§ 101 — Definitions and declaration of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC101]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 101. Definitions and declaration of policy
(a) Definitions.--In this title, the following definitions apply:
(1) Apportionment.--The term ``apportionment'' includes
unexpended apportionments made under prior authorization laws.
(2) Carpool project.--The term ``carpool project'' means any
project to encourage the use of carpools and vanpools, including
provision of carpooling opportunities to the elderly and individuals
with disabilities, systems for locating potential riders and
informing them of carpool opportunities, acquiring vehicles for
carpool use, designating existing highway lanes as preferential
carpool highway lanes, providing related traffic control devices,
and designating existing facilities for use for preferential parking
for carpools.
(3) Construction.--The term ``construction'' means the
supervising, inspecting, actual building, and incurrence of all
costs incidental to the construction or reconstruction of a highway,
including bond costs and other costs relating to the issuance in
accordance with section 122 of bonds or other debt financing
instruments and costs incurred by the State in performing Federal-
aid project related audits that directly benefit the Federal-aid
highway program. Such term includes--
(A) locating, surveying, and mapping (including the
establishment of temporary and permanent geodetic markers in
accordance with specifications of the National Oceanic and
Atmospheric Administration of the Department of Commerce);
(B) resurfacing, restoration, and rehabilitation;
(C) acquisition of rights-of-way;
(D) relocation assistance, acquisition of replacement
housing sites, and acquisition and rehabilitation, relocation,
and construction of replacement housing;
(E) elimination of hazards of railway grade crossings;
(F) elimination of roadside obstacles;
(G) improvements that directly facilitate and control
traffic flow, such as grade separation of intersections,
widening of lanes, channelization of traffic, traffic control
systems, and passenger loading and unloading areas; and
(H) capital improvements that directly facilitate an
effective vehicle weight enforcement program, such as scales
(fixed and portable), scale pits, scale installation, and scale
houses.
(4) County.--The term ``county'' includes corresponding units of
government under any other name in States that do not have county
organizations and, in those States in which the county government
does not have jurisdiction over highways, any local government unit
vested with jurisdiction over local highways.
(5) Federal-aid highway.--The term ``Federal-aid highway'' means
a highway eligible for assistance under this chapter other than a
highway classified as a local road or rural minor collector.
(6) Federal-aid system.--The term ``Federal-aid system'' means
any of the Federal-aid highway systems described in section 103.
(7) Federal lands highway.--The term ``Federal lands highway''
means a forest highway, public lands highway, park road, parkway,
refuge road, and Indian reservation road that is a public road.
(8) Forest development roads and trails.--The term ``forest
development roads and trails'' means forest roads and trails under
the jurisdiction of the Forest Service.
(9) Forest highway.--The term ``forest highway'' means a forest
road under the jurisdiction of, and maintained by, a public
authority and open to public travel.
(10) Forest road or trail.--The term ``forest road or trail''
means a road or trail wholly or partly within, or adjacent to, and
serving the National Forest System that is necessary for the
protection, administration, and utilization of the National Forest
System and the use and development of its resources.
(11) Highway.--The term ``highway'' includes--
(A) a road, street, and parkway;
(B) a right-of-way, bridge, railroad-highway crossing,
tunnel, drainage structure, sign, guardrail, and protective
structure, in connection with a highway; and
(C) a portion of any interstate or international bridge or
tunnel and the approaches thereto, the cost of which is assumed
by a State transportation department, including such facilities
as may be required by the United States Customs and Immigration
Services in connection with the operation of an international
bridge or tunnel.
(12) Indian reservation road.--The term ``Indian reservation
road'' means a public road that is located within or provides access
to an Indian reservation or Indian trust land or restricted Indian
land that is not subject to fee title alienation without the
approval of the Federal Government, or Indian and Alaska Native
villages, groups, or communities in which Indians and Alaskan
Natives reside, whom the Secretary of the Interior has determined
are eligible for services generally available to Indians under
Federal laws specifically applicable to Indians.
(13) Interstate System.--The term ``Interstate System'' means
the Dwight D. Eisenhower National System of Interstate and Defense
Highways described in section 103(c).
(14) Maintenance.--The term ``maintenance'' means the
preservation of the entire highway, including surface, shoulders,
roadsides, structures, and such traffic-control devices as are
necessary for safe and efficient utilization of the highway.
(15) Maintenance area.--The term ``maintenance area'' means an
area that was designated as a nonattainment area, but was later
redesignated by the Administrator of the Environmental Protection
Agency as an attainment area, under section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)).
(16) National Highway System.--The term ``National Highway
System'' means the Federal-aid highway system described in section
103(b).
(17) Operating costs for traffic monitoring, management, and
control.--The term ``operating costs for traffic monitoring,
management, and control'' includes labor costs, administrative
costs, costs of utilities and rent, and other costs associated with
the continuous operation of traffic control, such as integrated
traffic control systems, incident management programs, and traffic
control centers.
(18) Operational improvement.--The term ``operational
improvement''--
(A) means (i) a capital improvement for installation of
traffic surveillance and control equipment, computerized signal
systems, motorist information systems, integrated traffic
control systems, incident management programs, and
transportation demand management facilities, strategies, and
programs, and (ii) such other capital improvements to public
roads as the Secretary may designate, by regulation; and
(B) does not include resurfacing, restoring, or
rehabilitating improvements, construction of additional lanes,
interchanges, and grade separations, and construction of a new
facility on a new location.
(19) Park road.--The term ``park road'' means a public road,
including a bridge built primarily for pedestrian use, but with
capacity for use by emergency vehicles, 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.
(20) Parkway.--The term ``parkway'', as used in chapter 2 of
this title, means a parkway authorized by Act of Congress on lands
to which title is vested in the United States.
(21) Project.--The term ``project'' means an undertaking to
construct a particular portion of a highway, or if the context so
implies, the particular portion of a highway so constructed or any
other undertaking eligible for assistance under this title.
(22) Project agreement.--The term ``project agreement'' means
the formal instrument to be executed by the State transportation
department and the Secretary as required by section 106.
(23) Public authority.--The term ``public authority'' means a
Federal, State, county, town, or township, Indian tribe, municipal
or other local government or instrumentality with authority to
finance, build, operate, or maintain toll or toll-free facilities.
(24) Public lands development roads and trails.--The term
``public lands development roads and trails'' means those roads and
trails that the Secretary of the Interior determines are of primary
importance for the development, protection, administration, and
utilization of public lands and resources under the control of the
Secretary of the Interior.
(25) Public lands highway.--The term ``public lands highway''
means a forest road under the jurisdiction of and maintained by a
public authority and open to public travel or any highway through
unappropriated or unreserved public lands, nontaxable Indian lands,
or other Federal reservations under the jurisdiction of and
maintained by a public authority and open to public travel.
(26) Public lands highways.--The term ``public lands highways''
means those main highways through unappropriated or unreserved
public lands, nontaxable Indian lands, or other Federal
reservations, which are on the Federal-aid systems.
(27) Public road.--The term ``public road'' means any road or
street under the jurisdiction of and maintained by a public
authority and open to public travel.
(28) Refuge road.--The term ``refuge road'' means a public road
that provides access to or within a unit of the National Wildlife
Refuge System and for which title and maintenance responsibility is
vested in the United States Government.
(29) Rural areas.--The term ``rural areas'' means all areas of a
State not included in urban areas.
(30) Safety improvement project.--The term ``safety improvement
project'' means a project that corrects or improves high hazard
locations, eliminates roadside obstacles, improves highway signing
and pavement marking, installs priority control systems for
emergency vehicles at signalized intersections, installs or replaces
emergency motorist aid call boxes, or installs traffic control or
warning devices at locations with high accident potential.
(31) Secretary.--The term ``Secretary'' means Secretary of
Transportation.
(32) State.--The term ``State'' means any of the 50 States, the
District of Columbia, or Puerto Rico.
(33) State funds.--The term ``State funds'' includes funds
raised under the authority of the State or any political or other
subdivision thereof, and made available for expenditure under the
direct control of the State transportation department.
(34) State transportation department.--The term ``State
transportation department'' means that department, commission,
board, or official of any State charged by its laws with the
responsibility for highway construction.
(35) Transportation enhancement activities.--The term
``transportation enhancement activities'' means, with respect to any
project or the area to be served by the project, any of the
following activities if such activity relates to surface
transportation: provision of facilities for pedestrians and
bicycles, provision of safety and educational activities for
pedestrians and bicyclists, acquisition of scenic easements and
scenic or historic sites, scenic or historic highway programs
(including the provision of tourist and welcome center facilities),
landscaping and other scenic beautification, historic preservation,
rehabilitation and operation of historic transportation buildings,
structures, or facilities (including historic railroad facilities
and canals), preservation of abandoned railway corridors (including
the conversion and use thereof for pedestrian or bicycle trails),
control and removal of outdoor advertising, archaeological planning
and research, environmental mitigation to address water pollution
due to highway runoff or reduce vehicle-caused wildlife mortality
while maintaining habitat connectivity, and establishment of
transportation museums.
(36) Urban area.--The term ``urban area'' means an urbanized
area or, in the case of an urbanized area encompassing more than one
State, that part of the urbanized area in each such State, or urban
place as designated by the Bureau of the Census having a population
of 5,000 or more and not within any urbanized area, within
boundaries to be fixed by responsible State and local officials in
cooperation with each other, subject to approval by the Secretary.
Such boundaries shall encompass, at a minimum, the entire urban
place designated by the Bureau of the Census, except in the case of
cities in the State of Maine and in the State of New Hampshire.
(37) Urbanized area.--The term ``urbanized area'' means an area
with a population of 50,000 or more designated by the Bureau of the
Census, within boundaries to be fixed by responsible State and local
officials in cooperation with each other, subject to approval by the
Secretary. Such boundaries shall encompass, at a minimum, the entire
urbanized area within a State as designated by the Bureau of the
Census.
(b) It is hereby declared to be in the national interest to
accelerate the construction of the Federal-aid highway systems,
including The Dwight D. Eisenhower System of Interstate and Defense
Highways, since many of such highways, or portions thereof, are in fact
inadequate to meet the needs of local and interstate commerce, for the
national and civil defense.
It is hereby declared that the prompt and early completion of The
Dwight D. Eisenhower System of Interstate and Defense Highways, so named
because of its primary importance to the national defense and hereafter
referred to as the ``Interstate System'', is essential to the national
interest and is one of the most important objectives of this Act. It is
the intent of Congress that the Interstate System be completed as nearly
as practicable over the period of availability of the forty years'
appropriations authorized for the purpose of expediting its
construction, reconstruction, or improvement, inclusive of necessary
tunnels and bridges, through the fiscal year ending September 30, 1996,
under section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat.
374), and that the entire system in all States be brought to
simultaneous completion. Insofar as possible in consonance with this
objective, existing highways located on an interstate route shall be
used to the extent that such use is practicable, suitable, and feasible,
it being the intent that local needs, to the extent practicable,
suitable, and feasible, shall be given equal consideration with the
needs of interstate commerce.
It is further declared that since the Interstate System is now in
the final phase of completion it shall be the national policy that
increased emphasis be placed on the construction and reconstruction of
the other Federal-aid systems in accordance with the first paragraph of
this subsection, in order to bring all of the Federal-aid systems up to
standards and to increase the safety of these systems to the maximum
extent.
(c) It is the sense of Congress that under existing law no part of
any sums authorized to be appropriated for expenditure upon any Federal-
aid system which has been apportioned pursuant to the provisions of this
title shall be impounded or withheld from obligation, for purposes and
projects as provided in this title, by any officer or employee in the
executive branch of the Federal Government, except such specific sums as
may be determined by the Secretary of the Treasury, after consultation
with the Secretary of Transportation, are necessary to be withheld from
obligation for specific periods of time to assure that sufficient
amounts will be available in the Highway Trust Fund to defray the
expenditures which will be required to be made from such fund.
(d) No funds authorized to be appropriated from the Highway Trust
Fund shall be expended by or on behalf of any Federal department,
agency, or instrumentality other than the Federal Highway Administration
unless funds for such expenditure are identified and included as a line
item in an appropriation Act and are to meet obligations of the United
States heretofore or hereafter incurred under this title attributable to
the construction of Federal-aid highways or highway planning, research,
or development, or as otherwise specifically authorized to be
appropriated from the Highway Trust Fund by Federal-aid highway
legislation.
(e) It is the national policy that to the maximum extent possible
the procedures to be utilized by the Secretary and all other affected
heads of Federal departments, agencies, and instrumentalities for
carrying out this title and any other provision of law relating to the
Federal highway programs shall encourage the substantial minimization of
paperwork and interagency decision procedures and the best use of
available manpower and funds so as to prevent needless duplication and
unnecessary delays at all levels of government.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 885; Pub. L. 86-70,
Sec. 21(e)(1), June 25, 1959, 73 Stat. 146; Pub. L. 86-624, Sec. 17(a),
July 12, 1960, 74 Stat. 415; Pub. L. 87-866, Sec. 6(a), Oct. 23, 1962,
76 Stat. 1147; Pub. L. 88-423, Sec. 3, Aug. 13, 1964, 78 Stat. 397; Pub.
L. 89-574, Sec. 4(a), Sept. 13, 1966, 80 Stat. 767; Pub. L. 90-495,
Secs. 4(a), 8, 15, Aug. 23, 1968, 82 Stat. 816, 819, 822; Pub. L. 91-
605, title I, Secs. 104(a), 106(a), 107, 117(d), 130, 141, Dec. 31,
1970, 84 Stat. 1714, 1716, 1718, 1724, 1732, 1737; Pub. L. 93-87, title
I, Secs. 105, 106(a), 107, 108, 152(1), Aug. 13, 1973, 87 Stat. 253-255,
276; Pub. L. 93-643, Sec. 102(b), Jan. 4, 1975, 88 Stat. 2281; Pub. L.
94-280, title I, Secs. 107(a), 108, May 5, 1976, 90 Stat. 430, 431; Pub.
L. 95-599, title I, Sec. 106, Nov. 6, 1978, 92 Stat. 2693; Pub. L. 97-
424, title I, Secs. 126(c), 159, Jan. 6, 1983, 96 Stat. 2115, 2135; Pub.
L. 100-17, title I, Secs. 102(b)(3), 108, 109, 133(b)(2), (3), Apr. 2,
1987, 101 Stat. 135, 146, 171; Pub. L. 101-427, Oct. 15, 1990, 104 Stat.
927; Pub. L. 102-240, title I, Secs. 1001(g), 1005, 1006(g)(1), 1007(c),
Dec. 18, 1991, 105 Stat. 1916, 1922, 1927, 1931; Pub. L. 104-59, title
III, Secs. 301(b), 311(b), Nov. 28, 1995, 109 Stat. 578, 583; Pub. L.
105-178, title I, Sec. 1201, June 9, 1998, 112 Stat. 164.)
References in Text
This Act, referred to in subsec. (b), is Pub. L. 85-767, Aug. 27,
1958, 72 Stat. 885, as amended, which revised, codified, and reenacted
this title. For complete classification of this Act to the Code, see
Tables.
Section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat.
374), referred to in subsec. (b), is section 108(b) of act June 29,
1956, ch. 462, 70 Stat. 378, which is set out below.
Amendments
1998--Subsec. (a). Pub. L. 105-178 inserted heading and amended text
of subsec. (a) generally, alphabetizing, numbering, and inserting
headings for terms defined, inserting definitions of ``maintenance
area'' and ``refuge road'', and substituting definition of ``State
transportation department'' for definition of ``State highway
department''.
1995--Subsec. (a). Pub. L. 104-59, Sec. 311(b), in first sentence of
definition of ``construction'', inserted ``bond costs and other costs
relating to the issuance in accordance with section 122 of bonds or
other debt financing instruments,'' after ``highway, including''.
Pub. L. 104-59, Sec. 301(b)(1), in definition of ``project'',
inserted before period at end ``or any other undertaking eligible for
assistance under this title''.
Pub. L. 104-59, Sec. 301(b)(2), added provision defining ``operating
costs for traffic monitoring, management, and control'' and struck out
former provision defining ``startup costs for traffic management and
control'' which read as follows: ``The term `startup costs for traffic
management and control' means initial costs (including labor costs,
administration costs, cost of utilities, and rent) for integrated
traffic control systems, incident management programs, and traffic
control centers.''
1991--Subsec. (a). Pub. L. 102-240, Sec. 1006(g)(1), added provision
defining ``Federal-aid highways'' and struck out former provision which
read as follows: ``The term `Federal-aid highways' means highways
located on one of the Federal-aid systems described in section 103 of
this title.''
Pub. L. 102-240, Sec. 1005(a), in definition of ``highway safety
improvement project'', inserted ``installs priority control systems for
emergency vehicles at signalized intersections'' after ``marking,''.
Pub. L. 102-240, Sec. 1005(d)(3), in definition of ``Indian
reservation roads'', struck out ``, including roads on the Federal-aid
systems,'' after ``public roads''.
Pub. L. 102-240, Sec. 1005(d)(4), in definition of ``park road'',
inserted ``, including a bridge built primarily for pedestrian use, but
with capacity for use by emergency vehicles'' before ``that is
located''.
Pub. L. 102-240, Sec. 1005(b), inserted provision defining
``urbanized area'' and struck out former provision which read as
follows: ``The term `urbanized area' means an area so designated by the
Bureau of the Census, within boundaries to be fixed by responsible State
and local officials in cooperation with each other, subject to approval
by the Secretary. Such boundaries shall, as a minimum, encompass the
entire urbanized area within a State as designated by the Bureau of the
Census.''
Pub. L. 102-240, Sec. 1005(c), inserted provision defining
``National Highway System'' and struck out former provision defining
``Federal-aid primary system'' which read as follows: ``The term
`Federal-aid primary system' means the Federal-aid highway system
described in subsection (b) of section 103 of this title.''
Pub. L. 102-240, Sec. 1005(d)(1), (2), struck out provisions
defining ``Federal-aid secondary system'' and ``Federal-aid urban
system'' which read as follows:
``The term `Federal-aid secondary system' means the Federal-aid
highway system described in subsection (c) of section 103 of this title.
``The term `Federal-aid urban system' means the Federal-aid highway
system described in subsection (d) of section 103 of this title.''
Pub. L. 102-240, Sec. 1005(e), in definition of ``Interstate
System'', inserted ``Dwight D. Eisenhower'' before ``National''.
Pub. L. 102-240, Sec. 1005(g), inserted provisions defining ``start-
up costs for traffic management and control'', ``carpool project'',
``public authority'' and ``public lands highway''.
Pub. L. 102-240, Sec. 1005(f), inserted provision defining
``operational improvement''.
Pub. L. 102-240, Sec. 1007(c), inserted provision defining
``transportation enhancement activities''.
Subsec. (b). Pub. L. 102-240, Sec. 1001(g), substituted ``forty''
for ``thirty-seven'' and ``1996'' for ``1993'' in second par.
1990--Subsec. (b). Pub. L. 101-427 substituted ``The Dwight D.
Eisenhower System of Interstate and Defense Highways'' for ``the
National System of Interstate and Defense Highways'' in first two pars.
1987--Subsec. (a). Pub. L. 100-17, Sec. 108, in definition of
``construction'', inserted ``elimination of roadside obstacles,'' after
``grade crossings,''.
Pub. L. 100-17, Sec. 133(b)(2), substituted definition of ``forest
road or trail'' for ``forest or trail''.
Pub. L. 100-17, Sec. 109, in definition of ``highway safety
improvement project'', inserted ``installs or replaces emergency
motorist-aid call boxes,'' after ``pavement marking,''.
Pub. L. 100-17, Sec. 133(b)(3), amended definition of ``park road''
generally. Prior to amendment, definition read as follows: ``The term
`park road' means a public road that is located within or provides
access to an area in the national park system.''
Subsec. (b). Pub. L. 100-17, Sec. 102(b)(3), substituted ``thirty-
seven years' '' for ``thirty-four years' '' and ``1993'' for ``1990'' in
second par.
1983--Subsec. (a). Pub. L. 97-424, Sec. 126(c)(1), substituted
provision that ``park road'' means a public road that is located within
or provides access to an area in the national park system, for provision
that ``park roads and trails'' means those roads or trails, including
the necessary bridges, located in national parks or monuments, now or
hereafter established, or in other areas administered by the National
Park Service of the Department of the Interior (excluding parkways
authorized by Acts of Congress) and also including approach roads to
national parks or monuments authorized by the Act of January 31, 1931
(46 Stat. 1053), as amended.
Pub. L. 97-424, Sec. 126(c)(2), substituted ``The term `Indian
reservation roads' means public roads, including roads'' for ``The term
`Indian reservation roads and bridges' means roads and bridges,
including roads and bridges'' before ``on the Federal-aid systems''.
Pub. L. 97-424, Sec. 126(c)(3), inserted provision defining
``Federal lands highways''.
Pub. L. 97-424, Sec. 159, in definition of ``construction'',
inserted provision that it also includes costs incurred by the State in
performing Federal-aid project related audits which directly benefit the
Federal-aid highway program.
1978--Subsec. (a). Pub. L. 95-599, Sec. 106(a), in definition of
``construction'' inserted provision relating to capital improvements.
Pub. L. 95-599, Sec. 106(b)(1), in definition of ``forest road or
trail'', inserted provisions requiring contingency or service to the
National Forest System and necessity for the protection, administration,
and utilization thereof.
Pub. L. 95-599, Sec. 106(b)(2), defined ``forest development roads
or trails'' in terms of a forest road or trail under the jurisdiction of
the Forest Service rather than in terms of a forest road or trail of
primary importance for the protection, administration, and utilization
of the national forest or other areas under the jurisdiction of the
Forest Service.
Pub. L. 95-599, Sec. 106(b)(3), defined ``forest highway'' in terms
of a forest road under the jurisdiction of, and maintained by, a public
authority and open to public travel rather than in terms of a forest
road which is of primary importance to the States, counties, or
communities contingent to national forests and which is a Federal-aid
system.
Pub. L. 95-599, Sec. 106(b)(4), inserted definition of ``highway
safety improvement project''.
1976--Subsec. (a). Pub. L. 94-280, Sec. 108, defined
``construction'' to include resurfacing, restoration, and rehabilitation
and ``urban area'' to exclude cities in the States of Maine and New
Hampshire and inserted definition of ``public road''.
Subsec. (b). Pub. L. 94-280, Sec. 107(a), substituted provision for
completion of the Interstate System over a thirty-four year period,
through the fiscal year ending September 30, 1990, for a prior provision
for such completion over a twenty-three period, through the fiscal year
ending June 30, 1979.
1975--Subsec. (a). Pub. L. 93-643 defined ``Indian reservation roads
and bridges'' to include roads and bridges on the Federal-aid systems.
1973--Subsec. (a). Pub. L. 93-87, Sec. 105(1), in definition of
``construction'', substituted ``National Oceanic and Atmospheric
Administration'' for ``Coast and Geodetic Survey'' and extended
definition to include improvements which directly facilitate and control
traffic flow, such as grade separation of intersections, widening of
lanes, channelization of traffic, traffic control systems, and passenger
loading and unloading areas.
Pub. L. 93-87, Sec. 105(3), in definition of ``Indian reservation
roads and bridges'', substituted ``approval of the Federal Government,
or Indian and Alaska Native villages, groups, or communities in which
Indians and Alaskan Natives reside, whom the Secretary of the Interior
has determined are eligible for services generally available to Indians
under Federal laws specifically applicable to Indians'' for ``approval
of the Federal Government on which Indians reside whom the Secretary of
the Interior has determined to be eligible for services generally
available to Indians under Federal laws specifically applicable to
Indians''.
Pub. L. 93-87, Sec. 152(1), in definition of ``Secretary'',
substituted ``Secretary of Transportation'' for ``Secretary of
Commerce''.
Pub. L. 93-87, Sec. 105(4), in definition of ``urbanized area'',
provided for boundaries of the ``urbanized area'' to be fixed by
responsible State and local officials in cooperation with each other,
subject to approval by the Secretary, and required such boundaries, as a
minimum, to encompass the entire urbanized area within a State as
designated by the Bureau of the Census.
Pub. L. 93-87, Sec. 105(2), in definition of ``urban area'',
substituted ``an urbanized area or, in the case of an urbanized area
encompassing more than one State, that part of the urbanized area in
each such State, or an urban place as designated by the Bureau of the
Census having a population of five thousand or more and not within any
urbanized area, within boundaries to be fixed by responsible State and
local officials in cooperation with each other, subject to approval by
the Secretary'' for ``an area including and adjacent to a municipality
or other urban place having a population of five thousand or more, as
determined by the latest available Federal census, within boundaries to
be fixed by a State highway department subject to the approval of the
Secretary'', and required such boundaries, as a minimum, to encompass
the entire urban place designated by the Bureau of the Census.
Subsec. (b). Pub. L. 93-87, Secs. 106(a), 107, extended time for
completion of the National System of Interstate and Defense Highways,
substituting in second par. ``twenty-three years'' and ``June 30, 1979''
for ``twenty years'' and ``June 30, 1976'', and inserted third par.
declaratory of national policy, since the Interstate System is now in
the final phase of completion, that increased emphasis be placed on the
construction and reconstruction of the other Federal-aid systems in
accordance with the first par. of subsec. (b), in order to bring all of
the Federal-aid systems up to standards and to increase the safety of
these systems to the maximum extent.
Subsec. (e). Pub. L. 93-87, Sec. 108, added subsec. (e).
1970--Subsec. (a). Pub. L. 91-605, Secs. 106(a), 117(d), 130, 141,
inserted definitions of ``urbanized area'' and ``Federal-aid urban
system'', substituted ``subsection (e)'' for ``subsection (d)'' in
definition of ``Interstate System'', included within the costs of
construction, under the definition of ``construction'', relocation
assistance, acquisition of replacement housing sites, acquisition, and
rehabilitation, relocation, and construction of replacement housing, and
substituted ``acquisition'' for ``costs'' of rights-of-way, broadened
definition of ``Indian reservation roads and bridges'' to include roads
and bridges on State controlled Indian reservations, trust lands, and
restricted Indian lands, a well as roads and bridges on such lands under
Federal control, and inserted in definitions of ``forest highway'' and
``public lands highways'' provisions to ensure that these highways be on
the Federal-aid systems.
Subsec. (b). Pub. L. 91-605, Sec. 104(a), substituted ``twenty
years'' for ``eighteen years'' and ``June 30, 1976'' for ``June 30,
1974''.
Subsec. (c). Pub. L. 91-605, Sec. 107, substituted ``any officer or
employee in the executive branch of the Federal Government'' for ``any
officer or employee of any department, agency, or instrumentality of the
executive branch of the Federal Government'' and ``Highway Trust Fund''
for ``highway trust fund''.
Subsec. (d). Pub. L. 91-605, Sec. 107, substituted provisions
prohibiting expenditure of funds from the Highway Trust Fund by any
department other than the Federal Highway Administration unless these
funds are identified and included as a line item in an appropriation Act
and are to meet obligations incurred under this title attributable to
the construction of Federal aid highways or for planning, research, or
development, or as otherwise specifically authorized to be appropriated
from the Highway Trust Fund by Federal-aid highway legislation for
provisions expressing essentially the same prohibitions but permitting
expenditures to meet obligations incurred under this title attributable
to Federal-aid highways, and contracted for in accordance with the Act
of March 4, 1915, as amended [section 686 of Title 31, Money and
Finance], relating to work or services not usually performed by the
Federal Highway Administration, or relating to the furnishing of
materials, supplies or equipment, and expenditures specifically
identified in the budget and included in an appropriation Act.
1968--Subsec. (a). Pub. L. 90-495, Sec. 8, inserted ``and other
areas administered by the Forest Service'' after ``national forests''
and ``national forest'' in definitions of ``forest road or trail'' and
``forest development roads and trails''.
Subsec. (b). Pub. L. 90-495, Sec. 4(a), substituted a reference to
``eighteen years' appropriation'' for reference to ``sixteen years'
appropriation'' and substituted ``June 30, 1974'' for ``June 30, 1972''.
Subsecs. (c), (d). Pub. L. 90-495, Sec. 15, added subsecs. (c) and
(d).
1966--Subsec. (b). Pub. L. 89-574 substituted a reference to
``sixteen years' appropriation'' for reference to ``fifteen years'
appropriation'' and substituted ``June 30, 1972'' for ``June 30, 1971''.
1964--Subsec. (b). Pub. L. 88-423 substituted ``fifteen years'' for
``thirteen years'' and ``June 30, 1971'' for ``June 30, 1969''.
1962--Subsec. (a). Pub. L. 87-866 inserted definition of ``public
lands development roads and trails''.
1960--Subsec. (a). Pub. L. 86-624 substituted ``fifty States, the
District of Columbia, or Puerto Rico'' for ``forty-nine States, the
District of Columbia, Hawaii, or Puerto Rico'' in definition of
``State''.
1959--Subsec. (a). Pub. L. 86-70 substituted ``forty-nine States,
the District of Columbia, Hawaii'' for ``forty-eight States, the
District of Columbia, Hawaii, Alaska'' in definition of ``State''.
Effective Date of 1998 Amendment
Pub. L. 105-206, title IX, Sec. 9016, July 22, 1998, 112 Stat. 868,
provided that: ``This title [see Tables for classification] and the
amendments made by this title shall take effect simultaneously with the
enactment of the Transportation Equity Act for the 21st Century [Pub. L.
105-178]. For purposes of all Federal laws, the amendments made by this
title shall be treated as being included in the Transportation Equity
Act for the 21st Century at the time of the enactment of such Act [June
9, 1998], and the provisions of such Act (including the amendments made
by such Act) (as in effect on the day before the date of enactment of
this Act [July 22, 1998]) that are amended by this title shall be
treated as not being enacted.''
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable
to funds authorized to be appropriated or made available after Sept. 30,
1991, and, with certain exceptions, not applicable to funds appropriated
or made available on or before Sept. 30, 1991, see section 1100 of Pub.
L. 102-240, set out as a note under section 104 of this title.
Effective Date of 1970 Amendment
Section 147 of Pub. L. 91-605 provided that: ``The amendments made
by section 117 [enacting section 510 of this title, amending this
section, and renumbering sections 511 and 512 of this title], 120
[amending provisions set out as a note under section 502 of this title],
and 137 of this Act [amending section 506 of this title] shall not take
effect if before the effective date of this Act [Dec. 31, 1970] the
Uniform Relocation Assistance and Land Acquisition Policies Act of 1970
has been enacted into law.'' The Uniform Relocation Assistance and Land
Acquisition Policies Act of 1970, enacted as Pub. L. 91-646, 84 Stat.
1894, was approved Jan. 2, 1971, whereas this Act (Title I of Pub. L.
91-605) was approved Dec. 31, 1970, therefore the amendments made by
sections 117, 120, and 137 of Title I of Pub. L. 91-605 took effect.
Effective Date of 1968 Amendment
Section 37 of Pub. L. 90-495, as amended by Pub. L. 91-605, title I,
Sec. 120, Dec. 31, 1970, 84 Stat. 1725, provided that:
``(a) Except as otherwise provided in subsection (b) of this
section, this Act and the amendments made by this Act [enacting sections
135, 139, 140, 141, and 501 to 511 of this title, amending this section,
sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131,
135, 136, 138, 205, 319, and 402 of this title, section 636 of Title 15,
Commerce and Trade, and section 1653 of former Title 49, Transportation,
repealing section 133 of this title, enacting provisions set out as
notes under this section and sections 104, 108, 125, 134, 501, 502, and
510 of this title] shall take effect on the date of its enactment [Aug.
23, 1968], except that until July 1, 1970, sections 502, 505, 506, 507,
and 508 of title 23, United States Code, as added by this Act, shall be
applicable to a State only to the extent that such State is able under
its laws to comply with such sections. Except as otherwise provided in
subsection (b) of this section, after July 1, 1970, such sections shall
be completely applicable to all States. Section 133 of title 23, United
States Code, shall not apply to any State if sections 502, 505, 506,
507, and 508 of title 23, United States Code, are applicable in that
State, and effective July 1, 1970, such section 133 is repealed.
``(b) In the case of any State (1) which is required to amend its
constitution to comply with sections 502, 505, 506, 507, and 508 of
title 23, United States Code, and (2) which cannot submit the required
constitutional amendment for ratification prior to July 1, 1970, the
date of July 1, 1970, contained in subsection (a) of this section shall
be extended to July 1, 1972.''
Effective Date of 1959 Amendment
Section 21(e) of Pub. L. 86-70 provided that the amendments made by
that section (amending this section and sections 104, 116, and 120 of
this title) are effective July 1, 1959.
Short Title of 1998 Amendments
Pub. L. 105-206, title IX, Sec. 9001, July 22, 1998, 112 Stat. 834,
provided that: ``This title [see Tables for classification] may be cited
as the `TEA 21 Restoration Act'.''
Pub. L. 105-178, Sec. 1(a), June 9, 1998, 112 Stat. 107, provided
that: ``This Act [see Tables for classification] may be cited as the
`Transportation Equity Act for the 21st Century'.''
Pub. L. 105-178, title I, Sec. 1501, June 9, 1998, 112 Stat. 241,
provided that: ``This chapter [chapter 1 (Secs. 1501-1504) of subtitle E
of title I of Pub. L. 105-178, enacting subchapter II of this chapter,
amending section 301 of Title 49, Transportation, and enacting
provisions set out as a note under section 181 of this title] may be
cited as the `Transportation Infrastructure Finance and Innovation Act
of 1998'.''
Short Title of 1997 Amendment
Pub. L. 105-130, Sec. 1, Dec. 1, 1997, 111 Stat. 2552, provided
that: ``This Act [amending sections 104, 321, 326, and 410 of this
title, sections 9503, 9504, and 9511 of Title 26, Internal Revenue Code,
and sections 111, 5309, 5337, 5338, 30308, and 31104 of Title 49,
Transportation, enacting provisions set out as notes under section 104
of this title and section 9503 of Title 26, and amending provisions set
out as notes under this section and section 307 of this title] may be
cited as the `Surface Transportation Extension Act of 1997'.''
Short Title of 1995 Amendment
Section 1(a) of Pub. L. 104-59 provided that: ``This Act [enacting
section 161 of this title, amending this section, sections 103, 104,
106, 109, 111, 112, 115, 116, 120, 122, 127, 129, 130, 131, 133, 134,
141, 144, 149, 152, 153, 217, 303, 306, 307, 323, 409, and 410 of this
title, sections 1261 and 1262 of Title 16, Conservation, sections 7506
and 12186 of Title 42, The Public Health and Welfare, and sections 5316,
5331, 20140, 30308, 31112, 31136, 31306, and 45102 of Title 49,
Transportation, repealing section 154 of this title, enacting provisions
set out as notes preceding section 101 of this title and under this
section, sections 104, 109, 130, 141, 153, 154, 307, 309, 401, and 408
of this title, section 403 of Title 16, section 7511a of Title 42, and
section 31136 of Title 49, amending provisions set out as notes under
this section and sections 104, 109, 127, 149, and 307 of this title, and
repealing provisions set out as notes preceding section 101 of this
title and under section 112 of this title] may be cited as the `National
Highway System Designation Act of 1995'.''
Short Title of 1987 Amendment
Section 1(a) of Pub. L. 100-17 provided that: ``This Act [enacting
sections 151, 156, and 409 of this title, section 508 of Title 33,
Navigation and Navigable Waters, section 4604 of Title 42, The Public
Health and Welfare, and sections 1607a-2, 1619, 1620, and 1621 of former
Title 49, Transportation, amending this section, sections 103, 104, 106,
109, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121, 122, 123, 125,
127, 129, 130, 138, 140, 144, 152, 154, 157, 204, 210, 215, 217, 307,
315, 319, 321, 323, 401, 402, and 408 of this title, section 460l-11 of
Title 16, Conservation, section 1761 of Title 18, Crimes and Criminal
Procedure, sections 4041, 4051, 4052, 4071, 4081, 4221, 4481, 4482,
4483, 6156, 6412, 6420, 6421, 6427, and 9503 of Title 26, Internal
Revenue Code, sections 494 and 1414 of Title 33, sections 4601, 4621,
4622, 4623, 4624, 4625, 4626, 4630, 4631, 4633, 4636, 4638, 4651, and
4655 of Title 42, sections 303 and 10922 of Title 49, and sections 1602,
1603, 1604, 1607, 1607a, 1607a-1, 1607c, 1608, 1612, 1613, 1614, 1617,
1655, 2311, 2314, and 2716 of former Title 49, repealing sections 211,
213, 219, and 322 of this title, sections 498a, 498b, 503 to 507, 526,
526a, 529, and 535d of Title 33, and sections 4634 and 4637 of Title 42,
enacting provisions set out as notes under this section, sections 103,
104, 116, 120, 125, 127, 130, 144, 202, 307, 401, and 402 of this title,
sections 1, 4052, and 4481 of Title 26, section 4601 of Title 42,
section 10922 of Title 49, and sections 1601, 1602, 1608, and 2204 of
former Title 49, amending provisions set out as notes under this section
and sections 103, 104, 130, 141, 144, 146, and 401 of this title, and
repealing provisions set out as notes under sections 114, 130, and 217
of this title and section 526a of Title 33] may be cited as the `Surface
Transportation and Uniform Relocation Assistance Act of 1987'.''
Section 101 of title I of Pub. L. 100-17 provided that: ``This title
[enacting sections 151, 156, and 409 of this title and section 508 of
Title 33, Navigation and Navigable Waters, amending this section,
sections 103, 104, 106, 109, 111, 112, 113, 114, 115, 116, 118, 119,
120, 121, 122, 123, 125, 127, 129, 130, 138, 140, 144, 152, 154, 157,
204, 210, 215, 217, 307, 315, 319, 321, 323, 401, and 402 of this title,
section 1761 of Title 18, Crimes and Criminal Procedure, sections 494
and 1414 of Title 33, section 303 of Title 49, Transportation, and
sections 1655, 2311, and 2716 of former Title 49, repealing sections
211, 213, 219, and 322 of this title and sections 498a, 498b, 503 to
507, 526, 526a, 529, and 535d of Title 33, enacting provisions set out
as notes under this section and sections 103, 104, 116, 120, 125, 127,
130, 144, 202, 307, and 402 of this title, amending provisions set out
as notes under this section and sections 103, 104, 130, 141, 144, and
146 of this title, and repealing provisions set out as notes under
sections 114, 130, and 217 of this title and section 526a of Title 33]
may be cited as the `Federal-Aid Highway Act of 1987'.''
Short Title of 1983 Amendments
Section 1 of Pub. L. 97-424 provided: ``That this Act [enacting
section 157 of this title, sections 4051 to 4053 and 9503 of Title 26,
Internal Revenue Code, and sections 1601c, 1607a, 1607a-1, 1617, 1618,
and 2301 to 2315 of former Title 49, Transportation, amending section
713c-3 of Title 15, Commerce and Trade, sections 460l-11 and 1606a of
Title 16, Conservation, sections 101, 101 notes, 103, 103 note, 105,
109, 112, 113, 114, 115, 116, 118, 119, 120, 122, 125, 127, 130 notes,
137, 139, 140, 141, 142, 144, 150, 152, 201, 202, 203, 204, 210, 214,
217, 218, 307, 307 note, 401 note, and 402 of this title, sections 39,
44E, 46, 48, 103, 165 note, 167, 168, 274, 851, 852, 874, 882, 3304
note, 3454, 4041, 4061, 4063, 4071, 4081, 4101, 4102, 4221, 4222, 4481,
4482, 4483, 6049, 6156, 6201, 6206, 6362, 6412, 6416, 6420, 6421, 6427,
6504, 6675, 7210, 7603, 7604, 7605, 7609, 7610, and 9502 of Title 26,
section 1414 of Title 33, Navigation and Navigable Waters, sections 602
and 1382a of Title 42, The Public Health and Welfare, sections 1474,
1475, and 1479 of former Title 46, Shipping, section 1273 of Title 46,
Appendix, sections 10927 note, 11909 and 11914 of Title 49, and sections
1602, 1603, 1604, 1607c, 1608, 1611, 1612, 1614, 2204, 2205, 2206 of
former Title 49, repealing sections 101 notes, 104 note, and 206 to 209
of this title, sections 120 note, 4091 to 4094, and 6424 of Title 26,
and sections 1602 note, 1604a, 1617, and 1618 of former Title 49, and
enacting provisions set out as notes under this section, sections 103,
104, 105, 109, 111, 119, 120, 125, 144, 146, 154, 307, 401, and 408 of
this title, section 713c-3 of Title 15, sections 1, 39, 46, 165, 274,
3304, 4041, 4051, 4061, 4071, 4081, 4481, 6012, 6427, and 9503 of Title
26, section 602 of Title 42, and sections 1601, 1612, and 2315 of former
Title 49] may be cited as the `Surface Transportation Assistance Act of
1982'.''
Section 101 of title I of Pub. L. 97-424 provided that: ``This title
[enacting section 157 of this title, amending this section and sections
103, 105, 109, 112, 113, 114, 115, 116, 118, 119, 120, 122, 125, 127,
137, 139, 140, 142, 144, 150, 152, 201, 202, 203, 204, 210, 214, 217,
218, and 307 of this title, repealing sections 101 notes, 104 note, and
206 to 209 of this title, and enacting provisions set out as notes under
this section, sections 103, 104, 105, 109, 111, 119, 120, 125, 144, and
146 of this title, and section 2315 of former Title 49, Transportation]
may be cited as the `Highway Improvement Act of 1982'.''
Section 1 of Pub. L. 97-327, Oct. 15, 1982, 96 Stat. 1611, provided:
``That this Act [amending section 144 of this title, provisions set out
as notes under this section and section 130 of this title, and enacting
provisions set out as notes under section 104 of this title] may be
cited as the `Federal-Aid Highway Act of 1982'.''
Short Title of 1981 Amendment
Pub. L. 97-134, Sec. 13, Dec. 29, 1981, 95 Stat. 1703, provided
that: ``This Act [amending sections 104, 119, and 139 of this title and
enacting provisions set out as notes under this section and section 104
of this title] may be cited as the `Federal-Aid Highway Act of 1981'.''
Short Title of 1978 Amendment
Section 1 of Pub. L. 95-599 provided: ``That this Act [enacting
sections 119, 146, and 407 of this title, and sections 1602-1, 1607,
1614, 1615, 1616, 1617 and 1618 of former Title 49, Transportation,
amending this section, sections 103, 104, 105, 109, 111, 116, 118, 120,
122, 124, 125, 129, 131, 134, 141, 144, 148, 151, 152, 154, 155, 215,
217, 219, 320, 402, and 406 of this title, section 1418 of Title 15,
Commerce and Trade, section 460l-11 of Title 16, Conservation, sections
39, 4041, 4061, 4071, 4081, 4481, 4482, 6156, 6412, 6421, 6427, 7210,
7603, 7604, 7605, 7609, and 7610 of Title 26, Internal Revenue Code,
section 201 of former Title 40, Appendix, Public Buildings, Property,
and Works, sections 303, 1602, 1603, 1604, 1607b, 1607c, 1608, 1611,
1612, and 1613 of former Title 49, repealing section 153 of this title
and sections 1607, 1607a, and 1614 of former Title 49, and enacting
provisions set out as notes under this section, sections 103, 104, 109,
111, 120, 122, 124, 129, 130, 134, 135, 141, 142, 144, 146, 215, 217,
307, 320, 401, 402, and 403 of this title, section 6427 of Title 26,
section 201 of former Title 40, Appendix, section 5904 of Title 42, The
Public Health and Welfare, section 883 of Title 46, Appendix, Shipping,
and sections 1601, 1602, 1604, 1605, 1612, and 1653 of former Title 49]
may be cited as the `Surface Transportation Assistance Act of 1978'.''
Section 101 of title I of Pub. L. 95-599 provided that: ``This title
[enacting sections 119 and 146 of this title, amending this section,
sections 103, 104, 105, 109, 111, 116, 118, 120, 122, 124, 125, 129,
131, 134, 141, 144, 148, 151, 152, 155, 203, 215, 217, 219, 320, and 406
of this title, and section 201 of former Title 40, Appendix, Public
Buildings, Property and Works, repealing section 153 of this title and
provisions set out as notes under this section and section 1605 of Title
42, The Public Health and Welfare, and enacting provisions set out as
notes under this section, sections 103, 104, 109, 111, 120, 122, 124,
129, 130, 134, 135, 141, 142, 144, 146, 217, 307, and 320 of this title,
section 201 of former Title 40, Appendix, section 5904 of Title 42,
section 883 of Title 46, Appendix, Shipping, and section 1653 of former
Title 49, Transportation] may be cited as the `Federal-Aid Highway Act
of 1978'.''
Section 501 of Pub. L. 95-599 provided that: ``This title [amending
section 4601-11 of Title 16, Conservation, sections 39, 4041, 4061,
4071, 4081, 4481, 4482, 6156, 6412, 6421, 6427, 7210, 7603, 7604, and
7605 of Title 26, Internal Revenue Code, and enacting provisions set out
as notes under sections 120 and 307 of this title and section 6427 of
Title 26] may be cited as the `Highway Revenue Act of 1978'.''
Short Title of 1976 Amendment
Pub. L. 94-280, title I, Sec. 101, May 5, 1976, 90 Stat. 425,
provided that: ``This title [enacting section 156 of this title,
amending this section and sections 103, 104, 106, 108, 117, 118, 121,
125, 127, 129, 131, 135, 138 to 140, 142, 147, 152, 153, 202, 203, 217,
219, 319, and 320 of this title, repealing sections 146 and 405 of this
title, enacting provisions set out as notes under this section, sections
103, 104, 124, 134, 135, 215, 218, 319, and 320 of this title, and
section 1605 of former Title 49, Transportation, and amending provisions
set out as notes under this section, sections 120, 130, and 142 of this
title, and section 1605 of former Title 49] may be cited as the
`Federal-Aid Highway Act of 1976'.''
Short Title of 1974 Amendment
Pub. L. 93-643, Sec. 1, Jan. 4, 1975, 88 Stat. 2281, provided:
``That this Act [enacting sections 141, 154, 155, 219, and 406, amending
this section and sections 103, 115, 127, 129, 131, 136, 144, 208, 320,
322, 323, and 405, enacting provisions set out as notes under this
section, sections 142, 217, and 320, amending provisions set out as
notes under this section and sections 130 and 142, and repealing
provisions set out as a note under this section] may be cited as the
`Federal-Aid Highway Amendments of 1974'.''
Short Title of 1973 Amendment
Pub. L. 93-87, title I, Sec. 101, Aug. 13, 1973, 87 Stat. 250,
provided that: ``This title [enacting sections 145 to 150, 217, 218,
323, and 324 of this title and section 1602a of former Title 49,
Transportation, amending this section and sections 103 to 105, 108, 109,
114, 117, 121, 126, 129, 135, 140, 142, 143, 149, 207, 303, 307 to 310,
312, 314, and 320 of this title, and enacting provisions set out as
notes under this section, sections 103, 104, 120, 130, 142, 218, 307,
319, and 320 of this title, and sections 1608 and 1637 of former Title
49] may be cited as the `Federal-Aid Highway Act of 1973'.''
Short Title of 1970 Amendment
Pub. L. 91-605, title I, Sec. 101, Dec. 31, 1970, 84 Stat. 1713,
provided that: ``This title [enacting sections 142, 143, 215, 216, 321,
and 510 of this title, amending this section and sections 103, 104, 105,
106, 109, 120, 125, 128, 129, 131, 134, 135, 136, 139, 140, 303, 307,
320, 506, 511, 512 of this title and section 517 of Title 33, Navigation
and Navigable Waters, and enacting provisions set out as notes under
this section and sections 104, 120, 129, 131, 134, 215, 216, 303, 307,
320, and 510 of this title] may be cited as the `Federal-Aid Highway Act
of 1970'.''
Short Title of 1968 Amendment
Pub. L. 90-495, Sec. 1, Aug. 23, 1968, 82 Stat. 815, provided that:
``This Act [enacting sections 135, 139, 140, and 141 of this title,
amending this section, sections 103, 104, 108, 112, 113, 115, 116, 120,
125, 128, 129, 131, 135, 136, 138, 205, 319, 402, and 501 to 512 of this
title, section 636 of Title 15, Commerce and Trade, section 1653 of
former Title 49, Transportation, and provisions set out as a note under
this section, repealing section 133 of this title and enacting
provisions formerly set out as notes under this section and sections
104, 108, 125, 134, 501, 502, and 510 of this title] may be cited as the
`Federal-Aid Highway Act of 1968'.''
Short Title of 1966 Amendment
Pub. L. 89-574, Sec. 1, Sept. 13, 1966, 80 Stat. 766, provided that:
``This Act [enacting sections 120 and 138 of this title, amending this
section and sections 104, 109, 118, 120, 125, 131, 136, 302, and 319 of
this title, and enacting provisions set out as notes under this section
and sections 106, 108, 125, 133, and 137 of this title] may be cited as
the `Federal-Aid Highway Act of 1966'.''
Short Title of 1965 Amendment
Pub. L. 89-285, Sec. 403, Oct. 22, 1965, 79 Stat. 1033, provided
that: ``This Act [enacting sections 136 of this title and provisions set
out as notes under sections 131 and 135 of this title and amending
sections 131 and 319 of this title] may be cited as the `Highway
Beautification Act of 1965'.''
Short Title of 1964 Amendment
Pub. L. 88-423 Sec. 1, Aug. 13, 1964, 78 Stat. 397, provided that:
``This Act [amending this section and sections 104, 205, 209, and 320 of
this title] may be cited as the `Federal-Aid Highway Act of 1964'.''
Short Title of 1963 Amendment
Pub. L. 88-157, Sec. 1, Oct. 24, 1963, 77 Stat. 276, provided:
``That this Act [amending sections 104, 106, 109, 121, 131, and 307 of
this title] may be cited as the `Federal-Aid Highway Amendments Act of
1963'.''
Short Title of 1962 Amendment
Pub. L. 87-866, Sec. 1, Oct. 23, 1962, 76 Stat. 1145, provided that:
``This Act [enacting sections 133, 134 and 214 of this title, amending
this section and sections 103, 104, 203, and 307 of this title, and
enacting provisions set out as a note under section 307 of this title]
may be cited as the `Federal-Aid Highway Act of 1962'.''
Short Title of 1961 Amendment
Pub. L. 87-61, title I, Sec. 101, June 29, 1961, 75 Stat. 122,
provided that: ``This Act [enacting section 6156 of Title 26, Internal
Revenue Code, amending sections 111, 131 and 210 of this title and
sections 4041, 4061, 4071, 4081, 4218, 4221, 4226, 4481, 4482, 6412,
6416, 6421, and 6601 of Title 26, enacting provisions set out as notes
under this section and section 104 of this title and under section 4041
of Title 26, and amending provisions set out as notes under this section
and section 120 of this title] may be cited as the `Federal-Aid Highway
Act of 1961'.''
Short Title of 1960 Amendment
Pub. L. 86-657, Sec. 1, July 14, 1960, 74 Stat. 522, provided that:
``This Act [enacting section 132 of this title and amending sections
104, 114, 120, 129, 203, 205, 210, and 305 of this title] may be cited
as the `Federal Highway Act of 1960'.''
Short Title of 1959 Amendment
Pub. L. 86-342, title I, Sec. 101, Sept. 21, 1959, 73 Stat. 611,
provided that: ``This Act [amending sections 125, 131, 137, and 320 of
this title, and sections 4041, 4081, 4082, 4226, 6412, 6416, and 6421 of
Title 26, Internal Revenue Code, enacting notes set out under section
307 of this title and section 4082 of Title 26, and amending notes set
out under this section and sections 104 and 120 of this title] may be
cited as the `Federal-Aid Highway Act of 1959'.''
Separability
Section 36 of Pub. L. 90-495 provided that: ``If any provision of
this Act (including the amendments made by this Act) [enacting sections
135, 139, 140, 141, and 501-511 of this title, amending this section,
sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131,
135, 136, 138, 205, 319, and 402 of this title, section 636 of Title 15,
Commerce and Trade, section 1653 of former Title 49, Transportation, and
provisions set out as a note under this section, repealing section 133
of this title, and enacting provisions set out as notes under this
section and sections 104, 108, 125, 134, 501, 502, and 510 of this
title] or the application thereof to any person or circumstance is held
invalid, the remainder of this Act and the application of the provision
to other persons or circumstances shall not be affected thereby.''
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of Title 8, Aliens and Nationality.
Transfer of Functions
Functions, powers, and duties of Secretary of Commerce and other
officers and offices of Department of Commerce under this title and
under specific related laws and parts of laws set out in the notes in
this title relating generally to highways and highway and traffic safety
transferred to and vested in Secretary of Transportation by Pub. L. 89-
670, Oct. 15, 1966, 80 Stat. 931, which created Department of
Transportation. See section 102 of Title 49, Transportation, and Pub. L.
97-449, Sec. 2, Jan. 12, 1983, 96 Stat. 2439.
National Corridor Planning and Development Program
Pub. L. 105-178, title I, Sec. 1118, June 9, 1998, 112 Stat. 161,
provided that:
``(a) In General.--The Secretary shall establish and implement a
program to make allocations to States and metropolitan planning
organizations for coordinated planning, design, and construction of
corridors of national significance, economic growth, and international
or interregional trade. A State or metropolitan planning organization
may apply to the Secretary for allocations under this section.
``(b) Eligibility of Corridors.--The Secretary may make allocations
under this section with respect to--
``(1) high priority corridors identified in section 1105(c) of
the Intermodal Surface Transportation Efficiency Act of 1991 [Pub.
L. 102-240, 105 Stat. 2032]; and
``(2) any other significant regional or multistate highway
corridor not described in whole or in part in paragraph (1) selected
by the Secretary after consideration of--
``(A) the extent to which the annual volume of commercial
vehicle traffic at the border stations or ports of entry of each
State--
``(i) has increased since the date of enactment of the
North American Free Trade Agreement Implementation Act
(Public Law 103-182 [Dec. 8, 1993]); and
``(ii) is projected to increase in the future;
``(B) the extent to which commercial vehicle traffic in each
State--
``(i) has increased since the date of enactment of the
North American Free Trade Agreement Implementation Act
(Public Law 103-182); and
``(ii) is projected to increase in the future;
``(C) the extent to which international truck-borne
commodities move through each State;
``(D) the reduction in commercial and other travel time
through a major international gateway or affected port of entry
expected as a result of the proposed project including the level
of traffic delays at at-grade highway crossings of major rail
lines in trade corridors;
``(E) the extent of leveraging of Federal funds provided
under this subsection, including--
``(i) use of innovative financing;
``(ii) combination with funding provided under other
sections of this Act [see Tables for classification] and
title 23, United States Code; and
``(iii) combination with other sources of Federal,
State, local, or private funding including State, local, and
private matching funds;
``(F) the value of the cargo carried by commercial vehicle
traffic, to the extent that the value of the cargo and
congestion impose economic costs on the Nation's economy; and
``(G) encourage or facilitate major multistate or regional
mobility and economic growth and development in areas
underserved by existing highway infrastructure.
``(c) Purposes.--Allocations may be made under this section for 1 or
more of the following purposes:
``(1) Feasibility studies.
``(2) Comprehensive corridor planning and design activities.
``(3) Location and routing studies.
``(4) Multistate and intrastate coordination for corridors
described in subsection (b).
``(5) After review by the Secretary of a development and
management plan for the corridor or a usable component thereof under
subsection (b)--
``(A) environmental review; and
``(B) construction.
``(d) Corridor Development and Management Plan.--A State or
metropolitan planning organization receiving an allocation under this
section shall develop, and submit to the Secretary for review, a
development and management plan for the corridor or a usable component
thereof with respect to which the allocation is being made. Such plan
shall include, at a minimum, the following elements:
``(1) A complete and comprehensive analysis of corridor costs
and benefits.
``(2) A coordinated corridor development plan and schedule,
including a timetable for completion of all planning and development
activities, environmental reviews and permits, and construction of
all segments.
``(3) A finance plan, including any innovative financing methods
and, if the corridor is a multistate corridor, a State-by-State
breakdown of corridor finances.
``(4) The results of any environmental reviews and mitigation
plans.
``(5) The identification of any impediments to the development
and construction of the corridor, including any environmental,
social, political and economic objections.
In the case of a multistate corridor, the Secretary shall encourage all
States having jurisdiction over any portion of such corridor to
participate in the development of such plan.
``(e) Applicability of Title 23.--Funds made available by section
1101 of this Act [set out in part as a note below] to carry out this
section and section 1119 [set out below] shall be available for
obligation in the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code.
``(f) Coordination of Planning.--Planning with respect to a corridor
under this section shall be coordinated with transportation planning
being carried out by the States and metropolitan planning organizations
along the corridor and, to the extent appropriate, with transportation
planning being carried out by Federal land management agencies, by
tribal governments, or by government agencies in Mexico or Canada.
``(g) State Defined.--In this section, the term `State' has the
meaning such term has under section 101 of title 23, United States
Code.''
Coordinated Border Infrastructure Program
Pub. L. 105-178, title I, Sec. 1119, June 9, 1998, 112 Stat. 163,
provided that:
``(a) General Authority.--The Secretary shall establish and
implement a coordinated border infrastructure program under which the
Secretary may make allocations to border States and metropolitan
planning organizations for areas within the boundaries of 1 or more
border States for projects to improve the safe movement of people and
goods at or across the border between the United States and Canada and
the border between the United States and Mexico.
``(b) Eligible Uses.--Allocations to States and metropolitan
planning organizations under this section may only be used in a border
region for--
``(1) improvements to existing transportation and supporting
infrastructure that facilitate cross-border vehicle and cargo
movements;
``(2) construction of highways and related safety and safety
enforcement facilities that will facilitate vehicle and cargo
movements related to international trade;
``(3) operational improvements, including improvements relating
to electronic data interchange and use of telecommunications, to
expedite cross border vehicle and cargo movement;
``(4) modifications to regulatory procedures to expedite cross
border vehicle and cargo movements;
``(5) international coordination of planning, programming, and
border operation with Canada and Mexico relating to expediting cross
border vehicle and cargo movements; and
``(6) activities of Federal inspection agencies.
``(c) Selection Criteria.--The Secretary shall make allocations
under this section on the basis of--
``(1) expected reduction in commercial and other motor vehicle
travel time through an international border crossing as a result of
the project;
``(2) improvements in vehicle and highway safety and cargo
security related to motor vehicles crossing a border with Canada or
Mexico;
``(3) strategies to increase the use of existing, underutilized
border crossing facilities and approaches;
``(4) leveraging of Federal funds provided under this section,
including use of innovative financing, combination of such funds
with funding provided under other sections of this Act [see Tables
for classification], and combination with other sources of Federal,
State, local, or private funding;
``(5) degree of multinational involvement in the project and
demonstrated coordination with other Federal agencies responsible
for the inspection of vehicles, cargo, and persons crossing
international borders and their counterpart agencies in Canada and
Mexico;
``(6) improvements in vehicle and highway safety and cargo
security in and through the gateway or affected port of entry
concerned;
``(7) the degree of demonstrated coordination with Federal
inspection agencies;
``(8) the extent to which the innovative and problem solving
techniques of the proposed project would be applicable to other
border stations or ports of entry;
``(9) demonstrated local commitment to implement and sustain
continuing comprehensive border or affected port of entry planning
processes and improvement programs; and
``(10) such other factors as the Secretary determines are
appropriate to promote border transportation efficiency and safety.
``(d) Construction of Transportation Infrastructure for Law
Enforcement Purposes.--At the request of the Administrator of General
Services, in consultation with the Attorney General, the Secretary may
transfer, during the period of fiscal years 1998 through 2001, not more
than $10,000,000 of the amounts made available by section 1101 [set out
in part as a note below] to carry out this section and section 1118 [set
out above] to the Administrator of General Services for the construction
of transportation infrastructure necessary for law enforcement in border
States.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Border region.--The term `border region' means the portion
of a border State in the vicinity of an international border with
Canada or Mexico.
``(2) Border state.--The term `border State' means any State
that has a boundary in common with Canada or Mexico.''
Highway Economic Requirement System
Pub. L. 105-178, title I, Sec. 1213(a), June 9, 1998, 112 Stat. 199,
provided that:
``(1) Methodology.--
``(A) Evaluation.--The Comptroller General of the United States
shall conduct an evaluation of the methodology used by the
Department of Transportation to determine highway needs using the
highway economic requirement system (in this subsection referred to
as the `model').
``(B) Required element.--The evaluation shall include an
assessment of the extent to which the model estimates an optimal
level of highway infrastructure investment, including an assessment
as to when the model may be overestimating or underestimating
investment requirements.
``(C) Report to congress.--Not later than 2 years after the date
of enactment of this Act [June 9, 1998], the Comptroller General
shall submit to Congress a report on the results of the evaluation.
``(2) State investment plans.--
``(A) Study.--In consultation with State transportation
departments and other appropriate State and local officials, the
Comptroller General of the United States shall conduct a study on
the extent to which the model can be used to provide States with
useful information for developing State transportation investment
plans and State infrastructure investment projections.
``(B) Required elements.--The study shall--
``(i) identify any additional data that may need to be
collected beyond the data submitted, before the date of
enactment of this Act, to the Federal Highway Administration
through the highway performance monitoring system; and
``(ii) identify what additional work, if any, would be
required of the Federal Highway Administration and the States to
make the model useful at the State level.
``(C) Report to congress.--Not later than 3 years after the date
of enactment of this Act, the Comptroller General shall submit to
Congress a report on the results of the study.''
Southwest Border Transportation Infrastructure
Pub. L. 105-178, title I, Sec. 1213(d), June 9, 1998, 112 Stat. 200,
provided that:
``(1) Assessment.--The Secretary shall conduct a comprehensive
assessment of the state of the transportation infrastructure on the
southwest border between the United States and Mexico (in this
subsection referred to as the `border').
``(2) Consultation.--In carrying out the assessment, the Secretary
shall consult with--
``(A) the Secretary of State;
``(B) the Attorney General;
``(C) the Secretary of the Treasury;
``(D) the Commandant of the Coast Guard;
``(E) the Administrator of General Services;
``(F) the American Commissioner on the International Boundary
Commission, United States and Mexico;
``(G) State agencies responsible for transportation and law
enforcement in border States; and
``(H) municipal governments and transportation authorities in
sister cities in the border area.
``(3) Requirements.--In carrying out the assessment, the Secretary
shall--
``(A) assess the flow of commercial and private traffic through
designated ports of entry on the border;
``(B) assess the adequacy of transportation infrastructure in
the border area, including highways, bridges, railway lines, and
border inspection facilities;
``(C) assess the adequacy of law enforcement and narcotics
abatement activities in the border area, as the activities relate to
commercial and private traffic and infrastructure;
``(D) assess future demands on transportation infrastructure in
the border area; and
``(E) make recommendations to facilitate legitimate cross-border
traffic in the border area, while maintaining the integrity of the
border.
``(4) Report.--Not later than 1 year after the date of enactment of
this Act [June 9, 1998], the Secretary shall submit to Congress a report
on the assessment conducted under this subsection, including any related
legislative and administrative recommendations.''
Transportation and Community and System Preservation Pilot Program
Pub. L. 105-178, title I, Sec. 1221, June 9, 1998, 112 Stat. 221,
provided that:
``(a) Establishment.--In cooperation with appropriate State,
regional, and local governments, the Secretary shall establish a
comprehensive initiative to investigate and address the relationships
between transportation and community and system preservation and
identify private sector-based initiatives.
``(b) Research.--
``(1) In general.--In cooperation with appropriate Federal
agencies, State, regional, and local governments, and other entities
eligible for assistance under subsection (d), the Secretary shall
carry out a comprehensive research program to investigate the
relationships between transportation, community preservation, and
the environment and the role of the private sector in shaping such
relationships.
``(2) Required elements.--The program shall provide for
monitoring and analysis of projects carried out with funds made
available to carry out subsections (c) and (d).
``(c) Planning.--
``(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to States, metropolitan
planning organizations, and local governments to plan, develop, and
implement strategies to integrate transportation and community and
system preservation plans and practices.
``(2) Purposes.--The purposes of the allocations shall be--
``(A) to improve the efficiency of the transportation
system;
``(B) to reduce the impacts of transportation on the
environment;
``(C) to reduce the need for costly future investments in
public infrastructure;
``(D) to provide efficient access to jobs, services, and
centers of trade; and
``(E) to examine development patterns and identify
strategies to encourage private sector development patterns
which achieve the goals identified in subparagraphs (A) through
(D).
``(3) Criteria.--In allocating funds made available to carry out
this subsection, the Secretary shall give priority to applicants
that--
``(A) propose projects for funding that address the purposes
described in paragraph (2); and
``(B) demonstrate a commitment of non-Federal resources to
the proposed projects.
``(4) Additional criteria.--In addition, the Secretary shall
give consideration to applicants that demonstrate a commitment to
public and private involvement, including involvement of
nontraditional partners in the project team.
``(d) Allocation of Funds for Implementation.--
``(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to States, metropolitan
planning organizations, and local governments to carry out projects
to address transportation efficiency and community and system
preservation.
``(2) Criteria.--In allocating funds made available to carry out
this subsection, the Secretary shall give priority to applicants
that--
``(A) have instituted preservation or development plans and
programs that--
``(i) meet the requirements of title 23 and chapter 53
of title 49, United States Code; and
``(ii)(I) are coordinated with State and local adopted
preservation or development plans;
``(II) are intended to promote cost-effective and
strategic investments in transportation infrastructure that
minimize adverse impacts on the environment; or
``(III) are intended to promote innovative private
sector strategies.
``(B) have instituted other policies to integrate
transportation and community and system preservation practices,
such as--
``(i) spending policies that direct funds to high-growth
areas;
``(ii) urban growth boundaries to guide metropolitan
expansion;
``(iii) `green corridors' programs that provide access
to major highway corridors for areas targeted for efficient
and compact development; or
``(iv) other similar programs or policies as determined
by the Secretary;
``(C) have preservation or development policies that include
a mechanism for reducing potential impacts of transportation
activities on the environment;
``(D) examine ways to encourage private sector investments
that address the purposes of this section; and
``(E) propose projects for funding that address the purposes
described in subsection (c)(2).
``(3) Equitable distribution.--In allocating funds to carry out
this subsection, the Secretary shall ensure the equitable
distribution of funds to a diversity of populations and geographic
regions.
``(4) Use of allocated funds.--
``(A) In general.--An allocation of funds made available to
carry out this subsection shall be used by the recipient to
implement the projects proposed in the application to the
Secretary.
``(B) Types of projects.--The allocation of funds shall be
available for obligation for--
``(i) any project eligible for funding under title 23 or
chapter 53 of title 49, United States Code; or
``(ii) any other activity relating to transportation and
community and system preservation that the Secretary
determines to be appropriate, including corridor
preservation activities that are necessary to implement--
``(I) transit-oriented development plans;
``(II) traffic calming measures; or
``(III) other coordinated transportation and community and
system preservation practices.
``(e) Funding.--
``(1) In general.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $20,000,000 for fiscal year 1999 and
$25,000,000 for each of fiscal years 2000 through 2003.
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same manner as
if the funds were apportioned under chapter 1 of title 23, United
States Code.''
Transportation Assistance for Olympic Cities
Pub. L. 105-178, title I, Sec. 1223, June 9, 1998, 112 Stat. 224, as
amended by Pub. L. 105-206, title IX, Sec. 9003(j), July 22, 1998, 112
Stat. 842, provided that:
``(a) Purpose.--The purpose of this section is to authorize the
provision of assistance for, and support of, State and local efforts
concerning surface transportation issues necessary to obtain the
national recognition and economic benefits of participation in the
International Olympic movement, the International Paralympic movement,
and the Special Olympics International movement by hosting international
quadrennial Olympic and Paralympic events, and Special Olympics
International events, in the United States.
``(b) Priority for Transportation Projects Relating to Olympic,
Paralympic, and Special Olympic Events.--Notwithstanding any other
provision of law, from funds available to carry out sections 118(c) and
144(g)(1) of title 23, United States Code, the Secretary may give
priority to funding for a transportation project relating to an
international quadrennial Olympic or Paralympic event, or a Special
Olympics International event, if--
``(1) the project meets the extraordinary needs associated with
an international quadrennial Olympic or Paralympic event or a
Special Olympics International event; and
``(2) the project is otherwise eligible for assistance under
sections 118(c) and 144(g)(1) of such title.
``(c) Transportation Planning Activities.--The Secretary may
participate in--
``(1) planning activities of States and metropolitan planning
organizations and transportation projects relating to an
international quadrennial Olympic or Paralympic event, or a Special
Olympics International event, under sections 134 and 135 of title
23, United States Code; and
``(2) developing intermodal transportation plans necessary for
the projects in coordination with State and local transportation
agencies.
``(d) Funding.--Notwithstanding section 5001(a) [112 Stat. 419],
from funds made available under such section, the Secretary may provide
assistance for the development of an Olympic, a Paralympic, and a
Special Olympics transportation management plan in cooperation with an
Olympic Organizing Committee responsible for hosting, and State and
local communities affected by, an international quadrennial Olympic or
Paralympic event or a Special Olympics International event.
``(e) Transportation Projects Relating to Olympic, Paralympic, and
Special Olympic Events.--
``(1) In general.--The Secretary may provide assistance,
including planning, capital, and operating assistance, to States and
local governments in carrying out transportation projects relating
to an international quadrennial Olympic or Paralympic event or a
Special Olympics International event.
``(2) Federal share.--The Federal share of the cost of a project
assisted under this subsection shall not exceed 80 percent.
``(f) Eligible Governments.--A State or local government shall be
eligible to receive assistance under this section only if the government
is hosting a venue that is part of an international quadrennial Olympics
that is officially selected by the International Olympic Committee or
Special Olympics International.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section such sums as are necessary for each
of fiscal years 1998 through 2003.''
Discretionary Grant Selection Criteria and Process
Pub. L. 105-178, title I, Sec. 1311, as added by Pub. L. 105-206,
title IX, Sec. 9004(a), July 22, 1998, 112 Stat. 842, provided that:
``(a) Establishment of Criteria.--The Secretary shall establish
criteria for all discretionary programs funded from the Highway Trust
Fund (other than the Mass Transit Account). To the extent practicable,
such criteria shall conform to the Executive Order No. 12893 [31 U.S.C.
501 note] (relating to infrastructure investment).
``(b) Selection Process.--
``(1) Limitation on acceptance of applications.--Before
accepting applications for grants under any discretionary program
for which funds are authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) by this Act [see
Tables for classification] (including the amendments made by this
Act), the Secretary shall publish the criteria established under
subsection (a). Such publication shall identify all statutory
criteria and any criteria established by regulation that will apply
to the program.
``(2) Explanation.--Not less often than quarterly, the Secretary
shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a list of the projects selected under
discretionary programs funded from the Highway Trust Fund (other
than the Mass Transit Account) and an explanation of how the
projects were selected based on the criteria established under
subsection (a).
``(c) Minimum Covered Programs.--At a minimum, the criteria
established under subsection (a) and the selection process established
by subsection (b) shall apply to the following programs:
``(1) The intelligent transportation system deployment program
under title V [see Tables for classification].
``(2) The national corridor planning and development program.
``(3) The coordinated border infrastructure and safety program.
``(4) The construction of ferry boats and ferry terminal
facilities.
``(5) The national scenic byways program.
``(6) The Interstate discretionary program.
``(7) The discretionary bridge program.''
Compliance With Buy American Act
Section 359(c) of Pub. L. 104-59 directed Secretary of
Transportation to conduct a study on compliance with Buy American Act
(41 U.S.C. 10a-10c) with respect to contracts entered into using amounts
made available from Highway Trust Fund and not later than 1 year after
Nov. 28, 1995, transmit to Congress report on results.
Disadvantaged Business Enterprises
Pub. L. 105-178, title I, Sec. 1101(b), June 9, 1998, 112 Stat. 113,
provided that:
``(1) General rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts made
available for any program under titles I, III, and V of this Act [see
Tables for classification] shall be expended with small business
concerns owned and controlled by socially and economically disadvantaged
individuals.
``(2) Definitions.--In this subsection, the following definitions
apply:
``(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 disadvantaged individual or individuals which has
average annual gross receipts over the preceding 3 fiscal years in
excess of $16,600,000, as adjusted by the Secretary for inflation.
``(B) Socially and economically disadvantaged individuals.--The
term `socially and economically disadvantaged individuals' has the
meaning such term has under section 8(d) of the Small Business Act
(15 U.S.C. 637(d)) and relevant 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 enterprises.--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 and notify the Secretary, in writing, of the percentage of
such concerns which are controlled by women, by socially and
economically disadvantaged individuals (other than women), and by
individuals who are women and are otherwise socially and economically
disadvantaged individuals.
``(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) Compliance with court orders.--Nothing in this subsection
limits the eligibility of an entity or person to receive funds made
available under titles I, III, and V of this Act [see Tables for
classification], if the entity or person is prevented, in whole or in
part, from complying with paragraph (1) because a Federal court issues a
final order in which the court finds that the requirement of paragraph
(1), or the program established under paragraph (1), is
unconstitutional.
``(6) Review by comptroller general.--Not later than 3 years after
the date of enactment of this Act [June 9, 1998], the Comptroller
General of the United States shall conduct a review of, and publish and
report to Congress findings and conclusions on, the impact throughout
the United States of administering the requirement of paragraph (1),
including an analysis of--
``(A) in the case of small business concerns certified in each
State under paragraph (4) as owned and controlled by socially and
economically disadvantaged individuals--
``(i) the number of the small business concerns; and
``(ii) the participation rates of the small business
concerns in prime contracts and subcontracts funded under titles
I, III, and V of this Act [see Tables for classification];
``(B) in the case of small business concerns described in
subparagraph (A) that receive prime contracts and subcontracts
funded under titles I, III, and V of this Act--
``(i) the number of the small business concerns;
``(ii) the annual gross receipts of the small business
concerns; and
``(iii) the net worth of socially and economically
disadvantaged individuals that own and control the small
business concerns;
``(C) in the case of small business concerns described in
subparagraph (A) that do not receive prime contracts and
subcontracts funded under titles I, III, and V of this Act--
``(i) the annual gross receipts of the small business
concerns; and
``(ii) the net worth of socially and economically
disadvantaged individuals that own and control the small
business concerns;
``(D) in the case of business concerns that receive prime
contracts and subcontracts funded under titles I, III, and V of this
Act, other than small business concerns described in subparagraph
(B)--
``(i) the annual gross receipts of the business concerns;
and
``(ii) the net worth of individuals that own and control the
business concerns;
``(E) the rate of graduation from any programs carried out to
comply with the requirement of paragraph (1) for small business
concerns owned and controlled by socially and economically
disadvantaged individuals;
``(F) the overall cost of administering the requirement of
paragraph (1), including administrative costs, certification costs,
additional construction costs, and litigation costs;
``(G) any discrimination on the basis of race, color, national
origin, or sex against small business concerns owned and controlled
by socially and economically disadvantaged individuals;
``(H)(i) any other factors limiting the ability of small
business concerns owned and controlled by socially and economically
disadvantaged individuals to compete for prime contracts and
subcontracts funded under titles I, III, and V of this Act; and
``(ii) the extent to which any of those factors are caused, in
whole or in part, by discrimination based on race, color, national
origin, or sex;
``(I) any discrimination, on the basis of race, color, national
origin, or sex, against construction companies owned and controlled
by socially and economically disadvantaged individuals in public and
private transportation contracting and the financial, credit,
insurance, and bond markets;
``(J) the impact on small business concerns owned and controlled
by socially and economically disadvantaged individuals of--
``(i) the issuance of a final order described in paragraph
(5) by a Federal court that suspends a program established under
paragraph (1); or
``(ii) the repeal or suspension of State or local
disadvantaged business enterprise programs; and
``(K) the impact of the requirement of paragraph (1), and any
program carried out to comply with paragraph (1), on competition and
the creation of jobs, including the creation of jobs for socially
and economically disadvantaged individuals.''
Similar provisions were contained in the following prior acts:
Pub. L. 102-240, title I, Sec. 1003(b), Dec. 18, 1991, 105 Stat.
1919.
Pub. L. 100-17, title I, Sec. 106(c), Apr. 2, 1987, 101 Stat. 145.
Highway Use Tax Evasion Projects
Pub. L. 102-240, title I, Sec. 1040, Dec. 18, 1991, 105 Stat. 1992,
as amended by Pub. L. 104-59, title III, Sec. 325(f), Nov. 28, 1995, 109
Stat. 592; Pub. L. 104-66, title I, Sec. 1122(b), Dec. 21, 1995, 109
Stat. 725; Pub. L. 105-130, Sec. 5(c)(1), Dec. 1, 1997, 111 Stat. 2557,
related to highway use tax evasion projects, prior to repeal by Pub. L.
105-178, title I, Sec. 1114(b)(2), June 9, 1998, 112 Stat. 154. See
section 143 of this title.
Scenic Byways Program
Section 1047 of Pub. L. 102-240, as amended by Pub. L. 105-130,
Sec. 5(c)(2), Dec. 1, 1997, 111 Stat. 2557, provided that:
``(a) Scenic Byways Advisory Committee.--
``(1) Establishment.--Not later than 180 days after the date of
the enactment of this Act [Dec. 18, 1991], the Secretary shall
establish in the Department of Transportation an advisory committee
to assist the Secretary with respect to establishment of a national
scenic byways program under title 23, United States Code.
``(2) Membership.--The advisory committee established under this
section shall be composed of 17 members as follows:
``(A) The Administrator of the Federal Highway
Administration or the designee of the Administrator who shall
serve as chairman of the advisory committee.
``(B) The Chief of the Forest Service of the Department of
Agriculture or the designee of the Chief.
``(C) The Director of the National Park Service of the
Department of the Interior or the designee of the Director.
``(D) The Director of the Bureau of Land Management of the
Department of the Interior or the designee of the Director.
``(E) The Under Secretary for Travel and Tourism of the
Department of Commerce or the designee of the Under Secretary.
``(F) The Assistant Secretary for Indian Affairs of the
Department of the Interior or the designee of the Assistant
Secretary.
``(G) 1 individual appointed by the Secretary who is
specially qualified to represent the interests of
conservationists on the advisory committee.
``(H) 1 individual appointed by the Secretary of
Transportation who is specially qualified to represent the
interests of recreational users of scenic byways on the advisory
committee.
``(I) 1 individual appointed by the Secretary who is
specially qualified to represent the interests of the tourism
industry on the advisory committee.
``(J) 1 individual appointed by the Secretary who is
specially qualified to represent the interests of historic
preservationists on the advisory committee.
``(K) 1 individual appointed by the Secretary who is
specially qualified to represent the interests of highway users
on the advisory committee.
``(L) 1 individual appointed by the Secretary to represent
State highway and transportation officials.
``(M) 1 individual appointed by the Secretary to represent
local highway and transportation officials.
``(N) 1 individual appointed by the Secretary who is
specially qualified to serve on the advisory committee as a
planner.
``(O) 1 individual appointed by the Secretary who is
specially qualified to represent the motoring public.
``(P) 1 individual appointed by the Secretary who is
specially qualified to represent groups interested in scenic
preservation.
``(Q) 1 individual appointed by the Secretary who represents
the outdoor advertising industry.
Individuals appointed as members of the advisory committee under
subparagraphs (G) through (P) may be State and local government
officials. Members shall serve without compensation other than for
reasonable expenses incident to functions of the advisory committee.
``(3) Functions.--The advisory committee established under this
subsection shall develop and make to the Secretary recommendations
regarding minimum criteria for use by State and Federal agencies in
designating highways as scenic byways and as all-American roads for
purposes of a national scenic byways program to be established under
title 23, United States Code. Such recommendations shall include
recommendations on the following:
``(A) Consideration of the scenic beauty and historic
significance of highways proposed for designation as scenic
byways and all-American roads and the areas surrounding such
highways.
``(B) Operation and management standards for highways
designated as scenic byways and all-American roads, including
strategies for maintaining or improving the qualities for which
a highway is designated as a scenic byway or all-American road,
for protecting and enhancing the landscape and view corridors
surrounding such a highway, and for minimizing traffic
congestion on such a highway.
``(C)(i) Standards for scenic byway-related signs, including
those which identify highways as scenic byways and all-American
roads.
``(ii) The advisability of uniform signs identifying
highways as components of the scenic byway system.
``(D) Standards for maintaining highway safety on the scenic
byway system.
``(E) Design review procedures for location of highway
facilities, landscaping, and travelers' facilities on the scenic
byway system.
``(F) Procedures for reviewing and terminating the
designation of a highway designated as a scenic byway.
``(G) Such other matters as the advisory committee may deem
appropriate.
``(H) Such other matters for which the Secretary may request
recommendations.
``(4) Report.--Not later than 18 months after the date of the
enactment of this Act [Dec. 18, 1991], the advisory committee
established under this section shall submit to the Secretary and
Congress a report containing the recommendations described in
paragraph (3).
``(b) Technical and Financial Assistance.--The Secretary shall
provide technical assistance to the States (as such term is defined
under section 101 of title 23, United States Code) and shall make grants
to the States for the planning, design, and development of State scenic
byway programs.
``(c) Federal Share.--The Federal share payable for the costs of
planning, design, and development of State scenic byway programs under
this section shall be 80 percent.
``(d) Funding.--There shall be available to the Secretary for
carrying out this section (other than subsection (f)), out of the
Highway Trust Fund (other than the Mass Transit Account), $1,000,000 for
fiscal year 1992, $3,000,000 for fiscal year 1993, $4,000,000 for fiscal
year 1994, $14,000,000 for each of the fiscal years 1995, 1996, and
1997, and $7,000,000 for the period of October 1, 1997, through March
31, 1998. Such sums shall remain available until expended.
``(e) Contract Authority.--Notwithstanding any other provision of
law, approval by the Secretary of a grant under this section shall be
deemed a contractual obligation of the United States for payment of the
Federal share of the cost of activities for which the grant is being
made.
``(f) Interim Scenic Byways Program.--
``(1) Grant program.--During fiscal years 1992, 1993, and 1994,
the Secretary may make grants to any State which has a scenic
highway program for carrying out eligible projects on highways which
the State has designated as scenic byways.
``(2) Priority projects.--In making grants under paragraph (1),
the Secretary shall give priority to--
``(A) those eligible projects which are included in a
corridor management plan for maintaining scenic, historic,
recreational, cultural, and archeological characteristics of the
corridor while providing for accommodation of increased tourism
and development of related amenities;
``(B) those eligible projects for which a strong local
commitment is demonstrated for implementing the management plans
and protecting the characteristics for which the highway is
likely to be designated as a scenic byway;
``(C) those eligible projects which are included in programs
which can serve as models for other States to follow when
establishing and designing scenic byways on an intrastate or
interstate basis; and
``(D) those eligible projects in multi-State corridors where
the States submit joint applications.
``(3) Eligible projects.--The following are projects which are
eligible for Federal assistance under this subsection:
``(A) Planning, design, and development of State scenic
byway programs.
``(B) Making safety improvements to a highway designated as
a scenic byway under this subsection to the extent such
improvements are necessary to accommodate increased traffic, and
changes in the types of vehicles using the highway, due to such
designation.
``(C) Construction along the highway of facilities for the
use of pedestrians and bicyclists, rest areas, turnouts, highway
shoulder improvements, passing lanes, overlooks, and
interpretive facilities.
``(D) Improvements to the highway which will enhance access
to an area for the purpose of recreation, including water-
related recreation.
``(E) Protecting historical and cultural resources in areas
adjacent to the highway.
``(F) Developing and providing tourist information to the
public, including interpretive information about the scenic
byway.
``(4) Federal share.--The Federal share payable for the costs of
carrying out projects and developing programs under this subsection
with funds made available pursuant to this subsection shall be 80
percent.
``(5) Funding.--There shall be available to the Secretary for
carrying out this subsection, out of the Highway Trust Fund (other
than the Mass Transit Account), $10,000,000 for fiscal year 1992,
$10,000,000 for fiscal year 1993, and $10,000,000 for fiscal year
1994. Such sums shall remain available until expended.
``(g) Limitation.--The Secretary shall not make a grant under this
section for any project which would not protect the scenic, historic,
recreational, cultural, natural, and archeological integrity of the
highway and adjacent area. The Secretary may not use more than 10
percent of the funds authorized for each fiscal year under subsection
(f)(5) for removal of any outdoor advertising sign, display, or device.
``(h) Treatment of Scenic Highways in Oregon.--For purposes of this
section, a highway designated as a scenic highway in the State of Oregon
shall be treated as a scenic byway.''
Commemoration of Dwight D. Eisenhower System of Interstate and Defense
Highways
Section 6012 of Pub. L. 102-240 provided that:
``(a) Study.--The Secretary shall conduct a study to determine an
appropriate symbol or emblem to be placed on highway signs referring to
the Interstate System to commemorate the vision of President Dwight D.
Eisenhower in creating the Dwight D. Eisenhower National System of
Interstate and Defense Highways [now Dwight D. Eisenhower System of
Interstate and Defense Highways].
``(b) Report.--Not later than 1 year after the date of the enactment
of this Act [Dec. 18, 1991], the Secretary shall transmit to Congress a
report on the results of the study under this section.''
Designation of National System of Interstate and Defense Highways as The
Dwight D. Eisenhower System of Interstate and Defense Highways
Pub. L. 101-427, Oct. 15, 1990, 104 Stat. 927, provided: ``That--
``(a) notwithstanding any other provision of law, The National
System of Interstate and Defense Highways shall be redesignated as
`The Dwight D. Eisenhower System of Interstate and Defense
Highways'; and
``(b) any reference before the date of enactment of this Act
[Oct. 15, 1990] in any provision of law, regulation, map, sign, or
otherwise to The National System of Interstate and Defense Highways
shall be deemed to refer, on and after such date, to The Dwight D.
Eisenhower System of Interstate and Defense Highways.''
Signs Identifying Funding Sources
Section 154 of Pub. L. 100-17 provided that: ``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 construction 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.''
Eligibility for Federal-Aid Highway Funds of Projects Involving
Improvements in Vicinity of Interchanges Necessary To Upgrade Safety of
Primary Routes Not on Common Alignment With Interstate Route
Section 128 of Pub. L. 97-424 provided that: ``In any case where a
project involving a Federal-aid primary route not on the Interstate
System, and a route on the Interstate System which was originally
constructed without the expenditure of any funds authorized under
section 108(b) of the Federal-Aid Highway Act of 1956, as amended [set
out as a note below], and was subsequently added to the Interstate
System, both occupying a common alignment and having elements which have
been approved in concept by the Secretary of Transportation as part of a
project providing for the upgrading of an interchange on such Interstate
route, the cost of improvements in the vicinity of the interchange
necessary to upgrade the safety of that part of such Federal-aid primary
route not on a common alignment with such Interstate route in an
environmentally acceptable manner shall be eligible for the expenditure
of funds authorized by such section 108(b).''
Study of Future Transportation Professional Manpower Needs; Report
Section 135 of Pub. L. 97-424 provided that: ``The Secretary of
Transportation shall undertake to enter into appropriate arrangements
with the National Academy of Sciences' Transportation Research Board to
conduct a comprehensive study and investigation of future transportation
professional manpower needs, including but not limited to prevailing
methods of recruitment, training, and financial and other incentives and
disincentives which encourage or discourage retention in service of such
professional manpower by Federal, State, and local governments. 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 the Congress
not later than two years after the enactment of this Act [Jan. 6, 1983]
on the results of such study and investigation, together with its
recommendations. The Secretary shall furnish to the Academy at its
request any information which the Academy deems necessary for the
purpose of conducting the study and investigation authorized by this
section.''
Change in Location of Interstate Segments
Section 139 of Pub. L. 97-424, as amended by Pub. L. 100-457, title
III, Sec. 348, Sept. 30, 1988, 102 Stat. 2156, provided that:
``(a) Notwithstanding the provisions of section 4(b) of the Federal-
Aid Highway Act of 1981 [section 4(b) of Pub. L. 97-134, which amended
section 108(b) of the Federal-Aid Highway Act of 1956, set out as a note
under this section] the Secretary of Transportation may approve a change
in location of any Interstate route or segment and approve, in lieu
thereof, the construction of such Interstate route or segment on a new
location if the original location of such route or segment meets the
following criteria: (1) it has been designated under section 103(e) of
title 23, United States Code; (2) it is serving Interstate travel as of
the date of enactment of this section [Jan. 6, 1983]; (3) it requires
improvements which are eligible under the Federal-Aid Highway Act of
1981 [see Short Title of 1981 Amendments note above] and which would
either involve major modifications in order to meet acceptable standards
or result in severe environmental impacts and such major modifications
or mitigation measures relating to the environmental impacts are not
cost effective. The cost of the construction of such Interstate route or
segment on new location with funds available under section 108(b) of the
Federal-Aid Highway Act of 1956, as amended [set out as a note below],
shall not exceed the estimated cost of the eligible improvements on the
original location as eligible under the Federal-Aid Highway Act of 1981
and included in the 1983 interstate cost estimate as approved by the
Congress. Such cost shall be increased or decreased, as determined by
the Secretary, based on changes in construction costs of the original
location of the route or segment as of the date of approval of each
project on the new location. Upon approval of a new location, and funds
apportioned under section 104(b)(5)(A) of title 23, United States Code,
which were expended on the route or segment in the original location
shall be refunded to the Highway Trust Fund and credited to the
unobligated balance of the State's apportionment made under section
104(b)(5)(A) of title 23, United States Code, and other eligible
Federal-aid highway funds may be substituted in lieu thereof at the
appropriate Federal share.
``(b) Where the Secretary of Transportation approves a relocation of
an Interstate route or segment under the provisions of subsection (a) of
this section, such route or segment shall not be eligible for withdrawal
under the provisions of section 103(e)(4) of title 23, United States
Code, and shall be subject to the Interstate System completion deadlines
provided in subsections (d) and (e) of section 107 of the Surface
Transportation Assistance Act of 1978 [section 107(d), (e) of Pub. L.
95-599, set out as a note under section 103 of this title] or subject to
Interstate System completion deadlines as may be determined by Congress.
``(c) Notwithstanding any other provision of this section or of any
other provision of law, any project involving the relocation of any
Interstate route or segment that is approved by the Secretary of
Transportation under subsection (a) shall be eligible for discretionary
funds made available under section 118(b)(2)(B) of title 23, United
States Code.''
Buy America
Section 165 of Pub. L. 97-424, as amended by Pub. L. 98-229,
Sec. 10, Mar. 9, 1984, 98 Stat. 57; Pub. L. 100-17, title I,
Secs. 133(a)(6), 337(a)(1), (b), (c), Apr. 2, 1987, 101 Stat. 171, 241;
Pub. L. 102-240, title I, Sec. 1048, title III, Sec. 3003(b), Dec. 18,
1991, 105 Stat. 1999, 2088; Pub. L. 103-272, Sec. 4(r), July 5, 1994,
108 Stat. 1371; Pub. L. 103-429, Sec. 7(a)(3)(E), Oct. 31, 1994, 108
Stat. 4389, provided that:
``(a) Notwithstanding any other provision of law, the Secretary of
Transportation shall not obligate any funds authorized to be
appropriated by this Act or by any Act amended by this Act [see Short
Title of 1983 Amendment note above] or, after the date of enactment of
this Act [Jan. 6, 1983], any funds authorized to be appropriated to
carry out this Act, title 23, United States Code, or the Surface
Transportation Assistance Act of 1978 [see Short Title of 1978 Amendment
note above] and administered by the Department of Transportation, unless
steel, iron, and manufactured products used in such project are produced
in the United States.
``(b) The provisions of subsection (a) of this section shall not
apply where the Secretary finds--
``(1) that their application would be inconsistent with the
public interest;
``(2) that such materials and products are not produced in the
United States in sufficient and reasonably available quantities and
of a satisfactory quality; or
``(3) [Repealed. Pub. L. 103-272, Sec. 4(r)(2), July 5, 1994,
108 Stat. 1371.]
``(4) that inclusion of domestic material will increase the cost
of the overall project contract by more than 25 percent.
``(c) For purposes of this section, in calculating components'
costs, labor costs involved in final assembly shall not be included in
the calculation.
``(d) The Secretary of Transportation shall not impose any
limitation or condition on assistance provided under this Act [see Short
Title of 1983 Amendment note above], the Surface Transportation
Assistance Act of 1978 [see Short Title of 1978 Amendment note above] or
title 23, United States Code, which restricts any State from imposing
more stringent requirements than this section on the use of articles,
materials, and supplies mined, produced, or manufactured in foreign
countries in projects carried out with such assistance or restricts any
recipient of such assistance from complying with such State imposed
requirements.
``(e) [Repealed section 401 of Pub. L. 95-599, set out below.]
``(e) Report on Waivers.--By January 1, 1995, the Secretary shall
submit to Congress a report on the purchases from foreign entities
waived under subsection (b) in fiscal years 1992 and 1993, indicating
the dollar value of items for which waivers were granted under
subsection (b).
``(f) Intentional Violations.--If it has been determined by a court
or Federal agency that any person intentionally--
``(1) affixed a label bearing a `Made in America' inscription,
or any inscription with the same meaning, to any product used in
projects to which this section applies, sold in or shipped to the
United States that was not made in the United States; or
``(2) represented that any product used in projects to which
this section applies, sold in or shipped to the United States that
was not produced in the United States, was produced in the United
States;
that person shall be ineligible to receive any contract or subcontract
made with funds authorized under the Intermodal Surface Transportation
Efficiency Act of 1991 [Pub. L. 102-240, see Short Title of 1991
Amendment note set out under section 101 of Title 49, Transportation]
pursuant to the debarment, suspension, and ineligibility procedures in
subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations.
``(g) Limitation on Applicability of Waivers to Products Produced in
Certain Foreign Countries.--If the Secretary, in consultation with the
United States Trade Representative, determines that--
``(1) a foreign country is a party to an agreement with the
United States and pursuant to that agreement the head of an agency
of the United States has waived the requirements of this section,
and
``(2) the foreign country has violated the terms of the
agreement by discriminating against products covered by this section
that are produced in the United States and are covered by the
agreement,
the provisions of subsection (b) shall not apply to products produced in
that foreign country.''
[Section 337(a) of Pub. L. 100-17 provided that:
``(1)(A) Effective October 1, 1989, section 165(b)(3) of the Surface
Transportation Assistance Act of 1982 [section 165(b)(3) of Pub. L. 97-
424, set out above] is amended by striking out `50' and inserting in
lieu thereof `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(b)(3) of
the Surface Transportation Assistance Act of 1982 prior to the date of
enactment of this Act [Apr. 2, 1987] under a contract entered into prior
to April 1, 1992.'']
[Section 337(d) of Pub. L. 100-17 provided that: ``The amendments
made by subsections (b) and (c) of this section [amending section 165 of
Pub. L. 97-424, set out above] shall not apply to any contract awarded
pursuant to bids which were outstanding on the date of enactment of this
Act [Apr. 2, 1987].'']
Use of Articles Mined or Manufactured in United States
Pub. L. 95-599, title IV, Sec. 401, Nov. 6, 1978, 92 Stat. 2756, as
amended by Pub. L. 97-327, Sec. 6, Oct. 15, 1982, 96 Stat. 1613, which
required that articles, materials, and supplies used in projects
administered by Department of Transportation be mined or produced in
United States, was repealed by Pub. L. 97-424, title I, Sec. 165(e),
Jan. 6, 1983, 96 Stat. 2137.
Intercity Portions of Interstate System; Construction of Projects;
Report to Congress; Exemption
Section 102(b) of Pub. L. 94-280 provided that at least 30 percent
of the apportionment made to each State for each of the fiscal years
ending Sept. 30, 1978, and Sept. 30, 1979, of the sums authorized in
section 102(a) of Pub. L. 94-280 be expended by such State for projects
for the construction of intercity portions which would close essential
gaps in the Interstate System and provide a continuous System; that the
Secretary of Transportation report to Congress before Oct. 1, 1976, on
those intercity portions of the Interstate System the construction of
which would be needed to close essential gaps in the System; and that a
State which did not have sufficient projects to meet the 30 percent
requirement would, upon approval of the Secretary of Transportation, be
exempt from the requirement to the extent of such inability.
Interstate System; Prohibition of Obligation of Funds for Resurfacing,
Restoration, or Rehabilitation Projects
Section 102(c) of Pub. L. 94-280 provided that no part of the funds
authorized by section 108(b) of the Federal-Aid Highway Act of 1956, as
amended [set out as a note below], for the Interstate System, shall be
obligated for any project for resurfacing, restoring, or rehabilitating
any portion of the Interstate System.
Interstate Funding Study; Report and Recommendations to Congress
Section 150 of Pub. L. 94-280 directed Secretary of Transportation
to undertake a complete study of the financing of completion of the
Interstate Highway System and report to Congress within nine months the
results of the study, and to submit to Congress within one year his
recommendations regarding the need to provide Federal financial
assistance for resurfacing, restoration, and rehabilitation of routes of
the System together with results of a study of alternative means of
assuring that the high level of transportation service provided by the
System is maintained.
Study of Highway Needs To Solve Energy Problems; Investigation and
Study; Report to Congress
Section 153 of Pub. L. 94-280 directed Secretary of Transportation
to make an investigation and study for the purpose of determining the
need for special Federal assistance in the construction or
reconstruction of highways on the Federal-aid system necessary for the
transportation of coal or other uses in order to promote the solution of
the Nation's energy problems; that such study include appropriate
consultations with the Secretary of the Interior, the Administrator of
the Federal Energy Administration, and other appropriate Federal and
State officials; that the Secretary report the results of such
investigation and study together with his recommendations, to the
Congress not later than one year after May 5, 1976; and that, in order
to carry out the study, the Secretary use such funds as were available
to him for such purposes under section 104(a) of this title.
National Transportation Policy Study Commission; Establishment;
Termination; Etc.
Section 154 of Pub. L. 94-280, as amended by Pub. L. 95-599, title
I, Sec. 137(a), (b)(1), Nov. 6, 1978, 92 Stat. 2710, established
National Transportation Policy Study Commission; directed Commission,
not later than July 1, 1979, to make an investigation and study and
report to the President and Congress on the transportation needs and the
resources, requirements, and policies of the United States to meet such
expected needs; and provided for the Commission to terminate six months
after the report.
Consent of Governing Body for Expenditure of Funds
Section 102(d) of Pub. L. 93-643 provided that no funds appropriated
under the expanded definition of this section [23 U.S.C. 101(a)] shall
be expended without the formal consent of the governing body of the
tribe band or group of Indians or Alaskan Natives for whose use the
Indian reservation roads and bridges are intended.''
Carpool Demonstration Projects in Urban Areas; Appropriations
Authorization
Section 120(b) of Pub. L. 93-643, relating to grants for
demonstration projects designed to encourage the use of carpools in
urban areas, was repealed by Pub. L. 95-599, title I, Sec. 126(b), Nov.
6, 1978, 92 Stat. 2706. See section 146 of this title.
Emergency Highway Energy Conservation
Pub. L. 93-239, Secs. 1-3, Jan. 2, 1974, 87 Stat. 1046, 1047, as
amended by Pub. L. 93-643, Secs. 114(c), 120(a), Jan. 4, 1975, 83 Stat.
2286, 2289; Pub. L. 94-280, title I, Sec. 143, May 5, 1976, 90 Stat.
445; Pub. L. 95-599, title I, Sec. 126(b), Nov. 6, 1978, 92 Stat. 2706,
provided:
``[Section 1. Short title]. That this Act be cited as the `Emergency
Highway Energy Conservation Act'.
``Sec. 2. [Repealed. Pub. L. 93-643, Sec. 114(c), Jan. 4, 1975, 88
Stat. 2086.]
``Sec. 3. [Repealed. Pub. L. 95-599, title I, Sec. 126(b), Nov. 6,
1978, 92 Stat. 2706.]''
Section 4 of Pub. L. 93-239 amended section 601(d) of Federal
Aviation Act of 1958, as amended [section 1421(d) of former Title 49,
Transportation], relating to emergency locator transmitters.
Future Highway Needs: Reports to Congress
Section 121 of Pub. L. 91-605 provided that:
``(a) The Secretary of Transportation shall develop and include in
the report of Congress required to be submitted in January 1972, by
section 3 of the Act of August 28, 1965 (79 Stat. 578; Public Law 89-
139) [set out below], specific recommendations for the functional
realinement of the Federal-aid systems. These recommendations shall be
based on the functional classification study made in cooperation with
the State highway departments and local governments as required by the
Federal-Aid Highway Act of 1968 [see section 17 of Pub. L. 90-495, set
out as a note below] and submitted to the Congress in 1970, and the
functional classification study now underway of the Federal-aid systems
in 1990.
``(b) As a part of the future highway needs report to be submitted
to Congress in January 1972, the Secretary shall also make
recommendations to the Congress for a continuing Federal-aid highway
program for the period 1976 to 1990. The needs estimates to be used in
developing such programs shall be in conformance with the functional
classification studies referred to in subsection (a) of this section and
the recommendations for the functional realinement required by such
subsection.
``(c) The recommendations required by subsections (a) and (b) of
this section shall be determined on the basis of studies now being
conducted by the Secretary in cooperation with the State highway
departments and local governments, and, in urban areas of more than
fifty thousand population, utilizing the cooperative continuing
comprehensive transportation planning process conducted in accordance
with section 134 of title 23, United States Code. The highway needs
estimates prepared by the States in connection with this report to
Congress shall be submitted to Congress by the Secretary, together with
his recommendations.
``(d) As a part of the future highway needs report to be submitted
to Congress on January 1972, the Secretary shall report to Congress the
Federal-aid urban system as designated, and the cost of its
construction.''
Pub. L. 89-139, Sec. 3, Aug. 28, 1965, 79 Stat. 578, which had
required the submitting of a report to Congress every second year as to
the estimates of the future highway needs of the Nation, and Pub. L. 90-
495, Sec. 17, Aug. 23, 1968, 82 Stat. 823, which had required that the
report include the results of a systematic nationwide functional highway
classification study, were repealed by Pub. L. 97-424, title I,
Sec. 160(b), Jan. 6, 1983, 96 Stat. 2135.
Studies of Need for and Survey of Highway Construction Programs for
Guam, American Samoa, and the Virgin Islands
Pub. L. 90-495, Sec. 29, Aug. 23, 1968, 82 Stat. 830, directed the
Secretary of Transportation, in cooperation with the government of Guam,
the government of American Samoa, and the government of the Virgin
Islands, to make studies of the need for, and estimates and planning
surveys relative to, highway construction programs for Guam, American
Samoa, and the Virgin Islands, and to submit a report to Congress on or
before April 1, 1969.
Pub. L. 89-574, Sec. 13, Sept. 13, 1966, 80 Stat. 770, as amended by
Pub. L. 97-449, Sec. 2(a), Jan. 2, 1983, 96 Stat. 2439, directed the
Secretary, in cooperation with the government of Guam, the government of
American Samoa, and the government of the Virgin Islands to make studies
of the need for, and estimates and planning surveys relative to, highway
construction programs for Guam, American Samoa, and the Virgin Islands,
and to submit a report to Congress on or before July 1, 1967.
Report and Recommendations of Secretary of Commerce
Section 5 of Pub. L. 85-767 directed Secretary of Commerce to submit
to Congress not later than Feb. 1, 1959, a report on progress made in
attaining objectives set forth in this section, together with
recommendations.
Section 108(b) of the Federal-Aid Highway Act of 1956
Section 108(b) of act June 29, 1956, ch. 462, title I, 70 Stat. 378,
as amended by Pub. L. 85-381, Sec. 7(a), Apr. 16, 1958, 72 Stat. 93;
Pub. L. 86-342, title I, Sec. 102, Sept. 21, 1959, 73 Stat. 611; Pub. L.
87-61, title I Sec. 103, June 29, 1961, 75 Stat. 122; Pub. L. 89-139,
Sec. 1, Aug. 28, 1965, 79 Stat. 578; Pub. L. 89-574, Sec. 2, Sept. 13,
1966, 80 Stat. 766; Pub. L. 90-495, Sec. 2, Aug. 23, 1968, 82 Stat. 815;
Pub. L. 91-605 title I, Secs. 102, 106(b)(1), Dec. 31, 1970, 84 Stat.
1714, 1716; Pub. L. 93-87, title I, Sec. 102, Aug. 13, 1973, 87 Stat.
250; Pub. L. 94-280, title I, Sec. 102(a), May 5, 1976, 90 Stat. 425;
Pub. L. 95-599, title I, Sec. 102, Nov. 6, 1978, 92 Stat. 2689; Pub. L.
97-134, Sec. 4(a), (b), Dec. 29, 1981, 95 Stat. 1700; Pub. L. 97-327,
Sec. 2, Oct. 15, 1982, 96 Stat. 1611; Pub. L. 97-424, title I,
Secs. 102, 127(a), Jan. 6, 1983, 96 Stat. 2097, 2117; Pub. L. 100-17,
title I, Secs. 104, 138, Apr. 2, 1987, 101 Stat. 142, 175; Pub. L. 102-
240, title I, Sec. 1001(f), Dec. 18, 1991, 105 Stat. 1916; Pub. L. 103-
331, title III, Sec. 335(c), Sept. 30, 1994, 108 Stat. 2494, provided
that: ``For the purpose of expediting the construction, reconstruction,
or improvement, inclusive of necessary bridges and tunnels, of the
Interstate System, including extensions thereof through urban areas,
designated in accordance with the provisions of subsection (e) of
section 103 of title 23, United States Code, there is hereby authorized
to be appropriated the additional sum of $1,000,000,000 for the fiscal
year ending June 30, 1957, which sum shall be in addition to the
authorization heretofore made for that year, the additional sum of
$1,700,000,000 for the fiscal year ending June 30, 1958, the additional
sum of $2,200,000,000 for the fiscal year ending June 30, 1959, the
additional sum of $2,500,000,000 for the fiscal year ending June 30,
1960, the additional sum of $1,800,000,000 for the fiscal year ending
June 30, 1961, the additional sum of $2,200,000,000 for the fiscal year
ending June 30, 1962, the additional sum of $2,400,000,000 for the
fiscal year ending June 30, 1963, the additional sum of $2,600,000,000
for the fiscal year ending June 30, 1964, the additional sum of
$2,700,000,000 for the fiscal year ending June 30, 1965, the additional
sum of $2,800,000,000 for the fiscal year ending June 30, 1966, the
additional sum of $3,000,000,000 for the fiscal year ending June 30,
1967, the additional sum of $3,400,000,000 for the fiscal year ending
June 30, 1968, the additional sum of $3,800,000,000 for the fiscal year
ending June 30, 1969, the additional sum of $4,000,000,000 for the
fiscal year ending June 30, 1970, the additional sum of $4,000,000,000
for the fiscal year ending June 30, 1971, the additional sum of
$4,000,000,000 for the fiscal year ending June 30, 1972, the additional
sum of $4,000,000,000 for the fiscal year ending June 30, 1973, the
additional sum of $2,600,000,000 for the fiscal year ending June 30,
1974, the additional sum of $3,000,000,000 for the fiscal year ending
June 30, 1975, the additional sum of $3,000,000,000 for the fiscal year
ending June 30, 1976, the additional sum of $3,250,000,000 for the
fiscal year ending June 30, 1977, the additional sum of $3,250,000,000
for the fiscal year ending September 30, 1978, the additional sum of
$3,250,000,000 for the fiscal year ending September 30, 1979, the
additional sum of $3,250,000,000 for the fiscal year ending September
30, 1980, the additional sum of $3,500,000,000 for the fiscal year
ending September 30, 1981, the additional sum of $3,500,000,000 for the
fiscal year ending September 30, 1982, the additional sum of
$3,100,000,000 for the fiscal year ending September 30, 1983, the
additional sum of $4,000,000,000 for the fiscal year ending September
30, 1984, the additional sum of $4,000,000,000 for the fiscal year
ending September 30, 1985, the additional sum of $4,000,000,000 for the
fiscal year ending September 30, 1986, the additional sum of
$4,000,000,000 for the fiscal year ending September 30, 1987, the
additional sum of $3,000,000,000 for the fiscal year ending September
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 September
30, 1992, the additional sum of $1,800,000,000 for the fiscal year
ending September 30, 1993, the additional sum of $1,800,000,000 for the
fiscal year ending September 30, 1994, the additional sum of
$1,800,000,000 for the fiscal year ending September 30, 1995, and the
additional sum of $1,800,000,000, reduced by the amount made available
under section 1045(b)(1)(B) of the Intermodal Surface Transportation
Efficiency Act of 1991 [Pub. L. 102-240, as amended by Pub. L. 103-331,
title III, Sec. 335(a), Sept. 30, 1994, 108 Stat. 2494, which is not
classified to the Code], for the fiscal year ending September 30, 1996.
Nothing in this subsection shall be construed to authorize the
appropriation of any sums to carry out sections 131, 136, or 319(b) of
title 23, United States Code, or any provision of law relating to
highway safety enacted after May 1, 1966. Beginning with funds
authorized to be appropriated for fiscal year 1980, no such funds shall
be available for projects to expand or clear zones immediately adjacent
to the paved roadway of routes designed prior to February, 1967.
Effective on and after the date of enactment of this sentence [Dec. 29,
1981], the obligation of funds authorized by this subsection, except for
advance construction interstate projects approved before the date of
enactment of this sentence, shall be limited to the construction
necessary to provide a minimum level of acceptable service on the
Interstate System which shall consist of (1) full access control; (2) a
pavement design to accommodate the types and volumes of traffic
anticipated for the twenty-year period from date of authorization of the
initial basic construction contract; (3) essential environmental
requirements; (4) a design of not more than six lanes (exclusive of high
occupancy vehicle lanes) in rural areas and all urbanized areas under
four hundred thousand population, and up to eight lanes (exclusive of
high occupancy vehicle lanes) in urbanized areas of four hundred
thousand population or more as shown in the 1980 Federal census; and (5)
those high occupancy vehicle lanes (including approaches and all
directly related facilities) included in the interstate cost estimate
for fiscal year 1981. The obligation of funds authorized by this
subsection shall be further limited to the actual costs of only those
design concepts, locations, geometrics, and other construction features
included in the 1981 interstate cost estimate, except in any case where
the Secretary of Transportation determines that a provision of Federal
law requires a different design, location, geometric, or other
construction feature of a type authorized by this subsection.
Notwithstanding any other provision of law, including any other
provision of this subsection, where a project is to be constructed (1)
to provide parking garage ramps in conjunction with high occupancy
vehicle lanes which flow into a distributor system emptying directly
into ramps for off-street parking with preferential parking for
carpools, vanpools, and buses and the ramps are part of an environmental
mitigation effort and are designed to feed into an aerial walkway
system, or (2) to provide a parking lot near the terminus of an
Interstate System spur route which radiates from an Interstate System
beltway which will be used as an intermodal transfer facility for a
light rail transit project to be constructed in the median of the spur
route and the parking lot is part of an environmental mitigation effort,
or (3) to provide a parking garage and associated facilities as part of
an intermodal transfer facility with a transit system near or within an
Interstate System route right-of-way which will have direct and indirect
access to the facility by way of local streets and the parking garage
and associated facilities are part of an environmental mitigation
effort, or (4) to provide for the comprehensive upgrading of existing
high occupancy vehicle lanes, new ramps and parking facilities at mass
transit intermodal transfer points on an existing Interstate System
route which has temporary high occupancy vehicle lanes in the median and
the parking facilities and ramps are part of an environmental mitigation
effort, the costs of such parking garage ramps, parking lots, parking
garages, associated interchange ramps, high occupancy vehicle lanes, and
other associated work eligible under title 23, United States Code, shall
be eligible for funds authorized by this subsection as if the costs for
these projects were included in the 1981 interstate cost estimate and
shall be included as eligible projects in any future interstate cost
estimate. For purposes of this subsection, construction necessary to
provide a minimum level of acceptable service on the Interstate System
shall include, but not be limited to, any construction on the Interstate
System which is required under a court order issued before the date of
enactment of this sentence. 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 Interstate System providing access
to an international airport and which was described as 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 interstate cost estimate, except that (1) such costs
may be further developed 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.''
Section 127(b) of Pub. L. 97-424 provided that: ``Notwithstanding
the provisions of section 108(b) of the Federal-Aid Highway Act of 1956,
as amended [set out above], the Secretary of Transportation may approve
the expenditure of funds authorized under such section for the
construction of a previously approved project which provides for
improvements to and reconstruction of ramps and service roads which are
being developed as part of a roadway system to relieve a severely
congested segment on an Interstate route. Such expenditures shall be
limited (1) to work necessary to provide more effective and safe
operation of such Interstate route, and (2) to a section of an
Interstate route which proceeded to construction contract prior to the
date of enactment of such Act and which Interstate route, together with
service roads, was constructed without the expenditure of any funds
authorized by such section.''
Definitions of ``Interstate System'' and ``Secretary''
Pub. L. 105-178, Sec. 2, June 9, 1998, 112 Stat. 111, provided that:
``In this Act [see Tables for classification], the following definitions
apply:
``(1) Interstate system.--The term `Interstate System' has the
meaning such term has under section 101 of title 23, United States
Code.
``(2) Secretary.--The term `Secretary' means the Secretary of
Transportation.''
Definition of ``State''
Pub. L. 105-178, title I, Sec. 1103(n), June 9, 1998, 112 Stat. 127,
as amended by Pub. L. 105-206, title IX, Sec. 9002(c)(2), July 22, 1998,
112 Stat. 835, provided that: ``For the purposes of apportioning funds
under sections 104, 105, 144, and 206 of title 23, United States Code,
the term `State' means any of the 50 States and the District of
Columbia.''
Definition of ``Secretary''
Section 2 of Pub. L. 104-59 provided that: ``In this Act [See Short
Title of 1995 Amendment note above], the term `Secretary' means the
Secretary of Transportation.''
Section 2 of Pub. L. 100-17 provided that: ``As used in this Act
[see Short Title of 1987 Amendment note above], the term `Secretary'
means the Secretary of Transportation.''
Section Referred to in Other Sections
This section is referred to in section 181 of this title; title 16
sections 460l-6a, 460lll, 3911; title 42 section 1786; title 49 sections
104, 5308, 47107.
