§ 103. — Federalaid systems.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC103]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 103. Federal-aid systems
(a) In General.--For the purposes of this title, the Federal-aid
systems are the Interstate System and the National Highway System.
(b) National Highway System.--
(1) Description.--The National Highway System consists of the
highway routes and connections to transportation facilities depicted
on the map submitted by the Secretary to Congress with the report
entitled ``Pulling Together: The National Highway System and its
Connections to Major Intermodal Terminals'' and dated May 24, 1996.
The system shall--
(A) serve major population centers, international border
crossings, ports, airports, public transportation facilities,
and other intermodal transportation facilities and other major
travel destinations;
(B) meet national defense requirements; and
(C) serve interstate and interregional travel.
(2) Components.--The National Highway System described in
paragraph (1) consists of the following:
(A) The Interstate System described in subsection (c).
(B) Other urban and rural principal arterial routes.
(C) Other connector highways (including toll facilities)
that provide motor vehicle access between arterial routes on the
National Highway System and a major intermodal transportation
facility.
(D) A strategic highway network consisting of a network of
highways that are important to the United States strategic
defense policy and that provide defense access, continuity, and
emergency capabilities for the movement of personnel, materials,
and equipment in both peacetime and wartime. The highways may be
highways on or off the Interstate System and shall be designated
by the Secretary in consultation with appropriate Federal
agencies and the States.
(E) Major strategic highway network connectors consisting of
highways that provide motor vehicle access between major
military installations and highways that are part of the
strategic highway network. The highways shall be designated by
the Secretary in consultation with appropriate Federal agencies
and the States.
(3) Maximum mileage.--The mileage of highways on the National
Highway System shall not exceed 178,250 miles.
(4) Modifications to nhs.--
(A) In general.--The Secretary may make any modification,
including any modification consisting of a connector to a major
intermodal terminal, to the National Highway System that is
proposed by a State or that is proposed by a State and revised
by the Secretary if the Secretary determines that the
modification--
(i) meets the criteria established for the National
Highway System under this title; and
(ii) enhances the national transportation
characteristics of the National Highway System.
(B) Cooperation.--
(i) In general.--In proposing a modification under this
paragraph, a State shall cooperate with local and regional
officials.
(ii) Urbanized areas.--In an urbanized area, the local
officials shall act through the metropolitan planning
organization designated for the area under section 134.
(5) Congressional high priority corridors.--Upon the completion
of feasibility studies, the Secretary shall add to the National
Highway System any congressional high priority corridor or any
segment of such a corridor established by section 1105 of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2031 et seq.) that was not identified on the National Highway System
described in paragraph (1).
(6) Eligible projects for nhs.--Subject to approval by the
Secretary, funds apportioned to a State under section 104(b)(1) for
the National Highway System may be obligated for any of the
following:
(A) Construction, reconstruction, resurfacing, restoration,
and rehabilitation of segments of the National Highway System.
(B) Operational improvements for segments of the National
Highway System.
(C) Construction of, and operational improvements for, a
Federal-aid highway not on the National Highway System, and
construction of a transit project eligible for assistance under
chapter 53 of title 49, if--
(i) the highway or transit project is in the same
corridor as, and in proximity to, a fully access-controlled
highway designated as a part of the National Highway System;
(ii) the construction or improvements will improve the
level of service on the fully access-controlled highway
described in clause (i) and improve regional traffic flow;
and
(iii) the construction or improvements are more cost-
effective than an improvement to the fully access-controlled
highway described in clause (i).
(D) Highway safety improvements for segments of the National
Highway System.
(E) Transportation planning in accordance with sections 134
and 135.
(F) Highway research and planning in accordance with chapter
5.
(G) Highway-related technology transfer activities.
(H) Capital and operating costs for traffic monitoring,
management, and control facilities and programs.
(I) Fringe and corridor parking facilities.
(J) Carpool and vanpool projects.
(K) Bicycle transportation and pedestrian walkways in
accordance with section 217.
(L) Development, establishment, and implementation of
management systems under section 303.
(M) In accordance with all applicable Federal law (including
regulations), participation in natural habitat and wetland
mitigation efforts related to projects funded under this title,
which may include participation in natural habitat and wetland
mitigation banks, contributions to statewide and regional
efforts to conserve, restore, enhance, and create natural
habitats and wetland, and development of statewide and regional
natural habitat and wetland conservation and mitigation plans,
including any such banks, efforts, and plans authorized under
the Water Resources Development Act of 1990 (Public Law 101-640)
(including crediting provisions). Contributions to the
mitigation efforts described in the preceding sentence may take
place concurrent with or in advance of project construction;
except that contributions in advance of project construction may
occur only if the efforts are consistent with all applicable
requirements of Federal law (including regulations) and State
transportation planning processes. With respect to participation
in a natural habitat or wetland mitigation effort related to a
project funded under this title that has an impact that occurs
within the service area of a mitigation bank, preference shall
be given, to the maximum extent practicable, to the use of the
mitigation bank if the bank contains sufficient available
credits to offset the impact and the bank is approved in
accordance with the Federal Guidance for the Establishment, Use
and Operation of Mitigation Banks (60 Fed. Reg. 58605 (November
28, 1995)) or other applicable Federal law (including
regulations).
(N) Publicly-owned intracity or intercity bus terminals.
(O) Infrastructure-based intelligent transportation systems
capital improvements.
(P) In the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, any project
eligible for assistance under section 133, any airport, and any
seaport.
(c) Interstate System.--
(1) Description.--
(A) In general.--The Dwight D. Eisenhower National System of
Interstate and Defense Highways within the United States
(including the District of Columbia and Puerto Rico) consists of
highways designed, located, and selected in accordance with this
paragraph.
(B) Design.--
(i) In general.--Except as provided in clause (ii),
highways on the Interstate System shall be designed in
accordance with the standards of section 109(b).
(ii) Exception.--Highways on the Interstate System in
Alaska and Puerto Rico shall be designed in accordance with
such geometric and construction standards as are adequate
for current and probable future traffic demands and the
needs of the locality of the highway.
(C) Location.--Highways on the Interstate System shall be
located so as--
(i) to connect by routes, as direct as practicable, the
principal metropolitan areas, cities, and industrial
centers;
(ii) to serve the national defense; and
(iii) to the maximum extent practicable, to connect at
suitable border points with routes of continental importance
in Canada and Mexico.
(D) Selection of routes.--To the maximum extent practicable,
each route of the Interstate System shall be selected by joint
action of the State transportation departments of the State in
which the route is located and the adjoining States, in
cooperation with local and regional officials, and subject to
the approval of the Secretary.
(2) Maximum mileage.--The mileage of highways on the Interstate
System shall not exceed 43,000 miles, exclusive of designations
under paragraph (4).
(3) Modifications.--The Secretary may approve or require
modifications to the Interstate System in a manner consistent with
the policies and procedures established under this subsection.
(4) Interstate system designations.--
(A) Additions.--If the Secretary determines that a highway
on the National Highway System meets all standards of a highway
on the Interstate System and that the highway is a logical
addition or connection to the Interstate System, the Secretary
may, upon the affirmative recommendation of the State or States
in which the highway is located, designate the highway as a
route on the Interstate System.
(B) Designations as future interstate system routes.--
(i) In general.--If the Secretary determines that a
highway on the National Highway System would be a logical
addition or connection to the Interstate System and would
qualify for designation as a route on the Interstate System
under subparagraph (A) if the highway met all standards of a
highway on the Interstate System, the Secretary may, upon
the affirmative recommendation of the State or States in
which the highway is located, designate the highway as a
future Interstate System route.
(ii) Written agreement of states.--A designation under
clause (i) shall be made only upon the written agreement of
the State or States described in such clause that the
highway will be constructed to meet all standards of a
highway on the Interstate System by the date that is 12
years after the date of the agreement.
(iii) Removal of designation.--
(I) In general.--If the State or States described in
clause (i) have not substantially completed the
construction of a highway designated under this
subparagraph within the time provided for in the
agreement between the Secretary and the State or States
under clause (ii), the Secretary shall remove the
designation of the highway as a future Interstate System
route.
(II) Effect of removal.--Removal of the designation
of a highway under subclause (I) shall not preclude the
Secretary from designating the highway as a route on the
Interstate System under subparagraph (A) or under any
other provision of law providing for addition to the
Interstate System.
(iv) Prohibition on referral as interstate system
route.--No law, rule, regulation, map, document, or other
record of the United States, or of any State or political
subdivision of a State, shall refer to any highway
designated as a future Interstate System route under this
subparagraph, nor shall any such highway be signed or
marked, as a highway on the Interstate System until such
time as the highway is constructed to the geometric and
construction standards for the Interstate System and has
been designated as a route on the Interstate System.
(C) Financial responsibility.--Except as provided in this
title, the designation of a highway under this paragraph shall
create no additional Federal financial responsibility with
respect to the highway.
(d) Transfer of Interstate Construction Funds.--
(1) Interstate construction funds not in surplus.--
(A) In general.--Upon application by a State and approval by
the Secretary, the Secretary may transfer to the apportionment
of the State under section 104(b)(1) any amount of funds
apportioned to the State under section 104(b)(5)(A) (as in
effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century), if the amount
does not exceed the Federal share of the costs of construction
of segments of the Interstate System in the State included in
the most recent Interstate System cost estimate.
(B) Effect of transfer.--Upon transfer of an amount under
subparagraph (A), the construction on which the amount is based,
as included in the most recent Interstate System cost estimate,
shall not be eligible for funding under section 104(b)(5)(A) (as
in effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century) or 118(c).
(2) Surplus interstate construction funds.--Upon application by
a State and approval by the Secretary, the Secretary may transfer to
the apportionment of the State under section 104(b)(1) any amount of
surplus funds apportioned to the State under section 104(b)(5)(A)
(as in effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century), if the State has
fully financed all work eligible under the most recent Interstate
System cost estimate.
(3) Applicability of certain laws.--Funds transferred under this
subsection shall be subject to the laws (including regulations,
policies, and procedures) relating to the apportionment to which the
funds are transferred.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 887; Pub. L. 86-70,
Sec. 21(d)(1), June 25, 1959, 73 Stat. 145; Pub. L. 86-624, Sec. 17(b),
(c), July 12, 1960, 74 Stat. 415; Pub. L. 87-866, Sec. 8(a), Oct. 23,
1962, 76 Stat. 1147; Pub. L. 90-238, Jan. 2, 1968, 81 Stat. 772; Pub. L.
90-495, Secs. 14, 21, Aug. 23, 1968, 82 Stat. 822, 826; Pub. L. 91-605,
title I, Secs. 106(b), 124, Dec. 31, 1970, 84 Stat. 1716, 1729; Pub. L.
93-87, title I, Secs. 109(a), 110(a), (b), 137, 148(a)-(c), (e), Aug.
13, 1973, 87 Stat. 255, 256, 268, 274; Pub. L. 93-643, Sec. 125, Jan. 4,
1975, 88 Stat. 2290; Pub. L. 94-280, title I, Secs. 109, 110, 111(a),
May 5, 1976, 90 Stat. 431, 433; Pub. L. 95-599, title I, Sec. 107(a),
(b), (f)(1), Nov. 6, 1978, 92 Stat. 2694, 2695; Pub. L. 96-106, Secs. 1,
2(a), (c), Nov. 9, 1979, 93 Stat. 796; Pub. L. 96-144, Sec. 2, Dec. 13,
1979, 93 Stat. 1084; Pub. L. 97-424, title I, Secs. 107(a)-(c)(1), (d),
(e), 108(f), Jan. 6, 1983, 96 Stat. 2101-2104; Pub. L. 100-17, title I,
Sec. 103(b), (f)(1), Apr. 2, 1987, 101 Stat. 136, 141; Pub. L. 102-240,
title I, Secs. 1006(a), (b), (d), 1011, title III, Sec. 3003(b), Dec.
18, 1991, 105 Stat. 1923, 1925, 1935, 2088; Pub. L. 103-272,
Sec. 5(f)(1), July 5, 1994, 108 Stat. 1374; Pub. L. 103-429, Secs. 3(1),
7(a)(4)(B), Oct. 31, 1994, 108 Stat. 4377, 4389; Pub. L. 104-59, title
I, Sec. 101, title III, Sec. 301(a), Nov. 28, 1995, 109 Stat. 569, 578;
Pub. L. 104-287, Sec. 2, Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105-178,
title I, Sec. 1106(b), June 9, 1998, 112 Stat. 131.)
References in Text
Section 1105 of the Intermodal Surface Transportation Efficiency Act
of 1991, referred to in subsec. (b)(5), is section 1105 of Pub. L. 102-
240, which amended section 105 of this title and enacted provisions
establishing high priority corridors and segments, which are not
classified to the Code.
The Water Resources Development Act of 1990, referred to in subsec.
(b)(6)(M), is Pub. L. 101-640, Nov. 28, 1990, 104 Stat. 4604. For
complete classification of this Act to the Code, see Short Title of 1990
Amendment note set out under section 2201 of Title 33, Navigation and
Navigable Waters, and Tables.
The date of enactment of the Transportation Equity Act for the 21st
Century, referred to in subsec. (d)(1), (2), is the date of enactment of
Pub. L. 105-178, which was approved June 9, 1998.
Codification
Another section 1106(b) of Pub. L. 105-178 is set out as a note
below.
Amendments
1998--Pub. L. 105-178 reenacted section catchline without change and
amended text generally. Prior to amendment, section related to Federal-
aid systems and, in subsec. (a), identified such systems, in subsec.
(b), described National Highway System, in subsec. (e), described
Interstate Highway System, in subsec. (f), specified authority of
Secretary with respect to system, in subsec. (g), provided for removal
of certain parts from system, in subsec. (h), authorized Secretary to
pay all non-Federal costs of certain parts of system, and in subsec.
(i), described eligible projects for National Highway System.
1996--Subsec. (e)(4)(L). Pub. L. 104-287 substituted ``chapter 53 of
title 49'' for ``fta'' in heading.
1995--Subsec. (b)(3)(C). Pub. L. 104-59, Sec. 101(b)(1), substituted
``The'' for ``For purposes of proposing highways for designation to the
National Highway System, the''.
Subsec. (b)(3)(D). Pub. L. 104-59, Sec. 101(b)(2), substituted
``The'' for ``In proposing highways for designation to the National
Highway System, the'' and inserted ``on the National Highway System''
after ``highway mileage''.
Subsec. (b)(5) to (8). Pub. L. 104-59, Sec. 101(a), added pars. (5)
to (8).
Subsec. (i)(8). Pub. L. 104-59, Sec. 301(a), added par. (8) and
struck out former par. (8) which read as follows: ``Startup costs for
traffic management and control if such costs are limited to the time
period necessary to achieve operable status but not to exceed 2 years
following the date of project approval, if such funds are not used to
replace existing funds.''
1994--Subsec. (e)(4)(L)(i). Pub. L. 103-272, Sec. 5(f)(1)(A), as
amended by Pub. L. 103-429, Sec. 7(a)(4)(B), substituted ``chapter 53 of
title 49'' for ``the Federal Transit Act''.
Subsec. (e)(4)(L)(ii). Pub. L. 103-272, Sec. 5(f)(1)(B), as amended
by Pub. L. 103-429, Sec. 7(a)(4)(B), substituted ``section 5323(a)(1)(D)
of title 49'' for ``section 3(e)(4) of the Federal Transit Act''.
Subsec. (i)(3). Pub. L. 103-429, Sec. 3(1), substituted ``chapter 53
of title 49'' for ``the Federal Transit Act''.
1991--Subsec. (a). Pub. L. 102-240, Sec. 1006(a), added subsec. (a)
and struck out former subsec. (a) which established and continued four
Federal-aid systems: primary, urban, secondary and Interstate.
Subsec. (b). Pub. L. 102-240, Sec. 1006(a), added subsec. (b) and
struck out former subsec. (b) which related to Federal-aid primary
system.
Subsecs. (c), (d). Pub. L. 102-240, Sec. 1006(b)(1), struck out
subsecs. (c) and (d) which related to Federal-aid secondary system and
Federal-aid urban system, respectively.
Subsec. (e)(4)(E)(i). Pub. L. 102-240, Sec. 1011(c), inserted
provisions at end specifying that funds authorized to be appropriated
for substitute transit projects for fiscal year 1993 and for substitute
highway projects for fiscal year 1995 are to remain available until
expended.
Subsec. (e)(4)(G). Pub. L. 102-240, Sec. 1011(a)(1), struck out
``and'' before ``$740,000,000'', inserted provisions relating to fiscal
years 1992 through 1995 and inserted provisions authorizing obligation
of sums for transit substitute projects.
Subsec. (e)(4)(H)(i). Pub. L. 102-240, Sec. 1011(a)(2)(A), inserted
provisions at end relating to apportionment of funds for fiscal years
1992 through 1995.
Subsec. (e)(4)(H)(iii). Pub. L. 102-240, Sec. 1011(a)(2)(B), (C),
substituted ``1988-1995'' for ``1988, 1989, 1990, and 1991'' in heading
and ``1991, 1992, 1993, 1994, and 1995'' for ``and 1991'' in text.
Subsec. (e)(4)(I). Pub. L. 102-240, Sec. 3003(b), substituted
``Federal Transit Act'' for ``Urban Mass Transportation Act of 1964''.
Subsec. (e)(4)(J)(i). Pub. L. 102-240, Sec. 1011(b)(1), (2),
inserted ``and ending before October 1, 1991'' after ``1983,'' and
provisions at end relating to apportionment of 100 percent of funds
appropriated for fiscal years 1992 and 1993.
Subsec. (e)(4)(J)(iii). Pub. L. 102-240, Sec. 1011(b)(3), (4),
substituted ``1988-1993'' for ``1988, 1989, 1990, and 1991'' in heading
and substituted ``1991, 1992, and 1993'' for ``and 1991'' in text.
Subsec. (e)(4)(L). Pub. L. 102-240, Sec. 3003(b), substituted
``FTA'' for ``UMTA'' in heading and ``Federal Transit Act'' for ``Urban
Mass Transportation Act of 1964'' in cls. (i) and (ii).
Subsec. (f). Pub. L. 102-240, Sec. 1006(b)(2), struck out ``the
Federal-aid primary system, the Federal-aid secondary system, the
Federal-aid urban system, and'' before ``the Interstate System'' and
struck out at end ``No Federal-aid system or portion thereof shall be
eligible for projects in which Federal funds participate until approved
by the Secretary.''
Subsec. (i). Pub. L. 102-240, Sec. 1006(d), added subsec. (i).
1987--Subsec. (e). Pub. L. 100-17, Sec. 103(f)(1)(A)-(D), (H)-(J),
inserted heading, indented par. (1) and aligned such par. and pars. (2),
(3), and (5) to (9) with par. (4), as amended, and inserted headings for
pars. (1) to (3), (8), and (9).
Subsec. (e)(4). Pub. L. 100-17, Sec. 103(b), amended par. (4)
generally, revising and restating as subpars. (A) to (P) provisions
formerly contained in a single paragraph.
Subsec. (e)(5). Pub. L. 100-17, Sec. 103(f)(1)(E), (K), inserted
heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4), and
substituted ``withdrawal of approval.'' for ``withdrawal of approval;
and'' in subpar. (B).
Subsec. (e)(6). Pub. L. 100-17, Sec. 103(f)(1)(F), (K), inserted
heading, aligned subpars. (A) and (B) with subpar. (A) of par. (4), and
substituted ``withdrawal of approval.'' for ``withdrawal of approval;''
in subpar. (B).
Subsec. (e)(7). Pub. L. 100-17, Sec. 103(f)(1)(G), inserted heading
and substituted ``are to be applied.'' for ``are to be applied; and''.
1983--Subsec. (b)(1). Pub. L. 97-424, Sec. 108(f), substituted
``Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands'' for ``or Puerto Rico''
after ``Hawaii, Alaska,''.
Subsec. (e)(4). Pub. L. 97-424, Sec. 107(a)(1), struck out eighth
sentence and substituted provision relating to authorizations and
apportionment of funds for fiscal years ending Sept. 30, 1983, through
Sept. 30, 1986, and relating to substitute highway projects and
substitute transit projects for provision that there were authorized to
be appropriated for liquidation of the obligations incurred under this
paragraph such sums as might be necessary out of the general fund of the
Treasury.
Pub. L. 97-424, Sec. 107(a)(2), struck out sixth sentence and
substituted provisions relating to the period of availability of sums
apportioned under this paragraph and of sums available for obligation
and the disposition of funds apportioned to a State and unobligated for
provision that the sums available for obligation would remain available
until obligated.
Pub. L. 97-424, Sec. 107(b), inserted at end provision that any
route or segment thereof which was statutorily designed after March 7,
1978, to be on the Interstate System shall not be eligible for
withdrawal or substitution under this subsection.
Pub. L. 97-424, Sec. 107(c)(1)(A), inserted ``or up to and including
the 1983 interstate cost estimate, whichever is earlier,'' after
``approved by Congress,'' and before ``subject to increase or decrease''
in provision in second sentence relating to the action of the Secretary
in withdrawing his approval under this paragraph.
Pub. L. 97-424, Sec. 107(c)(1)(B), struck out ``the date of
enactment of the Federal-Aid Highway Act of 1976 or'' after ``portion
thereof as of'', and ``whichever is later, and in accordance with the
design of the route or portion thereof that is the basis of the latest
cost estimate'' after ``substitute project under this paragraph,'' in
provision in second sentence relating to the action of the Secretary in
withdrawing his approval under this paragraph.
Pub. L. 97-424, Sec. 107(c)(1)(C), inserted ``or the date of
approval of the 1983 interstate cost estimate, whichever is earlier,''
after ``approval of each substitute project under this paragraph'' in
provision in second sentence relating to the action of the Secretary in
withdrawing his approval under this paragraph.
Pub. L. 97-424, Sec. 107(d), inserted provision in third sentence
that except with respect to any route which on May 12, 1982, is under
judicial injunction prohibiting its construction the Secretary may
approve substitute projects and withdrawals on such route until Sept.
30, 1985.
Pub. L. 97-424, Sec. 107(e)(1), struck out ``which is within an
urbanized area or which passes through and connects urbanized areas
within a State and'' after ``portion thereof on the Interstate System''
in first sentence.
Pub. L. 97-424, Sec. 107(e)(2), substituted ``which will serve the
area or areas from which the interstate route or portion thereof was
withdrawn, which are selected by the responsible local officials of the
area or areas to be served, and which are selected by the Governor or
the Governors of the State or the States in which the withdrawn route
was located if the withdrawn route was not within an urbanized area or
did not pass through and connect urbanized areas, and which are
submitted by the Governors of the States in which the withdrawn route
was located'', for ``which will serve the urbanized area and the
connecting nonurbanized area corridor from which the interstate route or
portion thereof was withdrawn, which are selected by the responsible
local officials of the urbanized area or area to be served, and which
are submitted by the Governor of the State in which the withdrawn route
was located'', after ``section 103 of this title; or both,'' in second
sentence.
1979--Subsec. (e)(4). Pub. L. 96-144 provided that after Sept. 30,
1979, the Secretary shall not withdraw his approval under par. (4) of
any route or portion thereof on the Interstate System open to traffic
before the date of the proposed withdrawal, and that any withdrawal of
approval of any such route or portion thereof before Sept. 30, 1979, is
determined to be authorized by par. (4).
Pub. L. 96-106, Sec. 1, inserted provision that the preceding
sentence not apply to a designation made under section 139 of this
title.
Subsec. (e)(5). Pub. L. 96-106, Sec. 2(a), inserted ``, in the case
of any withdrawal of approval before November 6, 1978'' after ``any
other provision of law''.
Subsec. (e)(6) to (9). Pub. L. 96-106, Sec. 2(c), added pars. (6)
and (7) and redesignated former pars. (6) and (7) as (8) and (9),
respectively.
1978--Subsec. (e)(2). Pub. L. 95-599, Sec. 107(a)(1), substituted
provisions relating to the deadline for designation of Interstate routes
for provisions relating to maximum costs of all mileage and granting of
preferences.
Subsec. (e)(4). Pub. L. 95-599, Sec. 107(a)(2), (b), (f)(1)(A),
substituted provision setting the maximum Federal share at 85 per cent
of the cost of the substitute project for provision stating that the
share would be determined in accordance with section 120 of this title,
inserted provisions relating to deadline for approval by Secretary and
designation of mileage, and struck out provision relating to withdrawal
of approval.
Subsec. (e)(5) to (7). Pub. L. 95-599, Sec. 107(f)(1)(B), (C),
redesignated par. (5) as (7) and added pars. (5) and (6).
1976--Subsec. (e)(2). Pub. L. 94-280, Secs. 109(a), 111(a), struck
out from second sentence ``prior to the enactment of this paragraph''
after ``with this title,'' and in fourth sentence, substituted provision
respecting limitation of cost to United States for aggregate of mileage
for route withdrawals which read as follows: ``or if the cost of any
such withdrawn route was not included in such 1972 Interstate System
cost estimate, the cost of such withdrawn route as set forth in the last
Interstate System cost estimate before such 1972 cost estimate which was
approved by Congress and which included the cost of such withdrawn
route, increased or decreased, as the case may be, as determined by the
Secretary, based on changes in construction costs of such route or
portion thereof, which, (i) in the case of a withdrawn route the cost of
which was not included in the 1972 cost estimate but in an earlier cost
estimate, have occurred between such earlier cost estimate and the date
of enactment of the Federal-Aid Highway Act of 1976, and (ii) in the
case of a withdrawn route the cost of which was included in the 1972
cost estimate, have occurred between the 1972 cost estimate and the date
of enactment of the Federal-Aid Highway Act of 1976, or the date of
withdrawal of approval, whichever date is later, and in each case costs
shall be based on that design of such route or portion thereof which is
the basis of the applicable cost estimate'' for ``increased or
decreased, as the case may be, as determined by the Secretary, based on
changes in construction costs of such route or portion thereof as of the
date of withdrawal of approval under this paragraph and in accordance
with that design of such route or portion thereof which is the basis of
such 1972 cost estimate.''
Subsec. (e)(4). Pub. L. 94-280, Sec. 110(a), in revising par. (4),
substituting provisions set out in text for prior provisions set out in
note hereunder, among other changes: authorized the Secretary to
withdraw approval of route or portion thereof on Interstate System which
passes through and connects urbanized areas within a State and to incur
obligations for Federal share of projects authorized under any highway
assistance program under section 103 of this title; provided for
determination of Federal share of substitute projects as provided in
section 120 of this title applicable to the highway program of which the
substitute project is a part; made specific reference to section 4 of,
for prior general reference to, Urban Mass Transportation Act of 1964,
as source of Federal share for mass transit projects; authorized sums
available for obligation to remain available until obligated; made sums
obligated for mass transit projects part of, to be administered through,
Urban Mass Transportation Fund; authorized appropriations out of general
fund of the Treasury for liquidation of obligations incurred under this
paragraph; made amended par. (4) effective Aug. 13, 1973; and deleted
provisions making route withdrawn mileage available for designation on
Interstate System in any other State, prohibition against obligation
under this paragraph of general funds after June 30, 1981, and
requirement that for nonhighway public mass transit project, the
Secretary receive State assurance that public mass transportation system
will fully utilize the proposed project.
Pub. L. 94-280, Sec. 110(b), inserted provision for application of
sums to a permissible transportation project when paid to a State for a
route or portion of the Interstate System in event of withdrawal of
approval for the route or portion instead of making of refund to Highway
Trust Fund.
Subsec. (e)(5). Pub. L. 94-280, Sec. 109(b), added par. (5).
1975--Subsec. (e)(2), (4). Pub. L. 93-643 inserted ``, increased or
decreased, as the case may be, as determined by the Secretary, based on
changes in construction costs of such route or portion thereof as of the
date of withdrawal of approval under this paragraph and in accordance
with that design of such route or portion thereof which is the basis of
such 1972 cost estimate'' after ``House Report Numbered 92-1443''.
1973--Subsec. (b). Pub. L. 93-87, Sec. 148(a), designated existing
provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 93-87, Sec. 148(b), (e), designated existing
provisions as par. (1), inserted ``access roads to airports,'' after
``local rural roads'', and added par. (2).
Subsec. (d)(1). Pub. L. 93-87, Secs. 109(a), 148(c), authorized
establishment of Federal-aid urban system in such other urban areas as
the State highway department may designate, substituted ``shall include
high traffic volume arterial and collector routes, including access
roads to airports and other transportation terminals'' for ``designed
taking into consideration the highest traffic volume corridors, and the
longest trips within such area and shall be selected so as to best serve
the goals and objectives of the community as determined by the
responsible local officials of such urbanized area based upon the
planning process required pursuant to the provisions of section 134 of
this title'', reenacted third sentence without change, inserted ``to the
extent feasible'' in the text reading ``Each route of the system to the
extent feasible shall connect with another route'', substituted ``Routes
. . . shall be selected by the appropriate local officials so as to
serve the goals and objectives of the community, with the concurrence of
the State highway departments, and, in urbanized areas, also in
accordance with the planning process under section 134 of this title''
for ``Routes . . . shall be selected by the appropriate local officials
and the State highway departments in cooperation with each other subject
to the approval of the Secretary as provided in subsection (f) of this
section'', and inserted preceding last sentence ``Designation of the
Federal-aid urban system shall be subject to the approval of the
Secretary as provided in subsection (f) of this section'', and
designated provisions, as amended, as par. (1), respectively.
Subsec. (d)(2). Pub. L. 93-87, Sec. 148(c), added par. (2).
Subsec. (e)(2). Pub. L. 93-87, Sec. 137(a), substituted in first
sentence ``additional mileage for the Interstate System of five hundred
miles'' for ``additional mileage for the Interstate System of two
hundred miles''; in fourth sentence ``1972 Interstate System cost
estimate set forth in House Public Works Committee Print Numbered 92-29,
as revised in House Report Numbered 92-1443'' for ``1968 Interstate
System cost estimate set forth in House Document Numbered 199, Ninetieth
Congress, as revised''; and in fifth sentence ``preference, along with
due regard for interstate highway type needs on a nationwide basis,''
for ``due regard'', respectively.
Subsec. (e)(4). Pub. L. 93-87, Sec. 137(b), added par. (4).
Subsec. (g). Pub. L. 93-87, Sec. 110(a), substituted first sentence
reading ``the Secretary, on July 1, 1974, shall remove from designation
as a part of the Interstate System each segment of such system for which
a State has not notified the Secretary that such State intends to
construct such segment, and which the Secretary finds is not essential
to completion of a unified and connected Interstate System.'' for ``The
Secretary, on July 1, 1973, shall remove from designation as a part of
the Interstate System every segment of such System for which a State has
not established a schedule for the expenditure of funds for completion
of construction of such segment within the period of availability of
funds authorized to be appropriated for completion of the Interstate
System, and with respect to which the State has not provided the
Secretary with assurances satisfactory to him that such schedule will be
met.''; deleted former second sentence reading ``Nothing in the
preceding sentence shall be construed to prohibit the substitution prior
to July 1, 1973, of alternative segments of the Interstate System which
will meet the requirements of this title.''; substituted ``Any segment
of the Interstate System, with respect to which a State has not
submitted by July 1, 1975, a schedule for the expenditure of funds for
completion of construction of such segment or alternative segment within
the period of availability of funds authorized to be appropriated for
completion of the Interstate System, and with respect to which the State
has not provided the Secretary with assurances satisfactory to him such
schedule will be met,'' for ``Any segment of the Interstate System with
respect to which a State has not submitted plans, specifications, and
estimates for approval by the Secretary by July 1, 1975,'' before
``shall be removed from designation as a part of the Interstate
System''; authorized the Secretary to designate as a part of the
Interstate System any segment previously removed from the System when
necessary in the interest of national defense or for other reasons of
national interest; and made subsec. (g) inapplicable to any segment of
the Interstate System referred to in section 23(a) of the Federal-Aid
Highway Act of 1968.
Subsec. (h). Pub. L. 93-87, Sec. 110(b), added subsec. (h).
1970--Subsec. (a). Pub. L. 91-605, Sec. 106(b)(3), substituted
``four'' for ``three'' and added the urban system to the list of
Federal-aid systems.
Subsecs. (b), (c). Pub. L. 91-605, Sec. 106(b)(1), substituted
``subsection (f)'' for ``subsection (e)''.
Subsecs. (d), (e). Pub. L. 91-605, Sec. 106(b)(1), added subsec.
(d), redesignated former subsec. (d) as (e) and substituted ``subsection
(f)'' for ``subsection (e)''. Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 91-605, Sec. 106(b)(1), (2), redesignated
former subsec. (e) as (f) and inserted reference to Federal-aid urban
system.
Subsec. (g). Pub. L. 91-605, Sec. 124, added subsec. (g).
1968--Subsec. (d)(1). Pub. L. 90-495, Sec. 14(a), inserted provision
making allowance for an exception in pars. (2) and (3) to the forty-one
thousand mile total extent of the Interstate system.
Subsec. (d)(2). Pub. L. 90-495, Sec. 21, substituted ``1968
Interstate System cost estimate set forth in House Document Numbered
199, Ninetieth Congress, as revised'' for ``1965 Interstate System cost
estimate set forth in House Document Numbered 42, Eighty-ninth
Congress''.
Subsec. (d)(3). Pub. L. 90-495, Sec. 14(b), added par. (3).
Subsec. (d). Pub. L. 90-238 redesignated existing provision as par.
(1) and added par. (2).
1962--Subsec. (c). Pub. L. 87-866 substituted ``This system may be
located both in rural and urban areas, but any extension of the system
into urban areas shall be subject to the condition that such extension
pass through the urban area or connect with another Federal-aid system
within the urban area'' for ``This system shall be confined to rural
areas, except (1) that in any State having a population density of more
than two hundred per square mile as shown by the latest available
Federal census, the system may include mileage in urban areas as well as
rural, and (2) that the system may be extended into urban areas subject
to the conditions that any such extension passes through the urban area
or connects with another Federal-aid system within the urban area, and
that Federal participation in projects on such extensions is limited to
urban funds''.
1960--Subsec. (d). Pub. L. 86-624, Sec. 17(c), substituted ``within
the United States, including the District of Columbia, and'' for
``within the continental United States and'', and inserted ``to the
greatest extent possible'' in two places.
1959--Subsec. (f). Pub. L. 86-70 repealed subsec. (f) which related
to determination of roads in the Territory of Alaska on which Federal-
aid funds could be expended.
Subsec. (g). Pub. L. 86-624, Sec. 17(b), repealed subsec. (g) which
provided that the systems of highways on which funds apportioned to the
Territory of Hawaii under this chapter shall be expended may be
determined and agreed upon by the Governor of said Territory and the
Secretary.
Effective Date of 1994 Amendment
Section 7(a) of Pub. L. 103-429 provided in part that the amendment
made by that section is effective July 5, 1994.
Effective Date of 1991 Amendment
Amendment by sections 1006 and 1011 of 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 1978 Amendment
Section 107(c) of Pub. L. 95-599 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall apply to
each route or portion thereof designated under section 103(e)(2) of
title 23, United States Code, before January 1, 1978, the construction
of which was not complete on such date, and the Secretary of
Transportation shall make such revisions in existing contracts and
agreements as may be necessary to carry out this section and the
amendment made by subsection (a) of this section.''
Section 107(f)(2) of Pub. L. 95-599, which provided that the
amendments made by section 107(f)(1) of Pub. L. 95-599 to this section
apply to any withdrawal of approval before Nov. 6, 1978, was repealed by
Pub. L. 96-106, Sec. 2(b), Nov. 9, 1979, 93 Stat. 796.
Effective Date of 1973 Amendment
Section 110(c) of Pub. L. 93-87 provided that: ``The amendments made
by subsections (a) and (b) of this section [amending this section] shall
take effect June 30, 1973.''
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section 37
of Pub. L. 90-495, set out as a note under section 101 of this title.
Effective Date of 1962 Amendment
Section 8(b) of Pub. L. 87-866 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall apply to
apportionments made before as well as after the date of enactment of
this Act [Oct. 23, 1962].''
Effective Date of 1959 Amendment
Section 21(d) of Pub. L. 86-70 provided that the repeal of subsec.
(f) of this section, sections 116(d), 119, and 120(h) of this title, and
sections 321a to 321d and 322 to 325 of Title 48, Territories and
Insular Possessions, is effective July 1, 1959.
Administration of National Highway System and Interstate Maintenance
Program
Pub. L. 105-178, title I, Sec. 1106(a), June 9, 1998, 112 Stat. 131,
provided that: ``The Secretary shall administer the National Highway
System program and the Interstate Maintenance program as a combined
program for purposes of allowing States maximum flexibility. References
in this Act [see Tables for classification] and title 23, United States
Code, shall not be affected by such consolidation.''
Unobligated Balances of Interstate Substitute Funds
Pub. L. 105-178, title I, Sec. 1106(b), June 9, 1998, 112 Stat. 136,
provided that: ``Unobligated balances of funds apportioned to a State
under section 103(e)(4)(H) of title 23, United States Code (as in effect
on the day before the date of enactment of this Act [June 9, 1998]),
shall be available for obligation by the State under the law (including
regulations, policies, and procedures) relating to the obligation and
expenditure of the funds in effect on that date.''
Intermodal Freight Connectors Study
Pub. L. 105-178, title I, Sec. 1106(d), June 9, 1998, 112 Stat. 136,
provided that:
``(1) Report.--Not later than 2 years after the date of enactment of
this Act [June 9, 1998], the Secretary shall--
``(A) review the condition of and improvements made, since the
designation of the National Highway System, to connectors on the
National Highway System that serve seaports, airports, and other
intermodal freight transportation facilities; and
``(B) report to Congress on the results of such review.
``(2) Review.--In preparing the report, the Secretary shall review
the connectors and identify projects carried out on those connectors
that were intended to provide and improve service to an intermodal
facility referred to in paragraph (1) and to facilitate the efficient
movement of freight, including movements of freight between modes.
``(3) Identification of impediments.--If the Secretary determines on
the basis of the review that there are impediments to improving the
connectors serving intermodal facilities referred to in paragraph (1),
the Secretary shall identify such impediments and make any appropriate
recommendations as part of the Secretary's report to Congress under this
subsection.''
Functional Reclassification of Highways
Section 1006(c) of Pub. L. 102-240 provided that:
``(1) State action.--Each State shall functionally reclassify the
roads and streets in such State in accordance with such guidelines and
time schedule as the Secretary may establish in order to carry out the
objectives of this section [amending this section and sections 101, 104
and 113 of this title and enacting provisions set out as a note under
section 311 of this title], including the amendments made by this
section.
``(2) Approval and submission to congress.--Not later than September
30, 1993, the Secretary shall approve the functional reclassification of
roads and streets made by the States pursuant to this subsection and
shall submit a report to Congress containing such reclassification.
``(3) State defined.--In this subsection, the term `State' has the
meaning such term has under section 101 of title 23, United States Code,
and shall include the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Marianas.''
Apportionment Factors for Expenditures on Substitute Highway and Transit
Projects
Section 103(a) of Pub. L. 100-17 directed Secretary to apportion for
fiscal year 1987 the sums to be apportioned for such year under 22
U.S.C. 103(e)(4) for expenditure on substitute highway and transit
projects, using the apportionment factors contained in the Committee
Print Numbered 100-6 of the Committee on Public Works and Transportation
of the House of Representatives.
Substitute Transit Projects; Increase in Cost To Complete; Apportionment
Factors
Section 103(c) of Pub. L. 100-17 provided that:
``(1) Increase in cost to complete.--The cost of completing
substitute transit projects under section 103(e)(4)(B) of title 23,
United States Code, is increased by $100,000,000.
``(2) Apportionment factors.--Notwithstanding section 103(e)(4) of
such title, funds appropriated to carry out projects as a result of
enactment of paragraph (1) shall be made available in accordance with
the apportionment factors contained in the Committee Print Numbered 100-
2 of the Committee on Public Works and Transportation of the House of
Representatives.''
Combined Road Plan Demonstration Program; Report to Congressional
Committees
Section 137 of Pub. L. 100-17 directed Secretary, in cooperation
with up to 5 States, to conduct a combined road plan demonstration to
test feasibility of approaches for combining, streamlining, and
increasing flexibility in administration of Federal-aid secondary
program, Federal-aid urban program, and the off-system bridge, urban
bridge, and secondary bridge programs and to submit to Congress an
interim report on the program being carried out within 3 years after
Apr. 2, 1987, and a final report evaluating the effectiveness of the
demonstration program and making needed recommendations as soon as
practicable after completion of the demonstration.
Routes Withdrawn; Availability to Secretary of Sums Where Sums
Determined Are Less Than Cost of Completing Withdrawn Routes
Section 107(c)(2) of Pub. L. 97-424, as amended by Pub. L. 100-17,
title I, Sec. 103(f)(2), Apr. 2, 1987, 101 Stat. 142, provided that:
``Notwithstanding any other provision of law, with respect to any route
or portion thereof on the Interstate System approval of which is or has
been withdrawn under section 103(e)(4) of title 23, United States Code,
in any case where the sum determined under subparagraph (B) of such
section is less than the cost to complete the withdrawn route or portion
(in accordance with the design of such route or portion on the date of
such withdrawal) as of June 30, 1980, as a result of decreases in
construction costs, the sum which shall be available to the Secretary
under such subparagraph shall be an amount equal to such cost of
completion as of June 30, 1980.''
Withdrawal of Secretary's Approval of Route or Portion of Route on
Interstate System Between June 20, 1979, and June 30, 1979, Inclusive;
Substitution of Projects
Section 3 of Pub. L. 96-144 provided that: ``Notwithstanding the
amendment made to section 103(e)(4) of title 23, United States Code, by
the preceding section, in the case where the Secretary has withdrawn his
approval of a route or portion thereof on the Interstate System under
such section between June 20, 1979, and June 30, 1979, both dates
inclusive, the sum available to the Secretary of Transportation to incur
obligations for projects substituted for such withdrawn route or portion
thereof shall be a sum equal to the Federal share of the cost to
complete the withdrawn route or portion thereof, as that cost is
included in the 1975 Interstate System cost estimate, as approved by
Congress, subject to increase or decrease as determined by the Secretary
based on changes in the construction costs of the withdrawn route or
portion thereof as of the date of approval of each substitute project
under section 103(e)(4) of title 23, United States Code.''
Necessity of Environmental Impact Statement Prior to Route Construction
on The Dwight D. Eisenhower System of Interstate and Defense Highways
Section 107(d) of Pub. L. 95-599, as amended by Pub. L. 101-427,
Oct. 15, 1990, 104 Stat. 927, provided that: ``Notwithstanding any other
provision of law, including but not limited to section 103 of title 23,
United States Code and this section, no route or portion thereof shall
be constructed on The Dwight D. Eisenhower System of Interstate and
Defense Highways with respect to which an environmental impact statement
has not been submitted to the Secretary of Transportation in accordance
with the National Environmental Policy Act of 1969 [section 4321 et seq.
of Title 42, The Public Health and Welfare] by September 30, 1983. Any
such route or portion thereof shall thereupon be removed from
designation as part of such Interstate System.''
Time Limit for Commencement of, or Contract for, Construction; Removal
From Designation as Part of Interstate System
Section 107(e) of Pub. L. 95-599, as amended by Pub. L. 97-424,
title I, Sec. 107(g), Jan. 6, 1983, 96 Stat. 2103; Pub. L. 100-17, title
I, Sec. 103(d)(1), Apr. 2, 1987, 101 Stat. 141, provided that: ``By
September 30, 1986, all routes or portions thereof on the Interstate
System (for which the Secretary of Transportation finds that sufficient
Interstate authorizations are available) must be under contract for
construction or construction must have commenced. Immediately after such
date, the Secretary shall remove from designation as part of the
Interstate System each route or portion thereof not complying with this
subsection.''
[Section 103(d)(2) of Pub. L. 100-17 provided that: ``The amendments
made by paragraph (1) [amending section 107(e) of Pub. L. 95-599 set out
above] shall take effect September 29, 1986.'']
Interstate System Routes Withdrawn for Purpose of Designating
Alternative Routes as Subject to Route Withdrawal Provisions
Section 111(b) of Pub. L. 94-280 provided that: ``The amendment made
by subsection (a) of this section [to fourth sentence of subsec. (e)(2)
of this section] shall be applicable to each route on the Interstate
System approval of which was withdrawn or is hereafter withdrawn by the
Secretary of Transportation in accordance with the provisions of section
103(e)(2) of title 23, United States Code, including any route on the
Interstate System approval of which was withdrawn by the Secretary of
Transportation in accordance with the provisions of title 23, United
States Code, on August 30, 1965, for the purpose of designating an
alternative route.''
Interstate System Subsection (e)(4) Provisions in Effect Prior to
Amendment by Pub. L. 94-280, Sec. 110; Route Withdrawals Within
Urbanized Areas; Availability of Mileage in Other States; Public Mass
Transit Nonhighway Projects; General Funds Unavailable for Obligation
after June 30, 1981; Supplementary Funds; Urban Mass Transportation
Provisions Applicable
Section 103(e)(4) of this title, as added Pub. L. 93-87, title I,
Sec. 137(b), Aug. 13, 1973, 87 Stat. 269, and amended Pub. L. 93-643,
Sec. 125(b), Jan. 4, 1975, 88 Stat. 2290, read prior to amendment by
section 110 of Pub. L. 94-280 [set out in the text] as follows: ``Upon
the joint request of a State Governor and the local governments
concerned, the Secretary may withdraw his approval of any route or
portion thereof on the Interstate System within any urbanized area in
that State selected and approved in accordance with this title prior to
the enactment of this paragraph, if he determines that such route or
portion thereof is not essential to completion of a unified and
connected Interstate System or will no longer be essential by reason of
the application of this paragraph and will not be constructed as a part
of the Interstate System, and if he receives assurances that the State
does not intend to construct a toll road in the traffic corridor which
would be served by such route or portion thereof. The mileage of the
route or portion thereof approval of which is withdrawn under this
paragraph shall be available for designation on the Interstate System in
any other State in accordance with paragraph (1) of this subsection.
After the Secretary has withdrawn his approval of any such route or
portion thereof, whenever responsible local officials of such urbanized
area notify the State highway department that, in lieu of a route or
portion thereof approval for which is withdrawn under this paragraph,
their needs require a nonhighway public mass transit project involving
the construction of fixed rail facilities, or the purchase of passenger
equipment, including rolling stock for any mode of mass transit, or
both, and the State highway department determines that such public mass
transit project is in accordance with the planning process under section
134 of this title and is entitled to priority under such planning
process, such public mass transit project shall be submitted for
approval to the Secretary. Approval of the plans, specifications, and
estimates for such project by the Secretary shall be deemed a
contractual obligation of the United States for payment out of the
general funds in the Treasury of its proportional share of the cost of
such project in an amount equal to the Federal share which would be paid
for such a project under the Urban Mass Transportation Act of 1964
[section 1601 et seq. of Title 49, Transportation], except that the
total Federal cost of all such projects under this paragraph with
respect to such route or portion thereof approval of which is withdrawn
under this paragraph, shall not exceed the Federal share of the cost
which would have been paid for such route or portion thereof, as such
cost is included in the 1972 Interstate System cost estimate set forth
in table 5 of House Public Works Committee Print Numbered 92-29, as
revised in House Report Numbered 92-1443, increased or decreased, as the
case may be, as determined by the Secretary, based on changes in
construction costs of such route or portion thereof as of the date of
withdrawal of approval under this paragraph and in accordance with that
design of such route or portion thereof which is the basis of such 1972
cost estimate. Funds apportioned to such State for the Interstate
System, which apportionment is based upon an Interstate System cost
estimate that includes a route or portion thereof approval of which is
withdrawn under this paragraph, shall be reduced by an amount equal to
the Federal share of such project as such share becomes a contractual
obligation of the United States. No general funds shall be obligated
under authority of this paragraph after June 30, 1981. No nonhighway
public mass transit project shall be approved under this paragraph
unless the Secretary has received assurances satisfactory to him from
the State that public mass transportation systems will fully utilize the
proposed project. The provision of assistance under this paragraph shall
not be construed as bringing within the application of chapter 15 of
title 5, United States Code [section 1501 et seq. of Title 5, Government
Organization and Employees], any nonsupervisory employee of an urban
mass transportation system (or of any other agency or entity performing
related functions) to whom such chapter is otherwise inapplicable. Funds
available for expenditure to carry out the purposes of this paragraph
shall be supplementary to and not in substitution for funds authorized
and available for obligation pursuant to the Urban Mass Transportation
Act of 1964, as amended [section 1601 et seq. of Title 49,
Transportation]. The provisions of section 3(e)(4) of the Urban Mass
Transportation Act of 1964, as amended, [section 1602 (e)(4) of Title
49], shall apply in carrying out this paragraph.''
Basis of Federal-Aid Systems Realignment
Section 148(d) of Pub. L. 93-87 provided that: ``Federal-aid systems
realignment shall be based upon anticipated functional usage in the year
1980 or a planned connected system.''
Section Referred to in Other Sections
This section is referred to in sections 101, 104, 115, 119, 127 of
this title; title 49 sections 5309, 5323, 5327, 5331.
