§ 204. — Federal lands highways program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC204]
TITLE 23--HIGHWAYS
CHAPTER 2--OTHER HIGHWAYS
Sec. 204. Federal Lands Highways Program
(a) Establishment.--
(1) In general.--Recognizing the need for all Federal roads that
are public roads to be treated under uniform policies similar to the
policies that apply to Federal-aid highways, there is established a
coordinated Federal lands highways program that shall apply to
public lands highways, park roads and parkways, and Indian
reservation roads and bridges.
(2) Transportation planning procedures.--In consultation with
the Secretary of each appropriate Federal land management agency,
the Secretary shall develop, by rule, transportation planning
procedures that are consistent with the metropolitan and statewide
planning processes required under sections 134 and 135.
(3) Approval of transportation improvement program.--The
transportation improvement program developed as a part of the
transportation planning process under this section shall be approved
by the Secretary.
(4) Inclusion in other plans.--All regionally significant
Federal lands highways program projects--
(A) shall be developed in cooperation with States and
metropolitan planning organizations; and
(B) shall be included in appropriate Federal lands highways
program, State, and metropolitan plans and transportation
improvement programs.
(5) Inclusion in state programs.--The approved Federal lands
highways program transportation improvement program shall be
included in appropriate State and metropolitan planning organization
plans and programs without further action on the transportation
improvement program.
(6) Development of systems.--The Secretary and the Secretary of
each appropriate Federal land management agency shall, to the extent
appropriate, develop by rule safety, bridge, pavement, and
congestion management systems for roads funded under the Federal
lands highways program.
(b) Funds available for public lands highways, park roads and
parkways, and Indian reservation roads shall be used by the Secretary
and the Secretary of the appropriate Federal land management agency to
pay for the cost of transportation planning, research, engineering, and
construction of the highways, roads, and parkways, or of transit
facilities within public lands, national parks, and Indian reservations.
In connection with activities under the preceding sentence, the
Secretary and the Secretary of the appropriate Federal land management
agency may enter into construction contracts and other appropriate
contracts with a State or civil subdivision of a State or Indian tribe.
In the case of Indian reservation roads, Indian labor may be employed in
such construction and improvement under such rules and regulations as
may be prescribed by the Secretary of the Interior. No ceiling on
Federal employment shall be applicable to construction or improvement of
Indian reservation roads. Funds available for each class of Federal
lands highways shall be available for any kind of transportation project
eligible for assistance under this title that is within or adjacent to
or provides access to the areas served by the particular class of
Federal lands highways. The Secretary of Interior may reserve funds from
the Bureau of Indian Affairs' administrative funds associated with the
Indian reservation roads program to finance the Indian technical centers
authorized under section 504(b).
(c) Before approving as a project on an Indian reservation road any
project eligible for funds apportioned under section 104 or section 144
of this title in a State, the Secretary must determine that the
obligation of funds for such project is supplementary to and not in lieu
of the obligation, for projects on Indian reservation roads, of a fair
and equitable share of funds apportioned to such State under section 104
of this title. Notwithstanding any other provision of this title, Indian
reservation roads under the jurisdiction of the Bureau of Indian Affairs
of the Department of the Interior shall be eligible to expend not more
than 15 percent funds \1\ apportioned for Indian reservation roads from
the Highway Trust Fund for the purpose of road sealing projects. The
Bureau of Indian Affairs shall continue to retain responsibility,
including annual funding request responsibility, for road maintenance
programs on Indian reservations.
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\1\ So in original. Probably should be ``of funds''.
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(d) Cooperation of States, counties, or other local subdivisions may
be accepted in construction and improvement, and any funds received from
a State, county, or local subdivision shall be credited to
appropriations available for the class of Federal lands highways to
which such funds were contributed.
(e) Construction of each project shall be performed by contract
awarded by competitive bidding, unless the Secretary or the Secretary of
the appropriate Federal land management agency shall affirmatively find
that, under the circumstances relating to such project, some other
method is in the public interest. Notwithstanding the foregoing, the
provisions of section 23 of the ``Buy Indian'' Act of June 25, 1910 (36
Stat. 891), and the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (88 Stat. 2205) shall apply
to all funds administered by the Secretary of the Interior which are
appropriated for the construction and improvement of Indian reservation
roads.
(f) All appropriations for the construction and improvement of each
class of Federal lands highways shall be administered in conformity with
regulations and agreements jointly approved by the Secretary and the
Secretary of the appropriate Federal land managing agency.
(g) The Secretary shall transfer to the Secretary of Agriculture
from appropriations for forest highways such amounts as may be needed to
cover necessary administrative expenses of the Forest Service in
connection with forest highways.
(h) Eligible Projects.--Funds available for each class of Federal
lands highways may be available for the following:
(1) Transportation planning for tourism and recreational travel
including the National Forest Scenic Byways Program, Bureau of Land
Management Back Country Byways Program, National Trail System
Program, and other similar Federal programs that benefit
recreational development.
(2) Adjacent vehicular parking areas.
(3) Interpretive signage.
(4) Acquisition of necessary scenic easements and scenic or
historic sites.
(5) Provision for pedestrians and bicycles.
(6) Construction and reconstruction of roadside rest areas
including sanitary and water facilities.
(7) Other appropriate public road facilities such as visitor
centers as determined by the Secretary.
(8) A project to build a replacement of the federally owned
bridge over the Hoover Dam in the Lake Mead National Recreation Area
between Nevada and Arizona.
(i) Transfers of Costs to Secretaries of Federal Land Management
Agencies.--
(1) Administrative costs.--The Secretary shall transfer to the
appropriate Federal land management agency from amounts made
available for public lands highways such amounts as are necessary to
pay necessary administrative costs of the agency in connection with
public lands highways.
(2) Transportation planning costs.--The Secretary shall transfer
to the appropriate Federal land management agency from amounts made
available for public lands highways such amounts as are necessary to
pay the cost to the agency to conduct necessary transportation
planning for Federal lands, if funding for the planning is not
otherwise provided under this section.
(j) Indian Reservation Roads Planning.--Up to 2 percent of funds
made available for Indian reservation roads for each fiscal year shall
be allocated to those Indian tribal governments applying for
transportation planning pursuant to the provisions of the Indian Self-
Determination and Education Assistance Act. The Indian tribal
government, in cooperation with the Secretary of the Interior, and as
appropriate, with a State, local government, or metropolitan planning
organization, shall carry out a transportation planning process in
accordance with subsection (a). Projects shall be selected by the Indian
tribal government from the transportation improvement program and shall
be subject to the approval of the Secretary of the Interior and the
Secretary.
(k) Refuge Roads.--
(1) In general.--Notwithstanding any other provision of this
title, funds made available for refuge roads shall be used by the
Secretary and the Secretary of the Interior only to pay the cost
of--
(A) maintenance and improvements of refuge roads;
(B) maintenance and improvements of eligible projects
described in paragraphs (2), (5), and (6) of subsection (h) that
are located in or adjacent to wildlife refuges; and
(C) administrative costs associated with such maintenance
and improvements.
(2) Contracts.--In carrying out paragraph (1), the Secretary and
the Secretary of the Interior, as appropriate, may enter into
contracts with a State or civil subdivision of a State or Indian
tribe as is determined advisable.
(3) Compliance with other law.--Funds made available for refuge
roads shall be used only for projects that are in compliance with
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd et seq.).
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 907; Pub. L. 97-424, title I,
Sec. 126(b), Jan. 6, 1983, 96 Stat. 2114; Pub. L. 100-17, title I,
Sec. 133(b)(13), (14), Apr. 2, 1987, 101 Stat. 172; Pub. L. 102-240,
title I, Secs. 1030, 1032(b), title VI, Sec. 6004(c), Dec. 18, 1991, 105
Stat. 1970, 1974, 2169; Pub. L. 105-178, title I, Sec. 1115(d), (e)(4),
title V, Sec. 5119(a), June 9, 1998, 112 Stat. 156, 158, 452.)
References in Text
Section 23 of the ``Buy Indian'' Act of June 25, 1910 (36 Stat.
861), referred to in subsec. (e), is classified to section 47 of Title
25, Indians.
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (j), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as
amended, which is classified principally to subchapter II (Sec. 450 et
seq.) of chapter 14 of Title 25, Indians. Section 7(b) of the Act is
classified to section 450e(b) of Title 25. For complete classification
of this Act to the Code, see Short Title note set out under section 450
of Title 25 and Tables.
The National Wildlife Refuge System Administration Act of 1966,
referred to in subsec. (k)(3), consists of sections 4 and 5 of Pub. L.
89-699, Oct. 15, 1966, 80 Stat. 927, as amended, and is classified to
sections 668dd and 668ee of Title 16, Conservation. For further details,
see Short Title note set out under section 668dd of Title 16.
Amendments
1998--Subsec. (a). Pub. L. 105-178, Sec. 1115(d)(1), added subsec.
(a) and struck out former subsec. (a) which read as follows:
``Recognizing the need for all Federal roads which are public roads to
be treated under the same uniform policies as roads which are on the
Federal-aid systems, there is established a coordinated Federal lands
highways program which shall consist of the public lands highways, park
roads, parkways, and Indian reservation roads as defined in section 101
of this title. The Secretary, in cooperation with the Secretary of the
Interior and the Secretary of Agriculture, shall develop appropriate
transportation planning procedures and safety, bridge, and pavement
management systems for roads funded under the Federal Lands Highway
Program. Notwithstanding any other provision of this title, no public
lands highway project may be undertaken in any State pursuant to this
section unless the State concurs in the selection and planning of the
project.''
Subsec. (b). Pub. L. 105-178, Secs. 1115(d)(2), 5119(a), substituted
``Funds available for public lands highways, park roads and parkways,
and Indian reservation roads shall be used by the Secretary and the
Secretary of the appropriate Federal land management agency to pay for
the cost of transportation planning, research, engineering, and
construction of the highways, roads, and parkways, or of transit
facilities within public lands, national parks, and Indian reservations.
In connection with activities under the preceding sentence, the
Secretary and the Secretary of the appropriate Federal land management
agency may enter into construction contracts and other appropriate
contracts with a State or civil subdivision of a State or Indian
tribe.'' for ``Funds available for public lands highways shall be used
by the Secretary to pay for the cost of planning, research, engineering
and construction thereof. Funds available for park roads, parkways, and
Indian reservation roads shall be used by the Secretary or the Secretary
of the Interior to pay for the cost of construction and improvement
thereof. In connection therewith, the Secretary and the Secretary of the
Interior, as appropriate, may enter into construction contracts and such
other contracts with a State or civil subdivision thereof or Indian
tribe as deemed advisable.'' and ``section 504(b)'' for ``section 326''.
Subsec. (e). Pub. L. 105-178, Sec. 1115(d)(3), substituted
``Secretary of the appropriate Federal land management agency'' for
``Secretary of the Interior'' in first sentence.
Subsec. (h)(8). Pub. L. 105-178, Sec. 1115(d)(4), added par. (8).
Subsec. (i). Pub. L. 105-178, Sec. 1115(d)(5), added subsec. (i) and
struck out heading and text of former subsec. (i). Text read as follows:
``The Secretary shall transfer to the Secretary of the Interior from the
appropriation for public land highways amounts as may be needed to cover
necessary administrative costs of the Bureau of Land Management in
connection with public lands highways.''
Subsec. (j). Pub. L. 105-178, Sec. 1115(d)(6), substituted second
sentence for former second sentence which read as follows: ``The Indian
tribal government, in cooperation with the Secretary of the Interior,
and, as may be appropriate, with a State, local government, or
metropolitan planning organization, shall develop a transportation
improvement program, that includes all Indian reservation road projects
proposed for funding.''
Subsec. (k). Pub. L. 105-178, Sec. 1115(e)(4), added subsec. (k).
1991--Subsec. (a). Pub. L. 102-240, Sec. 1032(b)(1), struck out
``forest highways,'' before ``public lands highways'' and inserted
provisions requiring Secretary, in cooperation with Secretaries of the
Interior and Agriculture, to develop transportation planning procedures
and safety, bridge, and pavement management systems for roads funded
under Federal Lands Highway Program, and provisions prohibiting public
lands highway projects from being undertaken in any State pursuant to
this section unless State concurs in selection and planning of project.
Subsec. (b). Pub. L. 102-240, Sec. 6004(c), inserted at end ``The
Secretary of Interior may reserve funds from the Bureau of Indian
Affairs' administrative funds associated with the Indian reservation
roads program to finance the Indian technical centers authorized under
section 326.''
Pub. L. 102-240, Sec. 1032(b)(2)(B), (C), struck out ``forest
highways and'' before ``public lands highways'' and inserted at end
``Funds available for each class of Federal lands highways shall be
available for any kind of transportation project eligible for assistance
under this title that is within or adjacent to or provides access to the
areas served by the particular class of Federal lands highways.''
Pub. L. 102-240, Sec. 1032(b)(2)(A), substituted ``planning,
research, engineering and construction thereof'' for ``construction and
improvements thereof'' and was executed by making the substitution for
the first reference to ``construction and improvement thereof'' to
reflect the probable intent of Congress.
Subsec. (c). Pub. L. 102-240, Secs. 1030, 1032(b)(3), substituted
``eligible for funds apportioned under section 104 or section 144 of
this title'' for ``on a Federal-aid system'' and inserted at end
``Notwithstanding any other provision of this title, Indian reservation
roads under the jurisdiction of the Bureau of Indian Affairs of the
Department of the Interior shall be eligible to expend not more than 15
percent funds apportioned for Indian reservation roads from the Highway
Trust Fund for the purpose of road sealing projects. The Bureau of
Indian Affairs shall continue to retain responsibility, including annual
funding request responsibility, for road maintenance programs on Indian
reservations.''
Subsecs. (h) to (j). Pub. L. 102-240, Sec. 1032(b)(4), added
subsecs. (h) to (j) and struck out former subsec. (h) which read as
follows: ``Funds available for each class of Federal lands highways
shall be available for adjacent vehicular parking areas and scenic
easements.''
1987--Subsec. (b). Pub. L. 100-17, Sec. 133(b)(13), inserted ``the
Secretary or'' after ``used by'' in second sentence.
Subsec. (e). Pub. L. 100-17, Sec. 133(b)(14), struck out ``of 1975''
after ``Education Assistance Act''.
1983--Pub. L. 97-424 substituted ``Federal Lands Highways Program''
for ``Forest highways'' in section catchline.
Subsecs. (a), (b). Pub. L. 97-424 added subsec. (a), redesignated
former subsec. (a) as (b), inserted reference to public lands highways,
inserted ``and improvement'' after ``construction'', inserted reference
to reservations, Indian tribes, and the Secretary of the Interior, and
inserted provision that funds available for park roads, parkways, and
Indian reservation roads shall be used by the Secretary of the Interior
to pay for the cost of construction and improvement thereof. Former
subsec. (b) redesignated (d).
Subsec. (c). Pub. L. 97-424 added subsec. (c). Former subsec. (c)
redesignated (e).
Subsec. (d). Pub. L. 97-424 redesignated former subsec. (b) as (d)
and substituted provision that cooperation may be accepted in
construction and improvement, and that any funds received from a State,
county, or local subdivision be credited to appropriations available for
the class of Federal lands highways to which such funds were
contributed, for provision that cooperation may be accepted but may not
be required by the Secretary. Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 97-424 redesignated former subsec. (c) as (e)
and substituted provisions relating to competitive bidding and
preference for Indians for provisions that construction estimated to
cost $5,000 or more per mile, exclusive of bridges, was to be advertised
and let to contract, that if such estimated cost was less than $5,000
per mile or if, after proper advertising, no acceptable bid was received
or the bids deemed excessive, the work might be done by the Secretary on
his own account, and that for such purpose, the Secretary might
purchase, lease, hire, rent, or otherwise obtain all necessary supplies,
materials, tools, equipment, and facilities required to perform the
work, and might pay wages, salaries, and other expenses for help
employed in connection with such work. Former subsec. (e) redesignated
(g).
Subsec. (f). Pub. L. 97-424 redesignated former subsec. (d) as (f),
inserted reference to each class of Federal lands highways and to
agreements, and substituted reference to the Secretary of the
appropriate Federal land management agency for reference to the
Secretary of Agriculture. Former subsec. (f) redesignated (h).
Subsec. (g). Pub. L. 97-424 redesignated former subsec. (e) as (g)
and substituted ``forest highways'' for ``forest-highway program''.
Subsec. (h). Pub. L. 97-424 redesignated former subsec. (f) as (h),
substituted reference to each class of Federal lands highways for
reference to forest highways, and reference to scenic easements for
reference to sanitary, water, and fire control facilities.
Effective Date of 1991 Amendment
Amendment by sections 1030 and 1032 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.
Section Referred to in Other Sections
This section is referred to in sections 104, 120, 138, 315 of this
title; title 16 section 460lll-14; title 41 section 252; title 49
section 303.
