolley service. 
Sec. 335. Comprehensive transit plan for the Virgin Islands. 
Sec. 336. Transfer of section 9 funds. 
Sec. 337. Buy America. 
Sec. 338. Multi-year contract for Metro Rail Project. 
Sec. 339. Bus carrier certificates for recipients of governmental assistance. 
Sec. 340. Utilization 
requirement 
for 
certificates 
authorizing 
intrastate 
bus 
operations. 
TITLE IV—UNIFORM RELOCATION ACT AMENDMENTS OF 1987 
Sec. 401. Short title. 
Sec. 402. Definitions. 
Sec. 403. Certification. 
Sec. 404. Declaration of findings and policy. 
Sec. 405. Moving and related expenses. 
Sec. 406. Replacement housing for homeowner. 
Sec. 407. Replacement housing for tenants and certain others. 
Sec. 408. Relocation planning, assistance coordination, and advisory services. 
Sec. 409. Housing replacement by Federal agency as last resort. 
Sec. 410. Assurances. 
Sec. 411. Federal share of costs. 
Sec. 412. Duties of lead Eigency. 
Sec. 413. Payments under other laws. 
Sec. 414. Transfer of surplus property. 
Sec. 415. Repeals. 
Sec. 416. Uniform policy on real property acquisition practices. 
Sec. 417. Assurances. 
Sec. 418. Effective date. 
TITLE V—HIGHWAY REVENUE ACT OF 1987 
Sec. 501. Short title. 
Sec. 502. 5-year extension of Highway Trust Fund taxes and related exemptions. 
Sec. 503. 5-year extension of Highway Trust Fund. 
Sec. 504. Certain transfers from Highway Trust Fund to be made proportionately 
from Mass Transit Account. 
Sec. 505. Treatment of long-term lessors of heavy trucks and trailers. 
Sec. 506. Determination of price where tax paid by manufacturer. 
Sec. 507. Imposition of highway use tax on all motor vehicles operating in United 
States. 
Sec. 508. Application of certain revenue rulings. 
23 u s e 101 note. 
SEC. 2. SECRETARY DEFINED. 
As used in this Act, the term "Secretary" means the Secretary of 
Transportation. 
ntt^y^Act o
f TITLE I—FEDERAL-AID HIGHWAY ACT OF 
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1987 
23 u s e 101 note. 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Federal-Aid Highway Act of 1987". 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 135 
SEC. 102. APPROVAL OF INTERSTATE COST ESTIMATE AND EXTENSION OF 
INTERSTATE PROGRAM. 
(a) FISCAL YEAR 1988.—The Secretary shall apportion for fiscal 
23USC104note. 
year 1988 the sums authorized to be appropriated for such year by 
section 108(b) of the Federal-Aid Highway Act of 1956 for expendi- 
23 USC lOl note, 
ture on the National System of Interstate and Defense Highways, 
using the apportionment factors contained in revised table 5 of the 
Committee Print Numbered 100-5 of the Committee on Public 
Works and Transportation of the House of Representatives. 
Qa) EXTENSION OF INTERSTATE PROGRAM THROUGH FISCAL YEAR 
1993.— 
(1) EXTENSION OF ICE APPROVAL PROCESS.—Section 10403)(5)(A) 
of title 23, United States Code, is amended by inserting after 
"September 30, 1990." the following: "The Secretary shall make 
a revised estimate of the cost of completing the then designated 
, 
,, 
Interstate System after taking into account all previous appor- 
^ 
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tionments made under this section in the same manner as 
stated above, and transmit the same to the Senate and the 
House of Representatives within 10 days subsequent to January 
2, 1989. Upon the approval by Congress, the Secretary shall use 
the Federal share of such approved estimates in making appor-
tionments for the fiscal years 1991 and 1992. The Secretary 
shall make a revised estimate of the cost of completing the then 
designated Interstate System after taking into account all pre-
vious 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 10 days subsequent to 
January 2, 1991. Upon the approval by Congress, the Secretary 
shall use the Federal share of such approved estimates in 
making apportionments for the fiscal year 1993.". 
(2) ADMINISTRATIVE ADJUSTMENT OF ICE; EXCESS APPORTION-
MENTS.—Such section 1040t))(5)(A) is further amended by adding 
at the end the following: "On October 1 of each of fiscal years 
1988, 1989, 1990, and 1991, whenever Congress has not approved 
a cost estimate under this subparagraph, the Secretary shall 
make the apportionment required by this subparagraph using 
the Federal share of the last estimate submitted to Congress, 
adjusted to reflect (i) all previous credits, apportionments of 
interstate construction funds and lapses of previous apportion-
ments of interstate construction funds, (ii) previous withdrawals 
of interstate segments, (iii) previous allocations of interstate 
discretionary funds, and (iv) transfers of interstate construction 
funds. If, before apportionment of funds under this subpara-
graph for any fiscal year, the Secretary and a State highway 
department agree that a portion of the apportionment to such 
State is not needed for such fiscal year, the amount of such 
portion shall be made available under section 118(b)(2) of this 
title.". 
(3) CONFORMING AMENDMENT.—The second paragraph of sec-
tion 101(b) of such title is amended— 
(A) by striking out "thirty-four years' " and inserting in 
lieu thereof "thirty-seven years' "; and 
(B) by striking out "1990" and inserting in lieu thereof 
"1993". 
(c) MINIMUM APPORTIONMENT.—For any fiscal year beginning Alaska, 
after September 30, 1987, no State, including the State of Alaska, 
23 USC 104 note. 
101 STAT. 136 
PUBLIC LAW 100-17—APR. 2, 1987 
shall receive less than ¥2 of 1 percent of the total apportionment for 
the Interstate System under section 104(b)(5)(A) of title 23, United 
ji.., I 
^isi 
* States Code. Whenever amounts made availalDle under this subsec-
tion for the Interstate System in any State exceed the estimated cost 
.1.)," •' j?s^. tiL of completing that State's portion of the Interstate System, and 
exceed the estimated cost of necessary resurfacing, restoration, 
rehabilitation, and reconstruction of the Interstate System within 
such State, the excess amount shall be eligible for expenditure for 
those purposes for which funds apportioned under paragraphs (1), 
(2), and (6) of such section 104(b) may be expended and shall also be 
available for expenditure to carry out section 152 of title 23, United 
States Code. 
SEC. 103. APPROVAL OF COST ESTIMATE AND AUTHORIZATION OF APPRO-
PRIATIONS FOR INTERSTATE SUBSTITUTE PROJECTS. 
23 use 103 note. 
(a) FiscAL YEAR 1987.—The Secretary shall apportion for fiscal 
year 1987 the sums to be apportioned for such year under section 
103(e)(4) of title 23, United States Code, for expenditure on sub-
stitute highway and transit projects, using the apportionment fac-
tors contained in the Committee Print Numbered 100-6 of the 
Committee on Public Works and Transportation of the House of 
Representatives. 
(b) AUTHORIZATION OF APPROPRIATIONS; PERIOD OF AVAILABILITY OF 
APPORTIONED FUNDS; EXTENSION OF SUBSTITUTE ICE APPROVAL PROC-
ESS.—Section 103(e)(4) of title 23, United States Code, is amended to 
read as follows: 
"(4) INTERSTATE SUBSTITUTE PROGRAM.— 
"(A) WITHDRAWAL OF APPROVAL.—Upon the joint request 
of a State Governor and the local governments concerned, 
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the Secretary may withdraw approval of any route or por-
tion thereof on the Interstate System which was selected 
and approved in accordance with this title, if the Secretary 
determines that such route or portion thereof is not essen-
'^ 
tial to completion of a unified and connected Interstate 
System and if the Secretary receives assurances that the 
State does not intend to construct a toll road in the traffic 
corridor which would be served by the route or portion 
>e 
thereof. 
"(B) SUBSTITUTE PROJECTS.—When the Secretary with-
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draws approval under this paragraph, a sum equal to the 
Federal share of the cost to complete the withdrawn route 
or portion thereof, as that cost is included in the latest 
Interstate System cost estimate approved by Congress, or 
up to and including the 1983 interstate cost estimate, 
whichever is earlier, subject to increase or decrease, as 
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determined by the Secretary based on changes in construc-
tion costs of the withdrawn route or portion thereof as of 
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the date of approval of each substitute project under this 
paragraph, or the date of approval of the 1983 interstate 
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cost estimate, whichever is earlier, shall be available to the 
Secretary to incur obligations for the Federal share of 
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either public mass transit projects involving the construc-
tion of fixed rail facilities or the purchase of passenger 
i03'3 
equipment including rolling stock, for any mode of mass 
transit, or both, or highway construction projects on any 
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public road, or both, which will serve the area or areas from 
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which the interstate route or portion thereof was with-
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 137 
drawn, which are selected by the responsible local officials 
of the area or areas to be served, and which are selected by 
the Governor or the Governors of the State or the States in 
which the withdrawn route was located if the withdrawn 
route was not within an urbanized area or did not pass 
through and connect urbanized areas, and which are 
submitted by the Governors of the States in which the 
withdrawn route was located. Each project constructed 
under this paragraph on a Federal-aid system shall be 
subject to the provisions of this title applicable to such 
system. Each project constructed under this paragraph not 
on a Federal-aid system shall be subject to the provisions of 
this title applicable to projects on the Federal-aid secondary 
system. 
"(C) DEADLINE FOR WITHDRAWAL.—The Secretary shall 
not approve any withdrawal of a route under this para-
graph after September 30,1983— 
"(i) except that with respect to any route which on 
November 6, 1978, is under judicial injunction prohibit-
ing its construction 
the Secretary may 
approve 
withdrawals until September 30,1986, and 
"(ii) except that with respect to any route which on 
May 12, 1982, is under judicial injunction prohibiting 
its construction, the Secretary may approve withdraw-
als on such route until September 30,1985. 
"(D) PROJECT APPROVAL; FEDERAL SHARE.—Approval by 
the Secretary of the plans, specifications, and estimates for 
a substitute project shall be deemed to be a contractual 
obligation of the Federal Government. The Federal share of 
each substitute project shall not exceed 85 percent of the 
cost thereof. 
"(E) AVAILABILITY OF FUNDS FOR SUBSTITUTE PROJECTS.— 
"(i) TIME PERIOD.—The sums apportioned and the 
sums allocated under this paragraph for public mass 
transit projects and for highway construction projects 
in a State shall remain available for obligation in such 
State for the fiscal year for which apportioned or allo-
cated, as the case may be, and for the succeeding fiscal 
year. 
"(ii) REAPPORTIONMENT OR REALLOCATION.—Any sums 
which are apportioned or allocated to a State and are 
unobligated (other than an amount which, by itself, is 
insufficient to pay the Federal share of the cost of a 
substitute project which has been submitted by the 
State to the Secretary for approval) at the end of the 
period of availability established by clause (i) shall be 
apportioned or allocated, as the case may be, among 
those States which have obligated all sums (other than 
such an amount) apportioned or allocated, as the case 
may be, to them. Such reapportionments shall be in 
accordance with the latest approved or adjusted esti-
mate of the cost of completing substitute projects, and 
such reallocations shall be at the discretion of the 
Secretary. 
"(F) ADMINISTRATION OF TRANSIT FUNDS.—The sums obli-
gated for mass transit projects under this paragraph shall 
101 STAT. 138 
PUBLIC LAW 100-17—APR. 2, 1987 
become part of, and be administered through, the Urban 
V 
Mass Transportation Fund. 
; 
"(G) 
AUTHORIZATION OF APPROPRIATIONS FOR HIGHWAY 
PROJECTS.—For the fiscal year ending September 30, 1983, 
;- 
. $257,000,000 shall be available out of the Highway Trust 
Fund for expenditure at the discretion of the Secretary for 
projects under highway assistance programs. There shall be 
available, out of the Highway Trust Fund (other than the 
, : 
Mass Transit Account), to the Secretary for expenditure 
under this paragraph for projects under highway assistance 
programs $700,000,000 per fiscal year for each of fiscal 
, years 1984 and 1985, $693,825,000 for fiscal year 1986, and 
$740,000,000 per fiscal year for each of fiscal years 1987, 
1988,1989,1990, and 1991. 
"(H) DISTRIBUTION OF SUBSTITUTE HIGHWAY FUNDS.— 
"(i) BETWEEN DISCRETIONARY AND APPORTIONED PRO-
GRAMS.—Subject to section 149(d) of the Federal-Aid 
Highway Act of 1987, 25 percent of the funds made 
available by subparagraph (G) for each of fiscal years 
1984, 1985, 1986, 1987, 1988, 1989, 1990, and 1991 for 
substitute highway projects under this paragraph shall 
be distributed at the discretion of the Secretary. The 
remaining 75 percent of such funds shall be appor-
tioned in accordance with cost estimates approved by 
Congress or adjusted by the Secretary. 
"(ii) FISCAL YEARS 1985, 
1986, AND 1987 APPORTION-
MENTS.—The Secretary shall make a revised estimate 
,. 
of the cost of completing substitute highway projects 
.' 
under this paragraph and transmit the same to the 
^." ' 
Senate and the House of Representatives within 10 
days subsequent to January 2, 1984, and upon approval 
by Congress, the Secretary shall use the Federal share 
of such approved estimate in making apportionments 
for substitute highway projects for fiscal years 1985, 
1986, and 1987. 
"(iii) FISCAL YEARS 1988, 1989, 1990, AND 199I APPOR-
TIONMENTS.—The Secretary shall make a revised esti-
mate of the cost of completing substitute highway 
projects under this paragraph and transmit the same to 
the Senate and the House of Representatives as soon as 
practicable after the date of the enactment of the 
Federal-Aid Highway Act of 1987. Upon approval by 
Congress, the Secretary shall use the Federal share of 
such approved estimate in making apportionments for 
substitute highway projects for fiscal year 1988. If such 
> 
estimate is not approved by Congress by September 30, 
1987, the Secretary shall adjust such estimate in 
accordance with this clause and use the Federal share 
of the adjusted estimate in making apportionments for 
fiscal year 1988. The Secretary shall adjust such esti-
mate annually thereafter in accordance with this 
clause and shall use the Federal share of such adjusted 
estimate in making apportionments for substitute high-
way projects for fiscal years 1989, 1990, and 1991. The 
adjustments required by this clause shall reflect pre-
vious withdrawals of interstate segments, changes in 
' 
t State estimates in the division of funds between sub-
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 139 
stitute highway and transit projects, amounts made 
available in prior fiscal years, and the availability and 
reapportionment of funds under subparagraph (E). 
"(I) 
AUTHORIZATION 
OF APPROPRIATIONS FOR TRANSIT 
PROJECTS.—There are authorized to be appropriated for 
liquidation of obligations incurred for substitute transit 
projects under this paragraph the sums provided in section 
4(g) of the Urban Mass Transportation Act of 1964. 
49 USC app. 
"(J) DISTRIBUTION OF SUBSTITUTE TRANSIT FUNDS.— 
1603. 
"(i) BETWEEN DISCRETIONARY AND APPORTIONED PRO-
GRAMS.—Fifty percent of the funds appropriated for 
each fiscal year beginning after September 30, 1983, for 
carrying out substitute transit projects under this para-
graph shall be distributed at the discretion of the Sec-
retary. The remaining 50 percent of such funds shall be 
apportioned in accordance with cost estimates ap-
proved by Congress or adjusted by the Secretary. 
"(ii) FISCAL YEARS I985, 1986, AND I987 APPORTION-
MENTS.—The Secretary shall make a revised estimate 
of the cost of completing substitute transit projects 
under this paragraph and transmit the same to the 
Senate and the House of Representatives within 10 
days subsequent to January 2, 1984, and upon approval 
by Congress, the Secretary shall use the Federal share 
of such approved estimate in making apportionments 
for substitute transit projects for fiscal years 1985, 
1986, and 1987. 
"(iii) FISCAL YEARS I988, 1989, 1990, AND 199I APPOR-
TIONMENTS.—The Secretary shall make a revised esti-
mate of the cost of completing substitute transit 
projects under this paragraph and transmit the same to 
the Senate and the House of Representatives as soon as 
practicable after the date of the enactment of the 
Federal-Aid Highway Act of 1987. Upon approval by 
Congress, the Secretary shall use the Federal share of 
such approved estimate in making apportionments for 
substitute transit projects for fiscal year 1988. If such 
estimate is not approved by Congress by September 30, 
1987, the Secretary shall adjust such estimate in 
accordance with this clause and use the Federal share 
of the adjusted estimate in making apportionments for 
fiscal year 1988. The Secretary shall adjust such esti-
mate annually thereafter in accordance with this 
clause and shall use the Federal share of such adjusted 
estimate in making apportionments for substitute tran-
sit projects for fiscal years 1989, 1990, and 1991. The 
adjustments required by this clause shall reflect pre-
vious withdrawals of Interstate segments, changes in 
State estimates in the division of funds between sub-
stitute highway and transit projects, amounts made 
available in prior fiscal years, and the availability and 
reapportionment of funds under subparagraph (E). 
"(K) REDUCTION OF INTERSTATE APPORTIONMENT.— 
"(i) IN GENERAL.—Unobligated apportionments for 
the Interstate System in any State where a withdrawal 
is approved under this paragraph shall, on the date of 
such approval, be reduced in the proportion that the 
101 STAT. 140 
PUBLIC LAW 100-17—APR. 2, 1987 
23 u s e 101 note. 
49 u s e app. 1601 
note. 
49 u s e app. 
1602. 
23 u s e 101 note. 
Federal share of the cost of the withdrawn route or 
portion thereof bears to the Federal share of the total 
. cost of all interstate routes in that State as reflected in 
the latest cost estimate approved by the Congress. 
"(ii) EXCEPTION.—In any State where the withdrawal 
of an interstate route or portion thereof has been ap-
proved under this section prior to the date of the 
enactment of the Federal-Aid Highway Act of 1976, the 
' 
unobligated apportionments for the Interstate System 
in that State on such date of enactment shall be re-
duced in the proportion that the Federal share of the 
cost to complete such route or portion thereof, as shown 
in the latest cost estimate approved by Congress prior 
to such approval of withdrawal, bears to the Federal 
share of the cost of all interstate routes in that State, 
as shown in such cost estimate; except that the amount 
of such proportional reduction shall be credited with 
the amount of any reduction in such State's Interstate 
apportionment which was attributable to the Federal 
share of any substitute project approved under this 
paragraph before such date of enactment. 
"(L) APPLICABILITY OF UMTA.— 
"(i) SUPPLEMENTARY FUNDS.—Funds available for 
expenditure to carry out the purposes of this paragraph 
shall be supplementary to and not in substitution for 
funds authorized and available for obligation pursuant 
to the Urban Mass Transportation Act of 1964. 
"(ii) LABOR PROTECTION.—The provisions of section 
3(e)(4) of the Urban Mass Transportation Act of 1964 
shall apply in carrying out this paragraph. 
"(M) LIMITATION ON INTERSTATE DESIGNATIONS.—After the 
date of the enactment of the Federal-Aid Highway Act of 
1978, the Secretary may not designate any mileage as part 
of the Interstate System pursuant to this paragraph or 
under any other provision of law. The preceding sentence 
shall not apply to a designation made under section 139 of 
this title. 
"(N) OPEN TO TRAFFIC REQUIREMENT.—After September 
30, 1979, the Secretary shall not withdraw his approval 
under this paragraph of any route or portion thereof on the 
Interstate System open to traffic before the date of the 
proposed withdrawal. Any withdrawal of approval of any 
such route or portion thereof before September 30, 1979, is 
hereby determined to be authorized by this paragraph. 
"(O) 
LIMITATION ON SUBSTITUTION FOR STATUTORILY 
DESIGNATED ROUTES.—Any route or segment which was 
statutorily designated after March 7, 1978, to be on the 
Interstate System shall not be eligible for withdrawal or 
substitution under this subsection. 
"(P) RIGHT-OF-WAY PAYBACK,— 
"(i) ENFORCEMENT.—Of sums apportioned or allo-
cated under this paragraph to a State, the Secretary 
shall not obligate for projects in such State an amount 
equal to the amount of Federal funds expended to 
purchase the right-of-way for any withdrawn route or 
portion thereof if the right-of-way is not first disposed 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 141 
of (or applied to a project in accordance with paragraph 
(5XB), (6XB), or (7)) by the State. 
"(ii) LIMITATION ON APPLICABILITY.—Clause (i) shall 
not apply to sums apportioned or allocated under this 
paragraph to a State for a fiscal year if the projected 
total amount of funds to be apportioned and allocated 
under this paragraph to such State in succeeding fiscal 
years exceeds the amount of Federal funds expended to 
purchase the right-of-way. 
"(iii) RELEASE OF FUNDS.—The Secretary may obligate 
for projects in a State under this paragraph any funds 
withheld from obligation in such State if the State 
repays an equivalent amount in accordance with para-
graph (5XB), (6XB), or (7), as the case may be, or if the 
Secretary determines that such repayment is not re-
quired under such paragraph.". 
(c) SUBSTITUTE TRANSIT PROJECTS.— 
23 use 103 note. 
(1) INCREASE IN COST TO COMPLETE.—The cost of completing 
substitute transit projects under section 103(e)(4XB) of title 23, 
United States Code, is increased by $100,000,000. 
(2) APPORTIONMENT FACTORS.—Notwithstanding section 
103(eX4) of such title, funds appropriated to carry out projects as 
a result of enactment of paragraph (1) shall be made available 
in accordance with the apportionment factors contained in the 
Committee Print Numbered 100-2 of the Committee on Public 
Works and Transportation of the House of Representatives. 
(d) CONTRACT DEADUNE FOR SUBSTITUTE PROJECTS.— 
(1) ELIMINATION.—Subsection (e) of section 107 of the Federal-
Aid Highway Act of 1978 (23 U.S.C. 103 note) is amended— 
(A) in the first sentence by striking out "and all Inter-
state substitute projects pursuant to subsection (eX4) of , 
r y. i 
section 103 of title 23, United States Code (for which the 
Secretary finds that sufficient Federal funds are avail-
able)"; and 
(B) in the second sentence by striking out "and in the 
case" and all that follows through the period at the end of 
such subsection and inserting in lieu thereof a period. 
(2) EFFECTIVE DATE.—The amendments made by paragraph (1) 
23 USC103 note, 
shall take effect September 29,1986. 
(e) INCLUSION OF CERTAIN COSTS AS NON-FEDERAL SHARE.—If the Oregon. 
State of Oregon completes construction of a segment of an east-west 
highway which segment connects 158th Avenue and Cornelius Pass 
Road in Washington County, Oregon, with funds made available 
i' • 
under section 103(eX4) of title 23, United States Code, the Secretary 
shall include as part of the non-Federal share of the cost of construc-
tion of such segment all funds expended by private land developers 
after January 1,1980, on construction of such segment. 
(f) CONFORMING AMENDMENTS.—(1) Section 103(e) of title 23, 
United States Code, is amended— 
(A) by inserting "INTERSTATE SYSTEM.—" before "(1) The 
Interstate"; 
(B) in paragraph (1) by inserting "DESIGNATION; MILEAGE 
I ;• UMITATION.—" before "The Interstate"; 
(C) in paragraph (2) by inserting "MODIFICATIONS.—" before 
"In addition"; 
(D) in paragraph (3) by inserting "ADDITIONAL MILEAGE FOR 
IMPROVED EFFICIENCY.—" before "In addition"; 
101 STAT. 142 
PUBLIC LAW 100-17—APR. 2, 1987 
(E) in paragraph (5) by inserting "LIMITATION ON REFUNDS FOR 
WITHDRAWALS BEFORE NOVEMBER 6, 1978.—" before "Notwith-
standing" and by striking out "; and" at the end of such 
paragraph and inserting in lieu thereof a period; 
(F) in paragraph (6) by inserting "LIMITATION ON REFUNDS FOR 
WITHDRAWALS ON AND AFTER NOVEMBER 6, 1978.—" before "Not-
withstanding" and by striking out the semicolon at the end of 
such paragraph and inserting in lieu thereof a period; 
(G) in paragraph (7) by inserting "ADDITIONAL LIMITATION ON 
REFUNDS.—" before "In any" and by striking out "; and" at the 
end of such paragraph and inserting in lieu thereof a period; 
(H) in paragraph (8) by inserting "PROTECTION OF PROPERTY 
RIGHTS.— before "Nothing"; 
(I) in paragraph (9) by inserting "LIMITATION ON FUNDING OF 
-•"^ MODIFIED MILEAGE PROJECTS.—" before "Interstate mileage"; 
(J) by indenting paragraph (1) and aligning such paragraph 
'^ 
and paragraphs (2), (3), (5), (6), (7), (8), and (9) with paragraph (4) 
of such section, as amended by subsection (b) of this section; and 
(K) by aligning subparagraphs (A) and (B) of paragraphs (5) 
and (6) with subparagraph (A) of such paragraph (4). 
(2) Section 107(c)(2) of the Highway Improvement Act of 1982 (23 
U.S.C. 103 note) is amended— 
(A) by striking out "the second sentence" and inserting in lieu 
thereof "subparagraph (B)"; and 
(B) by striking out "such sentence" and inserting in lieu 
thereof "such subparagraph". 
SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR INTERSTATE 
SYSTEM CONSTRUCTION, 
The first sentence of subsection (b) of section 108 of the Federal-
23 use 101 note. Aid Highway Act of 1956 is amended by striking out "and" after 
"September 30,1987," and all that follows through the period at the 
end of such sentence and inserting in lieu thereof the following: "the 
additional sum of $3,000,000,000 for the fiscal year ending Septem-
ber 30, 1988, the additional sum of $3,150,000,000 for the fiscal year 
ending September 30, 1989, the additional sum of $3,150,000,000 for 
the fiscal year ending September 30, 1990, the additional sum of 
$3,150,000,000 for the fiscal year ending September 30, 1991, the 
additional sum of $3,150,000,000 for the fiscal year ending Septem-
• 
^ 
ber 30, 1992, and the additional sum of $1,400,000,000 for the fiscal 
year ending September 30,1993.". 
23USC104note. 
SEC. 105. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Notwithstanding any other provision of 
law (other than subsection (f) of this section), the total of all obliga-
tions for Federal-aid highways and highway safety construction 
programs shall not exceed— 
(1) $12,350,000,000 for fiscal year 1987; 
(2) $12,350,000,000 for fiscal year 1988; 
•- 
(3) $12,350,000,000 for fiscal year 1989; 
(4) $12,350,000,000 for fiscal year 1990; and 
' - " 
(5) $12,350,000,000 for fiscal year 1991. 
O
t
>
) EXCEPTIONS.—The limitations under subsection (a) shall not 
apply to obligations— 
(1) under section 125 of title 23, United States Code; 
(2) under section 157 of such title; 
(3) under section 320 of such title; 
^ 
* 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 143 
/ 
(4) under section 147 of the Surface Transportation Assistance 
Act of 1978; 
23 use 144 note. 
(5) under section 9 of the Federal-Aid Highway Act of 1981; 95 Stat. 1701. 
(6) under sections 131(b) and 131(j) of the Surface Transpor-
tation Assistance Act of 1982; 
96 Stat. 2119. 
(7) under section 118 of the National Visitor Center Facilities 
Act of 1968; and 
40 USC 801 note. 
(8) under section 404 of the Surface Transportation Assistance 
Act of 1982. 
49 use app. 
Such limitations shall also not apply to obligations of funds made 2304. 
available by subsections (b) and (c) of section 149 of this Act. 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal 
years 1987, 1988, 1989, 1990, and 1991 the Secretary shall distribute 
the limitation imposed by subsection (a) by allocation in the ratio 
which sums authorized to be appropriated for Federal-aid highways 
and highway safety construction which are apportioned or allocated 
to each State for such fiscal year bears to the total of the sums 
authorized to be appropriated for Federal-aid highways and highway 
safety construction which are apportioned or allocated to all the 
States for such fiscal year. 
(d) LIMITATION ON OBLIGATION AUTHORITY.—During the period 
October 1 through December 31 of each of fiscal years 1987, 1988, 
1989,1990, and 1991, no State shall obligate more than 35 percent of 
the amount distributed to such State under subsection (c) for such 
fiscal year, and the total of all State obligations during such period 
shall not exceed 25 percent of the total amount distributed to all 
States under such subsection for such fiscal year. 
(e) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwith-
standing subsections (c) and (d), the Secretary shall— 
(1) provide all States with authority sufficient to prevent 
lapses of sums authorized to be appropriated for Federal-aid 
highways and highway safety construction which have been 
apportioned or allocated to a State, except in those instances in 
which a State indicates its intention to lapse sums apportioned 
under section 104(b)(5)(A) of title 23, United States Code; 
(2) after August 1 of each of fiscal years 1987,1988,1989,1990, 
and 1991, revise a distribution of the funds made available 
under subsection (c) for such fiscal year if a State will not 
obligate the amount distributed during such fiscal year and 
redistribute sufficient amounts to those States able to obligate 
amounts in addition to those previously distributed during such 
fiscal year giving priority to those States having large unobli-
gated balances of funds apportioned under section 104 of title 
I 
23, United States Code, and giving priority to those States 
which, because of statutory changes made by the Surface 
Transportation Assistance Act of 1982 and the Federal-Aid 
23 USe lOl note. 
Highway Act of 1981, have experienced substantial proportional 
23 USC lOl note, 
reductions in their apportionments and allocations; and 
(3) not distribute amounts authorized for administrative ex-
penses, studies under sections 159, 164, 165, and 167 of this Act, 
Federal lands highways programs, and the strategic highway 
research program and amounts made available under section 
149(d) of this Act. 
(f) ADDITIONAL OBLIGATION AUTHORITY.— 
(1) IN GENERAL.—Subject to paragraph (2), a State which after 
August 1 and on or before September 30 of fiscal year 1987, 
1988, 1989, 1990, or 1991 obligates the amount distributed to 
101 STAT. 144 
PUBLIC LAW 100-17—APR. 2, 1987 
such State in such fiscal year under subsections (c) and (e) may 
;„; .,•: .-; ;
u 
obligate for Federal-aid highways and highway safety construc-
'^-. ;j,i-, 
tion on or before September 30 of such fiscal year an additional 
amount not to exceed 5 percent of the aggregate amount of 
s <
^ „ 
). 
funds apportioned or allocated to such State— 
^.:, 
(A) under sections 104, 130, 144, and 152 of title 23, 
,,.";-* .-, i 'I 
United States Code, and 
r* " 
(B) for highway assistance projects under section 103(e)(4) 
" >
^ 
of such title, 
?;: 
which are not obligated on the date such State completes obliga-
tion of the amount so distributed. 
(2) LIMITATION ON ADDITIONAL OBLIGATION AUTHORITY.— 
During the period August 2 through September 30 of each of 
fiscal years 1987, 1988, 1989, 1990, and 1991, the aggregate 
amount which may be obligated by all States pursuant to 
paragraph (1) shall not exceed 2.5 percent of the aggregate 
amount of funds apportioned or allocated to all States— 
(A) under sections 104, 130, 144, and 152 of title 23, 
t;.ii 
i; United States Code, and 
(B) for highway assistance projects under section 103(e)(4) 
:., >
; 
of such title, 
which would not be obligated in such fiscal year if the total 
amount of obligational authority provided by subsection (a) for 
such fiscal year were utilized. 
(3) LIMITATION ON APPLICABILITY.—Paragraph (1) shall not 
. apply to any State which on or after August 1 of fiscal year 
1987, 1988, 1989, 1990, or 1991, as the case may be, has the 
-«; amount distributed to such State under subsection (c) for such 
fiscal year reduced under subsection (e)(2). 
(g) OBLIGATION CEILING FOR HIGHWAY SAFETY PROGRAMS.—Not-
withstanding any other provision of law, the total of all obligations 
for highway safety programs carried out by the Federal Highway 
Administration under section 402 of title 23, United States Code, 
shall not exceed $10,000,000 per fiscal year for each of fiscal years 
1987,1988,1989,1990, and 1991. 
(h) CONFORMING AMENDMENT.—Section 1570t>) of title 23, United 
States Code, is amended by striking out the period at the end of the 
last sentence and inserting in lieu thereof "and section 105(c) of the 
Federal-Aid Highway Act of 1987.". 
SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 
(a) FROM THE HIGHWAY TRUST FUND.—For the purpose of carrying 
out the provisions of title 23, United States Code, the following sums 
are hereby authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account): 
.1. ,s , (
• 
(1) INTERSTATE 4R PROGRAM.—For resurfacing, restoring, re-
,,^ habilitating, and reconstructing the National System of Inter-
state and Defense Highways $2,815,000,000 per fiscal year for 
each of fiscal years 1988,1989,1990, 1991, and 1992. 
(2) FEDERAL-AID PRIMARY SYSTEM.—For the Federal-aid pri-
mary system in rural areas, including the extensions of the 
Federal-aid primary system in urban areas, and the priority 
primary routes $2,325,000,000 per fiscal year for each of fiscal 
years 1987,1988,1989,1990, and 1991. 
(3) FEDERAL-AID SECONDARY SYSTEM.—For the Federal-aid 
secondary system in rural areas $600,000,000 per fiscal year for 
J each of fiscal years 1987,1988,1989,1990. and 1991. 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 145 
(4) FEDERAL-AID URBAN SYSTEM.—For the Federal-aid urban 
system $750,000,000 per fiscal year for each of fiscal years 1987, 
1988,1989,1990, and 1991. 
(5) BRIDGE REPLACEMENT AND REHABILITATION.—For bridge 
' 
replacement 
and 
rehabilitation 
under 
section 
144, 
$1,630,000,000 per fiscal year for each of fiscal years 1987, 1988, 
' 
1989,1990, and 1991. 
(6) ELIMINATION OF HAZARDS.—For projects for elimination of 
hazards under section 152, $170,000,000 per fiscal year for each 
i 
of fiscal years 1987,1988,1989,1990, and 1991. 
(7) INDIAN RESERVATION ROADS.—For Indian reservation roads 
$80,000,000 per fiscal year for each of fiscal years 1987, 1988, 
^ 
1989,1990, and 1991. 
(8) FOREST HIGHWAYS.—For forest highways $55,000,000 per 
fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 
1991. 
(9) PUBLIC LANDS HIGHWAYS.—For public lands highways 
$40,000,000 per fiscal year for each of fiscal years 1987, 1988, 
': 
1989,1990, and 1991. 
(10) PARKWAYS AND PARK HIGHWAYS.—For parkways and park 
highways $60,000,000 per fiscal year for each of fiscal years 
1987,1988,1989,1990, and 1991. 
-^^^ ^ i-^ '
^
^ 
ff 
(11) FHWA HIGHWAY SAFETY PROGRAMS.—For carrying out 
section 402 by the Federal Highway Administration $10,000,000 
for fiscal years 1987,1988,1989,1990, and 1991. 
(12) FHWA HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.— 
For carrying out sections 307(a) and 403 by the Federal High-
way Administration $10,000,000 per fiscal year for fiscal years 
1987,1988,1989,1990, and 1991. 
(13) RAILROAD-HIGHWAY CROSSINGS.—For carrying out projects 
for the elimination of railway-highway crossings on any public 
road, $160,000,000 for each of fiscal years 1987, 1988, 1989, 1990, 
and 1991. 
(b) TRANSPORTATION OF CERTAIN NUCLEAR WASTE.—There is au-
thorized to be appropriated for fiscal years beginning after Septem-
ber 30, 1986, $58,000,000, to remain available until expended, for the 
upgrading of certain highways in the State of New Mexico for the 
transportation of nuclear waste generated during defense-related 
activities. 
(c) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) GENERAL RULE.—Except to the extent that the Secretary 
determines otherwise, not less than 10 percent of the amounts 
authorized to be appropriated under titles I and III of this Act 
or obligated under titles I, II, and III (other than section 203) of 
the Surface Transportation Assistance Act of 1982 after the date 
23 USC lOl, 401; 
of the enactment of this Act shall be expended with small 
49 USC app. 1601 
business concerns owned and controlled by socially and gisg' 
^^* 
economically disadvantaged individuals. 
(2) DEFINITIONS.—For purposes of this subsection— 
(A) SMALL BUSINESS CONCERN.—The term "small business 
concern" has the meaning such term has under section 3 of 
the Small Business Act (15 U.S.C. 632); except that such 
term shall not include any concern or group of concerns 
; ^ 
controlled by the same socially and economically disadvan-
' 
taged individual or individuals which has average annual 
gross receipts over the preceding 3 fiscal years in excess of 
$14,000,000, as adjusted by the Secretary for inflation. 
101 STAT, 146 
PUBLIC LAW 100-17—APR. 2, 1987 
, .^ 
(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVID-
;,.%. 
UALS.—The term "socially and economically disadvantaged 
individuals" has the meaning such term has under section 
^,,j,j , 
8(d) of the Small Business Act (15 U.S.C. 637(d)) and rel-
evant subcontracting regulations promulgated pursuant 
, . 
thereto; except that women shall be presumed to be socially 
and economically disadvantaged individuals for purposes of 
this subsection. 
(3) 
ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTER-
PRISES.—Each State shall annually survey and compile a list of 
the small business concerns referred to in paragraph (1) and the 
location of such concerns in the State. 
(4) UNIFORM CERTIFICATION.—The Secretary shall establish 
minimum uniform criteria for State governments to use in 
certifying whether a concern qualifies for purposes of this 
subsection. Such minimum uniform criteria shall include but 
^, ; not be limited to on-site visits, personal interviews, licenses, 
:
>
< analysis of stock ownership, listing of equipment, analysis of 
bonding capacity, listing of work completed, resume of principal 
owners, financial capacity, and type of work preferred. 
(5) APPLICABILITY.—Section 105(f) of the Surface Transpor-
96 Stat. 2100. 
tation Assistance Act of 1982 shall not apply to amounts au-
thorized under such Act and obligated after the date of the 
enactment of this Act. 
SEC. 
1
0
7
. 
FEDERAL-AID 
PRIMARY 
FORMULA. 
Section 108 of the Highway Improvement Act of 1982 (23 U.S.C. 
104 note) is amended by striking out "and 1986" each place it 
appears and inserting in lieu thereof "1986, 1987, 1988, 1989, 1990, 
and 1991". 
SEC. 108. ELIMINATION OF ROADSIDE OBSTACLES. 
The second undesignated paragraph of section 101(a) of title 23, 
United States Code, relating to the definition of construction, is 
amended by inserting after "grade crossings," the following: "elimi-
nation of roadside obstacles,". 
SEC. 109. EMERGENCY CALL BOXES. 
The tenth undesignated paragraph of section 101(a) of title 23, 
United States Code, relating to the definition of highway safety 
improvement project, is amended by inserting after "pavement 
marking," the following: "installs or replaces emergency motorist-
aid call boxes,". 
SEC. 110. VENDING MACHINES AND STATE POLICE BARRACKS. 
(a) VENDING MACHINES.—Section 111 of title 23, United States 
Code, is amended by inserting "(a) IN GENERAL.—" before "All 
agreements" and by adding at the end thereof the following new 
subsection: 
"(b) VENDING MACHINES.—Notwithstanding subsection (a), any 
State may permit the placement of vending machines in rest and 
recreation areas, and in safety rest areas, constructed or located on 
rights-of-way of the Interstate System in such State. Such vending 
machines may only dispense such food, drink, and other articles as 
the State highway department determines are appropriate and 
desirable. Such vending machines may only be operated by the 
State. In permitting the placement of vending machines, the State 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 147 
shall give priority to vending machines which are operated through 
the State licensing agency designated pursuant to section 2(a)(5) of 
the Act of June 20, 1936, commonly known as the 'Randolph-
Sheppard Act' (20 U.S.C. 107a(a)(5)). The costs of installation, oper- 
, 
- . . 
ation, and maintenance of vending machines shall not be eligible for 
Federal assistance under this title.". 
(b) STATE POLICE BARRACKS.—Notwithstanding any provision of 
section 111 of title 23, United States Code, the Commonwealth of 
Massachusetts is authorized to construct a State Police Barracks, 
including customary access and egress, on State owned property at 
the intersection of 1-93 and Route 3, in Quincy, Massachusetts. 
SEC. 111. CONTRACTS. 
(a) LETTING OF CONTRACTS.—Section 112(b) of title 23, United 
States Code, is amended by inserting "or that an emergency exists" 
before the period at the end of the first sentence. 
(b) CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.—Sec-
tion 112(b) of such title is further amended by striking out 
"Construction" and inserting in lieu thereof "(1) IN GENERAL.— 
Subject to paragraph (2), construction" and by adding at the end 
thereof the following new paragraph: 
"(2) CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.— 
1
^
. 
"(A) GENERAL RULE.—Each contract for program manage-
ment, 
construction 
management, 
feasibility 
studies, 
preliminary engineering, design, engineering, surveying, 
mapping, or architectural related services with respect to a 
project subject to the provisions of subsection (a) of this 
section shall be awarded in the same manner as a contract 
t 
for architectural and engineering services is negotiated 
under title IX of the Federal Property and Administrative 
Services Act of 1949 or equivalent State qualifications-based 
40 USC 541. 
requirements. 
"(B) APPLICABILITY.— 
"(i) IN A COMPLYING STATE.—If, on the date of the 
enactment of this paragraph, the services described in 
subparagraph (A) may be awarded in a State in the 
manner described in subparagraph (A), subparagraph 
(A) shall apply in such State beginning on such date of 
enactment, except to the extent that such State adopts 
by statute a formal procedure for the procurement of 
such services. 
"(ii) IN A NONCOMPLYING STATE.—In the case of any 
other State, subparagraph (A) shall apply in such State 
beginning on the earlier of (I) August 1, 1989, or (II) the 
10th day following the close of the 1st regular session of 
the legislature of a State which begins after the date of 
the enactment of this paragraph, except to the extent 
that such State adopts or has adopted by statute a 
formal procedure for the procurement of the services 
described in subparagraph (A).". 
(c) STANDARDIZED CONTRACT CLAUSE CONCERNING SITE CONDI-
TIONS.—Section 112 of such title is amended by redesignating subsec-
tion (e), and any references thereto, as subsection (f), and by 
inserting after subsection (d) the following new subsection: 
"(e) 
STANDARDIZED 
CONTRACT 
CLAUSE 
CONCERNING 
SITE 
CONDITIONS.— 
101 STAT. 148 
PUBLIC LAW 100-17—APR. 2, 1987 
Regulations. 
"(1) GENERAL RULE.—The Secretary shall issue regulations 
' • establishing and requiring, for inclusion in each contract en-
tered into with respect to any project approved under section 
23 use 106. 
106 of this title a contract clause, developed in accordance with 
^) guidelines established by the Secretary, which 
equitably 
addresses each of the following: 
} 
"(A) Site conditions. 
'i 
"(B) Suspensions of work ordered by the State (other than 
a suspension of work caused by the fault of the contractor 
or by weather). 
; i>o. r 
"(C) Material changes in the scope of work specified in 
the contract. 
The guidelines established by the Secretary shall not require 
P 
arbitration. 
' 
"(2) LIMITATION ON APPLICABILITY.—Paragraph (1) shall apply 
in a State except to the extent that such State adopts or has 
^^'• adopted by statute a formal procedure for the development of a 
^y contract clause described in paragraph (1) or adopts or has 
adopted a statute which does not permit inclusion of such a 
contract clause.", 
(d) CONFORMING AMENDMENTS.—Section 112(b) of such title is 
further amended— 
(1) by inserting "BIDDING REQUIREMENTS.—" after "(b)"; and 
(2) by indenting paragraph (1), as designated by subsection (a) 
of this section, and aligning such paragraph with paragraph (2), 
as added by such subsection. 
SEC. 112. CONVICT PRODUCED MATERIALS. 
(a) IN GENERAL.—Subsection (b) of section 114 of title 23, United 
' ^,' e
v , ,tt 
States Code, is amended to read as follows: 
"(b) CONVICT LABOR AND CONVICT PRODUCED MATERIALS.— 
"(1) LIMITATION ON CONVICT LABOR.—Convict labor shall not 
,^ be used in construction of highways or portions of highways 
,'^* located on a Federal-aid system unless it is labor performed by 
, 
convicts who are on parole, supervised release, or probation. 
"(2) LIMITATION ON CONVICT PRODUCED MATERIALS.—Materials 
produced by convict labor may only be used in such 
construction— 
"(A) if such materials are produced by convicts who are 
on parole, supervised release, or probation from a prison; or 
^. •: - 
"(B) if such materials are produced by convicts in a 
qualified prison facility and the amount of such materials 
produced in such facility for' use in such construction 
during any 12-month period does not exceed the amount of 
such materials produced in such facility for use in such 
construction during the 12-month period ending July 1, 
1987. 
as 
"(3) QUALIFIED PRISON FACILITY DEFINED.—As used in this 
subsection, 'qualified prison facility' means any prison facility 
-liv, in which convicts, during the 12-month period ending July 1, 
1987, produced materials for use in construction of highways or 
portions of highways located on a Federal-aid system.". 
(b) CONFORMING AMENDMENTS.—(1) Subsection (a) of such section 
is amended by inserting "CONSTRUCTION WORK IN GENERAL.—" 
before "The construction of. 
. 
, 
.,, v« 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 149 
(2) Section 202 of the Departments of Commerce, Justice, State, 
the Judiciary, and Related Agencies Appropriation Act, 1985 is 
23 USC114 note. 
repealed. 
(3) Section 1761(d) of title 18, United States Code, is repealed. 
SEC. 113. ADVANCE CONSTRUCTION. 
(a) SUBSTITUTE, URBAN, SECONDARY, BRIDGE, PLANNING, RESEARCH, 
AND SAFETY CONSTRUCTION PROJECTS.—Subsection (a) of section 115 
of title 23, United States Code, is amended to read as follows: 
, 
••'<•: 
"(a) SUBSTITUTE, URBAN, SECONDARY, BRIDGE, PLANNING, RE-
SEARCH, AND SAFETY CONSTRUCTION PROJECTS.— 
"(1) GENERAL RULE.—Subject to paragraph (2), when a State— 
"(A)(i) has obligated all funds apportioned or allocated to 
it under section 103(e)(4)(H), section 104(b)(2), section 
li ' 
104(b)(6), section 104(f), section 130, section 144, section 152, 
or section 307 of this title, or 
"(ii) has used or demonstrates that it will use all obliga-
s 
tion authority allocated to it for Federal-aid highways and 
,i 
highway safety construction, and 
,i 
"(B) proceeds with a project funded under such an appor-
r 
tionment or allocation without the aid of Federal funds in 
accordance with all procedures and all requirements ap-
<
• 
plicable to such a project, except insofar as such procedures 
•^ 
and requirements limit the State to implementation of 
projects with the aid of Federal funds previously appor-
e 
tioned or allocated to it or limit a State to implementation 
of a project with obligation authority previously allocated 
v;,,|js 
T/i 
V 
to it for Federal-aid 
highways and highway 
safety 
construction, 
the Secretary, upon approval of an application of the State, is 
authorized to pay to the State the Federal share of the cost of 
the project when additional funds are apportioned or allocated 
to the State under such section or when additional obligation 
authority is allocated to it. 
c 
"(2) PLANS, SPECIFICATIONS, AND APPLICABLE STANDARDS.—The 
Secretary may only make payments to a State with respect to a 
project if— 
"(A) prior to commencement of the project the Secretary 
approves the plans and specifications therefor in the same 
manner as other projects, and 
"(B) the project conforms to the applicable standards 
under this title. 
"(3) LIMITATION WITH RESPECT TO CURRENTLY AUTHORIZED 
FUNDS.—The Secretary may not approve an application under 
this section unless an authorization for section 103(e)(4), 104, 
130, 144, 152, or 307 of this title, as the case may be, is in effect 
for the fiscal year for which the application is sought beyond the 
currently authorized funds for such State. No application may 
be approved which will exceed the State's expected apportion-
ment of such authorizations. This paragraph shall have no 
effect during the period beginning January 1, 1987, and ending 
September 30,1990.". 
(b) PRIMARY PROJECTS.—Subsection 0>X1) of such section is 
amended to read as follows: 
"(b) INTERSTATE AND PRIMARY PROJECTS.— 
"(1) IN GENERAL.—When a State proceeds to construct any 
project on the Federal-aid primary system or the Interstate 
101 STAT. 150 
PUBLIC LAW 100-17—APR. 2, 1987 
System without the aid of Federal funds in accordance with all 
'
*
"
> .'' 
!' 
procedures and all requirements applicable to such a project, 
except insofar as such procedures and requirements limit the 
fa State to the construction of projects with the aid of Federal 
funds previously apportioned to it, the Secretary, upon approval 
of application of the State, is authorized to pay to the State the 
Federal share of the cost of construction of the project when 
additional funds are apportioned to the State under section 
23 use 104. 
104(b)(1) or 104(b)(5), as the case may be, i
f
— 
"(A) prior to the construction of the project the Secretary 
approves the plans and specifications therefor in the same 
' 
manner as other projects, and 
"(B) the project conforms to the applicable standards 
under section 109 of this title.". 
(c) LIMITATION FOR FISCAL YEARS 1987-1990.—Such section 115 is 
further amended by adding at the end the following new subsection: 
"(d) LIMITATION ON ADVANCED FUNDING FOR FISCAL YEARS 1987-
1990.—The Secretary may not approve an application of a State 
under this section with respect to a project with funds apportioned, 
or currently authorized to be apportioned, under section 103(e)(4)(H), 
104, 130, 144, 152, or 307 if the amount of approved applications with 
respect to such projects exceeds the total of unobligated funds 
apportioned or allocated to the State under such section, plus such 
State's expected apportionment under such section from existing 
authorizations plus an amount equal to such State's expected appor-
tionment under such section (other than section 104(b)(5)(A)) for one 
Effective date. 
additional fiscal year. This subsection shall only be effective during 
the period beginning January 1, 1987, and ending September 30, 
1990.". 
(d) CONFORMING AMENDMENTS.—(1) Such section 115 is amended— 
(A) by striking out the heading for such section and inserting 
in lieu thereof the following: 
"§ 115. Advance construction"; 
(B) in subsection (b)(2) by inserting "BOND INTEREST FOR 
PROJECTS UNDER CONSTRUCTION ON JANUARY 1, 1983.—" after 
"(2)"; 
(C) in subsection (b)(3) by inserting "BOND INTEREST.—" after 
"(3)"; 
4 „ 
(D) in subsection (b) by aligning paragraphs (2) and (3) with 
paragraph (1), as amended by subsection (b) of this section; 
(E) in subsection (c) by inserting "COMPLETION OF PROJ-
ECTS.—" after "(c)"; and 
(F) in subsection (c) by striking out "or 144" and inserting in 
lieu thereof "134,144,152, or 307". 
(2) The analysis for chapter 1 of such title 23 is amended by 
striking out the item relating to section 115 and inserting in lieu 
thereof the following: 
"115. Advance construction." 
< 
, 
SEC. 114. INTERSTATE DISCRETIONARY FUNDS. 
(a) CONSTRUCTION FUNDS; ADDITIONAL PRIORITY PROJECT.—Para-
graph (2) of section 118(b) of title 23, United States Code, is amended 
to read as follows: 
. 
"(2) INTERSTATE CONSTRUCTION FUNDS.— 
; ' 
jc'? 
"(A) PERIOD OF AVAILABILITY.— 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 151 
California. 
92 Stat. 2711. 
"(i) 
APPORTIONMENTS 
BEFORE 
OCTOBER i, 
1989.— 
Except as otherwise provided in this subsection, sums 
apportioned before October 1, 1989, for the Interstate 
System in any State shall remain available for expendi-
ture in the State until the end of the fiscal year for 
which authorized. Upon request of the State, the Sec-
retary shall reduce the period of availability of such 
sums by 1 fiscal year. 
"(ii) 
APPORTIONMENTS THEREAFTER.—Sums appor-
tioned on or after October 1, 1989, for the Interstate 
System in any State shall remain available for expendi-
ture in the State until expended. 
"(B) 
DISCRETIONARY 
PROJECTS.—Sums 
not 
obligated 
within the time period prescribed by subparagraph (A)(i) 
shall lapse and, subject to section 149(d) of the Federal-Aid 
Highway Act of 1987, be made available by the Secretary 
for projects on the Interstate System (other than projects 
for which sums are apportioned under section 104(b)(5)(B)) 
23 USC 104. 
in accordance with the following priorities: 
"(i) First, for— 
"(I) high cost projects which directly contribute 
to the completion of a segment of the Interstate 
System which is not open to traffic; and 
"(II) high cost projects for construction of high 
occupancy vehicle lanes and other lanes on any 
highway in Los Angeles County, California, des-
ignated as a part of the Interstate System by sec-
tion 140 of the Federal-Aid Highway Act of 1978 
and the costs of construction of which are included 
in the interstate cost estimate for 1985. 
"(ii) Second, for projects of high cost in relation to a 
State's apportionment. 
"(iii) Third, for projects with respect to which the 
Secretary may make payments under section 115 of 
this title. 
"(C) LIMITATION ON STATES ELIGIBLE FOR DISCRETIONARY 
FUNDS.—Sums may only be made available under this para-
graph in any State in a fiscal year if— 
"(i)(I) the Secretary determines that the State has 
obligated all of its apportionments under section 
104(b)(5)(A) of this title other than an amount which, by 
itself, is insufficient to pay the Federal share of the cost 
of a project on the Interstate System which has been 
e 
submitted by the State to the Secretary for approval; or 
"(II) the State certifies to the Secretary that the 
State will obligate before August 1 of the fiscal year all 
of its apportionments under section 104(b)(5)(A) other 
than such an insufficient amount; and 
"(ii) the applicant for a project with respect to which 
«.• 
the Secretary may not make payments under section 
115 of this title is willing and able to— 
"(I) apply the funds to a ready-to-commence 
project, and 
"(II) in the case of construction work, begin work 
within 90 days of obligation. 
"(D) EXCEPTION TO LIMITATION.—The Secretary may make 
California. 
funds available to the State of California for construction of 
101 STAT. 152 
PUBLIC LAW 100-17—APR. 2, 1987 
high occupancy vehicle and other lanes described in 
subparagraph (B)(i)(II) whether or not such State has met 
the requirements of clause (i) of subparagraph (C). Nothing 
in this subparagraph shall be construed to give construction 
of such lanes priority over projects described in subpara-
graph (B)(i)(I). 
it^^g -I.. 
"(E) LIMITATION ON SECRETARY'S DISCRETION.—If, within 
365 days after any sums become available for obligation 
under this paragraph, the Secretary does not make such 
sums available for first priority projects under subpara-
•ui •' .
- 
graph (B)(i) of this paragraph, the Secretary shall make 
such sums available for carrying out second and third 
priority projects under subparagraph (B). 
"(F) PERIOD OF AVAILABILITY OF DISCRETIONARY FUNDS.— 
Sums made available pursuant to this paragraph shall 
remain available until expended.". 
(b) SET ASIDE OF 4 R FUNDS FOR 4 R DISCRETIONARY PROJECTS.— 
23 use 118. 
Section 118(c) of such title is amended by inserting "SET ASIDES FOR 
INTERSTATE DISCRETIONARY PROJECTS.—" after "(c) , by inserting "(1) 
SET ASIDE FOR CONSTRUCTION PROJECTS.—" before "Before", and by 
adding at the end thereof the following new paragraph: 
"(2) SET ASIDE FOR 4R PROJECTS.—Before any apportionment is 
made under section 104(b)(5)(B) of this title, the Secretary shall 
b . jr0i,!> 
set aside $200,000,000 for obligation by the Secretary in accord-
ance with subsection (b)(3) of this section and subject to section 
149(d) of the Federal-Aid Highway Act of 1987.". 
(c) LIMITATIONS ON STATES AND PROJECTS ELIGIBLE FOR 4 R DISCRE-
;:•. ; /&e 
TiONARY FUNDS.—Paragraph (3) of section 118(b) of such title is 
amended to read as follows: 
"(3) INTERSTATE 4R FUNDS.— 
"(A) PERIOD OF AVAILABILITY.—Any amount apportioned 
to a State for the Interstate System under section 
'<• 
104(b)(5)(B) of this title shall continue to be available for 
<<' 
expenditure in the State for a period of 1 year after the 
close of the fiscal year for which such sums are authorized. 
"(B) 
DISCRETIONARY 
PROJECTS.—Sums 
not 
obligated 
•' 'i'] 
within the time period prescribed by subparagraph (A) shall 
lapse and, subject to section 149(d) of the Federal-Aid High-
' • ' 
way Act of 1987, be made available by the Secretary for 
projects for resurfacing, restoring, rehabilitating, and re-
constructing any route or portion thereof on the Interstate 
System (other than any highway designated as a part of the 
23 use 139. 
Interstate System under section 139 and any toll road on 
the Interstate System not subject to an agreement under 
section 119(e) of this title). Such funds shall be made avail-
able by the Secretary to any other State applying for such 
funds, if the Secretary determines that— 
"(i) the State has obligated all of its apportionments 
23 use 104. 
under section 104(b)(5)(B) other than an amount which, 
by itself, is insufficient to pay the Federal share of the 
cost of a project for resurfacing, restoring, rehabilitat-
ijri':"::-.'' .. •- 
j^g^ Qjrid reconstructing the Interstate System which 
has been submitted by such State to the Secretary for 
j-ar 
'U:iV 
approval; and 
"(ii) the applicant is willing and able to (I) obligate 
. t 
is'> ^ylnm urn : the funds within 1 year of the date the funds are made 
l.j i • >;j:f.:. available, (II) apply them to a ready-to-commence 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 153 
Ante, p. 152; ] 
p. 167. 
project, and (III) in the case of construction work, begin 
work within 90 days of obligation. 
vjf 
"(C) PRIORITY CONSIDERATION FOR CERTAIN PROJECTS.—In 
Urban areas. 
selecting projects to fund under subparagraph (B), the Sec-
retary shall give priority consideration to any project the 
cost of which exceeds $10,000,000 on any high volume route 
---''•*' 
in an urban area or a high truck-volume route in a rural 
'i: 
area. 
'••*•*• •'''• ' 
b , , 
"(D) PERIOD OF AVAILABILITY OF DISCRETIONARY FUNDS.— 
if; 
Sums made available pursuant to this paragraph 
shall 
remain available until expended.". 
(d) CREDIT FOR CERTAIN UNUSED RIGHT-OF-WAY.—Notwithstanding 
Arizona, 
any other provision of law, the value of unused right-of-way ac-
quired under section 104(b)(5)(A) of title 23, United States Code, or 
section 118(b)(2) of such title in the State of Arizona may be credited 
to the unobligated balance of funds apportioned to the State under 
section 104(b)(5)(B) of such title if requested by the State and ap-
proved by the Secretary. 
(e) CONFORMING AMENDMENTS.—(1) The matter preceding the first 
colon in section 104(b) of title 23, United States Code, is amended by 
inserting after "subsection (a) of this section" the following: "and 
the set asides authorized by subsection (f) of this section and sections 
118(c) and 307(d) of this title". 
(2) Section 118 of such title is amended by striking out the heading 
for such section and inserting in lieu thereof the following: 
"§118. Availability of funds". 
(3) Section 118(b) of such title is amended— 
(A) in paragraph (1) by inserting "PERIODS OF AVAILABILITY OF 
FUNDS; DISCRETIONARY PROJECTS.—" before "(1)"; 
(B) in paragraph (1) by inserting "PERIOD OF AVAILABILITY OF 
NON-INTERSTATE FUNDS.—" before "Sums"; 
(C) in paragraph (4) by inserting "OBLIGATION AS EQUIVALENT 
TO EXPENDITURES; 
EFFECT OF RELEASE OF FUNDS.—" 
before 
"Sums"; and 
(D) by indenting paragraph (1) and aligning such paragraph 
and paragraph (4) with paragraph (2), as amended by subsection 
(a) of this section. 
(4) Section 118(c) of such title is further amended— 
(A) by indenting paragraph (1), as designated by subsection (b) 
of this section, and aligning such paragraph with paragraph (2), 
as added by such subsection (b); and 
(B) by striking out "Such amount" and inserting in lieu 
thereof "Subject to section 149(d) of the Federal-Aid Highway 
Act of 1987, such amount". 
(5) The analysis for chapter 1 of such title is amended by striking 
out the item relating to section 118 and inserting in lieu thereof the 
following: 
"118. Availability of funds.". 
SEC. 115. FLEXIBILITY OF USE OF HIGHWAY FUNDS. 
Section 118(f) of title 28, United States Code, relating to availabil- 
Puerto Rico, 
ity of sums apportioned to the State of Alaska, is amended by 
inserting "and the Commonwealth of Puerto Rico" after "the State 
of Alaska". 
101 STAT. 154 
PUBLIC LAW 100-17—APR. 2, 1987 
SEC. 116. INTERSTATE 4R PROGRAM. 
(a) TRANSFER OF INTERSTATE CONSTRUCTION APPORTIONMENTS.— 
« 
Section 119(d) of title 23, United States Code, is amended to read as 
follows: 
Massachusetts. 
"(d) TRANSFER OF INTERSTATE CONSTRUCTION APPORTIONMENTS.— 
Motor vehicles. 
Upon application by a State (other than the State of Massachusetts) 
and approval by the Secretary, the Secretary may transfer to the 
23 use 104. 
apportionments to such State under section 104(b)(1) or 104(b)(5)(B) 
any amount of the funds apportioned to such State for any fiscal 
year under section 104(b)(5)(A) if such amount does not exceed the 
Federal share of the costs of construction of segments of the Inter-
• A state System open to traffic in such State (other than high occu-
pancy vehicle lanes) included in the most recent interstate cost 
estimate. Upon transfer of such amount, the construction on which 
such amount is based on open-to-traffic segments of the Interstate 
System in such State as included in the latest interstate cost esti-
mate shall be ineligible and shall not be included in future inter-
state 
cost 
estimates 
approved 
or adjusted 
under 
section 
104(b)(5)(A).". 
(b) TOLL ROAD AGREEMENTS.—Section 119 of title 23, United States 
Code, is amended by adding at the end thereof the following new 
subsections: 
^,, 
. 
' 
'(e) TOLL ROAD AGREEMENTS.— 
>; f
; 
"(1) REQUIREMENT.—The Secretary may approve a project 
pursuant to subsection (a) on a toll road only if an agreement 
satisfactory to the Secretary has been reached with the State 
highway department and each public authority with jurisdic-
tion over such toll road prior to the approval of such project 
that the toll road will become free to the public upon the 
collection of tolls sufficient to liquidate the cost of the toll road 
or any bonds outstanding at the time constituting a valid lien 
against it, and the cost of maintenance and operation and debt 
service during the period of toll collections. 
"(2) TERMS.—An agreement under this subsection shall 
contain— 
"(A) a provision requiring that if, for any reason, a toll 
road receiving Federal assistance under this section does 
not become free to the public upon collection of sufficient 
tolls as specified in paragraph (1) of this subsection, Federal 
funds used for projects on such toll road pursuant to this 
subsection shall be repaid to the Federal Treasury, and 
"(B) a provision requiring that if such repayment does not 
equal or exceed Federal funds apportioned to a State by 
reason of including mileage on such toll road in an appor-
* " 
tionment formula, the apportionment to the State shall be 
reduced by the amount needed to make the repayment 
equal the amount of such Federal apportionment. 
"(3) TREATMENT OF SECTION I05 AGREEMENTS.—Any agreement 
entered into under section 105 of the Federal-Aid Highway Act 
of 1978 before the date of the enactment of this subsection shall 
be treated as an agreement entered into under this subsection. 
"(f) TRANSFER OF FUNDS FOR PRIMARY SYSTEM PROJECTS.— 
;. .,,, • 
"(1) UPON CERTIFICATION ACCEPTANCE.—If a State certifies to 
the Secretary that any part of the sums apportioned to the State 
under section 104(b)(5)(B) of this title are in excess of the needs 
of the State for resurfacing, restoring, rehabilitating, or re-
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 155 
constructing Interstate System routes and the Secretary accepts 
such certification, the State may transfer such excess part to its 
apportionment under section 104(b)(1). 
23 USC 104. 
"(2) UNCONDITIONAL.—Notwithstanding paragraph (1), a State 
^ 
- -
may transfer to its apportionment under section 104(b)(1) of this 
title— 
"(A) in fiscal year 1987, an amount not to exceed 20 
percent of the funds apportioned to the State under section 
104(b)(5)(B) which are not obligated at the time of the 
transfer; and 
^ , 
J 
"(B) in any fiscal year thereafter, an amount equal to 20 
percent of the funds apportioned to the State under section 
104(b)(5)(B) for such fiscal year.". 
(c) CONFORMING AMENDMENTS.—(1) Section 119(a) of such title is 
amended by striking out "section 105 of the Federal-Aid Highway 
Act of 1978" and inserting in lieu thereof "subsection (e)". 
Ante, p. 154. 
(2) Section 105 of the Federal-Aid Highway Act of 1978 is amended 
92 Stat. 2692. 
by striking out all that follows the first sentence. 
SEC. 117. FEDERAL SHARE. 
(a) CERTAIN HIGHWAY SAFETY CONSTRUCTION PROJECTS.—Section 
120(d) of title 23, United States Code, is amended by inserting after 
"vanpooling" the following: "or for installation of traffic signs, 
highway lights, guardrails, or impact attenuators". 
Ot)) PRIORITY PRIMARY PROJECTS.—Section 120 of such title is 
amended by redesignating the second subsection (i) and subsections 
(j) and (k) (and any reference thereto) as subsections (j), (k), and (1), 
respectively, and in subsection (k) as so redesignated by striking out 
"97-61" and inserting in lieu thereof "100-3". 
(c) EMERGENCY RELIEF.— 
(1) IN GENERAL.—The first sentence of subsection (f) of such 
section is amended to read as follows: "EMERGENCY RELIEF.— 
The Federal share payable on account of any repair or re-
construction provided for by funds made available under section 
125 of this title on account of any project on a Federal-aid 
highway system, including the Interstate System, shall not 
exceed the Federal share payable on a project on such system as 
provided in subsections (a) and (c) of this section; except that (1) 
the Federal share payable for eligible emergency repairs to 
minimize damage, protect facilities, or restore essential traffic 
accomplished within 90 days after the actual occurrence of the 
natural disaster or catastrophic failure may amount to 100 
percent of the costs thereof; and (2) the Federal share payable 
on account of any repair or reconstruction of forest highways, 
^ 
forest development roads and trails, park roads and trails, 
parkways, public lands highways, public lands development 
roads and trails, and Indian reservation roads may amount to 
100 percent of the cost thereof.". 
(2) APPLICABIUTY.—The amendment made by paragraph (1) 23 USC 120 note. 
shall apply to all natural disasters and catastrophic failures 
which occur after the date of the enactment of this Act. 
(d) GREAT RIVER ROAD.—Such section 120 is amended— 
(1) in subsection (k), as redesignated by subsection Ob), by 
striking out ", 148, and 155," and inserting in lieu thereof "and 
- 
155"; and 
(2) by adding at the end thereof the following new subsection: 
101 STAT. 156 
PUBLIC LAW 100-17—APR. 2, 1987 
"(m) GREAT RIVER ROAD PROJECTS.—Notwithstanding any other 
provision of this section, this title, or any other law, in any case 
where a State elects to use funds apportioned to it for any Federal-
23 use 148. 
aid system for any project under section 148 of this title, the Federal 
share payable on account of such project shall be 95 percent of the 
cost thereof; except that if a State requests that the Federal share 
payable on account of such project be a percentage of the cost of 
such project which is less than 95 percent but not less than 75 
percent, such percentage shall be the Federal share payable on 
account of such project.". 
(e) INCREASED NON-FEDERAL SHARE.—Such section 120 is further 
amended by adding at the end the following new subsection: 
"(n) INCREASED NON-FEDERAL SHARE.—Notwithstanding any other 
provision of this title and subject to such criteria as the Secretary 
may establish, a State may contribute an amount in excess of the 
.,^! 
non-Federal share of a project under this title so as to decrease the 
Federal share payable on such project.". 
23 u s e 120 note. 
(f) INCENTIVE PROGRAM FOR THE USE OF COAL ASH.—Notwithstand-
Bridges. 
ing sections 119, 120, and 144 of title 23, United States Code, in each 
of fiscal years 1987, 1988, 1989, 1990, and 1991, the percentage 
specified in such sections as the Federal share of the cost payable on 
account of any highway or bridge construction project in which 
materials produced from coal ash are used in significant amounts 
shall be increased by adding 5 percent to such percentage; except 
that in no case shall the Federal share payable on account of any 
project exceed 95 percent of the cost of such project as a result of 
increasing such Federal share under this subsection. 
SEC. 118. EMERGENCY RELIEF. 
(a) OBLIGATION CEILING.— 
(1) GENERAL RULE.—Section 125(b) of title 23, United States 
Code, is amended by striking out "shall not exceed $30,000,000" 
., and all that follows through "1985) in any State." and inserting 
in lieu thereof "in a State shall not exceed $100,000,000.". 
(2) RETROACTIVE APPLICABILITY.—The amendment made by 
paragraph (1) shall apply with respect to natural disasters and 
catastrophic failures occurring after December 31,1985. 
(b) TERRITORIES.— 
(1) TREATED AS STATES.—Section 125 of such title is amended 
by adding at the end thereof the following new subsection: 
"(d) TREATMENT OF TERRITORIES.—For purposes of this section, the 
Virgin Islands, Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands shall be considered to be States and 
parts of the United States, and the chief executive officer of each 
such territory shall be considered to be a Governor of a State.". 
(2) LIMITATION ON OBLIGATIONS.—The first sentence of subsec-
tion (b) of such section 125 is amended by inserting "(1)" before 
ij.; 1 A ":/^>i '^i: 
"obligations" and by inserting before the period at the end the 
>r 
following: ", and (2) the total obligations for projects under this 
section in any fiscal year in the Virgin Islands, Guam, Amer-
ican Samoa, and the Commonwealth of the Northern Mariana 
•'•^ Islands shall not exceed $5,000,000". 
23 use 125 note. 
(3) EFFECTIVE DATE.—The amendments made by paragraphs 
(1) and (2) shall take effect on the date of the enactment of this 
-•* 
Act. 
23 u s e 125 note. 
Virgin Islands. 
Guam. 
American 
Samoa. 
Northern 
Mariana Islands. 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 157 
SEC. 119. VEHICLE WEIGHT. 
(a) EXCEPTION TO GENERAL VEHICLE WEIGHT RULE.—The second 
sentence of subsection (a) of section 127 of title 23, United States 
Code (relating to vehicle weight limitations for the Interstate 
System), is amended— 
(1) by inserting "(1)" before "is 36 feet or more"; 
(2) by inserting after "36 feet or more" the following: 
", or (2) in the case of a motor vehicle hauling any tank trailer, 
dump trailer, or ocean transport container before September 1, 
1988, is 30 feet or more"; and 
(3) by inserting after "except in the case of the overall gross 
weight of any group of two or more consecutive axles' the 
following: "on any vehicle (other than a vehicle comprised of a 
motor vehicle hauling any tank trailer, dump trailer, or ocean 
transport container on or after September 1,1988)". 
(b) WITHHOLDING OF FUNDS.—Subsection (a) of such section 127 is 
amended by striking out "lapse." and inserting in lieu thereof the 
following: lapse if not released and obligated within the availability 
period specified in section 118(b)(1) of this title.". 
(c) OCEAN TRANSPORT CONTAINER DEFINED.—Such section 127 is 
amended by adding at the end thereof the following new subsection: 
"(c) OCEAN TRANSPORT CONTAINER DEFINED.—For purposes of this 
section, the term 'ocean transport container' has the meaning given 
the term 'freight container' by the International 
Standards 
Organization in Series 1, Freight Containers, 3rd Edition (reference 
number IS0668-1979(E)) as in effect on the date of the enactment of 
this subsection.". 
(d) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (a) by inserting "IN GENERAL.—" before "No 
'^! 
funds"; and 
(2) in subsection (b) by inserting "REASONABLE ACCESS.—" 
before "No State". 
SEC. 120. TOLL FACILITIES. 
(a) PILOT PROGRAM.—Section 129 of title 23, United States Code, is 
amended by adding at the end thereof the following new subsection: 
"(j) PILOT PROGRAM.— 
"(1) AUTHORIZATION FOR FEDERAL PARTICIPATION.—Subject to 
the provisions of this subsection, the Secretary shall establish a 
pilot program which permits Federal participation in 7 toll 
facilities on the same basis and in the same manner as in the 
construction of free highways under this chapter. 
"(2) LIMITATION ON TYPES OF FACIUTIES.—The Secretary may 
only permit Federal participation under this subsection in the 
following type of facilities: 
"(A) The construction of a new toll highway, bridge, or 
tunnel (other than a highway on the Interstate System). 
"(B) The reconstruction of an existing highway, bridge, or 
tunnel to expand its capacity (other than a highway, bridge, 
or tunnel on the Interstate System). 
"(3) LIMITATION ON NUMBER OF FACIUTIES.—The Secretary 
may only permit Federal participation under this subsection in 
7 facilities. One of such facilities shall be carried out in each of 
the following: Orange County, California, the State of Texas, the 
State of Pennsylvania, the State of Florida, and the State of 
South Carolina. The locations of the other 2 facilities shall be at 
fe 
Bridges. 
California. 
Texas. 
Pennsylvania. 
Florida. 
South Carolina. 
101 STAT. 158 
PUBLIC LAW 100-17—APR. 2, 1987 
Bridges. 
Bridges. 
\ i f | 
Bridges. 
Ante, p. 154. 
the discretion of the Secretary; except that not more than 2 
facihties carried out under this subsection may be located in a 
State. The Governor of the State of Pennsylvania shall select 
the facility to be carried out in such State. 
"(4) LIMITATION ON FEDERAL SHARE.—Notwithstanding any 
other provision of law, the Federal share payable for the 
construction or reconstruction of a toll highway, bridge, or 
tunnel under this subsection shall not exceed 35 percent. 
"(5) PUBLIC OWNERSHIP REQUIREMENT.—Each highway, bridge, 
tunnel, or approach thereto under this subsection must be 
publicly owned and operated; except that, under this subsection. 
Federal funds may participate in the approaches to a toll 
highway, toll bridge, or toll tunnel whether the highway, bridge, 
or tunnel is to be or has been constructed by a State or other 
public authority. 
"(6) LIMITATIONS ON USE OF REVENUES.—Before the Secretary 
may permit Federal participation under this subsection in a 
State, the State highway department must enter into an agree-
ment with the Secretary which provides that all toll revenues 
received from operation of the tolled facility constructed or 
reconstructed under this subsection will be used only on the 
tolled facility, and only for construction or reconstruction costs, 
or for the costs necessary for the proper operation, mainte-
nance, and debt service of the tolled facility, including resur-
facing, reconstruction, rehabilitation, and restoration. 
"(7) 
LIMITATION ON FEDERAL PARTICIPATION TO ORIGINAL 
CONSTRUCTION.—Except for reconstruction to expand capacity, 
toll facilities may receive Federal participation under this chap-
ter only once for the original construction or reconstruction of 
.?; 
the facility. 
"(8) EFFECT ON APPORTIONMENT.—Toll mileage constructed or 
., 
reconstructed under this subsection shall not be used to 
increase a State's apportionment under any apportionment 
formula. 
"(9) NEW TOLL HIGHWAY DEFINED.—For purposes of this 
^ 
subsection, the term 'new toll highway, bridge, or tunnel' shall 
/
> mean initial construction of a highway, bridge, or tunnel on a 
new location at any time before it is open to traffic and shall not 
include any improvements to a toll highway, bridge, or tunnel 
after it is open to traffic", 
(b) BIENNIAL CERTIFICATION.—Such section 129 is amended by 
adding at the end the following new subsection: 
"(k) BIENNIAL CERTIFICATION.— 
"(1) To GOVERNOR.—Each operator of toll roads, toll tunnels, 
,j 
toll ferries, and toll bridges (other than an international toll 
facility or toll facility subject to an agreement under this sec-
tion or section 119(e) of this title) on a Federal-aid system in a 
State shall biennially certify to the Governor of the State that 
such facilities are adequately maintained and that the operator 
of such toll facility has the ability to fund the replacement or 
repair of any such facilities that are not adequately maintained 
without using Federal-aid highway funds. Failure to certify 
shall preclude Federal funding out of the Highway Trust Fund 
of any facilities owned or operated by the operator of such toll 
facility. 
"(2) REPORT TO SECRETARY.—The Governor of each State shall 
report biennially to the Secretary on the toll facilities subject to 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 159 
paragraph (1) of this subsection with respect to which a certifi-
cation has been made in accordance with paragraph (1) and 
those with respect to which such a certification has not been 
made. If funds from the Highway Trust Fund are used to repair 
or replace toll facilities with respect to which such a certifi-
cation has or has not been made, the apportionments to such 
State for the following fiscal year under section 104 of this title 
23 USC 104. 
shall be reduced by the amount of Highway Trust Fund moneys 
expended on such facilities; except that such reduction shall not 
be made if the State has executed under this section or section 
119(e) of this title an agreement with the Secretary covering 
Ante, p. 154. 
such toll facilities.". 
(c) VOIDING OF CERTAIN AGREEMENTS.— 
(1) WEST VIRGINIA AND KANSAS TURNPIKES AND FORT MC HENRY 
Maryland. 
TUNNEL.—Upon the request of the appropriate State highway 
department of the West Virginia Turnpike (1-77 in the State of 
West Virginia), the Fort McHenry Tunnel, Maryland, and the 
Kansas Turnpike, Kansas, and upon such department entering 
into an agreement with the Secretary that toll revenues from 
operation of the tolled facility will be used only on such facility 
for construction and reconstruction costs and for the costs 
necessary for the proper operation and debt service of such 
facility (including resurfacing, reconstruction, rehabilitation, 
and restoration), the Secretary may void any agreement entered 
into with such department with respect to such facility before 
the date of the enactment of this subsection under section 
129(a), 129(d), or 129(e) of title 23, United States Code. 
(2) NEWBURGH-BEACON BRIDGE.—Upon the request of the New 
New York. 
York State Bridge Authority with respect to the Newburgh-
Beacon Bridge and upon such Authority entering into an agree-
ment with the Secretary that toll revenues from operation of 
such bridge will be used only on facilities subject to the jurisdic-
tion of such Authority for construction and reconstruction costs 
and the costs necessary for the proper operation and debt 
service of such bridge (including resurfacing, reconstruction, 
rehabilitation, and restoration), the Secretary may void any 
agreement entered into with such operator with respect to such 
bridge before the date of the enactment of this subsection under 
section 129(a), 129(d), or 129(e) of title 23, United States Code. 
(d) 
EXTENSION 
OF TOLLS 
TO 
FINANCE 
CERTAIN 
INELIGIBLE 
Florida. 
CONSTRUCTION EXPENSES.—Notwithstanding section 129(e) of title 
23, United States Code, upon request of the State of Florida, the 
Secretary shall modify the agreement entered into with the highway 
department of such State under such section to permit the collection 
of tolls to liquidate such indebtedness as may be incurred to finance 
any cost associated with a feature of a project on the toll road which 
is subject to such agreement if such feature is a feature which the 
Secretary does not permit Federal participation with funds appor- 
< 
tioned under section 104(bX5)(A) of such title and which is rec-
ommended to be included as a part of the project by the final 
environmental impact statement with respect to such project. 
SEC. 121. RAILWAY-HIGHWAY CROSSINGS. 
(a) IN GENERAL.—Section 130 of title 23, United States Code, is 
amended by adding at the end the following new subsections: 
"(d) SURVEY AND SCHEDULE OF PROJECTS.—Each State shall 
conduct and systematically maintain a survey of all highways to 
101 STAT. 160 
PUBLIC LAW 100-17—APR. 2, 1987 
identify those railroad crossings which may require separation, 
relocation, or protective devices, and establish and implement a 
schedule of projects for this purpose. At a minimum, such a schedule 
shall provide signs for all railway-highway crossings. 
"(e) FUNDS FOR PROTECTIVE DEVICES.—At least VT. of the funds 
authorized for and expended under this section shall be available for 
^ 
c. • 
the installation of protective devices at railway-highway crossings. 
Sums authorized to be appropriated to carry out this section shall be 
available for obligation in the same manner as funds apportioned 
23 use 104. 
under section 104(b)(1) of this title. 
"(f) APPORTIONMENT.—Twenty-five percent of the funds authorized 
to be appropriated to carry out this section shall be apportioned to 
the States in the same manner as sums are apportioned under 
oiJvii* section 104(b)(2) of this title, 25 percent of such funds shall be 
apportioned to the States in the same manner as sums are appor-
tioned under section 104(b)(6) of this title, and 50 percent of such 
funds shall be apportioned to the States in the ratio that total 
railway-highway crossings in each State bears to the total of such 
crossings in all States. The Federal share payable on account of any 
project financed with funds authorized to be appropriated to carry 
out this section shall be 90 percent of the cost thereof. 
"(g) ANNUAL REPORT.—Each State shall report to the Secretary 
not later than December 30 of each year on the progress being made 
to implement the railway-highway crossings program authorized by 
this section and the effectiveness of such improvements. Each State 
report shall contain an assessment of the costs of the various 
treatments employed and subsequent accident experience at im-
/ V -« 
proved locations. The Secretary shall submit a report to the Commit-
tee on Environment and Public Works of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives not later than April 1 of each year, on the progress 
being made by the State in implementing projects to improve rail-
way-highway crossings. The report shall include, but not be limited 
to, the number of projects undertaken, their distribution by cost 
range, road system, nature of treatment, and subsequent accident 
experience at improved locations. In addition, the Secretary's report 
shall analyze and evaluate each State program, identify any State 
found not to be in compliance with the schedule of improvements 
required by subsection (d) and include recommendations for future 
ifc.iie 1 implementation of the railroad highway crossings program. 
"(h) USE OF FUNDS FOR MATCHING.—Funds authorized to be appro-
priated to carry out this section may be used to provide a local 
government with funds to be used on a matching basis when State 
funds are available which may only be spent when the local govern-
ment produces matching funds for the improvement of railway-
highway crossings.". 
(b) CONFORMING AMENDMENT.—Section 203 of the Highway Safety 
23 use 130 note. Act of 1973 is repealed. 
SEC. 122. INDIAN EMPLOYMENT AND CONTRACTING. 
Section 140 of title 23, United States Code, is amended by adding 
at the end the following: 
"(d) INDIAN EMPLOYMENT AND CONTRACTING.—Consistent with sec-
tion 703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)), 
nothing in this section shall preclude the preferential employment 
of Indians living on or near a reservation on projects and contracts 
on Indian reservation roads. The Secretary shall cooperate with 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 161 
Indian tribal governments and the States to implement this 
subsection.". 
SEC. 123. BRIDGE PROGRAM. 
(a) DISCRETIONARY PROGRAM.—Section 144(g) of title 23, United 
States Code, is amended to read as follows: 
31 ,, ',iif\ 
"(g) SET ASIDES.— 
"(1) DISCRETIONARY BRIDGE PROGRAM.—Of the amount au-
thorized per fiscal year for each of fiscal years 1987, 1988, 1989, 
, - 1990, and 1991 by section 106(a)(5) of the Federal-Aid Highway 
• 
Act of 1987, all but $225,000,000 per fiscal year shall be appor-
tioned as provided in subsection (e) of this section. $225,000,000 
per fiscal year of the amount authorized for each of such fiscal 
^^ years shall be available for obligation on the date of each such 
apportionment in the same manner and to the same extent as 
the sums apportioned on such date, except that the obligation of 
such $225,000,000 shall, subject to section 149(d) of the Federal-
Aid Highway Act of 1987, be at the discretion of the Secretary. 
"(2) ELIGIBLE DISCRETIONARY PROJECTS.—Subject to section 
149(d) of the Federal-Aid Highway Act of 1987, amounts made 
available by paragraph (1) for obligation at the discretion of the 
^. Secretary may be obligated only— 
"(A) for a project for a highway bridge the replacement or 
,„ .; 
rehabilitation cost of which is more than $10,000,000, and 
"(B) for a project for a highway bridge the replacement or 
rehabilitation cost 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) for the 
fiscal year in which application is made for a grant for such 
bridge. 
"(3) OFF-SYSTEM BRIDGES.—Not less than 15 percent nor more 
than 35 percent of the amount apportioned to each State in each 
, 
of fiscal years 1987, 1988, 1989, 1990, and 1991, shall be ex- 
. >
r
- :; 
^,1 pended for projects to replace or rehabilitate highway bridges 
located on public roads, other than those on a Federal-aid 
system. The Secretary, after consultation with State and local 
, 
officials, may, with respect to such State, reduce the require-
ment for expenditure for bridges not on a Federal-aid system 
when the Secretary determines that such State has inadequate 
needs to justify such expenditure.". 
03) APPLICABILITY OF THE GENERAL BRIDGE ACT OF 1948.— Section 
144(h) of such title is amended— 
(1) by striking out "which are not subject to the ebb and flow 
of the tide, and" and inserting in lieu thereof "(1)"; and 
(2) by striking out the period at the end thereof and inserting 
Fish and fishing. 
in lieu thereof ", and (2) which are (a) not tidal, or (b) if tidal, 
Maritime 
used only by recreational boating, fishing, and other small 
^"^^''s-
vessels less than 21 feet in length.". 
(c) INVENTORIES AND REPORTS.—Section 144(i) of such title is 
amended to read as follows: 
"(i) INVENTORIES AND REPORTS.—The Secretary shall— 
"(1) report to the Committee on Environment and Public 
Works of the Senate and the Committee on Public Works and 
Transportation of the House of Representatives on projects 
approved under this section; 
"(2) annually revise the current inventories authorized by 
subsections (b) and (c) of this section; 
101 STAT. 162 
PUBLIC LAW 100-17—APR. 2, 1987 
"(3) report to such committees on such inventories; and 
"(4) report to such committees such recommendations as the 
Secretary may have for improvements of the program au-
thorized by this section. 
Such reports shall be submitted to such committees biennially at the 
Post, p. 167. 
same time as the report required by section 307(e) of this title is 
submitted to Congress.". 
(d) BRIDGES TO REPLACE DESTROYED BRIDGES AND FERRYBOAT 
SERVICE.— 
(1) IN GENERAL.—Section 144 of such title is amended by 
redesignating subsection (m), and any references thereto, as 
subsection (p) and by inserting after subsection (1) the following 
new subsection: 
"(m) 
REPLACEMENT 
OF DESTROYED 
BRIDGES AND FERRYBOAT 
SERVICE.— 
"(1) GENERAL RULE.—Notwithstanding any other provision of 
this section or of any other provision of law, a State may utilize 
any of the funds provided under this section to construct any 
bridge which— 
"(A) replaces any low water crossing (regardless of the 
length of such low water crossing), 
"(B) replaces any bridge which was destroyed prior to 
V ^ 
1965, 
"(C) replaces any ferry which was in existence on Janu-
ary 1,1984, or 
"(D) replaces any road bridges rendered obsolete as a 
result of United States Corps of Engineers flood control or 
^ 
channelization projects and not rebuilt with funds from the 
'- 
United States Corps of Engineers. 
"(2) FEDERAL SHARE.—The Federal share payable on any 
bridge construction carried out under paragraph (1) shall be 80 
percent of the cost of such construction.". 
23 use 144 note. 
(2) APPLICABILITY.—The amendment made by subsection (a) 
shall apply to funds apportioned to the States under section 144 
of title 23, United States Code, after September 30,1986. 
(3) CONFORMING MODIFICATION OF APPORTIONMENT FORMULA.— 
Subsection (e) of such section is amended by inserting after the 
third sentence the following new sentence: "For purposes of the 
' 
preceding sentence, the total cost of deficient bridges in a State 
and in all States shall be reduced by the total cost of any 
'•"^ highway bridges constructed under subsection (m) in such State, 
relating to replacement of destroyed bridges and ferryboat 
services.". 
(e) OFF-SYSTEM BRIDGE PROGRAM.—Such section 144 is further 
amended by inserting after subsection (1) the following new 
subsection: 
"(n) OFF-SYSTEM BRIDGE PROGRAM.—Notwithstanding any other 
provision of law, with respect to any project not on a Federal-aid 
system for the replacement of a bridge or rehabilitation of a bridge 
which is wholly funded from State and local sources, is eligible for 
Federal funds under this section, is noncontroversial, is certified by 
the State to have been carried out in accordance with all standards 
applicable to such projects under this section, and is determined by 
the Secretary upon completion to be no longer a deficient bridge, 
any amount expended after the date of the enactment of this 
subsection from State and local sources for such project in excess of 
20 percent of the cost of construction thereof may be credited to the 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 163 
non-Federal share of the cost of the projects in such State which are 
eligible for Federal funds under this section. Such crediting shall be 
in accordance with such procedures as the Secretary may 
establish.", 
(f) HISTORIC BRIDGES.— 
23 use 144 note. 
(1) FINDINGS.—Congress hereby finds and declares it to be in 
the national interest to encourage the rehabilitation, reuse and 
preservation of bridges significant in American history, ar-
chitecture, engineering and culture. Historic bridges are impor-
tant links to our past, serve as safe and vital transportation 
routes in the present, and can represent significant resources 
for the future. 
(2) PROGRAM.—Such section 144 is further amended by insert- 
23 use 144. 
ing after subsection (1) the following new subsection: 
"(o) HISTORIC BRIDGE PROGRAM.— 
"(1) COORDINATION.—The Secretary shall, in cooperation with 
the States, implement the programs described in this section in 
a manner that encourages the inventory, retention, rehabilita- 
;. 
''' 
tion, adaptive reuse, and future study of historic bridges. 
"(2) STATE INVENTORY.—The Secretary shall require each 
State to complete an inventory of all bridges on and off the 
Federal-aid system to determine their historic significance. 
"(3) ELIGIBILITY.—Reasonable costs associated with actions to 
preserve, or reduce the impact of a project under this chapter 
on, the historic integrity of historic bridges shall be eligible as 
'• 
reimbursable project costs under this title (including this sec-
tion) if the load capacity and safety features of the bridge are 
adequate to serve the intended use for the life of the bridge; 
except that in the case of a bridge which is no longer used for 
motorized vehicular traffic, the costs eligible as reimbursable 
project costs pursuant to this subsection shall not exceed the 
estimated cost of demolition of such bridge. 
"(4) PRESERVATION.—Any State which proposes to demolish a 
historic bridge for a replacement project with funds made avail-
able to carry out this section shall first make the bridge avail-
able for donation to a State, locality, or responsible private 
entity if such State, locality, or responsible entity enters into an 
agreement to— 
^' 
"(A) maintain the bridge and the features that give it its 
a 
" *
?
; ^iH 
^" 
historic significance; and 
"(B) assume all future legal and financial responsibility 
* 
for the bridge, which may include an agreement to hold the 
State highway agency harmless in any liability action. 
Costs incurred by the State to preserve the historic bridge, 
including funds made available to the State, locality, or private 
entity to enable it to accept the bridge, shall be eligible as 
reimbursable project costs under this chapter up to an amount 
not to exceed the cost of demolition. Any bridge preserved 
pursuant to this paragraph shall thereafter not be eligible for 
any other funds authorized pursuant to this title. 
"(5) HISTORIC BRIDGE DEFINED.—As used in this subsection, 
'historic bridge' means any bridge that is listed on, or eligible 
for listing on, the National Register of Historic Places.". 
(3) STUDY.— 
(A) TRANSPORTATION RESEARCH BOARD.—The Secretary 
23 use 144 note. 
shall make appropriate arrangements with the Transpor-
tation Research Board of the National Academy of Sciences 
101 STAT. 164 
PUBLIC LAW 100-17—APR. 2, 1987 
K. 
t.M ">•-
Idaho. 
Gifts and 
property. 
Rhode Island. 
-"•S 
.'Xton t-Sii 03U fIS 
to carry out a study on the effects of the bridge program 
conducted under section 144 of title 23, United States Code, 
on the preservation and rehabilitation of historic bridges. 
The Transportation Research Board shall also develop rec-
ommendations of specific standards which shall apply only 
to the rehabilitation of historic bridges, and shall provide 
an analysis of any other factors which would serve to 
enhance the rehabilitation of historic bridges. 
(B) REPORT.—Not later than 1 year after entering into 
appropriate arrangements under subparagraph (A), the 
Transportation Research Board shall submit to the Sec-
retary and the Committee on Environment and Public 
,. ^ Works of the Senate and the Committee on Public Works 
and Transportation of the House of Representatives a 
report on the results of the study conducted under subpara-
K*r,v -u graph (A) and on the recommendations developed pursuant 
to subparagraph (A), 
(g) STATE MATCHING SHARE.—The State or local governmental 
matching share for the Calder bridge project being constructed 
under title 23, United States Code, across the Saint Joe River, 19 
miles east of Saint Maries, Idaho, including approaches— 
(1) may be credited by the fair market value of land 
incorporated into the project if the land is in addition to existing 
public right-of-way and is donated to the State or local 
government; 
(2) may be credited by the fair market value of construction 
on the project performed by or donated to the State or local 
government; and 
(3) may be credited by the fair market value of preliminary 
engineering and the preparation of an environmental impact 
/^,j statement performed by or donated to the State or local 
government; 
before, on, or after the date of the enactment of this Act. 
(h) DISCRETIONARY BRIDGE CRITERIA.—Section 161 of the Highway 
Improvement Act of 1982 (23 U.S.C. 144 note) is amended by insert-
ing before the period at the end of the second sentence ", including a 
bridge replacement of which was partially funded under the Supple-
mental Appropriations Act, 1983 (97 Stat. 341)". 
(i) JAMESTOWN BRIDGE.—Federal-aid highway funds may be ex-
pended on the Jamestown Bridge project connecting the mainland of 
Rhode Island with the Island of Jamestown only— 
(1) if the bridge meets all requirements and standards of title 
23, United States Code, and any other applicable Federal law; 
and 
(2) if the railing of the bridge— 
(A) is designed to provide motorists with a view of the 
surrounding natural areas comparable to the view provided 
, 
by the Newport Bridge in Rhode Island; and 
r^i 
(B) has been proven to be crash worthy through full scale 
testing in accordance with currently accepted test criteria. 
SEC. 124. MINIMUM ALLOCATION. 
(a) PLANNING AS A FUNDABLE ITEM; TREATMENT OF WITHHELD 
APPORTIONMENTS.—Section 157 of title 23, United States Code, is 
amended by redesignating subsection (c), and any references thereto, 
as subsection (e) and by inserting after subsection (b) the following 
new subsections: 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 165 
Grants. 
Taxes. 
"(c) LIMITATION ON PLANNING EXPENDITURES.—One-half of 1 per- 
. n-i 
cent of amounts allocated to each State under this section in any 
fiscal year may be available for expenditure for the purpose of 
carrying out the requirements of section 134 of this title (relating to 
23 USC 134 
transportation planning). iy2 percent of the amounts allocated to 
each State under this section in any fiscal year may be available for 
expenditure for the purpose of carrying out activities referred to in 
subsection (c) of section 307 of this title (relating to transportation 
r?,r ^.r^ 
planning and research). 
"(d) TREATMENT OF WITHHELD APPORTIONMENTS.—For purposes of 
subsection (a), any funds which, but for section 154(f) or 158(a) of this 
title or any other provision of law under which Federal-aid highway 
funds are withheld from apportionment, would be apportioned to a 
State in a fiscal year under a section referred to in subsection (a) 
shall be treated as being apportioned in such year.". 
(b) PROGRAM FOR FISCAL YEARS 1987 AND THEREAFTER.—Section 
157(a) of title 23, United States Code, is amended by inserting "(1) 
FISCAL YEARS 1984-1987.—" before "In the fiscal year and by adding 
at the end thereof the following new paragraphs: 
"(2) FISCAL YEARS 1987 AND 1988.—In fiscal years 1987 and 
1988, on October 1, or as soon as possible thereafter, the Sec-
retary shall allocate among the States amounts sufficient to 
'i' ensure that a State's percentage of the total apportionments in 
each such fiscal year and allocations for the prior fiscal year for 
Federal-aid highway programs (except allocations for emer-
gency relief in accordance with section 125 of this title, the 
Interstate construction discretionary program in accordance 
with section 118(bX2) of this title, forest highways, Indian res-
ervation roads, and parkways and park roads in accordance 
with section 202 of this title, highway related safety grants 
authorized by section 402 of this title, nonconstruction safety 
grants authorized by sections 402, 406, and 408 of this title, and 
Bureau of Motor Carrier Safety Grants authorized by section 
404 of the Surface Transportation Assistance Act of 1982) shall 
;j^. not be less than 85 percent of the percentage of estimated tax 
payments attributable to highway users in the State paid into 
the Highway Trust Fund, other than the Mass Transit Account, 
, ,/j 
in the latest fiscal year for which data are available. 
"(3) THEREAFTER.— 
, , ,,; 
"(A) GENERAL RULE.—In fiscal year 1989 and each fiscal 
year thereafter, on October 1, or as soon as possible there-
after, the Secretary shall allocate among the States 
amounts sufficient to ensure that a State's percentage of 
the total apportionments in each such fiscal year and 
allocations for the prior fiscal year for Federal-aid highway 
programs (except allocations for forest highways, Indian 
reservation roads, and parkways and park roads in accord-
ance with section 202 of this title, highway related safety 
grants authorized by section 402 of this title, nonconstruc-
tion safety grants authorized by sections 402, 406, and 408 
of this title, and Bureau of Motor Carrier Safety Grants 
authorized by section 404 of the Surface Transportation 
Assistance Act of 1982) shall not be less than 85 percent of 
the percentage of estimated tax payments attributable to 
highway users in the State paid into the Highway Trust 
Fund, other than the Mass Transit Account, in the latest 
fiscal year for which data are available. 
49 USC 
2304. 
app. 
CS'tjlB.-
f^ia. 
Grants. 
Taxes. 
49 USC 
2304. 
app. 
101 STAT. 166 
PUBLIC LAW 100-17—APR. 2, 1987 
California. 
23 u s e 157. 
23 u s e 101 et 
seq. 
23 u s e 151. 
UiV 
Reports. 
:ott 
"(B) EXCEPTION FOR FISCAL YEAR 1989.—Notwithstanding 
.ft 
subparagraph (A), the amount allocated to the State of 
>t 
California under this paragraph in fiscal year 1989 shall be 
f 
the amount which would be allocated to such State under 
this subsection if paragraph (2) were in effect for such fiscal 
year.". 
(d) AUTHORIZATION OF APPROPRIATIONS.—Subsection (e) of such 
section 157, as redesignated by subsection (a) of this section, is 
amended by striking out "September 30, 1983, September 30, 1984, 
September 30, 1985, and September 30, 1986" and inserting in lieu 
thereof "on or after September 30,1983". 
(e) CONFORMING AMENDMENTS.—Subsection (a) of such section 157 
is amended— 
(1) by indenting and aligning paragraph (1), as designated by 
,^ 
subsection (b) of this section, with paragraphs (2) and (3), as 
added by such subsection (b); and 
(2) by inserting "GENERAL RULES.—" after "(a)". 
SEC. 125. NATIONAL BRIDGE INSPECTION PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, is 
amended by striking out section 151 (relating to pavement marking 
demonstration program) and inserting in lieu thereof the following: 
"§151. National bridge inspection program 
"(a) NATIONAL BRIDGE INSPECTION STANDARDS.—The Secretary, in 
consultation with the State highway departments and interested 
and knowledgeable private organizations and individuals, shall 
establish national bridge inspection standards for the proper safety 
inspection and evaluation of all highway bridges. 
"Ot)) MINIMUM REQUIREMENTS OF INSPECTION STANDARDS.—The 
standards established under subsection (a) shall, at a minimum— 
"(1) specify, in detail, the method by which such inspections 
shall be carried out by the States; 
"(2) establish the maximum time period between inspections; 
\ 
"(3) establish the qualification for those charged with carry-
ing out the inspections; 
"(4) require each State to maintain and make available to the 
Secretary upon request— 
*
^ 
"(A) written reports on the results of highway bridge 
inspections together with notations of any action taken 
pursuant to the findings of such inspections; and 
^ 
"(B) current inventory data for all highway bridges 
y. 
reflecting the findings of the most recent highway bridge 
'f 
inspections conducted; and 
"(5) establish a procedure for national certification of high-
way bridge inspectors. 
"(c) TRAINING PROGRAM FOR BRIDGE INSPECTORS.—The Secretary, 
in cooperation with the State highway departments, shall establish 
a program designed to train appropriate governmental employees to 
carry out highway bridge inspections. Such training program shall 
be revised from time to time to take into account new and improved 
techniques. 
"(d) AVAILABILITY OF FUNDS.—To carry out this section, the Sec-
retary may use funds made available pursuant to the provisions of 
section 104(a), section 307(a), and section 144 of this title.". 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 167 
(b) CONFORMING AMENDMENTS.—(1) The analysis for chapter 1 of 
such title is amended by striking out the item relating to section 151 
and inserting in lieu thereof the following: 
"151. National bridge inspection program.". 
(2) Section 116 of such title (relating to highway maintenance) is 
amended by striking out subsections (d) and (e). 
SEC. 126. INCOME FROM AIRSPACE RIGHTS-OF-WAY. 
(a) REQUIREMENT.—Chapter 1 of title 23, United States Code, is 
amended by striking out section 156 (relating to highways crossing 
Federal projects) and inserting in lieu thereof the following: 
"§ 156. Income from airspace rights-of-way 
"States shall charge, as a minimum, fair market value, with 
exceptions granted at the discretion of the Secretary for social, 
environmental, and economic mitigation purposes, for the sale, use, 
lease, or lease renewals (other than for utility use and occupancy or 
for transportation projects eligible for assistance under this title) of 
right-of-way airspace acquired as a result of a project funded in 
whole or in part with Federal assistance made available from the 
Highway Trust Fund (other than the Mass Transit Account). This 
section applies to new airspace usage proposals, renewals of prior 
agreements, arrangements, or leases entered into by the State after 
the date of the enactment of the Federal-Aid Highway Act of 1987. 
The Federal share of net income from the revenues obtained by the 
State for sales, uses, or leases (including lease renewals) under this 
section shall be used by the State for projects eligible under this 
title.". 
(b) CONFORMING AMENDMENT.—The analysis for such chapter is 
amended by striking out the item relating to section 156 and 
inserting in lieu thereof the following: 
"156. Income from airspace rights-of-way.". 
SEC. 127. FUNDING FOR BICYCLE PROJECTS. 
The second sentence of section 217(b)(1) of title 23, United States 
Code, is amended by inserting "and sums apportioned or allocated 
for highway substitute projects in accordance with section 103(e)(4) 
of this title'^' after "title'\ 
SEC. 128. STRATEGIC HIGHWAY RESEARCH PROGRAM. 
Section 307 of title 23, United States Code (relating to research 
and planning), is amended by redesignating subsections (d) and (e) 
(and any references thereto) as subsections (e) and (f), respectively, 
and by inserting after subsection (c) the following new subsection: 
"(d) STRATEGIC HIGHWAY RESEARCH PROGRAM.— 
"(1) ESTABLISHMENT.—The Secretary, in consultation with the 
American Association of State Highway and Transportation 
Officials, shall carry out such research, development, and tech-
nology transfer activities as the Secretary determines to be 
strategically important to the national highway transportation 
system. 
"(2) COOPERATIVE AGREEMENTS.—The Secretary may make 
grants to, and enter into cooperative agreements with, the 
American Association of State Highway and Transportation 
Officials and the National Academy of Sciences to carry out 
such activities under this subsection as the Secretary deter-
23 u s e 101 et 
seq. 
23 u s e 156. 
dO 
Science and 
technology. 
Grants. 
101 STAT. 168 
PUBLIC LAW 100-17—APR. 2, 1987 
S-
mines are appropriate. Advance payments may be made as 
!• 
necessary to carry out the program under this subsection. 
"(3) PERIOD OF AVAILABILITY.—Funds set aside to carry out 
this subsection shall remain available for the fiscal year in 
which such funds are made available and the three succeeding 
• fiscal years. 
Bridges. 
"(4) SET ASIDE.—As soon as practicable after the date of the 
enactment of the Federal-Aid Highway Act of 1987 in fiscal year 
1987 and on October 1 of each of fiscal years 1988, 1989, 1990, 
' 
and 1991, the Secretary shall set aside to carry out this subsec-
" 
-; 
'^ 
tion not to exceed V
4 of 1 percent of the funds authorized to be 
•^^'' 
appropriated for such fiscal year for the Federal-aid systems, for 
a. 38'J a 
highway assistance programs under section 103(e)(4) of this title, 
for bridge replacement and rehabilitation under section 144 of 
this title, for elimination of hazards under section 152 of this 
title, and for elimination of hazards of railway-highway cross-
* 
ings under section 130 of this title. In the case of funds au-
?' 
thorized for apportionment on the Interstate System, the Sec-
^' 
retary shall set aside that portion of such funds (subject to the 
•' 
overall limitation of VA of 1 percent) in the year next preceding 
the fiscal year for which such funds are authorized for such 
ai 
System. 
' 
"(5) ANNUAL REPORT.—The Secretary shall transmit a report 
:: annually beginning on January 1, 1988, to the Committee on 
' 
Environment and Public Works of the Senate and the Commit-
-'" tee on Public Works and Transportation of the House of Rep-
^; 
resentatives which provides information on the progress and 
'-'•' research findings the program conducted under this subsection. 
"(6) LIMITATION OF REMEDIES.— 
Claims. 
~ 
"(A) SAME REMEDY AS IF UNITED STATES.—The remedy 
:>i. 
against the United States provided by sections, 134603) and 
2672 of title 28, United States Code, for injury, loss of 
property, personal injury, or death shall apply to any claim 
against the National Academy of Sciences for money dam-
ages for injury, loss of property, personal injury, or death 
p^ 
caused by any negligent or wrongful act or omission arising 
f
: 
from activities conducted under or in connection with this 
U; 
subsection. Any such claim shall be subject to the limita-
tions and exceptions which would be applicable to such 
claim if such claim were against the United States. With 
respect to any such claim, the Secretary shall be treated as 
1'' 
the head of the appropriate Federal agency for purposes of 
> 
sections 2672 and 2675 of such title. 
"(B) ExcLUSiVENESS OF REMEDY.—The remedy referred to 
ru 
in subparagraph (A) shall be exclusive of any other civil 
action or proceeding for the purpose of determining liability 
•
i
f
< y .;?• '^, ' '• 
arising from any such act or omission without regard to 
''^"''""•' 
' 
when the act or omission occurred. 
Claims. 
?' 
"(C) TREATMENT.—Employees of the National Academy of 
9"; 
Sciences and other individuals appointed by the President 
no ' J 
of the National Academy of Sciences and acting on its 
behalf in connection with activities carried out under this 
ruiB-iO ;.' 
subsection shall be treated as if they are employees of the 
•i'j 
Federal Government under section 2671 of title 28, United 
A
- 
States Code, for purposes of a civil action or proceeding 
>• 
with respect to a claim described in subparagraph (A); and 
"j-t- '» 
the civil action or proceeding shall proceed in the same 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 169 
manner as any proceeding under chapter 171 of such title, 
28 USC 2671 et 
ii::'ja:. or any proceeding under chapter 171 of such title or action s«9 
against the United States filed pursuant to section 1346(b) 
of such title, and shall be subject to the limitations and 
exceptions applicable to such a proceeding or action. 
"(D) REMOVAL.—Upon certification by the Attorney Gen- Claims. 
eral that a civil action or proceeding with respect to a claim 
* 
described in subparagraph (A) is being brought in a State 
court, such civil action or proceeding shall be removed from 
"'•• 
the State court without bond at any time before trial by the 
Attorney General to the district court of the United States 
for the district and division embracing the place wherein it 
' • 
- ' 
is pending and the proceeding shall be deemed a tort action 
brought against the United States under the provisions of 
• - 
title 28, United States Code. For purposes of removal, the 
'• 
certification of the Attorney General under this subpara-
graph shall be conclusive. 
" <
^ 
"(E) SOURCES OF PAYMENTS.—Pajrment of any award, com- Claims. 
^" 
promise, or settlement of a civil action or proceeding with 
'"'' 
respect to a claim described in subparagraph (A) shall be 
paid first out of insurance maintained by the National 
Academy of Sciences, second from funds made available to 
r'5 
carry out this subsection, and then from sums made avail-
able under section 1304 of title 31, United States Code. For 
purposes of such section, such an award, compromise, or 
* 
' 
settlement shall be deemed to be a judgment, award, or 
settlement payable under section 2414 or 2672 of title 28, 
United States Code. The Secretary may establish a reserve 
of funds made available to carry out this subsection for 
making payments under this paragraph.". 
SEC. 129. HIGHWAY PLANNING AND RESEARCH. 
Section 307(c)(1) of title 23, United States Code, is amended by 
inserting after "section 104 of this title" the following: "and for 
highway projects under section 103(eX4)". 
SEC. 130. WILDFLOWERS. 
Section 319 of title 23, United States Code, is amended by insert-
ing "(a) LANDSCAPE AND ROADSIDE DEVELOPMENT.—" before "The 
Secretary" and by adding at the end thereof the following new 
subsection: 
"(b) PLANTING OF WILDFLOWERS.— 
"(1) GENERAL RULE.—The Secretary shall require the planting 
of native wildflower seeds or seedlings, or both, as part of any 
landscaping project under this section. At least V* of 1 percent 
of the funds expended for such landscaping project shall be used 
for such plantings. 
"(2) WAIVER.—The requirements of this subsection may be 
waived by the Secretary if a State certifies that native 
wildflowers or seedlings cannot be grown satisfactorily or 
t 
planting areas are limited or otherwise used for agricultural 
purposes. 
- 
"(3) GIFTS.—Nothing in this subsection shall be construed to 
prohibit the acceptance of native wildflower seeds or seedlings 
donated by civic organizations or other organizations and 
t 
individuals to be used in landscaping projects.". 
Agriculture and 
agricultural 
commodities. 
^?IJ "i 
101 STAT. 170 
PUBLIC LAW 100-17—APR. 2, 1987 
Grants. 
Contracts. 
Education. 
SEC. 131. NATIONAL HIGHWAY INSTITUTE. 
Subsections (b) and (c) of section 321 of title 23, United States 
Code, are amended to read as follows: 
"(b) SET ASIDE.—Not to exceed Vi of 1 percent of all funds appor-
tioned to a State under sections 104(b)(1) and 104(b)(5) of this title 
shall be available for expenditure by the State highway department, 
subject to approval by the Secretary, for payment of not to exceed 75 
percent of the cost of tuition and direct educational expenses (but 
not travel, subsistence, or salaries) in connection with the education 
and training of State and local highway department employees as 
provided in this section. 
"(c) FEDERAL RESPONSIBILITY.—Education and training of Federal, 
State, and local highway employees authorized by this section shall 
be provided— 
"(1) by the Secretary at no cost to the States and local 
governments for those subject areas which are a Federal pro-
gram responsibility; or 
"(2) in any case where such education and training are to be 
paid for under subsection (b) of this section, by the State, subject 
to the approval of the Secretary, through grants and contracts 
with public and private agencies, institutions, individuals, and 
the Institute.". 
SEC. 132. PROHIBITION AGAINST DISCLOSURE AND ADMISSION AS EVI-
DENCE OF STATE REPORTS AND SURVEYS. 
(a) IN GENERAL.—Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following new section: 
"§ 409. Admission as evidence of certain reports and surveys 
"Notwithstanding any other provision of law, reports, surveys, 
schedules, lists, or data compiled for the purpose of identifying 
evaluating, or planning the safety enhancement of potential ac-
cident sites, hazardous roadway conditions, or railway-highway 
crossings, pursuant to sections 130, 144, and 152 of this title or for 
the purpose of developing any highway safety construction improve-
ment project which may be implemented utilizing Federal-aid high-
way funds shall not be admitted into evidence in Federal or State 
court or considered for other purposes in any action for damages 
arising from any occurrence at a location mentioned or addressed in 
such reports, surveys, schedules, lists, or data.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 4 of such 
title is amended by adding at the end the following: 
"409. Admission as evidence of certain reports and surveys.". 
SEC. 133. HIGHWAY TECHNICAL AMENDMENTS. 
(a) SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982.—(1) The 
third sentence of section 108(d) of the Surface Transportation Assist-
23 use 104 note, ance Act of 1982 is amended by striking out "this title," and 
inserting in lieu thereof "title 23, United States Code,". 
(2) The second section 126 of such Act (relating to bicycle transpor-
23 use 217. 
tation) is amended by striking out "SEC. 126." and inserting in lieu 
thereof "SEC. 126A.". 
23 use 127. 
(3) Section 133 of such Act is amended by striking out "(a)" the 
first place it appears. 
Motor vehicles. 
(4) The first sentence of section 163 of such Act is amended to read 
23 use 146 note, as follows: "Notwithstanding any other provision of this Act or any 
23 u s e 401 et 
seq. 
23 u s e 409. 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 171 
other law, no funds apportioned or allocated to a State for Federal- 
f 
, 
aid highways shall be obligated for a project for constructing, resur-
facing, restoring, rehabilitating, or reconstructing a Federal-aid 
highway which has a lane designated as a carpool lane unless the 
use of such lane includes use by motorcycles.". 
(5) The second sentence of section 163 of such Act is amended by 
23 USC146 note, 
striking out the comma and inserting in lieu thereof "and accept-
ance of such certification by the Secretary,". 
(6) Section 165(b) of such Act is amended by inserting "or" after 
23 USC lOl note, 
the semicolon at the end of clause (3). 
(7) Section 411(d) of such Act (relating to length limitations) is 49 USC app. 
amended by inserting "and boat" after "automobile", 
2311. 
(b) TITLE 23.—(1) The analysis for chapter 1 of title 23, United 
States Code, is amended— 
(A) in the item relating to section 127 by striking out "and 
width", and 
(B) by striking out the item relating to section 146 and 
inserting in lieu thereof: 
"146. Carpool and vanpool projects.". 
' 
(2) The fifth undesignated paragraph of section 101(a) of such title 
is amended by striking out "forest or trail" and inserting in lieu 
* 
thereof "forest road or trail". 
(3) Section 101(a) of such title is amended by striking out the 
thirteenth undesignated paragraph (relating to the definition of 
"park road") and inserting in lieu thereof the following: 
"The term 'park road' means a public road that is located within, 
or provides access to, an area in the national park system with title 
and maintenance responsibilities vested in the United States.". 
(4) Section 106(c) of such title is amended by striking out "10 
per centum" and inserting in lieu thereof "15 percent" and by 
striking out the second sentence. 
(5) Section 113 of such title is amended by striking out "August 30, 
1935" and inserting in lieu thereof "March 3, 1931 and by striking 
out "267a" and inserting in lieu thereof "276a". 
(6) Section 121(d) of such title is amended by striking out "10 
per centum" and inserting in lieu thereof "15 percent" and by 
striking out the third sentence. 
(7) The first sentence of section 122 of such title is amended by 
inserting "or for substitute highway projects approved under section 
103(e)(4) of this title" before "and the retirement". 
(8) Section 123(a) of such title is amended by striking out "the 
Federal-aid primary or secondary" and all that follows through 
"urban areas," and inserting in lieu thereof "any Federal-aid 
system,". 
(9)(A) Subsection (b) of section 125 of such title is amended by 
striking out "the Interstate System, the Primary System, and on 
any routes functionally classified as arterials or major collectors" 
each place it appears and inserting in lieu thereof "the Federal-aid 
highway systems, including the Interstate System". 
(B) Subsection (c) of such section is amended by striking out 
• .r^m"''% 
"routes functionally classified as arterials or major collectors ' and 
' r \ 
inserting in lieu thereof "on any of the Federal-aid highway 
systems'. 
t >•%• 
(10) The third sentence of section 138 of such title is amended by 
inserting before "which requires" the following: "(other than any 
project for a park road or parkway under section 2()4 of this title) . 
101 STAT. 172 
PUBLIC LAW 100-17—APR. 2, 1987 
23 u s e 144. 
,a ov i ??IJ 1
^ 
i^on ,:<H JgTT £ 
American 
Samoa. 
Northern 
Mariana Islands. 
American 
Samoa. 
Northern 
Mariana Islands. 
American 
Samoa. 
Northern 
Mariana Islands. 
33 u s e 1414. 
49 u s e app. 
2716. 
23 u s e 130 note. 
(11) Section 144(e) of such title is amended by adding at the end 
thereof the following: "Funds apportioned under this section shall 
be available for expenditure for the same period as funds appor-
tioned for projects on the Federal-aid primary system under this 
title. Any funds not obligated at the expiration of such period shall 
be reapportioned by the Secretary to the other States in accordance 
with this subsection.". 
(12) Section 152(g) of such title is amended by striking out "the 
Congress" and inserting in lieu thereof "the Committee on Environ-
ment and Public Works of the Senate and the Committee on Public 
Works and Transportation of the House of Representatives". 
(13) The second sentence of section 204(b) of such title is amended 
by inserting "the Secretary or" before "the Secretary of the 
Interior". 
(14) Section 204(e) of such title is amended by striking out "of 
1975". 
(15) Section 210(g) of such title is amended by striking out "Com-
merce" and inserting in lieu thereof "Transportation", 
(16) The first sentence of section 215(a) of such title is amended by 
striking out "and American Samoa" and inserting in lieu thereof 
"American Samoa, and the Commonwealth of the Northern Mari-
ana Islands". 
(17) Section 307(f) of such title, as redesignated by section 128 of 
this Act, is amended by striking out "the Congress" and inserting in 
lieu thereof "the Committee on Environment and Public Works of 
the Senate and the Committee on Public Works and Transportation 
of the House of Representatives". 
(18) Section 315 of such title is amended by striking out "204(d), 
205(a), 207(b), and 208(c)" and inserting in lieu thereof "204(f) and 
205(a)". 
(19) Section 401 of such title is amended by striking out "and 
American Samoa." and inserting in lieu thereof "American Samoa, 
and the Commonwealth of the Northern Mariana Islands.". 
(20) Section 402(c) of such title is amended— 
(A) by striking out "For the fiscal years ending June 30,1967, 
'• June 30, 1968, and June 30, 1969, such funds shall be appor-
^ tioned 75 per centum on the basis of population and 25 per 
centum as the Secretary in his administrative discretion may 
" 
deem appropriate and thereafter such" and inserting in lieu 
^ thereof "Such"; 
(B) by striking out "and American Samoa" and inserting in 
' 
lieu thereof "American Samoa, and the Commonwealth of the 
Northern Mariana Islands"; and 
(C) by striking out "After December 31,1969, the" and insert-
ing in lieu thereof "The". 
^ (c) MISCELLANEOUS.—(1) Section 104(i)(4)(D) of the Marine Protec-
tion, Research, and Sanctuaries Act of 1972, as added by section 424 
of the Surface Transportation Assistance Act of 1982, is amended by 
inserting "to 
" after "grant a permit". 
(2) Section 12019(5) of the Commercial Motor Vehicle Safety Act of 
1986 is amended— 
(A) by striking out "and"; and 
(B) by inserting "or" before "semitrailer operated". 
(3) Section 163(o) of the Federal-Aid Highway Act of 1973 is 
amended to read as follows: 
"(o) REPORTS.—The Secretary of Transportation shall make bi-
ennial reports and a final report to the President, the Committee on 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 173 
Environment and Public Works of the Senate, and the Committee 
on Public Works and Transportation of the House of Representa-
tives with respect to activities pursuant to this section.". 
(4) Section 123(c) of the Federal-Aid Highway Act of 1978 is 
amended by striking "Congress" and inserting in lieu thereof "the 
Committee on Environment and Public Works of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives". 
(d) PARK ROADS.—Section 303(c) of title 49, United States Code, is 
amended by inserting before "requiring the use" the following: 
"(other than any project for a park road or parkway under section 
204 of title 23)". 
(e) REPEAL OF OUTDATED PROVISIONS.— 
(1) TITLE 23.—The following sections of title 23, United States 
Code, and the items in the analysis for chapters 2 and 3 of such 
J. 
title relating to such sections are repealed: 211 (relating to 
timber access road hearings), 213 (relating to Rama Road), 219 
(relating to safer off-system roads), and 322 (relating to dem-
, 
onstration project—rail crossings). 
(2) OTHER HIGHWAY LAWS.—Section 119 of the Federal-Aid 
Highway Amendments of 1974 (relating to bikeway demonstra-
tion program) and section 141 of the Federal-Aid Highway Act 
of 1978 (relating to bicycle program) are repealed. 
if) ALTERNATIVE ROUTE.—The authorization of that portion of the 
Interstate System in Mobile County, Alabama, designated as 1-210, 
connecting 1-65 and I-IO in the vicinity of Prichard-Mobile, Ala-
bama, authorized by the Department of Transportation and Related 
Agencies Appropriation Act, 1981, shall include, as an alternative, 
authorization to construct an interstate spur commencing at 1-65 in 
the area of Prichard, Alabama, and terminating in the vicinity of 
downtown Mobile, Alabama. The total mileage of such spur shall 
not exceed 6.25 miles. In no case shall the eligible cost of construc-
tion of the spur exceed the eligible cost of the originally authorized 
route if it had been constructed. 
SEC. 134. FOREST HIGHWAYS. 
Notwithstanding section 202(a) of title 23, United States Code, the 
Secretary shall, after making the transfer provided by section 204(g) 
of such title, as soon as practicable after the date of the enactment 
of this Act in fiscal year 1987 and on October 1 of each of fiscal years 
1988, 1989, and 1990, allocate 66 percent of the remainder of the 
authorization for forest highways provided for such fiscal year by 
this Act in the same percentage as the amounts allocated for 
expenditure in each State and the Commonwealth of Puerto Rico 
from funds authorized for forest highways for the fiscal year ending 
June 30, 1958, adjusted (1) to eliminate the 0.003243547 percent for 
the State of Iowa to the State by deed executed May 26,1964, and (2) 
to redistribute the percentage formerly apportioned to the State of 
Iowa to other participating States on a proportional basis. The 
remaining funds authorized to be appropriated for forest highways 
for such fiscal year shall be allocated pursuant to section 202(a) of 
such title. 
SEC. 135. REGULATION OF TOLLS. 
(a) Section 4 of the Act of March 23, 1906 (34 Stat. 85; 33 U.S.C. 
494), commonly known as the "Bridge Act of 1906", is amended by 
striking out the last sentence. 
23 u s e 141 note. 
23 u s e 201 et 
seq, 301 et seq. 
23 u s e 217 note. 
23 u s e 217 note. 
Alabama. 
94 Stat. 1681. 
Puerto Rico. 
Iowa. 
23 u s e 202 note. 
101 STAT. 174 
PUBLIC LAW 100-17—APR. 2, 1987 
33 use 508. 
33 use 525 note, 
535 note. 
•|iS; ^ i ; . 
(b) Section 17 of the Act of June 10, 1930 (46 Stat. 552; 33 U.S.C. 
498a), is repealed. 
(c) The Act entitled "An Act to provide for the regulations of tolls 
over certain bridges", approved June 27,1930 (46 Stat. 821; 33 U.S.C. 
498b), is repealed. 
(d) Sections 1 through 5 of the Act of August 21,1935 (49 Stat. 670; 
33 U.S.C. 503-507) are repealed. 
(e) Sections 503 and 506 of the General Bridge Act of 1946 (60 Stat. 
847, 848; 33 U.S.C. 526, 529) are repealed. 
if) Section 133 of Public Law 93-87 (87 Stat. 267; 33 U.S.C. 526a) is 
repealed. 
(g) Section 6 of the International Bridge Act of 1972 (86 Stat. 732; 
33 U.S.C. 535d) is repealed. 
(h) Section 6(g)(4) of the Department of Transportation Act (80 
Stat. 937; 49 U.S.C. App. 1655(g)(4)) is repealed. 
(i) Tolls for passage or transit over any bridge constructed under 
the authority of the Act of March 23, 1906 (34 Stat. 84; 33 U.S.C. 
491-498), commonly known as the "Bridge Act of 1906", the General 
Bridge Act of 1946, and the International Bridge Act of 1972 shall 
be just and reasonable. 
23 use 104 note. SEC. 136. IMPLEMENTATION OF CERTAIN ORDERS. 
Loans. 
, 
In implementing any order issued by the President which provides 
for or requires a percentage reduction in new budget authority, 
unobligated balances, obligated balances, new loan guarantee 
commitments, new direct loan obligations, spending authority, or 
obligation limitations for the Federal-aid highway, mass transit and 
highway safety programs and with respect to which the budget 
account activity as identified in the program and financing schedule 
contained in the Appendix to the Budget of the United States 
Government for such programs includes more than one specific 
highway, mass transit, or highway safety program or project for 
which budget authority is provided by this Act or an amendment 
made by this Act, the Secretary shall apply the percentage reduc-
tion equally to each such specific program or project. 
23 u s e 103 note. 
SEC. 137. COMBINED ROAD PLAN DEMONSTRATION PROGRAM. 
(a) PROGRAM.—The Secretary, in cooperation with up to 5 States, 
shall conduct a combined road plan demonstration to test the 
feasibility of approaches for combining, streamlining, and increasing 
the flexibility in the administration of the Federal-aid secondary 
program. Federal-aid urban program, and the off-system bridge, 
urban bridge, and secondary bridge programs. The demonstration 
shall place as much responsibility as feasible with State and local 
governments. Notwithstanding any provision of title 23, United 
States Code, the Secretary may— 
(1) grant design exceptions and permit construction without 
final inspection; and 
Urban areas. 
^
^ 
(2) permit the use of Federal-aid secondary. Federal-aid 
'^ 
urban, and bridge funds for Federal-aid secondary projects, 
Federal-aid urban projects, and bridge projects on the secondary 
and urban systems and off-system bridge projects. 
Ot)) REPORT.—The Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the (Committee on 
Public Works and Transportation of the House of Representatives— 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 175 
(1) an interim report on the program being carried out under 
this section within 3 years after the date of the enactment of 
this Act; and 
(2) a final report evaluating the effectiveness of the dem-
onstration program and making needed recommendations as 
soon as practicable after completion of the demonstration under 
this section. 
SEC. 138. PROJECT ELIGIBILITY. 
Section 108(b) of the Federal-Aid Highway Act of 1956 is amended 
by adding at the end thereof the following: "Notwithstanding the 
fifth sentence of this subsection, the costs of a project which will 
upgrade an interstate route and will complete a gap on the Inter-
state System providing access to an international airport and which 
was described £is the preferred alternative in a final environmental 
impact statement submitted to the Secretary of Transportation on 
September 30, 1983, shall be eligible for funds authorized by this 
subsection as if such costs were included in the 1981 interstate cost 
estimate and shall be included as eligible costs in any future inter-
state cost estimate, except that (1) such costs may be further devel-
oped in the design and environmental process under normal 
Federal-aid interstate procedures, and (2) the amount of such costs 
shall not include the portion of the project between High Street and 
Causeway Street.". 
SEC. 139. ELIGIBILITY OF PARK AND RIDE FACILITIES. 
(a) EuGiBiLiTY FOR INTERSTATE CONSTRUCTION FuNDS.—Notwith-
standing any other provision of law, policy, and regulation and any 
interpretation thereof, construction in the vicinity of Fort Lauder-
dale, Florida, of 4 park and ride facilities and direct access connec-
tors between such facilities and high occupancy vehicle lanes being 
constructed on a north-south interstate route which connects Miami 
and Jacksonville, Florida, shall be eligible for funds (not to exceed 
$84,000,000) authorized under section 108(b) of the Federal-Aid High-
way Act of 1956 and is included as an eligible project in the 1985 
interstate cost estimate, and the cost of such construction not to 
exceed $84,000,000 shall be included in any future interstate cost 
estimate. The Secretary shall enter into project agreements consist-
ent with the provisions of title 23 of the United States Code for 
construction of such facilities and connectors. 
(b) SIZE OF FACILITIES.—The size of each park and ride facility 
constructed pursuant to subsection (a) shall be sufficient 
to 
accommodate commuter demand anticipated 20 years after the date 
on which construction of such facility is approved. 
(c) ELIGIBIUTY FOR 4 R FUNDING.—Notwithstanding any other 
provision of law, if construction of the facilities and direct access 
connectors described in subsection (a) costs more than $84,000,000, 
the State of Florida may use funds apportioned to it under section 
104(b)(5)(B) of title 23, United States Code, to complete construction 
of such facilities and connectors. 
SEC. 140. PLANNING, DESIGN, AND CONSTRUCTION. 
Notwithstanding any other provision of law, the State of Arkansas 
may use funds apportioned to it under section 104(bX5)(A) of title 23, 
United States Code, for the planning, design, and construction from 
Interstate Route 1-40 to the boundary between Arkansas and Mis-
23 u s e 101 note. 
Florida. 
Contracts. 
Ante, p. 142. 
Florida. 
Arkansas. 
Missouri. 
Urban areas. 
101 STAT. 176 
PUBLIC LAW 100-17—APR. 2, 1987 
Ante, pp. 142, 
175. 
California. 
Contracts. 
California. 
California. 
souri of a 2-lane north-south highway which is on the Federal-aid 
primary system in Arkansas and passes through an urbanized area. 
SEC. 
1
4
1
. 
TRANSFER 
OF 
INTERSTATE 
LANES. 
(a) ELIGIBILITY OF INTERSTATE LANE PROJECT.—Any prqiect to 
construct eligible interstate lanes, as defined in subsection (D, shall 
be eligible for funds authorized under section 108(b) of the Federal-
Aid Highway Act of 1956 and shall be included as an eligible project 
in any future interstate cost estimate unless the costs of such project 
are made not eligible for such funds by subsection (c). 
(b) APPROVAL OF SUBSTITUTE TRANSIT PROJECT.—Notwithstanding 
any other provision of law, upon the joint request of the Governor of 
the State of California and the local governments concerned, the 
Secretary may approve a substitute transit project for construction 
of a fixed guideway system in lieu of construction of any eligible 
interstate lanes if such substitute project is in or adjacent to the 
proposed right-of-way for such lanes. 
(c) ELIGIBILITY FOR FEDERAL ASSISTANCE.—Upon approval of any 
substitute transit project under subsection (b), the costs of construc-
tion of the eligible interstate lanes for which such project is sub-
stituted shall not be eligible for funds authorized under section 
108(b) of the Federal-Aid Highway Act of 1956 and a sum equal to 
the Federal share of such costs, as included in the latest interstate 
cost estimate approved by Congress, shall be available to the Sec-
retary to incur obligations under section 103(e)(4) of title 23, United 
States Code, for the Federal share of the costs of such substitute 
project. 
(d) LIMITATION ON EUGIBIUTY.—By September 30, 1989, any sub-
stitute transit project approved under subsection (b) (for which the 
Secretary finds that sufficient Federal funds are available) must be 
under contract for construction or construction must have com-
menced. If any such substitute transit project is not under contract 
for construction or construction has not commenced by such date, 
then immediately after such date, the Secretary shall withdraw 
approval of such project and no funds shall be appropriated under 
the authority of section 103(e)(4) of title 23, United States Code, for 
any such project. 
(e) ADMINISTRATIVE PROVISIONS.— 
(1) STATUS OF SUBSTITUTE PROJECT.—A substitute transit 
project approved under subsection (b) shall be deemed to be a 
^ , . substitute transit project for purposes of section 103(e)(4) of title 
23, United States Code (other than subparagraphs (C) and (O)). 
(2) 
REDUCTION 
OF UNOBUGATED 
INTERSTATE 
APPORTION-
MENTS.—Unobligated apportionments for the Interstate System 
_. in the State of California shall, on the date of approval of a 
' substitute transit project under subsection (b), be reduced in the 
proportion that the Federal share of the costs of the construc-
tion of the eligible interstate lanes for which such project is 
substituted bears to the Federal share of the total cost of all 
interstate routes in such State as reflected in the latest cost 
estimate approved by Congress. 
(3) ADMINISTRATION THROUGH FHWA.—The Secretary shall 
administer 
this 
section 
through 
the Federal 
Highway 
Administration. 
EUGIBLE INTERSTATE LANES DEFINED.—For purposes of this 
if) 
section, the term "eligible interstate lanes' 
pancy vehicle lanes and other lanes— 
means any high occu-
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 177 
Ante, pp. 142, 
175. 
(1) which are to be constructed on any highway in Los Angeles 
County, California, designated as a part of the National System 
of Interstate and Defense Highways by section 140 of the 
Federal-Aid Highway Act of 1978; and 
92 Stat. 2711. 
(2) the costs of construction of which are included in the 
interstate cost estimate for 1985. 
SEC. 142. SUBSTITUTE TRANSIT PROJECT IN OREGON. 
(a) APPROVAL OF PROJECT.—Notwithstanding any other provision 
of law, upon the joint request of the Governor of the State of Oregon 
and the local governments concerned, the Secretary may approve a 
substitute transit project for construction of a light rail transit 
system in lieu of construction of any eligible interstate lanes if such 
substitute project is in or adjacent to the proposed right-of-way for 
such lanes. 
(b) ELIGIBIUTY FOR FEDERAL ASSISTANCE.—Upon approval of 
any 
substitute transit project under subsection (a), the costs of construc-
tion of the eligible interstate lanes for which such project is sub-
stituted shall not be eligible for funds authorized under section 
108(b) of the Federal-Aid Highway Act of 1956 and a sum equal to 
the Federal share of such costs, as included in the latest interstate 
cost estimate approved by Congress, shall be available to the Sec-
retary to incur obligations under section 103(eX4) of title 23, United 
States Code, for the Federal share of the costs of such substitute 
project. 
(c) LIMITATION ON EUGIBIUTY.—By September 30, 1989, any sub- Contracts, 
stitute transit project approved under subsection (a) (for which the 
Secretary finds that sufficient Federal funds are available) must be 
under contract for construction or construction must have com-
menced. If any such substitute transit project is not under contract 
for construction or construction has not commenced by such date, 
then immediately after such date, the Secretary shall withdraw 
approval of such project and no funds shall be appropriated under 
the authority of section 103(e)(4) of title 23, United States Code, for 
such project. 
(d) ADMINISTRATIVE PROVISIONS.— 
(1) STATUS OF SUBSTITUTE PROJECT.—A substitute transit 
project approved under subsection (a) shall be deemed to be a 
substitute transit project for purposes of section 103(e)(4) of title 
23, United States Code (other than subparagraphs (C) and (O)). 
(2) REDUCTION OF UNOBUGATED INTERSTATE APPORTIONMENT.— 
, 
Unobligated apportionments for the Interstate System in the 
State of Oregon shall, on the date of approval of a substitute 
transit project under subsection (a), be reduced in the propor-
tion that the Federal share of the costs of the construction of 
the eligible interstate lanes for which such project is substituted 
bears to the Federal share of the total cost of all interstate 
routes in such State as reflected in the latest cost estimate 
approved by Congress. 
(3) ADMINISTRATION THROUGH FHWA.—The Secretary shall 
administer 
this 
section 
through 
the 
Federal 
Highway 
Administration. 
(e) ELIGIBLE INTERSTATE LANES DEFINED.—For purposes of this 
section, the term "eligible interstate lanes" means any bus lanes 
which are to be constructed on Interstate Route 1-205 in Oregon. 
•..J 
f-r-H 
101 STAT. 178 
PUBLIC LAW 100-17—APR. 2, 1987 
New York. 
Michigan. 
Contracts. 
Exports. 
SEC. 143. PAYBACK OF RIGHT-OF-WAY EXPENSES, r 
(a) EFFECT OF REPAYMENT.—Upon repayment by the State of New 
York to the Treasurer of the United States of an amount as deter-
mined by the Secretary to be equal to the amount of Federal funds 
expended to acquire property for the portion of 1-478 which was 
withdrawn from the Interstate System in accordance with the provi-
sions of section 103(e)(4) of title 23, United States Code, less any 
amount not required to be repaid with respect to such property 
under section 103(e)(7) of such title, the State of New York shall be 
absolved of any further responsibility for repayment and will be 
deemed to have met all of the repayment requirements of section 
103(e)(7) of such title. 
O
b
) USE OF REPAID FUNDS.—The amount repaid to the United 
States under this section shall be deposited to the credit of the 
appropriation for "Federal-Aid Highway (Trust Fund)". Such repay-
ment shall be credited to the unprogrammed balance of funds 
apportioned to the State of New York in accordance with section 
10403)(1) of title 23, United States Code. The amount so credited 
shall be in addition to all other funds then apportioned to such State 
and shall be available for expenditure in accordance with the provi-
sions of such title. 
SEC. 144. GEORGIA STATE ROUTE 400. 
(a) CREDIT AND USE OF FEDERAL FUNDS.—The amount of all Fed-
eral-aid highway funds paid to the State of Georgia on account of 
the section of State Route 400, a 6-lane, limited access major arterial 
highway connecting Interstate Route 1-285 and Interstate Route I-
85 in Fulton County, Georgia, may 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)". Such 
repayment shall be credited to the unobligated balance of Federal-
aid highway funds of the same class last appropriated to the State of 
Georgia. The amount so credited shall be in addition to all other 
funds then apportioned or allocated to such State during the fiscal 
year for which the credit was received and shall be available for 
expenditure in accordance with the provisions of title 23, United 
States Code. 
(b) APPLICABILITY OF TOLL RESTRICTIONS.—As provided in subsec-
tion (a) of this section, upon the repayment of Federal-aid highway 
funds, and removal from the Federal-aid highway programs, such 
sections of State Route 400 shall be free of any and all restrictions 
contained in title 23, United States Code, or in any regulations 
issued thereunder, with respect to the imposition and collection of 
tolls or other charges thereon or for the use thereof. 
SEC. 145. EXEMPTION FROM RIGHT-OF-WAY RESTRICTION. 
A facility located in part on the right-of-way of Interstate Route 
1-94 in Michigan and in the vicinity of the interchange of 1-94 and 
Michigan State Route 25 is hereby exempt from the restrictions 
contained in section 111 of title 23, United States Code, prohibiting 
certain commercial establishments on rights-of-way of the Interstate 
System. Such exemption shall be for the purpose of permitting the 
Michigan Department of Transportation to enter into a lease agree-
ment allowing the use of such facility for the sale of only those 
articles which are for export and for consumption outside the 
United States. 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 179 
SEC. 146. RIGHT-OF-WAY DONATION. 
(a) CREDIT FOR DONATED LANDS AND DONATION PROCEDURES.— 
Section 323 of title 23, United States Code, is amended— 
(1) by inserting "(a) DONATIONS OF PROPERTY BEING AC-
QUIRED.—" before "Nothing"; and 
(2) by adding at the end the following new subsections: 
"(b) CREDIT FOR DONATED LANDS.— 
"(1) GENERAL RULE.—Notwithstanding any provision of this . 
title, the State matching share for a project with respect to 
which Federal assistance is provided out of the Highway Trust 
,. 
Fund (other than the Mass Transit Account) may be credited by 
the fair market value of land incorporated into the project and 
lawfully donated to the State after the date of the enactment of 
this subsection. 
"(2) EsTABUSHMENT OF FAIR MARKET VALUE.—The fair market 
value of the donated land shall be established as determined by 
the Secretary. Fair market value shall not include increases 
and decreases in the value of donated property caused by the 
project. For purposes of this subsection, the fair market value of 
donated land shall be established as of the date the donation 
becomes effective or when equitable title to the land vests in the 
State, whichever is earlier. 
"(3) LIMITATION ON APPUCABILITY.—This subsection shall not 
, 
,; 
apply to donations made by an agency of a Federal, State, or 
local government. 
"(4) LIMITATION ON AMOUNT OF CREDIT.—The credit received 
by a State pursuant to this subsection may not exceed the 
State's matching share for the project to which the donation is 
applied. 
"(c) PROCEDURES.—A gift or donation in accordance with subsec-
tion (a) may be made at any time during the development of a 
project. Any document executed as part of such donation prior to the 
approval of an environmental document prepared pursuant to the 
National Environmental Policy Act of 1969 shall clearly indicate 
42 USC 4321 
that— 
note. 
"(1) all alternatives to a proposed alignment will be studied 
and considered pursuant to such Act; 
"(2) acquisition of property under this section shall not influ-
ence the environmental assessment of a project including the 
decision relative to the need to construct the project or the 
selection of a specific location; and 
"(3) any property acquired by gift or donation shall be 
revested in the grantor or successors in interest if such property 
is not required for the alignment chosen after public hearings, if 
required, and completion of the environmental document.". 
(b) DONATED LANDS IN CALIFORNIA.— 
(1) TREATMENT AS PROJECT COST.—Notwithstanding any other 
provision of law, the fair market value of any lands which have 
been or in the future are donated or dedicated to the State of 
California necessary for the right-of-way for relocation and 
construction of California State Route 73 in Orange County, 
California, from its interchange with Interstate Route 1-405 to 
its interchange with Interstate Route 1-5 shall be included as a 
part of the cost of such relocation and construction project and 
shall be credited first toward payment of the non-Federal share 
of the cost of such relocation and construction project. 
101 STAT. 180 
PUBLIC LAW 100-17—APR. 2, 1987 
(2) CREDIT.—The fair market value of lands referred to in 
paragraph (1) shall be established by the Secretary. If such fair 
market value exceeds the non-Federal share of the relocation 
and construction project referred to in paragraph (1), then the 
excess amount, upon the request of the State of California, shall 
be credited toward the non-Federal share of the cost of any 
other project on the Federal-aid system in Los Angeles, Orange, 
Riverside, San Bernardino, and Ventura Counties, California. 
(3) TREATMENT OF IRREVOCABLE OFFER.—To further the pur-
poses of this section and section 323 of title 23, United States 
Ante, p. 179. 
Code, any recorded irrevocable offer of dedication or donation of 
property within the right-of-way for the project referred to in 
paragraph (1) shall be considered as part of the State right-of-
way acquisition for purposes of this subsection if such offer is 
irrevocable and effective no later than such time as the State of 
California requests final reimbursement for the Federal share. 
(1) LIMITATION.—In no case shall the amount of Federal-aid 
reimbursement to the State of California on account of the 
relocation and construction project referred to in paragraph (1) 
exceed the actual cost to the State for such project. 
Virginia. 
SEC. 147. SHIRLEY HIGHWAY TRAFFIC RESTRICTIONS. 
District of 
. . -r, 
T 
Columbia. 
(a) EXPRESS LANES.— 
Motor vehicles. 
(1) RusH HOUR RESTRICTIONS.—Except in the case of an emer-
gency as determined by the State of Virginia or the District of 
Columbia, the State of Virginia and the District of Columbia 
shall prohibit the use of the Shirley Highway express lanes by a 
vehicle other than a bus, an emergency vehicle, a vehicle 
carrying 4 or more persons, and a motorcycle— 
(A) on northbound lanes, during the hours of 6 o'clock 
ante meridiem to 9 o'clock ante meridiem on Monday 
through Friday, exclusive of holidays, and 
(B) on southbound lanes, during the hours of 3:30 o'clock 
post meridiem to 6 o'clock post meridiem on Monday 
i&i;wj 
through Friday, exclusive of holidays. 
'j-^i 
The State of Virginia and the District of Columbia may not 
prohibit the use of such lanes during such hours by a bus, an 
emergency vehicle, or a vehicle carrying 4 or more persons. 
(2) USE OF EXPRESS LANES AT OTHER TIMES.—The State of 
Virginia and the District of Columbia may not prohibit the use 
of the Shirley Highway express lanes during hours other than 
the hours described in paragraph (1) by a vehicle which is not 
also prohibited from using the other lanes of the Shirley 
Highway. 
(b) DEFINITIONS.—For purposes of this section— 
(1) EMERGENCY VEHICLE.—The term "emergency vehicle" in-
cludes a public utility vehicle on legitimate emergency business. 
(2) MOTORCYCLE.—The term "motorcycle" means a motor ve-
hicle designed to travel on not more than 3 wheels in contact 
with the ground. 
(3) SHIRLEY HIGHWAY EXPRESS LANES.—The term "Shirley 
Highway express lanes" means the high occupancy vehicle 
lanes on Interstate Route 1-395 in the District of Columbia and 
Virginia and on Interstate Route 1-95 from its intersection with 
Interstate Route 1-395 to Woodbridge, Virginia. 
(c) ENFORCEMENT.—The Secretary shall withhold 1 percent of the 
amount required to be apportioned to the State of Virginia or to the 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 181 
District of Columbia under sections 104 and 144 of title 23, United 
States Code, on the first day of the fiscal year succeeding any fiscal 
year in which the State of Virginia or the District of Columbia, as 
the case may be, is in violation of any provision of this section. 
SEC. 148. RAILROAD RELOCATION AND DEMONSTRATION PROGRAM. 
(a) FEDERAL SHARE.—Section 163(n) of the Federal-Aid Highway 
Act of 1973 (23 U.S.C. 130 note) is amended by striking out "95 
per centum of the cost." and inserting in lieu thereof "the Federal 
share provided in section 120(a) of title 23, United States Code.". 
(b) AUTHORIZATION.—Section 163(p) of such Act is amended by 
inserting 
after 
"September 
30, 1986," the 
following: 
"and 
$15,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 
1990, and 1991,". 
SEC. 149. DEMONSTRATION AND PRIORITY PROJECTS. 
(a) PROJECT DESCRIPTIONS.— 
(1) PASSAIC COUNTY, NEW JERSEY.—The Secretary shall utilize 
the procedures adopted to carry out the demonstration project 
under section 141 of the Federal-Aid Highway Act of 1976 and 
23 use 124 note, 
the methods for processing highway projects required to be 
established by section 129 of the Surface Transportation Assist-
ance Act of 1982 to accelerate design and construction of a 
23 use 105 note, 
highway project which completes a gap on the Federal-aid 
i 
primary system in an urban area along the Passaic River in 
Passaic County, New Jersey, and for which most of the right-of-
way has been acquired. 
(2) BRICK TOWNSHIP, NEW JERSEY.—The Secretary shall carry 
out a highway project to demonstrate methods of improving 
traffic operations and reducing accidents (A) at a high-volume 
rotary intersection in Brick Township, New Jersey, and (B) on a 
route connecting such intersection with another high-volume 
rotary intersection in Wall Township, New Jersey. 
(3) JOHNSTOWN, PENNSYLVANIA.—The Secretary shall carry 
out a demonstration project in the vicinity of Johnstown, Penn-
sylvania, for the purpose of demonstrating methods by which a 
highway construction project on a segment of the Federal-aid 
primary system will enhance highway safety and economic 
development in an area of high unemployment. 
(4) FORT SMITH, ARKANSAS.—The Secretary shall carry out a 
; 
highway project to demonstrate the economic growth and devel-
opment benefits of widening a segment of the Federal-aid urban 
system connecting a community college and a large commercial 
center in the vicinity of Fort Smith, Arkansas, and of improving 
traffic signalization on such segment. 
(5) MINNESOTA.—The Secretary shall carry out a demonstra-
tion project on the Federal-aid urban system for the purpose of 
demonstrating the economic and safety benefits— 
t 
(A) of constructing (i) a grade separation between a rail-
t 
road line and a highway, and (ii) a half diamond inter-
* 
change, in the vicinity of Moorhead, Minnesota; and 
(B) of reconstructing 2 deteriorated segments of a major 
east-west highway on the Federal-aid primary system in the 
' 
vicinities of Fosston and Bagley, Minnesota. 
4 
(6) LoYSBURG, PENNSYLVANIA.—The Secretary shall carry out 
a highway project to construct a 2-lane bypass around Loysburg 
in Bedford County, Pennsylvania, for the purpose of dem-
101 STAT. 182 
PUBLIC LAW 100-17—APR. 2, 1987 
onstrating methods of accelerating project construction and 
resolving environmental concerns among Federal and State 
agencies. 
(7) SAN BERNARDINO COUNTY, CAUFORNIA.—The Secretary 
shall carry out a demonstration project in the vicinity of the 
Ontario International Airport in San Bernardino County, 
California, for the purpose of demonstrating methods of improv-
ing highway access to an airport which is projected to incur a 
substantial increase in air service. 
(8) ALTOONA, PENNSYLVANIA.—The Secretary shall carry out a 
highway project to close a gap of approximately 12 miles in a 
multilane limited access road connecting the city of Altoona to 
the borough of Tyrone in Blair County, Pennsylvania, for the 
purpose of demonstrating state of the art delineation tech-
nology. For comparison purposes, the highway section to be 
constructed shall connect a highway section constructed with 
current delineation technology and an older highway section 
constructed with traditional delineation technology. The project 
shall demonstrate the latest horizontal and vertical delineation 
« '•. V 
-•/ ;' 
techniques and utilize innovative techniques in highway delin-
eation treatments to improve traffic control and highway safety. 
All delineation elements shall be designed to provide the opti-
Ak.-i:fioi':M'Jt'. 
mum life-cycle costs, thereby maximizing the highway safety 
benefits and minimizing future maintenance costs. The Sec-
retary shall provide necessary technical assistance in the design 
and construction of the project. Upon completion of the project, 
the highway shall be added to the Federal-aid primary system. 
(9) LOUISIANA.— 
(A) LAFAYETTE.—The Secretary is authorized to carry out 
a highway project to demonstrate the benefits to traffic flow 
and transportation of labor and materials by construction 
of a highway to provide limited continuous access between 
an interstate route and a highway on the Federal-aid pri-
mary system in Lafayette, Louisiana. 
(B) SHREVEPORT.—The Secretary is authorized to carry 
out a highway project which will demonstrate methods of 
reducing traffic congestion in the central business district 
of Shreveport, Louisiana, improving access to such district, 
^ . 
providing highway continuity, and satisfying national de-
fense requirements by connecting an interstate route with 
another interstate route which serves as a bypass around 
such city. 
(10) MIAMI, FLORIDA.—The Secretary is authorized to carry 
out a highway project which will demonstrate the most cost 
effective method of improving interstate motor vehicle access 
for passengers and cargo moving to and from the port of Miami, 
Florida. 
(11) ARKANSAS-MISSOURI.— 
(A) BELLA VISTA, ARKANSAS.—The Secretary is authorized 
to carry out a highway project in the State of Arkansas on a 
segment of a north-south highway on the Federal-aid pri-
mary system from the vicinity of the junction of Interstate 
Routes 1-40 and 1-540 to the boundary between the States 
> J) 
of Arkansas and Missouri in the vicinity of Bella Vista, 
Arkansas, for the purpose of demonstrating methods of 
improving highway safety and of accelerating highway 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 183 
construction. Such project shall increase the number of 
lanes on such segment from 2 to 4. 
(B) CARTHAGE, MISSOURI.—The Secretary is authorized to 
carry out a highway project on a segment of a north-south 
highway on the Federal-aid primary system from the vi-
cinity of Carthage, Missouri, to the boundary between the 
States of Arkansas and Missouri in the vicinity of Noel, 
Missouri, for the purpose of demonstrating methods of 
improving highway safety and accelerating 
highway 
construction. Such project shall increase the number of 
lanes on such segment from 2 to 4. 
(C) 
DESIGN 
FEATURES; 
TECHNICAL 
ASSISTANCE.—The 
projects authorized by subparagraphs (A) and (B) of this 
paragraph shall also demonstrate the latest high-type geo-
metric design features and new advances in highway traffic 
control and safety hardware. All design elements, including 
the highway pavement, shall be designed to provide the 
best life-cycle costs, thereby minimizing future mainte-
nance costs. The Secretary shall provide necessary tech-
nical assistance in the design and construction of such 
projects. 
(12) SANFORD, FLORIDA.—The Secretary shall carry out a high-
way project to demonstrate methods of reducing costs and 
expediting construction of an interchange in the vicinity of 
Sanford, Florida, and the intersection of Route 46A and an 
interstate route by contracting with a private business to design 
and construct such project. 
(13) SAN JOSE, CALIFORNIA.—The Secretary is authorized to 
carry out a demonstration project in the vicinity of San Jose 
and Santa Clara, California, for the purpose of demonstrating a 
unified method of reducing traffic congestion on a Federal-aid 
urban highway which is the result of the intersection of such 
highway with 2 other Federal-aid urban highways and a rail-
road crossing in a Vi-mile segment of such highway. 
(14) DISTRICT OF COLUMBIA.— 
(A) PROJECT DESCRIPTION.—The Secretary shall carry out 
a demonstration project in the vicinity of the C&O Canal in 
the District of Columbia for the purpose of substantially 
improving motor vehicle access at a major traffic generator 
without decreasing the efficiency of a Federal-aid primary 
highway. The Secretary shall enter into such arrangements 
as may be necessary to carry out such project with the 
Secretary of the Interior. 
(B) LIMITATION.—No Federal assistance shall be provided 
to carry out the demonstration project under this para-
graph until private sources dedicate at least 2.5 acres of 
land as a scenic easement for project purposes. 
(15) COMPTON, CALIFORNIA.—The Secretary shall carry out a 
highway project for construction of a grade separation on a 
route on the Federal-aid urban system in Compton, California, 
for the purpose of demonstrating methods of relieving traffic 
congestion and enhancing economic development. 
(16) MODESTO, CALIFORNIA.—The Secretary shall carry out a 
highway project to demonstrate methods by which construction 
of a grade separation for a railroad crossing of a highway on the 
Federal-aid primary system enhances urban redevelopment and 
lai STAT. 184 
PUBLIC LAW 100-17—APR. 2, 1987 
the effectiveness of a planned transportation center in Modesto, 
California. 
(17) COLUMBIA, MISSOURI.—The Secretary shall carry out a 
highway project for construction of 2 additional lanes on a 2-
lane 106-mile highway on the Federal-aid primary system which 
begins in the vicinity of Columbia, Missouri, and ends in the 
vicinity of Lancaster, Missouri, for the purpose of demonstrat-
ing methods of improving highway safety, reducing traffic 
congestion, and encouraging economic development. 
(18) 
EAST MILTON, MASSACHUSETTS.—The Secretary is 
au-
thorized to carry out a highway project to demonstrate the 
advantages of joint development and use of air rights in the 
construction of a deck over a depressed portion of an interstate 
route in East Milton, Massachusetts. 
(19) FAIRHOPE, ALABAMA.—The Secretary, in cooperation with 
the State of Alabama, shall carry out a highway project in the 
vicinity of Fairhope and Foley, Alabama, to demonstrate meth-
ods of accelerating the widening of a highway traffic segment of 
highway on the Federal-aid primary system necessary for the 
rapid evacuation of individuals during emergency weather 
conditions. 
(20) WILDER, KENTUCKY.—The Secretary shall carry out a 
» 
highway project in the vicinity of Wilder in Campbell County, 
'j 
Kentucky, to demonstrate the economic benefits to a port facil-
ity, industrial complex, and foreign trade zone and methods of 
enhancing highway safety by reconstruction of a segment of a 
highway on the Federal-aid urban system which connects an 
interstate route with a port facility. Such project shall increase 
' 
the number of lanes on such highway from 2 to 4 and may 
include realignment of such highway. 
t 
(21) Jo DAVIESS, ILLINOIS.—The Secretary shall carry out a 
highway project to demonstrate the safety benefits of providing 
additional and improved vehicular passing opportunities on, 
adding truck climbing lanes to, and straightening, a 50-mile 
segment of an east-west highway on the Federal-aid primary 
system which carries a high volume of traffic in Jo Daviess and 
Stephenson Counties, Illinois. 
(22) ALLENTOWN, PENNSYLVANIA.—The Secretary is au-
thorized to carry out a highway project in the city of Allentown, 
Pennsylvania, for the purpose of demonstrating methods of 
accelerating construction to eliminate a major rail-highway 
I 
crossing at grade, reducing traffic delays for both rail and motor 
vehicle traffic, and minimizing the impact on the surrounding 
urban environment. 
^ 
(23) RIVERSIDE, CAUFORNIA.—The Secretary shall carry out a 
highway project to demonstrate methods of improving safety on 
a highway on the Federal-aid primary system in Riverside, 
California, which is designated as a priority primary route 
. 
^ 
under section 147 of title 23, United States Code, by Committee 
^' 
Print Numbered 100-3 of the Committee on Public Works and 
Transportation of the House of Representatives. 
"
^ 
(24) BUFFALO, NEW YORK.—The Secretary shall carry out a 
highway project in Buffalo, New York, for the purpose of dem-
K 
onstrating methods of facilitating redevelopment of a water-
front area by construction of a connector ofi a highway on the 
Federal-aid primary system. Upon completion of the project, the 
connector shall be added to the Federal-aid urban system. 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 185 
(25) CLEVELAND, OHIO.—The Secretary shall carry out a high-
way project to replace a ramp which provides access to an 
industrial area of Cleveland, Ohio, for the purpose of dem-
onstrating the relationship between infrastructure improve-
ment and economic vitality. 
(26) PATTON ISLAND, ALABAMA.—The Secretary shall carry out 
a highway project to construct a bridge to cross the Tennessee 
River in Lauderdale and Colbert Counties, Alabama, in the 
vicinity of Patton Island, Alabama, for the purpose of dem-
onstrating methods of improving highway transportation and 
enhancing economic development. 
(27) WOOD COUNTY, OHIO.—The Secretary shall carry out a 
highway project to construct an interchange connecting Inter-
state Route 1-75 and a 4-lane, east-west highway in Perrysburg 
Township in Wood County, Ohio, for the purpose of demonstrat-
ing methods of reducing traffic congestion, improving traffic 
flow, and enhancing economic development. 
(28) CHICAGO, ILLINOIS.—The Secretary shall carry out the 
following highway projects in Chicago, Illinois: 
(A) A highway project to rehabilitate a drawbridge over 
the north branch of the Chicago River and realign an 
adjacent intersection which will demonstrate the use of the 
latest innovative bridge repair techniques on a bascule 
bridge. 
(B) A highway project to remove and replace an existing 
bridge on Lake Shore Drive in the Jackson Park Historic 
Landscape District and the Midway Plaissance with a new 
bridge in the same location and to widen the approach road 
to such bridge which will demonstrate the historic recre-
ation of a national register bridge and replacement of a 
deteriorated bridge. 
(C) A highway project between Chicago Avenue and 
Claybourn Avenue to disinvest a bridge over Goose Island 
which will demonstrate methods of reducing municipal and 
Federal burdens for rehabilitation and maintenance of a 
surplus highway facility. 
(29) WAYNE COUNTY, MICHIGAN.—The Secretary shall carry 
out two road improvement projects in Wayne County, Michigan, 
to demonstrate the benefits of enhancing safety and improving 
economic vitality of a depressed area. 
(30) COOK COUNTY, ILLINOIS.— 
(A) CHICAGO.—The Secretary shall carry out a highway 
project which demonstrates methods of utilizing a low cost 
alternative to reconstruction of a 1-mile segment of an east-
west road between Nagle and Oak Park Avenues, Chicago, 
Illinois, which is deficient due to soil conditions. 
(B) SOUTHWEST CHICAGO.—The Secretary shall carry out a 
highway project to construct three parking facilities adja-
cent to the Rock Island commuter rail lines in Southwest 
Chicago, Illinois, which will demonstrate the effectiveness 
of construction of parking facilities in relieving on-street 
parking congestion and unsafe parking practices. 
(C) OAK LAWN.—The Secretary shall carry out a highway 
project in Oak Lawn, Illinois, which demonstrates methods 
of improving highway safety by widening and resurfacing a 
4-lane major arterial with lane widths which are less than 
minimum State and Federal standards. 
101 STAT. 186 
PUBLIC LAW 100-17—APR. 2, 1987 
(D) CALUMET PARK.—The Secretary shall carry out a 
highway project which demonstrates methods of improving 
highway safety and access to a segment of the Interstate 
System by reconstruction of a congested major arterial in 
Calumet Park and Blue Island, Illinois. 
(E) CUMBERLAND STATION.—The Secretary shall carry out 
a highway project to construct the first level of a 2 level 
addition to an existing park and ride facility in the vicinity 
of Cumberland Station on the O'Hare Rapid Transit Line, 
Chicago, Illinois, which will demonstrate methods of reduc-
ing commuter traffic and traffic congestion and increasing 
utilization of available capacity on a rapid transit line. 
(F) ELEVATED ROAD.—The Secretary shall carry out a 
highway project to demonstrate the benefits of utilizing 
precast, prefabricated concrete structural segments in the 
reconstruction of an elevated road on a major artery in the 
southwestern portion of Chicago, Illinois, in order to mini-
1 
mize traffic disruption during the reconstruction. 
(G) PARKING FACILITIES.—The Secretary shall carry out a 
demonstration project for the construction of two parking 
lots at sites (i) where future stations are to be located on the 
Southwest Rapid Transit Line in Chicago, Illinois, and (ii) to 
which buses now provide mass transit service. Such project 
shall be carried out before the beginning of service on such 
rapid transit line in order to demonstrate methods of facili-
tating the transfer of passengers between different modes of 
transportation and of establishing ridership before the 
opening of a rapid transit line. 
(31) KANSAS CITY, MISSOURI.—The Secretary shall carry out a 
J 
highway project on a north-south route on the Federal-aid 
primary system in Kansas City, Missouri, to demonstrate meth-
ods by which construction of the first and southern-most phase 
of a 5-phase highway project will facilitate construction of the 
full 5-phase project. Construction of the 5-phase project— 
(A) will connect the northern terminus of another route 
on the Federal-aid primary system and an east-west inter-
• .? 
state route, 
(B) will demonstrate the interrelationship 
between 
:. 
construction of a major urban transportation artery and 
economic development initiatives in facilitating reinvest-
ment in an urban area experiencing economic decay, and 
(C) will demonstrate methods of reducing traffic conges-
^ 
tion through construction of a roadway that is compatible 
> 
with adjacent residential neighborhoods and commercial 
areas. 
(32) MOUNT VERNON, KENTUCKY.—The Secretary is authorized 
to carry out a highway project on a segment of the Federal-aid 
primary system which connects Interstate Route 1-75 in the 
vicinity of Mount Vernon, Kentucky, with Kentucky State 
Route 80 in the vicinity of Shopville, Kentucky, for the purposes 
of demonstrating methods of improving highway safety and 
traffic flow and improving access to a national river and recre-
ation area. 
;- 
(33) PINE CITY, MINNESOTA.—The Secretary is authorized to 
carry out a highway project in Pine City, Minnesota, to dem-
onstrate methods of enhancing economic development and 
improving highway safety and traffic flow by construction of an 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 187 
interchange between a highway on the Interstate System and a 
county State-aid highway. 
(34) PASO ROBLES, CAUFORNIA.—The Secretary is authorized to 
carry out a highway project in the city of Paso Robles, Califor-
nia, to construct a 2-lane, east-west bridge which will span the 
Salinas River, a highway, and a railroad line and will be located 
south of the existing bridges spanning such river in such city, 
for the purposes of demonstrating methods of improving high-
way 
safety and traffic 
flow and enhancing 
economic 
development. 
(35) SUFFOLK COUNTY, NEW YORK.—The Secretary is au-
thorized to carry out a highway project from Wheeler Road to 
Veterans Memorial Highway in the town of Islip, Suffolk 
County, New York, for the purpose of demonstrating construc-
tion techniques to accelerate upgrading of an existing highway 
to freeway standards with minimum disruption of traffic. 
(36) CONNECTICUT.— 
(A) SouTHiNGTON.—The Secretary shall carry out a high-
way project to demonstrate the latest construction tech-
niques in reconstructing a north-south segment of highway 
on the Federal-aid urban system in the vicinity of South-
ington, Connecticut. 
(B) KENT CENTER.—The Secretary shall carry out a high-
way project to change horizontal and vertical alignment of 
a north-south highway on the Federal-aid primary system 
south of Kent Center, Connecticut, to demonstrate methods 
of solving safety and flooding problems. 
(37) DOVER TOWNSHIP, NEW JERSEY.—The Secretary is au-
thorized to carry out a highway project to construct a bridge 
across the Toms River in the township of Dover, New Jersey, for 
the purpose of demonstrating methods of reducing traffic 
congestion on an existing bridge and facilitating the redevelop-
ment of the central business district of such township. 
(38) LOS ANGELES COUNTY, CAUFORNIA.—The Secretary is au-
thorized to carry out a highway project in Los Angeles County, 
California, for the purpose of demonstrating methods of improv-
ing vehicular circulation related to the intermodal transpor-
tation of port-related traffic and alleviating congestion caused 
by increased port activities. 
(39) GREATER PITTSBURGH INTERNATIONAL AIRPORT.—The Sec-
retary shall carry out in the vicinity of the Greater Pittsburgh 
International Airport a highway project for construction of a 
highway which is designated as a priority primary route under 
section 147 of title 23, United States Code, by Committee Print 
Numbered 100-3 of the Committee on Public Works and 
Transportation of the House of Representatives to demonstrate 
methods of improving economic development and airport termi-
nal placement. 
(40) STEUBEN COUNTY, NEW YORK.—The Secretary shall carry 
out a highway project in Steuben County, New York, for the 
purpose of demonstrating the extent to which the economy of an 
industrialized high unemployment area can be improved by 
completion of key elements of a modern, grade-separated access 
controlled highway which serves such area. 
(41) SONOMA AND MARIN COUNTIES, CAUFORNIA.— 
(A) SANTA ROSA.—The Secretary shall carry out a high-
way project for the purpose of demonstrating the extent to 
101 STAT. 188 
PUBLIC LAW 100-17—APR. 2, 1987 
t> I- 
which traffic congestion is relieved by reconstruction of a 
north-south arterial which (i) connects Santa Rosa, Califor-
nia, and Petaluma, California, (ii) is parallel to a major 
north-south segment of the Federal-aid primary system, 
and (iii) serves as an alternative for traffic between such 
cities. 
(B) HEALDSBURG.—The Secretary shall carry out a high-
way project for the purpose of demonstrating the extent to 
'H 
which traffic congestion is relieved on the major north-
south segment of the Federal-aid primary system described 
H 
in subparagraph (A) by construction of high occupancy 
vehicle lanes along a right-of-way which is parallel to such 
segment 
and 
connects 
San 
Rafael, 
California, 
and 
Healdsburg, California. 
(42) VoYAGEURS NATIONAL PARK, MINNESOTA.—The Secretary 
shall carry out a highway project which demonstrates methods 
of enhancing use of a national park and reducing traffic conges-
tion by reconstruction of an access road to Voyageurs National 
Park, Minnesota. 
(43) SAVANNAH, GEORGIA.—The Secretary, in cooperation with 
the State of Georgia, shall carry out a highway project for 
replacing an existing functionally obsolete bridge across the 
Savannah River in Savannah, Georgia, with a modern, high-
level structure for the purpose of demonstrating methods of 
improving safety and the free flow of both vehicular and water-
borne traffic including traffic related to national defense. 
(44) NEW SEWICKLY, PENNSYLVANIA.—The Secretary shall 
carry out a highway project to construct a 2-lane highway 
between the township of New Sewickly, Pennsylvania, and the 
borough of Conway, Pennsylvania, for the purpose of dem-
onstrating methods of accommodating increasing truck traffic 
and improving highway safety. 
(45) CROYLE TOWNSHIP, PENNSYLVANIA.—The Secretary shall 
carry out a highway project to upgrade a 1.3-mile access road to 
the Johnstown Flood National Memorial in the vicinity of 
Croyle Township, Pennsylvania, for the purpose of demonstrat-
ing methods of improving public access to a flood memorial. 
(46) LAWRENCE, MASSACHUSETTS.—The Secretary shall carry 
out in Lawrence, Massachusetts, a highway project to dem-
onstrate methods of enhancing the benefits of an economic 
rehabilitation project under construction by construction of a 
service road which provides access between Massachusetts 
Avenue and Merrimack Street substantially along an alignment 
located between the Shawsheen River and an interstate route. 
(47) LOUISIANA.— 
(A) The Secretary shall carry out a highway project on 
the west bank of the Mississippi River in the vicinity of 
Port Allen, Louisiana, for the purpose of demonstrating 
methods by which— 
(i) the inclusion of a diamond interchange on the 
Interstate System, including ingress and egress ramps 
2m'.^H t 
with an overpass, located between the existing Mis-
sissippi River Bridge access and an existing rural inter-
change; and 
'-\-,:n 
(ii) the connection and improvement of access to the 
^ii?«^ 
Interstate System by means of approaches from a 2-
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 189 
rng 
lane highway and a parish road to such diamond 
interchange; 
will eliminate safety hazards and reduce heavy truck traffic 
congestion from the Mississippi River Bridge exit ramp on 
the Interstate System and the City of Port Allen and the 
Texas-Pacific Railroad crossing and improve conditions for 
access to the Port of Greater Baton Rouge and the Intra-
coastal Canal. 
(B) The Secretary shall carry out a highway project in the 
vicinity of Baton Rouge, Louisiana, for the purpose of dem-
onstrating the benefits of reducing traffic congestion in the 
immediate vicinity of a split-diamond interchange which 
connects an east-west highway on the Interstate System, 2 
4-lane highways not on such system, and a 2-lane highway 
not on such system by providing— 
(i) a direct exit lane from the westbound lanes of 
the highway on such system to one of such 4-lane 
highways; 
(li) a direct access ramp and acceleration lane from 
t 
such 4-lane highway to the eastbound lanes of the 
highway on such system; and 
(iii) a direct exit lane from the eastbound lanes of the 
highway on such system to the other of such 4-lane 
highways. 
(C) The Secretary shall carry out a highway project in the 
vicinity of northeast Baton Rouge, Louisiana, for the pur-
pose of demonstrating the efficacy of reducing traffic 
congestion and improving traffic flow in the immediate 
vicinity of a highway on the Interstate System to connect 
such highway to a metropolitan airport terminal access 
road by construction of a direct access off-ramp link. 
(48) MiNDEN, LOUISIANA.—The Secretary shall carry out a 
highway project for the purpose of demonstrating methods of 
enhancing economic development by construction of a frontage 
road which provides Minden, Louisiana, alternative access to a 
highway immediately connecting to a highway on the Interstate 
System. 
(49) ANAHEIM, CALIFORNIA.—The Secretary shall carry out a 
project for research, development, and implementation of a 
computerized transportation management system to assist the 
city of Anaheim, California, and adjoining jurisdictions in man-
aging highway traffic congestion caused in part by an interstate 
route passing through an area of concentrated population and 
commercial development for the purpose of demonstrating the 
usefulness of such a system in reducing traffic congestion. 
(50) PINE BLUFF, ARKANSAS.—The Secretary shall carry out a 
highway bridge project at Lock and Dam 4 near Pine Bluff, 
Arkansas. 
(51) CLARKSVILLE, TENNESSEE.—The Secretary shall carry out 
a highway project to demonstrate methods of improving high-
way safety by making improvements to a road providing direct 
access from the Fort Campbell Military Reservation to the city 
of Clarksville, Tennessee. 
(52) CLARINDA, IOWA.—The Secretary shall carry out a high-
way project to reconstruct and rehabilitate a highway between 
Shenandoah and Clarinda, Iowa, for the purpose of demonstrat-
ing methods by which improved highway transportation in an 
101 STAT. 190 
PUBLIC LAW 100-17—APR. 2, 1987 
economically depressed rural area will increase economic activ-
ity in such area. 
(53) SAN DIEGO COUNTY, CALIFORNIA.—The Secretary shall 
carry out a highway project to expand a highway which con-
nects an interstate route in the vicinity of Oceanside, California, 
with another interstate route in the vicinity of Escondido, 
California, for the purpose of demonstrating methods of reduc-
ing traffic congestion and accidents. 
(54) SAINT CHARLES COUNTY, MISSOURI.—The Secretary shall 
carry out a highway project to construct a bypass highway to 
connect an east-west interstate route in Saint Charles County, 
Missouri, with the interstate beltway around Saint Louis, Mis-
souri, for the purpose of demonstrating methods of alleviating 
traffic congestion, especially commuter traffic congestion. 
(55) JoNESBORO, ARKANSAS.—The Secretary shall carry out a 
highway project for construction of 4 grade separations on a 4-
lane bypass route in the vicinity of Jonesboro, Arkansas, for the 
purpose of demonstrating methods of improving highway safety. 
(56) ILLINOIS.— 
r' 
(A) MOUNT VERNON.—The Secretary is authorized to 
carry out a highway project to reconstruct a segment of 
•fit 
approximately 1.4 miles of a State route connecting to an 
' 
interstate route in the vicinity of Mount Vernon, Illinois, 
for the purpose of demonstrating methods of improving 
highway safety. 
(B) EVANSVILLE.—The Secretary is authorized to carry 
out a highway project to upgrade a principal route through 
the village of Evansville, Illinois, for the purpose of dem-
onstrating methods of improving traffic flow. 
(C) UNION COUNTY.—The Secretary is authorized to carry 
out a highway project to improve a road leading to a 
? 
landmark in the vicinity of the city of Alto Pass, Union 
County, Illinois, for the purpose of demonstrating methods 
of improving access to such a landmark and of enhancing 
"' 
tourism. 
(57) CONCORD, CALIFORNIA.—The Secretary shall carry out a 
highway project between Concord, California, and West Pitts-
burg, California, for the purpose of demonstrating methods of 
improving highway safety and traffic flow by lowering the grade 
of, realigning, and widening an existing highway on the 
Federal-aid primary system. 
(58) GEORGIA.—The Secretary shall carry out a highway 
project which demonstrates methods of improving highway 
safety and reducing traffic accidents by reconstruction of a 
3.8-mile segment of highway between Interstate Route 1-285 
and the fork of Georgia State Route 141 as a 6-lane controlled 
access freeway with one-way frontage roads in each direction. 
(59) PIKE COUNTY, KENTUCKY.—The Secretary shall carry out a 
highway project to reconstruct a highway on the Federal-aid 
primary system between Open Fork Road and Road Fork of Big 
Creek Road in Pike County, Kentucky, for the purpose of 
demonstrating methods of improving highway safety in a 
mountainous area. 
(60) MADISON COUNTY, ILUNOIS.—The Secretary shall carry 
out a highway project to demonstrate the economic growth and 
development benefits of reconstructing a segment of road in 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 191 
Madison County, Illinois, which serves a high-growth industrial 
area. 
(61) ERWIN, TENNESSEE.—The Secretary shall carry out a 
highway project to extend, approximately 15 miles, a highway 
on the Appalachian development highway system between 
River View in Erwin, Tennessee, and Sam's Gap on the North 
Carolina-Tennessee border for the purpose of demonstrating 
methods of improving transportation in a mountainous area. 
(62) NEW RIVER, WEST VIRGINIA.—The Secretary is authorized 
to carry out a demonstration project to construct a parkway 
connecting to an interstate route, in accordance with the rec-
ommendations of the New River Parkway Authority, in the 
vicinity of the New River, West Virginia, for the purpose of 
demonstrating benefits to recreation, tourism, and industrial, 
economic, and community development. 
(63) KITTANNING-BROOKVILLE, PENNSYLVANIA.—The Secretary 
is authorized to carry out a project for reconstruction of 
approximately 30 miles of a 2-lane road on the Federal-aid 
primary system between Kittanning and Brookville, Pennsylva-
nia, for the purpose of demonstrating cost-effective methods of 
improving rural highways to accommodate wider and longer 
trucks. 
(64) AURORA-HOYT LAKES, MINNESOTA.—The Secretary is au-
thorized to carry out a project for construction of a highway 
connecting Aurora-Hoyt Lakes and Silver Bay, Minnesota, for 
the purpose of demonstrating methods of reducing traffic 
congestion in and around a recreational area. 
(65) KANAWHA COUNTY, WEST VIRGINIA.—The Secretary shall 
carry out a highway project which demonstrates methods of 
improving traffic flow in a rural area by reconstruction of the 
Chelyan Bridge in Kanawha County, West Virginia. 
(66) ROANOKE SOUND, NORTH CAROLINA.—The Secretary shall 
carry out a highway project which demonstrates methods of 
improving tourism, commercial enterprise, and water and high-
way transportation by construction of a bridge on an east-west 
Federal-aid 
primary 
route which 
connects Manteo and 
Whalebone, North Carolina, and traverses Roanoke Sound. 
(67) LINCOLN, ILLINOIS.—The Secretary shall carry out a high-
way project which demonstrates methods of improving highway 
safety and reducing traffic congestion by construction of a 
controlled access freeway which connects Interstate Route 1-55 
in the vicinity of Lincoln, Illinois, and Interstate Route 1-74 in 
the vicinity of Morton, Illinois. 
(68) SPARKS, NEVADA.—The Secretary shall carry out a high-
way project which demonstrates methods of improving eco-
nomic development and diversification, and eliminating traffic 
and highway safety hazards by construction in the city of 
Sparks, Nevada, of an interchange which connects Interstate 
Route 1-80 and Sparks Boulevard. 
(69) BURBANK-GLENDALE-PASADENA AIRPORT, CAUFORNIA.—The 
Secretary shall carry out a highway project which demonstrates 
methods of coordinating construction of ground access to an 
airport and construction of terminal and parking facilities at 
such airport. The Secretary shall carry out such project at the 
Burbank-Glendale-Pasadena Airport, California, by making a 
grant for construction of such ground access to the airport 
authority for such airport. 
101 STAT. 192 
PUBLIC LAW 100-17—APR. 2, 1987 
f 
(70) EL SEGUNDO, CAUFORNIA.—The Secretary shall carry out 
a highway project to increase the capacity of a tunnel in the 
vicinity of an airport serving El Segundo, California, which will 
demonstrate methods of mitigating increased traffic congestion 
which is projected to result from completion of a segment of the 
Interstate System. 
; 
(71) ALAMEDA ISLAND, CAUFORNIA.—The Secretary shall carry 
out a highway project to demonstrate methods of improving 
access to, and alleviating congestion on, a north-south route 
designated as part of the Interstate System under section 139 of 
title 23, United States Code, and its access roads, including 
access roads from Oakland International Airport and Alameda 
Island, California, to such interstate route. 
(72) DOUGLAS COUNTY, KANSAS.—The Secretary shall carry out 
a highway project in Douglas County, Kansas, to demonstrate 
methods of reducing traffic congestion and facilitating the usage 
by motorists on the Interstate System of recreational facilities 
by construction of a north-south limited access trafficway of 
approximately 4 miles in length which will connect an east-west 
interstate route to a reservoir and a university research park. 
(73) CHADVILLE, PENNSYLVANIA.—The Secretary shall carry 
out a highway project to relocate and reconstruct to 4 lanes a 
3.5-mile north-south segment of the Federal-aid primary system 
from the vicinity of Uniontown Bypass at Chadville, Pennsylva-
nia, to Pennsylvania Legislative Route 26082 in the vicinity of 
Fairchance, Pennsylvania, which will demonstrate methods of 
enhancing the development of a major industrial site. 
(74) CHAMBERSBURG, PENNSYLVANIA.—The Secretary shall 
carry out a highway project which demonstrates how construc-
tion of an interchange on a north-south interstate route will 
provide access to Chambersburg, Pennsylvania, and relieve traf-
fic congestion on an existing interchange on such interstate 
route. 
(75) BEAUMONT, TEXAS.—The Secretary shall carry out a high-
way project which demonstrates how construction of an over-
pass over an interstate route in the vicinity of the city of 
Beaumont, Texas, will relieve traffic congestion on such inter-
state route and provide direct access between the central busi-
ness district of such city and another part of such city. 
(76) SAINT LOUIS COUNTY, MINNESOTA.—The Secretary shall 
carry out a highway project for the construction of an access 
road from County Road 413 in Saint Louis CJounty, Minnesota, 
to a recreational complex on the Bois Forte Chippewa Reserva-
tion (Vermilion Sector) to demonstrate methods of providing 
jobs and enhancing economic development in a severely and 
chronically depressed area. 
(77) GLOUCESTER COUNTY, VIRGINIA.—The Secretary, in con-
sultation with the Governor of Virginia, the Secretary of De-
fense, and the Secretary of the Interior, shall carry out site 
selection and environmental studies and design and engineering 
for replacement or expansion of a bridge connecting Gloucester 
County with York County and the cities of Newport News and 
Hampton, Virginia, for the purpose of demonstrating methods 
of facilitating the resolution of Federal intra-governmental 
conflicts. 
(78) BRAZORIA COUNTY, TEXAS.—The Secretary shall carry out 
a highway project in Brazoria County, Texas, to demonstrate 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 193 
how the extension of a State highway to connect with another 
State highway can relieve traffic congestion in Fort Bend 
County, Texas. 
(79) HAMMOND, INDIANA.—The Secretary shall enter into such 
arrangements as may be necessary to carry out a demonstration 
project in Hammond, Indiana, for the relocation of railroad 
lines for the purpose of eliminating railroad-highway grade 
crossings. If the city of Hammond, Indiana, elects to carry out 
all or any portion of the demonstration project authorized by 
this paragraph before the funds authorized to be appropriated 
to carry out this paragraph are made available, the Secretary 
shall reimburse with such funds the city for the costs of carry-
ing out such project or portion. 
(80) ERIE COUNTY, NEW YORK.—The Secretary is authorized to 
carry out a highway project in Erie County, New York, to 
demonstrate methods of enhancing safety and reducing traffic 
congestion and delays at the terminus of an interstate route by 
relocating the terminus of such route. 
(81) TAMPA, FLORIDA.—The Secretary is authorized to carry 
out the remaining design work for a highway project for 
construction of a grade separation on a route on the Federal-aid 
primary system in the vicinity of Tampa, Florida, for the pur-
pose of demonstrating methods of improving motor vehicle 
access between rapidly growing urban areas as well as relieving 
motor vehicle congestion resulting from the transportation of 
freight to and from areas for the transshipment of waterborne 
commerce. 
(82) POST FALLS, IDAHO.—The Secretary is authorized to carry 
out a project to reconstruct Seltice Way (former United States 
Route 10) to a multilane facility through the City of Post Falls, 
Idaho, beginning at Pleasant View Road and ending at Huetter 
Road. 
(83) BOISE, IDAHO.—The Secretary is authorized to carry out a 
project to construct a multilane highway of 6.5 miles, in Boise, 
Idaho, from the Curtis Road interchange to Broadway Avenue, 
including interchanges, intersections, bridges, elevated struc-
tures, and the Orchard Street connection to Chinden Boulevard. 
(84) LAFAYETTE-WEST LAFAYETTE, INDIANA.—The Secretary is 
authorized to carry out— 
(A) acquisition of right-of-way, grading, and construction 
of ramps and a double span bridge to carry State Road 26 
over the Wabash River connecting the cities of Lafayette 
and West Lafayette, Indiana; 
(B) acquisition of right-of-way, grading, construction of a 
2.6-mile single track rail corridor, construction of a second 
rail span at the Wabash Avenue Overpass and transfer of 
Amtrak passenger services to a relocated depot facility at 
Second and Main Streets; and 
(C) acquisition of right-of-way, grading, construction of 
ramps and two rail corridor overpasses and associated 
C
i
f 
replacement street work to reconstruct the vehicular ap-
proach to the east end of Harrison Bridge which carries 
United States Route 231 over the Wabash River connecting 
the cities of Lafayette and West Lafayette. 
(85) DUBUQUE-DEWITT, IOWA.—The Secretary is authorized to 
carry out a project which replaces the route from the intersec-
tion of United States Route 61 and Grandview Avenue in 
101 STAT. 194 
PUBLIC LAW 100-17—APR. 2, 1987 
Dubuque, Iowa, extending northerly to a point near East 14th 
Street, and to improve the service level of the remaining 
connection from Interstate Route 1-80 to Dubuque extending 
from United States Route 30 at Dewitt to Grandview Avenue in 
Dubuque. 
(86) OLATHE, KANSAS.—The Secretary is authorized to carry 
out a project to construct an interchange at 119th Street and 
Interstate Route 1-35 in the City of Olathe, Kansas. 
(87) WEST CALCASIEU PARISH, LOUISIANA.—The Secretary is 
authorized to carry out a project to provide for an access road 
which parallels Interstate Route I-IO at Sulphur, Louisiana, in 
West Calcasieu Parish, in order to provide access to and from 
the Interstate System and access from Louisiana Highway 108 
to Louisiana Highway 3077. 
(88) SOUTHEAST BATON ROUGE, LOUISIANA.—The Secretary is 
authorized to carry out a project in southeast Baton Rouge, 
Louisiana, to widen off- and on-ramps of an interstate route 
interchange; to widen and improve approaches on both sides of 
the Interstate System of a 2-lane highway, including access 
ramps and turnouts; to construct a schoolbus loading area 
adjacent thereto; and to coordinate a partial relocation of a 2-
lane highway not on such system. 
(89) EAST LAFAYETTE, LOUISIANA.—The Secretary is authorized 
to carry out a project to construct an access road to Interstate 
Route I-IO from Louisiana Highway 354 in East Lafayette, 
Louisiana. 
(90) EAST LAFAYETTE, LOUISIANA.—The Secretary is authorized 
to carry out a project to construct a full-diamond interchange to 
connect Louisiana Avenue to Interstate Route I-IO in East 
Lafayette, Louisiana. 
(91) BRUNSWICK, MAINE.—The Secretary is authorized to carry 
out a project to construct the Brunswick-Topsham Bypass in 
Maine. The bypass will be a new limited access highway which 
will run from the vicinity of the interchange of Interstate Route 
1-95 and State Route 196 in Topsham, cross the Androscoggin 
River, and connect with United States Route 1 in Brunswick, 
Maine. 
(92) UNITED STATES ROUTE 48, MARYLAND.—The Secretary is 
authorized to carry out a project on United States Route 48 in 
Washington County, Maryland, to construct an eastbound ramp 
to United States Route 40 and a westbound access road from 
Mountain Road. 
(93) MARYLAND ROUTE 162.—The Secretary is authorized to 
carry out a project to realign an intersection to tie Maryland 
Route 162 directly into Poplar Avenue. Such project includes— 
(A) construction of additional lanes at the intersection to 
•;i; 
allow northbound Maryland Route 162 to westbound Poplar 
Avenue to become a through movement; 
(B) widening 2 miles of Maryland Route 162 from Poplar 
Avenue to Maryland Route 176 to 4 lanes; and 
(C) widening Va-mile of Poplar Avenue from Maryland 
Route 170 to Maryland Route 162 to 4 lanes. 
(94) ROUTE 4, MARYLAND.—The Secretary is authorized to 
carry out a project to replace a bridge carrying Maryland Route 
4 over the Patuxent River. 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 195 
(95) ROUTE 3, MARYLAND.—The Secretary is authorized to 
carry out a project to construct an interchange to connect 
Maryland Route 3 and Belair Drive. 
(96) ROUTE 197, MARYLAND.—The Secretary is authorized to 
carry out a project to construct a 4-lane divided highway to 
bypass Bowie, Maryland, from Rustic Hill Drive to south of the 
Amtrak line in Prince Georges County. 
(97) MARYLAND ROUTE II5.—The Secretary is authorized to 
carry out a project to relocate Maryland Route 115 from 
Montgomery Village Avenue to Shady Grove Road, Montgom-
ery County. This project involves the construction of a 4-lane 
divided highway. 
(98) MARYLAND ROUTE 213.—The Secretary is authorized to 
carry out a project to rehabilitate the Chester River Bridge on 
Maryland Route 213 at Chestertown, Maryland. 
(99) MARYLAND ROUTE 838.—The Secretary is authorized to 
carry out a project to replace a bridge connecting Maryland 
Route 838 to the Wye Island natural resources management 
area. 
(100) BELCHERTOWN, MASSACHUSETTS.—The Secretary is au-
thorized to carry out a project to construct a road of approxi-
mately 3,600 feet between Liberty Street and Massachusetts 
Route 21 in Belchertown, Massachusetts. 
(101) MICHIGAN.—The Secretary is authorized to carry out— 
(A) a project for construction of the United States Route 
31 freeway in Mason County, Michigan, from the south 
county line northward 11.1 miles to United States Route 10; 
(B) improvements, including road widening and resur-
facing to existing United States Routes 10 and 31 from the 
United States Route 10-United States Route 31 interchange 
east to Scotville, Michigan; and 
(C) improvements on United States Route 31 from 
Scotville north seventeen miles to Preuss Road in Manistee 
County, Michigan. 
(102) BLOOMINGTON, MINNESOTA.—The Secretary is authorized 
to carry out a project for the design and site location for the 
replacement of the Bloomington Ferry Bridge, located in 
Hennepin and Scott Counties, Minnesota. 
(103) NEW AUGUSTA, MISSISSIPPI.—The Secretary is authorized 
to carry out a project to widen 14.7 miles of United States 
Highway 98 from 1.5 miles east of United States Highway 49 in 
Forrest County, east to State Route 29 in New Augusta, 
Mississippi. 
(104) HIGHWAY 30, NEBRASKA.—The Secretary is authorized to 
carry out a project to replace the bridge that carries Highway 
30 over the Missouri River between Blair, Nebraska and Mis-
souri Valley, Iowa. 
(105) LAS VEGAS, NEVADA.—The Secretary is authorized to 
carry out a project to construct an interchange at Sahara 
Avenue and Interstate Route 1-15, in the city of Las Vegas, 
Nevada. 
(106) HENDERSON, NEVADA.—The Secretary is authorized to 
carry out a project to improve the Boulder Highway in Hender-
son, Nevada The project involves 6.36 miles along United States 
Route 93/95 from the intersection of Sunset Road to the inter-
section of Horizon Drive. 
101 STAT. 196 
PUBLIC LAW 100-17—APR. 2, 1987 
(107) Los ALAMOS-SANTA FE, NEW MEXICO.—The Secretary is 
authorized to carry out a project for a new route from Los 
Alamos, New Mexico to Santa Fe, New Mexico. 
(108) LONG ISLAND EXPRESSWAY, NEW YORK.—The Secretary is 
authorized to carry out a study to examine the feasibility of 
adding a fourth lane in each direction on Interstate Route 1-495 
in New York. 
(109) NASSAU EXPRESSWAY, NEW YORK.—The Secretary is au-
thorized to carry out a project to extend the Nassau Expressway 
from Burnside Avenue to Broadway in New York. 
(110) WESTCHESTER PARKWAY, NEW YORK.—The Secretary is 
authorized to carry out a project on the Westchester Parkway, 
New York, to widen the segment between the Hawthorne Inter-
change and Washburn Road, reconstruct the southbound lanes 
in the vicinity of Pleasantville Road, and reconstruct the 
Pleasantville Road Interchange. 
?'^ 
(111) NORTH DAKOTA.—The Secretary is authorized to carry 
out the following projects on access highways to public recre-
ation areas on certain lakes and State parks in North Dakota in 
order to accommodate present and projected traffic density: 
(A) MORTON COUNTY.—The Secretary is authorized to 
carry out a project for bridge replacement and access road 
to Sweetbriar and Crown Butte Lakes, North Dakota. 
(B) MERCER COUNTY.—The Secretary is authorized to 
*" ' 
carry out a project to construct an access road in Mercer 
County, County FAS Route 2927 from 4 miles north of 
Hazen, North Dakota north 8 miles to Hazen Bay, Lake 
'^•^ 
Sakakawea. 
^ ' 
(C) RANSOM COUNTY.—The Secretary is authorized to 
carry out a project to construct an access road in Ransom 
County, County FAS Route 3705 from State Highway 46, 
south 17 miles to State Highway 27 and a 1-mile spur to 
mo 
Fort Ransom State Park. 
tjaJamBi 
(D) BENSON AND RAMSEY COUNTIES.—The Secretary is au-
thorized to carry out a project to construct an access road in 
b«s 
Benson and Ramsey Counties FAS Route 0322 from United 
-
>
f
i
« 
States Route 281 at Minnewaukan, east to Tri-County Park, 
iti 
north to State Highway 19. 
(E) MOUNTRAIL COUNTY.—The Secretary is authorized to 
hs>* 
carry out a project to construct an access road in Mountrail 
County from Parshall west 10 miles to Parshall Bay on 
Lake Sakakawea. 
,t>iai;^ 
(F) EMMONS COUNTY.—The Secretary is authorized to 
carry out a project to construct an access road in Emmons 
oi I 
County FAS Route 1503 from Beaver Bay 13 miles west of 
YjBv 
Linton, south 23 miles to the South Dakota State line. 
-iflM r • 
(G) MCKENZIE COUNTY.—The Secretary is authorized to 
carry out a project to construct an access road in McKenzie 
ot 
County from Charleson south and east 8 miles to Lake 
tn^i. 
Sakakawea. 
,8iigaV 
(H) GRAND FORKS COUNTY.—The Secretary is authorized 
to carry out a project to construct an access road in Grand 
oi 
Forks County from 1 mile east of Larimore, north 5 miles to 
Larimore Dam recreation area. 
(I) GRAND FORKS COUNTY.—The Secretary is authorized to 
i 
carry out a project to construct an access road in Grand 
Forks County from County Road 19, 4 miles south of 
i^ifl E.J0,ft- ''f om -sn
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 197 
f-?ii!C - Fordville, east and south 9 miles to Fordville Dam recre-
'' 
ation area. 
(J) STEELE COUNTY.—The Secretary is authorized to carry 
out a project to construct an access road in Steele County 
State Highway 200, 9 miles east of Finley, north 9 
miles to the Golden Lake recreation area. 
(K) MCKENZIE COUNTY.—The Secretary is authorized to 
carry out a project to construct an access road in McKenzie 
County from United States Route 85 south of Williston, east 
4.2 miles to several bays on Lake Sakakawea. 
- 
(L) BOTTINEAU AND RENVIIXE COUNTIES.—The Secretary is 
authorized to carry out a project to construct an access road 
in Bottineau and Renville Counties, FAS Routes 3828 and 
0526 from Lake Darling 1 mile west of Grano, east 10 miles. 
(M) MOUNTRAIL COUNTY.—The Secretary is authorized to 
carry out a project to construct an access road in Mountrail 
County, FAS Route 3123 from State Highway 23, 6 miles 
east of Newtown, south 2.5 miles to Van Hook Bay on Lake 
Sakakawea. 
(112) GLADSTONE, NORTH DAKOTA.—The Secretary is au-
thorized to carry out a project to improve access to a regional 
grain elevator, FAS Routes 2117 and 4531 from State Highway 
ii/i(; 21 at Regent, north 34 miles to Gladstone and Interstate Route 
1-94, Gladstone, North Dakota. 
noi 
(113) EUGENE, OREGON.—The Secretary is authorized to carry 
out a preliminary engineering study to plan and design alter-
natives to the Ferry Street Bridge in Eugene, Oregon. 
(114) PROVIDENCE, RHODE ISLAND.—The Secretary is au-
thorized to carry out a project for United States Route 1 in 
Providence, Rhode Island, to make improvements on Aliens 
Avenue and Eddy Street to add a center turning lane, widen the 
road, provide for shoulders, and improve safety on approxi-
mately 3 miles of road. 
(115) WEST WARWICK, RHODE ISLAND.—The Secretary is au-
thorized to carry out a project on Wakefield Street in West 
Warwick, Rhode Island, to improve pavement surfaces, curbs, 
and sidewalks, to add drainage facilities, and to widen approxi-
mately 3.5 miles of such street. 
(116) MYRTLE BEACH, SOUTH CAROUNA.—The Secretary is au-
thorized to carry out a project to construct a new controlled 
access road from Interstate Route 1-95 at Florence, South Caro-
lina to United States Route 17, north of Myrtle Beach, South 
Carolina, including a connector from northwest of Conway, 
South Carolina, to United States Route 17, south of Myrtle 
Beach. 
(117) KEYSTONE, SOUTH DAKOTA.—The Secretary is authorized 
to carry out a project to construct an additional lane on South 
Dakota Route 244 from Mount Rushmore National Memorial to 
the vicinity of Keystone. 
(118) WEST TODD COUNTY, SOUTH DAKOTA.—The Secretary is 
authorized to carry out a project for grading and interim surfac-
ing of United States Route 18 in South Dakota from the West 
Todd County line, east. 
(119) IROQUOIS-DE SMET, SOUTH DAKOTA.—The Secretary is au-
thorized to carry out a project for grading and resurfacing 
United States Route 14 in South Dakota from Iroquois to De 
Smet. 
101 STAT. 198 
PUBLIC LAW 100-17—APR. 2, 1987 
(120) DALLAS, TEXAS.—The Secretary is authorized to carry 
out a project to construct and upgrade 8.1 miles from Beltline 
^ 
Road in Dallas County to SR-121 in Collin County. 
. 
(121) BLUE RIDGE PARKWAY, VIRGINIA.—The Secretary is 
au-
thorized to carry out a 10-mile extension of the Blue Ridge 
Parkway to the Explore Project (a tourist destination located in 
^ 
the Roanoke Valley in western Virginia to be designed and built 
f 
by the National Park Service and to be transferred to and 
maintained by the Blue Ridge Parkway portion of the National 
Park Service). 
!
^ (b) AUTHORIZATION OF APPROPRIATIONS FROM HIGHWAY TRUST 
FUND.—There is authorized to be appropriated, out of the Highway 
Trust Fund (other than the Mass Transit Account) per fiscal year for 
each of fiscal years 1987, 1988, 1989, 1990, and 1991 to carry out— 
(1) subsection (a)(1) $5,000,000; 
(2) subsection (a)(2) $2,000,000; 
^. 
(3) subsection (a)(3) $1,100,000; 
®^^ ' (4) subsection (a)(4) $850,000; 
• --
(5) subsection (a)(5) $500,000; 
:- 
(6) subsection (a)(6) $550,000; 
*' 
(7) subsection (a)(7) $2,900,000; 
I, 
(8) subsection (a)(8) $9,000,000; 
• 
(9) preliminary engineering and design under subsection (a)(9) 
$600,000; 
^ 
(10) preliminary engineering and design under subsection 
(a)(10) $1,030,000; 
(11)(A) preliminary engineering and design, utility relocation, 
land acquisition, and initial construction under subsection 
: 
(a)(ll)(A) $4,500,000; and 
I 
(B) preliminary engineering and design, utility 
'' 
land acquisition, and initial construction under 
"' 
(a)(ll)(B) $4,500,000; 
(12) subsection (a)(12) $1,400,000; 
'^ 
(13) subsection (a)(13) $2,900,000; 
--'" ^' 
(14) subsection (a)(14) $800,000; 
' 
'': 
(15) subsection (a)(15) $750,000; 
''^ 
(16) subsection (a)(16) $1,300,000; 
(17) preliminary engineering and design, utility relocation, 
j" 
land acquisition, and initial construction under subsection 
^' 
(a)(17) $1,100,000; 
(18) subsection (a)(18) $350,000; 
^' 
(19) subsection (a)(19) $2,100,000; 
(20) subsection (a)(20) $900,000; 
r 
- 
" 
(21) subsection (a)(21) $300,000; 
- 
" •'''• ' 
(22) subsection (a)(22) $600,000; 
(23) subsection (a)(23) $800,000; 
" "• 
'" ' 
(24) subsection (a)(24) $1,250,000; 
(25) subsection (a)(25) $800,000; 
(26) subsection (a)(26) $1,500,000; 
(27) subsection (a)(27) $2,000,000; 
(28) subsection (aX28) $1,200,000; 
(29) subsection (a)(29) $220,000; 
(30) subsection (a)(30) $1,208,000; 
(31) subsection (a)(31) $1,500,000; 
(32) subsection (aX32) $1,400,000; • 
(33) subsection (aX33) $260,000; 
• 
-
(34) subsection (aX34) $310,000; 
i>i^ 
m 
k 
^A. 
relocation, 
subsection 
fi-'i.Htsej 
M 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 199 
(35) subsection (a)(35) $975,000; 
(36) subsection (a)(36) $385,000; 
(37) subsection (a)(37) $200,000; 
(38) subsection (a)(38) $7,400,000; 
(39) preliminary engineering and design under subsection 
(a)(39) $550,000; 
(40) subsection (a)(40) $800,000; 
(41)(A) subsection (a)(4r) $1,050,000; and 
(B) land acquisition under subsection (a)(41)(B) $2,400,000; 
(42) subsection (a)(42) $453,000; 
(43) subsection (a)(43) $6,650,000; 
(44) subsection (a)(44) $1,340,000; 
(45) subsection (a)(45) $72,000; 
(46) subsection (a)(46) $400,000; 
(47) subsection (a)(47) $1,080,000; 
(48) subsection (a)(48) $75,000; 
(49) subsection (a)(49) $90,000; 
(50) subsection (a)(50) $200,000; 
(51) subsection {a)(51) $500,000; 
(52) subsection (a)(52) $900,000; 
(53) subsection (a)(53) $1,880,000; 
(54) preliminary engineering and design under subsection 
(a)(54) $1,300,000; 
(55) subsection (a)(55) $1,230,000; 
(56) subsection (a)(56) $195,800; 
(57) land acquisition under subsection (aX57) $400,000; 
(58) subsection (a)(58) $2,500,000; 
(59) subsection (a)(59) $1,500,000; 
(60) subsection (a)(60) $220,000; 
(61) subsection (a)(61) $2,000,000; 
(62) subsection (a)(62) $1,760,000; 
(63) subsection (a)(63) $1,000,000; 
(64) preliminary engineering and design under subsection 
(a)(64) $150,000; 
(65) preliminary engineering and design under subsection 
(a)(65) $200,000; 
(66) subsection (a)(66) $1,800,000; 
(67) subsection (a)(67) $3,400,000; 
(68) subsection (a)(68) $1,170,000; 
(69) subsection (a)(69) $600,000; 
(70) preliminary engineering and design under subsection 
(a)(70) $300,000; 
(71) preliminary engineering and design, environmental 
analysis, and implementation of environmental mitigation 
measures under subsection (a)(71) $800,000; 
(72) subsection (a)(72) $900,000; 
(73) subsection (a)(73) $900,000; 
(74) subsection (aX74) $500,000; 
(75) subsection (a)(75) $600,000; 
(76) subsection (a)(76) $100,000; 
(77) subsection (a)(77) $400,000; 
(78) subsection (aX78) $300,000; 
a) 
(79) subsection (aX79) $563,000; 
(80) subsection (aX80) $800,000; 
(81) subsection (aX81) $1,370,000; 
(82) subsection (aX82) $1,800,000; 
(83) subsection (aX83) $500,000; 
101 STAT. 200 
PUBLIC LAW 100-17—APR. 2, 1987 
,n) 
0C 
tiV 
£t(^ 
m 
tm. 
(84) subsection (a)(84) $4,000,000; 
(85) subsection (a)(85) $4,000,000; 
(86) subsection (a)(86) $2,600,000; 
(87) subsection (a)(87) $590,000; 
(88) subsection (a)(88) $520,000; 
> , -^ 
(89) subsection (a)(89) $250,000; 
(90) subsection (a)(90) $250,000; 
(91) subsection (aX91) $3,000,000; 
(92) subsection (a)(92) $56,000; 
(93) subsection (a)(93) $310,000; 
(94) subsection (a)(94) $258,000; 
(95) subsection (a)(95) $862,000; 
(96) subsection (a)(96) $540,000; 
(97) subsection (a)(97) $856,000; 
(98) subsection (a)(98) $398,000; 
(99) subsection (a)(99) $260,000; 
(100) subsection (a)(100) $100,000; 
:: 
(101) subsection (a)(101) $4,000,000; 
(102) subsection (a)(102) $3,240,000; 
(103) subsection (a)(103) $2,058,000; 
(104) subsection (a)(104) $540,000; 
(105) subsection (a)(105) $900,000; 
(106) subsection (aX106) $600,000; 
(107) subsection (a)(107) $4,000,000; 
(108) subsection (a)(108) $200,000; 
(109) subsection (a)(109) $600,000; 
(110) subsection (a)(110) $800,000; 
(111)(A) subsection (a)(lll)(A) $180,000; 
(B) subsection (a)(lll)(B) $120,000; 
(C) subsection (a)(lll)(C) $300,000; 
(D) subsection (aXlll)(D) $370,000; 
(E) subsection (aXlllXE) $280,000; 
(F) subsection (aXl 1IXF) $590,000; 
(G) subsection (aXlll)(G) $80,000; 
,, ., ,.: 
(H) subsection (aXlllXH) $80,000; 
" ' 
j 
(I) subsection (aXUDd) $100,000; 
-
^
v ,,,. 
(J) subsection (aXlll)(J) $160,000; 
(K) subsection (aXlUXK) $80,000; 
(L) subsection (aXlUXL) $160,000; and 
(M) subsection (aXlllXM) $60,000; 
(112) subsection (aX112) $810,000; 
:
• 
(113) subsection (aX113) $250,000; 
(114) subsection (aX114) $400,000; 
.i 
(115) subsection (aX115) $380,000; 
(116) subsection (aX116) $4,000,000; 
(117) subsection (aX117) $300,000; 
(118) subsection (aX118) $930,000; 
(119) subsection (aX119) $754,000; 
(120) subsection (aX120) $4,000,000; and 
(121) subsection (aX121) $1,500,000. 
(c) MINIMUM ALX-OCATION.— 
(1) IN GENERAL.—If the total amount authorized for projects in 
a State in a fiscal year under subsection (b) is less than $829,060, 
the Secretary shall allocate an additional amount to such State 
for such fiscal year. The additional amount shall be an amount 
which, when added to the total amount authorized for projects 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 201 
in such State for such fiscal year under subsection (b), equals 
$829,060. 
(2) USE OF FUNDS.—Subject to subsections (d) and (e), amounts 
allocated under paragraph (1) shall be available to a State to 
carry out any project on a Federal-aid system. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated out of the Highway Trust Fund (other than 
the Mass Transit Account) $12,200,000 per fiscal year for each of 
fiscal years 1987, 1988, 1989, 1990, and 1991 to carry out this 
subsection. 
(d) AMOUNTS AVAILABLE FROM DISCRETIONARY FUNDS.— 
(1) DETERMINATION OF AMOUNT FOR EACH PROJECT.—For each 
project authorized by subsection (a), the Secretary shall make 
available in any fiscal year an amount equal to 60 percent of the 
amount authorized for such project for such fiscal year by 
» 
subsection (b). For each project constructed by a State with 
funds allocated under subsection (c), the Secretary shall make 
« 
available to such State for such project an amount equal to 60 
percent of the amount of such funds used for such project. 
' 
(2) 
AMOUNTS DERIVED FROM 
DISCRETIONARY FUNDS.—The 
amounts required to carry out paragraph (1) shall be derived 
from the discretionary funds described in paragraph (3). For 
; 
each of fiscal years 1987, 1988, 1989, 1990, and 1991, the Sec-
retary shall reserve from each such discretionary fund an 
amount equal to— 
(A) the total required to carry out paragraph (1) for such 
^ 
fiscal 
year, multiplied by 
I 
(B) a fraction, the numerator of which is the amount 
available to be distributed at the discretion of the Secretary 
i 
for such fiscal year from such discretionary fund, and the 
'".. 
denominator of which is the amount available to be distrib-
i [ 
uted at the discretion of the Secretary for such fiscal year 
1 
from all such discretionary funds. 
" 
(3) DISCRETIONARY FUNDS.—The discretionary funds referred 
to in paragraph (2) are the funds available to be distributed at 
the discretion of the Secretary under— 
; 
(A) section 103(e)(4) of title 23, United States Code, for 
highway assistance projects; 
J,, 
(B) section 118(b) of such title; 
Ante, p. 150. 
J 
(C) section 118(c) of such title; and 
xr 
(D) section 144(g) of such title; 
Ante, p. 161. 
r
v 
except that such discretionary funds shall not include the funds 
available under section 118(b) of such title in fiscal year 1987. 
(4) APPLICABILITY OF CERTAIN PROVISIONS.—A provision of title 
^
^ 
23, United States Code, shall only apply to amounts to be 
o 
obligated under this subsection to the extent that the Secretary 
;r determines that application of such provision is consistent with 
this section. 
5 (e) STATE SHARE.— 
(1) GENERAL RULE.—A State in which a project authorized by 
subsection (a) is located, or which constructs a project with 
funds received under an allocation under subsection (c), shall 
provide for such project an amount equal to 40 percent of the 
amount authorized for such project or the amount provided for 
such project from such allocation. Such amount shall be pro-
vided from non-Federal sources. 
101 STAT. 202 
PUBLIC LAW 100-17—APR. 2, 1987 
(2) LOCAL GOVERNMENT OPTION.—Any portion of the State 
share under this subsection and subsection (f) may be provided 
by a political subdivision of the State, at the election of such 
political subdivision. 
(f) ADDITIONAL FUNDS.— 
(1) GENERAL RULE.—If amounts provided under subsections 
(b), (c), (d), and (e) of this section are not sufficient to complete a 
project authorized by subsection (a), a State may use any funds 
apportioned or allocated to the State for Federal-aid highways 
(other than interstate construction, highway-railway crossings, 
and hazard elimination funds) and any State funds to complete 
such project. 
(2) FEDERAL SHARE.—If Federal-aid highway funds are used to 
complete a project pursuant to this subsection, the use of such 
funds shall be subject to the appropriate Federal share ap-
plicable with respect to such class of funds under title 23, 
United States Code. 
(g) DELEGATION TO STATES.—Subject to the provisions of title 23, 
United States Code, the Secretary shall delegate responsibility for 
construction of a project or projects under this section (other than 
subsection (k)) to the State in which such project or projects are 
located upon request of such State. 
(h) ADVANCE CONSTRUCTION.—When a State which has been dele-
gated responsibility for construction of a project under this section 
(other than subsection (k))— 
(1) has obligated all funds allocated under this section for 
'"^^ construction of such project; and 
(2) proceeds to construct such project without the aid of 
Federal funds in accordance with all procedures and all require-
ments applicable to such project, except insofar as such proce-
dures and requirements limit the State to the construction of 
projects with the aid of Federal funds previously allocated to it; 
the Secretary, upon the approval of the application of a State, shall 
pay to the State the Federal share of the cost of construction of the 
project when additional funds are allocated for such project under 
this section. 
(i) APPUCABIUTY OP TITLE 23.—Funds authorized by this section 
shall be available for obligation in the same manner as if such funds 
23 use 101 et 
were apportioned under chapter 1 of title 23, United States Code, 
seq. 
except that the Federal share of the cost of any project under this 
section shall be determined in accordance with this section and such 
u? 
, n/- funds shall remain available until expended. Funds authorized by 
subsections (b) and (c) shall not be subject to any obligation 
limitation. 
(j) REPORTS.— 
(1) STATUS REPORTS.—Not later than January 31 of calendar 
years 1988, 1989, 1990, and 1991, the Secretary shall submit to 
Congress a report on the status of the projects authorized by 
this section. 
(2) PASSAIC COUNTY, NEW JERSEY.—Not later than 180 days 
after completion of the demonstration project under subsection 
(aXD, the Secretary shall submit a report to Congress on the 
results of such project (including the timesavings), along with a 
description of the procedures used to accelerate design and 
construction of such project, a summary of the manner in which 
the techniques used in carrying out such project in an urban 
area differed from the techniques used in the demonstration 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 203 
project carried out under section 141 of the Federal-Aid High-
way Act of 1976 in a rural area, and an analysis of the costs and 
benefits of the accelerated completion of the project conducted 
under such paragraph (1). 
(3) ALTOONA, PENNSYLVANIA.—Not later than 1 year, 6 years, 
and 11 years after the completion of the state of the art delinea-
tion technology project under subsection (a)(8), the Secretary 
shall submit reports to the Congress, including but not limited 
:.j to the results of such project, the effects of using the best 
delineation technology on safety and other considerations, rec-
ommendations for applying the results to other highway 
projects, and any changes that may be necessary by law to 
permit further use of such delineation techniques. 
(4) ARKANSAS-MISSOURI.—Not later than 1 year, 6 years, and 
11 years after the completion of the projects under subsection 
(a)(ll), the Secretary shall submit reports to the Congress, 
including but not limited to the results of such projects, the 
effects of using design features and advances described in such 
paragraph on safety and other considerations, recommendations 
for applying the results to other highway projects, and any 
changes that may be necessary by law to permit further use of 
such features and advances. 
(5) LIMITATION ON FUNDING.—The cost of any reports required 
by this subsection (other than status reports under paragraph 
(1) with respect to a project) shall be paid for with funds made 
available under subsection (b) of this section for such project. 
(k) PRIORITY PROJECTS.— 
(1) PROJECT DESCRIPTIONS.— 
•: 
(A) DRY RIDGE, KENTUCKY.—The Secretary is authorized 
to carry out a highway project to demonstrate methods of 
improving traffic flow and safety on a portion of a Ken-
tucky State highway which connects an interstate route in 
the vicinity of Dry Ridge, Kentucky, with a highway on the 
Federal-aid primary system in the vicinity of Owenton, 
Kentucky. 
(B) ISLE OF PALMS, SOUTH CAROLINA.—The Secretary is 
authorized to carry out a highway project connecting the 
Isle of Palms, South Carolina, to the mainland for the 
t 
purpose of demonstrating the reduction in traffic conges-
tion, improved emergency preparedness, and increased 
accessibility to a sea island by construction of a high-level 
fixed span bridge over a high-volume intracoastal waterway 
segment. 
(C) IDAHO FALLS, IDAHO.—The Secretary is authorized to 
carry out the United States Route 20/26 Highway Project, 
<fi 
located on United States Route 20/26 and United States 
Route 20 between the Idaho National Engineering Labora-
tory site and the city of Idaho Falls, Idaho. 
(D) LAS CRUCES, NEW MEXICO.—The Secretary is au-
thorized to carry out work on United States 70 in the State 
of New Mexico from Las Cruces, New Mexico to Texico, 
New Mexico. 
(E) LAWRENCE, KANSAS.—The Secretary is authorized to 
carry out, in Lawrence, Kansas, a bypass project which is a 
model for its cost-sharing arrangement and economic devel-
opment goals. 
23 u s e 124 note. 
Reports. 
Reports. 
101 STAT. 204 
PUBLIC LAW 100-17—APR. 2, 1987 
.slon 
i^im 
Btieqoii 
o; 
no 
xi 
X-
k. 
I-
>
^ 
9r 
*{• 
b 
K-
oi by. 
(F) WICHITA, KANSAS.—The Secretary is authorized to 
carry out, in Wichita, Kansas, the replacement of a conven-
tional intersection of 2 heavily-travelled streets at Kellogg 
and Oliver with a new low-cost European fly-over design for 
the interchange. 
(G) EMPORIA, KANSAS.—The Secretary is authorized to 
construct, in Emporia, Kansas, a new Prairie Street over-
pass to overcome existing flood conditions. 
(H) SOUTH CAROLINA.—The Secretary is authorized to 
construct the South Carolina portion of the Bobby Jones 
Expressway bypass from 1-20 near North Augusta, South 
Carolina, south across the Savannah River into Georgia, 
where it connects with 1-520. 
(I) FORT WORTH, TEXAS.—The Secretary is authorized to 
carry out reconstruction and widening of a critical inter-
change ("West Leg") involving major, heavily traveled east-
west and north-south interstate highways (1-30 and 1-35, 
respectively), Fort Worth, Texas. 
(J) 
EBSENBERG, 
PENNSYLVANIA.—The 
Secretary 
is 
authorized to carry out and construct the Ebsenberg Penn-
sylvania bypass to divert traffic from Route 219 in 
Ebsenberg, Pennsylvania, to a 5.1 mile relocated segment. 
(K) ST. LOUIS, MISSOURI.—The Secretary is authorized to 
carry out the restoration of the Martin Luther King bridge 
connecting the metro east area in Illinois and St. Louis, 
Missouri. 
(L) lowA.—The Secretary is authorized to carry out the 
construction of a bridge on United States Route 30 in Iowa 
to replace a 56-year-old structure which is too narrow to be 
utilized by motor carriers. 
(M) EAST CHICAGO, INDIANA.—The Secretary is authorized 
to construct the Cline Avenue—1-94 Interchange in East 
Chicago, Indiana. 
(N) EAST CHICAGO, INDIANA.—The Secretary is authorized 
to carry out the Cline Avenue Interchange improvement 
project in East Chicago, Indiana, for the reconstruction of 
an 
intersection of Cline Avenue and the Borman 
Expressway. 
(O) TEXARKANA, TEXAS.—The Secretary is authorized to 
carry out a highway project in the United States Route 59 
highway corridor in Texas, from Texarkana to Houston to 
Beeville. 
(P) SOMERSET, PENNSYLVANIA.—The Secretary is au-
thorized to carry out a study to determine the feasibility of 
constructing a 4-lane highway out of a 2-lane segment of 
Route 219 between Somerset, Pennsylvania, and the border 
of the State of Maryland. 
(Q) JOHNSTOWN, PENNSYLVANIA.—The Secretary is au-
thorized to carry out a study to determine the feasibility of 
constructing a 4-lane highway out of a 2-lane segment that 
connects Route 56, near Johnstown, Pennsylvania, to Route 
22. 
(R) PITTSBURGH, PENNSYLVANIA.—The Secretary is au-
thorized to carry out a study to determine the feasibility of 
making Route 22 between Ebensburg and Pittsburgh, Penn-
sylvania, completely 4-lane. 
^ 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 205 
(S) ExTON, PENNSYLVANIA.—The Secretary is authorized 
d 
to carry out a project to construct a bypass of approxi-
mately 4.9 miles parallel to Route 30, to divert motor traffic 
around the city of Exton, Pennsylvania. 
(T) BELLA VISTA, ARKANSAS.—The Secretary is authorized 
'i. 
to carry out a highway project in the State of Arkansas on a 
segment of a north-south highway on the Federal-aid pri-
mary system from the vicinity of the junction of Interstate 
r 
Routes 1-40 and 1-540 to the boundary between the States 
of Arkansas and Missouri in the vicinity of Bella Vista, 
^ 
Arkansas, for the purpose of demonstrating methods of 
improving highway safety and of accelerating highway 
construction. Such project shall increase the number of 
"
• 
lanes on such segment from 2 to 4. 
^ , 
(2) FUNDING.—A State may use any amount apportioned for 
fiscal year 1987, 1988, 1989, 1990, or 1991 under section 104 
(other than 104(b)(5)(A)) or section 144 of title 23, United States 
Code, to pay the Federal share of the cost of a project under this 
subsection. 
(3) FEDERAL SHARE.—If Federal-aid highway funds are used to 
complete a project pursuant to this subsection, the use of such 
funds shall be subject to the appropriate Federal share ap-
plicable with respect to such class of funds under title 23, 
United States Code. 
SEC. 150. CUMBERLAND GAP NATIONAL HISTORICAL PARK. VIRGINIA. 
(a) AVAILABILITY OF PARKWAY FUNDS.—Section 160(a) of the Fed-
eral-Aid Highway Act of 1973 (87 Stat. 278) is amended by adding at 
the end the following new sentences: "After completion of the 
reconstruction and relocation of Route 25E through the Cumberland 
Gap National Historical Park (including construction of a tunnel 
and the approaches thereto), funds available for parkways, notwith-
standing the definition of parkways in section 101(a) of title 23, 
United States Code, shall be available to finance the cost of upgrad-
ing from 2 lanes to 4 lanes a highway providing access from such 
route through that portion of the Cumberland Gap National Histori-
cal Park which lies within the State of Virginia. The project re-
ferred to in the preceding sentence, including preparation of any 
environmental impact statements with respect to such project, shall 
not delay or affect in any way the reconstruction and relocation 
of Route 25E (including construction of a tunnel and approaches 
thereto).". 
(b) INCLUSION OF APPROACHES.—Subsection (b) of section 160 of 
such Act is amended by inserting after "rights-of-way" the follow-
ing: ", including approaches in the State of Virginia,". 
SEC. 151. DELAWARE RIVER BRIDGES. 
Pennsylvania. 
(a) REPAYMENT OF FEDERAL FUNDS INVESTED ON 1-80 BRIDGE.— 
(1) IN GENERAL.—The Delaware River Joint Toll Bridge 
Commission (hereinafter in this section referred to as the 
"Commission"), in conjunction with the State highway agencies 
of the States of Pennsylvania and New Jersey, shall enter into 
an agreement with the Secretary to repay to the Treasury of the 
United States any Federal funds which previously have been 
obligated or otherwise expended by the Federal Government 
with respect to the Delaware Water Gap Bridge on 1-80. Such 
repayment shall be credited to the Highway Trust Fund. 
101 STAT. 206 
PUBLIC LAW 100-17—APR. 2, 1987 
.f.jfr<sv!.ypf!'.*»*4 
(2) EFFECT OF REPAYMENT.—Upon such repayment, such 
States and the Commission shall be free of all restrictions 
contained in title 23, United States Code, and any regulation or 
agreement thereunder, with respect to the collection or imposi-
tion of tolls or other charges for such bridge or the use thereof. 
(b) AGREEMENT TO CONSTRUCT 1-78 TOLL BRIDGE.—If the State of 
Pennsylvania, the State of New Jersey, and the Commission deter-
mine to operate the uncompleted bridge under construction in the 
vicinity of Easton, Pennsylvania, and Phillipsburg, New Jersey, on 
1-78 as a toll bridge, such States, the Commission, and the Secretary 
shall enter into an agreement with respect to such 1-78 bridge 
project as provided in section 129 of title 23, United States Code, 
notwithstanding the requirements of section 301 of such title or any 
existing agreement. 
(c) RIGHT OF REVIEW BY FEDERAL AGENCIES.—The Commission's 
authority to fix, charge or collect any fees, rentals, tolls, or other 
charges shall be as provided in its compact and supplements thereto 
(including the supplemental agreement described in subsection (e)); 
except that paragraph (c) of such supplemental agreement shall not 
be construed to eliminate the necessity for review and approval by 
any Federal agency, as may be required under applicable Federal 
law, to determine that the tolls charged by the Commission are 
reasonable and just consistent with the Commission's responsibil-
ities under such compact and supplements thereto. 
i 
(d) LIMITATIONS.— 
(1) No TOLLS ON EXISTING NONTOLL BRIDGES.—Nothing in this 
section shall be construed to grant congressional consent to the 
imposition of tolls by the Commission on any existing and 
operating bridge under the Commission's jurisdiction on which 
tolls were not charged and collected on January 1,1986. 
(2) NONAPPUCABIUTY TO 1-895 CORRIDOR.—Nothing in this 
section shall constitute congressional approval to construct any 
additional toll bridge in the previously designated 1-895 
corridor. 
(e) SUPPLEMENTAL AGREEMENT.— 
(1) CONSENT OF CONGRESS.—The consent of the Congress is 
hereby given to the supplemental agreement, described in para-
graph (2), concerning the Delaware River Joint Toll Bridge 
Commission, which agreement has been enacted by the State of 
Pennsylvania on December 18, 1984, as Act 206, laws of 1984, 
and by the State of New Jersey on October 21, 1985, as Public 
Law 1985, chapter 342. 
(2) DESCRIPTION OF AGREEMENT.—The agreement referred to 
in paragraph (1) reads substantially as follows: 
,.-.v-V^ 
..U t i i 
« i f 
.ou-'j '1 jtaw't 
Z^' 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 207 
"SUPPLEMENTAL AGREEMENT BETWEEN THE COMMON-
WEALTH OF PENNSYLVANIA AND THE STATE OF NEW 
JERSEY 
"SUPPLEMENTING THE COMPACT OR AGREEMENT ENTITLED 'AGREE-
MENT BETWEEN THE COMMONWEALTH OF PENNSYLVANIA AND THE 
STATE OF NEW JERSEY CREATING THE DELAWARE RIVER JOINT 
TOLL BRIDGE COMMISSION AS A BODY CORPORATE AND POLITIC AND 
DEFINING ITS POWERS AND DUTIES, AS HERETOFORE AMENDED AND 
SUPPLEMENTED, TO ESTABLISH THE PURPOSES FOR WHICH THE COM-
MISSION MAY FIX, CHARGE, AND COLLECT TOLLS, RATES, RENTS, 
AND OTHER CHARGES FOR THE USE OF COMMISSION FACILITIES AND 
PROPERTIES' 
"The Commonwealth of Pennsylvania and the State of New 
Jersey do solemnly covenant and agree, each with the other, as 
follows: 
"(a)(1) Notwithstanding any other provision of the compact hereby 
supplemented, or any provision of law, State or Federal to the 
contrary, as soon as the existing outstanding bonded indebtedness of 
the commission shall be refunded, defeased, retired, or otherwise 
satisfied and thereafter, the commission may fix, charge, and collect 
tolls, rates, rents, and other charges for the use of any commission 
facility or property and in addition to any purpose now or heretofore 
or hereafter authorized for which the revenues from such tolls, 
rates, rents, or other charges may be applied, the commission is 
authorized to apply or expend any such revenue for the manage-
ment, operation, maintenance, betterment, reconstruction, or 
replacement (A) of the existing non-toll bridges, formerly toll or 
otherwise, over the Delaware River between the State of New Jersey 
and the Commonwealth of Pennsylvania heretofore acquired by the 
commission pursuant to the provisions of the act of the State of New 
Jersey approved April 1, 1912 (Chapter 297), and all supplements 
and amendments thereto, and the act of the Commonwealth of 
Pennsylvania approved May 8, 1919 (Pamphlet Laws 148), and all 
supplements and amendments thereto, and (B) of all other bridges 
within the commission's jurisdiction and control. Betterment shall 
include but not be limited to parking areas for public transportation 
services and all facilities appurtenant to approved projects. 
"(2) The commission may borrow money or otherwise incur indebt-
edness and provide from time to time for the issuance of its bonds or 
other obligations for one or more of the purposes authorized in this 
supplemental agreement. The commission is authorized to pledge its 
tolls, rates, rents, and other revenues, or any part thereof, as 
security for the repayment, with interest, of any moneys borrowed 
by it or advanced to it for any of its authorized purposes, and as 
security for the satisfaction of any other obligation assumed by it in 
connection with such loan or advances. 
"(3) The authority of the commission to fix, charge, and collect 
fees, rentals, tolls or any other charges on the bridges within its 
jurisdiction, including the bridge at the Delaware Water Gap, is 
confirmed. 
"(4) The covenants of the State of New Jersey and the Common-
wealth of Pennsylvania as set forth in Article VI of the compact to 
which this is a supplemental agreement shall be fully applicable to 
.oidO 
any bonds or other obligations issued or undertaken by the commis-
sion. Notwithstanding Article VI or any other provision of the 
101 STAT. 208 
PUBLIC LAW 100-17—APR. 2, 1987 
compact, the State of New Jersey and the Commonwealth of Penn-
sylvania may construct a bridge across the Delaware River in the 
vicinity of Easton, Pennsylvania, and Phillipsburg, New Jersey, 
within ten miles of the existing toll bridge at that location. All the 
rest and remainder of the compact, as amended or supplemented, 
shall be in full force and effect except to the extent it is inconsistent 
with this supplemental agreement. 
"(b) The commission is authorized to fix, charge, or collect fees, 
rentals, tolls, or any other charges on the proposed bridge to be 
constructed in the vicinity of Easton, Pennsylvania, and Phillips-
burg, New Jersey, in the same manner and to the same extent that 
it can do so for other toll bridges under its jurisdiction and control: 
Provided, That the United States Government has approved the 
bridge to be a part of the National System of Interstate and Defense 
Highways with 90 per centum of the cost of construction to be 
contributed by the United States Government: And provided further, 
That the non-Federal share of such bridge project is contributed by the 
commission. The commission is further authorized in the same 
manner and to the same extent that it can do so for all the other toll 
bridges under its jurisdiction and control to fix, charge, and collect 
fees, rentals, tolls or any other charges on any other bridge within 
its jurisdiction and control if such bridge has been constructed in 
part with Federal funds. 
"(c) The consent of Congress to this compact shall constitute 
Federal approval of the powers herein vested in the commission and 
shall also constitute authority to the United States Department of 
Transportation or any successor agency and the intent of Congress 
to grant and Federal approvals required hereunder to permit the 
commission to fix, charge, and collect fees, rentals, tolls, or any 
other charges on the bridges within its jurisdiction to the extent 
provided in subsections (a) and (b) and this subsection and the 
compact. 
"(d) Notwithstanding the above provisions, the commission shall 
not fix, charge, or collect fees, rentals, tolls, or any other charges on 
any of the various bridges formerly toll or otherwise over the 
Delaware River between the State of New Jersey and the Common-
wealth of Pennsylvania heretofore acquired by the commission 
pursuant to the provisions of the act of the State of New Jersey 
approved April 1, 1912 (chapter 297), and all supplements and 
amendments thereto, and the act of the Commonwealth of Penn-
sylvania approved May 8, 1919 (Pamphlet Laws 148), and all supple-
ments and amendments thereto. 
"(e) At any time that the commission shall be free of all outstand-
ing indebtedness, the State of New Jersey and the Commonwealth of 
Pennsylvania may, by the enactment of substantially similar acts, 
require the elimination of all tolls, rates, rents, and other charges on 
all bridges within the commission's jurisdiction and control and, 
thereafter, all costs and charges in connection with the construction, 
management, operation, maintenance, and betterment of bridges 
within the jurisdiction and control of the commission shall be the 
financial responsibility of the States as provided by law.". 
SEC. 152. PROHIBITION 
ON WIDENING 
CERTAIN 
ROUTES THROUGH 
HISTORIC DISTRICT. 
Ohio. 
None of the funds authorized by this Act or any other Act or any 
amendment made by this Act may be obligated for a project to 
widen any State route through the historic district of the village of 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 209 
Hudson, Ohio, or for a project to construct an alternative or bypass 
route for such a route within 1 mile of such historic district, unless 
specifically approved by the village council of the village of Hudson, 
Ohio. 
SEC. 153. URBAN HIGH DENSITY PROGRAM. 
Of amounts available under the urban high density program, 
$2,806,675 is rescinded. $2,806,675 shall be made available out of the 
Highway Trust Fund by the Secretary for reconstruction of an 
interchange on an urban high density project designated in the 
State of Indiana in accordance with section 146 of title 23, United 
States Code (as such section was in effect on August 13, 1978). 
SEC. 154. SIGNS IDENTIFYING FUNDING SOURCES. 
If a State has a practice of erecting on projects under actual 
construction without Federal-aid highway assistance signs which 
indicate the source or sources of any funds used to carry out such 
projects, such State shall erect on all projects under actual construc-
tion with any funds made available out of the Highway Trust Fund 
(other than the Mass Transit Account) signs which are visible to 
highway users and which indicate each governmental source of 
funds being used to carry out such federally assisted projects and 
the amount of funds being made available by each such source. 
SEC. 155. SALVAGE OPERATION. 
Notwithstanding any other provision of law, the State of 
Massachusetts is required— 
(1) to assist and coordinate the salvaging of the foundation 
and associated structures of the historic Great House in City 
Square, Charlestown, Massachusetts; 
(2) to store the salvaged material during the depression and 
reconstruction of an interstate highway in Charlestown, 
Massachusetts; and 
(3) to assist and coordinate the incorporation of the Great 
House's foundation and related structures into the reconstruc-
tion of City Square at Charlestown, Massachusetts. 
SEC. 156. RELEASE OF CONDITION RELATING TO CONVEYANCE OF A 
CERTAIN HIGHWAY. 
Notwithstanding paragraph (1) of subsection Ot)) of section 146 of 
the Federal-Aid Highway Act of 1970 (84 Stat. 1739) and any agree-
ment entered into under such subsection, no conveyance of any road 
or portion thereof shall be required to be made under such para-
graph or agreement to the State of Maryland and the State of 
Maryland shall not be required to accept conveyance of any such 
road or portion. Funds authorized by such section may be obligated 
and expended without regard to any requirement of such paragraph 
or agreement that such conveyance be made. 
SEC. 
1
5
7
. 
MARYLAND 
INTERSTATE 
TRANSFER. 
Section 7 of the Act entitled "An Act to apportion certain funds 
for construction of the National System of Interstate and Defense 
Highways for fiscal year 1985 and to increase the amount authorized 
to be expended for emergency relief under title 23, United States 
Code, and for other purposes", approved March 9, 1984 (98 Stat. 55-
56), is amended— 
(1) in the first sentence by inserting "not to exceed" before 
"$100,000,000"; 
Indiana. 
JdU 8ii 
23 use 101 note. 
.atioooS 
Massachusetts. 
te: iO! ;:>8U-
Maryland. 
'Of r>cU f£ 
101 STAT. 210 
PUBLIC LAW 100-17—APR. 2, 1987 
(2) in the second sentence by striking out "$100,000,000" and 
inserting in lieu thereof "an amount equal to the amount of 
T such funds''; and 
(3) in the third sentence by striking out "$100,000,000" and 
inserting in lieu thereof "an amount equal to the amount of 
funds transferred under this section". 
23 u s e 127 note. 
SEC. 158. MOTOR VEHICLE STUDY. 
(a) STUDY.—The Secretary shall enter into appropriate arrange-
ments with the Transportation Research Board of the National 
Academy of Sciences (hereinafter in this section referred to as the 
"Board") to conduct a study of those motor vehicle issues set forth in 
.m<H- t
O
* jau 8. subsection (b) of this section. The Board shall consult with the 
Department of Transportation, the State highway administrations, 
the motor carrier industry, highway safety groups, and any other 
appropriate entities. 
(b) ITEMS INCLUDED.—The study shall include an analysis of the 
impacts of the various positions that have been put forth with 
Reports. 
respect to each issue. The final report shall include best estimates of 
the effects on pavement, bridges, highway revenue and cost respon-
sibility, and highway safety, and the changes in transportation costs 
and other mesisures of productivity for various segments of the 
trucking industry resulting from adoption of each of the positions 
identified and analyzed. Related issues of permitting, weight 
Ati9e;i i .H«a.M enforcement, and data availability and reliability shall be addressed 
as appropriate. The issues to be addressed shall include but not be 
limited to the following: 
(1) Elimination of existing, grandfather provisions of section 
127, title 23, United States Code, which allow higher axle loads 
*
^
^ and gross vehicle weights than the 20,000-pound single axle load 
"
^ limit, 34,000-pound tandem axle load limit, and 80,000-pound 
gross vehicle weight limit maximums authorized by the Federal-
23 use 101 note. 
Aid Highway Amendments of 1974 (Public Law 93-643), 
including permits for divisible loads and statutory provisions 
providing higher weights by formula, tolerance or statutory 
I. 
specification. 
(2) Analysis of alternative methods of determining a gross 
^«f viM 
lo 
vehicle weight limit and axle loadings for all types of motor 
" ' * 
carrier vehicles. 
(3) Analysis of the bridge formula contained in section 127 of 
such title 23 in view of current vehicle configurations, pavement 
and bridge stresses in accord with 1986 design and construction 
practices, and existing bridges on and off the Interstate System. 
(4) Establishment of a nationwide policy regarding the provi-
sions of "reasonable access" to the National Network for com-
bination vehicles established pursuant to the Surface Transpor-
23 use 101 note. 
tation Assistance Act of 1982. 
(5) Recommendation of appropriate treatment for specialized 
hauling vehicles which do not comply with the existing Federal 
bridge formula. 
(c) REPORT.—The Board shall submit a final report to the Sec-
retary and the Committee on Environment and Public Works of the 
Senate and the Committee on Public Works and Transportation of 
the House of Representatives on the results of the study conducted 
under this section, not later than 30 months after appropriate 
arrangements are entered into under subsection (a). Appropriate 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 211 
arrangements shall be concluded within 6 months after the date of 
the enactment of this Act. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated to carry out this section, out of the Highway Trust 
Fund (other than the Mass Transit Account), $500,000 per fiscal year 
for each of fiscal years 1987 and 1988. Funds authorized by this 
section shall be available for obligation in the same manner and to 
the same extent as if such funds were apportioned under chapter 1 
of title 23, United States Code, and shall remain available until 
23 USC lOl 
expended. 
«^ ««9- 
,., 
SEC. 159. RAIL-HIGHWAY CROSSINGS STUDY. 
23 USC 130 note. 
(a) STUDY.—The Secretary shall conduct a study of national high-
way-railroad crossing improvement and maintenance needs. The 
Secretary shall consult with the State highway administrations, the 
Association of American Railroads, highway safety groups, and any 
other appropriate entities in carrying out this study. 
O
b
) ITEMS INCLUDED.—The issues to be addressed by the study 
described in subsection (a) shall include, but not be limited to, the 
following: 
(1) An examination of any correlation which may exist be-
tween existing conditions at highway-railroad crossings and 
accident data at such crossings. 
(2) An examination of existing hsizards to motorists and rail-
road personnel and community impacts resulting from mobility 
and capacity constraints at such crossings including delays of 
police, fire, and emergency medical services. 
(3) An analysis of the most cost effective methods of protect-
ing the public at crossings including a review of the impact of 
Federal funds expended at crossings; division of cost of improve-
ments and maintenance between Federal, State, local govern-
ments and railroads; cost effectiveness of the railroad relocation 
demonstration program conducted under section 163 of the 
Federal-Aid Highways Act of 1973 as compared to the railroad- 
23 USC 130 note, 
highway crossings program conducted under section 130 of title 
23, United States Code; and the cost of upgrading existing 
equipment at crossings to the latest technology. 
(4) An examination of driver behavior at such crossings and 
what technologies are most effective in changing behavior and 
preventing accidents. 
(5) An examination of what effect the shift in rail traffic 
patterns, including abandonments, mergers, and increased 
demand in certain corridors) has on railroad-highway crossing 
needs. 
(6) A review of any other potential costs associated with such 
crossings, including accident liability, increased truck size and 
weight, and maintenance responsibilities. 
(7) An examination of railroad and highway needs relating to 
crossing safety, capacity, and mobility and the needs of commu-
nities affected by railroad-highway crossings. 
(8) An examination of the feasibility of addressing these needs 
on a corridor or system basis. 
(9) An examination of the responsibility of rail and highway 
authorities in addressing these needs. 
(c) REPORT.—Not later than 24 months after the date of the 
enactment of this Act, the Secretary shall submit a final report to 
the Committee on Environment and Public Works of the Senate and 
101 STAT. 212 
PUBLIC LAW 100-17—APR. 2, 1987 
the Committee on Public Works and Transportation of the House of 
Representatives on the results of the study conducted under this 
section along with recommendations of how crossing needs can be 
addressed in a cost effective manner. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated to carry out this section, out of the Highway Trust 
Fund (other than the Mass Transit Account), $600,000 for 1987. 
Funds authorized by this section shall be available for obligation in 
xQl J" ij 
^j^g same manner and to the same extent as if such funds were 
23 use 101 
apportioned under chapter 1 of title 23, United States Code, and 
e^ seq- 
shall remain available until expended. 
23 u s e 144 note. 
SEC. 160. STUDY OF HIGHWAY BRIDGES WHICH CROSS RAIL LINES. 
i) 
(a) NEEDS INVESTIGATION.—The Secretary shall conduct a com-
prehensive study and investigation of improvement and mainte-
nance needs for highway bridges which cross rail lines and whose 
ownership has been disputed. Such study and investigation shall 
assess— 
(1) railroad and highway needs relating to safety, capacity, 
and mobility and the needs of communities affected by such 
V 
bridges; 
(2) the feasibility of addressing these needs on a comprehen-
sive, national basis; and 
(3) the responsibility of railroad and highway authorities in 
• 
addressing these needs. 
(b) REPORT.—Not later than 30 months after the date of the 
enactment of this Act, the Secretary shall submit to the Committee 
on Environment and Public Works of the Senate and the Committee 
on Public Works and Transportation of the House of Representa-
tives a report on the Secretary's study and investigation along with 
recommendations on how the bridge needs referred to in subsection 
(a) may best be addressed on a long term basis in a cost-effective 
.e.jOfi OKI' ^t? 
manner. 
.;i 
23 u s e 402 note. 
SEC. 161. PARKING FOR HANDICAPPED PERSONS. 
(a) STUDY.—The Secretary shall conduct a study for the purpose of 
determining— 
(1) any problems encountered by handicapped persons in 
parking motor vehicles; and 
(2) whether or not each State should establish parking privi-
leges for handicapped persons and grant to nonresidents of the 
State the same parking privileges as are granted to residents. 
(h) REPORT.—Not later than 180 days after the date of the enact-
ment of this Act, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives a 
report on the results of the study conducted under subsection (a). 
(c) DEVELOPMENT OF PROPOSED UNIFORM STATE LAW.— 
(1) REQUIREMENT.—If the Secretary determines under subsec-
tion (a) that each State should establish parking privileges for 
handicapped persons and grant to nonresidents of the State the 
same parking privileges as are granted to residents, the Sec-
retary shall develop a proposed uniform State law with respect 
^^" to parking privileges for handicapped persons and submit a 
' 
copy of the proposed uniform State law to the Committee on 
Environment and Public Works of the Senate and the Commit-
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 213 
tee on Public Works and Transportation of the House of Rep-
resentatives and each State. 
(2) FACTORS TO CONSIDER.—In developing the proposed uni-
, 
form State law, the Secretary shall consult with the States and 
shall consider any advantages— 
(A) of ensuring that parking privileges for handicapped 
persons may be utilized whether a handicapped person is a 
passenger or a driver; 
(B) of the use of the international symbol of access as the 
exclusive symbol identifying parking zones for handicapped 
persons and identifying vehicles that may park in such 
parking zones; 
(C) of displaying the international symbol of access on 
license plates or license plate decals and on identification 
ti ; 
placards; and 
(D) of designing any identification placard so that the 
placard is easily visible when placed in the interior of any 
vehicle. 
(3) REPORT.—If a proposed uniform State law with respect to 
parking privileges for handicapped persons is developed and 
submitted to the Committee on Environment and Public Works 
of the Senate and the Committee on Public Works and 
Transportation of the House of Representatives under para-
graph (1), within 12 months after the date of such submission 
and each year thereafter, the Secretary shall report to such 
committees on the extent to which each State has adopted the 
proposed uniform State law. 
SEC. 
1
6
2
. 
BRIDGE 
MANAGEMENT 
STUDY. 
(a) INVESTIGATION AND STUDY.—The Secretary shall make a full 
and complete investigation and study of State bridge management 
programs for the purpose of determining whether or not States 
participating in the Federal bridge replacement and rehabilitation 
program under section 144 of title 23, United States Code, need to 
^ , 
establish a comprehensive bridge management program. 
' "
^ 
\ ,; 
(b) REPORT.—Not later than 180 days after the date of the enact-
ment of this Act, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives a 
report on the results of the investigation and study conducted under 
subsection (a) together with recommendations (including legislative 
and administrative recommendations) concerning State establish-
ment of comprehensive bridge management programs and any mini-
mum requirements of such programs which the Secretary considers 
appropriate based on the findings of such investigation and study. 
SEC. 163. STATE MAINTENANCE PROGRAM STUDY. 
23 USC 116 note. 
(a) INVESTIGATION AND STUDY.—The Secretary shall enter into 
appropriate arrangements with the National Academy of Sciences 
to conduct a complete investigation of the appropriateness of 
establishing minimum Federal guidelines for maintenance of the 
Federal-aid primary, secondary, and urban systems. 
(b) REPORT.—Not later than 18 months after entering into appro-
priate arrangements under subsection (a), the National Academy of 
Sciences shall submit to the Secretary and the Committee on 
Environment and Public Works of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives a 
101 STAT. 214 
PUBLIC LAW 100-17—APR. 2, 1987 
report on the results of the investigation and study conducted under 
subsection (a) together with recommendations (including legislative 
and administrative recommendations) concerning establishment of 
minimum Federal guidelines for maintenance of the Federal-aid 
primary, secondary, and urban systems. 
SEC. 164. FEASIBILITY STUDY OF USING HIGHWAY ELECTRIFICATION 
SYSTEMS. 
(a) GRANT PURPOSE.—The Secretary shall make a grant to the 
California Department of Transportation for the purpose of deter-
mining the feasibility and applicability of utilizing a highway elec-
trification system as a source of enerjgy for highway vehicles. Such 
grant shall cover the costs of activities necessary to make such 
determination, including (but not limited to) necessary land acquisi-
tion, construction of a test facility, research, planning, analysis, and 
engineering. 
(b) GRANT CONDITIONS.—A grant may only be made under this 
section if the California Department of Transportation agrees— 
(1) to conduct, through the test facility to be constructed 
under such grant, a study to determine the feasibility and 
applicability of using a highway electrification system as a 
source of energy for highway vehicles; and 
(2) to submit to the Secretary a report on the results of such 
study not later than three years after the date such construc-
tion is completed. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated to carry out subsection (a) of this section, out of the 
Highway Trust Fund (other than the Mass Transit Account), 
$970,000 per fiscal year for each of fiscal years 1987, 1988, and 1989. 
(d) FUNDING AND APPUCABIUTY OF TITLE 23.—Except as provided 
in subsection (e), funds authorized by this section shall be available 
for obligation in the same manner and to the same extent as if such 
funds were apportioned under chapter 1 of title 23, United States 
23 use 101 
Code, and such funds shall remain available until expended. 
et seq. 
(e) FEDERAL SHARE.—The Federal share of the cost of conducting 
the study under this section shall not exceed 65 percent. 
SEC. 165. COST EFFECTIVENESS STUDY OF HIGHWAY UPGRADING. 
(a) STUDY.—The Secretary shall conduct a study— 
(1) to determine the cost-effectiveness of carrying out a project 
to upgrade Route 219— 
Pennsylvania. 
(A) between its intersection with Interstate Route 1-80 
New York. 
near Dubois, Pennsylvania, and its intersection with the 
„P 
boundary between New York and Pennsylvania near Brad-
ford, Pennsylvania; and 
New York. 
(B) between its intersection with New York Route 242 
near Ellicottville, New York, and its intersection with New 
York Route 17 (Southern Tier Expressway) in Salamanca, 
New York; 
;,/; to the geometric and construction standards adopted for the 
National System of Interstate and Defense Highways; 
(2) to determine the feasibility of partially financing such 
project with toll revenues, of using reclaimed strip mining lands 
for right-of-way for such project, and of avoiding encroachment 
upon national and State forests and State game lands in carry-
ing out such project; and 
Missouri. 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 215 
(3) to determine the alignment on which such project should 
be carried out. 
(b) REPORT.—Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives 
on the results of the study conducted under this section together 
with any recommendations the Secretary may have concerning the 
project described in subsection (a). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated, out of the Highway Trust Fund (other than the Mass 
Transit Account) to carry out this section $650,000 for fiscal year 
1987. 
(d) FUNDING AND APPLICABILITY OF TITLE 23.—Funds authorized by 
this section shall be available for obligation in the same manner and 
to the same extent as if such funds were apportioned under chapter 
1 of title 23, United States Code, except that the Federal share of the 
23 use loi 
cost of conducting the study under this section shall not exceed 65 ^t seq. 
percent and such funds shall remain available until expended. 
SEC. 166. HIGHWAY FEASIBILITY STUDY. 
(a) STUDY.—The Secretary, in cooperation with the States of Lou- Louisiana, 
isiana, Arkansas, and Missouri, shall study the feasibility and neces- ^
^
^
i
^
f
^
'
^
f
^
-
sity of constructing to appropriate standards a proposed highway 
along a route from Shreveport, Louisiana, to Texarkana, Fort 
Smith, and Fayetteville, Arkansas, and Carthage and Kansas City, 
Missouri. Such study shall update the feasibility study conducted 
under section 143(6) of the Federal-Aid Highway Act of 1973. 
87 Stat. 272. 
Ot)) FEDERAL SHARE.—The Federal share of the cost of conducting 
the study under this section shall be 65 percent. 
(c) REPORT.—Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall transmit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives a 
report on the results of the study conducted under this section. 
SEC. 167. CALIFORNIA FEASIBILITY STUDY. 
(a) STUDY.—The Secretary shall study the feasibility and necessity 
of constructing a bypass highway around the city of Sebastopol, 
California. 
(b) REPORT.—Not later than 9 months after the date of the enact-
ment of this Act, the Secretary shall transmit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives a 
report on the results of the study conducted under this section. Such 
report shall compare the costs and benefits of constructing the 
highway referred to in subsection (a) and shall include the rec-
ommendations of the Secretary concerning the location of such 
highway and appropriate design standards for such highway. 
(c) AUTHORIZATION OF APPROPRIATION.—There is authorized to be 
appropriated, out of the Highway Trust Fund (other than the Mass 
Transit Account), to carry out this section $100,000 for fiscal year 
1987. 
(d) FUNDING AND APPLICABILITY OF TITLE 23.—Funds authorized by 
this section shall be available for obligation in the same manner and 
to the same extent as if such funds were apportioned under chapter 
1 of title 23, United States Code, except that the Federal share of the 
23 USC lOi 
et seq. 
101 STAT. 216 
PUBLIC LAW 100-17—APR. 2, 1987 
cost of conducting the study under this section shall not exceed 65 
percent and such funds shall remain available until expended. 
SEC. 168. NEW YORK FEASIBILITY STUDY. 
(a) STUDY.—The Secretary shall study the feasibility and necessity 
of constructing a major highway on an inland route as an alter-
native to New York Route 5 from the central business district of 
Buffalo, New York, to the towns immediately south of Buffalo, New 
York. 
(b) FEDERAL SHARE.—The Federal share of the cost of conducting 
the study under this section shall be 65 percent. 
(c) REPORT.—Not later than one year after the date of the enact-
ment of this Act, the Secretary shall submit a report to the Commit-
tee on Environment and Public Works of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives on the results of the study conducted under this 
- ' '' 
;- 
section together with any recommendations the Secretary may have 
concerning the project described in subsection (a). 
, 
^
^ .
^ ^ ^. 
SEC. 169. FLORIDA FEASIBILITY STUDY. 
(a) STUDY.—The Secretary, in cooperation with the State of Flor-
*
* 
ida, shall conduct a study of the feasibility and necessity of con-
structing, to appropriate standards, a tunnel of not less than 6 lanes 
(including approaches thereto) under the Intracoastal Waterway in 
the vicinity of, and north of, the Port Everglades Seaport in Fort 
Lauderdale, Florida, to replace a bridge on a State highway system 
and designated as part of the Federal-aid urban system. 
O
t
>
) MATTERS INCLUDED.—The study conducted under this section 
shall include— 
(1) an analysis of the need to reduce the congestion on the 
bridge referred to in subsection (a); 
^r 
(2) an analysis of the extent to which the tunnel described in 
subsection (a) would reduce such congestion; 
(3) an analysis of the extent to which such tunnel would 
improve navigation and the flow of vessels on the Intracoastal 
Waterway; 
(4) an analysis of the extent to which such tunnel would 
improve safety and emergency services, including emergency 
evacuation programs; 
. jy 
(5) if appropriate, an analysis of alternative transportation 
00 facilities which would relieve the congestion on such bridge; and 
(6) an analysis of feasible proposals for financing the construc-
tion of such tunnel and, if appropriate, each such alternative 
transportation facility, including cost estimates, recommenda-
tions as to the sharing of cost responsibilities, and other perti-
nent matters. 
(c) FEDERAL SHARE.—The Federal share of the cost of conducting 
the study under this section shall be 65 percent. 
(d) REPORT.—Not later than one year after the date of the enact-
ment of this Act, the Secretary shall transmit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives a 
report on the results of the study conducted under this section 
together with recommendations, including specific recommenda-
tions on the best method or methods of relieving the congestion on 
or ')au 8S 
the bridge referred to in subsection (a). 
^iS ,+si8^8 
.':^'jv; v-^ 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 217 
(e) CONSULTATION.—In carrying out each phase of the study under 
^
^
^
^
•
"
' '" '----^ ^' 
this section, the Secretary shall consult with local officials, rep-
resentatives of local civic organizations, representatives of the port, 
representatives of local businesses, and other interested parties. 
SEC. 170. VIRGIN ISLANDS FEASIBILITY STUDY. 
(a) REVIEW.—The Secretary, in cooperation with the Virgin Is-
lands Department of Public Works, shall review existing studies 
relating to traffic congestion in and around Charlotte Amalie, 
-.t q ^i;,^.. 
Virgin Islands, for the purpose of determining feasible alternatives 
to construction of any highway which extends eastward from the 
vicinity of the Windward Passage Hotel on the western fringe of 
Charlotte Amalie and a segment of which parallels the existing 
Charlotte Amalie waterfront and requires extensive landfill along 
the waterfront. Such alternatives must reduce traffic congestion in 
and around Charlotte Amalie. 
(b) REPORT.—Not later than 180 days after the date of the enact-
ment of this Act, the Secretary shall report to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives 
on the results of the review under this subsection. 
SEC. 171. STUDY OF FERRY BOAT SERVICE. 
(a) STUDY.—The Secretary, in consultation with the highway 
Nebraska. 
departments of the States of Nebraska and South Dakota, shall 
South Dakota, 
conduct a study to determine the feasibility and cost of establishing 
public ferry boat service on the Missouri River which connects a 
Federal-aid highway in the vicinity of Niobrara, Nebraska, with a 
Federal-aid highway in the vicinity of Springfield, South Dakota, 
and which meets the requirements of section 129(g) of title 23, 
United States Code. 
O
b
) FEDERAL SHARE.—The Federal share of the cost of conducting 
the study under this section shall be 65 percent. 
.vmiic 
(c) REPORT.—Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives 
on the results of the study conducted under this section together 
with any recommendations the Secretary may have concerning the 
establishment of the ferry boat service described in subsection (a). 
SEC. 172. REVIEW OF REPORTS ON UNITED STATES ROUTE 13 RELIEF 
ROUTE. 
The Congress requests the Board of Engineers for Rivers and 
Harbors of the United States Army Corps of Engineers to review— 
(1) the report of the State of Delaware and the Federal 
i 
Highway Administration for the United States Route 13 Relief 
• 
Route; Project No. F-1001(16), Contract No. 83-110-01; 
(2) the report of the Chief of Engineers on the Inland Water-
way from the Delaware River to Chesapeake Bay, Delaware and 
' 
Maryland, printed as House Document Numbered 63-196; and 
(3) other subsequent reports pertinent to the reports referred 
8SIS -im-; bi 
to in paragraphs (1) and (2); 
for the purpose of determining how to best modify the existing canal 
project to provide a new structure for the selected alignment of the 
United States Route 13 Relief Route. 
101 STAT. 218 
PUBLIC LAW 100-17—APR. 2, 1987 
23 u s e 307 note. 
SEC. 173. USE OF ROCK SALT ON HIGHWAYS. 
It is the sense of Congress— 
(1) that, to enhance environmental protection, and mitigate 
potential damages to highways and vehicles, Congress encour-
ages efforts to advance the research and development of alter-
native chemical de-icers to rock salt; 
(2) that Congress encourages research on alternative chemical 
de-icers to rock salt under the strategic highway research pro-
Ante, p. 167. 
gram under section 307(d) of title 23, United States Code; and 
(3) that once alternative de-icers are commercially available, 
the full cost of all de-icing materials, including damages to 
highways, vehicles, and the environment, should be considered 
? 
by State and local governments in determining their snow and 
ice control strategies. 
SEC. 174. 55-MILES PER HOUR SPEED LIMIT. 
(a) IN GENERAL.—Subsection 154(a) of title 23, United States Code, 
is amended— 
(1) by inserting "other than a highway on the Interstate 
System located outside of an urbanized area of 50,000 popu-
lation or more, (2) a maximum speed limit on any highway 
within its jurisdiction on the Interstate System located outside 
of an urbanized area of 50,000 population or more in excess of 65 
miles per hour" immediately after "hour"; and 
'i 
(2) by renumbering "(2)" as "(3)" at the two places "(2)" 
; 
appears. 
(b) CONFORMING AMENDMENT.—Subsection 154(f) of title 23, 
United States Code, is amended by inserting "on public highways 
with speed limits posted at 55 miles per hour" immediately after 
"hour'" 
H
i
g
h
w
a
y S
a
f
e
t
y 
TITLE II—HIGHWAY SAFETY ACT OF 1987 
Act of 1987. 
23 u s e 401 note. 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Highway Safety Act of 1987". 
SEC. 202. HIGHWAY SAFETY. 
(a) AUTHORIZATIONS OF APPROPRIATIONS.—The following sums are 
authorized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account): 
(1) NHTSA H
I
G
H
W
A
Y S
A
F
E
T
Y PROGRAMS.—For carrying out 
section 402 of title 23, United States Code, by the National 
Highway Traffic Safety Administration $126,000,000 for fiscal 
years 1988,1989,1990, and 1991. 
(2) N H T S A HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.— 
For carrying out section 403 of such title by the National 
Highway Traffic Safety Administration $33,000,000 for fiscal 
years 1987,1988,1989,1990, and 1991. 
OJ) EXTENSION OF NHTSA HIGHWAY SAFETY PROGRAMS FOR FISCAL 
YEAR 1987.—Section 203(a) of the Surface Transportation Assistance 
96 Stat. 2138. 
Act of 1982 is amended— 
(1) in paragraph (1) by striking out "and" and by inserting 
before the period at the end of such paragraph ", and 
$126,000,000 for the fiscal year ending September 30, 1987"; 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 219 
(2) in paragraph (2) by striking out "and" and by inserting 
"and September 30,1987" after "1986,"; and 
(3) in paragraph (4)(B) by striking out "and September 30, 
1986," and inserting in lieu thereof "September 30, 1986, and 
September 30,1987,". 
(c) 
MINIMUM 
OBLIGATIONS 
OF 
N H T S A 
HIGHWAY 
SAFETY 
AUTHORIZATIONS.— 
(1) ENFORCEMENT OF SPEED LIMIT.—Out of the funds au-
thorized to be appropriated under subsection (aX3) of this sec-
tion for each of fiscal years 1988, 1989, 1990, and 1991, not less 
than $20,000,000 per fiscal year shall be obligated under section 
402 of title 23, United States Code, for the purpose of enforcing 
the speed limit established by section 154 of such title. 
(2) SAFETY BELT PROGRAMS.—Each State shall expend in each 
fiscal year not less than 2 percent of the amount apportioned to 
"
_ 
it for such fiscal year of the sums authorized by subsection (a)(3) 
i 
of this section, for programs to encourage the use of safety belts 
by drivers of, and passengers in, motor vehicles. 
(d) OBUGATION CEILING FOR HIGHWAY SAFETY PROGRAMS.—Not-
withstanding any other provision of law, the total of all obligations 
for highway safety programs carried out by the National Highway 
Traffic Safety Administration under section 402 of title 23, United 
States Code, shall not exceed $121,000,000 for fiscal year 1987 and 
$126,000,000 per fiscal year for each of fiscal years 1988, 1989, 1990, 
and 1991. 
SEC. 
2
0
3
. 
ALCOHOL 
TRAFFIC 
SAFETY 
PROGRAMS. 
(a) PERIOD OF EUGIBILITY.—Section 408(c) of title 23, United States 
Code, is amended— 
(1) in the first sentence by striking out "three" and inserting 
in lieu thereof "5"; and 
(2) in the second sentence by striking out "third fiscal year" 
a
* 
and inserting in lieu thereof "third, fourth, and fifth fiscal 
years". 
O
b
) AVAILABILITY OF FUNDS.—Section 408(g) of title 23, United 
States Code, is amended by inserting before the period at the end of 
the second sentence the following: "and except that sums authorized 
by this subsection shall remain available until expended". 
(c) DEMONSTRATION OF CERTAIN DRUG AND ALCOHOL TESTING TECH-
NOLOGY.— 
(1) IN GENERAL.—The Secretary is authorized— 
(A) to test a new drug and alcohol testing technology 
which measures corneal retinal potential as exhibited in 
r 
the brain function wave form; and 
(B) to test the application of ignition interlock devices 
^•' 
that prohibit the operation of motor vehicles by intoxicated 
individuals; 
to determine the potential for applying such technology and 
-^ 
devices in preventing drug and alcohol related traffic deaths. 
-^ 
(2) REPORT.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall report to Congress on 
the effectiveness and the potential for application of the tech-
nology and devices described in paragraph (1). 
SEC. 204. SCHOOLBUS SAFETY MEASURES. 
(a) STUDY.— 
Motor vehicles. 
,.%;.-
Motor vehicles. 
23 u s e 402 note. 
101 STAT. 220 
PUBLIC LAW 100-17—APR. 2, 1987 
.aai;,Miiev toioM 
Federal 
Register, 
publication. 
^s^Wtdm^ i.'>?,joM 
49 u s e app. 
2314. 
(1) NATIONAL ACADEMY OF SCIENCES.—Not later than 30 days 
after the date of the enactment of this Act, the Secretary shall 
undertake to enter into appropriate arrangements with the 
National Academy of Sciences to conduct a comprehensive 
study and investigation of the principal causes of fatalities and 
injuries to schoolchildren riding in schoolbuses and of the use of 
seatbelts in schoolbuses and other measures that may improve 
the safety of schoolbus transportation. The purpose of the study 
and investigation is to determine those safety measures that are 
the most effective in protecting the safety of schoolchildren 
while boarding, leaving, and riding in schoolbuses. 
(2) REPORT.—In entering into any arrangements with the 
National Academy of Sciences for conducting the study and 
investigation under this subsection, the Secretary shall request 
the National Academy of Sciences to submit, not later than 18 
months after the date on which such arrangements are com-
pleted, to Congress and the Secretary a report on the results of 
such study and investigation. The report shall contain a list of 
those safety measures determined by the Academy to be most 
effective in protecting the safety of schoolchildren while board-
ing, leaving, and riding in schoolbuses. 
(3) REVIEW OF REPORT.—Upon receipt of the report under 
paragraph (2), the Secretary shall review such report for the 
purpose of determining those safety measures that are the most 
effective in protecting the safety of schoolchildren while board-
ing, leaving, and riding in schoolbuses. Not later than 2 months 
after the date of receipt of such report, the Secretary shall 
publish in the Federal Register a list of those safety measures 
which the Secretary determines are the most effective in 
protecting the safety of such children. 
(4) INFORMATION.—Upon request of the National Academy of 
Sciences, the Secretary shall furnish to the Academy any 
information which the Academy deems necessary for the pur-
pose of conducting the study and investigation under this 
subsection. 
(b) SCHOOLBUS SAFETY GRANT PROGRAM.— 
(1) SET-ASIDE.—Before apportioning any funds made available 
* to carry out section 402 of title 23, United States Code, for each 
of fiscal years 1989, 1990, and 1991, the Secretary may set aside 
an amount not to exceed $5,000,000 for making grants to States 
to implement those schoolbus safety measures published by the 
Secretary under subsection (a). 
(2) APPLICATION.—Any State interested in receiving under 
this subsection a grant to implement schoolbus safety measures 
in fiscal year 1989, 1990, or 1991 shall submit to the Secretary 
an application for such grant. Applications under this subsec-
r 
tion shall be submitted at such time and in such form and 
contain such information as the Secretary may require by 
regulation. 
(3) LIMITATION.—No State shall receive more than 30 percent 
of the funds set aside pursuant to this subsection for any fiscal 
year in grants under this subsection. 
SEC. 205. SPLASH AND SPRAY SUPPRESSANT DEVICES. 
Section 41403) of the Surface Transportation Assistance Act of 
1982 (49 U.S.C. 2314(b)) is amended by striking out paragraph (1) and 
inserting in lieu thereof the following: 
.. 
«9J; 
"ti. 
•hO 
fit 
oaiffK 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 221 
"(1) within 1 year after the date of the enactment of the 
Highway Safety Act of 1987, establish final minimum standards 
with respect to the performance and installation of splash and 
spray suppression devices for use on truck tractors, semitrailers, 
and trailers unless the Secretary has determined that there is 
no available technology which— 
"(A) can significantly reduce splash and spray from truck 
, 'i- 
tractors, semitrailers, and trailers, and 
"(B) can significantly improve visibility of drivers, 
as demonstrated during testing on highways, at test facilities, 
and in laboratories to take into account possible wind and rain 
conditions;". 
SEC. 206. HIGHWAY SAFETY PROGRAM AMENDMENTS. 
(a) GUIDELINES.—Section 402 of title 23, United States Code, is 
amended by striking out "standard" and "standards" each place 
they appear and inserting in lieu thereof "guideline" and "guide-
lines", respectively. 
03) WAIVERS FOR EXPERIMENTAL PROGRAMS.—Subsection (a) 
of 
such section is amended by striking out the last sentence. 
(c) ELIMINATION OF CERTAIN CONDITION.—Subsection (bXl) of such 
section is amended by striking out subparagraph (D), relating to 
comprehensive driver training programs, and by redesignating sub-
paragraphs (E) and (F) (and any references thereto) as subpara-
graphs (D) and (E), respectively. 
(d) RULEMAKING PROCESS.—Subsection (j) of such section is 
amended to read as follows: 
"(j) RULEMAKING PROCESS.—The Secretary shall, not later than 
September 1, 1987, begin a rulemaking process to determine those 
programs most effective in reducing accidents, injuries, and deaths. 
Not later than April 1, 1988, the Secretary shall promulgate a final 
rule establishing those programs determined to be most effective in 
reducing accidents, injuries, and deaths. If such rule is promulgated 
by April 1,1988, then it shall take effect October 1, 1988. If such rule 
is not promulgated by April 1, 1988, it shall take effect October 1, 
1989. After a rule is promulgated in accordance with this subsection, 
the Secretary may from time to time thereafter revise such rule 
under a rulemaking process described in the first sentence of this 
subsection. Any rule under this subsection shall be promulgated 
taking into account consideration of the States having a major role 
in establishing programs described in the first sentence of this 
subsection. When a rule promulgated in accordance with this 
subsection takes effect, only those programs established by such rule 
as most effective in reducing accidents, injuries, and deaths shall be 
eligible to receive Federal financial assistance under this section.". 
SEC. 207. HIGHWAY SAFETY EDUCATION AND INFORMATION. 
(a) NATIONAL HIGHWAY SAFETY CAMPAIGN.—Subsection (d) of sec-
tion 209 of the Highway Safety Act of 1978 is amended to read as 
23 USC 401 note, 
follows: 
"(d) NATIONAL HIGHWAY SAFETY CAMPAIGN.—Utilizing those tech-
niques, methods, and practices determined most effective under 
subsection Ot)), the Secretary of Transportation shall conduct a na-
tional highway safety campaign utilizing the local and national 
television and radio to educate and inform the public of techniques, 
q«F )8U 0
1
^ 
methods, and practices to reduce the number and severity of high- 
^®^*S 
way accidents. Not later than the 180th day after the date of 
101 STAT. 222 
PUBLIC LAW 100-17—APR. 2, 1987 
submission of the first report to Congress required by subsection (b) 
of this section, the Secretary shall commence the conduct of such 
campaign.". 
(b) LIMITATION ON OBLIGATIONS.—Subsection (h) of such section is 
amended by adding at the end thereof the following: "None of the 
amounts authorized by this subsection shall be available for obliga-
tion for any education or information program conducted in connec-
tion with the implementation of Federal Motor Vehicle Safety 
Standard 208 (49 C.F.R. 571.208).". 
(c) OBLIGATION CEILING.—Subsection (i) of such section is amended 
by inserting before the period at the end the following: "and except 
that the funds authorized to be appropriated to carry out this 
section shall not be subject to any obligation limitation". 
23 use 401 note. SEC. 208. OLDER DRIVER STUDY. 
(a) CONTRACT.—Not later than 30 months after the date of the 
enactment of this Act, the Secretary shall undertake to enter into 
appropriate arrangements with the National Academy of Sciences 
to conduct a comprehensive study and investigation of (1) problems 
which may inhibit the safety and mobility of older drivers using the 
Nation's roads, and (2) means of addressing these problems. 
(b) REPORT.—In entering into any arrangement with the National 
Academy of Sciences for conducting such study and investigation, 
the Secretary shall request the National Academy of Sciences to 
report to the Secretary and Congress not later than 24 months 
after the date of the enactment of this Act on the results of such 
study and investigation, together with its recommendations. 
(c) AVAILABILITY OF INFORMATION.—The Secretary shall furnish to 
such Academy at its request any information which the Academy 
deems necessary for the purpose of conducting the investigation and 
study authorized by this section. 
(d) PILOT PROGRAM.— 
(1) DEVELOPMENT OF PROGRAM.—The Secretary shall develop, 
in conjunction with the study carried out under this section, 
a 
pilot program of highway safety improvements to enhance the 
safety and mobility of older drivers. The program shall be 
designed to apply known technology at sites in rural and urban 
areas and on different types of highways and to determine the 
daytime and nighttime effectiveness of such technology. 
(2) STATES ENCOURAGED TO CARRY OUT PROGRAM.—The Sec-
retary shall encourage the States to carry out the pilot program 
developed under paragraph (1) with funds available for highway 
safety improvement projects. In particular, the Secretary shall 
encourage States with a high percentage of older drivers to give 
high priority to carrying out the pilot program. 
(3) EVALUATION AND REPORT.—Not later than 3 years after the 
date of the enactment of this Act, the Secretary shall evaluate 
the pilot program under this subsection and shall report to 
4oo ro^'-ieu «; 
Congress on the effectiveness of such program in improving the 
safety and mobility of older drivers. 
49 use app. 2204 SEC. 209. RESCISSION OF CONTRACT AUTHORITY. 
$148,000,000 of unobligated contract authority available for air-
port development and planning pursuant to section 505(a) of the 
49 use app. 
Airport and Airway Improvement Act of 1982 is rescinded. This 
2204. 
rescission does not reduce the balance in the Airport and Airway 
Trust Fund. 
Ufc 
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m-i^ 
ijr.uss 
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.r,,,.i .jr;,ij,i,, ,.;,. 
TMT*^ 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 223 
TITLE III—FEDERAL MASS 
TRANSPORTATION ACT OF 1987 
Federal Mass 
Transportation 
Act of 1987. 
SEC. 301. SHORT TITLE. 
This title may be cited as the "Federal Mass Transportation Act of 
1987". 
SEC. 302. LETTERS OF INTENT. 
Section 3(a)(4) of the Urban Mass Transportation Act of 1964 is 
amended by striking out "provided in an appropriation Act" and by 
striking out "specified in an appropriations Act." and inserting in 
lieu thereof "specified in law.". 
SEC. 303. CRITERIA FOR NEW STARTS. 
(a) GENERAL RULE.—Section 3 of the Urban Mass Transportation 
Act of 1964 is amended by adding at the end thereof the following 
new subsection: 
"(i) CRITERIA FOR NEW STARTS.—No grant or loan for construction 
of a new fixed guideway system or extension of any fixed guideway 
system may be made under this section unless the Secretary deter-
mines that the proposed project— 
"(1) is based on the results of an alternatives analysis and 
preliminary engineering; 
"(2) is cost-effective; and 
"(3) is supported by an acceptable degree of local financial 
commitment, including evidence of stable and dependable fund-
ing sources to construct, maintain, and operate the system or 
extension. 
In making grants and loans under this section, the Secretary may 
also consider such other factors as the Secretary deems appropriate. 
The Secretary shall issue guidelines that set forth the means by 
which the Secretary will evaluate cost-effectiveness, results of alter-
natives analysis, and degree of local financial commitment.". 
(b) LIMITATION ON APPUCABIUTY.—The amendment made by 
subsection (a) of this section shall not apply to any project— 
(1) for which a letter of intent or full funding contract has 
been issued under section 3(a)(4) of the Urban Mass Transpor-
tation Act of 1964 before the date of enactment of this Act; or 
(2) which was in the preliminary engineering, final design, or 
construction stage as of January 1,1987. 
SEC. 304. REPORT ON FUNDING LEVELS AND ALLOCATIONS OF FUNDS. 
Section 3 of the Urban Mass Transportation Act of 1964 is 
amended by adding at the end thereof the following new subsection: 
"0) REPORT ON FUNDING LEVELS AND ALLOCATIONS OF FUNDS.—Not 
later than 30 days after the date of enactment of this subsection and 
each January 20 thereafter, the Secretary shall prepare and trans-
mit to the Committee on Public Works and Transportation of the 
House of Representatives and the Committee on Banking, Housing, 
and Urban Affairs of the Senate— 
"(1) a proposal of the total amount of funds which should be 
made available in accordance with subsection (k)(lXD) of this 
section to finance for the fiscal year beginning on October 1 of 
such year grants and loans for each of the following: 
49 u s e 1601 
note. 
le'OsI 
49 u s e app. 
1602. 
Grants. 
Loans. 
49 u s e app. 1602 
note. 
Contracts. 
49 u s e app. 
1602. 
Grants. 
Loans. 
101 STAT. 224 
PUBLIC LAW 100-17—APR. 2, 1987 
Grants. 
Lo£ins. 
49 u s e app. 
1602. 
Grants. 
Loans. 
.eifiB' 
mn 
Supra. 
aHBoJ 
"(A) the replacement, rehabilitation, and purchase of 
buses and related equipment and the construction of bus-
related facilities, 
'J4.'f. 
"(B) rail modernization, and 
"(C) construction of new fixed guideway systems and 
extensions to fixed guideway systems; and 
lo tx "(2) a proposal of the allocation of the funds to be made 
available to finance grants and loans for the construction of new 
fixed guideway systems and extensions to fixed guideway sys-
tems among applicants for such assistance.". 
SEC. 305. ALLOCATION OF SECTION 3 FUNDS. 
'' 
r 
o 
:h)U)d6 
Section 3 of the Urban Mass Transportation Act of 1964 is 
amended by adding at the end thereof the following: 
"(k) ALLOCATIONS.— 
"(1) IN GENERAL.—Of the amounts available for grants and 
f 
loans under this section for fiscal years 1987, 1988, 1989, 1990, 
: 
and 1991— 
"(A) 40 percent shall be available for rail modernization; 
"(B) 40 percent shall be available for construction of new 
fixed guideway systems and extensions to fixed guideway 
systems; 
"(C) 10 percent shall be available for the replacement, 
fens 
rehabilitation, and purchase of buses and related equip-
ment and the construction of bus-related facilities; and 
"(D) 10 percent shall be available for the purposes de-
• 
scribed in subparagraphs (A) through (C), as determined by 
' 
the Secretary. 
"(2) ELIGIBILITY.—(A) The receipt of, or application for, assist-
ance for a project described in subparagraph (A), (B), or (C) of 
paragraph (1) shall not preclude eligibility for assistance for a 
project described in any other such subparagraph. 
"(B) Prior to the expiration of the 2-year period beginning on 
the date of enactment of this subsection, the Secretary may not 
change program administration regarding eligibility for assist-
ance for rail modernization.". 
SEC. 306. ADVANCE CONSTRUCTION. 
(a) DISCRETIONARY GRANT PROGRAM.—Section 3 of the Urban Mass 
Transportation Act of 1964 is amended by adding at the end thereof 
the following new subsection: 
"(1) ADVANCE CONSTRUCTION.— 
"(1) APPROVED PROJECT.—Upon application of a State or local 
public body which carries out a project described in this section 
or a substitute transit project described in section 103(e)(4) of 
title 23, United States Code, or portion of such a project without 
the aid of Federal funds in accordance with all procedures and 
requirements applicable to such a project and upon the Sec-
retary's approval of such application, the Secretary may pay to 
such applicant the Federal share of the net project costs if, prior 
to carrying out such project or portion, the Secretary approves 
. . the plans and specifications therefor in the same manner £is 
other projects under this section or such section 103(e)(4), as the 
case maybe. 
"(2) BOND INTEREST.— 
10 1 ^, 
"(A) ELIGIBLE COST.—Subject to the provisions of this 
paragraph, the cost of carrying out a project or portion 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 225 
i
f
>
-
>
f
r
- 
thereof, the Federal share of which the Secretary is au-
r
f 
thorized to pay under this subsection, shall include the 
amount of any interest earned and payable on bonds issued 
itdi 
^y ^^® State or local public body to the extent that the 
£. jj, 
proceeds of such bonds have actually been expended in 
j^^ 
- 
carrying out such project or portion. 
"(B) LIMITATION ON AMOUNT.—In no event shall the 
io *af 
amount of interest considered as a cost of carrying out a 
project or portion thereof under subparagraph (A) be 
greater than the excess o
f
— 
* 
"(i) the amount which would be the estimated cost of 
^ 
carrying out the project or portion if the project or 
^' 
portion were to be carried out at the time the project or 
^ 
„,. 
portion is converted to a regularly funded project, over 
t^u «i/i 
"(ji) the actual cost of carrying out such project or 
^' «'*^ 
portion (not including such interest). 
"(C) CHANGES IN CONSTRUCTION COST INDICES.—The Sec-
retary shall consider changes in construction cost indices in 
determining the amount under subparagraph (B)(i).". 
s (b) BLOCK GRANT PROGRAM.—Section 9 of such Act is amended by 49 use app. 
adding at the end thereof the following new subsection: 
1607a. 
„„,5; 
"(p) ADVANCE CONSTRUCTION.— 
"(1) APPROVED PROJECT.—When a recipient has obligated all 
^
» 
funds apportioned to it under this section and proceeds to carry 
out any project described in this section (other than a project for 
operating expenses) or portion of such a project without the aid 
of Federal funds in accordance with all procedures and all 
,9 
requirements applicable to such a project, except insofar as such 
ii 
procedures and requirements limit a State to carrying out 
projects with the aid of Federal funds previously apportioned to 
Q
r 
it, the Secretary, upon application by such recipient and his 
gf 
approval of such application, is authorized to pay to such recipi-
ent the Federal share of the costs of carrying out such project or 
^, 
portion when additional funds are apportioned to such recipient 
.3 
under this section if, prior to carrying out such project or 
portion, the Secretary approves the plans and specifications 
therefor in the same manner as other projects under this 
4,' 
section. 
^'' 
"(2) LIMITATION ON PROJECTS.—The Secretary may not ap-
prove an application under this subsection unless an authoriza-
tion for this section is in effect for the fiscal year for which the 
application is sought beyond the currently authorized funds for 
^" 
such recipient. No application may be approved under this 
subsection which will exceed— 
"(A) the recipient's expected apportionment under this 
section if the total amount of funds authorized to be appro-
'''•^ 
priated to carry out this section for such fiscal year were so 
-* 
:. 
appropriated, less 
:. ' 
"(B) the maximum amount of such apportionment which 
could be made available for projects for operating expenses 
under this section. 
"(3) BOND INTEREST.— 
"(A) ELIGIBLE COST.—Subject to the provisions of this 
paragraph, the cost of carrying out a project or portion 
thereof, the Federal share of which the Secretary is au-
thorized to pay under this subsection, shall include the 
amount of any interest earned and payable on bonds issued 
101 STAT. 226 
PUBLIC LAW 100-17—APR. 2, 1987 
49 u s e app. 
1603. 
Grants. 
49 u s e app. 
1607a. 
Regulations. 
Federal 
Register, 
publication. 
a.' I 
?' • ' 
by the recipient to the extent that the proceeds of such 
bonds have actually been expended in carrying out such 
project or portion. 
"(B) LIMITATION ON AMOUNT.—In no event shall the 
amount of interest considered as a cost of carrying out a 
project or portion under subparagraph (A) be greater than 
the excess of— 
"(i) the amount which would be the estimated cost of 
carrying out the project or portion if the project or 
portion were to be carried out at the time the project or 
portion is converted to a regularly funded project, over 
"(ii) the actual cost of carrying out such project or 
portion (not including such interest). 
"(C) CHANGES IN CONSTRUCTION COST INDICES.—The Sec-
retary shall consider changes in construction cost indices in 
n.^i^ ° ^ determining the amount under subparagraph (BXi)-". 
SEC. 307. SECTION 4(h)(1) REPORTS. 
Section 4(h)(1) of the Urban Mass Transportation Act of 1964 is 
amended to read as follows: 
"(h) QUARTERLY REPORTS.—(1) Not later than 30 days after the last 
day of each calendar quarter, the Secretary shall transmit to the 
Committee on Public Works and Transportation and the Committee 
on Appropriations of the House of Representatives and to the 
Committee on Banking, Housing, and Urban Affairs and the 
Committee on Appropriations of the Senate a report on— 
"(A) obligations, commitments, and reservations by State, 
designated recipient, and applicant, made under authority of 
this Act during that quarter; 
"(B) the balance as of the last day of that quarter of the 
unobligated, uncommitted, and unreserved apportionments 
made under this Act; 
"(C) the balance of unobligated, uncommitted, and unreserved 
sums available for expenditure at the discretion of the Sec-
.; 
retary under this Act as of the close of that quarter; 
"(D) a listing of letters of intent issued during that quarter; 
"(E) a status report on all letters of intent outstanding as of 
the close of that quarter; and 
"(F) a status report on the execution of grant contracts and 
the establishment of a letter of credit or other reimbursement 
uq; authority for sums already obligated for each State, designated 
recipient, and applicant.". 
SEC. 308. LEASED PROPERTY. 
Section 9(j) of the Urban Mass Transportation Act of 1964 is 
amended by inserting after the first sentence the following: "Grants 
for construction projects under this section shall also be available to 
finance the leasing of facilities and equipment for use in mass 
transportation service, subject to regulations limiting such grants to 
leasing arrangements which are more cost effective than acquisition 
or construction. The Secretary shall publish regulations under the 
preceding sentence in proposed form in the Federal Register for 
public comment not later than 60 days after the date of enactment 
of this sentence, and shall promulgate such regulations in final form 
not later than 240 days after such date of enactment.". 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 227 
SEC. 309. BUS REMANUFACTURING AND OVERHAULING OF ROLLING 
STOCK. 
(a) INCLUSION IN DEFINITION OF CONSTRUCTION,—Section 12(cXl) of 
the Urban Mass Transportation Act of 1964 is amended by inserting 
"(A)" after "such term also means" and by inserting before the 
semicolon at the end thereof the following: ", (B) any bus remanufac-
turing project which extends the economic life of the bus 8 years or 
more, and (C) any project for the overhaul of rail rolling stock 
(whether or not such overhaul increases the useful life of the rolling 
stock)". 
(b) EXPANSION OF ASSOCIATED CAPITAL MAINTENANCE ITEMS.— 
Section 9(j) of the Urban Mass Transportation Act of 1964 is 
amended— 
(1) in the last sentence, by striking out "and materials" and 
inserting in lieu thereof ", tires, tubes, and materials"; 
(2) in the last sentence, by striking out "1 per centum" and 
inserting in lieu thereof "¥2 of 1 percent"; 
(3) by inserting "(1)" before "Grants"; and 
(4) by adding at the end thereof the following: 
"(2) A project for the reconstruction (whether by employees of the 
grant recipient or by contract) of any equipment and materials each 
of which, after reconstruction, will have a fair market value no less 
than y^ of 1 percent of the current fair market value of rolling stock 
comparable to the rolling stock for which the equipment and mate-
rials are to be used shall be considered a project for construction of 
an associated capital maintenance item under this section.". 
(c) FEDERAL SHARE.—The first sentence of section 9(kXl) of such 
Act is amended by striking out "shall not exceed" the first place it 
appears and inserting in lieu thereof "shall be". 
(d) LOCAL MATCH.—The first sentence of section 9(kXl) of such Act 
is further amended by striking out "such project" and inserting in 
lieu thereof "such project; however, a recipient is permitted to 
provide additional local match at its option". 
(e) MAINTENANCE REQUIREMENT.—Section 3(aX2XA) of such Act is 
amended to read as follows: 
"(2XA) No grant or loan shall be provided under this section 
unless the Secretary determines that the applicant— 
"(i) has or will have the legal, financial, and technical capac-
ity to carry out the proposed project; 
"(ii) has or will have satisfactory continuing control, through 
operation or lease or otherwise, over the use of the facilities and 
the equipment; and 
"(iii) has or will have sufficient capability to maintain the 
facilities and equipment, and will maintain, such facilities and 
equipment.". 
(f) CONFORMING AMENDMENT.—The first sentence of section 9(kXl) 
of such Act is further amended by striking out "(including capital 
maintenance items)" and inserting in lieu thereof "(including any 
project for the acquisition or construction of an associated capital 
maintenance item)'. 
SEC. 310. LONG-TERM FINANCIAL PLANNING. 
Section 8(a) of the Urban Mass Transportation Act of 1964 is 
amended by inserting before the period at the end of the third 
sentence the following: "and development of long-term 
financial 
plans for regional urban mass transit improvements and the reve-
49 u s e app. 
1608. 
49 u s e app. 
1607a. 
Grants. 
Contracts. 
49 u s e app. 
1602. 
Grants. 
Loans. 
49 u s e app. 
1607. 
91-194 O - 90 - 9 ! OT,.S Part 1
101 STAT. 228 
PUBLIC LAW 100-17—APR. 2, 1987 
49 use 1607a. 
.qqsDB. 
nue available from current and potential sources to implement such 
improvements". 
SEC. 311. USE OF LAPSED SECTION 9A AND SECTION 9 FUNDS. - 
' >^ ^ i' 
Section 9(o) of the Urban Mass Transportation Act of 1964 is 
amended by striking out the period at the end of the second sentence 
and inserting "not later than 30 days after the end of such period.". 
SEC. 312. BLOCK GRANT PROGRAM AMENDMENTS. 
(a) FUNDING OF PARTIAL PROGRAMS OF PROJECTS.—Section 9(e)(2) 
of the Urban Mass Transportation Act of 1964 is amended by adding 
at the end thereof the following new sentence: "A grant may be 
made under this section to carry out, in whole or in part, a program 
of projects.". 
(b) TRANSIT ADVERTISING REVENUES.— 
(1) EXCLUSION FROM OPERATING REVENUES.—Section 9(kXl) of 
such Act is amended by inserting after the third sentence the 
following new sentence: "For purposes of the preceding sen-
tence, 'revenues from the operation of a public mass transpor-
tation system' shall not include the amount of any revenues 
derived by such system from the sale of advertising and conces-
sions which is in excess of the amount of such revenues derived 
by such system from the sale of advertising and concessions in 
fiscal year 1985.". 
(2) ANNUAL REPORT.—Section 9(e) of such Act is amended by 
adding at the end thereof the following new paragraph: 
"(4) Each recipient (including any person receiving funds from a 
Governor under this section) shall submit to the Secretary annually 
a report on the revenues such recipient derives from the sale of 
advertising and concessions.". 
(c) OPERATING ASSISTANCE LIMITATION FOR SMALL URBANIZED 
AREAS.—Section 9(kX2) of such Act is amended— 
(1) by inserting "(A)" after "(2)"; 
(2) by striking out the last sentence and inserting in lieu 
thereof the following: "Notwithstanding the preceding sentence, 
an urbanized area that first became an urbanized area under 
the 1980 census or thereafter may use each fiscal year for 
operating assistance not to exceed an amount equal to % of its 
apportionment during the first full year it received funds under 
this section."; and 
(3) by adding at the end thereof the following: 
"(B) Beginning on October 1, 1988, the amount of funds appor-
tioned under this section that may be used for operating assistance 
by urbanized areas of less than 200,000 population shall be increased 
on October 1 of each year by an amount determined by multiplying 
the amount applicable to each such urbanized area as determined 
under subparagraph (A) (excluding any increases under this 
subparagraph) by the percentage of the increase (if any) in the 
Consumer Price Index during the most recent calendar year. The 
amount of funds apportioned under this section that each urbanized 
area of less than 200,000 population that was a recipient of funds 
under this section during fiscal year 1987 may use for operating 
assistance shall be increased by 32.2 percent on October 1,1987. The 
increases provided for by this subparagraph shall be cumulative. 
"(C) As used in subparagraph (B), the term 'Consumer Price 
Index' means the Consumer Price Index for all-urban consumers 
published by the Department of Labor.". 
; rs|q 
:
•
• .IP 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 229 
(d) TRANSFERS OF APPORTIONMENTS.—Section 9(nXl) of such Act is 49 use app. 
amended— 
I607a. 
(1) by striking out "with populations of three hundred thou- 
,;, ; 
sand or less" in the first sentence; and 
(2) by inserting after the third sentence the following: "Any 
ac 
amounts of a State's apportionment that remain available for 
3' 
obligation at the beginning of the 90-day period before the 
' -' 
expiration of the period of availability of such amounts shall be 
available to the Governor for use throughout the State.". 
(e) DATE OF APPORTIONMENT.—Section 9 of such Act is further 
amended by adding at the end thereof the following new subsection: 
Ante, p. 225. 
"(q) DATE OF APPORTIONMENT.—The Secretary shall apportion 
funds appropriated to carry out this section for any Hscal year in 
accordance with the provisions of this section not later than the 
10th day following the date on which such funds are appropriated or 
October 1 of such fiscal year, whichever is later. The Secretary shall 
publish apportionments of such appropriated funds, including 
amounts attributable to each urbanized area above 50,000 popu-
lation as well as the amount attributable to each State of the 
multistate urbanized area, on the apportionment date established by 
the preceding sentence.". 
(f) TECHNICAL AMENDMENTS.—(1) Section 9(e) of such Act is 
amended by adding at the end thereof the following new paragraph: 
Ante, p. 228. 
"(5) No grant shall be made under this section to any recipient in Grants, 
any fiscal year unless the Secretary has accepted a certification for 
such fiscal year submitted by such person pursuant to this 
subsection.". 
(2) Section 9(g) of such Act is amended by striking out paragraph 
(4). 
(3) Section 9(1) of such Act is repealed. 
SEC. 313. SECTION 9B PROGRAM. 
The Urban Mass Transportation Act of 1964 is amended by insert-
ing after section 9A the following: 
-.. 
_ . 
MASS TRANSIT ACCOUNT BLOCK GRANTS 
"SEC. 9B. (a) APPORTIONMENT AND ADMINISTRATION.—The amount 
made available by subsections (b) and (c) of section 21 of this Act to 
carry out this section shall be made available in accordance with the 
provisions of subsections (a) through (j), (m), and (n) of section 9 of 
this Act. 
"Q)) AvAiLABiUTY FOR CONSTRUCTION PROJECTS.—Grants under 
this section shall be available only for the purpose of construction 
projects (including capital maintenance items) and shall be subject 
to the limitations contained in section 9(k) of this Act applicable to 
such projects. 
"(c) USE OF UNOBUGATED AMOUNTS.—Sums apportioned under 
this section shall be available for obligation by the recipient for a 
period of 3 years following the close of the fiscal year for which such 
sums are apportioned. Any amounts so apportioned remaining un-
obligated at the end of such period shall be added to the amount 
available for apportionment under this section for the succeeding 
fiscal year not later than 30 days after the end of such period.". 
49 u s e app. 
1607a-2. 
49 u s e app. 
1617. 
Ante, p. 226. 
101 STAT. 230 
PUBLIC LAW 100-17—APR. 2, 1987 
/ ,; , ^. , 
SEC. 314. UNIVERSITY TRANSPORTATION CENTERS. 
(a) GRANT PROGRAM; NATIONAL ADVISORY COUNCIL.—Section 11(b) 
49 use app. 
of the Urban Mass Transportation Act of 1964 is amended to read as 
1607c. 
follows: 
"(b) UNIVERSITY TRANSPORTATION CENTERS.— 
"(1) GRANTS FOR ESTABLISHMENT AND OPERATION.—In addition 
'"•^ to grants authorized by subsection (a) of this section, the Sec-
-' 
retary shall make grants to one or more nonprofit institutions 
of higher learning to establish and operate one regional 
transportation center in each of the ten Federal regions which 
r;S2 q ;
» j 
comprise the Standard Federal Regional Boundary System. 
no 
"(2) RESPONSIBILITIES.—The responsibilities of each transpor-
fii 
tation center established under this subsection shall include, 
%iX but not be limited to, the conduct of infrastructure research 
;i 
concerning transportation and research and training concern-
• r ing transportation 
of passengers and property 
and 
the 
interpretation, publication, and dissemination of the results of 
such research. The responsibilities of one of such centers may 
include research on the testing of new model buses. The pro-
gram of research at all research centers should cover more than 
one mode of transportation, and should take into consideration 
pj 
the proportion of funding for this subsection from funding 
.^.•: s \'r-K 
available to carry out urban mass transportation projects under 
\x^,zx:^ 
this Act and from the Highway Trust Fund. 
"(3) APPLICATION.—Any nonprofit institution of higher learn-
ing interested in receiving a grant under this subsection shall 
submit to the Secretary an application in such form and 
,|,, 
containing such information as the Secretary may require by 
regulation. 
"(4) SELECTION CRITERIA.—The Secretary shall select recipi-
ents of grants under this subsection on the basis of the following 
criteria: 
"(A) The regional transportation center shall be located 
in a State which is representative of the needs of the 
Federal region for improved transportation services and 
facilities. 
"(B) The demonstrated research and extension resources 
r :•;. 
available to the grant recipient for carrying out this subsec-
\\ \ 
tion. 
' ' 
' • ^^ 
"(C) The capability of the grant recipient to provide 
leadership in making national and regional contributions to 
; , ^^,,.. 
the solution of both long-range and immediate transpor-
ters, , tation problems. 
"(D) The grant recipient shall have an established 
transportation program or programs encompassing several 
Q^j 
modes of transportation. 
"(E) The grant recipient shall have a demonstrated 
ts^'iii 
commitment to supporting ongoing transportation research 
" „ * 
programs with regularly budgeted institutional funds of at 
%," 
least $200,000 per year. 
"(F) The grant recipient shall have a demonstrated abil-
;, 
ity to disseminate results of transportation research and 
' 
educational programs through a statewide or region 
wide 
f: 
continuing education program. 
"(G) The projects which the grant recipient proposes to 
carry out under the grant. 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 231 
"(5) MAINTENANCE OF EFFORT.—No grant may be made under 
this section in any fiscal year unless the recipient of such grant 
£|(?s rjFii « 
enters into such agreements with the Secretary as the Secretary 
may require to ensure that such recipient will maintain its 
aggregate expenditures from all other sources for establishing 
and operating a regional transportation center and related 
research activities at or above the average level of such expendi-
tures in its 2 fiscal years preceding the date of enactment of this 
subsection. 
"(6) FEDERAL SHARE.—The Federal share of a grant under this 
subsection shall be 50 percent of the costs of establishing and 
operating the regional transportation center and related re-
search activities carried out by the grant recipient. 
"(7) NATIONAL ADVISORY COUNCIL.— 
^
"
^
^
^ 
^ ? 
"(A) ESTABUSHMENT; FUNCTIONS.—The Secretary shall 
establish in the Department of Transportation a national 
advisory council to coordinate the research and training to 
be carried out by the grant recipients, to disseminate the 
results of such research, to act as a clearinghouse between 
; 7 »' 
such centers and the transportation industry, and to review 
and evaluate programs carried out by such centers. 
„,,.. ^ ly ^., 
"(B) MEMBERS.—The council shall be composed of the 
' 
'JOAI 
directors of the regional transportation centers and 19 
-- 
•'^'^^i-
other members appointed by the Secretary as follows: 
?aa 
"(i) Six officers of the Department of Transportation 
one of whom represents the Office of the Secretary, one 
\iim- si. 
of whom represents the Federal Highway Administra-
tion, one of whom represents the Urban 
Mass 
Sill riii^j 
Transportation Administration, one of whom rep-
j 
resents the National Highway Traffic Safety Adminis-
'tufii^m^ 
tration, one of whom represents the Research and 
Special Programs Administration, and one of whom 
i ii 5 
t 
represents the Federal Railroad Administration. 
,
^ , 
"(ii) Five 
representatives of State and local 
^tOJ6- 
governments. 
!_ , 
"(iii) Eight representatives of the transportation in-
dustry, including private providers of public transpor-
5 ,, 
tation services, and organizations of employees in such 
'la^^ 
industry. 
A vacancy in the membership of the council shall be filled 
in the manner in which the original appointment was 
gj SK, 
made. 
"(C) TERM OF OFFICE; PAY; CHAIRMAN.—Each of the mem-
bers appointed by the Secretary shall serve without pay. 
~f 
The chairman of the council shall be designated by the 
Secretary. 
s 
"(D) MEETINGS.—The council shall meet at least annually 
i 
and at such other times as the chairman may designate. 
"(E) AGENCY INFORMATION.—Subject to subchapter II of 
I 
chapter 5 of title 5, United States Code, the council may 5 USC 551 et seq. 
6 
secure directly from any department or agency of the 
f
^
^ 
United States information necessary to enable it to carry 
out this subsection. Upon request of the chairman of the 
£
* - 
council, the head of such department or agency shall fur-
nish such information to the council. 
<.'ji>.' 
101 STAT. 232 
PUBLIC LAW 100-17—APR. 2, 1987 
.,.£- 
"(p) TERMINATION DATE INAPPUCABLE.—Section 14 of the 
SUSCapp. 
Federal Advisory Committee Act shall not apply to the 
council. 
"(8) 
ADMINISTRATION 
THROUGH 
OFFICE 
OF SECRETARY,— 
Administrative responsibility for carrying out this subsection 
shall be in the Office of the Secretary. 
"(9) ALLOCATION OF FUNDS.—The Secretary shall allocate 
funds made available to carry out this subsection equitably 
among the Federal regions. 
"(10) TECHNOLOGY TRANSFER SET-ASIDE.—Not less than 5 per-
cent of the funds made available to carry out this subsection for 
any fiscal year shall be available to carry out technology trans-
fer activities.". 
49USCapp. 
(b) CONFORMING AMENDMENT.—Section 11(a) of such Act is 
1607c. 
amended by inserting "GRANT PROGRAM.—" before "The Secretary". 
SEC. 315. SOLE SOURCE PROCUREMENTS. 
(a) GENERAL RULE.—Section 12(b) of the Urban Mass Transpor-
49 use app. 
tation Act of 1964 is amended by adding at the end thereof the 
1608. 
following new paragraph: 
"(3) SOLE SOURCE PROCUREMENT CONTRACTS.—Any recipient of 
49 use app. 
a grant under section 9 of this Act who is procuring an associ-
4^^^^' 997 
^^®d capital maintenance item under section 9(j) of this Act 
Ante, p. 227. 
may, without receiving prior approval of the Secretary, contract 
directly with the original manufacturer or supplier of the item 
to be replaced if such recipient first certifies in writing to the 
Secretary— 
"(A) that such manufacturer or supplier is the only 
.v4>i 
source for such item; and 
"(B) that the price of such item is no higher than the 
price paid for such item by like customers.". 
(b) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) by inserting "CONTRACT REQUIREMENTS.—" before "(1) All 
frrv,, contracts"; 
(2) by inserting "NONCOMPETITIVE BID CONTRACTS.—" before 
„^j "All contracts"; 
.,-... (3) bv inserting "ROLUNG STOCK ACQUISITION CONTRACTS.—" 
.^j",' before In lieu of^; and 
(4) by indenting paragraph (1) and aligning paragraphs (1) and 
(2) with paragraph (3), as added by subsection (a) of this section. 
SEC. 316. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES. 
Section 12(b) of the Urban Meiss Transportation Act of 1964 is 
Supra. 
amended by adding at the end thereof the following new paragraph: 
Grants. 
"(4) CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.— 
^^^^- 
Each contract for program management, construction manage-
,, ment, feasibility studies, preliminary engineering, design, ar-
'' 
chitectural, engineering, surveying, mapping or related services 
with respect to a project for which a loan or grant is made 
under this Act shall be awarded in the same manner as a 
.vfff, H I .3 ')8U;. 
contract for architectural and engineering services is negotiated 
under title IX of the Federal Property and Administrative 
40 use 471 note. 
Services Act of 1949 or equivalent State qualifications-based 
requirement. This paragraph shall apply except to the extent 
'701 any State adopts or has adopted by statute a formal procedure 
for the procurement of such services.". 
,: 
.-
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 233 
SEC. 317. BUS TESTING. 
(a) REQUIREMENT.—Section 12 of the Urban Mass Transportation 
Act of 1964 is amended by adding at the end thereof the following 
new subsection: 
"(h) Bus TESTING.— 
"(1) REQUIREMENT.—No funds appropriated or made available 
I pursuant to this Act after September 30, 1989, may be obligated 
J
, or expended for the acquisition of a new bus model unless a bus 
of such model has been tested at a facility established under 
^ section 31703) of the Federal Mass Transportation Act of 1987. 
"(2) NEW BUS MODEL DEFINED.—As used in this subsection, the 
' 
term 'new bus model' means a bus model which has not been 
^ used in mass transportation service in the United States before 
'* the date of production of such model or a bus model which has 
been used in such service but which is being produced with a 
major change in configuration or components/'. 
(b) Bus TESTING FACILITY.— 
(1) EsTABusHMENT.—The Secretary shall establish a facility 
^ for testing new bus models for maintainability, reliability, 
safety, performance, structural integrity, fuel economy, and 
noise. Such facility shall be established by renovation of a 
facility constructed with Federal assistance for the purpose of 
t training rail personnel. 
(2) OPERATION.—The Secretary shall enter into a contract 
with a qualified person to operate and maintain the facility 
-. established under paragraph (1) for testing new bus models for 
maintainability, reliability, safety, performance, 
structural 
i' integrity, fuel economy, and noise. Such contract may provide 
for the testing of rail cars and other vehicles at such facility. 
(3) COLLECTION OF FEES.—Under the contract entered into 
|. under paragraph (2), the person operating and maintaining the 
facility shall establish and collect fees for the testing of vehicles 
^ at the facility. Such fees shall be subject to the approval of the 
Secretary. 
^ 
(4) NEW BUS MODEL DEFINED.—For purposes of this subsection, 
^ the term "new bus model" has the meaning such term has 
" under section 12(hX2) of the Urban Mass Transportation Act of 
- 1964. 
(5) FUNDING.—There shall be available to the Secretary out of 
> the Mass Transit Account of the Highway Trust Fund for 
establishment of the facility under paragraph (1) $200,000 for 
f 
fiscal year 1987 and $3,000,000 for fiscal year 1988. Funds made 
^ available by this paragraph shall remain available until ex-
pended and shall not be subject to any obligation limitation. 
SEC. 318. RULEMAKING. 
(a) IN GENERAL.—Section 12 of the Urban Mass Transportation 
Act of 1964 is amended by adding at the end thereof the following: 
"(i) RULEMAKING PROCEDURES.— 
"(1) PROCEDURES.—The Secretary shall prepare an agenda 
listing all areas in which the Secretary intends to propose rules 
•^ governing activities unaer this Act within the following 12-
fi month period. The Secretary shall publish the proposed agenda 
g in the Federal Register as part of the Secretary's semi-annual 
rulemaking agenda which lists rulemaking activities of the 
Urban Mass Transportation Administration. The Secretary 
shall £dso transmit the agenda required by the first sentence of 
49 u s e app. 
1608. 
49 u s e app. 1608 
note. 
Contracts. 
Supra. 
M!& .q /Asih. 
.'iii'.mi) 
Supra. 
C«U fy^ 
Federal 
Register, 
publication. 
101 STAT. 234 
PUBLIC LAW 100-17—APR. 2, 1987 
'•Mk; 
49 u s e app. 
1608. 
this paragraph to the Committee on Public Works and 
Transportation and the Committee on Appropriations of the 
House of Representatives, and the Committee on Banking, 
Housing, and Urban Affairs and the Committee on Appropria-
tions of the Senate on the day that the Secretary's semi-annual 
rulemaking agenda is published in the Federal Register. 
"(2) VIEWS.—Except for emergency rules, the Secretary shall 
give interested parties not less than 60 days to participate in 
any rulemaking under this Act through submission of written 
data views, or arguments with or without the opportunity for 
oral presentation, except when the Secretary for good cause 
finds that public notice and comment are unnecessary due to 
the routine nature or matter of insignificant impact of the rule, 
or that an emergency rule should be promulgated. The Sec-
retary may extend the 60-day period if the Secretary determines 
that such period is insufficient to permit diligent persons to 
prepare comments or that other circumstances justify an exten-
sion of such period. An emergency rule shall terminate 120 days 
after the date on which it is promulgated.". 
Ot)) DEFINITIONS.—Section 12(c) of such Act is amended— 
(1) by striking out "and" at the end of paragraph (10); 
(2) by striking out the period at the end of paragraph (11) and 
inserting in lieu thereof a semicolon; and 
(3) by adding at the end thereof the following: 
"(12) the term 'rule' means the whole or part of the Sec-
retary's statement of general or particular applicability de-
signed to implement, interpret, or prescribe law or policy in 
carrying out provisions of this Act; and 
"(13) the term 'emergency rule' means a rule which is tempo-
rarily effective prior to the expiration of the otherwise specified 
periods of time for public notice and comment under this section 
and which was promulgated by the Secretary pursuant to a 
finding that a delay in the effective date thereof would (A) 
seriously injure an important public interest, (B) substantially 
frustrate legislative policy and intent, or (C) seriously damage a 
person or class of persons without serving any important public 
interest.". 
SEC. 319. PREAWARD AND POSTDELIVERY AUDIT OF BUS PURCHASES. 
Section 12 of the Urban Mass Transportation Act of 1964 is 
further amended by adding at the end thereof the following new 
subsection: 
"(j) P R E A W A R D AND POSTDEUVERY AUDIT OF BuS PURCHASES.—For 
the purpose of assuring compliance with Federal motor vehicle 
safety requirements, the requirements of section 165 of the Surface 
23USCl0lnote. Transportation Assistance Act of 1982 (relating to purchases of 
American products), and bid specifications requirements of recipi-
ents of grants under this Act, the Secretary shall issue regulations 
requiring a preaward and postdelivery audit with respect to any 
grant under this Act for the purchase of buses and other rolling 
stock. For the purposes of such audit, manufacturer certification 
shall not be sufficient, and independent inspections and auditing 
'* 
shall be required.". 
- 
. 
Ante, p. 233. 
Regulations. 
Grants. 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 235 
SEC. 320. REMOVAL OF LIMITATION ON THE SOURCE OF FUNDING FOR 
INNOVATIVE MANAGEMENT GRANTS. 
Section 4(i) of the Urban Mass Transportation Act of 1964 is 
amended by striking out ", using sums available pursuant to section 
4(c)(3)(A) of this section,". 
SEC. 
3
2
1
. 
FEDERAL 
SHARE 
FOR 
ELDERLY 
AND 
HANDICAPPED 
PROJECTS. 
Section 16 of the Urban Mass Transportation Act of 1964 is 
amended by adding at the end thereof the following new subsection: 
"(e) 
INCREASED 
FEDERAL 
SHARE 
OF 
CERTAIN 
NONREQUIRED 
PROJECTS.—Notwithstanding any other provision of this Act, the 
Federal share under sections 3, 9, and 18 of this Act for each capital 
improvement project which enhances the accessibility for elderly 
and handicapped persons to public transportation service and which 
is not required by Federal law (including any other provision of this 
Act) shall be 95 percent of the net project cost of such project.". 
SEC. 322. RURAL TRANSPORTATION EQUITY. 
Section 18(c) of the Urban Mass Transportation Act of 1964 is 
amended by adding at the end thereof the following: "A State 
administering a program of operating assistance under this section 
may not limit the level or extent of use of the Federal share for the 
payment of operating expenses except as provided in this section.". 
SEC. 323. RURAL TRANSIT ASSISTANCE PROGRAM. 
Section 18 of the Urban Mass Transportation Act of 1964 is 
amended by adding at the end thereof the following: 
"(h) RURAL TRANSIT ASSISTANCE PROGRAM.—The Secretary shall 
establish and carry out a rural transit assistance program in non-
urbanized areas. In carrying out this subsection, the Secretary is 
authorized to make grants and to enter into direct contracts for 
transit research, technical assistance, training, and related support 
services in nonurbanized areas.". 
SEC. 324. PROJECT MANAGEMENT OVERSIGHT. 
(a) IN GENERAL,—The Urban Mass Transportation Act of 1964 is 
amended by adding at the end thereof the following: 
"PROJECT MANAGEMENT OVERSIGHT 
"SEC. 23. (a) AUTHORITY TO USE FUNDS.—Beginning October 1, 
1987, the Secretary may use not to exceed VT. of 1 percent of— 
"(1) the funds made available for any fiscal year by section 
21(a)(2)(C) to carry out section 3 to contract with any person to 
oversee the construction of any major project under section 3; 
"(2) the funds appropriated for any fiscal year pursuant to 
section 21(a)(1) to carry out section 9 to contract with any 
person to oversee the construction of any major project under 
section 9; 
"(3) the funds appropriated for any fiscal year pursuant to 
section 21(a)(1) to carry out section 18 to contract with any 
person to oversee the construction of any major project under 
section 18; 
"(4) the funds appropriated for any fiscal year pursuant to 
section 4(g) to contract with any person to oversee the construc-
tion of any major public transportation project substituted for 
an Interstate segment withdrawn under section 103(e)(4) of title 
23, United States Code; and 
49 u s e app. 
1603. 
49 u s e app. 
1612. 
49 u s e app. 
1602, 1607a, 
1614. 
49 u s e app. 
1614. 
Grants. 
Contracts. 
49 u s e app. 1601 
note. 
Contracts. 
49 u s e app. 
1619. 
49 u s e app. 
1617. 
49 u s e app. 
1603. 
101 STAT. 236 
PUBLIC LAW 100-17—APR. 2, 1987 
"(5) the funds appropriated for any fiscal year pursuant to 
93 Stat. 1320. 
section 14(b) of the National Capital Transportation Act of 1969 
v
j
q
f .jrvj ^.b ai 
^° contract with any person to oversee the construction of any 
[2>m :; 
major project under such Act. 
"Ot)) FEDERAL SHARE.—Any contract entered into under this 
subsection shall provide for the payment by the Secretary of 100 
percent of the cost of carrying out the contract. 
qqji oeii ei 
"(c) ACCESS TO SITES AND RECORDS.—Each recipient of assistance 
SIC: under this Act or section 14(b) of the National Capital Transpor-
tation Act of 1969 shall provide the Secretary and a contractor 
chosen by the Secretary in accordance with subsection (a) such 
.oQfi ''ipAj t?t. access to its construction sites and records as may be reasonably 
;Woa! .mi 
required. 
- "* 
"(d) REQUIREMENT FOR PLAN.—As a condition of Federal financial 
assistance for a major capital project under this Act or the National 
83 Stat. 320. 
Capital Transportation Act of 1969, the Secretary shall require the 
recipient to prepare, and, after approval by the Secretary, imple-
ment a project management plan which meets the requirements of 
q
<
i 
f' >«u u 
subsection (e). 
^-^ 
"(e) CONTENTS OF PLAN.—A project management plan shall, as 
required in each case by the Secretary, provide for— 
"(1) adequate recipient staff organization complete with well-
defined 
reporting relationships, statements of functional 
responsibilities, job descriptions, and job qualifications; 
' (2) a budget covering the project management organization, 
^^ 
appropriate consultants, property acquisition, utility relocation, 
systems demonstration staff, audits, and such miscellaneous 
innmy 
lb- payments as the recipient may be prepared to justify; 
.me^imJ 
.„' 
^'(3) a construction schedule; 
^' 
"(4) a document control procedure and recordkeeping system; 
"
^
^ 
"(5) a change order procedure which includes a documented, 
J
"
^ systematic approach to the hsmdling of construction change 
orders; 
"(6) organizational structures, management skills, and staff-
r(iP r 
'=i i0% »f 
^^? levels required throughout the construction phase; 
lOc*. qqfo. ...t^^ 
^'(7) quality control and quality assurance functions, proce-
dures, and responsibilities for construction and for system 
installation and integration of system components; 
"(8) materials testing policies and procedures; 
dJt>,-!inc 
f 
"(9) internal plan implementation and reporting require-
jiqiiOftlie;^ 
ments; 
-^^^^ m 
"(10) criteria and procedures to be used for testing the oper-
qqB 08tj m Qi 
ational system or its major components; 
'H 
/ 
"(11) periodic updates of the plan, especially with respect to 
hi 
such items as project budget and project schedule, financing, 
^1 
ridership estimates, and where applicable, the status of local 
-u 
efforts to enhance ridership in cases where ridership estimates 
are contingent, in part, upon the success of such efforts; and 
o: 
"(12) the recipient's commitment to make monthly submis-
i/' 
sions of project budget and project schedule to the Secretary. 
"(f) REGULATIONS.—The Secretary shall promulgate such regula-
tions as may be necessary to implement the provisions of this 
Federal 
section. Such regulations shall be published in proposed form for 
Register, 
comment in the Federal Register and shall be submitted for review 
publication. 
^^ ^^le Committee on Public Works and Transportation of the House 
of Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate not later than 60 days aifter the date of 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 237 
enactment of this section, and shall be promulgated in final form 
not later than 180 days after the date of enactment of this section. 
Such regulations shall, at a minimum, include the following: 
"(1) A definition of the term 'major capital project' for the 
* purpose of subsection (a). Such definition shall exclude projects 
for the acquisition of vehicles or other rolling stock, or for the 
r, 
performance of vehicle maintenance or rehabilitation. 
"(2) A requirement that, in order to maximize the transpor-
b 
tation benefits and cost savings associated with project manage-
ment oversight, such oversight shall begin during the prelimi-
/ 
nary engineering stage of a project. The requirement of this 
paragraph shall not apply if the Secretary finds that it is more 
appropriate to initiate such oversight during another stage of 
the project. 
"(g) APPROVAL.—The Secretary shall approve a plan submitted 
pursuant to subsection (d) within 60 days following its submittal. In 
the event that approval cannot be completed within 60 days, the 
Secretary shall notify the recipient that approval cannot be com-
pleted within 60 days, explain the reasons for the delay, and esti-
mate how much additional time will be required for completion. If a 
plan is disapproved, the Secretary shall inform the recipient of the 
reasons.". 
SEC. 
3
2
5
. 
CRIME 
PREVENTION 
AND 
SECURITY. 
The Urban Mass Transportation Act of 1964 is amended by adding 
at the end thereof the following new section: 
M)"'* 
Ante, p. 235. 
CRIME PREVENTION AND SECURITY 
"SEC. 24. From funds made available pursuant to section 21 of this 
Act, the Secretary is authorized to make capital grants to public 
mass transit systems for crime prevention and security. None of the 
provisions of this Act may be construed to prohibit the financing of 
projects under this section where law enforcement responsibilities 
are vested in a local public body other than the grant applicant.". 
SEC. 326. BICYCLE FACILITIES. 
The Urban Mass Transportation Act of 1964 is further amended 
by adding at the end thereof the following new section: 
Grants. 
49 u s e app. 
1620. 
Post, p. 238. In A 
. ' ^ ' 
BICYCLE FACIUTIES 
"SEC. 25. (a) EUGIBIUTY.—For purposes of this Act, a project to 
provide access for bicycles to mass transportation facilities, to pro-
vide shelters and parking facilities for bicycles in or around mass 
transportation facilities, or to install racks or other equipment for 
transporting bicycles on mass transportation vehicles shall be 
deemed to be a construction project eligible for assistance under 
sections 3, 9, and 18 of this Act. 
"(b) FEDERAL SHARE.—Notwithstanding sections 4(a), 9(k), and 
18(e), the Federal share under this Act for any project to provide 
access for bicycles to mass transportation facilities, to provide shel-
ters and parking facilities for bicycles in or around mass transpor-
tation facilities, or to install racks or other equipment for transport-
ing bicycles on mass transportation vehicles shall be 90 percent of 
the cost of such project.". 
49 u s e app. 
1621. 
49 u s e app. 
1602, 1607a, 
1614. 
49 u s e app. 
1603. 
101 STAT. 238 
PUBLIC LAW 100-17—APR. 2, 1987 
49 u s e app. 
1604. 
49 u s e app. 
1612. 
49 u s e app. 
1613. 
49 u s e app. 
1607a, 1607a-l. 
49 u s e app. 
1617. 
SEC. 327. TRANSIT TECHNICAL AMENDMENTS. 
(a) URBAN MASS TRANSPORTATION ACT.—(1) Section 5(hXl) of the 
Urban Mass Transportation Act of 1964 is amended by striking out 
"approach" and inserting in lieu thereof "approval". 
(2) Section 5(jXl) of such Act is amended by striking out "action" 
and inserting in lieu thereof "section". 
(3) Section 5(nX2) of such Act is amended by inserting "and section 
9" after "this section", 
(4) Section 16 of such Act is amended by redesignating the second 
subsection (c) as subsection (d). 
(5) Section 17(dX4) of such Act is amended by striking out "; and". 
(b) SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982.—Section 
303 of the Surface Transportation Assistance Act of 1982 is amended 
by striking out "(a)" the first place it appears. 
SEC. 328. AUTHORIZATIONS. 
* v 
/ 
^ 
Section 21 of the Urban Mass Transportation Act of 1964 is 
amended to read as follows: 
49 u s e app. 
1607a, 1614. 
49 u s e app. 
1602; ante, p. 235; 
49 u s e app. 
1607, 1612. 
Ante, p. 229. 
Grants. 
AUTHORIZATIONS 
"SEC. 21. (a) SECTIONS 9 AND 18.—(1) There are hereby authorized 
to be appropriated to carry out the provisions of sections 9 and 18 of 
this Act not to exceed $2,000,000,000 for fiscal year 1987, and not to 
exceed $2,100,000,000 for each of fiscal years 1988 through 1991. Any 
funds so appropriated shall remain available until expended. 
"(2) There shall be available from the Mass Transit Account of the 
Highway Trust Fund only to carry out sections 3, 4(i), 8, and 160?) of 
this Act $1,097,000,000 for the fiscal year 1987, and $1,000,000,000 
for each of fiscal years 1988 through 1991, to remain available until 
expended. 
"0)) SECTIONS 3 AND 9B.—In addition to the amounts set forth in 
subsection (aX2), to carry out sections 3 and 9B of this Act, there 
shall be available from the Mass Transit Account of the Highway 
Trust Fund for each of fiscal years 1988 through 1991— 
"(1) $200,000,000 for fiscal year 1988; 
"(2) $250,000,000 for fiscal year 1989; 
^ « - 
•'-^ .-^"^ 
V, 
"(3) $300,000,000 for fiscal year 1990; and 
:. 
"(4) $400,000,000 for fiscal year 1991; 
to remain available until expended. 
"(c) TREATMENT OF CERTAIN SECTION 3 AND SECTION 9 B FUNDS.— 
(1) Of the amounts made available by subsection Oi)), 50 percent shall 
be available for capital grants under section 3, and 50 percent shall 
be available for grants under section 9B. If an obligation ceiling in 
effect for any fiscal year is less than the sum of the new budget 
authority authorized by subsections (aX2) and (b), the ceiling shall 
first be applied to the budget authority provided by subsection (b). 
"(2) Notwithstanding any other provision of law, approval by the 
Secretary of a grant with funds made available under subsections 
(aX2) and (b) of this section shall be deemed a contractual obligation 
of the United States for payment of the Federal share of the cost of 
the project. 
"(d) INTERSTATE TRANSFER.—For substitute mass transportation 
projects under section 103(eX4) of title 23, United States Code, there 
are authorized to be appropriated $200,000,000 for each of fiscal 
years 1987 through 1991. 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 239 
"(e) RURAL PROGRAM.—For each of fiscal years 1987 through 1991, 
2.93 percent of the aggregate funds made available for sections 9 and 
18 and section 9B under subsections (a)(1) and (b) of this section shall 
be available to carry out section 18. All amounts made available for 
section 18 shall be from funds appropriated under subsection (a). 
"(f) PLANNING.—From the funds made available under subsection 
(a)(2) of this section, not to exceed $45,000,000 shall be available for 
the purposes of section 8 in each of fiscal years 1987 through 1991. 
Nothing herein shall prevent the use of additional funds available 
under this subsection for planning purposes. 
"(g) SECTIONS 4(i) AND 16(b).—(1) From the funds made available 
under subsection (a)(2) of this section, not to exceed $35,000,000 shall 
be available for the purposes of sections 4(i) and 16(b) in each of 
fiscal years 1988 through 1991. 
"(2) From the funds provided for section 4(i) for fiscal year 1987, 
$5,000,000 shall be available to carry out section 18(h). 
"(h) SECTIONS 6, 10, 11(a), 12(a), 18(h), AND 20.—There are hereby 
authorized to be appropriated to carry out sections 6, 10, 11(a), 12(a), 
18(h), and 20 of this Act— 
"(1) not to exceed such sums as may be appropriated for fiscal 
year 1987; and 
"(2) not to exceed $50,000,000 for each of fiscal years 1988 
through 1991, of which 10 percent shall be available only for 
section 18(h). 
Any funds appropriated pursuant to this subsection for financing 
projects funded under section 6 of this Act shall remain available 
until expended. 
"(i) SECTION 11(b).—(1) From the funds made available under 
subsection (a)(2), $5,000,000 shall be available for the purposes of 
section 11(b) for each of fiscal years 1988 through 1991. 
"(2) From the Highway Trust Fund (other than the Mass Transit 
Account), $5,000,000 shall be available for the purposes of section 
11(b) for each of the fiscal years 1988 through 1991.". 
SEC. 329. INCREASED OPERATING ASSISTANCE DURING CONSTRUCTION 
OF INTERSTATE PROJECT. 
Upon request of the State of Florida and the designated recipients 
under section 9 of the Urban Mass Transportation Act of 1964 for 
the urbanized areas of Fort Lauderdale and Miami, Florida, the 
amount of funds apportioned after September 30, 1987, under such 
section with respect to such urbanized areas which may otherwise 
be used for operating assistance under such section shall be 
increased by $4,400,000 for each fiscal year in which major onsite 
construction is being carried out on a 40-mile segment of Interstate 
Route 1-95 in Dade, Broward, and Palm Beach Counties, Florida. 
The increased operating assistance may only be used for commuter 
rail service provided as a maintenance-of-traffic measure during the 
period in which the construction is being carried out. 
SEC. 330. BUS SERVICE DETERIORATION. 
The Congress finds and declares that there has been a serious 
problem involving the deterioration of bus service for people resid-
ing in the small communities and rural areas of the several States, 
and recognizes the need to consider the best ways and means to 
remedy such problem. 
49 u s e app. 
1607a. 
49 u s e app. 
1607. 
Ante, p. 235; 
49 u s e app. 
1612. 
49 u s e app. 
1605, 1607b, 
1607c, 1608, 
1616. 
Florida. 
Urban areas. 
Railroads. 
49 u s e app. 
1607a. 
Rural areas. 
101 STAT. 240 
PUBLIC LAW 100-17—APR. 2, 1987 
qqe 
.qff6 
49 use app. 1601 
note. 
96 Stat. 2153. 
Grants. 
California. 
Pennsylvania. 
ii7n.t>«' 
SEC. 331. BART STUDY. 
(a) STUDY.—The Secretary, in cooperation with the San Francisco 
Bay Area Rapid Transit District and the Metropolitan Transpor-
tation Commission, shall undertake a comprehensive study of the 
future of the Bay Area Rapid Transit System. The study shall focus 
on the development of financing alternatives for the first phase rail 
extensions identified in the Regional Transportation Plan. 
(b) REPORT.—Not later than 1 year after the date of enactment of 
this Act, the Secretary shall transmit to Congress a report on the 
results of the study described in subsection (a). 
-
SEC. 332. TACTILE MOBILITY AIDS. 
' 
(a) STUDY.—The Secretary shall conduct a study of the feasibility 
of developing and implementing standards for the use, in transpor-
tation facilities and equipment constructed or acquired with assist-
ance under the Urban Mass Transportation Act of 1964, title 23, 
United States Code, or other laws administered by the Department 
of Transportation, of tactile mobility aids in order to facilitate the 
safe access to and use of such facilities and equipment by visually 
impaired and legally blind persons. 
(b) REPORT.—Not later than 6 months after the date of enactment 
of this Act, the Secretary shall transmit a report to the Congress on 
the results of such study, including such recommendations for 
legislation as may be necessary to implement such standards. 
SEC. 333. FEASIBILITY STUDY OF ELECTRIC BUS LINE. 
Section 314(a) of the Surface Transportation Assistance Act of 
1982 is amended to read as follows: 
"SEC. 314. (a) Upon request of a local public body eligible to 
receive a grant under the Urban Mass Transportation Act of 1964, 
the Secretary of Transportation shall make a grant to such public 
body to conduct a fesisibility study to examine the possibility of 
constructing and operating an electric bus line with the advanced 
and environmentally sound electric bus technology that is being 
developed in the State of California for the Ssinta Barbara transit 
system.". 
SEC. 334. FEASIBILITY STUDY OF ABANDONED TROLLEY SERVICE. 
: t 
(a) STUDY.—The Secretary, in cooperation with the city of 
Philadelphia, Pennsylvania, shall conduct a study of the feasibility 
of restoring trolley service to corridors on which trolley service has 
been abandoned in such city. 
(b) REPORT.—Not later than 1 year after the date of enactment of 
this Act, the Secretary shall transmit to Congress a report on the 
results of the study conducted under subsection (a). 
SEC. 335. COMPREHENSIVE TRANSIT PLAN FOR THE VIRGIN ISLANDS. 
(a) STUDY.—The Secretary, in cooperation with the Virgin Islands 
Department of Public Works, shall study and analyze the mass 
transportation needs of the Virgin Islands for the purpose of devel-
oping a comprehensive mass transportation plan for the Virgin 
Islands. 
(b) REPORT AND PLAN.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall transmit to Congress a 
report on the results of the study and analysis conducted under 
subsection (a) together with a copy of the mass transportation plan 
which the Secretary recommends for the Virgin Islands. 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 241 
Nevada. 
Urban areas. 
California. 
49 u s e app. 
1607a-l, 1607a. 
Contracts. 
23 u s e 101 note. 
SEC. 336. TRANSFER OF SECTION 9 FUNDS. 
fj J
O 
^iH 
The Governor of Nevada, after consultation with all urbanized 
areas within Nevada, may transfer not to exceed $10,000,000 of 
unused apportionments under sections 9A and 9 of the Urban Mass 
Transportation Act of 1964 for use for urban mass transportation 
purposes in Santa Clara County, California. 
* •'' 
SEC. 337. BUY AMERICA. 
(a) PERCENTAGE COST LIMITATION.—(1)(A) Effective October 1, 
1989, section 165(b)(3) of the Surface Transportation Assistance Act 
of 1982 is amended by striking out "50" and inserting in lieu thereof 
23 USC lOl note, 
"55". 
(B) Effective October 1, 1991, section 165(b)(3) of the Surface 
Transportation Assistance Act of 1982 is amended by striking out 
"55" and inserting in lieu thereof "60". 
(2)(A) Except as provided in subparagraph (B), the amendments 
made by subparagraphs (A) and (B) of paragraph (1) shall apply only 
to contracts entered into on or after their respective effective dates. 
(B) The amendments made by paragraph (1) shall not apply with 
respect to any supplier or contractor or any successor in interest or 
assignee which qualified under the provisions of section 165(bX3) of 
the Surface Transportation Assistance Act of 1982 prior to the date 
of enactment of this Act under a contract entered into prior to 
April 1,1992. 
(b) SUBCOMPONENTS.—Section 165(bX3) of the Surface Transpor-
tation Assistance Act of 1982 is amended by inserting "and 
subcomponents" after "components". 
(c) INCREASE IN PROJECT COST EXCEPTION.—Paragraph (4) of sec-
tion 165(b) of the Surface Transportation Assistance Act of 1982 is 
amended by striking out "10 per centum" and all that follows 
through the period at the end of such section and inserting in lieu 
thereof "25 percent.". 
(d) EXEMPTION TO SUBSECTIONS (b) AND (C).—The amendments 
made by subsections (b) and (c) of this section shall not apply to any 
contract awarded pursuant to bids which were outstanding on the 
date of enactment of this Act. 
Contracts. 
23 u s e 101 note. 
SEC. 338. MULTI-YEAR CONTRACT FOR METRO RAIL PROJECT. 
(a) SUPPLEMENTAL EIS.—Not later than 10 days after the date of 
the enactment of this Act and in accordance with the National 
Environmental Policy Act of 1969, the Secretary shall begin the 
preparation of a supplemental environmental impact statement 
necessary as a result of alignment changes within the Minimum 
Operable Segment-2 portion of the Downtown Los Angeles to San 
Fernando Valley Metro Rail Project. The Secretary shall publish a 
notice of the completion of the final supplemental environmental 
impact statement in the Federal Register. If the Secretary has not 
published such notice within 5 months after the date of the enact-
ment of this Act, the Secretary shall report to the Committee on 
Public Works and Transportation of the House of Representatives 
and the Committee on Banking, Housing, and Urban Affairs of the 
Senate on the status of the completion of such final supplemental 
environmental impact statement. The Secretary shall continue to 
report to those committees every 30 days on the status of the 
completion of the final supplemental environmental impact state-
ment, including any proposed revisions to the statement, until a 
California. 
Environmental 
protection. 
42 USC 4321 
note. 
Federal 
Register, 
publication. 
Reports. 
Federal 
Register, 
publication. ,
^ 
101 STAT. 242 
PUBLIC LAW 100-17—APR. 2, 1987 
notice of the completion of such statement is published in the 
.,^i,j Federal Register. 
' *. ,-7 
(b) AMENDMENT TO EXISTING CONTRACT.—Notwithstanding any 
* -'''- other provision of law, not later than 30 days after the publication of 
a notice of completion of a final supplemental environmental impact 
statement under subsection (a), the Secretary shall— 
(1) issue a record of decision which approves the construction 
of the locally preferred Minimum Operable Segment-2 alter-
native, and 
(2) execute an amendment to the existing full-funding con-
tract under section 3 of the Urban Mass Transportation Act of 
49 use app. 
1964 with the Southern California Rapid Transit District (or its 
1602. 
successor) for the construction of Minimum Operable Segment-1 
of such project, in order to include the construction of such 
Minimum Operable Segment-2 alternative in such contract. 
/,^.. 
(c) PAYMENT OF FEDERAL SHARE.— 
J. i., . rf^i 
(1) FEDERAL SHARE.—The amended contract under subsection 
(b) shall provide that the Federal share of the cost of construc-
tion of the Minimum Operable Segment-1 portion of the Down-
town Los Angeles to San Fernando Valley Metro Rail Project 
shall be $605,300,000 and that the Federal share of the cost of 
construction of the Minimum Operable Segment-2 portion of 
such project shall be $667,000,000. 
(2) PAYMENT.—The amended contract under subsection O
t
)
) 
shall provide that the Federal share of the cost of such project 
shall be paid by the Secretary from amounts provided under 
section 3 of the Urban Mass Transportation Act of 1964 for 
construction of new fixed guideway systems and extensions to 
- fixed guideway systems, as follows: 
(A) not to exceed $107,900,000 for fiscal year 1987; 
(B) not to exceed $300,000,000 for fiscal years 1987 and 
,,^,; ,^ 1988* 
(C) not to exceed $490,000,000 for fiscal years 1987, 1988, 
: ' 
and 1989; 
""" 
(D) not to exceed $680,000,000 for fiscal years 1987, 1988, 
ma M
« 1989 and 1990; and 
(E) not to exceed $870,000,000 for fiscal years 1987, 1988, 
1989,1990, and 1991. 
(d) ADVANCE CONSTRUCTION.— 
(1) UNDER THE CONTRACT.—The amended contract under 
subsection (b) shall provide that the Southern California Rapid 
Transit District (or successor) may construct any portion of the 
Downtown Los Angeles to San Fernando Valley Metro Rail 
Project in accordance with section 3(1) of the Urban Mass 
Ante, p. 224. 
Transportation Act of 1964, except that such district (or succes-
sor) shall not be required to apply to and receive approval of the 
Secretary before carrying out any such construction. 
(2) ON MOS-1 BEFORE EXECUTION OF CONTRACT.—At any time 
after the date of the enactment of this section, the Southern 
California Rapid Transit District (or successor) may construct 
any portion of the Minimum Operable Segment-1 portion of 
such project in accordance with section 3(1) of the Urban Mass 
Transportation Act of 1964, except that such district (or succes-
- 
7 
sor) shall not be required to apply to and receive approval of the 
Secretary before carrying out any such construction. 
Securities. 
(3) REIMBURSEMENT SCHEDULE.—The amended contract under 
ti 
subsection (b) shall provide that the Secretary shall reimburse 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 243 
the Southern California Rapid Transit District (or successor), 
from any amounts provided under* section 3 of the Urban Mass 
Transportation Act of 1964 for fis^cal years 1992 through 1994, 
for the Federal share of the net project costs incurred by such 
district (or successor) under paragraphs (1) and (2) (including the 
amount of any interest earned and payable on bonds as pro-
vided in section 3(1)(2) of the Urban Mass Transportation Act of 
1964), as follows: 
(A) not later than September 30, 1992, the Secretary shall 
reimburse such district (or successor) a total of $467,100,000 
(plus such interest), less amounts provided under subsection 
(c)(2) for fiscal years 1988 through 1990; 
(B) not later than September 30, 1993, the Secretary shall 
reimburse such district (or successor) a total of $622,100,000 
(plus such interest), less amounts provided under subsection 
- 
(c)(2) for fiscal years 1988 through 1991; and 
(C) not later than September 30, 1994, the Secretary shall 
reimburse such district (or successor) a total of $762,100,000 
(plus such interest), less amounts provided under subsection 
(cX2) for fiscal years 1988 through 1991. 
(4) DELAYS IN PUBLICATION OF NOTICE OF SUPPLEMENTAL EIS.— 
If the Secretary does not publish a notice of the completion of 
the final supplemental environmental impact statement in the 
Federal Register under subsection (a) on or before Septem-
ber 30, 1988, each date or year listed in pargigraph (3) of this 
subsection shall be delayed one year. For each full year after 
such date in which such notice is not published, each such date 
or year shall be delayed one more year. 
SEC. 339. BUS CARRIER CERTIFICATES FOR RECIPIENTS OF GOVERN-
MENTAL ASSISTANCE. 
(a) GENERAL RULE FOR NEW ENTRANTS.—Section 10922(cXl) of title 
49, United States Code, is amended to read as follows: 
"(c) MOTOR COMMON CARRIERS OF PASSENGERS.— 
"(1) INTERSTATE TRANSPORTATION.— 
"(A) REGULAR-ROUTE TRANSPORTATION.—The Commission 
shall issue a certificate to a person (including any private 
;?-' 
recipient of governmental assistance) authorizing that 
person to provide regular-route transportation subject to 
the jurisdiction of the Commission under subchapter II of 
chapter 105 of this title as a motor common carrier of 
passengers if the Commission finds that the person is fit, 
willing, and able to provide the transportation to be au-
thorized by the certificate and to comply with this subtitle 
and regulations of the Commission, unless the Commission 
finds, on the basis of evidence presented by any person 
objecting to the issuance of the certificate, that the 
transportation to be authorized by the certificate is not 
consistent with the public interest. 
"(B) SPECIAL AND CHARTER TRANSPORTATION.— 
"(i) 
PRIVATE 
RECIPIENTS 
OF 
ASSISTANCE.—The 
Commission shall issue a certificate to a private recipi-
ent of governmental assistance authorizing that recipi-
i 
ent to provide special or charter transportation subject 
to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title as a motor common carrier 
of passengers if the Commission finds that the recipient 
49 use app. 
1602. 
Federal 
Register, 
publication. 
49 use 10521 et 
seq. 
101 STAT. 244 
PUBLIC LAW 100-17—APR. 2, 1987 
1o 
« • . 
49 u s e 10521 et 
aeq. 
Vi'I&-i}l ' ) d n (^Ir 
49 u s e app. 
1608. 
is fit, willing, and able to provide the transportation to 
be authorized by the certificate and to comply with this 
subtitle and regulations of the Commission, unless the 
Commission finds, on the basis of evidence presented by 
any person objecting to the issuance of the certificate, 
that the transportation to be authorized by the certifi-
cate is not consistent with the public interest. 
"(ii) OTHER PERSONS.—The Commission shall issue a 
certificate to a person (other than a private recipient of 
governmental assistance) authorizing that person to 
aof3t>3-3ai 
provide special or charter transportation subject to the 
jurisdiction of the Commission under subchapter II of 
chapter 105 of this title as a motor common carrier of 
passengers if the Commission finds that the person is 
fit, willing, and able to provide the treinsportation to be 
authorized by the certificate and to comply with this 
subtitle and regulations of the Commission. 
"(C) PUBUC RECIPIENTS FOR CHARTER TRANSPORTATION.— 
The Commission shall issue a certificate to a public recipi-
ent of governmental assistance authorizing that recipient to 
provide special or charter transportation subject to the 
jurisdiction of the Commission under subchapter II of chap-
ter 105 of this title as a motor common carrier of passengers 
if the Commission finds that— 
"(i) the recipient is fit, willing, and able to provide 
the transportation to be authorized by the certificate 
and to comply with this subtitle and regulations of the 
Commission; and 
"(iiXD no motor common carrier of passengers (other 
than a motor common carrier of passengers which is a 
public recipient of governmental assistance) is provid-
I 
ing, or is willing and able to provide, the transportation 
to be authorized by the certificate; or 
"(II) the transportation to be authorized by the cer-
tificate is to be provided entirely in the area in which 
the public recipient provides regularly scheduled mass 
transportation services. 
"(D) PUBUC RECIPIENTS FOR REGULAR-ROUTE TRANSPOR-
TATION.—The Commission shall issue a certificate to a 
public recipient of governmental assistance authorizing 
that recipient to provide regular-route transportation sub-
ject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title as a motor common carrier of 
passengers if the Commission finds that the recipient is fit, 
willing, and able to provide the transportation to be au-
thorized by the certificate and to comply with this subtitle 
and regulations of the Commission, unless the Commission 
finds, on the basis of evidence presented by any person 
objecting to the issuance of the certificate, that the 
transportation to be authorized by the certificate is not 
consistent with the public interest. 
"(E) TREATMENT OF CERTAIN PUBUC RECIPIENTS.—Subject 
to provisions of section 12(f) of the Urban Mass Transpor-
tation Act of 1964, any public recipient of governmental 
assistance which is providing or seeking to provide 
transportation of passengers subject to the jurisdiction of 
the Commission under subchapter II of chapter 105 of this 
81 
•Mas "#03 
aiJii 
1o 
i'on 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 245 
*"''' 
title shall, for purposes of this subtitle, be treated as a 
person which is providing or seeking to provide transpor-
tation of passengers subject to such jurisdiction. 
n... »
^ "(p) DEFINITIONS.—In this subsection— 
"(i) PUBUC RECIPIENT OF GOVERNMENTAL ASSIST-
ANCE.—The term 'public recipient of governmental 
-^Sftoi Oo'J kii 
assistance' means— 
'"" 
•' ''•' ' 
"(I) any State, 
"(II) any municipality or other political subdivi-
sion of a State, 
T X A ^1* 
"(III) any public agency or instrumentality of 
,, ; . 
one or more States and municipalities and political 
subdivisions of a State, 
'^- ' 
"(IV) any Indian tribe, 
"(V) any corporation, board, or other person 
, , , 
owned or controlled by any entity described in 
^.msmh JDiv 
subclause (I), (II), (III), or (IV), and 
"(VI) any corporation, board, or other person 
owned by, controlled by, or under common control 
with, any entity described in subclause (I), (II), (III), 
If;;;' 
(iv),or(V), 
*
, ^ ;- 
which before, on, or after the date of the enactment of 
~* 
this paragraph received governmental financial assist-
ance for the purchase or operation of any bus. 
,^' 
' 
"(ii) 
PRIVATE RECIPIENT OF GOVERNMENTAL ASSIST-
V 
ANCE.—The term 'private recipient of governmental 
' 
assistance' means any person (other than a person 
^ , 
described in clause (i)) who before, on, or after the date 
' " ' 
of the enactment of this paragraph received g:overn-
Q 
mental financial assistance in the form of a subsidy for 
the purchase, lease, or operation of any bus.". 
(b) PUBLIC INTEREST FINDING.—Section 10922(cX3) of title 49, 
United States Code, is amended by striking out "and" at the end of 
subparagraph (C), by striking out the period at the end of subpara-
graph (D) and inserting in lieu thereof "; and", and by adding at the 
end thereof the following: 
"(E) the amount and extent of governmental financial assist-
ance which the applicant for the certificate received before, on, 
or after the date of the enactment of this subparagraph for the 
purchase or operation of buses. 
In addition, in making any finding relating to public interest under 
paragraph (IXD) of this subsection, the Commission shall consider 
whether or not the person objecting to issuance of the certificate is a 
motor common carrier of passengers which is providing, or is willing 
and able to provide, the transportation to be authorized by the 
certificate.". 
(c) CONFORMING AMENDMENT.—Section 10922(cX3) of title 49, 
United States Code, is amended by striking out "(1)(A)" and insert-
ing in lieu thereof "(1)". 
SEC. 340. UTILIZATION REQUIREMENT FOR CERTIFICATES AUTHORIZING 
INTRASTATE BUS OPERATIONS. 
(a) GENERAL RULE.—Section 10922(cX2) of title 49, United States 
Code, is amended by adding at the end thereof the following new 
subparagraph: 
' (J) LIMITATION ON INTRASTATE CERTIFICATES.—Each cer-
tificate issued under this paragraph to provide intrastate 
101 STAT. 246 
PUBLIC LAW 100-17—APR. 2, 1987 
transportation of passengers on any route shall be subject 
to a condition which limits the authority of the carrier to 
provide intrastate transportation service under the certifi-
cate only if the carrier provides regularlv scheduled inter-
state transportation service on the route. . 
49 use 10922 
(b) RETROACTIVE APPLICABILITY.—The amendment made by subsec-
"^ote. 
tion (a) shall apply to any certificate issued under section 10922(c)(2) 
of title 49, United States Code, before, on, or after the date of the 
enactment of this Act. 
RSoSn A
c
t 
TITLE IV—UNIFORM RELOCATION ACT 
Amendments'of 
'
— 
AMENDMENTS OF 1987 
42 use 4601 
SEC. 401. SHORT TITLE. 
' 
This title may be cited as the "Uniform Relocation Act Amend-
ments of 1987". 
SEC. 402. DEFINITIONS. 
" 
(a) FEDERAL AGENCY DEFINED.—Section 101(1) of the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970 (hereinafter in this title referred to as the "Uniform Act") (42 
U.S.C. 4601(1)) is amended to read as follows: 
"(1) The term 'Federal agency' means any department, agency, or 
instrumentality in the executive branch of the Government, any 
wholly owned Government corporation, the Architect of the Capitol, 
the Federal Reserve banks and branches thereof, and any person 
who has the authority to acquire property by eminent domain under 
Federal law.". 
(b) STATE AGENCY DEFINED.—Section 101(3) of the Uniform Act (42 
U.S.C. 4601(3)) is amended to read as follows: 
"(3) The term 'State agency' means any department, agency, or 
instrumentality of a State or of a political subdivision of a State, any 
department, agency, or instrumentality of 2 or more States or of 2 or 
more political subdivisions of a State or States, and any person who 
has the authority to acquire property by eminent domain under 
State law.". 
(c) INTEREST REDUCTION PAYMENTS AS FEDERAL FINANCIAL ASSIST-
ANCE.—Section 101(4) of the Uniform Act (42 U.S.C. 4601(4)) is 
amended by inserting ", any interest reduction payment to an 
individual in connection with the purchase and occupancy of a 
residence by that individual," after "insurance". 
(d) DISPLACED PERSON DEFINED.—Section 101(6) of the Uniform 
Act (42 U.S.C. 4601(6)) is amended to read as follows: 
"(6)(A) The term 'displaced person' means, except as provided in 
subparagraph (B)— 
"(i) any person who moves from real property, or moves his 
personal property from real property— 
"(I) as a direct result of a written notice of intent to 
""'• 
acquire or the acquisition of such real property in whole or 
in part for a program or project undertaken by a Federal 
agency or with Federal financial assistance; or 
"(II) on which such person is a residential tenant or 
conducts a small business, a farm operation, or a business 
.-^fyy r 
defined in section 101(7)(D), as a direct result of rehabilita-
tion, demolition, or such other displacing activity as the 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 247 
lead agency may prescribe, under a program or project 
undertaken by a Federal agency or with Federal financial 
assistance in any case in which the head of the displacing 
agency determines that such displacement is permanent; 
and 
^ 
"(ii) solely for the purposes of sections 202 (a) and 0^) and 205 
of this title, any person who moves from real property, or moves Post, pp. 249,252. 
his personal property from real property— 
"(I) as a direct result of a written notice of intent to 
acquire or the acquisition of other real property, in whole 
or in part, on which such person conducts a business or 
farm operation, for a program or project undertaken by a 
Federal agency or with Federal financial assistance; or 
"(II) as a direct result of rehabilitation, demolition, or 
,j, 
such other displacing activity as the lead agency may pre-
scribe, of other real property on which such person con-
.,. , 
ducts a business or a farm operation, under a program or 
•.-u-t.^F 
' 
project undertaken by a Federal agency or with Federal 
financial 
assistance where the head of the displacing 
.... 
agency determines that such displacement is permanent, 
"(B) The term 'displaced person' does not include— 
"(i) a person who has been determined, according to criteria 
established by the head of the lead agency, to be either in 
unlawful occupancy of the displacement dwelling or to have 
occupied such dwelling for the purpose of obtaining assistance 
under this Act; 
"(ii) in any case in which the displacing agency acquires 
property for a program or project, any person (other than a 
person who was an occupant of such property at the time it was 
acquired) who occupies such property on a rental basis for a 
short term or a period subject to termination when the property 
.r,. ./.-
is needed for the program or project.", 
(e) COMPARABLE REPLACEMENT DWELLING, DISPLACING AGENCY, 
LEAD AGENCY, AND APPRAISAL DEFINED.—Section 101 of the Uniform 
Act (42 U.S.C. 4601) is amended by adding at the end thereof the 
following new paragraphs: 
"(10) The term 'comparable replacement dwelling' means any 
dwelling that is (A) decent, safe, and sanitary; (B) adequate in size to 
accommodate the occupants; (C) within the financial means of the 
displaced person; (D) functionally equivalent; (E) in an area not 
subject to unreasonable adverse environmental conditions; and (F) 
in a location generally not less desirable than the location of the 
displaced person's dwelling with respect to public utilities, facilities, 
services, and the displaced person's place of employment. 
"(11) The term 'displacing agency' means any Federal agency 
carrying out a program or project, and any State, State agency, or 
person carrying out a program or project with Federal financial 
assistance, which causes a person to be a displaced person. 
"(12) The term 
'lead agency' means the Department 
of 
Transportation. 
"(13) The term 'appraisal' means a written statement independ-
ently and impartially prepared by a qualified appraiser setting forth 
an opinion of defined value of an adequately described property as of 
a specific date, supported by the presentation and analysis of rel- 
^ 
evant market information.". 
101 STAT. 248 
PUBLIC LAW 100-17—APR. 2, 1987 
MS.etv£,.,>q,i?,-
42 u s e 4604. 
Post, pp. 254,256. 
Regulations. 
Reports. 
Contracts. 
(f) CONFORMING AMENDMENT.—Section 101(7)(D) of the Uniform 
Act (42 U.S.C. 4601(7)(D)) is amended by striking out "(a)" after 
"202". 
SEC. 403. CERTIFICATION. 
-^ ^^^^^ ^'^'"'^ 3i*u. a'.->3f^'; vou^-.^i^ 
Title I of the Uniform Act is amended by adding at the end 
thereof the following new section: 
CERTIFICATION 
•:.tQ U 
"SEC. 103. (a) Notwithstanding sections 210 and 305 of this Act, 
the head of a Federal agency may discharge any of his responsibil-
ities under this Act by accepting a certification by a State agency 
that it will carry out such responsibility, if the head of the lead 
agency determines that such responsibility will be carried out in 
accordance with State laws which will accomplish the purpose and 
effectof this Act. 
"(b)(1) The head of the lead agency shall issue regulations to carry 
out this section. 
"(2) The head of the lead agency shall, in coordination with other 
Federal agencies, monitor from time to time, and report biennially 
to the Congress on, State agency implementation of this section. A 
State agency shall make available any information required for such 
purpose. 
"(3) Before making a determination regarding any State law 
under subsection (a) of this section, the head of the lead agency shall 
provide interested parties with an opportunity for public review and 
comment. In particular, the head of the lead agency shall consult 
with interested local general purpose governments within the State 
on the effects of such State law on the ability of local governments 
to carry out their responsibilities under this Act. 
"(c)(1) The head of a Federal agency may withhold his approval of 
any Federal financial assistance to or contract or cooperative agree-
ment with any displacing agency found by the Federal agency to 
have failed to comply with the laws described in subsection (a) of 
this section. 
"(2) After consultation with the head of the lead agency, the head 
of a Federal agency may rescind his acceptance of any certification 
under this section, in whole or in part, if the State agency fails to 
comply with such certification or with State law.". 
SEC. 404. DECLARATION OF FINDINGS AND POLICY. 
Section 201 of the Uniform Act (42 U.S.C 4621) is amended to read 
as follows: 
"DECLARATION OF FINDINGS AND POLICY 
"SEC. 201. (a) The Congress finds and declares that— 
"(1) displacement as a direct result of programs or projects 
undertaken by a Federal agency or with Federal financial 
assistance is caused by a number of activities, including re-
habilitation, demolition, code enforcement, and acquisition; 
"(2) relocation assistance policies must provide for fair, uni-
form, and equitable treatment of all affected persons; 
"(3) the displacement of businesses often results in their 
closure; 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 249 
"(4) minimizing the adverse impact of displacement is essen-
tial to maintaining the economic and social well-being of 
communities; and 
"(5) implementation of this Act has resulted in burdensome, 
inefficient, and inconsistent compliance requirements and 
procedures which will be improved by establishing a lead 
agency and allowing for State certification and implementation. 
"(b) This title establishes a uniform policy for the fair and equi-
table treatment of persons displaced as a direct result of programs 
or projects undertaken by a Federal agency or with Federal finan-
cial assistance. The primary purpose of this title is to ensure that 
such persons shall not suffer disproportionate injuries as a result of 
programs and projects designed for the benefit of the public as a 
whole and to minimize the hardship of displacement on such 
persons. 
"(c) It is the intent of Congress that— 
^ 
"(1) Federal agencies shall carry out this title in a manner 
which minimizes waste, fraud, and mismanagement and re-
duces unnecessary administrative costs borne by States and 
State agencies in providing relocation assistance; 
"(2) uniform procedures for the administration of relocation 
assistance shall, to the maximum extent feasible, assure that 
the unique circumstances of any displaced person are taken into 
account and that persons in essentially similar circumstances 
are accorded equal treatment under this Act; 
y 
"(3) the improvement of housing conditions of economically 
disadvantaged persons under this title shall be undertaken, to 
; 
the maximum extent feasible, in coordination with existing 
Federal, State, and local governmental programs for accom-
plishing such goals; and 
"(4) the policies and procedures of this Act will be adminis-
tered in a manner which is consistent with fair housing require-
ments and which sissures all persons their rights under title 
^ 
VIII of the Act of April 11, 1968 (Public Law 90-284), commonly 
known as the Civil Rights Act of 1968, and title VI of the Civil 
Rights Act of 1964.". 
SEC. 405. MOVING AND RELATED EXPENSES. 
(a) BUSINESS REESTABUSHMENT EXPENSES.—Section 202(a) of the 
Uniform Act (42 U.S.C. 4622(a)) is amended— 
(1) by striking out the matter preceding paragraph (1) and 
inserting in lieu thereof the following: 
"(a) Whenever a program or project to be undertaken by a displac-
ing agency will result in the displacement of any person, the head of 
the displacing agency shall provide for the payment to the displaced 
person of—"; 
(2) by striking out "and" at the end of paragraph (2); 
(3) by striking out the period at the end of paragraph (3) and 
\: 
inserting in lieu thereof "; and"; and 
(4) by adding at the end thereof the following: 
"(4) actual reasonable expenses necessary to reestablish a 
e 
displaced farm, nonprofit organization, or small business at its 
new site, but not to exceed $10,000.". 
(b) ALTERNATIVE RESIDENTIAL ALLOWANCE.—Section 202(b) of the 
Uniform Act (42 U.S.C. 4622(b)) is amended by striking out all that 
follows "may receive" and inserting in lieu thereof "an expense and 
42 use 
42 use 
3601. 
2000d. 
Agriculture and 
agricultural 
commodities. 
101 STAT. 250 
PUBLIC LAW 100-17—APR. 2, 1987 
Agriculture and 
agricultural 
commodities. 
Utilities. 
r-V* 
dislocation allowance, which shall be determined according to a 
schedule established by the head of the lead agenc}'.". 
(c) ALTERNATIVE BUSINESS ALLOWANCE.—Section 202(c) of the Uni-
form Act (42 U.S.C. 4622(c)) is amended to read as follows: 
"(c) Any displaced person eligible for payments under subsection 
(a) of this section who is displaced from the person's place of 
business or farm operation and who is eligible under criteria estab-
lished by the head of the lead agency may elect to accept the 
payment authorized by this subsection in lieu of the payment 
authorized by subsection (a) of this section. Such payment shall 
consist of a fixed payment in an amount to be determined according 
to criteria established by the head of the lead agency, except that 
such payment shall not be less than $1,000 nor more than $20,000. A 
person whose sole business at the displacement dwelling is the 
rental of such property to others shall not qualify for a payment 
under this subsection.". 
(d) CERTAIN UTIUTY RELOCATION EXPENSES.—Section 202 of the 
Uniform Act (42 U.S.C. 4622) is amended by adding at the end 
thereof the following new subsection: 
"(d)(1) Except as otherwise provided by Federal law— 
"(A) if a program or project (i) which is undertaken by a 
displacing agency, and (ii) the purpose of which is not to 
relocate or reconstruct any utility facility, results in the reloca-
tion of a utility facility; 
"(B) if the owner of the utility facility which is being relocated 
under such program or project has entered into, with the State 
or local government on whose property, easement, or right-of-
way such facility is located, a franchise or similar agreement 
with respect to the use of such property, easement, or right-of-
way, and 
"(C) if the relocation of such facility results in such owner 
incurring an extraordinary cost in connection with such reloca-
tion; 
the displacing agency may, in accordance with such regulations as 
the head of the lead agency may issue, provide to such owner a 
relocation payment which may not exceed the amount of such 
extraordinary cost (less any increase in the value of the new utility 
facility above the value of the old utility facility and less any salvage 
value derived from the old utility facility). 
"(2) For purposes of this subsection, the term— 
- - 
"(A) 'extraordinary cost in connection with a relocation* 
means any cost incurred by the owner of a utility facility in 
connection with relocation of such facility which is determined 
by the head of the displacing agency, under such regulations as 
&trif the head of the lead agency shall issue— 
"(i) to be a non-routine relocation expense; 
"(ii) to be a cost such owner ordinarily does not include in 
'i 
' ' its annual budget as an expense of operation; and 
"(iii) to meet such other requirements as the lead agency 
may prescribe in such regulations; and 
"(B)'utility facility'means— 
•<i> 
"(i) any electric, gas, water, steam power, or materials 
transmission or distribution system; 
"(ii) any transportation system; 
"(iii) any communications system (including cable tele-
vision); and 
, 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 251 
* ' 
"(iv) any fixtures, equipment, or other property associ-
ated with the operation, maintenance, or repair of any such 
system; 
located on property which is owned by a State or local govern-
ment or over which a State or local government has an ease-
ment or right-of-way. A utilitv facility may be publicly, 
privately, or cooperatively owned.'. 
SEC. 406. REPLACEMENT HOUSING FOR HOMEOWNER. 
f Section 203(a) of the Uniform Act (42 U.S.C. 4623(a)) is amended— 
(1) by striking out "Federal" in the portion of paragraph (1) 
preceding subparagraph (A) and inserting in lieu thereof 
"displacing"; 
. 
(2) by striking out "$15,000" and inserting in lieu thereof 
"$22,500"; 
(3) by striking out "acquired by" and all that follows through 
"the additional payment." in paragraph (1)(A) and inserting in 
4 
lieu thereof "acquired by the displacing agency, equals the 
reasonable cost of a comparable replacement dwelling.'; 
(4) by striking out paragraph (1)(B) and inserting in lieu 
^r^ ,, ,^^., 
thereof the following: 
' 
"(B) The amount, if any, which will compensate such displaced 
person for any increased interest costs and other debt service costs 
which such person is required to pay for financing the acquisition of 
any such comparable replacement dwelling. Such amount shall be 
paid only if the dwelling acquired by the displacing agency was 
encumbered by a bona fide mortgage which was a valid lien on such 
dwelling for not less than 180 days immediately prior to the initi-
ation of negotiations for the acquisition of such dwelling."; and 
(5) by striking out paragraph (2) and inserting in lieu thereof 
the following: 
' "(2) The additional payment authorized by this section shall be 
made only to a displaced person who purchases and occupies a 
decent, safe, and sanitary replacement dwelling within 1 year after 
the date on which such person receives final payment from the 
displacing agency for the acquired dwelling or the date on which the 
displacing agency's obligation under section 205(c)(3) of this Act is 
42 USC 4625. 
met, whichever is later, except that the displacing agency may 
extend such period for good cause. If such period is extended, the 
payment under this section shall be based on the costs of relocating 
the person to a comparable replacement dwelling within 1 year of 
such date.". 
SEC. 407. REPLACEMENT HOUSING FOR TENANTS AND CERTAIN OTHERS. 
Section 204 of the Uniform Act (42 U.S.C. 4624) is amended to read 
as follows: 
"REPLACEMENT HOUSING FOR TENANTS AND CERTAIN OTHERS 
"SEC. 204, (a) In addition to amounts otherwise authorized by this Disadvantaged 
title, the head of a displacing agency shall make a payment to or for persons. 
any displaced person displaced from any dwelling not eligible to 
receive a payment under section 203 which dwelling was actually Supra. 
and lawfully occupied by such displaced person for not less than 90 
days immediately prior to (1) the initiation of negotiations for 
acquisition of such dwelling, or (2) in any c£ise in which displace- 
, 
ment is not a direct result of acquisition, such other event as the 
101 STAT. 252 
PUBLIC LAW 100-17—APR. 2, 1987 
Ante, p. 251. 
head of the lead agency shall prescribe. Such payment shall consist 
of the amount necessary to enable such person to lease or rent for a 
period not to exceed 42 months, a comparable replacement dwelling, 
but not to exceed $5,250. At the discretion of the head of the 
displacing agency, a payment under this subsection may be made in 
periodic installments. Computation of a payment under this subsec-
tion to a low-income displaced person for a comparable replacement 
dwelling shall take into account such person's income. 
"(b) Any person eligible for a payment under subsection (a) of this 
section may elect to apply such payment to a down payment on, and 
other incidental expenses pursuant to, the purchase of a decent, 
safe, and sanitary replacement dwelling. Any such person may, at 
the discretion of the head of the displacing agency, be eligible under 
this subsection for the maximum payment allowed under subsection 
(a), except that, in the case of a displaced homeowner who has owned 
and occupied the displacement dwelling for at least 90 days but not 
more than 180 days immediately prior to the initiation of negotia-
tions for the acquisition of such dwelling, such payment shall not 
exceed the payment such person would otherwise have received 
under section 203(a) of this Act had the person owned and occupied 
the displacement dwelling 180 days immediately prior to the initi-
ation of such negotiations.". 
SEC. 408. RELOCATION PLANNING, ASSISTANCE COORDINATION, 
AND 
ADVISORY SERVICES. 
Section 205 of the Uniform Act (42 U.S.C. 4625) is amended to read 
as follows: 
Business and 
industry. 
Agriculture and 
agricultural 
commodities. 
RELOCATION PLANNING, ASSISTANCE COORDINATION, AND ADVISORY 
SERVICES 
"SEC. 205. (a) Programs or projects undertaken by a Federal 
agency or with Federal financial assistance shall be planned in a 
manner that (1) recognizes, at an early stage in the planning of such 
programs or projects and before the commencement of any actions 
which will cause displacements, the problems associated with the 
displacement of individuals, families, businesses, and farm oper-
ations, and (2) provides for the resolution of such problems in order 
to minimize adverse impacts on displaced persons and to expedite 
program or project advancement and completion. 
"Ot>) The head of any displacing agency shall ensure that the 
relocation assistance advisory services described in subsection (c) of 
this section are made available to all persons displaced by such 
agency. If such agency head determines that any person occupying 
property immediately adjacent to the property where the displacing 
activity occurs is caused substantial economic injury as a result 
thereof, the agency head may make available to such person such 
advisory services. 
"(c) Each relocation assistance advisory program required by 
subsection (b) of this section shall include such measures, facilities, 
or services £is may be necessary or appropriate in order to— 
yj 
"(1) determine, and make timely recommendations on, the 
0
*
^
; needs and preferences, if any, of displaced persons for relocation 
lo 
assistance; 
*
*
• 
"(2) provide current and continuing information on the avail-
c i 
ability, sales prices, and rental charges of comparable replace-
a -.'"'i.nl'-
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 253 
ment dwellings for displaced homeowners and tenants and 
suitable locations for businesses and farm operations; 
"(3) assure that a person shall not be required to move from a 
dwelling unless the person has had a reasonable opportunity to 
relocate to a comparable replacement dwelling, except in the 
case o
f
— 
t 
"(A) a major disaster as defined in section 102(2) of the 
Disaster Relief Act of 1974; 
42 USC 5122. 
fif. - - 
"(B) a national emergency declared by the President; or 
f 
"(C) any other emergency which requires the person to 
v 
move immediately from the dwelling because continued 
d 'm 
occupancy of such dwelling by such person constitutes a 
substantial danger to the health or safety of such person; 
"(4) assist a person displaced from a business or farm oper-
ation in obtaining and becoming established in a suitable 
% 
replacement location; 
8 
"(5) supply (A) information concerning other Federal and 
^ 
State programs which may be of assistance to displaced persons, 
and (B) technical assistance to such persons in applying for 
assistance under such programs; and 
.
^ 
"(6) provide other advisory services to displaced persons in 
order to minimize hardships to such persons in adjusting to 
relocation. 
"(d) The head of a displacing agency shall coordinate the reloca-
tion activities performed by such agency with other Federal, State, 
or local governmental actions in the community which could affect 
the efficient and effective delivery of relocation assistance and 
related services. 
"(e) Whenever two or more Federal agencies provide financial 
assistance to a displacing agency other than a Federal agency, to 
implement functionally or geographically related activities which 
will result in the displacement of a person, the heads of such 
Federal agencies may agree that the procedures of one of such 
agencies shall be utilized to implement this title with respect to such 
activities. If such agreement cannot be reached, then the head of the 
lead agency shall designate one of such agencies as the agency 
whose procedures shall be utilized to implement this title with 
respect to such activities. Such related activities shall constitute a 
single program or project for purposes of this Act. 
'\f) Notwithstanding section 101(6) of this Act, in any case in 
42 USC 4601. 
which a displacing agency acquires property for a program or 
project, any person who occupies such property on a rental basis for 
a short term or a period subject to termination when the property is 
needed for the program or project shall be eligible for advisory 
services to the extent determined by the displacing agency.". 
SEC. 409. HOUSING REPLACEMENT BY FEDERAL AGENCY AS LAST 
RESORT. 
.U'->':mii £i» 
Section 206 of the Uniform Act (42 U.S.C. 4626) is amended to read 
as follows: 
"HOUSING REPLACEMENT BY FEDERAL AGENCY AS LAST RESORT 
"SEC. 206. (a) If a program or project undertaken by a Federal 
agency or with Federal financial assistance cannot proceed on a 
timely basis because comparable replacement dwellings are not 
available, and the head of the displacing agency determines that 
• SHijifc,!: 
101 STAT. 254 
PUBLIC LAW 100-17—APR. 2, 1987 
Ante, p. 251. 
42 u s e 4651. 
Regulations. 
Housing. 
Disadvantaged 
persons. 
such dwellings cannot otherwise be made available, the head of the 
displacing agency may take such action as is necessary or appro-
priate to provide such dwellings by use of funds authorized for such 
project. The head of the displacing agency may use this section to 
exceed the maximum amounts which may be paid under sections 
203 and 204 on a C£ise-by-case basis for good cause as determined in 
accordance with such regulations as the head of the lead agency 
shall issue. 
"(b) No person shall be required to move from his dwelling on 
account of any program or project undertaken by a Federal agency 
or with Federal financial assistance, unless the head of the displac-
ing agency is satisfied that comparable replacement housing is 
available to such person.". 
SEC. 410. ASSURANCES. 
Section 210 of the Uniform Act (42 U.S.C. 4630) is amended by 
striking out "State agency" the first place it appears and inserting 
in lieu thereof "displacing agency (other than a Federal agency)"; by 
striking out "State agency" the second place it appears and insert-
ing in lieu thereof "displacing agency"; and by striking out "decent, 
safe, and sanitary" in paragraph (3) and inserting in lieu thereof 
"comparable". 
SEC. 411. FEDERAL SHARE OF COSTS. 
(a) GENERAL RULE.—Section 211(a) of the Uniform Act (42 U.S.C. 
4631(a)) is amended to read as follows: 
"(a) The cost to a displacing agency of providing payments and 
assistance under this title and title III of this Act shall be included 
as part of the cost of a program or project undertaken by a Federal 
agency or with Federal financial assistance. A displacing agency, 
other than a Federal agency, shall be eligible for Federal financial 
assistance with respect to such payments and assistance in the same 
manner and to the same extent as other program or project costs.". 
(b) LIMITATION.—Section 211(b) of the Uniform Act (42 U.S.C. 
463103)) is amended to read as follows: 
"(b) No payment or assistance under this title or title III of this 
Act shall be required to be made to any person or included as a 
program or project cost under this section, if such person receives a 
payment required by Federal, State, or local law which is deter-
mined by the head of the Federal agency to have substantially the 
same purpose and effect as such payment under this section.". 
SEC. 412. DUTIES OF LEAD AGENCY. 
Section 21>3 of the Uniform Act (42 U.S.C. 4633) is amended to read 
as follows: 
"DUTIES OF LEAD AGENCY 
'K t 
>. 
.' ' 
^^y "SEC. 213. (a) The head of the lead agency shall— 
"(1) develop, publish, and issue, with the active participation 
of the Secretary of Housing and Urban Development and the 
heads of other Federal agencies responsible for funding reloca-
tion and acquisition actions, and in coordination with State and 
^
•
- 
local governments, such regulations as may be necessary to 
•
• 
carry out this Act; 
"(2) ensure that relocation assistance activities under this Act 
are coordinated with low-income housing assistance programs 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 255 
,
i
O
d
*
^
- "-rJ S^ 
or projects by a Federal agency or a State or State agency with 
Federal financial assistance; 
"(3) monitor, in coordination with other Federal agencies, the 
Reports. 
implementation and enforcement of this Act and report to the 
Congress, as appropriate, on any major issues or problems with 
respect to any policy or other provision of this Act; and 
"(4) perform such other duties as may be necessary to carry 
out this Act. 
"(b) The head of the lead agency is authorized to issue such 
Regulations. 
regulations and establish such procedures as he may determine to 
be necessary to assure— 
"(1) that the payments and assistance authorized by this Act 
shall be administered in a manner which is fair and reasonable 
and as uniform as practicable; 
{ 
"(2) that a displaced person who makes proper application for 
I 
a payment authorized for such person by this title shall be paid 
promptly after a move or, in hardship cases, be paid in advance; 
and 
"(3) that any aggrieved person may have his application 
reviewed by the head of the Federal agency having authority 
' 
over the applicable program or project or, in the case of a 
program or project receiving Federal financial assistance, by 
the State agency having authority over such program or project 
f 
or the Federal agency having authority over such program or 
project if there is no such State agency. 
"(c) The regulations and procedures issued pursuant to this sec-
tion shall apply to the Tennessee Valley Authority only with respect 
to relocation assistance under this title and title L". 
SEC. 
4
1
3
. 
PAYMENTS 
UNDER 
OTHER 
LAWS. 
Section 216 of the Uniform Act (42 U.S.C. 4636) is amended by 
inserting after "Federal law" the following: "(except for any Federal 
law providing low-income housing assistance)". 
SEC. 414. TRANSFER OF SURPLUS PROPERTY. 
Section 218 of the Uniform Act (42 U.S.C. 4638) is amended by 
inserting "net" after "all". 
SEC. 415. REPEALS. 
Sections 214, 217, and 219 of the Uniform Act (42 U.S.C. 4634 and 
4637) are hereby repealed. 
SEC. 416. UNIFORM POLICY ON REAL PROPERTY ACQUISITION PRACTICES. 
(a) WAIVER OF APPRAISAL.—Section 301(2) of the Uniform Act (42 Gifts and 
U.S.C. 4651(2)) is amended by inserting before the period at the end property, 
thereof the following: ", except that the head of the lead agency may 
prescribe a procedure to waive the appraisal in cases involving the 
acquisition by sale or donation of property with a low fair market 
value". 
(b) ACQUISITION OF UNECONOMIC REMNANT.—Section 301(9) of the 
'*" 
Uniform Act (42 U.S.C. 4651(9)) is amended to read as follows: 
"(9) If the acquisition of only a portion of a property would leave 
the owner with an uneconomic remnant, the head of the Federal 
agency concerned shall offer to acquire that remnant. For the 
purposes of this Act, an uneconomic remnant is a parcel of real 
,: : 
property in which the owner is left with an interest after the partial 
acquisition of the owner's property and which the head of the 
42 u s e 4621, 
4601. 
Housing. 
Disadvantaged 
persons. 
: . . A ' e. 
84 Stat. 1902. 
101 STAT. 256 
PUBLIC LAW 100-17—APR. 2, 1987 
s,tioo*?>? 
ill^, 
42 use 4601. 
42 use 4601 
note. 
Highway 
Revenue Act of 
1987. 
26 use 1 note. 
-•i;j svftjO 
Petroleum and 
petroleum 
products. 
26 use 1 et seq. 
26 use 4041. 
26 use 1 et seq. 
100 Stat. 1774. 
Federal agency concerned has determined has little or no value or 
utility to the owner.". 
(c) DONATIONS.—Section 301 of the Uniform Act (42 U.S.C. 4651) is 
amended by adding at the end thereof the following new paragraph: 
"(10) A person whose real property is being acquired in accordance 
with this title may, after the person has been fully informed of his 
right to receive just compensation for such property, donate such 
property, and part thereof, any interest therein, or any compensa-
tion paid therefor to a Federal agency, as such person shall 
determine. . 
3*.. .^j^^t^,j,^..^^.f_ .-...^i- ..,:-,.. 
SEC. 417. ASSURANCES. 
"
" 
Section 305 of the Uniform Act (42 U.S.C. 4655) is amended by 
inserting "(a)" after "SEC. 305.", by striking out "a State agency 
the first place it appears and inserting in lieu thereof "an acquiring 
agency", by striking out "State agency" the second place it appears 
and inserting in lieu thereof "acquiring agency", and by adding at 
the end thereof the following new subsection: 
"Ot)) For purposes of this section, the term 'acquiring agency' 
means— 
"(1) a State agency (as defined in section 101(3)) which has the 
authority to acquire property by eminent domain under State 
law, and 
"(2) a State agency or person which does not have such 
authority, to the extent provided by the head of the lead agency 
.a«. by regulation.". 
SEC. 418. EFFECTIVE DATE. 
The amendment made by section 412 of this title (to the extent 
such amendment prescribes authority to develop, publish, and issue 
regulations) shall take effect on the date of the enactment of this 
title. This title and the amendments made by this title (other than 
the amendment made by section 412 to such extent) shall take effect 
on the effective date provided in such regulations but not later than 
2 years after such date of enactment. 
TITLE V—HIGHWAY REVENUE ACT OF 
1987 
1 0 
fJtl- k. 
rrv 
SEC. 501. SHORT TITLE. 
This title may be cited as the "Highway Revenue Act of 1987". 
SEC. 502. 5-YEAR EXTENSION OF HIGHWAY TRUST FUND TAXES AND 
RELATED EXEMPTIONS. 
(a) EXTENSION OF TAXES.—The following provisions of the Internal 
Revenue (Dode of 1986 are each amended by striking out "1988" each 
place it appears and inserting in lieu thereof "1993 : 
(1) Section 4041(aX3) (relating to special fuels tax). 
(2) Section 4051(c) (relating to tax on heavy trucks and trailers 
sold at retail). 
(3) Section 4071(d) (relating to tax on tires and tread rubber). 
-'^ 
(4) Section 4081(eXl) (as amended by the Tax Reform Act of 
1986 and section 521(aXlXB) of the Superfund Revenue Act of 
1986). 
(5) Sections 4481(e), 4482(cX4), and 4482(d) (relating to high-
way use t£ix). 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 257 
(b) EXTENSION OF EXEMPTIONS, ETC.—The following provisions of 
the Internal Revenue Code of 1986 are each amended by striking out 
26 USC l et seq. 
"1988" each place it appears and inserting in lieu thereof "1993": 
(1) Section 4041(bX2)(C) (relating to qualified methanol and 
26 USC 4041. 
ethanol fuel). 
(2) Section 4041(f)(3) (relating to exemption for farm use). 
^ 
(3) Section 4041(g) (relating to other exemptions). 
-* 
(4) Section 4221(a) (relating to certain tax-free sales). 
i 
(5) Section 4483(f) (relating to termination of exemptions for 
. 
highway use tax). 
(6) Section 6420(h) (relating to gasoline used on farms). 
S 
(7) Section 6421(h) (relating to tax on gasoline used for certain 
nonhighway purposes or by local transit systems) (as in effect 
,4 before its redesignation by section 1703(c) of the Tax Reform Act 
" 
of 1986). 
100 Stat. 2774. 
(8) Section 6427(g)(5) (relating to advance repayment of in-
^^ creased diesel fuel tax). 
v' 
(9) Section 6427(m) (relating to fuels not used for taxable 
sos^l Q8U J?:. 
purposes) (as in effect before its redesignation by section 
^
^
- 1703(e)(1) of the Tax Reform Act of 1986). 
(c) EXTENSION OF REDUCED RATES OF TAX ON FUELS CONTAINING 
ALCOHOL.— 
(1) Paragraph (3) of section 404l(k) of such Code (relating to 
'-' fuels containing alcohol) is amended by striking out "December 
31, 1992" and inserting in lieu thereof "September 30, 1993". 
(2) Paragraph (4) of section 4081(c) of such Code (relating to 
gasoline mixed with alcohol), as amended by the Tax Reform 
Act of 1986, is amended by striking out "December 31, 1992" 
fs^ lai) \ 
and inserting in lieu thereof "September 30,1993". 
(d) OTHER PROVISIONS.— 
(1) FLOOR STOCKS REFUNDS.—Paragraph (1) of section 6412(a) of 
such Code (relating to floor stocks refunds) is amended— 
(A) by striking out "1988" each place it appears and 
(iv J- ; 
inserting in lieu thereof "1993", and 
(B) by striking out "1989" each place it appears and 
inserting in lieu thereof "1994". 
:;" 
(2) INSTALLMENT PAYMENTS OF HIGHWAY USE TAX.—Paragraph 
"' (2) of section 6156(e) of such Code (relating to installment pay-
ments of tax on use of highway motor vehicles) is amended by 
ssoi D3T' 
striking out "1988" and inserting in lieu thereof "1993". 
SEC. 503. 5-YEAR EXTENSION OF HIGHWAY TRUST FUND. 
(a) IN GENERAL.—Subsections (b), (c), and (e) of section 9503 of the 
Internal Revenue Code of 1986 (relating to Highway Trust Fund) are 26 USC 9503. 
each amended— 
(1) by striking out "1988" each place it appears and inserting 
in lieu thereof "1993", and 
- 
(2) by striking out "1989" each place it appears and inserting 
in lieu thereof'^1994". 
O
t
)
) EXPENDITURES FROM HIGHWAY TRUST FUND.—Paragraph (1) of 
section 9503(c) of such Code (relating to expenditures from Highway 
Trust Fund) is amended by striking out "or" at the end of subpara-
graph (B) and by striking out subparagraph (C) and inserting in lieu 
thereof the following: 
"(C) authorized to be paid out of the Highway Trust Fund 
luiw ,u under the Surface Transportation and Uniform Relocation 
Assistance Act of 1987, or 
101 STAT. 258 
PUBLIC LAW 100-17—APR. 2, 1987 
"*) 
"(D) hereafter authorized by a law which does not au-
,v ,c»! '^ ,; • - 
thorize the expenditure out of the Highway Trust Fund of 
any amount for a general purpose not covered by subpara-
' 
' .
'
• '•? hju . 
graph (A), (B), or (C) as in effect on the date of the enact-
ment of the Surface Transportation and Uniform Reloca-
tion Assistance Act of 1987.' 
(c) CONFORMING AMENDMENTS TO LAND AND WATER CONSERVATION 
FUND.—Subsection (b) of section 201 of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 4601-11) is amended— 
(1) by striking out "1988" and inserting in lieu thereof "1993", 
and 
(2) by striking out "1989" each place it appears and inserting 
in lieu thereof "1994". 
J
,
Y
7
^ 
, 
1 
SEC. 504. CERTAIN TRANSFERS FROM HIGHWAY TRUST FUND TO BE MADE 
PROPORTIONATELY FROM MASS TRANSIT ACCOUNT. 
Subsection (e) of section 9503 of the Internal Revenue Code of 1986 
26 use 9503. 
(relating to establishment of Mass Transit Account) is amended by 
adding at the end thereof the following new paragraph: 
"(5) 
PORTION OF CERTAIN TRANSFERS TO BE MADE FROM 
ACCOUNT.— 
"(A) IN GENERAL.—Transfers under paragraphs (2), (3), 
f., 
and (4) of subsection (c) shall be borne by the Highway 
:>''' 
Account and the Mass Transit Account in proportion to the 
respective revenues transferred under this section to the 
Highway Account (after the application of paragraph (2)) 
s • 
and the Mass Transit Account; except that any such trans-
26 use 6427. 
J' 
fers to the extent attributable to section 6427(g) shall be 
borne only by the Highway Account. 
"(B) HIGHWAY ACCOUNT.—For purposes of subparagraph 
!
«
} ;/r; i (A), the term 'Highway Account' means the portion of the 
Highway Trust Fund which is not the Mass Transit 
Account." 
SEC. 505. TREATMENT OF LONG-TERM LESSORS OF HEAVY TRUCKS AND 
TRAILERS. 
(a) INITIAL TAX NOT IMPOSED ON SALE TO LONG-TERM LESSORS.— 
Paragraph (1) of section 4052(a) of the Internal Revenue Code of 1986 
26 use 4052. 
(defining first retail sale) is amended by striking out "other than for 
resale" and inserting in lieu thereof "other than for resale or 
leasing in a long-term lease". 
O
b
) CONSTRUCTIVE SALES PRICE IN THE CASE OF LONG-TERM 
LEASE.—Subsection O
t
>
) of section 4052 of such Code (defining price) is 
' H ; t' •: 
amended by adding at the end thereof the following new paragraph: 
"(3) LONG-TERM LEASE.— 
"(A) IN GENERAL.—In the case of any long-term lease of 
an article which is treated as the first retail sale of such 
.;..' :•;• article, the tax under this subchapter shall be computed on 
a price equal to— 
"(i) the sum of— 
}^ 
"(I) the price (determined under this subchapter 
• 
but without regard to paragraph (4)) at which such 
. nf 
article was sold to the lessor, and 
"(II) the cost of any parts and accessories 
>
>
» '^ 
, 
installed by the lessor on such article before the 
-5.. . • .'. • ir: 
first use by the lessee or leased in connection with 
such long-term lease, plus 
PUBLIC LAW 100-17—APR. 2, 1987 
101 STAT. 259 
R>iJ; V -^ 
"(ii) an amount equal to the presumed markup 
percentage of the sum described in clause (i). 
"(B) PRESUMED MARKUP PERCENTAGE.—For purposes of 
subparagraph (A), the term 'presumed markup percentage' 
means the average markup percentage of retailers of arti- 
'' -'^' 
cles of the type involved, as determined by the Secretary. 
"(C) EXCEPTIONS UNDER REGULATIONS.—To the extent pro-
vided in regulations prescribed by the Secretary, subpara-
graph (A) shall not apply to specified types of leases where 
its application is not necessary to carry out the purposes of 
this subsection." 
(c) LONG-TERM LEASE DEFINED.—Section 4052 of such Code is 26USC4052. 
amended by adding at the end thereof the following new subsection: 
"(f) LONG-TERM LEASE.—For purposes of this section, the term 
'long-term lease' means any lease with a term of 1 year or more. In 
determining a lease term for purposes of the preceding sentence, the 
rules of section 168(iX3XA) shall apply." 
26 use 168. 
(d) EFFECTIVE DATE.—The amendments made by this section shall 
26 use 4052 
apply with respect to articles sold by the manufacturer, producer, or "°*«-
importer on or after the first day of the first calendar quarter which 
begins more than 90 days after the date of the enactment of this Act. 
SEC. 506. DETERMINATION 
OF 
PRICE 
WHERE 
TAX 
PAID 
BY 
MANUFACTURER. 
(a) IN GENERAL.—Subsection (b) of section 4052 of the Internal 
Revenue Code of 1986 (defining price) is amended by adding at the 
26 USe 4052. 
end thereof the following new paragraph: 
"(4) SPECIAL RULE WHERE TAX PAID BY MANUFACTURER, PRO-
DUCER, OR IMPORTER.— 
s 
"(A) IN GENERAL.—In any case where the manufacturer, 
- i f 
producer, or importer of any article (or a related person) is 
liable for tax imposed by this subchapter with respect to 
such article, the tax under this subchapter shall be com-
puted on a price equal to the sum of— 
• .,. 
. .^ 
"(i) the price which would Ot)ut for this paragraph) be 
^a . . 
determined under this subchapter, plus 
"(ii) the product of the price referred to in clause (i) 
and the presumed markup percentage determined 
under parsigraph (3XB). 
"(B) RELATED PERSON.—For purposes of this paragraph— 
"(i) IN GENERAL.—Except as provided in clause (ii), 
the term 'related person' means any person who is a 
member of the same controlled group (within the mean-
ing of section 5061(eX3)) as the manufacturer, producer, 
26 USe 5061. 
or importer. 
"(ii) EXCEPTION FOR RETAIL ESTABUSHMENT.—To the 
extent provided in regulations prescribed by the Sec-
retary, a person shall not be treated as a related person 
with respect to the sale of any article if such article is 
sold through a permanent retail establishment in the 
•
' 
normal course of the trade or business of being a 
retailer." 
0)) EFFECTIVE DATE.—The amendment made by this section shall 
26 use 4052 
apply with respect to articles sold by the manufacturer, producer, or note. 
importer on or after the 1st day of the 1st calendar quarter which 
begins more than 90 days after the date of the enactment of this Act. 
91-194 O - 90 -10 : QL.3 Part 1 
101 STAT. 260 
PUBLIC LAW 100-17—APR. 2, 1987 
26 u s e 4481. 
.&{3h mu as 
26 u s e 4481 
note. 
.SgO^ t>a^T 82 
26 u s e 4481 
note. 
Motor vehicles. 
SEC. 507. IMPOSITION OF HIGHWAY USE TAX ON ALL MOTOR VEHICLES 
OPERATING IN UNITED STATES. 
(a) IN GENERAL.—Subsection (b) of section 4481 of the Internal 
Revenue Code of 1986 (relating to tax paid by whom) is amended by 
inserting "or contiguous foreign country" after "State". 
(b) REDUCTION IN TAX FOR TRUCKS BASE-PLATED IN A CONTIGUOUS 
FOREIGN COUNTRY.—Section 4483 of such Code (relating to exemp-
tions) is amended by redesignating subsection (f) as subsection (g) 
and by inserting after subsection (e) the following new subsection: 
"(f) REDUCTION IN TAX FOR TRUCKS BASE-PLATED IN A CONTIGUOUS 
FOREIGN COUNTRY.—If the base for registration purposes of any 
highway motor vehicle is in a contiguous foreign country for any 
taxable period, the tax imposed by section 4481 for such period shall 
be 75 percent of the tax which would (but for this subsection) be 
imposed by section 4481 for such period." 
(c) REGULATIONS REQUIRED WITHIN 120 DAYS.—The Secretary of 
the Treasury or the delegate of the Secretary shall within 120 days 
after the date of the enactment of this section prescribe regulations 
governing payment of the tax imposed by section 4481 of the In-
ternal Revenue Code of 1986 on any highway motor vehicle operated 
by a motor carrier domiciled in any contiguous foreign country or 
owned or controlled by persons of any contiguous foreign country. 
Such regulations shall include a procedure by which the operator of 
such motor vehicle shall evidence that such operator has paid such 
tax at the time such motor vehicle enters the United States. In the 
event of the failure to provide evidence of payment, such regulations 
may provide for denial of entry of such motor vehicle into the 
United States. 
(d) EFFECTIVE DATE.—The amendments made by subsections (a) 
and (b) shall take effect on July 1,1987. 
SEC. 508. APPLICATION OF CERTAIN REVENUE RULINGS. 
Revenue Rulings 85-196 and 86-43 shall not apply to any vehicle 
acquired by a retail dealer before January 1,1986, continuously held 
in such dealer's inventory through September 30, 1986, and sold by 
such dealer after September 30,1986. 
usOe 0 8 U M 
B '41 • 
,i9'.^;u 
JIM WRIGHT 
Speaker of the House of Representatives. 
JOHN C. STENNIS 
President of the Senate pro tempore. 
IN THE HOUSE OF REPRESENTATIVES, U.S., 
.9ioa 
March 31, 1987. 
The House of Representatives having proceeded to reconsider the bill (H.R. 2) 
entitled "An Act to authorize funds for construction of highways, for highway safety 
|f#|ff» rujitnoM Piiffi Vii **b^?5tit trfptTf^if'^fn^ t^tPV-
/nwa'-Tfjf «Vf\ 
iO vlfftS»iikay.4iiia s u i !</ i*4«iO &ii>ji* '.it»Jlis .-.•(so.-ij >.v ixsii,.^ t-JiOfit rti11j^tsU 
•»T -v. i O ; Oi 
. » 
O Mil 
PUBLIC LAW 100-17-APR. 2, 1987 
101 STAT. 261 
programs, and for mass trsuisportation programs, to expand and improve the reloca-
tion assistance program, and for other purposes", returned by the President of the 
United States with his objections, to the House of Representatives, in which it 
originated, it was 
Resolved, That the said bill pass, two-thirds of the House of Representatives 
agreeing to pass the same. 
DoNNALD K. ANDERSON 
^ ,
A 
Clerk. 
I certify that this Act originated in the House of Representatives. 
^f\i '\v\ " i 
DoNNALD K. ANDERSON 
Clerk. 
IN THE SENATE OF THE UNITED STATES, 
April 2 (legislative day, March 30), 1987. 
The Senate having proceeded to reconsider the bill (H.R. 2) entitled "An Act to 
authorize funds for construction of highways, for highway safety programs, and for 
mass transportation programs, to expand and improve the relocation assistance 
program, and for other purposes", returned by the President of the United States with 
his objections, to the House of Representatives, in which it originated, and passed by 
the House of Representatives on reconsideration of the same, it was 
Resolved, That the said bill pass, two-thirds of the Senators present having voted in 
the affirmative. 
Attest: 
WALTER J. STEWART 
Secretary. 
LEGISLATIVE HISTORY—H.R. 2 (S. 387): 
HOUSE REPORTS: No. 100-27 (Comm. of Conference). 
SENATE REPORTS: No. 100-4 accompanying S. 387 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
Jan. 21, considered and passed House. 
Feb. 2, 3, S. 387 considered in Senate. 
Feb. 4, H.R. 2 considered and passed Senate, amended, in lieu of S. 387. 
Feb. 19, House disagreed to Senate amendments. 
Mar. 18, House agreed to conference report. 
Mar. 19, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): 
Mar. 27, Presidential veto messages. 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
, Mar. 31, House overrode veto. 
Apr. 2, Senate overrode veto. 
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