§ 218. — Alaska Highway.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC218]
TITLE 23--HIGHWAYS
CHAPTER 2--OTHER HIGHWAYS
Sec. 218. Alaska Highway
(a) Recognizing the benefits that will accrue to the State of Alaska
and to the United States from the reconstruction of the Alaska Highway
from the Alaskan border to Haines Junction in Canada and the Haines
Cutoff Highway from Haines Junction in Canada to Haines, the Secretary
is authorized out of the funds appropriated for the purpose of this
section to provide for necessary reconstruction of such highway. Such
appropriations shall remain available until expended. Notwithstanding
any other provision of law, in addition to such funds, upon agreement
with the State of Alaska, the Secretary is authorized to expend on such
highway or the Alaska Marine Highway System any Federal-aid highway
funds apportioned to the State of Alaska under this title at a Federal
share of 100 per centum. Notwithstanding any other provision of law, any
obligation limitation enacted for fiscal year 1983 or for any other
fiscal year thereafter, including any portion of any other fiscal year
thereafter, prior to the date of the enactment of the Transportation
Equity Act for the 21st Century shall not apply to projects authorized
by the preceding sentence. No expenditures shall be made for the
construction of the portion of such highways that are in Canada until an
agreement has been reached by the Government of Canada and the
Government of the United States which shall provide, in part, that the
Canadian Government--
(1) will provide, without participation of funds authorized
under this title, all necessary right-of-way for the reconstruction
of such highways;
(2) will not impose any highway toll, or permit any such toll to
be charged for the use of such highways by vehicles or persons;
(3) will not levy or assess, directly or indirectly, any fee,
tax, or other charge for the use of such highways by vehicles or
persons from the United States that does not apply equally to
vehicles or persons of Canada;
(4) will continue to grant reciprocal recognition of vehicle
registration and drivers' licenses in accordance with agreements
between the United States and Canada; and
(5) will maintain such highways after their completion in proper
condition adequately to serve the needs of present and future
traffic.
(b) The survey and construction work undertaken in Canada pursuant
to this section shall be under the general supervision of the Secretary.
(Added Pub. L. 93-87, title I, Sec. 127(a)(1), Aug. 13, 1973, 87 Stat.
264; amended Pub. L. 94-147, Dec. 12, 1975, 89 Stat. 803; Pub. L. 97-
424, title I, Sec. 158, Jan. 6, 1983, 96 Stat. 2135; Pub. L. 105-277,
div. A, Sec. 101(g) [title III, Sec. 316], Oct. 21, 1998, 112 Stat.
2681-439, 2681-468.)
References in Text
The date of the enactment of the Transportation Equity Act for the
21st Century, referred to in subsec. (a), is the date of enactment of
Pub. L. 105-178, which was approved June 9, 1998.
Amendments
1998--Subsec. (a). Pub. L. 105-277, Sec. 101(g) [title III,
Sec. 316(1)(A)], substituted ``to Haines'' for ``to the south Alaskan
border'' in first sentence, substituted ``such highway or the Alaska
Marine Highway System'' for ``such highway'' in third sentence,
substituted ``any other fiscal year thereafter, including any portion of
any other fiscal year thereafter, prior to the date of the enactment of
the Transportation Equity Act for the 21st Century'' for ``any other
fiscal year thereafter'' in fourth sentence, substituted ``construction
of the portion of such highways that are in Canada until an agreement''
for ``construction of such highways until an agreement'' in fifth
sentence.
Subsec. (b). Pub. L. 105-277, Sec. 101(g) [title III, Sec. 316(2)],
inserted ``in Canada'' after ``undertaken''.
1983--Subsec. (a). Pub. L. 97-424 inserted provision that
notwithstanding any other provision of law, upon agreement with the
State of Alaska, the Secretary is authorized to expend on the highway
any Federal-aid highway funds apportioned to the State of Alaska under
this title at a Federal share of 100 per centum, and that any obligation
limitation enacted for fiscal year 1983 or for any other fiscal year
thereafter shall not apply to such projects.
1975--Subsec. (a)(1). Pub. L. 94-147 struck out provision requiring
that the right-of-way granted by the Canadian Government shall forever
be held inviolate as part of such highways in public use.
Alaskan Roads Study; Investigation; Report to Congress
Pub. L. 94-280, title I, Sec. 151, May 5, 1976, 90 Stat. 448,
provided that:
``(a) The Secretary of Transportation is authorized to undertake an
investigation and study to determine the cost of, and the responsibility
for, repairing the damage to Alaska highways that has been or will be
caused by heavy truck traffic during construction of the trans-Alaska
pipeline and to restore them to proper standards when construction is
complete. The Secretary of Transportation shall report his initial
findings to the Congress on or before September 30, 1976, and his final
conclusions on rebuilding costs no later than three months after
completion of pipeline construction.
``(b) There is hereby authorized to be appropriated, out of any
money in the Treasury not otherwise appropriated, to be available until
expended, the sum of $200,000 for the purpose of making the study
authorized by subsection (a) of this section.''
Appropriations Authorization
Section 127(b) of Pub. L. 93-87 provided that: ``For the purpose of
completing necessary reconstruction of the Alaska Highway from the
Alaskan border to Haines Junction in Canada and the Haines Cutoff
Highway from Haines Junction in Canada to the south Alaskan border there
is authorized to be appropriated the sum of $58,670,000 to be expended
in accordance with the provisions of section 218 of title 23 of the
United States Code.''
