23 U.S.C. § 101 — Definitions and declaration of policy

Page 4 TITLE 23—HIGHWAYS § 101 Dec. 18, 1991, 105 Stat. 1930, 1933, 1934, 1942, 1946, 1962, 1965, 1973, substituted ‘‘Program efficiencies’’ for ‘‘Au- thorizations’’ in item 102, substituted ‘‘maintenance program’’ for ‘‘System resurfacing’’ in item 119, added item 133, substituted ‘‘Metropolitan planning’’ for ‘‘Transportation planning in certain urban areas’’ in item 134, substituted ‘‘Statewide planning’’ for ‘‘Traffic operations improvement programs’’ in item 135, sub- stituted ‘‘Congestion mitigation and air quality im- provement program’’ for ‘‘Truck lanes’’ in item 149, and added items 153 and 160. Pub. L. 102–143, title III, § 333(b), (c), Oct. 28, 1991, 105 Stat. 947, added item 159 and repealed Pub. L. 101–516, § 333(b), which added former item 159. See 1990 Amend- ment note below. 1990—Pub. L. 101–516, title III, § 333(b), Nov. 5, 1990, 104 Stat. 2186, which added item 159, was repealed by Pub. L. 102–143, title III, § 333(c), Oct. 28, 1991, 105 Stat. 947. Section 333(d) of Pub. L. 102–143 provided that the amendments made by section 333 of Pub. L. 101–516 shall be treated as having not been enacted into law. 1987—Pub. L. 100–17, title I, §§ 113(d)(2), 114(e)(5), 125(b)(1), 126(b), 133(b)(1), Apr. 2, 1987, 101 Stat. 150, 153, 167, 171, substituted ‘‘Advance construction’’ for ‘‘Con- struction by States in advance of apportionment’’ in item 115, and ‘‘Availability of funds’’ for ‘‘Availability of sums apportioned’’ in item 118, struck out ‘‘and width’’ after ‘‘Vehicle weight’’ in item 127, substituted ‘‘Carpool and vanpool projects’’ for identical words in item 146, ‘‘National bridge inspection program’’ for ‘‘Pavement marking demonstration program’’ in item 151, and ‘‘Income from airspace rights-of-way’’ for ‘‘Highways crossing Federal projects’’ in item 156. 1984—Pub. L. 98–363, § 6(b), July 17, 1984, 98 Stat. 437, added item 158. 1983—Pub. L. 97–424, title I, § 119(c), Jan. 6, 1983, 96 Stat. 2111, substituted ‘‘Nondiscrimination’’ for ‘‘Equal employment opportunity’’ in item 140. Pub. L. 97–424, title I, § 150(b), Jan. 6, 1983, 96 Stat. 2132, added item 157. 1978—Pub. L. 95–599, §§ 116(c), 124(b), 168(c), Nov. 6, 1978, 92 Stat. 2699, 2705, 2723, substituted ‘‘Interstate System resurfacing’’ for ‘‘Repealed’’ in item 119, ‘‘High- way bridge replacement and rehabilitation program’’ for ‘‘Special bridge replacement program’’ in item 144, ‘‘Hazard elimination program’’ for ‘‘Projects for high- hazard locations’’ in item 152, and ‘‘Repealed’’ for ‘‘Pro- gram for the elimination of roadside obstacles’’ in item 153. 1976—Pub. L. 94–280, title I, §§ 123(b), 128(b), 132(b), 139, May 5, 1976, 90 Stat. 439–441, 443, substituted item 135 ‘‘Traffic operations improvement programs’’ for ‘‘Urban area traffic operations improvement pro- grams’’; substituted item 146 ‘‘Repealed’’ for ‘‘Special urban high density traffic programs’’; added item 156 ‘‘Highways crossing Federal projects’’; and substituted item lll ‘‘Agreements relating to use of and access to rights-of-way—Interstate System’’ for ‘‘Use of and ac- cess to rights-of-way—Interstate System’’ and sub- stituted items 119 and 133 ‘‘Repealed’’ for ‘‘Administra- tion of Federal-aid for highways in Alaska’’ and ‘‘Relo- cation assistance’’, respectively. 1975—Pub. L. 93–643, §§ 107(b), 114(b), 115(b), Jan. 4, 1975, 88 Stat. 2284, 2286, 2287, substituted item 141 read- ing ‘‘Enforcement of requirements’’ for prior text read- ing ‘‘Real property acquisition policies’’, and added items 154 and 155. 1973—Pub. L. 93–87, title I, §§ 116(b), 121(b), 123(b), 125(b), 126(b), 129(c), 142(b), 157(b), title II, §§ 205(b), 209(b), 210(b), Aug. 13, 1973, 87 Stat. 258, 261, 263, 264, 266, 272, 278, 285, 287, 288, substituted ‘‘Certification accept- ance’’ for ‘‘Secondary road responsibilities’’ in item 117, ‘‘Public transportation’’ for ‘‘Urban highway public transportation’’ in item 142, and added items 145 to 153. 1970—Pub. L. 91–605, title I, §§ 111(b), 127(b), 134(b), title II, § 204(b), Dec. 31, 1970, 84 Stat. 1720, 1731, 1734, 1742, added items 142, 143, 144, and substituted ‘‘Fringe and corridor parking facilities’’ for ‘‘Limitation on au- thorization of appropriations for certain purposes’’ in item 137. 1968—Pub. L. 90–495, §§ 10(b), 12(b), 16(b), 22(b), 25(c), 35(b), Aug. 23, 1968, 82 Stat. 820, 822, 823, 827, 829, 836, added items 135, 139, 140, and 141 and substituted ‘‘Pre- vailing rate of wage’’ for ‘‘Prevailing rate of wage— Interstate System’’ in item 113 and ‘‘Construction by States in advance of apportionment’’ for ‘‘Construction by States in advance of apportionment—Interstate Sys- tem’’ in item 115. 1966—Pub. L. 89–574, §§ 8(c)(2), 15(b), Sept. 13, 1966, 80 Stat. 769, 771, added items 137 and 138. Pub. L. 89–564, title I, § 102(b)(1), Sept. 9, 1966, 80 Stat. 734, struck out item 135 relating to highway safety pro- grams. 1965—Pub. L. 89–285, title I, § 102, title II, § 202, Oct. 22, 1965, 79 Stat. 1030, 1032, substituted ‘‘Control of outdoor advertising’’ for ‘‘Areas adjacent to the Interstate Sys- tem’’ in item 131, and added item 136. Pub. L. 89–139, § 4(b), Aug. 28, 1965, 79 Stat. 579, added item 135. 1962—Pub. L. 87–866, §§ 5(b), 9(b), Oct. 23, 1962, 76 Stat. 1147, 1148, added items 133 and 134. 1960—Pub. L. 86–657, §§ 4(b), 5(b), July 14, 1960, 74 Stat. 523, included ferries in item 129 and added item 132. § 101. Definitions and declaration of policy (a) DEFINITIONS.—In this title, the following definitions apply: (1) APPORTIONMENT.—The term ‘‘apportion- ment’’ includes unexpended apportionments made under prior authorization laws. (2) ASSET MANAGEMENT.—The term ‘‘asset management’’ means a strategic and system- atic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a struc- tured sequence of maintenance, preservation, repair, rehabilitation, and replacement ac- tions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) CARPOOL PROJECT.—The term ‘‘carpool project’’ means any project to encourage the use of carpools and vanpools, including provi- sion 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, des- ignating existing facilities for use for pref- erential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location tech- nology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) CONSTRUCTION.—The term ‘‘construction’’ means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bond costs and other costs relating to the issuance in accord- ance with section 122 of bonds or other debt fi- nancing instruments and costs incurred by the State in performing Federal-aid project re- lated audits that directly benefit the Federal- aid highway program. Such term includes— (A) preliminary engineering, engineering, and design-related services directly relating Page 5 TITLE 23—HIGHWAYS § 101 to the construction of a highway project, in- cluding engineering, design, project develop- ment and management, construction project management and inspection, surveying, as- sessing resilience, mapping (including the establishment of temporary and permanent geodetic control in accordance with speci- fications of the National Oceanic and At- mospheric Administration), and architec- tural-related services; (B) reconstruction, resurfacing, restora- tion, rehabilitation, and preservation; (C) acquisition of rights-of-way; (D) relocation assistance, acquisition of re- placement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing; (E) elimination of hazards of railway-high- way grade crossings; (F) elimination of roadside hazards; (G) improvements that directly facilitate and control traffic flow, such as grade sepa- ration of intersections, widening of lanes, channelization of traffic, traffic control sys- tems, and passenger loading and unloading areas; (H) improvements that reduce the number of wildlife-vehicle collisions, such as wildlife crossing structures; and (I) capital improvements that directly fa- cilitate an effective vehicle weight enforce- ment program, such as scales (fixed and portable), scale pits, scale installation, and scale houses. (5) 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 jurisdic- tion over highways, any local government unit vested with jurisdiction over local highways. (6) FEDERAL-AID HIGHWAY.—The term ‘‘Fed- eral-aid highway’’ means a public highway eli- gible for assistance under this chapter other than a highway functionally classified as a local road or rural minor collector. (7) FEDERAL LANDS ACCESS TRANSPORTATION FACILITY.—The term ‘‘Federal Lands access transportation facility’’ means a public high- way, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Federal lands for which title or mainte- nance responsibility is vested in a State, coun- ty, town, township, tribal, municipal, or local government. (8) FEDERAL LANDS TRANSPORTATION FACIL- ITY.—The term ‘‘Federal lands transportation facility’’ means a public highway, road, bridge, trail, or transit system that is located on, is adjacent to, or provides access to Fed- eral lands for which title and maintenance re- sponsibility is vested in the Federal Govern- ment, and that appears on the national Fed- eral lands transportation facility inventory described in section 203(c). (9) FOREST DEVELOPMENT ROADS AND TRAILS.—The term ‘‘forest development roads and trails’’ means forest roads and trails under the jurisdiction of the Forest Service. (10) FOREST ROAD OR TRAIL.—The term ‘‘for- est 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 utiliza- tion of the National Forest System and the use and development of its resources. (11) HIGHWAY.—The term ‘‘highway’’ in- cludes— (A) a road, street, and parkway; (B) a right-of-way, bridge, railroad-high- way crossing, tunnel, drainage structure in- cluding public roads on dams, sign, guard- rail, and protective structure, in connection with a highway; and (C) a portion of any interstate or inter- national 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) INTERSTATE SYSTEM.—The term ‘‘Inter- state System’’ means the Dwight D. Eisen- hower National System of Interstate and De- fense Highways described in section 103(c). (13) MAINTENANCE.—The term ‘‘mainte- nance’’ means the preservation of the entire highway, including surface, shoulders, road- sides, structures, and such traffic-control de- vices as are necessary for safe and efficient utilization of the highway. (14) MAINTENANCE AREA.—The term ‘‘mainte- nance area’’ means an area that was des- ignated as an air quality nonattainment area, but was later redesignated by the Adminis- trator of the Environmental Protection Agen- cy as an air quality attainment area, under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). (15) NATIONAL HIGHWAY FREIGHT NETWORK.— The term ‘‘National Highway Freight Net- work’’ means the National Highway Freight Network established under section 167. (16) NATIONAL HIGHWAY SYSTEM.—The term ‘‘National Highway System’’ means the Fed- eral-aid highway system described in section 103(b). (17) NATURAL INFRASTRUCTURE.—The term ‘‘natural infrastructure’’ means infrastructure that uses, restores, or emulates natural eco- logical processes and— (A) is created through the action of nat- ural physical, geological, biological, and chemical processes over time; (B) is created by human design, engineer- ing, and construction to emulate or act in concert with natural processes; or (C) involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes. (18) OPERATING COSTS FOR TRAFFIC MONI- TORING, MANAGEMENT, AND CONTROL.—The term ‘‘operating costs for traffic monitoring, man- agement, and control’’ includes labor costs, administrative costs, costs of utilities and rent, and other costs associated with the con- Page 6 TITLE 23—HIGHWAYS § 101 tinuous operation of traffic control, such as integrated traffic control systems, incident management programs, and traffic control centers. (19) OPERATIONAL IMPROVEMENT.—The term ‘‘operational improvement’’— (A) means (i) a capital improvement for in- stallation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated traffic control systems, incident manage- ment programs, and transportation demand management facilities, strategies, and pro- grams, and (ii) such other capital improve- ments to public roads as the Secretary may designate, by regulation; and (B) does not include resurfacing, restoring, or rehabilitating improvements, construc- tion of additional lanes, interchanges, and grade separations, and construction of a new facility on a new location. (20) PROJECT.—The term ‘‘project’’ means any undertaking eligible for assistance under this title. (21) PROJECT AGREEMENT.—The term ‘‘project agreement’’ means the formal instrument to be executed by the Secretary and the recipient as required by section 106. (22) 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. (23) PUBLIC ROAD.—The term ‘‘public road’’ means any road or street under the jurisdic- tion of and maintained by a public authority and open to public travel. (24) RESILIENCE.—The term ‘‘resilience’’, with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or re- cover rapidly from disruptions, including the ability— (A)(i) to resist hazards or withstand im- pacts from weather events and natural disas- ters; or (ii) to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project; and (B) to have the absorptive capacity, adapt- ive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters. (25) RURAL AREAS.—The term ‘‘rural areas’’ means all areas of a State not included in urban areas. (26) SAFETY IMPROVEMENT PROJECT.—The term ‘‘safety improvement project’’ means a strategy, activity, or project on a public road that is consistent with the State strategic highway safety plan and corrects or improves a roadway feature that constitutes a hazard to road users or addresses a highway safety prob- lem. (27) SECRETARY.—The term ‘‘Secretary’’ means Secretary of Transportation. (28) STATE.—The term ‘‘State’’ means any of the 50 States, the District of Columbia, or Puerto Rico. (29) 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 transpor- tation department. (30) STATE STRATEGIC HIGHWAY SAFETY PLAN.—The term ‘‘State strategic highway safety plan’’ has the same meaning given such term in section 148(a). (31) 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. (32) TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.— (A) IN GENERAL.—The term ‘‘transpor- tation systems management and operations’’ means integrated strategies to optimize the performance of existing infrastructure through— (i) the implementation of multimodal and intermodal, cross-jurisdictional sys- tems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transpor- tation system; and (ii) the consideration of incorporating natural infrastructure. (B) INCLUSIONS.—The term ‘‘transportation systems management and operations’’ in- cludes— (i) actions such as traffic detection and surveillance, corridor management, free- way management, arterial management, active transportation and demand manage- ment, work zone management, emergency management, traveler information serv- ices, congestion pricing, parking manage- ment, automated enforcement, traffic con- trol, commercial vehicle operations, freight management, and coordination of highway, rail, transit, bicycle, and pedes- trian operations; and (ii) coordination of the implementation of regional transportation system manage- ment and operations investments (such as traffic incident management, traveler in- formation services, emergency manage- ment, roadway weather management, in- telligent transportation systems, commu- nication networks, and information shar- ing systems) requiring agreements, inte- gration, and interoperability to achieve targeted system performance, reliability, safety, and customer service levels. (33) TRIBAL TRANSPORTATION FACILITY.—The term ‘‘tribal transportation facility’’ means a public highway, road, bridge, trail, or transit system that is located on or provides access to tribal land and appears on the national tribal transportation facility inventory described in section 202(b)(1). (34) TRUCK STOP ELECTRIFICATION SYSTEM.— The term ‘‘truck stop electrification system’’ means a system that delivers heat, air condi- tioning, electricity, or communications to a heavy-duty vehicle. (35) URBAN AREA.—The term ‘‘urban area’’ means an urbanized area or, in the case of an Page 7 TITLE 23—HIGHWAYS § 101 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 respon- sible 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 des- ignated by the Bureau of the Census, except in the case of cities in the State of Maine and in the State of New Hampshire. (36) 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 re- sponsible State and local officials in coopera- tion with each other, subject to approval by the Secretary. Such boundaries shall encom- pass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census. (b) DECLARATION OF POLICY.— (1) ACCELERATION OF CONSTRUCTION OF FED- ERAL-AID HIGHWAY SYSTEMS.—Congress de- clares that it is in the national interest to ac- celerate the construction of Federal-aid high- way systems, including the Dwight D. Eisen- hower National System of Interstate and De- fense Highways, because many of the highways (or portions of the highways) are inadequate to meet the needs of local and interstate com- merce for the national and civil defense. (2) COMPLETION OF INTERSTATE SYSTEM.—Con- gress declares that the prompt and early com- pletion of the Dwight D. Eisenhower National System of Interstate and Defense Highways (referred to in this section as the ‘‘Interstate System’’), so named because of its primary im- portance to the national defense, is essential to the national interest. It is the intent of Congress that the Interstate System be com- pleted as nearly as practicable over the period of availability of the forty years’ appropria- tions authorized for the purpose of expediting its construction, reconstruction, or improve- ment, inclusive of necessary tunnels and bridges, through the fiscal year ending Sep- tember 30, 1996, under section 108(b) of the Fed- eral-Aid Highway Act of 1956 (70 Stat. 374), and that the entire system in all States be brought to simultaneous completion. Insofar as pos- sible in consonance with this objective, exist- ing 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 prac- ticable, suitable, and feasible, shall be given equal consideration with the needs of inter- state commerce. (3) TRANSPORTATION NEEDS OF 21ST CEN- TURY.—Congress declares that— (A) it is in the national interest to pre- serve and enhance the surface transpor- tation system to meet the needs of the United States for the 21st Century; (B) the current urban and long distance personal travel and freight movement de- mands have surpassed the original forecasts and travel demand patterns are expected to continue to change; (C) continued planning for and investment in surface transportation is critical to en- sure the surface transportation system ade- quately meets the changing travel demands of the future; (D) among the foremost needs that the sur- face transportation system must meet to provide for a strong and vigorous national economy are safe, efficient, resilient, and re- liable— (i) national and interregional personal mobility (including personal mobility in rural and urban areas) and reduced conges- tion; (ii) flow of interstate and international commerce and freight transportation; and (iii) travel movements essential for na- tional security; (E) special emphasis should be devoted to providing safe and efficient access for the type and size of commercial and military ve- hicles that access designated National High- way System intermodal freight terminals; (F) the connection between land use and infrastructure is significant; (G) transportation should play a signifi- cant role in promoting economic growth, im- proving the environment, and sustaining the quality of life; and (H) the Secretary should take appropriate actions to preserve and enhance the Inter- state System to meet the needs of the 21st Century. (4) EXPEDITED PROJECT DELIVERY.— (A) IN GENERAL.—Congress declares that it is in the national interest to expedite the de- livery of surface transportation projects by substantially reducing the average length of the environmental review process. (B) POLICY OF THE UNITED STATES.—Accord- ingly, it is the policy of the United States that— (i) the Secretary shall have the lead role among Federal agencies in carrying out the environmental review process for sur- face transportation projects; (ii) each Federal agency shall cooperate with the Secretary to expedite the envi- ronmental review process for surface transportation projects; (iii) project sponsors shall not be prohib- ited from carrying out preconstruction project development activities concur- rently with the environmental review process; (iv) programmatic approaches shall be used to reduce the need for project-by- project reviews and decisions by Federal agencies; and (v) the Secretary shall identify opportu- nities for project sponsors to assume re- sponsibilities of the Secretary where such responsibilities can be assumed in a man- ner that protects public health, the envi- ronment, and public participation. (c) It is the sense of Congress that under exist- ing law no part of any sums authorized to be ap- propriated for expenditure upon any Federal-aid highway which has been apportioned pursuant to the provisions of this title shall be impounded Page 8 TITLE 23—HIGHWAYS § 101 or withheld from obligation, for purposes and projects as provided in this title, by any officer or employee in the executive branch of the Fed- eral 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 ex- penditures 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 Fed- eral 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 attrib- utable to the construction of Federal-aid high- ways or highway planning, research, or develop- ment, 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 max- imum extent possible the procedures to be uti- lized by the Secretary and all other affected heads of Federal departments, agencies, and in- strumentalities for carrying out this title and any other provision of law relating to the Fed- eral highway programs shall encourage the sub- stantial minimization of paperwork and inter- agency 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, § 21(e)(1), June 25, 1959, 73 Stat. 146; Pub. L. 86–624, § 17(a), July 12, 1960, 74 Stat. 415; Pub. L. 87–866, § 6(a), Oct. 23, 1962, 76 Stat. 1147; Pub. L. 88–423, § 3, Aug. 13, 1964, 78 Stat. 397; Pub. L. 89–574, § 4(a), Sept. 13, 1966, 80 Stat. 767; Pub. L. 90–495, §§ 4(a), 8, 15, Aug. 23, 1968, 82 Stat. 816, 819, 822; Pub. L. 91–605, title I, §§ 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, §§ 105, 106(a), 107, 108, 152(1), Aug. 13, 1973, 87 Stat. 253–255, 276; Pub. L. 93–643, § 102(b), Jan. 4, 1975, 88 Stat. 2281; Pub. L. 94–280, title I, §§ 107(a), 108, May 5, 1976, 90 Stat. 430, 431; Pub. L. 95–599, title I, § 106, Nov. 6, 1978, 92 Stat. 2693; Pub. L. 97–424, title I, §§ 126(c), 159, Jan. 6, 1983, 96 Stat. 2115, 2135; Pub. L. 100–17, title I, §§ 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, §§ 1001(g), 1005, 1006(g)(1), 1007(c), Dec. 18, 1991, 105 Stat. 1916, 1922, 1927, 1931; Pub. L. 104–59, title III, §§ 301(b), 311(b), Nov. 28, 1995, 109 Stat. 578, 583; Pub. L. 105–178, title I, § 1201, June 9, 1998, 112 Stat. 164; Pub. L. 109–59, title I, §§ 1122, 1909(a), Aug. 10, 2005, 119 Stat. 1196, 1470; Pub. L. 110–244, title I, § 101(h), June 6, 2008, 122 Stat. 1574; Pub. L. 112–141, div. A, title I, §§ 1103, 1301(c), 1501, July 6, 2012, 126 Stat. 419, 528, 560; Pub. L. 114–94, div. A, title I, § 1103, Dec. 4, 2015, 129 Stat. 1328; Pub. L. 117–58, div. A, title I, §§ 11103, 11123(a), 11525(a), Nov. 15, 2021, 135 Stat. 453, 499, 607.) Editorial Notes REFERENCES IN TEXT Section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat. 374), referred to in subsec. (b)(2), is section 108(b) of act June 29, 1956, ch. 462, 70 Stat. 378, which is set out below. AMENDMENTS 2021—Subsec. (a)(4)(A). Pub. L. 117–58, § 11103(1)(A), in- serted ‘‘assessing resilience,’’ after ‘‘surveying,’’. Subsec. (a)(4)(H), (I). Pub. L. 117–58, § 11103(1)(B)–(D), added subpar. (H) and redesignated former subpar. (H) as (I). Subsec. (a)(17). Pub. L. 117–58, § 11103(3), added par. (17). Former par. (17) redesignated (18). Subsec. (a)(18) to (23). Pub. L. 117–58, § 11103(2), redes- ignated pars. (17) to (22) as (18) to (23), respectively. Former par. (23) redesignated (25). Subsec. (a)(24). Pub. L. 117–58, § 11103(4), added par. (24). Former par. (24) redesignated (26). Subsec. (a)(25) to (32). Pub. L. 117–58, § 11103(2), redes- ignated pars. (23) to (30) as (25) to (32), respectively. Former par. (32) redesignated (34). Subsec. (a)(32)(A). Pub. L. 117–58, § 11103(5), inserted dash after ‘‘through’’ and cl. (i) designation before ‘‘the implementation’’, substituted ‘‘; and’’ for period at end of cl. (i), and added cl. (ii). Subsec. (a)(33) to (36). Pub. L. 117–58, § 11103(2), redes- ignated pars. (31) to (34) as (33) to (36), respectively. Subsec. (b)(1). Pub. L. 117–58, § 11525(a), inserted ‘‘Highways’’ after ‘‘Defense’’. Subsec. (b)(3)(D). Pub. L. 117–58, § 11123(a), inserted ‘‘resilient,’’ after ‘‘efficient,’’ in introductory provi- sions. 2015—Subsec. (a)(15) to (29). Pub. L. 114–94 added par. (15), redesignated pars. (15) to (28) as (16) to (29), respec- tively, and struck out former par. (29) which defined transportation alternatives. 2012—Subsec. (a)(2). Pub. L. 112–141, § 1103(a)(3), added par. (2). Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 112–141, §§ 1103(a)(2), 1501, redes- ignated par. (2) as (3) and substituted ‘‘designating ex- isting facilities for use for preferential parking for car- pools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided’’ for ‘‘and designating existing facilities for use for preferential parking for carpools’’. Former par. (3) redesignated (4). Subsec. (a)(4). Pub. L. 112–141, § 1103(a)(2), (4)(A), re- designated par. (3) as (4) and inserted ‘‘or any project eligible for assistance under this title’’ after ‘‘recon- struction of a highway’’ in introductory provisions. Former par. (4) redesignated (5). Subsec. (a)(4)(A). Pub. L. 112–141, § 1103(a)(4)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘locating, surveying, and mapping (in- cluding the establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atmospheric Administration of the Department of Commerce);’’. Subsec. (a)(4)(B). Pub. L. 112–141, § 1103(a)(4)(C), in- serted ‘‘reconstruction,’’ before ‘‘resurfacing,’’ and sub- stituted ‘‘rehabilitation, and preservation’’ for ‘‘and re- habilitation’’. Subsec. (a)(4)(E). Pub. L. 112–141, § 1103(a)(4)(D), sub- stituted ‘‘railway-highway’’ for ‘‘railway’’. Subsec. (a)(4)(F). Pub. L. 112–141, § 1103(a)(4)(E), sub- stituted ‘‘hazards’’ for ‘‘obstacles’’. Subsec. (a)(5). Pub. L. 112–141, § 1103(a)(2), redesig- nated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (a)(6). Pub. L. 112–141, § 1103(a)(2), (5), redesig- nated par. (5) as (6) and inserted ‘‘public’’ before ‘‘high- way eligible’’ and ‘‘functionally’’ before ‘‘classified’’. Pub. L. 112–141, § 1103(a)(1), struck out par. (6). Text read as follows: ‘‘The term ‘Federal-aid system’ means Page 9 TITLE 23—HIGHWAYS § 101 any of the Federal-aid highway systems described in section 103.’’ Subsec. (a)(7). Pub. L. 112–141, § 1103(a)(1), (6), added par. (7) and struck out former par. (7). Prior to amend- ment, text read as follows: ‘‘The term ‘Federal lands highway’ means a forest highway, public lands high- way, park road, parkway, refuge road, and Indian res- ervation road that is a public road.’’ Subsec. (a)(8). Pub. L. 112–141, § 1103(a)(6), added par. (8). Former par. (8) redesignated (9). Subsec. (a)(9). Pub. L. 112–141, § 1103(a)(1), (2), redesig- nated par. (8) as (9) and struck out former par. (9). Prior to amendment, text of par. (9) read as follows: ‘‘The term ‘forest highway’ means a forest road under the ju- risdiction of, and maintained by, a public authority and open to public travel.’’ Subsec. (a)(11)(B). Pub. L. 112–141, § 1103(a)(7), inserted ‘‘including public roads on dams’’ after ‘‘drainage structure’’. Subsec. (a)(12). Pub. L. 112–141, § 1103(a)(1), (2), redesig- nated par. (13) as (12) and struck out former par. (12) which defined Indian reservation road. Subsec. (a)(13). Pub. L. 112–141, § 1103(a)(2), redesig- nated par. (14) as (13). Former par. (13) redesignated (12). Subsec. (a)(14). Pub. L. 112–141, § 1103(a)(2), (8), redesig- nated par. (15) as (14), substituted ‘‘as an air quality’’ for ‘‘as a’’, and inserted ‘‘air quality’’ before ‘‘attain- ment area’’. Former par. (14) redesignated (13). Subsec. (a)(15) to (17). Pub. L. 112–141, § 1103(a)(2), re- designated pars. (16) to (18) as (15) to (17), respectively. Former par. (15) redesignated (14). Subsec. (a)(18). Pub. L. 112–141, § 1103(a)(2), (9), redesig- nated par. (21) as (18) and substituted ‘‘any under- taking’’ for ‘‘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’’. Former par. (18) redesignated (17). Subsec. (a)(19). Pub. L. 112–141, § 1103(a)(2), (10), redes- ignated par. (22) as (19) and substituted ‘‘the Secretary and the recipient’’ for ‘‘the State transportation de- partment and the Secretary’’. Pub. L. 112–141, § 1103(a)(1), struck out par. (19). Text read as follows: ‘‘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.’’ Subsec. (a)(20). Pub. L. 112–141, § 1103(a)(1), (2), redesig- nated par. (23) as (20) and struck out former par. (20). Prior to amendment, text of par. (20) read as follows: ‘‘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.’’ Subsec. (a)(21). Pub. L. 112–141, § 1103(a)(2), redesig- nated par. (27) as (21). Former par. (21) redesignated (18). Subsec. (a)(22). Pub. L. 112–141, § 1103(a)(2), redesig- nated par. (29) as (22). Former par. (22) redesignated (19). Subsec. (a)(23). Pub. L. 112–141, § 1103(a)(11), added par. (23) and struck out former par. (23). Prior to amend- ment, text read as follows: ‘‘The term ‘safety improve- ment project’ means a project that corrects or im- proves high hazard locations, eliminates roadside ob- stacles, improves highway signing and pavement mark- ing, installs priority control systems for emergency ve- hicles at signalized intersections, installs or replaces emergency motorist aid call boxes, or installs traffic control or warning devices at locations with high acci- dent potential.’’ Pub. L. 112–141, § 1103(a)(2), redesignated par. (30) as (23). Former par. (23) redesignated (20). Subsec. (a)(24). Pub. L. 112–141, § 1103(a)(1), (2), redesig- nated par. (31) as (24) and struck out former par. (24). Prior to amendment, text of par. (24) read as follows: ‘‘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 utiliza- tion of public lands and resources under the control of the Secretary of the Interior.’’ Subsec. (a)(25), (26). Pub. L. 112–141, § 1103(a)(1), (2), re- designated pars. (32) and (33) as (25) and (26), respec- tively, and struck out former pars. (25) and (26) which defined public lands highway and public lands high- ways, respectively. Subsec. (a)(27). Pub. L. 112–141, § 1103(a)(12), added par. (27). Former par. (27) redesignated (21). Subsec. (a)(28). Pub. L. 112–141, § 1103(a)(1), (2), redesig- nated par. (34) as (28) and struck out former par. (28). Prior to amendment, text of par. (28) read as follows: ‘‘The term ‘refuge road’ means a public road that pro- vides access to or within a unit of the National Wildlife Refuge System and for which title and maintenance re- sponsibility is vested in the United States Govern- ment.’’ Subsec. (a)(29). Pub. L. 112–141, § 1103(a)(13), added par. (29) and struck out former par. (29) which defined trans- portation enhancement activity. Pub. L. 112–141, § 1103(a)(2), redesignated par. (35) as (29). Former par. (29) redesignated (22). Subsec. (a)(30) to (32). Pub. L. 112–141, § 1103(a)(2), (14), added pars. (30) to (32) and redesignated former pars. (30) to (32) as (23) to (25), respectively. Subsec. (a)(33) to (37). Pub. L. 112–141, § 1103(a)(2), re- designated pars. (33) to (37) as (26), (28), (29), (33), and (34), respectively. Subsec. (a)(38), (39). Pub. L. 112–141, § 1103(a)(1), struck out pars. (38) and (39) which defined advanced truck stop electrification system and transportation systems management and operations, respectively. Subsec. (b)(4). Pub. L. 112–141, § 1301(c), added par. (4). Subsec. (c). Pub. L. 112–141, § 1103(b), substituted ‘‘Federal-aid highway’’ for ‘‘Federal-aid system’’. 2008—Subsec. (a)(39). Pub. L. 110–244 added par. (39). 2005—Subsec. (a)(35). Pub. L. 109–59, § 1122(a), amended heading and text of par. (35) generally, substituting in- troductory provisions and subpars. (A) to (L) defining ‘‘Transportation enhancement activity’’ for substan- tially identical undesignated provisions defining ‘‘Transportation enhancement activities’’. Subsec. (a)(38). Pub. L. 109–59, § 1122(b), added par. (38). Subsec. (b). Pub. L. 109–59, § 1909(a), inserted subsec. heading, substituted heading and text of par. (1) for first undesignated par. relating to declaration that it was in the national interest to accelerate the construc- tion of the Federal-aid highway systems, designated second undesignated par. as par. (2), inserted heading, and substituted ‘‘Congress declares that the prompt and early completion of the Dwight D. Eisenhower Na- tional System of Interstate and Defense Highways (re- ferred to in this section as the ‘Interstate System’), so named because of its primary importance to the na- tional defense, is essential to the national interest’’ for ‘‘It is hereby declared that the prompt and early com- pletion of The Dwight D. Eisenhower System of Inter- state and Defense Highways, so named because of its primary importance to the national defense and here- after referred to as the ‘Interstate System’, is essential to the national interest and is one of the most impor- tant objectives of this Act’’, and substituted heading and text of par. (3) for third undesignated par. relating to the national policy that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems. 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 ‘‘ref- uge road’’, and substituting definition of ‘‘State trans- portation department’’ for definition of ‘‘State highway department’’. 1995—Subsec. (a). Pub. L. 104–59, § 311(b), in first sen- tence of definition of ‘‘construction’’, inserted ‘‘bond costs and other costs relating to the issuance in accord- ance with section 122 of bonds or other debt financing instruments,’’ after ‘‘highway, including’’. Pub. L. 104–59, § 301(b)(1), in definition of ‘‘project’’, inserted before period at end ‘‘or any other undertaking eligible for assistance under this title’’. Page 10 TITLE 23—HIGHWAYS § 101 Pub. L. 104–59, § 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 sys- tems, incident management programs, and traffic con- trol centers.’’ 1991—Subsec. (a). Pub. L. 102–240, § 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, § 1005(a), in definition of ‘‘highway safety improvement project’’, inserted ‘‘installs pri- ority control systems for emergency vehicles at signal- ized intersections’’ after ‘‘marking,’’. Pub. L. 102–240, § 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, § 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, § 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 Cen- sus, within boundaries to be fixed by responsible State and local officials in cooperation with each other, sub- ject 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, § 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 sys- tem’ means the Federal-aid highway system described in subsection (b) of section 103 of this title.’’ Pub. L. 102–240, § 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 Fed- eral-aid highway system described in subsection (d) of section 103 of this title.’’ Pub. L. 102–240, § 1005(e), in definition of ‘‘Interstate System’’, inserted ‘‘Dwight D. Eisenhower’’ before ‘‘Na- tional’’. Pub. L. 102–240, § 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, § 1005(f), inserted provision defining ‘‘operational improvement’’. Pub. L. 102–240, § 1007(c), inserted provision defining ‘‘transportation enhancement activities’’. Subsec. (b). Pub. L. 102–240, § 1001(g), substituted ‘‘forty’’ for ‘‘thirty-seven’’ and ‘‘1996’’ for ‘‘1993’’ in sec- ond par. 1990—Subsec. (b). Pub. L. 101–427 substituted ‘‘The Dwight D. Eisenhower System of Interstate and De- fense Highways’’ for ‘‘the National System of Inter- state and Defense Highways’’ in first two pars. 1987—Subsec. (a). Pub. L. 100–17, § 108, in definition of ‘‘construction’’, inserted ‘‘elimination of roadside ob- stacles,’’ after ‘‘grade crossings,’’. Pub. L. 100–17, § 133(b)(2), substituted definition of ‘‘forest road or trail’’ for ‘‘forest or trail’’. Pub. L. 100–17, § 109, in definition of ‘‘highway safety improvement project’’, inserted ‘‘installs or replaces emergency motorist-aid call boxes,’’ after ‘‘pavement marking,’’. Pub. L. 100–17, § 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, § 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, § 126(c)(1), sub- stituted 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, in- cluding 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 ap- proach roads to national parks or monuments author- ized by the Act of January 31, 1931 (46 Stat. 1053), as amended. Pub. L. 97–424, § 126(c)(2), substituted ‘‘The term ‘In- dian 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, § 126(c)(3), inserted provision defining ‘‘Federal lands highways’’. Pub. L. 97–424, § 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, § 106(a), in definition of ‘‘construction’’ inserted provision relating to capital improvements. Pub. L. 95–599, § 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, § 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 jurisdic- tion of the Forest Service. Pub. L. 95–599, § 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 commu- nities contingent to national forests and which is a Federal-aid system. Pub. L. 95–599, § 106(b)(4), inserted definition of ‘‘high- way safety improvement project’’. 1976—Subsec. (a). Pub. L. 94–280, § 108, defined ‘‘con- struction’’ to include resurfacing, restoration, and re- habilitation and ‘‘urban area’’ to exclude cities in the States of Maine and New Hampshire and inserted defi- nition of ‘‘public road’’. Subsec. (b). Pub. L. 94–280, § 107(a), substituted provi- sion 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 com- pletion over a twenty-three period, through the fiscal year ending June 30, 1979. 1975—Subsec. (a). Pub. L. 93–643 defined ‘‘Indian res- ervation roads and bridges’’ to include roads and bridges on the Federal-aid systems. 1973—Subsec. (a). Pub. L. 93–87, § 105(1), in definition of ‘‘construction’’, substituted ‘‘National Oceanic and Atmospheric Administration’’ for ‘‘Coast and Geodetic Survey’’ and extended definition to include improve- ments 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, § 105(3), in definition of ‘‘Indian reserva- tion roads and bridges’’, substituted ‘‘approval of the Federal Government, or Indian and Alaska Native vil- lages, groups, or communities in which Indians and Page 11 TITLE 23—HIGHWAYS § 101 Alaskan Natives reside, whom the Secretary of the In- terior has determined are eligible for services generally available to Indians under Federal laws specifically ap- plicable to Indians’’ for ‘‘approval of the Federal Gov- ernment on which Indians reside whom the Secretary of the Interior has determined to be eligible for serv- ices generally available to Indians under Federal laws specifically applicable to Indians’’. Pub. L. 93–87, § 152(1), in definition of ‘‘Secretary’’, substituted ‘‘Secretary of Transportation’’ for ‘‘Sec- retary of Commerce’’. Pub. L. 93–87, § 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 min- imum, to encompass the entire urbanized area within a State as designated by the Bureau of the Census. Pub. L. 93–87, § 105(2), in definition of ‘‘urban area’’, substituted ‘‘an urbanized area or, in the case of an ur- banized 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 co- operation 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 des- ignated by the Bureau of the Census. Subsec. (b). Pub. L. 93–87, §§ 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. de- claratory of national policy, since the Interstate Sys- tem is now in the final phase of completion, that in- creased emphasis be placed on the construction and re- construction of the other Federal-aid systems in ac- cordance 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 max- imum extent. Subsec. (e). Pub. L. 93–87, § 108, added subsec. (e). 1970—Subsec. (a). Pub. L. 91–605, §§ 106(a), 117(d), 130, 141, inserted definitions of ‘‘urbanized area’’ and ‘‘Fed- eral-aid urban system’’, substituted ‘‘subsection (e)’’ for ‘‘subsection (d)’’ in definition of ‘‘Interstate Sys- tem’’, 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 re- placement housing, and substituted ‘‘acquisition’’ for ‘‘costs’’ of rights-of-way, broadened definition of ‘‘In- dian 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 high- ways be on the Federal-aid systems. Subsec. (b). Pub. L. 91–605, § 104(a), substituted ‘‘twen- ty years’’ for ‘‘eighteen years’’ and ‘‘June 30, 1976’’ for ‘‘June 30, 1974’’. Subsec. (c). Pub. L. 91–605, § 107, substituted ‘‘any offi- cer or employee in the executive branch of the Federal Government’’ for ‘‘any officer or employee of any de- partment, 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, § 107, substituted provi- sions prohibiting expenditure of funds from the High- way Trust Fund by any department other than the Fed- eral Highway Administration unless these funds are identified and included as a line item in an appropria- tion 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 appro- priated from the Highway Trust Fund by Federal-aid highway legislation for provisions expressing essen- tially the same prohibitions but permitting expendi- tures to meet obligations incurred under this title at- tributable 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, § 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, § 4(a), substituted a ref- erence 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, § 15, added subsecs. (c) and (d). 1966—Subsec. (b). Pub. L. 89–574 substituted a ref- erence 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117–58, div. A, § 10003, Nov. 15, 2021, 135 Stat. 443, provided that: ‘‘Except as otherwise provided, this division [see Tables for classification] and the amend- ments made by this division take effect on October 1, 2021.’’ EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE AND TERMINATION DATES OF 2012 AMENDMENT Pub. L. 112–141, § 3(a), July 6, 2012, 126 Stat. 413, pro- vided that: ‘‘Except as otherwise provided, divisions A, B, C (other than sections 32603(d), 32603(g), 32912, and 34002 of that division) and E [see Tables for classifica- tion], including the amendments made by those divi- sions, take effect on October 1, 2012.’’ Pub. L. 112–141, § 3(b), July 6, 2012, 126 Stat. 413, pro- vided that: ‘‘Except as otherwise provided, any ref- erence to the date of enactment of the MAP–21 or to the date of enactment of the Federal Public Transpor- tation Act of 2012 in the divisions described in sub- section (a) [set out above] or in an amendment made by those divisions [see Tables for classification] shall be deemed to be a reference to the effective date of those divisions [Oct. 1, 2012].’’ Pub. L. 112–140, § 1(c), June 29, 2012, 126 Stat. 391, pro- vided that: ‘‘On the date of enactment of the MAP–21 [Pub. L. 112–141, approved July 6, 2012]— Page 12 TITLE 23—HIGHWAYS § 101 ‘‘(1) this Act [see Short Title of 2012 Amendment note below] and the amendments made by this Act shall cease to be effective; ‘‘(2) the text of the laws amended by this Act shall revert back so as to read as the text read on the day before the date of enactment of this Act [June 29, 2012]; and ‘‘(3) the amendments made by the MAP–21 [see Ta- bles for classification] shall be executed as if this Act had not been enacted.’’ EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–244, title I, § 121(a), (b), June 6, 2008, 122 Stat. 1608, provided that: ‘‘(a) IN GENERAL.—Except as otherwise provided in this Act (including subsection (b)), this Act [see Tables for classification] and the amendments made by this Act take effect on the date of enactment of this Act [June 6, 2008]. ‘‘(b) EXCEPTION.— ‘‘(1) IN GENERAL.—The amendments made by this Act (other than the amendments made by sections 101(g), 101(m)(1)(H) [amending section 144 of this title, not Pub. L. 109–59], 103, 105, 109, and 201(o)) to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1144) shall— ‘‘(A) take effect as of the date of enactment of that Act [Aug. 10, 2005]; and ‘‘(B) be treated as being included in that Act as of that date. ‘‘(2) EFFECT OF AMENDMENTS.—Each provision of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1144) (including the amendments made by that Act) (as in effect on the day before the date of enactment of this Act [June 6, 2008]) that is amended by this Act (other than sections 101(g), 101(m)(1)(H), 103, 105, 109, and 201(o)) shall be treated as not being enacted.’’ EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–206, title IX, § 9016, July 22, 1998, 112 Stat. 868, provided that: ‘‘This title [see Tables for classifica- tion] and the amendments made by this title shall take effect simultaneously with the enactment of the Trans- portation Equity Act for the 21st Century [Pub. L. 105–178]. For purposes of all Federal laws, the amend- ments made by this title shall be treated as being in- cluded 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 Pub. L. 91–605, title I, § 147, Dec. 31, 1970, 84 Stat. 1739, provided that: ‘‘The amendments made by section 117 [enacting section 510 of this title, amending this sec- tion, and renumbering sections 511 and 512 of this title], 120 [amending provisions set out as a note under sec- tion 502 of this title], and 137 of this Act [amending sec- tion 506 of this title] shall not take effect if before the effective date of this Act [Dec. 31, 1970] the Uniform Re- location Assistance and Land Acquisition Policies Act of 1970 has been enacted into law.’’ The Uniform Relo- cation Assistance and Land Acquisition Policies Act of 1970, enacted as Pub. L. 91–646, 84 Stat. 1894, was ap- proved Jan. 2, 1971, whereas this Act (Title I of Pub. L. 91–605) was approved Dec. 31, 1970, therefore the amend- ments made by sections 117, 120, and 137 of Title I of Pub. L. 91–605 took effect. EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–495, § 37, Aug. 23, 1968, 82 Stat. 836, as amended by Pub. L. 91–605, title I, § 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 pro- vided 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 Pub. L. 86–70, § 21(e), June 25, 1959, 73 Stat. 146, pro- vided 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 2021 AMENDMENT Pub. L. 117–58, § 1(a), Nov. 15, 2021, 135 Stat. 429, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Infrastructure Investment and Jobs Act’.’’ Pub. L. 117–58, div. A, § 10001, Nov. 15, 2021, 135 Stat. 443, provided that: ‘‘This division [see Tables for classi- fication] may be cited as the ‘Surface Transportation Reauthorization Act of 2021’.’’ Pub. L. 117–52, § 1, Oct. 31, 2021, 135 Stat. 409, provided that: ‘‘This Act [amending sections 9503, 9504, and 9508 of Title 26, Internal Revenue Code, enacting provisions set out as a note under section 9503 of Title 26, amend- ing provisions set out as notes under this section, and repealing provisions set out as a note under section 9503 of Title 26] may be cited as the ‘Further Surface Trans- portation Extension Act of 2021’.’’ Pub. L. 117–44, § 1, Oct. 2, 2021, 135 Stat. 382, provided that: ‘‘This Act [amending sections 9503, 9504, and 9508 of Title 26, Internal Revenue Code, and enacting provi- sions set out as notes under this section and section 9503 of Title 26] may be cited as the ‘Surface Transpor- tation Extension Act of 2021’.’’ SHORT TITLE OF 2015 AMENDMENT Pub. L. 114–94, § 1(a), Dec. 4, 2015, 129 Stat. 1312, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Fixing America’s Surface Trans- portation Act’ or the ‘FAST Act’.’’ Pub. L. 114–94, div. A, title VI, § 6001, Dec. 4, 2015, 129 Stat. 1561, provided that: ‘‘This title [enacting section 519 of this title and sections 6314 and 6501 to 6503 of Title 49, Transportation, amending sections 502, 503, Page 13 TITLE 23—HIGHWAYS § 101 512, 514, 515, 517, and 518 of this title, sections 5313, 5315, and 5316 of Title 5, Government Organization and Em- ployees, and sections 102, 330, 5115, 5118, 5505, 6302, and 6307 of Title 49, repealing section 508 of this title and sections 112 and 5503 of Title 49, enacting provisions set out as notes under sections 150, 501, and 503 of this title and sections 301 and 6501 of Title 49, and amending pro- visions set out as notes under sections 502 and 512 of this title] may be cited as the ‘Transportation for To- morrow Act of 2015’.’’ Pub. L. 114–87, § 1(a), Nov. 20, 2015, 129 Stat. 677, pro- vided that: ‘‘This Act [amending section 403 of this title, section 777c of Title 16, Conservation, sections 9503, 9504, and 9508 of Title 26, Internal Revenue Code, and sections 5128, 5311, 5336, 5338, 5339, 31104, and 31144 of Title 49, Transportation, and amending provisions set out as notes under sections 104, 202, and 402 of this title and sections 31100 and 31301 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2015, Part II’.’’ Pub. L. 114–73, § 1(a), Oct. 29, 2015, 129 Stat. 568, pro- vided that: ‘‘This Act [amending section 403 of this title, section 777c of Title 16, Conservation, sections 9503, 9504, and 9508 of Title 26, Internal Revenue Code, and sections 5128, 5311, 5336, 5338, 5339, 20157, 31104, and 31144 of Title 49, Transportation, enacting provisions set out as a note under section 20101 of Title 49, and amending provisions set out as notes under sections 104, 202, and 402 of this title and sections 31100 and 31301 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2015’.’’ Pub. L. 114–41, § 1(a), July 31, 2015, 129 Stat. 443, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Surface Transportation and Vet- erans Health Care Choice Improvement Act of 2015’.’’ Pub. L. 114–21, § 1(a), May 29, 2015, 129 Stat. 218, pro- vided that: ‘‘This Act [amending section 403 of this title, section 777c of Title 16, Conservation, sections 9503, 9504, and 9508 of Title 26, Internal Revenue Code, and sections 5128, 5311, 5336, 5338, 5339, 31104, and 31144 of Title 49, Transportation, and amending provisions set out as notes under sections 104, 202, and 402 of this title and sections 31100 and 31301 of Title 49] may be cited as the ‘Highway and Transportation Funding Act of 2015’.’’ SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–159, § 1(a), Aug. 8, 2014, 128 Stat. 1839, pro- vided that: ‘‘This Act [amending section 403 of this title, section 777c of Title 16, Conservation, section 58c of Title 19, Customs Duties, sections 430, 436, 9503, 9504, and 9508 of Title 26, Internal Revenue Code, sections 1021, 1056, and 1083 of Title 29, Labor, and sections 5128, 5311, 5336, 5338, 5339, 31104, and 31144 of Title 49, Trans- portation, enacting provisions set out as notes under section 101 of this title, sections 430 and 436 of Title 26, and section 1021 of Title 29, amending provisions set out as notes under sections 104, 202, and 402 of this title and sections 31100 and 31301 of Title 49] may be cited as the ‘Highway and Transportation Funding Act of 2014’.’’ SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–141, § 1(a), July 6, 2012, 126 Stat. 405, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Moving Ahead for Progress in the 21st Century Act’ or the ‘MAP–21’.’’ Pub. L. 112–141, div. A, title II, § 2001, July 6, 2012, 126 Stat. 607, provided that: ‘‘This title [amending sections 601 to 609 of this title] may be cited as the ‘America Fast Forward Financing Innovation Act of 2012’.’’ Pub. L. 112–141, div. C, title I, § 31001, July 6, 2012, 126 Stat. 732, provided that: ‘‘This title [see Tables for clas- sification] may be cited as the ‘Motor Vehicle and Highway Safety Improvement Act of 2012’ or ‘Mariah’s Act’.’’ Pub. L. 112–141, div. E, § 50001, July 6, 2012, 126 Stat. 864, provided that: ‘‘This division [see Tables for classi- fication] may be cited as the ‘Transportation Research and Innovative Technology Act of 2012’.’’ Pub. L. 112–141, div. G, § 110001, July 6, 2012, 126 Stat. 980, provided that: ‘‘This division [see Tables for classi- fication] may be cited as the ‘Surface Transportation Extension Act of 2012, Part II’.’’ Pub. L. 112–140, § 1(a), June 29, 2012, 126 Stat. 391, pro- vided that: ‘‘This Act [amending section 327 of this title, sections 460l–11 and 777c of Title 16, Conservation, sections 4041, 4051, 4071, 4081, 4221, 4482, 4483, 6412, 9503, 9504, and 9508 of Title 26, Internal Revenue Code, and sections 5305, 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of Title 49, Transportation, enacting provisions set out as notes under this section, section 327 of this title, sec- tion 460l–11 of Title 16, and section 9503 of Title 26, and amending provisions set out as notes under sections 5309, 5310, 5338, 14710, 31100, and 31301 of Title 49] may be cited as the ‘Temporary Surface Transportation Exten- sion Act of 2012’.’’ Pub. L. 112–102, § 1(a), Mar. 30, 2012, 126 Stat. 271, pro- vided that: ‘‘This Act [amending sections 460l–11 and 777c of Title 16, Conservation, sections 4041, 4051, 4071, 4081, 4221, 4481 to 4483, 6412, 9503, 9504, and 9508 of Title 26, Internal Revenue Code, and sections 5305, 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of Title 49, Transpor- tation, enacting provisions set out as notes under sec- tion 460l–11 of Title 16 and section 9503 of Title 26, and amending provisions set out as notes under sections 5309, 5310, 5338, 14710, 31100, and 31301 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2012’.’’ SHORT TITLE OF 2011 AMENDMENT Pub. L. 112–30, § 1(a), Sept. 16, 2011, 125 Stat. 342, pro- vided that: ‘‘This Act [amending sections 405 and 410 of this title, sections 460l–11 and 777c of Title 16, Conserva- tion, sections 4041, 4051, 4071, 4081, 4221, 4261, 4271, 4481 to 4483, 6412, 9502 to 9504, and 9508 of Title 26, Internal Revenue Code, and sections 106, 5305, 5307, 5309, 5311, 5337, 5338, 31104, 31144, 40117, 41742, 41743, 44302, 44303, 47104, 47107, 47115, 47141, 48101 to 48103, and 49108 of Title 49, Transportation, enacting provisions set out as notes under this section, section 460l–11 of Title 16, and sec- tions 1, 4081, 9502, and 9503 of Title 26, and amending provisions set out as notes under sections 402, 403, and 405 of this title and sections 5309, 5310, 5338, 14710, 31100, 31301, 41731, and 47109 of Title 49] may be cited as the ‘Surface and Air Transportation Programs Extension Act of 2011’.’’ Pub. L. 112–30, title I, § 101, Sept. 16, 2011, 125 Stat. 343, provided that: ‘‘This title [amending sections 405 and 410 of this title, sections 460l–11 and 777c of Title 16, Conservation, sections 4041, 4051, 4071, 4081, 4221, 4481 to 4483, 6412, 9503, 9504, and 9508 of Title 26, Internal Rev- enue Code, and sections 5305, 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of Title 49, Transportation, enacting provisions set out as notes under section 460l–11 of Title 16 and section 9503 of Title 26, and amending provisions set out as notes under sections 402, 403, and 405 of this title and sections 5309, 5310, 5338, 14710, 31100, and 31301 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2011, Part II’.’’ Pub. L. 112–5, § 1(a), Mar. 4, 2011, 125 Stat. 14, provided that: ‘‘This Act [amending section 777c of Title 16, Con- servation, sections 9503 and 9504 of Title 26, Internal Revenue Code, and sections 5305, 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of Title 49, Transportation, enact- ing provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under section 901 of Title 2, The Congress, and sections 5309, 5310, 5338, 14710, 31309, 31100, 31301, and 31100 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2011’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–322, title II, § 2001(a), Dec. 22, 2010, 124 Stat. 3522, provided that: ‘‘This title [amending sec- tions 327 and 510 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, and sections 5305, 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of Title 49, Transportation, enact- Page 14 TITLE 23—HIGHWAYS § 101 ing provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under section 901 of Title 2, The Congress, and sections 5309, 5310, 5338, 14710, 31100, 31301, and 31309 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2010, Part II’.’’ Pub. L. 111–147, title IV, § 401, Mar. 18, 2010, 124 Stat. 78, provided that: ‘‘This title [amending sections 405 and 410 of this title, section 777c of Title 16, Conserva- tion, sections 9502 to 9504 of Title 26, Internal Revenue Code, and sections 5305, 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of Title 49, Transportation, enacting provi- sions set out as notes under this section and sections 9502 and 9503 of Title 26, and amending provisions set out as notes under sections 402, 403, and 405 of this title, section 901 of Title 2, The Congress, and sections 5309, 5310, 5338, 14710, 31100, 31301, and 31309 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2010’.’’ SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–244, § 1(a), June 6, 2008, 122 Stat. 1572, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘SAFETEA–LU Technical Correc- tions Act of 2008’.’’ SHORT TITLE OF 2005 AMENDMENT Pub. L. 109–59, § 1(a), Aug. 10, 2005, 119 Stat. 1144, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Safe, Accountable, Flexible, Effi- cient Transportation Equity Act: A Legacy for Users’ or ‘SAFETEA–LU’.’’ Pub. L. 109–42, § 1, July 30, 2005, 119 Stat. 435, provided that: ‘‘This Act [amending section 9503 and 9504 of Title 26, Internal Revenue Code, and section 5338 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as a note under section 104 of this title] may be cited as the ‘Surface Transportation Extension Act of 2005, Part VI’.’’ Pub. L. 109–40, § 1, July 28, 2005, 119 Stat. 410, provided that: ‘‘This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sec- tions 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2005, Part V’.’’ Pub. L. 109–37, § 1, July 22, 2005, 119 Stat. 394, provided that: ‘‘This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sec- tions 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2005, Part IV’.’’ Pub. L. 109–35, § 1, July 20, 2005, 119 Stat. 379, provided that: ‘‘This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sec- tions 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2005, Part III’.’’ Pub. L. 109–20, § 1, July 1, 2005, 119 Stat. 346, provided that: ‘‘This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sec- tions 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2005, Part II’.’’ Pub. L. 109–14, § 1, May 31, 2005, 119 Stat. 324, provided that: ‘‘This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sec- tions 4481 to 4483, 9503, and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as notes under this section and section 4481 of Title 26, and amending provisions set out as notes under this sec- tion, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2005’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–310, § 1, Sept. 30, 2004, 118 Stat. 1144, pro- vided that: ‘‘This Act [amending sections 144, 157, 163, 188, and 410 of this title, sections 900 and 901 of Title 2, The Congress, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transpor- tation, enacting provisions set out as notes under this section, section 104 of this title, section 9503 of Title 26, and section 5337 of Title 49, amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, section 901 of Title 2, and sections 5307, 5309, 5310, and 5338 of Title 49, and repealing provisions set out as a note under section 9503 of Title 26] may be cited as the ‘Surface Transportation Extension Act of 2004, Part V’.’’ Pub. L. 108–280, § 1, July 30, 2004, 118 Stat. 876, pro- vided that: ‘‘This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conserva- tion, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transpor- tation, enacting provisions set out as notes under sec- tion 9503 of Title 26, amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49, and repealing provisions set out as a note under sec- tion 5337 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2004, Part IV’.’’ Pub. L. 108–263, § 1, June 30, 2004, 118 Stat. 698, pro- vided that: ‘‘This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conserva- tion, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transpor- tation, enacting provisions set out as a note under sec- tion 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited as the ‘Surface Transportation Extension Act of 2004, Part III’.’’ Pub. L. 108–224, § 1, Apr. 30, 2004, 118 Stat. 627, provided that: ‘‘This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sec- tions 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited as the ‘Surface Transportation Exten- sion Act of 2004, Part II’.’’ Pub. L. 108–202, § 1, Feb. 29, 2004, 118 Stat. 478, provided that: ‘‘This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sec- tions 9503 and 9504 of Title 26, Internal Revenue Code, Page 15 TITLE 23—HIGHWAYS § 101 section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited as the ‘Surface Transportation Exten- sion Act of 2004’.’’ SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–88, § 1, Sept. 30, 2003, 117 Stat. 1110, pro- vided that: ‘‘This Act [amending sections 144, 157, 163, 188, and 410 of this title, sections 900 and 901 of Title 2, The Congress, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5337, 5338, 31104, and 31107 of Title 49, Trans- portation, enacting provisions set out as notes under this section, section 104 of this title, section 9503 of Title 26, and section 5337 of Title 49, and amending pro- visions set out as notes under this section, sections 322 and 402 of this title, section 901 of Title 2, and sections 5309, 5310, and 5338 of Title 49] may be cited as the ‘Sur- face Transportation Extension Act of 2003’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–206, title IX, § 9001, July 22, 1998, 112 Stat. 834, provided that: ‘‘This title [see Tables for classifica- tion] may be cited as the ‘TEA 21 Restoration Act’.’’ Pub. L. 105–178, § 1(a), June 9, 1998, 112 Stat. 107, pro- vided 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, § 1501, June 9, 1998, 112 Stat. 241, provided that: ‘‘This chapter [chapter 1 (§§ 1501–1504) of subtitle E of title I of Pub. L. 105–178, enacting subchapter II of this chapter, amending sec- tion 301 of Title 49, Transportation, and enacting provi- sions set out as a note under section 181 of this title] may be cited as the ‘Transportation Infrastructure Fi- nance and Innovation Act of 1998’.’’ SHORT TITLE OF 1997 AMENDMENT Pub. L. 105–130, § 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, In- ternal 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 provi- sions set out as notes under this section and section 307 of this title] may be cited as the ‘Surface Transpor- tation Extension Act of 1997’.’’ SHORT TITLE OF 1995 AMENDMENT Pub. L. 104–59, § 1(a), Nov. 28, 1995, 109 Stat. 568, pro- vided 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, re- pealing 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 Pub. L. 100–17, § 1(a), Apr. 2, 1987, 101 Stat. 132, pro- vided 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, sec- tions 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 provi- sions set out as notes under this section and sections 103, 104, 130, 141, 144, 146, and 401 of this title, and re- pealing 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 Uni- form Relocation Assistance Act of 1987’.’’ Pub. L. 100–17, title I, § 101, Apr. 2, 1987, 101 Stat. 134, provided that: ‘‘This title [enacting sections 151, 156, and 409 of this title and section 508 of Title 33, Naviga- tion and Navigable Waters, amending this section, sec- tions 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 AMENDMENT Pub. L. 97–424, § 1, Jan. 6, 1983, 96 Stat. 2097, provided: ‘‘That this Act [enacting section 157 of this title, sec- tions 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, amend- ing section 713c–3 of Title 15, Commerce and Trade, sec- tions 460l–11 and 1606a of Title 16, Conservation, sec- tions 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 sec- tions 101 notes, 104 note, and 206 to 209 of this title, sec- tions 120 note, 4091 to 4094, and 6424 of Title 26, and sec- tions 1602 note, 1604a, 1617, and 1618 of former Title 49, and enacting provisions set out as notes under this sec- tion, sections 103, 104, 105, 109, 111, 119, 120, 125, 144, 146, Page 16 TITLE 23—HIGHWAYS § 101 154, 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 Assist- ance Act of 1982’.’’ Pub. L. 97–424, title I, § 101, Jan. 6, 1983, 96 Stat. 2097, 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 provi- sions 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’.’’ Pub. L. 97–327, § 1, Oct. 15, 1982, 96 Stat. 1611, provided: ‘‘That this Act [amending section 144 of this title, pro- visions 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, § 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 Pub. L. 95–599, § 1, Nov. 6, 1978, 92 Stat. 2689, 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’.’’ Pub. L. 95–599, title I, § 101, Nov. 6, 1978, 92 Stat. 2689, 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, Pub- lic 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, sec- tion 5904 of Title 42, section 883 of Title 46, Appendix, Shipping, and section 1653 of former Title 49, Transpor- tation] may be cited as the ‘Federal-Aid Highway Act of 1978’.’’ Pub. L. 95–599, title V, § 501, Nov. 6, 1978, 92 Stat. 2756, 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 provi- sions 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, § 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, repeal- ing sections 146 and 405 of this title, enacting provi- sions 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 sec- tion, 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, § 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 provi- sions 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 pro- visions 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, § 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, § 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, § 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, § 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 sec- tions 106, 108, 125, 133, and 137 of this title] may be cited as the ‘Federal-Aid Highway Act of 1966’.’’ Page 17 TITLE 23—HIGHWAYS § 101 SHORT TITLE OF 1965 AMENDMENT Pub. L. 89–285, § 403, Oct. 22, 1965, 79 Stat. 1033, pro- vided 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, § 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, § 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, § 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, § 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, § 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, § 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 Pub. L. 90–495, § 36, Aug. 23, 1968, 82 Stat. 836, 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 sec- tion, sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title, sec- tion 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 there- by.’’ TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of Com- merce 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 Trans- portation by Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which created Department of Transportation. See sec- tion 102 of Title 49, Transportation, and Pub. L. 97–449, § 2, Jan. 12, 1983, 96 Stat. 2439. 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. RECONNECTING COMMUNITIES PILOT PROGRAM Pub. L. 117–58, div. A, title I, § 11509, Nov. 15, 2021, 135 Stat. 588, provided that: ‘‘(a) DEFINITION OF ELIGIBLE FACILITY.— ‘‘(1) IN GENERAL.—In this section, the term ‘eligible facility’ means a highway or other transportation fa- cility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. ‘‘(2) INCLUSIONS.—In this section, the term ‘eligible facility’ may include— ‘‘(A) a limited access highway; ‘‘(B) a viaduct; and ‘‘(C) any other principal arterial facility. ‘‘(b) ESTABLISHMENT.—The Secretary [of Transpor- tation] shall establish a pilot program through which an eligible entity may apply for funding, in order to re- store community connectivity— ‘‘(1) to study the feasibility and impacts of remov- ing, retrofitting, or mitigating an existing eligible fa- cility; ‘‘(2) to conduct planning activities necessary to de- sign a project to remove, retrofit, or mitigate an ex- isting eligible facility; and ‘‘(3) to conduct construction activities necessary to carry out a project to remove, retrofit, or mitigate an existing eligible facility. ‘‘(c) PLANNING GRANTS.— ‘‘(1) ELIGIBLE ENTITIES.—The Secretary may award a grant (referred to in this section as a ‘planning grant’) to carry out planning activities described in paragraph (2) to— ‘‘(A) a State; ‘‘(B) a unit of local government; ‘‘(C) a Tribal government; ‘‘(D) a metropolitan planning organization; and ‘‘(E) a nonprofit organization. ‘‘(2) ELIGIBLE ACTIVITIES DESCRIBED.—The planning activities referred to in paragraph (1) are— ‘‘(A) planning studies to evaluate the feasibility of removing, retrofitting, or mitigating an existing eligible facility to restore community connectivity, including evaluations of— ‘‘(i) current traffic patterns on the eligible fa- cility proposed for removal, retrofit, or mitiga- tion and the surrounding street network; ‘‘(ii) the capacity of existing transportation networks to maintain mobility needs; ‘‘(iii) an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility, including an analysis of whether the available right-of-way would suffice to create an alternative roadway design; ‘‘(iv) the effect of the removal, retrofit, or miti- gation of the eligible facility on the mobility of freight and people; ‘‘(v) the effect of the removal, retrofit, or miti- gation of the eligible facility on the safety of the traveling public; ‘‘(vi) the cost to remove, retrofit, or mitigate the eligible facility— ‘‘(I) to restore community connectivity; and Page 18 TITLE 23—HIGHWAYS § 101 ‘‘(II) to convert the eligible facility to a dif- ferent roadway design or use, compared to any expected costs for necessary maintenance or re- construction of the eligible facility; ‘‘(vii) the anticipated economic impact of re- moving, retrofitting, or mitigating and con- verting the eligible facility and any economic de- velopment opportunities that would be created by removing, retrofitting, or mitigating and con- verting the eligible facility; and ‘‘(viii) the environmental impacts of retaining or reconstructing the eligible facility and the an- ticipated effect of the proposed alternative use or roadway design; ‘‘(B) public engagement activities to provide op- portunities for public input into a plan to remove and convert an eligible facility; and ‘‘(C) other transportation planning activities re- quired in advance of a project to remove, retrofit, or mitigate an existing eligible facility to restore community connectivity, as determined by the Sec- retary. ‘‘(3) TECHNICAL ASSISTANCE PROGRAM.— ‘‘(A) IN GENERAL.—The Secretary may provide technical assistance described in subparagraph (B) to an eligible entity. ‘‘(B) TECHNICAL ASSISTANCE DESCRIBED.—The tech- nical assistance referred to in subparagraph (A) is technical assistance in building organizational or community capacity— ‘‘(i) to engage in transportation planning; and ‘‘(ii) to identify innovative solutions to infra- structure challenges, including reconnecting communities that— ‘‘(I) are bifurcated by eligible facilities; or ‘‘(II) lack safe, reliable, and affordable trans- portation choices. ‘‘(C) PRIORITIES.—In selecting recipients of tech- nical assistance under subparagraph (A), the Sec- retary shall give priority to an application from a community that is economically disadvantaged. ‘‘(4) SELECTION.—The Secretary shall— ‘‘(A) solicit applications for— ‘‘(i) planning grants; and ‘‘(ii) technical assistance under paragraph (3); and ‘‘(B) evaluate applications for a planning grant on the basis of the demonstration by the applicant that— ‘‘(i) the eligible facility is aged and is likely to need replacement or significant reconstruction within the 20-year period beginning on the date of the submission of the application; ‘‘(ii) the eligible facility— ‘‘(I) creates barriers to mobility, access, or economic development; or ‘‘(II) is not justified by current and forecast future travel demand; and ‘‘(iii) on the basis of preliminary investigations into the feasibility of removing, retrofitting, or mitigating the eligible facility to restore commu- nity connectivity, further investigation is nec- essary and likely to be productive. ‘‘(5) AWARD AMOUNTS.—A planning grant may not exceed $2,000,000 per recipient. ‘‘(6) FEDERAL SHARE.—The total Federal share of the cost of a planning activity for which a planning grant is used shall not exceed 80 percent. ‘‘(d) CAPITAL CONSTRUCTION GRANTS.— ‘‘(1) ELIGIBLE ENTITIES.—The Secretary may award a grant (referred to in this section as a ‘capital con- struction grant’) to the owner of an eligible facility to carry out an eligible project described in para- graph (3) for which all necessary feasibility studies and other planning activities have been completed. ‘‘(2) PARTNERSHIPS.—An owner of an eligible facil- ity may, for the purposes of submitting an applica- tion for a capital construction grant, if applicable, partner with— ‘‘(A) a State; ‘‘(B) a unit of local government; ‘‘(C) a Tribal government; ‘‘(D) a metropolitan planning organization; or ‘‘(E) a nonprofit organization. ‘‘(3) ELIGIBLE PROJECTS.—A project eligible to be carried out with a capital construction grant in- cludes— ‘‘(A) the removal, retrofit, or mitigation of an eli- gible facility; and ‘‘(B) the replacement of an eligible facility with a new facility that— ‘‘(i) restores community connectivity; and ‘‘(ii) is— ‘‘(I) sensitive to the context of the sur- rounding community; and ‘‘(II) otherwise eligible for funding under title 23, United States Code. ‘‘(4) SELECTION.—The Secretary shall— ‘‘(A) solicit applications for capital construction grants; and ‘‘(B) evaluate applications on the basis of— ‘‘(i) the degree to which the project will im- prove mobility and access through the removal of barriers; ‘‘(ii) the appropriateness of removing, retro- fitting, or mitigating the eligible facility, based on current traffic patterns and the ability of the replacement facility and the regional transpor- tation network to absorb transportation demand and provide safe mobility and access; ‘‘(iii) the impact of the project on freight move- ment; ‘‘(iv) the results of a cost-benefit analysis of the project; ‘‘(v) the opportunities for inclusive economic development; ‘‘(vi) the degree to which the eligible facility is out of context with the current or planned land use; ‘‘(vii) the results of any feasibility study com- pleted for the project; and ‘‘(viii) the plan of the applicant for— ‘‘(I) employing residents in the area impacted by the project through targeted hiring pro- grams, in partnership with registered appren- ticeship programs, if applicable; and ‘‘(II) contracting and subcontracting with dis- advantaged business enterprises. ‘‘(5) MINIMUM AWARD AMOUNTS.—A capital construc- tion grant shall be in an amount not less than $5,000,000 per recipient. ‘‘(6) FEDERAL SHARE.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), a capital construction grant may not exceed 50 per- cent of the total cost of the project for which the grant is awarded. ‘‘(B) MAXIMUM FEDERAL INVOLVEMENT.—Federal assistance other than a capital construction grant may be used to satisfy the non-Federal share of the cost of a project for which the grant is awarded, ex- cept that the total Federal assistance provided for a project for which the grant is awarded may not exceed 80 percent of the total cost of the project. ‘‘(7) COMMUNITY ADVISORY BOARD.— ‘‘(A) IN GENERAL.—To help achieve inclusive eco- nomic development benefits with respect to the project for which a grant is awarded, a grant recipi- ent may form a community advisory board, which shall— ‘‘(i) facilitate community engagement with re- spect to the project; and ‘‘(ii) track progress with respect to commit- ments of the grant recipient to inclusive employ- ment, contracting, and economic development under the project. ‘‘(B) MEMBERSHIP.—If a grant recipient forms a community advisory board under subparagraph (A), the community advisory board shall be composed of representatives of— ‘‘(i) the community; Page 19 TITLE 23—HIGHWAYS § 101 ‘‘(ii) owners of businesses that serve the com- munity; ‘‘(iii) labor organizations that represent work- ers that serve the community; and ‘‘(iv) State and local government. ‘‘(e) REPORTS.— ‘‘(1) USDOT REPORT ON PROGRAM.—Not later than January 1, 2026, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and In- frastructure of the House of Representatives a report that evaluates the program under this section, in- cluding— ‘‘(A) information about the level of applicant in- terest in planning grants, technical assistance under subsection (c)(3), and capital construction grants, including the extent to which overall de- mand exceeded available funds; and ‘‘(B) for recipients of capital construction grants, the outcomes and impacts of the highway removal project, including— ‘‘(i) any changes in the overall level of mobil- ity, congestion, access, and safety in the project area; and ‘‘(ii) environmental impacts and economic de- velopment opportunities in the project area. ‘‘(2) GAO REPORT ON HIGHWAY REMOVALS.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Comptroller General of the United States shall issue a report that— ‘‘(A) identifies examples of projects to remove highways using Federal highway funds; ‘‘(B) evaluates the effect of highway removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people; ‘‘(C) evaluates the existing Federal-aid program eligibility under title 23, United States Code, for highway removal projects; ‘‘(D) analyzes the costs and benefits of and bar- riers to removing underutilized highways that are nearing the end of their useful life compared to re- placing or reconstructing the highway; and ‘‘(E) provides recommendations for integrating those assessments into transportation planning and decision-making processes. ‘‘(f) TECHNICAL ASSISTANCE.—Of the funds made avail- able to carry out this section for planning grants, the Secretary may use not more than $15,000,000 during the period of fiscal years 2022 through 2026 to provide tech- nical assistance under subsection (c)(3). ‘‘(g) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this sec- tion shall be treated as a project on a Federal-aid high- way under chapter 1 of title 23, United States Code.’’ CYBERSECURITY TOOL; CYBER COORDINATOR Pub. L. 117–58, div. A, title I, § 11510, Nov. 15, 2021, 135 Stat. 592, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Highway Ad- ministration. ‘‘(2) CYBER INCIDENT.—The term ‘cyber incident’ has the meaning given the term ‘incident’ in section 3552 of title 44, United States Code. ‘‘(3) TRANSPORTATION AUTHORITY.—The term ‘trans- portation authority’ means— ‘‘(A) a public authority (as defined in section 101(a) of title 23, United States Code); ‘‘(B) an owner or operator of a highway (as de- fined in section 101(a) of title 23, United States Code); ‘‘(C) a manufacturer that manufactures a product related to transportation; and ‘‘(D) a division office of the Federal Highway Ad- ministration. ‘‘(b) CYBERSECURITY TOOL.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Ad- ministrator shall develop a tool to assist transpor- tation authorities in identifying, detecting, pro- tecting against, responding to, and recovering from cyber incidents. ‘‘(2) REQUIREMENTS.—In developing the tool under paragraph (1), the Administrator shall— ‘‘(A) use the cybersecurity framework established by the National Institute of Standards and Tech- nology and required by Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11739; relating to im- proving critical infrastructure cybersecurity) [6 U.S.C. 121 note]; ‘‘(B) establish a structured cybersecurity assess- ment and development program; ‘‘(C) coordinate with the Transportation Security Administration and the Cybersecurity and Infra- structure Security Agency; ‘‘(D) consult with appropriate transportation au- thorities, operating agencies, industry stake- holders, and cybersecurity experts; and ‘‘(E) provide for a period of public comment and review on the tool. ‘‘(c) DESIGNATION OF CYBER COORDINATOR.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator shall designate an office as a ‘cyber coordinator’, which shall be responsible for monitoring, alerting, and advising transportation authorities of cyber inci- dents. ‘‘(2) REQUIREMENTS.—The office designated under paragraph (1) shall, in coordination with the Trans- portation Security Administration and the Cybersecurity and Infrastructure Security Agency— ‘‘(A) provide to transportation authorities a se- cure method of notifying the Federal Highway Ad- ministration of cyber incidents; ‘‘(B) share the information collected under sub- paragraph (A) with the Transportation Security Administration and the Cybersecurity and Infra- structure Security Agency; ‘‘(C) monitor cyber incidents that affect transpor- tation authorities; ‘‘(D) alert transportation authorities to cyber in- cidents that affect those transportation authori- ties; ‘‘(E) investigate unaddressed cyber incidents that affect transportation authorities; and ‘‘(F) provide to transportation authorities edu- cational resources, outreach, and awareness on fun- damental principles and best practices in cybersecurity for transportation systems.’’ FEDERAL EMPLOYEE COMPENSATION FOLLOWING HIGHWAY TRUST FUND EXPIRATION Pub. L. 117–44, title I, § 108, Oct. 2, 2021, 135 Stat. 386, as amended by Pub. L. 117–52, § 3, Oct. 31, 2021, 135 Stat. 409, provided that: ‘‘(a) IN GENERAL.—Each employee of the United States Government furloughed as a result of a covered lapse in Highway Trust Fund expenditure authority shall be paid for the period of the covered lapse, and each excepted employee who is required to perform work during a covered lapse shall be paid for such work, at the employee’s standard rate of pay, at the earliest date possible after the covered lapse ends, re- gardless of scheduled pay dates, and subject to avail- ability of funds. ‘‘(b) COVERED LAPSE.—In this section, the term ‘cov- ered lapse in Highway Trust Fund expenditure author- ity’ means any lapse in authority to make expenditures from the Highway Trust Fund that begins on— ‘‘(1) October 1, 2021, and ends on or before the date of enactment of this Act [Oct. 2, 2021]; or ‘‘(2) November 1, 2021, and ends on or before the date of enactment of the Further Surface Transpor- tation Extension Act of 2021 [Oct. 31, 2021].’’ EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS Pub. L. 117–44, § 2, title I, § 101, Oct. 2, 2021, 135 Stat. 382, 383, as amended by Pub. L. 117–52, § 2, Oct. 31, 2021, 135 Stat. 409, provided that: Page 20 TITLE 23—HIGHWAYS § 101 ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act [see Short Title of 2021 Amendment note set out above]: ‘‘(1) COVERED LAW.—The term ‘covered law’ means any of the following: ‘‘(A) Titles I, II, III, IV, V, VI, VII, VIII, XI, and XXIV of the FAST Act (Public Law 114–94; 129 Stat. 1312) [see Tables for classification]. ‘‘(B) Division A, division B, subtitle A of title I and title II of division C, and division E of MAP–21 (Public Law 112–141; 126 Stat. 405) [see Tables for classification]. ‘‘(C) Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244; 122 Stat. 1572) [see Tables for classification]. ‘‘(D) Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144) [see Tables for classification]. ‘‘(E) Titles I, II, III, IV, and V of the Transpor- tation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 107) [see Tables for classification]. ‘‘(F) Titles II, III, and IV of the National Highway System Designation Act of 1995 (Public Law 104–59; 109 Stat. 568) [see Tables for classification]. ‘‘(G) Titles I, II, III, IV, V, and VI of the Inter- modal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 1914) [see Tables for classification]. ‘‘(H) Title 23, United States Code. ‘‘(I) Sections 116, 117, 330, 5128, 5505, and 24905 and chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, United States Code. ‘‘(J) Division B of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116–159; 134 Stat. 725) [see Tables for classification]. ‘‘(2) EXTENSION END DATE.—The term ‘extension end date’ means December 3, 2021. ‘‘(3) EXTENSION FRACTION.—The term ‘extension fraction’ means the quotient, expressed as a fraction, obtained by dividing— ‘‘(A) the number of days in the extension period; by ‘‘(B) 365. ‘‘(4) EXTENSION PERIOD.—The term ‘extension pe- riod’ means the period that begins on October 1, 2021, and ends on the extension end date. ‘‘(5) HIGHWAY ACCOUNT.—The term ‘Highway Ac- count’ means the portion of the Highway Trust Fund that is not the Mass Transit Account. ‘‘(6) MASS TRANSIT ACCOUNT.—The term ‘Mass Tran- sit Account’ means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Inter- nal Revenue Code of 1986. ‘‘(7) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. ‘‘(8) STATE.—The term ‘State’ means the 50 States and the District of Columbia. ‘‘SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS. ‘‘(a) IN GENERAL.—Except as otherwise provided in this Act, the requirements, authorities, conditions, eli- gibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2021, are incor- porated by reference and shall continue in effect through the extension end date. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) HIGHWAY TRUST FUND.— ‘‘(A) HIGHWAY ACCOUNT.—There is authorized to be appropriated from the Highway Account for fiscal year 2022, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the extension fraction of the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2021. ‘‘(B) MASS TRANSIT ACCOUNT.—There is authorized to be appropriated from the Mass Transit Account for fiscal year 2022, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2021, an amount equal to the extension fraction of the amount au- thorized for appropriation with respect to the pro- gram from such account under the covered laws for fiscal year 2021. ‘‘(2) GENERAL FUND.—There is authorized to be ap- propriated for fiscal year 2022, for each program under the covered laws with respect to which amounts are authorized to be appropriated for fiscal year 2021 from an account other than the Highway Account or the Mass Transit Account, an amount that is not less than the extension fraction of the amount authorized for appropriation with respect to the program under the covered laws for fiscal year 2021. ‘‘(c) USE OF FUNDS.— ‘‘(1) IN GENERAL.—Except as described in paragraph (2), amounts authorized to be appropriated for fiscal year 2022 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2021 under the covered laws. ‘‘(2) APPORTIONMENT TO STATES.— ‘‘(A) IN GENERAL.—Notwithstanding subsections (c)(2) or (e)(1) of section 104 of title 23, United States Code, the Secretary— ‘‘(i) shall not apportion on October 1, 2021, amounts authorized to be appropriated for fiscal year 2022 under subsection (b)(1)(A) with a respect to a program described in subparagraph (B); and ‘‘(ii) shall not apportion such amounts before October 15, 2021. ‘‘(B) PROGRAMS DESCRIBED.—A program referred to in subparagraph (A)(i) is a program— ‘‘(i) for which amounts are authorized to be ap- propriated under subsection (b)(1)(A); and ‘‘(ii) under which amounts described in clause (i) will be apportioned to States as described in section 104 of title 23, United States Code. ‘‘(C) NOTICE TO STATES.—Section 104(e)(2) of title 23, United States Code, shall not apply for fiscal year 2022. ‘‘(d) OBLIGATION LIMITATION.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), a pro- gram for which amounts are authorized to be appro- priated under subsection (b)(1) shall be subject to a limitation on obligations for fiscal year 2022 in an amount equal to the extension fraction of the limita- tion on obligations for the program for fiscal year 2021 and in the same manner as the limitation appli- cable with respect to the program for fiscal year 2021. ‘‘(2) FEDERAL-AID HIGHWAYS.— ‘‘(A) IN GENERAL.—In distributing a limitation on obligations for Federal-aid highways for qualifying programs, the Secretary— ‘‘(i) shall reserve, for qualifying programs, an amount of the limitation on obligations for Fed- eral-aid highways equal to the amount calculated for the extension period for qualifying programs in effect on the date of enactment of this Act [Oct. 2, 2021]; and ‘‘(ii) if H.R. 3684 (117th Congress) is enacted, may distribute the amount determined under clause (i) among qualifying programs (including any qualifying programs established pursuant to such H.R. 3684) in a manner determined to be ap- propriate by the Secretary. ‘‘(B) CALCULATION.—Notwithstanding the enact- ment of H.R. 3684 (117th Congress), the Secretary shall calculate the amount under subparagraph (A)(i) in the manner described in section 120(a)(4) of division L of the Consolidated Appropriations Act, 2021 (Public Law 116–260) [23 U.S.C. 104 note]. ‘‘(C) DEFINITION OF QUALIFYING PROGRAM.—In this paragraph, the term ‘qualifying program’ means a program for Federal-aid highways that is— Page 21 TITLE 23—HIGHWAYS § 101 ‘‘(i) allocated by the Secretary under— ‘‘(I) title 23, United States Code; ‘‘(II) subsection (c)(1); or ‘‘(III) H.R. 3684 (117th Congress), if enacted; or ‘‘(ii) apportioned by the Secretary under section 202 or 204 of title 23, United States Code.’’ Pub. L. 116–159, div. B, title I, § 1101, Oct. 1, 2020, 134 Stat. 725, provided that: ‘‘(a) IN GENERAL.—Except as otherwise provided in this division [amending sections 117 and 403 of this title, sections 9502 to 9504 and 9508 of Title 26, Internal Revenue Code, sections 14703 and 14704 of Title 40, Pub- lic Buildings, Property, and Works, former section 822 of Title 45, Railroads, and section 24321 of Title 49, Transportation], the requirements, authorities, condi- tions, eligibilities, limitations, and other provisions authorized under the covered laws, which would other- wise expire on or cease to apply after September 30, 2020, are incorporated by reference and shall continue in effect through September 30, 2021. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) HIGHWAY TRUST FUND.— ‘‘(A) HIGHWAY ACCOUNT.—There is authorized to be appropriated from the Highway Account for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with re- spect to the program from such account under the covered laws for fiscal year 2020. ‘‘(B) MASS TRANSIT ACCOUNT.—There is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2020. ‘‘(2) GENERAL FUND.—There is authorized to be ap- propriated for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated for fiscal year 2020 from an account other than the Highway Account or the Mass Transit Account, an amount that is not less than the amount authorized for ap- propriation with respect to the program under the covered laws for fiscal year 2020. ‘‘(c) USE OF FUNDS.—Amounts authorized to be appro- priated for fiscal year 2021 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2020 under the covered laws. ‘‘(d) OBLIGATION LIMITATION.—A program for which amounts are authorized to be appropriated under sub- section (b)(1) shall be subject to a limitation on obliga- tions for fiscal year 2021 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2020. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) COVERED LAWS.—The term ‘covered laws’ means the following: ‘‘(A) Titles I, II, III, IV, V, VI, VII, VIII, XI, and XXIV of the FAST Act (Public Law 114–94) [see Ta- bles for classification]. ‘‘(B) Division A, division B, subtitle A of title I and title II of division C, and division E of MAP–21 (Public Law 112–141) [see Tables for classification]. ‘‘(C) Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244) [see Tables for classification]. ‘‘(D) Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59) [see Tables for classification]. ‘‘(E) Titles I, II, III, IV, and V of the Transpor- tation Equity Act for the 21st Century (Public Law 105–178) [see Tables for classification]. ‘‘(F) Titles II, III, and IV of the National Highway System Designation Act of 1995 (Public Law 104–59) [see Tables for classification]. ‘‘(G) Titles I, II, III, IV, V, and VI of the Inter- modal Surface Transportation Efficiency Act of 1991 (Public Law 102–240) [see Tables for classifica- tion]. ‘‘(H) Title 23, United States Code. ‘‘(I) Sections 116, 117, 330, 5128, 5505, and 24905 and chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, United States Code. ‘‘(2) HIGHWAY ACCOUNT.—The term ‘Highway Ac- count’ means the portion of the Highway Trust Fund that is not the Mass Transit Account. ‘‘(3) MASS TRANSIT ACCOUNT.—The term ‘Mass Tran- sit Account’ means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Inter- nal Revenue Code of 1986 [26 U.S.C. 9503(e)(1)].’’ FLEXIBILITY FOR PROJECTS Pub. L. 114–94, div. A, title I, § 1420, Dec. 4, 2015, 129 Stat. 1423, as amended by Pub. L. 117–58, div. A, title I, § 11306, Nov. 15, 2021, 135 Stat. 532, provided that: ‘‘(a) AUTHORITY.—With respect to projects eligible for funding under title 23, United States Code, subject to subsection (b), on request by a State, and if in the pub- lic interest (as determined by the Secretary [of Trans- portation]), the Secretary shall exercise all existing flexibilities under— ‘‘(1) the requirements of title 23, United States Code; and ‘‘(2) other requirements administered by the Sec- retary, in whole or in part. ‘‘(b) MAINTAINING PROTECTIONS.—Nothing in this sec- tion— ‘‘(1) waives the requirements of section 113 or 138 of title 23, United States Code; ‘‘(2) supersedes, amends, or modifies— ‘‘(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal en- vironmental law (including regulations); or ‘‘(B) any requirement of title 23 or title 49, United States Code; or ‘‘(3) affects the responsibility of any Federal officer to comply with or enforce any law or requirement de- scribed in this subsection.’’ PRODUCTIVE AND TIMELY EXPENDITURE OF FUNDS Pub. L. 114–94, div. A, title I, § 1421, Dec. 4, 2015, 129 Stat. 1424, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Sec- retary [of Transportation] shall develop guidance that encourages the use of programmatic approaches to project delivery, expedited and prudent procurement techniques, and other best practices to facilitate pro- ductive, effective, and timely expenditure of funds for projects eligible for funding under title 23, United States Code. ‘‘(b) IMPLEMENTATION.—The Secretary shall work with States to ensure that any guidance developed under subsection (a) is consistently implemented by States and the Federal Highway Administration to— ‘‘(1) avoid unnecessary delays in completing projects; ‘‘(2) minimize cost overruns; and ‘‘(3) ensure the effective use of Federal funding.’’ USE OF DURABLE, RESILIENT, AND SUSTAINABLE MATERIALS AND PRACTICES Pub. L. 114–94, div. A, title I, § 1428, Dec. 4, 2015, 129 Stat. 1426, provided that: ‘‘To the extent practicable, the Secretary [of Transportation] shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies, in carrying out the activities of the Federal Highway Administration.’’ EVERY DAY COUNTS INITIATIVE Pub. L. 114–94, div. A, title I, § 1444, Dec. 4, 2015, 129 Stat. 1436, provided that: ‘‘(a) IN GENERAL.—It is in the national interest for the Department [of Transportation], State departments Page 22 TITLE 23—HIGHWAYS § 101 of transportation, and all other recipients of Federal transportation funds— ‘‘(1) to identify, accelerate, and deploy innovation aimed at shortening project delivery, enhancing the safety of the roadways of the United States, and pro- tecting the environment; ‘‘(2) to ensure that the planning, design, engineer- ing, construction, and financing of transportation projects is done in an efficient and effective manner; ‘‘(3) to promote the rapid deployment of proven so- lutions that provide greater accountability for public investments and encourage greater private sector in- volvement; and ‘‘(4) to create a culture of innovation within the highway community. ‘‘(b) EVERY DAY COUNTS INITIATIVE.—To advance the policy described in subsection (a), the Administrator of the Federal Highway Administration shall continue the Every Day Counts initiative to work with States, local transportation agencies, and industry stakeholders to identify and deploy proven innovative practices and products that— ‘‘(1) accelerate innovation deployment; ‘‘(2) shorten the project delivery process; ‘‘(3) improve environmental sustainability; ‘‘(4) enhance roadway safety; and ‘‘(5) reduce congestion. ‘‘(c) INNOVATION DEPLOYMENT.— ‘‘(1) IN GENERAL.—At least every 2 years, the Ad- ministrator shall work collaboratively with stake- holders to identify a new collection of innovations, best practices, and data to be deployed to highway stakeholders through case studies, webinars, and demonstration projects. ‘‘(2) REQUIREMENTS.—In identifying a collection de- scribed in paragraph (1), the Secretary shall take into account market readiness, impacts, benefits, and ease of adoption of the innovation or practice. ‘‘(d) PUBLICATION.—Each collection identified under subsection (c) shall be published by the Administrator on a publicly available Web site.’’ FINDINGS Pub. L. 113–159, § 2, Aug. 8, 2014, 128 Stat. 1839, pro- vided that: ‘‘Congress finds that— ‘‘(1) the existing Highway Trust Fund system is unsustainable and unable to meet our Nation’s 21st century transportation needs; ‘‘(2) MAP–21 [Pub. L. 112–141, see Tables for classi- fication] included important reforms that must be built upon in the next reauthorization bill to increase the efficient and effective utilization of Federal fund- ing; ‘‘(3) these reforms should include the elimination of duplicative Federal regulations and increase the au- thority and responsibility of the States to safely and efficiently build, operate, and fund transportation systems that best serve the needs of their citizens, in- cluding the ability of each State to implement inno- vative solutions, while also maintaining the appro- priate Federal role in transportation; and ‘‘(4) Congress should enact and the President should sign a surface transportation reauthorization and re- form bill prior to the expiration of this Act [probably means expiration of program extensions provided by Pub. L. 113–159].’’ DECLARATION OF POLICY AND PROJECT DELIVERY INITIATIVE Pub. L. 112–141, div. A, title I, § 1301(a), (b), July 6, 2012, 126 Stat. 527, provided that: ‘‘(a) IN GENERAL.—It is the policy of the United States that— ‘‘(1) it is in the national interest for the Depart- ment [of Transportation], State departments of transportation, transit agencies, and all other recipi- ents of Federal transportation funds— ‘‘(A) to accelerate project delivery and reduce costs; and ‘‘(B) to ensure that the planning, design, engi- neering, construction, and financing of transpor- tation projects is done in an efficient and effective manner, promoting accountability for public in- vestments and encouraging greater private sector involvement in project financing and delivery while enhancing safety and protecting the environment; ‘‘(2) delay in the delivery of transportation projects increases project costs, harms the economy of the United States, and impedes the travel of the people of the United States and the shipment of goods for the conduct of commerce; and ‘‘(3) the Secretary [of Transportation] shall identify and promote the deployment of innovation aimed at reducing the time and money required to deliver transportation projects while enhancing safety and protecting the environment. ‘‘(b) PROJECT DELIVERY INITIATIVE.— ‘‘(1) IN GENERAL.—To advance the policy described in subsection (a), the Secretary [of Transportation] shall carry out a project delivery initiative under this section [amending this section and enacting this note]. ‘‘(2) PURPOSES.—The purposes of the project deliv- ery initiative shall be— ‘‘(A) to develop and advance the use of best prac- tices to accelerate project delivery and reduce costs across all modes of transportation and expedite the deployment of technology and innovation; ‘‘(B) to implement provisions of law designed to accelerate project delivery; and ‘‘(C) to select eligible projects for applying exper- imental features to test innovative project delivery techniques. ‘‘(3) ADVANCING THE USE OF BEST PRACTICES.— ‘‘(A) IN GENERAL.—In carrying out the initiative under this section, the Secretary shall identify and advance best practices to reduce delivery time and project costs, from planning through construction, for transportation projects and programs of projects regardless of mode and project size. ‘‘(B) ADMINISTRATION.—To advance the use of best practices, the Secretary shall— ‘‘(i) engage interested parties, affected commu- nities, resource agencies, and other stakeholders to gather information regarding opportunities for accelerating project delivery and reducing costs; ‘‘(ii) establish a clearinghouse for the collec- tion, documentation, and advancement of exist- ing and new innovative approaches and best prac- tices; ‘‘(iii) disseminate information through a vari- ety of means to transportation stakeholders on new innovative approaches and best practices; and ‘‘(iv) provide technical assistance to assist transportation stakeholders in the use of flexi- bility authority to resolve project delays and ac- celerate project delivery if feasible. ‘‘(4) IMPLEMENTATION OF ACCELERATED PROJECT DE- LIVERY.—The Secretary shall ensure that the provi- sions of this subtitle [subtitle C (§§ 1301–1323) of title I of div. A of Pub. L. 112–141, see Tables for classifica- tion] designed to accelerate project delivery are fully implemented, including— ‘‘(A) expanding eligibility of early acquisition of property prior to completion of environmental re- view under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ‘‘(B) allowing the use of the construction man- ager or general contractor method of contracting in the Federal-aid highway system; and ‘‘(C) establishing a demonstration program to streamline the relocation process by permitting a lump-sum payment for acquisition and relocation if elected by the displaced occupant.’’ INNOVATIVE PROJECT DELIVERY METHODS POLICY Pub. L. 112–141, div. A, title I, § 1304(a), July 6, 2012, 126 Stat. 532, provided that: Page 23 TITLE 23—HIGHWAYS § 101 ‘‘(1) IN GENERAL.—Congress declares that it is in the national interest to promote the use of innovative technologies and practices that increase the efficiency of construction of, improve the safety of, and extend the service life of highways and bridges. ‘‘(2) INCLUSIONS.—The innovative technologies and practices described in paragraph (1) include state-of- the-art intelligent transportation system technologies, elevated performance standards, and new highway con- struction business practices that improve highway safety and quality, accelerate project delivery, and re- duce congestion related to highway construction.’’ REPORT ON HIGHWAY TRUST FUND EXPENDITURES Pub. L. 114–94, div. A, title I, § 1433, Dec. 4, 2015, 129 Stat. 1430, which required periodic reports describing the administrative expenses of the Federal Highway Administration funded from the Highway Trust Fund, was repealed by Pub. L. 117–58, div. A, title I, § 11125(a), Nov. 15, 2021, 135 Stat. 506. Pub. L. 112–141, div. A, title I, § 1535, July 6, 2012, 126 Stat. 584, provided that: ‘‘(a) INITIAL REPORT.—Not later than 150 days after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes above], the Comptroller General of the United States shall submit to Congress a report describing the activities funded from the High- way Trust Fund during each of fiscal years 2009 through 2011, including for purposes other than construction and maintenance of highways and bridges. ‘‘(b) UPDATES.—Not later than 5 years after the date on which the report is submitted under subsection (a) and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report that updates the information provided in the report under that subsection for the applicable 5-year period. ‘‘(c) INCLUSIONS.—A report submitted under sub- section (a) or (b) shall include information similar to the information included in the report of the Govern- ment Accountability Office numbered ‘GAO–09–729R’ and entitled ‘Highway Trust Fund Expenditures on Purposes Other Than Construction and Maintenance of Highways and Bridges During Fiscal Years 2004–2008’.’’ PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE Pub. L. 109–59, title I, § 1301, Aug. 10, 2005, 119 Stat. 1198, as amended by Pub. L. 110–244, title I, § 103(a), June 6, 2008, 122 Stat. 1578; Pub. L. 112–141, div. A, title I, § 1120, July 6, 2012, 126 Stat. 492, which provided for the establishment of a program to provide grants to eligi- ble applicants for surface transportation programs of national and regional significance, set out criteria for selection for such grants and grant requirements, and authorized appropriations for the implementation of the program, was repealed by Pub. L. 114–94, div. A, title I, § 1105(c), Dec. 4, 2015, 129 Stat. 1337. NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM Pub. L. 109–59, title I, § 1302, Aug. 10, 2005, 119 Stat. 1204, as amended by Pub. L. 110–244, title I, §§ 101(d), 103(b), June 6, 2008, 122 Stat. 1573, 1578, which related to the National Corridor Infrastructure Improvement Pro- gram, was repealed by Pub. L. 112–141, div. A, title I, § 1519(b)(2), July 6, 2012, 126 Stat. 575. DELTA REGION TRANSPORTATION DEVELOPMENT PROGRAM Pub. L. 109–59, title I, § 1308, Aug. 10, 2005, 119 Stat. 1218, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Transportation] shall carry out a program in the 8 States comprising the Delta Region (Alabama, Arkansas, Illinois, Ken- tucky, Louisiana, Mississippi, Missouri, and Tennessee) to— ‘‘(1) support and encourage multistate transpor- tation planning and corridor development; ‘‘(2) provide for transportation project develop- ment; ‘‘(3) facilitate transportation decisionmaking; and ‘‘(4) support transportation construction. ‘‘(b) ELIGIBLE RECIPIENTS.—A State transportation department or metropolitan planning organization in a Delta Region State may receive and administer funds provided under the program. ‘‘(c) ELIGIBLE ACTIVITIES.—The Secretary [of Trans- portation] shall make allocations under the program for multistate highway planning, development, and construction projects. ‘‘(d) OTHER PROVISIONS REGARDING ELIGIBILITY.—All activities funded under this program shall be con- sistent with the continuing, cooperative, and com- prehensive planning processes required by sections 134 and 135 of title 23, United States Code. ‘‘(e) SELECTION CRITERIA.—The Secretary [of Trans- portation] shall select projects to be carried out under the program based on— ‘‘(1) whether the project is located— ‘‘(A) in an area under the authority of the Delta Regional Authority; and ‘‘(B) on a Federal-aid highway; ‘‘(2) endorsement of the project by the State depart- ment of transportation; and ‘‘(3) evidence of the ability of the recipient of funds provided under the program to complete the project. ‘‘(f) PROGRAM PRIORITIES.—In administering the pro- gram, the Secretary [of Transportation] shall— ‘‘(1) encourage State and local officials to work to- gether to develop plans for multimodal and multi- jurisdictional transportation decisionmaking; and ‘‘(2) give priority to projects that emphasize multimodal planning, including planning for oper- ational improvements that— ‘‘(A) increase the mobility of people and goods; ‘‘(B) improve the safety of the transportation sys- tem with respect to catastrophic natural disasters or disasters caused by human activity; and ‘‘(C) contribute to the economic vitality of the area in which the project is being carried out. ‘‘(g) FEDERAL SHARE.—Amounts provided by the Delta Regional Authority to carry out a project under this subsection [probably means this section] may be applied to the non-Federal share of the project required by section 120 of title 23, United States Code. ‘‘(h) FUNDING.— ‘‘(1) IN GENERAL.—There is authorized to be appro- priated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $10,000,000 for each of fiscal years 2006 through 2009. ‘‘(2) CONTRACT AUTHORITY.—Funds made available to carry out this section shall be available for obliga- tion in the same manner as if such funds were appor- tioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended.’’ MOTORCYCLIST ADVISORY COUNCIL Pub. L. 114–94, div. A, title I, § 1426, Dec. 4, 2015, 129 Stat. 1426, which related to the establishment of a Mo- torcyclist Advisory Council, was repealed by Pub. L. 117–58, div. B, title IV, § 24111(c)(1), Nov. 15, 2021, 135 Stat. 815. See section 355 of Title 49, Transportation. Pub. L. 109–59, title I, § 1914, Aug. 10, 2005, 119 Stat. 1478, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Transportation], acting through the Administrator of the Federal High- way Administration, in consultation with the Com- mittee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate, shall appoint a Motorcyclist Advisory Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including— ‘‘(1) barrier design; ‘‘(2) road design, construction, and maintenance practices; and ‘‘(3) the architecture and implementation of intel- ligent transportation system technologies. ‘‘(b) COMPOSITION.—The Council shall consist of not more than 10 members of the motorcycling community Page 24 TITLE 23—HIGHWAYS § 101 with professional expertise in national motorcyclist safety advocacy, including— ‘‘(1) at least— ‘‘(A) one member recommended by a national mo- torcyclist association; ‘‘(B) one member recommended by a national mo- torcycle riders foundation; ‘‘(C) one representative of the National Associa- tion of State Motorcycle Safety Administrators; ‘‘(D) two members of State motorcyclists’ organi- zations; ‘‘(E) one member recommended by a national or- ganization that represents the builders of highway infrastructure; ‘‘(F) one member recommended by a national as- sociation that represents the traffic safety systems industry; and ‘‘(G) one member of a national safety organiza- tion; and ‘‘(2) at least one, and not more than two, motorcy- clists who are traffic system design engineers or State transportation department officials.’’ NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM Pub. L. 105–178, title I, § 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 coordi- nated planning, design, and construction of corridors of national significance, economic growth, and inter- national or interregional trade. A State or metropoli- tan 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 Effi- ciency 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 consid- eration 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 Im- plementation Act (Public Law 103–182 [Dec. 8, 1993]); and ‘‘(ii) is projected to increase in the future; ‘‘(B) the extent to which commercial vehicle traf- fic in each State— ‘‘(i) has increased since the date of enactment of the North American Free Trade Agreement Im- plementation 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 trav- el 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 pro- vided under this subsection, including— ‘‘(i) use of innovative financing; ‘‘(ii) combination with funding provided under other sections of this Act [see Tables for classi- fication] and title 23, United States Code; and ‘‘(iii) combination with other sources of Fed- eral, 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 devel- opment 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 cor- ridors 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 de- velop, and submit to the Secretary for review, a devel- opment and management plan for the corridor or a usa- ble component thereof with respect to which the allo- cation is being made. Such plan shall include, at a min- imum, the following elements: ‘‘(1) A complete and comprehensive analysis of cor- ridor 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 seg- ments. ‘‘(3) A finance plan, including any innovative fi- nancing methods and, if the corridor is a multistate corridor, a State-by-State breakdown of corridor fi- nances. ‘‘(4) The results of any environmental reviews and mitigation plans. ‘‘(5) The identification of any impediments to the development and construction of the corridor, includ- ing any environmental, social, political and economic objections. In the case of a multistate corridor, the Secretary shall encourage all States having jurisdiction over any por- tion of such corridor to participate in the development of such plan. ‘‘(e) APPLICABILITY OF TITLE 23.—Funds made avail- able 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 re- spect to a corridor under this section shall be coordi- nated 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.’’ BORDER INFRASTRUCTURE Pub. L. 114–94, div. A, title I, § 1437, Dec. 4, 2015, 129 Stat. 1432, provided that: ‘‘(a) IN GENERAL.—After consultation with relevant transportation planning organizations, the Governor of a State that shares a land border with Canada or Mex- ico may designate for each fiscal year not more than 5 percent of the funds made available to the State under section 133(d)(1)(B) of title 23, United States Code, for border infrastructure projects eligible under section 1303 of SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1207). ‘‘(b) USE OF FUNDS.—Funds designated under this sec- tion shall be available under the requirements of sec- tion 1303 of SAFETEA–LU (23 U.S.C. 101 note; 119 Stat. 1207). ‘‘(c) CERTIFICATION.—Before making a designation under subsection (a), the Governor shall certify that the designation is consistent with transportation plan- ning requirements under title 23, United States Code. Page 25 TITLE 23—HIGHWAYS § 101 ‘‘(d) NOTIFICATION.—Not later than 30 days after mak- ing a designation under subsection (a), the Governor shall submit to the relevant transportation planning organizations within the border region a written notifi- cation of any suballocated or distributed amount of funds available for obligation by jurisdiction. ‘‘(e) LIMITATION.—This section applies only to funds apportioned to a State after the date of enactment of this Act [Dec. 4, 2015]. ‘‘(f) DEADLINE FOR DESIGNATION.—A designation under subsection (a) shall— ‘‘(1) be submitted to the Secretary [of Transpor- tation] not later than 30 days before the first day of the fiscal year for which the designation is being made; and ‘‘(2) remain in effect for the funds designated under subsection (a) for a fiscal year until the Governor of the State notifies the Secretary of the termination of the designation. ‘‘(g) UNOBLIGATED FUNDS AFTER TERMINATION.—Effec- tive beginning on the date of a termination under sub- section (f)(2), all remaining unobligated funds that were designated under subsection (a) for the fiscal year for which the designation is being terminated shall be made available to the State for the purposes described in section 133(d)(1)(B) of title 23, United States Code.’’ Pub. L. 109–59, title I, § 1303, Aug. 10, 2005, 119 Stat. 1207, provided that: ‘‘(a) GENERAL AUTHORITY.—The Secretary [of Trans- portation] shall implement a coordinated border infra- structure program under which the Secretary shall dis- tribute funds to border States to improve the safe movement of motor vehicles at or across the border be- tween the United States and Canada and the border be- tween the United States and Mexico. ‘‘(b) ELIGIBLE USES.—Subject to subsection (d), a State may use funds apportioned under this section only for— ‘‘(1) improvements in a border region to existing transportation and supporting infrastructure that fa- cilitate cross-border motor vehicle and cargo move- ments; ‘‘(2) construction of highways and related safety and safety enforcement facilities in a border region that facilitate motor vehicle and cargo movements related to international trade; ‘‘(3) operational improvements in a border region, including improvements relating to electronic data interchange and use of telecommunications, to expe- dite cross border motor vehicle and cargo movement; ‘‘(4) modifications to regulatory procedures to expe- dite safe and efficient cross border motor vehicle and cargo movements; and ‘‘(5) international coordination of transportation planning, programming, and border operation with Canada and Mexico relating to expediting cross bor- der motor vehicle and cargo movements. ‘‘(c) APPORTIONMENT OF FUNDS.—On October 1 of each fiscal year, the Secretary [of Transportation] shall ap- portion among border States sums authorized to be ap- propriated to carry out this section for such fiscal year as follows: ‘‘(1) 20 percent in the ratio that— ‘‘(A) the total number of incoming commercial trucks that pass through the land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to ‘‘(B) the total number of incoming commercial trucks that pass through such ports of entry within the boundaries of all the border States, as deter- mined by the Secretary. ‘‘(2) 30 percent in the ratio that— ‘‘(A) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to ‘‘(B) the total number of incoming personal motor vehicles and incoming buses that pass through such ports of entry within the boundaries of all the bor- der States, as determined by the Secretary. ‘‘(3) 25 percent in the ratio that— ‘‘(A) the total weight of incoming cargo by com- mercial trucks that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to ‘‘(B) the total weight of incoming cargo by com- mercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. ‘‘(4) 25 percent of the ratio that— ‘‘(A) the total number of land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to ‘‘(B) the total number of land border ports of entry within the boundaries of all the border States, as determined by the Secretary. ‘‘(d) PROJECTS IN CANADA OR MEXICO.—A project in Canada or Mexico, proposed by a border State to di- rectly and predominantly facilitate cross-border motor vehicle and cargo movements at an international port of entry into the border region of the State, may be constructed using funds apportioned to the State under this section if, before obligation of those funds, Canada or Mexico, or the political subdivision of Canada or Mexico that is responsible for the operation of the fa- cility to be constructed, provides assurances satisfac- tory to the Secretary [of Transportation] that any fa- cility constructed under this subsection will be— ‘‘(1) constructed in accordance with standards equivalent to applicable standards in the United States; and ‘‘(2) properly maintained and used over the useful life of the facility for the purpose for which the Sec- retary is allocating such funds to the project. ‘‘(e) TRANSFER OF FUNDS TO THE GENERAL SERVICES ADMINISTRATION.— ‘‘(1) STATE FUNDS.—At the request of a border State, funds apportioned to the State under this sec- tion may be transferred to the General Services Ad- ministration for the purpose of funding one or more projects described in subsection (b) if— ‘‘(A) the Secretary [of Transportation] deter- mines, after consultation with the transportation department of the border State, that the General Services Administration should carry out the project; and ‘‘(B) the General Services Administration agrees to accept the transfer of, and to administer, those funds in accordance with this section. ‘‘(2) NON-FEDERAL SHARE.— ‘‘(A) IN GENERAL.—A border State that makes a request under paragraph (1) shall provide directly to the General Services Administration, for each project covered by the request, the non-Federal share of the cost of the project. ‘‘(B) NO AUGMENTATION OF APPROPRIATIONS.— Funds provided by a border State under subpara- graph (A)— ‘‘(i) shall not be considered to be an augmenta- tion of the appropriations made available to the General Services Administration; and ‘‘(ii) shall be— ‘‘(I) administered, subject to paragraph (1)(B), in accordance with the procedures of the Gen- eral Services Administration; but ‘‘(II) available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code. ‘‘(3) OBLIGATION AUTHORITY.—Obligation authority shall be transferred to the General Services Adminis- tration for a project in the same manner and amount as the funds provided for the project under paragraph (1). ‘‘(4) LIMITATION ON TRANSFER OF FUNDS.—No State may transfer to the General Services Administration under this subsection an amount that is more than the lesser of— ‘‘(A) 15 percent of the aggregate amount of funds apportioned to the State under this section for such fiscal year; or Page 26 TITLE 23—HIGHWAYS § 101 ‘‘(B) $5,000,000. ‘‘(f) APPLICABILITY OF TITLE 23.—Funds made avail- able to carry out this section shall be available for ob- ligation in the same manner as if such funds were ap- portioned under chapter 1 of title 23, United States Code; except that, subject to subsection (e), such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in ac- cordance with section 120 of such title. ‘‘(g) DEFINITIONS.—In this section, the following defi- nitions apply: ‘‘(1) BORDER REGION.—The term ‘border region’ means any portion of a border State within 100 miles of an international land border with Canada or Mex- ico. ‘‘(2) BORDER STATE.—The term ‘border State’ means any State that has an international land border with Canada or Mexico. ‘‘(3) COMMERCIAL TRUCK.—The term ‘commercial truck’ means a commercial motor vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, United States Code. ‘‘(4) MOTOR VEHICLE.—The term ‘motor vehicle’ has the meaning such term has under section 101(a) of title 23, United States Code. ‘‘(5) STATE.—The term ‘State’ has the meaning such term has in section 101(a) of such title 23.’’ Pub. L. 105–178, title I, § 1119, June 9, 1998, 112 Stat. 163, provided that: ‘‘(a) GENERAL AUTHORITY.—The Secretary shall estab- lish and implement a coordinated border infrastructure program under which the Secretary may make alloca- tions to border States and metropolitan planning orga- nizations for areas within the boundaries of 1 or more border States for projects to improve the safe move- ment of people and goods at or across the border be- tween the United States and Canada and the border be- tween the United States and Mexico. ‘‘(b) ELIGIBLE USES.—Allocations to States and met- ropolitan 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 improve- ments relating to electronic data interchange and use of telecommunications, to expedite cross border vehi- cle and cargo movement; ‘‘(4) modifications to regulatory procedures to expe- dite cross border vehicle and cargo movements; ‘‘(5) international coordination of planning, pro- gramming, 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, un- derutilized border crossing facilities and approaches; ‘‘(4) leveraging of Federal funds provided under this section, including use of innovative financing, com- bination of such funds with funding provided under other sections of this Act [see Tables for classifica- tion], 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 ve- hicles, cargo, and persons crossing international bor- ders and their counterpart agencies in Canada and Mexico; ‘‘(6) improvements in vehicle and highway safety and cargo security in and through the gateway or af- fected 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 af- fected port of entry planning processes and improve- ment programs; and ‘‘(10) such other factors as the Secretary deter- mines are appropriate to promote border transpor- tation efficiency and safety. ‘‘(d) CONSTRUCTION OF TRANSPORTATION INFRASTRUC- TURE FOR LAW ENFORCEMENT PURPOSES.—At the request of the Administrator of General Services, in consulta- tion 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 nec- essary for law enforcement in border States. ‘‘(e) DEFINITIONS.—In this section, the following defi- nitions 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 Can- ada or Mexico.’’ HIGHWAY ECONOMIC REQUIREMENT SYSTEM Pub. L. 105–178, title I, § 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 Transpor- tation to determine highway needs using the highway economic requirement system (in this subsection re- ferred to as the ‘model’). ‘‘(B) REQUIRED ELEMENT.—The evaluation shall in- clude 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 in- vestment 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 transpor- tation 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 in- vestment 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 High- way Administration through the highway perform- ance 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 Comp- troller General shall submit to Congress a report on the results of the study.’’ Page 27 TITLE 23—HIGHWAYS § 101 SOUTHWEST BORDER TRANSPORTATION INFRASTRUCTURE Pub. L. 105–178, title I, § 1213(d), June 9, 1998, 112 Stat. 200, provided that: ‘‘(1) ASSESSMENT.—The Secretary shall conduct a comprehensive assessment of the state of the transpor- tation infrastructure on the southwest border between the United States and Mexico (in this subsection re- ferred 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 Inter- national Boundary Commission, United States and Mexico; ‘‘(G) State agencies responsible for transportation and law enforcement in border States; and ‘‘(H) municipal governments and transportation au- thorities 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 traf- fic through designated ports of entry on the border; ‘‘(B) assess the adequacy of transportation infra- structure in the border area, including highways, bridges, railway lines, and border inspection facili- ties; ‘‘(C) assess the adequacy of law enforcement and narcotics abatement activities in the border area, as the activities relate to commercial and private traf- fic and infrastructure; ‘‘(D) assess future demands on transportation infra- structure in the border area; and ‘‘(E) make recommendations to facilitate legiti- mate 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, COMMUNITY, AND SYSTEM PRESERVATION PROGRAM Pub. L. 109–59, title I, § 1117(a)–(g), Aug. 10, 2005, 119 Stat. 1177, 1178, provided that: ‘‘(a) ESTABLISHMENT.—In cooperation with appro- priate State, tribal, regional, and local governments, the Secretary [of Transportation] shall establish a comprehensive program to address the relationships among transportation, community, and system preser- vation plans and practices and identify private sector- based initiatives to improve such relationships. ‘‘(b) PURPOSE.—Through the program under this sec- tion, the Secretary [of Transportation] shall facilitate the planning, development, and implementation of strategies to integrate transportation, community, and system preservation plans and practices that address one or more of the following: ‘‘(1) Improve the efficiency of the transportation system of the United States. ‘‘(2) Reduce the impacts of transportation on the environment. ‘‘(3) Reduce the need for costly future investments in public infrastructure. ‘‘(4) Provide efficient access to jobs, services, and centers of trade. ‘‘(5) Examine community development patterns and identify strategies to encourage private sector devel- opment that achieves the purposes identified in para- graphs (1) through (4). ‘‘(c) GENERAL AUTHORITY.—The Secretary [of Trans- portation] shall allocate funds made available to carry out this section to States, metropolitan planning orga- nizations, local governments, and tribal governments to carry out eligible projects to integrate transpor- tation, community, and system preservation plans and practices. ‘‘(d) ELIGIBILITY.—A project described in subsection (c) is an eligible project under this section if the project— ‘‘(1) is eligible for assistance under title 23 or chap- ter 53 of title 49, United States Code; or ‘‘(2) is to conduct any other activity relating to transportation, community, and system preservation that the Secretary [of Transportation] determines to be appropriate, including corridor preservation ac- tivities that are necessary to implement one or more of the following: ‘‘(A) Transit-oriented development plans. ‘‘(B) Traffic calming measures. ‘‘(C) Other coordinated transportation, commu- nity, and system preservation practices. ‘‘(e) CRITERIA.—In allocating funds made available to carry out this section, the Secretary [of Transpor- tation] shall give priority consideration to applicants that— ‘‘(1) have instituted preservation or development plans and programs that— ‘‘(A) are coordinated with State and local preser- vation or development plans, including transit-ori- ented development plans; ‘‘(B) promote cost-effective and strategic invest- ments in transportation infrastructure that mini- mize adverse impacts on the environment; or ‘‘(C) promote innovative private sector strategies; ‘‘(2) have instituted other policies to integrate transportation, community, and system preservation practices, such as— ‘‘(A) spending policies that direct funds to high- growth areas; ‘‘(B) urban growth boundaries to guide metropoli- tan expansion; ‘‘(C) ‘green corridors’ programs that provide ac- cess to major highway corridors for areas targeted for efficient and compact development; or ‘‘(D) other similar programs or policies as deter- mined by the Secretary; ‘‘(3) have preservation or development policies that include a mechanism for reducing potential impacts of transportation activities on the environment; ‘‘(4) demonstrate a commitment to public and pri- vate involvement, including the involvement of non- traditional partners in the project team; and ‘‘(5) examine ways to encourage private sector in- vestments that address the purposes of this section. ‘‘(f) EQUITABLE DISTRIBUTION.—In allocating funds to carry out this section, the Secretary [of Transpor- tation] shall ensure the equitable distribution of funds to a diversity of populations and geographic regions. ‘‘(g) FUNDING.— ‘‘(1) IN GENERAL.—There is authorized to be appro- priated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $25,000,000 for fiscal year 2005 and $61,250,000 for each of fiscal years 2006 through 2009. ‘‘(2) CONTRACT AUTHORITY.—Funds made available to carry out this section shall be available for obliga- tion in the same manner as if the funds were appor- tioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable, and the Federal share for projects and activities carried out with such funds shall be determined in accord- ance with section 120(b) of title 23, United States Code.’’ Pub. L. 105–178, title I, § 1221, June 9, 1998, 112 Stat. 221, as amended by Pub. L. 108–88, § 5(a)(9), Sept. 30, 2003, 117 Stat. 1114; Pub. L. 108–202, § 5(a)(9), Feb. 29, 2004, 118 Stat. 481; Pub. L. 108–224, § 4(a)(9), Apr. 30, 2004, 118 Stat. 629; Pub. L. 108–263, § 4(a)(9), June 30, 2004, 118 Stat. 700; Pub. L. 108–280, § 4(a)(9), July 30, 2004, 118 Stat. 879; Pub. L. 108–310, § 5(a)(9), Sept. 30, 2004, 118 Stat. 1149; Pub. L. 109–14, § 4(a)(9), May 31, 2005, 119 Stat. 327; Pub. L. 109–20, § 4(a)(9), July 1, 2005, 119 Stat. 348; Pub. L. 109–35, § 4(a)(9), July 20, 2005, 119 Stat. 381; Pub. L. 109–37, § 4(a)(9), July 22, 2005, 119 Stat. 396; Pub. L. 109–40, Page 28 TITLE 23—HIGHWAYS § 101 § 4(a)(9), July 28, 2005, 119 Stat. 412, which related to a transportation and community and system preserva- tion pilot program and authorized appropriations to carry out such program through July 30, 2005, was re- pealed by Pub. L. 109–59, title I, § 1117(h), Aug. 10, 2005, 119 Stat. 1179. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES Pub. L. 105–178, title I, § 1223, June 9, 1998, 112 Stat. 224, as amended by Pub. L. 105–206, title IX, § 9003(j), July 22, 1998, 112 Stat. 842, provided that: ‘‘(a) PURPOSE.—The purpose of this section is to au- thorize the provision of assistance for, and support of, State and local efforts concerning surface transpor- tation issues necessary to obtain the national recogni- tion and economic benefits of participation in the International Olympic movement, the International Paralympic movement, and the Special Olympics Inter- national movement by hosting international quadren- nial Olympic and Paralympic events, and Special Olympics International events, in the United States. ‘‘(b) PRIORITY FOR TRANSPORTATION PROJECTS RELAT- ING TO OLYMPIC, PARALYMPIC, AND SPECIAL OLYMPIC EVENTS.—Notwithstanding any other provision of law, from funds available to carry out [former] sections 118(c) and 144(g)(1) of title 23, United States Code, the Secretary may give priority to funding for a transpor- tation project relating to an international quadrennial Olympic or Paralympic event, or a Special Olympics International event, if— ‘‘(1) the project meets the extraordinary needs asso- ciated with an international quadrennial Olympic or Paralympic event or a Special Olympics Inter- national event; and ‘‘(2) the project is otherwise eligible for assistance under [former] sections 118(c) and 144(g)(1) of such title. ‘‘(c) TRANSPORTATION PLANNING ACTIVITIES.—The Sec- retary 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 Inter- national 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 sec- tion, the Secretary may provide assistance for the de- velopment of an Olympic, a Paralympic, and a Special Olympics transportation management plan in coopera- tion with an Olympic Organizing Committee respon- sible for hosting, and State and local communities af- fected by, an international quadrennial Olympic or Paralympic event or a Special Olympics International event. ‘‘(e) TRANSPORTATION PROJECTS RELATING TO OLYM- PIC, PARALYMPIC, AND SPECIAL OLYMPIC EVENTS.— ‘‘(1) IN GENERAL.—The Secretary may provide as- sistance, including planning, capital, and operating assistance, to States and local governments in car- rying 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 gov- ernment 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, § 1311, as added by Pub. L. 105–206, title IX, § 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 invest- ment). ‘‘(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 amend- ments 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 En- vironment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of the projects se- lected 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 sub- section (a). ‘‘(c) MINIMUM COVERED PROGRAMS.—At a minimum, the criteria established under subsection (a) and the se- lection process established by subsection (b) shall apply to the following programs: ‘‘(1) The intelligent transportation system deploy- ment program under title V [see Tables for classifica- tion]. ‘‘(2) The national corridor planning and develop- ment program. ‘‘(3) The coordinated border infrastructure and safe- ty program. ‘‘(4) The construction of ferry boats and ferry ter- minal facilities. ‘‘(5) The national scenic byways program. ‘‘(6) The Interstate discretionary program. ‘‘(7) The discretionary bridge program.’’ COMPLIANCE WITH BUY AMERICAN ACT Pub. L. 104–59, title III, § 359(c), Nov. 28, 1995, 109 Stat. 627, directed Secretary of Transportation to conduct a study on compliance with Buy American Act (see 41 U.S.C. 8301 et seq.) 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. 117–58, div. A, title I, § 11101(e), Nov. 15, 2021, 135 Stat. 448, provided that: ‘‘(1) FINDINGS.—Congress finds that— ‘‘(A) while significant progress has occurred due to the establishment of the disadvantaged business en- terprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in Federally assisted surface transportation markets across the United States; ‘‘(B) the continuing barriers described in subpara- graph (A) merit the continuation of the disadvan- taged business enterprise program; ‘‘(C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hear- ings and roundtables, scientific reports, reports issued by public and private agencies, news stories, Page 29 TITLE 23—HIGHWAYS § 101 reports of discrimination by organizations and indi- viduals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insuf- ficient to address the problem; ‘‘(D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and ‘‘(E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the dis- advantaged business enterprise program to address race and gender discrimination in surface transpor- tation-related business. ‘‘(2) DEFINITIONS.—In this subsection: ‘‘(A) SMALL BUSINESS CONCERN.— ‘‘(i) IN GENERAL.—The term ‘small business con- cern’ means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)). ‘‘(ii) EXCLUSIONS.—The term ‘small business con- cern’ does not include any concern or group of con- cerns controlled by the same socially and economi- cally disadvantaged individual or individuals that have average annual gross receipts during the pre- ceding 3 fiscal years in excess of $26,290,000, as ad- justed annually by the Secretary [of Transpor- tation] for inflation. ‘‘(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The term ‘socially and economically disadvantaged individuals’ has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act [15 U.S.C. 631 et seq.], ex- cept that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. ‘‘(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under this division [see Tables for classification] (other than section 14004 [amending sec- tion 202 of this title]), division C [amending section 601 of this title and sections 5302 to 5305, 5309, 5311, 5312, 5318, 5323, 5324, 5329, and 5334 to 5339 of Title 49, Trans- portation, enacting provisions set out as notes under sections 5312, 5329, and 5336 of Title 49, and amending provisions set out as notes under sections 5303 and 5309 of Title 49], and section 403 of title 23, United States Code, shall be expended through small business con- cerns owned and controlled by socially and economi- cally disadvantaged individuals. ‘‘(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS EN- TERPRISES.—Each State shall annually— ‘‘(A) survey and compile a list of the small business concerns referred to in paragraph (3) in the State, in- cluding the location of the small business concerns in the State; and ‘‘(B) notify the Secretary, in writing, of the per- centage of the small business concerns that are con- trolled by— ‘‘(i) women; ‘‘(ii) socially and economically disadvantaged in- dividuals (other than women); and ‘‘(iii) individuals who are women and are other- wise socially and economically disadvantaged indi- viduals. ‘‘(5) UNIFORM CERTIFICATION.— ‘‘(A) IN GENERAL.—The Secretary shall establish minimum uniform criteria for use by State govern- ments in certifying whether a concern qualifies as a small business concern for the purpose of this sub- section. ‘‘(B) INCLUSIONS.—The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern— ‘‘(i) on-site visits; ‘‘(ii) personal interviews with personnel; ‘‘(iii) issuance or inspection of licenses; ‘‘(iv) analyses of stock ownership; ‘‘(v) listings of equipment; ‘‘(vi) analyses of bonding capacity; ‘‘(vii) listings of work completed; ‘‘(viii) examination of the resumes of principal owners; ‘‘(ix) analyses of financial capacity; and ‘‘(x) analyses of the type of work preferred. ‘‘(6) REPORTING.—The Secretary shall establish min- imum requirements for use by State governments in re- porting to the Secretary— ‘‘(A) information concerning disadvantaged busi- ness enterprise awards, commitments, and achieve- ments; and ‘‘(B) such other information as the Secretary deter- mines to be appropriate for the proper monitoring of the disadvantaged business enterprise program. ‘‘(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an individual or en- tity to receive funds made available under this divi- sion, division C, and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) be- cause a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional. ‘‘(8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUBCONTRACTORS.—It is the sense of Congress that— ‘‘(A) the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvan- taged business enterprises prompt payment rule), or any corresponding regulation, in awarding Federally funded transportation contracts under laws and regu- lations administered by the Secretary; and ‘‘(B) such additional steps should include increasing the ability of the Department [of Transportation] to track and keep records of complaints and to make that information publicly available.’’ Similar provisions were contained in the following prior acts: Pub. L. 114–94, div. A, title I, § 1101(b), Dec. 4, 2015, 129 Stat. 1323. Pub. L. 112–141, div. A, title I, § 1101(b), July 6, 2012, 126 Stat. 414. Pub. L. 111–147, title IV, § 451, Mar. 18, 2010, 124 Stat. 96. Pub. L. 109–59, title I, § 1101(b), Aug. 10, 2005, 119 Stat. 1156, as amended by Pub. L. 110–244, title I, § 101(a), June 6, 2008, 122 Stat. 1573. Pub. L. 105–178, title I, § 1101(b), June 9, 1998, 112 Stat. 113. Pub. L. 102–240, title I, § 1003(b), Dec. 18, 1991, 105 Stat. 1919. Pub. L. 100–17, title I, § 106(c), Apr. 2, 1987, 101 Stat. 145. Pub. L. 109–14, § 7(s), May 31, 2005, 119 Stat. 334, pro- vided that: ‘‘Amounts made available under the amend- ments made by this section [amending sections 5307, 5309, and 5338 of Title 49, Transportation, and provisions set out as notes under section 322 of this title and sec- tions 5307, 5309, 5310, and 5338 of Title 49] shall be treat- ed for purposes of section 1101(b) of the Transportation Equity Act for the 21st Century [Pub. L. 105–178] (23 U.S.C. 101 note) as amounts made available for pro- grams under title III of such Act [see Tables for classi- fication].’’ Similar provisions were contained in the following prior acts: Pub. L. 108–310, § 8(t), Sept. 30, 2004, 118 Stat. 1158. Pub. L. 108–88, § 8(t), Sept. 30, 2003, 117 Stat. 1126, as amended by Pub. L. 108–202, § 9(t), Feb. 29, 2004, 118 Stat. 489; Pub. L. 108–224, § 7(t), Apr. 30, 2004, 118 Stat. 637; Pub. L. 108–263, § 7(t), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, § 7(t), July 30, 2004, 118 Stat. 885. HIGHWAY USE TAX EVASION PROJECTS Pub. L. 102–240, title I, § 1040, Dec. 18, 1991, 105 Stat. 1992, as amended by Pub. L. 104–59, title III, § 325(f), Nov. Page 30 TITLE 23—HIGHWAYS § 101 28, 1995, 109 Stat. 592; Pub. L. 104–66, title I, § 1122(b), Dec. 21, 1995, 109 Stat. 725; Pub. L. 105–130, § 5(c)(1), Dec. 1, 1997, 111 Stat. 2557, related to highway use tax eva- sion projects, prior to repeal by Pub. L. 105–178, title I, § 1114(b)(2), June 9, 1998, 112 Stat. 154. See section 143 of this title. SCENIC BYWAYS PROGRAM Pub. L. 102–240, title I, § 1047, Dec. 18, 1991, 105 Stat. 1996, as amended by Pub. L. 105–130, § 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 estab- lished under this section shall be composed of 17 members as follows: ‘‘(A) The Administrator of the Federal Highway Administration or the designee of the Adminis- trator who shall serve as chairman of the advisory committee. ‘‘(B) The Chief of the Forest Service of the De- partment 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 Manage- ment of the Department of the Interior or the des- ignee 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 rep- resent 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 com- mittee. ‘‘(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 offi- cials. ‘‘(M) 1 individual appointed by the Secretary to represent local highway and transportation offi- cials. ‘‘(N) 1 individual appointed by the Secretary who is specially qualified to serve on the advisory com- mittee 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 rea- sonable expenses incident to functions of the advisory committee. ‘‘(3) FUNCTIONS.—The advisory committee estab- lished under this subsection shall develop and make to the Secretary recommendations regarding min- imum 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 by- ways 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 his- toric significance of highways proposed for designa- tion 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 maintain- ing 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 high- way. ‘‘(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 sys- tem. ‘‘(D) Standards for maintaining highway safety on the scenic byway system. ‘‘(E) Design review procedures for location of highway facilities, landscaping, and travelers’ fa- cilities 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 com- mittee 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 para- graph (3). ‘‘(b) TECHNICAL AND FINANCIAL ASSISTANCE.—The Sec- retary 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 Sec- retary for carrying out this section (other than sub- section (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 Fed- eral 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 car- rying 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 sce- Page 31 TITLE 23—HIGHWAYS § 101 nic, historic, recreational, cultural, and archeo- logical characteristics of the corridor while pro- viding for accommodation of increased tourism and development of related amenities; ‘‘(B) those eligible projects for which a strong local commitment is demonstrated for imple- menting 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 cor- ridors 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 en- hance access to an area for the purpose of recre- ation, including water-related recreation. ‘‘(E) Protecting historical and cultural resources in areas adjacent to the highway. ‘‘(F) Developing and providing tourist informa- tion to the public, including interpretive informa- tion 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 per- cent. ‘‘(5) FUNDING.—There shall be available to the Sec- retary 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 ad- vertising sign, display, or device. ‘‘(h) TREATMENT OF SCENIC HIGHWAYS IN OREGON.—For purposes of this section, a highway designated as a sce- nic highway in the State of Oregon shall be treated as a scenic byway.’’ COMMEMORATION OF DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS Pub. L. 102–240, title VI, § 6012, Dec. 18, 1991, 105 Stat. 2180, 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. Eisen- hower National System of Interstate and Defense High- ways [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, as amended by Pub. L. 107–217, § 6(b), Aug. 21, 2002, 116 Stat. 1304; Pub. L. 108–178, § 2(b)(3), Dec. 15, 2003, 117 Stat. 2640, pro- vided: ‘‘That— ‘‘(a) notwithstanding any other provision of law, The National System of Interstate and Defense High- ways shall be redesignated as ‘The Dwight D. Eisen- hower 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, regula- tion, 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. Ei- senhower System of Interstate and Defense High- ways.’’ SIGNS IDENTIFYING FUNDING SOURCES Pub. L. 100–17, title I, § 154, Apr. 2, 1987, 101 Stat. 209, which related to erection of signs indicating sources of funding on projects under construction with funds from the Highway Trust Fund, was repealed and restated in section 321 of this title by Pub. L. 109–59, title I, § 1901(a), (c), Aug. 10, 2005, 119 Stat. 1464. 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 Pub. L. 97–424, title I, § 128, Jan. 6, 1983, 96 Stat. 2118, provided that: ‘‘In any case where a project involving a Federal-aid primary route not on the Interstate Sys- tem, 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 hav- ing 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 vicin- ity 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 Pub. L. 97–424, title I, § 135, Jan. 6, 1983, 96 Stat. 2125, provided that: ‘‘The Secretary of Transportation shall undertake to enter into appropriate arrangements with the National Academy of Sciences’ Transportation Re- search Board to conduct a comprehensive study and in- vestigation of future transportation professional man- power 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 Acad- emy of Sciences for conducting such study and inves- tigation, 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 re- quest any information which the Academy deems nec- essary for the purpose of conducting the study and in- vestigation authorized by this section.’’ Page 32 TITLE 23—HIGHWAYS § 101 CHANGE IN LOCATION OF INTERSTATE SEGMENTS Pub. L. 97–424, title I, § 139, Jan. 6, 1983, 96 Stat. 2127, as amended by Pub. L. 100–457, title III, § 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 Fed- eral-Aid Highway Act of 1956, set out as a note under this section] the Secretary of Transportation may ap- prove 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 [former] section 103(e) of title 23, United States Code; (2) it is serving Interstate travel as of the date of enact- ment of this section [Jan. 6, 1983]; (3) it requires im- provements which are eligible under the Federal-Aid Highway Act of 1981 [see Short Title of 1981 Amend- ment 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 [former] section 104(b)(5)(A) of title 23, United States Code, which were expended on the route or seg- ment 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 [former] 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 Fed- eral 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 [former] 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 [Pub. L. 95–599, formerly set out as notes 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 sec- tion or of any other provision of law, any project in- volving the relocation of any Interstate route or seg- ment that is approved by the Secretary of Transpor- tation under subsection (a) shall be eligible for discre- tionary funds made available under [former] section 118(b)(2)(B) of title 23, United States Code.’’ BUY AMERICA Pub. L. 97–424, title I, § 165, Jan. 6, 1983, 96 Stat. 2136, as amended by Pub. L. 98–229, § 10, Mar. 9, 1984, 98 Stat. 57; Pub. L. 100–17, title I, §§ 133(a)(6), 337(a)(1), (b), (c), Apr. 2, 1987, 101 Stat. 171, 241; Pub. L. 102–240, title I, § 1048, title III, § 3003(b), Dec. 18, 1991, 105 Stat. 1999, 2088; Pub. L. 103–272, § 4(r), July 5, 1994, 108 Stat. 1371; Pub. L. 103–429, § 7(a)(3)(E), Oct. 31, 1994, 108 Stat. 4389, which prohibited obligation of funds unless steel, iron, and manufactured products used in the project had been produced in the United States, was repealed and re- stated in section 313 of this title by Pub. L. 109–59, title I, § 1903(a), (d), Aug. 10, 2005, 119 Stat. 1464, 1465. USE OF ARTICLES MINED OR MANUFACTURED IN UNITED STATES Pub. L. 95–599, title IV, § 401, Nov. 6, 1978, 92 Stat. 2756, as amended by Pub. L. 97–327, § 6, Oct. 15, 1982, 96 Stat. 1613, which required that articles, materials, and sup- plies used in projects administered by Department of Transportation be mined or produced in United States, was repealed by Pub. L. 97–424, title I, § 165(e), Jan. 6, 1983, 96 Stat. 2137. INTERCITY PORTIONS OF INTERSTATE SYSTEM; CON- STRUCTION OF PROJECTS; REPORT TO CONGRESS; EX- EMPTION Pub. L. 94–280, title I, § 102(b), May 5, 1976, 90 Stat. 425, 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 por- tions which would close essential gaps in the Interstate System and provide a continuous System; that the Sec- retary 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 Sec- retary of Transportation, be exempt from the require- ment to the extent of such inability. INTERSTATE SYSTEM; PROHIBITION OF OBLIGATION OF FUNDS FOR RESURFACING, RESTORATION, OR REHA- BILITATION PROJECTS Pub. L. 94–280, title I, § 102(c), May 5, 1976, 90 Stat. 426, provided that no part of the funds authorized by sec- tion 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 resur- facing, restoring, or rehabilitating any portion of the Interstate System. INTERSTATE FUNDING STUDY; REPORT AND RECOMMENDATIONS TO CONGRESS Pub. L. 94–280, title I, § 150, May 5, 1976, 90 Stat. 447, 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 sub- mit to Congress within one year his recommendations regarding the need to provide Federal financial assist- ance 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 main- tained. STUDY OF HIGHWAY NEEDS TO SOLVE ENERGY PROB- LEMS; INVESTIGATION AND STUDY; REPORT TO CON- GRESS Pub. L. 94–280, title I, § 153, May 5, 1976, 90 Stat. 448, directed Secretary of Transportation to make an inves- tigation and study for the purpose of determining the need for special Federal assistance in the construction or reconstruction of highways on the Federal-aid sys- tem 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. Page 33 TITLE 23—HIGHWAYS § 101 NATIONAL TRANSPORTATION POLICY STUDY COMMISSION; ESTABLISHMENT; TERMINATION; ETC. Pub. L. 94–280, title I, § 154, May 5, 1976, 90 Stat. 448, as amended by Pub. L. 95–599, title I, § 137(a), (b)(1), Nov. 6, 1978, 92 Stat. 2710, established National Trans- portation Policy Study Commission; directed Commis- sion, not later than July 1, 1979, to make an investiga- tion and study and report to the President and Con- gress on the transportation needs and the resources, re- quirements, 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 Pub. L. 93–643, § 102(d), Jan. 4, 1975, 88 Stat. 2282, pro- vided that no funds appropriated under the expanded definition of this section [23 U.S.C. 101(a)] shall be ex- pended 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 Pub. L. 93–643, § 120(b), Jan. 4, 1975, 88 Stat. 2289, relat- ing to grants for demonstration projects designed to encourage the use of carpools in urban areas, was re- pealed by Pub. L. 95–599, title I, § 126(b), Nov. 6, 1978, 92 Stat. 2706. See section 146 of this title. EMERGENCY HIGHWAY ENERGY CONSERVATION Pub. L. 93–239, §§ 1–3, Jan. 2, 1974, 87 Stat. 1046, 1047, as amended by Pub. L. 93–643, §§ 114(c), 120(a), Jan. 4, 1975, 83 Stat. 2286, 2289; Pub. L. 94–280, title I, § 143, May 5, 1976, 90 Stat. 445; Pub. L. 95–599, title I, § 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, § 114(c), Jan. 4, 1975, 88 Stat. 2086.] ‘‘SEC. 3. [Repealed. Pub. L. 95–599, title I, § 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 Pub. L. 91–605, title I, § 121, Dec. 31, 1970, 84 Stat. 1725, 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 re- alinement of the Federal-aid systems. These rec- ommendations shall be based on the functional classi- fication study made in cooperation with the State highway departments and local governments as re- quired by the Federal-Aid Highway Act of 1968 [see sec- tion 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 Sec- retary shall also make recommendations to the Con- gress 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 sub- section. ‘‘(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 coopera- tive continuing comprehensive transportation planning process conducted in accordance with section 134 of title 23, United States Code. The highway needs esti- mates 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 Sec- retary shall report to Congress the Federal-aid urban system as designated, and the cost of its construction.’’ Pub. L. 89–139, § 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, § 17, Aug. 23, 1968, 82 Stat. 823, which had required that the report in- clude the results of a systematic nationwide functional highway classification study, were repealed by Pub. L. 97–424, title I, § 160(b), Jan. 6, 1983, 96 Stat. 2135. STUDIES OF NEED FOR AND SURVEY OF HIGHWAY CON- STRUCTION PROGRAMS FOR GUAM, AMERICAN SAMOA, AND THE VIRGIN ISLANDS Pub. L. 90–495, § 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 plan- ning surveys relative to, highway construction pro- grams for Guam, American Samoa, and the Virgin Is- lands, and to submit a report to Congress on or before April 1, 1969. Pub. L. 89–574, § 13, Sept. 13, 1966, 80 Stat. 770, as amended by Pub. L. 97–449, § 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 plan- ning surveys relative to, highway construction pro- grams for Guam, American Samoa, and the Virgin Is- lands, and to submit a report to Congress on or before July 1, 1967. REPORT AND RECOMMENDATIONS OF SECRETARY OF COMMERCE Pub. L. 85–767, § 5, Aug. 27, 1958, 72 Stat. 921, directed Secretary of Commerce to submit to Congress not later than Feb. 1, 1959, a report on progress made in attain- ing objectives set forth in this section, together with recommendations. SECTION 108(b) OF THE FEDERAL-AID HIGHWAY ACT OF 1956 Act June 29, 1956, ch. 462, title I, § 108(b), 70 Stat. 378, as amended by Pub. L. 85–381, § 7(a), Apr. 16, 1958, 72 Stat. 93; Pub. L. 86–342, title I, § 102, Sept. 21, 1959, 73 Stat. 611; Pub. L. 87–61, title I § 103, June 29, 1961, 75 Stat. 122; Pub. L. 89–139, § 1, Aug. 28, 1965, 79 Stat. 578; Pub. L. 89–574, § 2, Sept. 13, 1966, 80 Stat. 766; Pub. L. 90–495, § 2, Aug. 23, 1968, 82 Stat. 815; Pub. L. 91–605 title I, §§ 102, 106(b)(1), Dec. 31, 1970, 84 Stat. 1714, 1716; Pub. L. 93–87, title I, § 102, Aug. 13, 1973, 87 Stat. 250; Pub. L. 94–280, title I, § 102(a), May 5, 1976, 90 Stat. 425; Pub. L. 95–599, title I, § 102, Nov. 6, 1978, 92 Stat. 2689; Pub. L. 97–134, § 4(a), (b), Dec. 29, 1981, 95 Stat. 1700; Pub. L. 97–327, § 2, Oct. 15, 1982, 96 Stat. 1611; Pub. L. 97–424, title I, §§ 102, 127(a), Jan. 6, 1983, 96 Stat. 2097, 2117; Pub. L. 100–17, title I, §§ 104, 138, Apr. 2, 1987, 101 Stat. 142, 175; Pub. L. 102–240, title I, § 1001(f), Dec. 18, 1991, 105 Stat. 1916; Pub. L. 103–331, title III, § 335(c), Sept. 30, 1994, 108 Stat. 2494, provided that: ‘‘For the purpose of expe- diting the construction, reconstruction, or improve- ment, inclusive of necessary bridges and tunnels, of the Interstate System, including extensions thereof through urban areas, designated in accordance with the provisions of [former] subsection (e) of section 103 of title 23, United States Code, there is hereby authorized Page 34 TITLE 23—HIGHWAYS § 101 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 end- ing 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 end- ing 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 end- ing 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, § 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 au- thorize the appropriation of any sums to carry out sec- tions 131, 136, or 319(b) of title 23, United States Code, or any provision of law relating to highway safety en- acted after May 1, 1966. Beginning with funds author- ized 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 sub- section, 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 ac- cess 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 environ- mental 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 re- lated 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, geo- metrics, 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 provi- sion of this subsection, where a project is to be con- structed (1) to provide parking garage ramps in con- junction with high occupancy vehicle lanes which flow into a distributor system emptying directly into ramps for off-street parking with preferential parking for car- pools, 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 environ- mental mitigation effort, or (4) to provide for the com- prehensive upgrading of existing high occupancy vehi- cle lanes, new ramps and parking facilities at mass transit intermodal transfer points on an existing Inter- state System route which has temporary high occu- pancy vehicle lanes in the median and the parking fa- cilities and ramps are part of an environmental mitiga- tion effort, the costs of such parking garage ramps, parking lots, parking garages, associated interchange ramps, high occupancy vehicle lanes, and other associ- ated 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 Transpor- tation on September 30, 1983, shall be eligible for funds authorized by this subsection as if such costs were in- cluded 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 de- veloped 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.’’ Pub. L. 97–424, title I, § 127(b), Jan. 6, 1983, 96 Stat. 2118, provided that: ‘‘Notwithstanding the provisions of Page 35 TITLE 23—HIGHWAYS § 101 section 108(b) of the Federal-Aid Highway Act of 1956, as amended [set out above], the Secretary of Transpor- tation 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 re- lieve 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 con- tract 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 ‘‘DEPARTMENT’’, ‘‘INTERSTATE SYSTEM’’, ‘‘SECRETARY’’, AND ‘‘STATE’’ FOR PURPOSES OF CER- TAIN ACTS Pub. L. 117–58, div. A, § 10002, Nov. 15, 2021, 135 Stat. 443, provided that: ‘‘In this division [see Tables for clas- sification]: ‘‘(1) DEPARTMENT.—The term ‘Department’ means the Department of Transportation. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.’’ Pub. L. 114–94, div. A, § 1001, Dec. 4, 2015, 129 Stat. 1321, provided that: ‘‘In this division [see Tables for classi- fication], the following definitions apply: ‘‘(1) DEPARTMENT.—The term ‘Department’ means the Department of Transportation. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.’’ Pub. L. 112–141, § 2, July 6, 2012, 126 Stat. 413, provided that: ‘‘In this Act [see Tables for classification], the following definitions apply: ‘‘(1) DEPARTMENT.—The term ‘Department’ means the Department of Transportation. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.’’ Pub. L. 112–141, div. C, title I, § 31002, July 6, 2012, 126 Stat. 732, provided that: ‘‘In this title [see Tables for classification], the term ‘Secretary’ means the Sec- retary of Transportation.’’ Pub. L. 109–59, § 2, Aug. 10, 2005, 119 Stat. 1153, pro- vided that: ‘‘In this Act [see Tables for classification], the following definitions apply: ‘‘(1) DEPARTMENT.—The term ‘Department’ means the Department of Transportation. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.’’ Pub. L. 109–59, title I, § 1120(c), Aug. 10, 2005, 119 Stat. 1192, provided that: ‘‘For the purposes of apportioning funds under sections 104, [former] 105, 130, [former] 144, and 206 of title 23, United States Code, and section 1404 [set out as a note under section 402 of this title], relat- ing to the safe routes to school program, the term ‘State’ means any of the 50 States and the District of Columbia.’’ Pub. L. 105–178, § 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 Sys- tem’ 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.’’ Pub. L. 105–178, title I, § 1103(n), June 9, 1998, 112 Stat. 127, as amended by Pub. L. 105–206, title IX, § 9002(c)(2), July 22, 1998, 112 Stat. 835, provided that: ‘‘For the pur- poses of apportioning funds under sections 104, [former] 105, [former] 144, and 206 of title 23, United States Code, the term ‘State’ means any of the 50 States and the District of Columbia.’’ Pub. L. 104–59, § 2, Nov. 28, 1995, 109 Stat. 569, provided that: ‘‘In this Act [See Short Title of 1995 Amendment note above], the term ‘Secretary’ means the Secretary of Transportation.’’ Pub. L. 100–17, § 2, Apr. 2, 1987, 101 Stat. 134, provided that: ‘‘As used in this Act [see Short Title of 1987 Amendment note above], the term ‘Secretary’ means the Secretary of Transportation.’’ Executive Documents EX. ORD. NO. 14052. IMPLEMENTATION OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT Ex. Ord. No. 14052, Nov. 15, 2021, 86 F.R. 64335, as amended by Ex. Ord. No. 14082, § 4(c), Sept. 12, 2022, 87 F.R. 56863, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to effectively implement the his- toric infrastructure investments in the Infrastructure Investment and Jobs Act [Pub. L. 117–58, see Tables for classification] (the Act), it is hereby ordered as follows: SECTION 1. Background. The Infrastructure Invest- ment and Jobs Act is a once-in-a-generation invest- ment in our Nation’s infrastructure and competitive- ness. It will help rebuild America’s roads, bridges, and rails; expand access to clean drinking water; work to ensure access to high-speed internet throughout the Nation; tackle the climate crisis; advance environ- mental justice; and invest in communities that have too often been left behind. It will accomplish all of this while driving the creation of good-paying union jobs and growing the economy sustainably and equitably for decades to come. Critical to achieving these goals will be the effective implementation of the Act by my Administration, as well as by State, local, Tribal, and territorial govern- ments. SEC. 2. Implementation Priorities. In implementing the Act, all agencies (as described in section 3502(1) of title 44, United States Code, except for the agencies de- scribed in section 3502(5) of title 44), shall, as appro- priate and to the extent consistent with law, prioritize: (a) investing public dollars efficiently, working to avoid waste, and focusing on measurable outcomes for the American people; (b) increasing the competitiveness of the United States economy, including through implementing the Act’s Made-in-America requirements and bolstering United States manufacturing and supply chains; (c) improving job opportunities for millions of Ameri- cans by focusing on high labor standards for these jobs, including prevailing wages and the free and fair chance to join a union; (d) investing public dollars equitably, including through the Justice40 Initiative, which is a Govern- ment-wide effort toward a goal that 40 percent of the overall benefits from Federal investments in climate and clean energy flow to disadvantaged communities; (e) building infrastructure that is resilient and that helps combat the crisis of climate change; and (f) effectively coordinating with State, local, Tribal, and territorial governments in implementing these critical investments. SEC. 3. Infrastructure Implementation Task Force. (a) There is established within the Executive Office of the President the Infrastructure Implementation Task Force (Task Force). The function of the Task Force is to coordinate effective implementation of the Infra- structure Investment and Jobs Act and other related significant infrastructure programs within the execu- tive branch. (b) The Assistant to the President for Economic Pol- icy and Director of the National Economic Council shall serve as Co-Chair of the Task Force. (c) There is established within the Executive Office of the President the position of White House Infrastruc- ture Coordinator, who shall serve as Co-Chair of the Task Force. (d) In addition to the Co-Chairs, the Task Force shall consist of the following members: (i) the Secretary of the Interior; (ii) the Secretary of Agriculture; (iii) the Secretary of Commerce; (iv) the Secretary of Labor; Page 36 TITLE 23—HIGHWAYS § 102 (v) the Secretary of Transportation; (vi) the Secretary of Energy; (vii) the Administrator of the Environmental Protec- tion Agency; (viii) the Director of the Office of Management and Budget; (ix) the Director of the Office of Personnel Manage- ment; (x) the Assistant to the President and Director of the Domestic Policy Council; (xi) the Assistant to the President and National Cli- mate Advisor; (xii) the Senior Advisor for Clean Energy Innovation and Implementation; and (xiii) the heads of such other executive departments, agencies, and offices as the Co-Chairs may from time to time invite to participate. (e) The Co-Chairs may coordinate subgroups con- sisting of Task Force members or their designees, as appropriate. SEC. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 102. Program efficiencies (a) ACCESS OF MOTORCYCLES.—No State or po- litical subdivision of a State may enact or en- force a law that applies only to motorcycles and the principal purpose of which is to restrict the access of motorcycles to any highway or portion of a highway for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance. (b) SAVINGS PROVISION.—Nothing in this sec- tion shall affect the authority of a State or po- litical subdivision of a State to regulate motor- cycles for safety. (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 887; Pub. L. 102–240, title I, § 1016(a), Dec. 18, 1991, 105 Stat. 1945; Pub. L. 105–178, title I, §§ 1206, 1209, 1212(a)(2)(A)(i), 1304, June 9, 1998, 112 Stat. 185, 186, 193, 227; Pub. L. 109–59, title I, § 1121(b)(1), Aug. 10, 2005, 119 Stat. 1195; Pub. L. 112–141, div. A, title I, § 1502, July 6, 2012, 126 Stat. 561; Pub. L. 117–58, div. A, title I, § 11310(a), Nov. 15, 2021, 135 Stat. 536.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–58 designated second sentence of subsec. (a) as subsec. (b), inserted heading, and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: ‘‘If on-site construction of, or acquisition of right-of-way for, a highway project is not commenced within 10 years (or such longer period as the State requests and the Secretary determines to be reasonable) after the date on which Federal funds are first made available, out of the Highway Trust Fund (other than Mass Transit Account), for prelimi- nary engineering of such project, the State shall pay an amount equal to the amount of Federal funds reim- bursed for the preliminary engineering. The Secretary shall deposit in such Fund all amounts paid to the Sec- retary under this section.’’ 2012—Subsec. (b). Pub. L. 112–141 substituted ‘‘reim- bursed for the preliminary engineering’’ for ‘‘made available for such engineering’’. 2005—Pub. L. 109–59 redesignated subsecs. (b) and (c) as (a) and (b), respectively, and struck out heading and text of former subsec. (a). Text read as follows: ‘‘(1) IN GENERAL.—A State transportation department shall establish the occupancy requirements of vehicles operating in high occupancy vehicle lanes; except that no fewer than 2 occupants per vehicle may be required and, subject to section 163 of the Surface Transpor- tation Assistance Act of 1982, motorcycles and bicycles shall not be considered single occupant vehicles. ‘‘(2) EXCEPTION FOR INHERENTLY LOW-EMISSION VEHI- CLES.—Notwithstanding paragraph (1), before Sep- tember 30, 2003, a State may permit a vehicle with fewer than 2 occupants to operate in high occupancy vehicle lanes if the vehicle is certified as an Inherently Low-Emission Vehicle pursuant to title 40, Code of Fed- eral Regulations, and is labeled in accordance with, section 88.312–93(c) of such title. Such permission may be revoked by the State should the State determine it necessary.’’ 1998—Subsec. (a). Pub. L. 105–178, § 1209, designated ex- isting provisions as par. (1), inserted heading, realigned margins, and added par. (2). Subsec. (a)(1). Pub. L. 105–178, § 1212(a)(2)(A)(i), sub- stituted ‘‘State transportation department’’ for ‘‘State highway department’’. Subsec. (b). Pub. L. 105–178, § 1206, added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 105–178, § 1304, which directed in- sertion of ‘‘(or such longer period as the State requests and the Secretary determines to be reasonable)’’ after ‘‘10 years’’ in first sentence of subsec. (b), was executed by making the insertion in first sentence of subsec. (c) to reflect the probable intent of Congress and the amendment by Pub. L. 105–178, § 1206. See below. Pub. L. 105–178, § 1206, redesignated subsec. (b) as (c). 1991—Pub. L. 102–240 substituted section catchline for one which read: ‘‘Authorizations’’ and amended text generally. Prior to amendment, text read as follows: ‘‘The provisions of this title apply to all unappropri- ated authorizations contained in prior Acts, and also to all unexpended appropriations, heretofore made, pro- viding for the expenditure of Federal funds upon the Federal-aid systems. All such authorizations and ap- propriations shall continue in full force and effect, but hereafter obligations entered into and expenditures made pursuant thereto shall be subject to the provi- sions of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. 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. § 103. National Highway System (a) IN GENERAL.—For the purposes of this title, the Federal-aid system is the National Highway System, which includes the Interstate System.