§ 215. — Territories highway development program.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 23USC215]
TITLE 23--HIGHWAYS
CHAPTER 2--OTHER HIGHWAYS
Sec. 215. Territorial highway program
(a) Recognizing the mutual benefits that will accrue to the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands, and to the United States from the improvement of
highways in such territories of the United States, the Secretary is
authorized to assist each such territorial government in a program for
the construction and improvement of a system of arterial highways, and
necessary interisland connectors designated by the Governor of such
territory and approved by the Secretary. Federal financial assistance
shall be granted under this subsection to such territories upon the
basis of a Federal contribution of 100 per centum of the cost of any
project.
(b) In order to establish a long-range highway development program,
the Secretary is authorized to provide technical assistance for the
establishment of an appropriate agency to administer on a continuing
basis highway planning, design, construction and maintenance operations,
the development of a system of arterial and collector highways,
including necessary interisland connectors, and the establishment of
advance acquisition of right-of-way and relocation assistance programs.
(c) No part of the appropriations authorized under this section
shall be available for obligation or expenditure with respect to any
territory until the Governor enters into an agreement with the Secretary
providing that the government of such territory (1) will design and
construct a system of arterial and collector highways, including
necessary interisland connectors, built in accordance with standards
approved by the Secretary; (2) will not impose any toll, or permit any
such toll to be charged, for use by vehicles or persons of any portion
of the facilities constructed or operated under the provisions of this
section; (3) will provide for the maintenance of such facilities in a
condition to adequately serve the needs of present and future traffic;
(4) will implement standards for traffic operations and uniform traffic
control devices which are approved by the Secretary.
(d)(1) Three per centum of the sums authorized to be appropriated
for each fiscal year for carrying out subsection (a) of this section
shall be available for expenditure only for engineering and economic
surveys and investigations, for the planning of future highway programs
and the financing thereof, for studies of the economy, safety, and
convenience of highway usage and the desirable regulation and equitable
taxation thereof, and for research and development, necessary in
connection with the planning, design, and maintenance of the highway
system, and the regulation and taxation of their use.
(2) In addition to the percentage provided in paragraph (1) of the
subsection, not to exceed 2 per centum of sums authorized to be
appropriated for each fiscal year for carrying out subsection (a) of
this section may be expended upon request of the Governor and with the
approval of the Secretary for the purposes enumerated in paragraph (1)
of this subsection.
(e) None of the funds authorized to be appropriated for carrying out
this section shall be obligated or expended for maintenance of the
highway system.
(f) The provisions of chapter 1 of this title that are applicable to
Federal-aid primary highway funds, other than provisions relating to the
apportionment formula and provisions limiting the expenditure of such
funds to the Federal-aid systems, shall apply to the funds authorized to
be appropriated to carry out this section, except as determined by the
Secretary to be inconsistent with this section.
(Added Pub. L. 91-605, title I, Sec. 112(a), Dec. 31, 1970, 84 Stat.
1720; amended Pub. L. 95-599, title I, Sec. 129(f), Nov. 6, 1978, 92
Stat. 2708; Pub. L. 96-106, Sec. 9, Nov. 9, 1979, 93 Stat. 798; Pub. L.
100-17, title I, Sec. 133(b)(16), Apr. 2, 1987, 101 Stat. 172.)
Amendments
1987--Subsec. (a). Pub. L. 100-17 inserted reference in first
sentence to Commonwealth of the Northern Mariana Islands.
1979--Subsec. (f). Pub. L. 96-106 substituted ``chapter 1'' for
``chapters 1 and 5''.
1978--Subsec. (a). Pub. L. 95-599 substituted ``100 per centum'' for
``70 per centum''.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-599 effective with respect to obligations
incurred after Nov. 6, 1978, see section 129(h) of Pub. L. 95-599, set
out as a note under section 120 of this title.
Authorization of Appropriations for Fiscal Years Ending September 30,
1979, 1980, and 1982
Pub. L. 95-599, title I, Sec. 104(a)(12), Nov. 6, 1978, 92 Stat.
2691, provided that: ``For carrying out section 215(a) of title 23,
United States Code--
``(A) for the Virgin Islands, not to exceed $5,000,000 per
fiscal year for each of the fiscal years ending September 30, 1979,
September 30, 1980, September 30, 1981, and September 30, 1982.
``(B) for Guam, not to exceed $5,000,000 per fiscal year for
each of the fiscal years ending September 30, 1979, September 30,
1980, September 30, 1981, and September 30, 1982.
``(C) for American Samoa, not to exceed $1,000,000 per fiscal
year for each of the fiscal years ending September 30, 1979,
September 30, 1980, September 30, 1981, and September 30, 1982.
``Sums authorized by this paragraph shall be available for
obligation at the beginning of the period for which authorized in the
same manner and to the same extent as if such sums were apportioned
under chapter 1 of title 23, United States Code.''
Authorization of Appropriations, Three-Month Period Ending September 30,
1976, and Fiscal Years Ending September 30, 1977, and 1978
Pub. L. 94-280, title I, Sec. 105(a)(12), May 5, 1976, 90 Stat. 427,
authorized the appropriation of not to exceed $1,250,000 for the Virgin
Islands and Guam and not to exceed $250,000 for American Samoa for the
three-month period ending Sept. 30, 1976, and not to exceed $5,000,000
for the Virgin Islands and Guam and not to exceed $1,000,000 for
American Samoa for the fiscal years ending Sept. 30, 1977, and 1978,
such sums to be available for obligation at the beginning of the fiscal
year for which authorized.
Authorization of Appropriations, Fiscal Years Ending June 30, 1974,
1975, and 1976
Pub. L. 93-87, title I, Sec. 104(a)(12), Aug. 13, 1973, 87 Stat.
252, authorized the appropriation for each of fiscal years ending June
30, 1974, 1975, and 1976 of not to exceed $5,000,000 for the Virgin
Islands, not to exceed $2,000,000 for Guam, and not to exceed $1,000,000
for American Samoa, such sums to be available for obligation at the
beginning of the fiscal year for which authorized.
Authorization of Appropriations, Fiscal Years Ending June 30, 1971,
1972, and 1973
Section 112(c), (d) of Pub. L. 91-605 authorized the appropriation
of not to exceed $2,000,000 for each of fiscal years ending June 30,
1971, 1972, and 1973, for the Virgin Islands and Guam, and $500,000 for
American Samoa, to carry out section 215(a) of this title; the sums
appropriated for fiscal 1971 to be made available immediately and sums
appropriated for fiscal 1972 and 1973 to be available at the beginning
of the fiscal year for which authorized.
