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23 USCA Section 101 Federal Aid Highways (Annotated)

This is an OCR of the attached PDF’s so expect some typos from the conversion. The point of this is, where the Code on page 26 refers to the States being required to amend their Constitutions to be in compliance. I am curious as to how the federal government can require States to amend their constitutions to comply with anything.

I’ve attached the Code in pdf attachments for reference as well. I’m still researching this, but it is nevertheless, curious.

The non-annotated version of the code is here. You will need to click on the “notes” tab, and scrolling down, you will find the text of what I have outlined below on page 26 with links to the corresponding sections of the code. The text I am curious about reads:

“…except that until July 1, 1970, sections 502505506507, 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 provided 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 502505506507, and 508 of title 23, United States Code, are applicable in that State, and effective July 1, 1970, such section133 is repealed.

“(b) In the case of any State (1) which is required to amend its constitution to comply with sections 502505506507, 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.
I know that Illinois amended its constitution in 1970. To what extend that amendment had to do with 23 USC is not clear.

23 USCA Section 101 Federal Aid Highways Part I

23 USCA Section 101 Federal Aid Highways Part II.

 

Page 1
Effective: August 10, 2005
United States Code Annotated Currentness
Tie 23. Highways (Refs & Annos)
Chapter 1. Federal-Aid Highways (Refs & Annos)
-+ § 101. Definitions and declaration of policy
(a)Definitions.–In this title, the following definitions apply:
(1) Apportionment.–The term “apportionment” includes unexpended apportionments made under prior
ahorization laws.
( Carpool project.–The term “carpool project” means any project to encourage the use of carpools
and vanpools, including provision 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, tignating existing highway lanes as preferential carpool
highway lanes, providing related traffic control devices, and designating existing facilities for use for preferential parking for carpools.
(3)Construction.–The term “construction” means the supervising, inspecting, actual building, and
incurrence of at costs incidental to the construction or reconstruction of a highway, including bond
costs and other costs rating to the issuance in accordance with section 122 of bonds or other debt
financing instruments and costs iiurred by the State in performing Federal-aid project related
audits that directly benefit the Federal-aid highway piDgvam. Such term includes–
(A) locating, surveying, . and mapping (including the establishment of temporary and permanent
geodetic markers in accordance with specifications of the National Oceanic and Atmospheric
Administration of the Department of Commerce);
(B) resurfacing, restoration, and rehabilitation;

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23 U.S.C.A. § 101
(14 relocation assistance, acquisition of replacement housing sites, and acquisition and
rehabilitation, relocation, and construction of replacement housing;
(E) elimination of hazards of railway grade crossings;
(F) elimination of roadside obstacles;
(G) improvements that 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; and
(II) capital improvements that directly facilitate an effective vehicle weight enforcement program,
such as scales (fixed and portable), scale pits, scale installation, and scale houses.
(4) 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 jurisdiction over highways, any local government unit vested with jurisdiction over
local highways.
(5) Federal-aid highway.–The term “Federal-aid highway” means a highway eligible for assistance
under this chipter other than a highway classified as a local road or rural minor collector.
(6)Federal-aid system.–The term “Federal-aid system” means any of the Federal-aid highway systems
described in section 103.
(7)Federal lands highway.–The term “Federal lands highway” means a forest highway, public lands
highway, pa* road, parkway, refuge road, and Indian reservation road that is a public road.
(8) Forest development roads and trails.–The term “forest development roads and trails” means
forest roads an trails under the jurisdiction of the Forest Service.
(9)Forest highway.–The term “forest highway” means a forest road under the jurisdiction of, and
maintained by,

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23 U.S.C.A. 101
a public authority and open to public travel.
(10) littlest road or trail.–The term “forest 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 utilization of the National Forest System and the use and development of its
resources.
(11) highway.–The term “highway” includes–
(A)a road, street, and parkway;
(B) a right-of-way, bridge, railroad-highway crossing, tunnel, drainage structure, sign, guardrail,
and protective
structure, in connection with a highway; and
(Q a portion of any interstate or international 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 CliSt01:11S and Immigration Services in connection with the operation of an
international bridge or tunnel.
(12) Indian reservation road.–The term “Indian reservation road” means a public road that is
located within or provides access to an Indian reservation or Indian trust land or restricted Indian
land that is not subject to fee title
alienation without the approval of the Federal Government, or Indian and Alaska Native villages,
groups, or communities in which Indians and Alaskan Natives reside, whom the Secretary of the
Interior has determined are
eligile for services generally available to Indians under Federal laws specifically applicable to
Indians.
(13) Interstate System.–The term “Interstate System’ means the Dwight D. Eisenhower National System
of Intentate and Defense Highways described in section 103(c).
(14) Maintenance.–The term “maintenance” means the preservation of the entire highway, including
surface, shoulders, roadsides, structures, and such traffic-control devices as are necessary for safe and efficient utilization
of the highway.
(15) Maintenance area.–The term “maintenance area” means an area that was designated as a
nonattainment
area, but was later redesignated by the Administrator of the Environmental Protection Agency as an
attainment

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23 U.S.C.A. § 101
area, under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
(16) National Highway System.–The term “National Highway System” means the Federal-aid highway
system described in section 103(b).
(17) Operating costs for traffic monitoring, management, and control.–The term “operating costs for
traffic monitcring, management, and control” includes labor costs, administrative costs, costs of
utilities and rent, and
other costs associated with the continuous operation of traffic control, such as integrated traffic
control systems,
incident management programs, and traffic control centers.
(18) Operational improvement.–The term “operational improvement”–
(A) means (i) a capital improvement for installation of traffic surveillance and control equipment,
computerized
signal systems, motorist information systems, integrated traffic control systems, incident
management
programs, and transportation demand management facilities, strategies, and programs, and (ii) such
other capital
improvements to public roads as the Secretary may designate, by regulation; and
(B) does not include resurfacing, restoring, or rehabilitating improvements, construction of
additional lanes, interchanges, and grade separations, and construction of a new facility on a new
location.
(19) Park road.–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.
(20) Parkway.–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.
(21) Project.–The term “project” means 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
eligible for
assistance under this title.
(22) Project agreement.–The term “project agreement” means the formal instrument to be executed by
the State

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23 U.S.C.A. 101
transpoittion department and the Secretary as required by section 106.
(23) Public authority.–The term “public authority” means a Federal, State, county, town, or
township, Indian tribe, miicipal or other local government or instrumentality with authority to
finance, build, operate, or maintain toil or toll-free facilities.
(24) Public lands development roads and trails.–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 utilization of public lands and
resources under the control of the Secretary of the Interior
(25) Public lands highway.–The term “public lands highway” means a forest road under the
jurisdiction of and maintaied by a public authority and open to public travel or any highway through
unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations
under the jurisdiction of and maintained by a public authority and open to public travel.
(26) Public lands highways.–The term “public lands highways” means those main highways through
unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations,
which are on the Federal-aid systems.
(27) Public road.–The term “public road” means any road or street under the jurisdiction of and
maintained by a public authority and open to public travel.
(28) Refuge road.–The term “refuge road” means a public road that provides access to or within a
unit of the National Wildlife Refuge System and for which title and maintenance responsibility is
vested in the United States Government.
(29) Rural areas.–The term “rural areas” means all areas of a State not included in urban areas.
(30) Safety improvement project.–The term “safety improvement project” means a project that
corrects or improves high hazard locations, eliminates roadside obstacles, improves highway signing
and pavement marking, installs priority control systems for emergency vehicles at signalized
intersections, installs or replaces emergency

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23 U.S.C.A.§ 101
motorist aii call boxes, or installs traffic control or warning devices at locations with high
accident potential.
(31) Secrotary.–The term “Secretary” means Secretary of Transportation.
(32) State-The term “State” means any of the 50 States, the District of Columbia, or Puerto Rico.
(33) Statefunds.–The term “State funds” includes funds raised under the authority of the State or
any political or other subfivision thereof, and made available for expenditure under the direct
control of the State transportation departmeat
(34) 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.
(35) Transportation enhancement activity.–The term “transportation enhancement activity” means,
with respect to any project or the area to be served by the project, any of the following activities
as the activities relate to surfacetransportation:
(A) Provision of facilities for pedestrians and bicycles.
(B) Provision of safety and educational activities for pedestrians and bicyclists.
(C) Acquisition of scenic easements and scenic or historic sites (including historic battlefields).
(D) Scenic or historic highway programs (including the provision of tourist and welcome center
facilities).
(E) Laniscaping and other scenic beautification.
(F) Higoric preservation.
(G) Relabilitation and operation of historic transportation buildings, structures, or facilities
(including historic
railroadfacilities and canals).
(II) Pnservation of abandoned railway corridors (including the conversion and use of the corridors
forpedestdan or bicycle trails).

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23 U.S.C.A. 101
(I) Inventory, control, and removal of outdoor advertising.
(J) Archaeological planning and research.
(K) Environmental mitigation–
(i) to address water pollution due to highway runoff; or
(ii) reduce vehicle-caused wildlife mortality while maintaining habitat connectivity.
(L) Establishment of transportation museums.
(36) Urban area.–The term “urban area” means an urbanized area or, in the case of an 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 responsible 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 designated by the Bureau of the Census, except in the case of
cities in the State of Maine and in the State of New Hampshire.
(37) 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 responsible State and local
officials in cooperation with each other, subject to approval by the Secretary. Such boundaries
shall encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau
of the Census.
(38) Advanced truck stop electrification system.–The term “advanced truck stop electrification
system” means a system that delivers heat, air conditioning, electricity, or communications to a
heavy duty vehicle.
(b) Declaration of policy.
(I) Acceleration of construction of Federal-aid highway systems.–Congress declares that it is in
the national interest to accelerate the construction of Federal-aid highway systems, including the
Dwight D. Eisenhower
National System of Interstate and Defense, because many of the highways (or portions of the
highways) are

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23 U.S.C.A. § 101
inadequate to meet the needs of local and interstate commerce for the national and civil defense.
(2) Completion of interstate system.–Congress declares that the prompt and early completion 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 importance to the national defense, is
essential to the national interest. It is the intent of Congress that the Interstate System be
completed as nearly as practicable over the period of availability of the forty years’
appropriations authorized for the purpose of expediting its construction, reconstruction, or
improvement, inclusive of necessary tunnels and bridges, through the fiscal year ending September
30, 1996, under section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat 374), and that the
entire System in all States be brought to simultaneous completion. Insofar as possible in consonance
with this objective, existing 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 practicable, suitable, and feasible, shall be given equal consideration with the needs of
interstate commerce.
(3) Transportation needs of 21st Century.–Congress declares that–
(A) it is in the national interest to preserve and enhance the surface transportation 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 demands 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 ensure the
surface transportation system adequately meets the changing travel demands of the future;
(D) among the foremost needs that the surface transportation system must meet to provide for a
strong and vigorous national economy are safe, efficient, and reliable–
(i) national and interregional personal mobility (including personal mobility in rural and urban
areas) and reduced congestion;
(II) flow of interstate and international commerce and freight transportation; and 0 2006

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23 U.S.C.A. § 101
(iii) travel movements essential for national security;
(E) special emphasis should be devoted to providing safe and efficient access for the type and size
of commercial and military vehicles that access designated National Highway System intermodal
freight terminals;
(F) the connection between land use and infrastructure is significant;
(G) transportation should play a significant role in promoting economic growth, improving the
environment,
and sustaining the quality of life; and
(II) the Secretary should take appropriate actions to preserve and enhance the Interstate System to
meet the needs of the 21st Century.
(c) It is the sense of Congress that under existing law no part of any sums authorized to be
appropriated for expenditure upon any Federal-aid system which has been apportioned pursuant to the
provisions of this title shall be impounded or withheld from obligation, for purposes and projects
as provided in this title, by any officer or employee in the executive branch of the Federal
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
Rand to defray the expenditures 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 Federal 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 attributable to
the construction of Federal-aid highways or highway planning, research, or development, or as
otherwise specifically authorized to be appropriated from the
Ifig,hway Trust Fund by Federal-aid highway legislation.
(e) It is the national policy that to the maximum extent possible the procedures to be utilized by
the Secretary and all
oilier affected heads of Federal departments, agencies, and instrumentalities for carrying out this
title and any other provision of law relating to the Federal highway programs shall encourage the
substantial minimization of

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23 U.S.C.A. 101
paperwork and interagency decision procedures and the best use of available manpower and funds so as
to prevent neecress duplication and unnecessary delays at all levels of government.
CREDIT(S) itA (veal
1/100:NASC IQ kASorit A5 4 Sh-k. aawcai 454 Stiftk
(PuhL_ 85-767, Aug. 27, 1958, 72 Stat. 887Pub.L. 86-70, § 21(e)(1), June 25, 1979173 Stat. 146;
Pub.L. 86-624, ftr……
§ 17(a), July 12, 19″460747;—-slat. 415 Pub.L 87-866, § 6(a), Oct 23, 1962, 76 Stat. 11471Pub.L.
88-423, § 3, Aug
13,1964, 78 Stat. 397 Pub.L. 89-574, § 4(a), Sept. 13, 1966, 80 Stat. 7671 Pub.L. 90-495, § § 4(a),
8, 15, Aug. 23,1968, 82 Stat. 816, 819, 822Pub.L. 91-605, Title I, § § 104(a), 106(a), 107, 117(d),
130, 141, Dec. 31, 1970, 84 Stat. 1714, 1716, 1718, 1724, 1732, 17371 Pub.L. 93-87, Title I, 4 4
105, 106(a), 107, 108, 152(1), Aug. 13, 1973, 87 Stat. 253 to 255, 274 Pub.L. 93-643, 4 102(b), Jan.
4, 1975, 88 Stat. 2281 t Pub.L. 94-280, Title I. § § 107(4, 108, May 5, 1976, 90 Stat. 430, 4311
Pub.L. 95-599, Title I. 4 106, Nov. 6, 1978, 92 Stat. 26931 Pub.L.
97424, Title I, 4 4 126(c), 159, Jan. 6, 1983, 96 Stat. 2115, 2135; Pub.L. 100-17, Title I. 4 §
102(b)(3), 108, 109, 133(bX2), (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, § 4 301(b), 311(b), Nov. 28, 1995, 109 Stat. 578, 583; Pub.L. 105-178, Title I,
1201, June 9, 199, 112 Stat. 164; Pub.L. 109-59, Title I, § § 1122, 1909(a), Aug. 10, 2005, 119
Stat. 1196, 1470.)
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
192 Acts. Senate Report No. 1928, see 1958 U.S. Code Cong. and Adm. News, p. 3942.
19 Acts. Senate Report No. 331, see 1959 U.S. Code Cong. and Adm. News, p. 1675.
1961 Acts. Senate Report No. 1681, see 1960 U.S. Code Cong. and Adm. News, p. 2963.
19G Acts. Senate Report No. 1997 and Conference Report No. 2549, see 1962 U.S. Code Cong. and Adm.
News, p.338.
[email protected] Acts. Senate Report No. 1162, see 1964 U.S. Code Cong. and Adm. News, p. 2708.

Page 11
23 U.S.C.A. 101
1966 Acts Senate Report No 1410 and Conference Report No 1903, see 1966 U S Code Cong and Adm News,
p. 2800.
1968 Acts Senate Report No 1340 and Conference Report No 1799 see 1968 U S Code Cong and Adm. News,
p 3482
1970 Acts House Report No 91-1554 and Conference Report No 911780, see 1970 U S Code Cong and Adni
Newsp. 5392.
1973 Acts. House Report No. 93-118 and Senate Conference Report No. 93- 355, see 1973 U.S. Code
Cong. and Adm. News, p. 1859.
1975 Acts. House Report No. 93-1567 and House Conference Report No. 93- 1622, see 1974 U.S. Code
Cong. and AdniNews,p. 8011.
1976 Acts. House Report No. 94-716 and House Conference Report No. 94- 1017, see 1976 U.S. Code
Cong. and AdimNews,p. 798.
1978 Acts. House Report No. 95-1485 and House Conference Report No. 95- 1797, see 1978 U.S. Code
Cong. and Adm News, p. 6575.
1983 Acts. House Report No. 97-555 and House Conference Report No. 97- 987, see 1982 U.S. Code Cong.
and AdimNews,p. 3639.
1987 Acts. Senate Report No. 1004 and House Conference Report No. 100- 27, see 1987 U.S. Code Cong.
and Adiu. News, p. 66.
1991 Acts. House Report No. 102-171(Parts I and II) and House Conference Report No. 102-404, see
1991 U.S. Code Cong. and Adm. News, p. 1526.
1995 Acts. House Report No. 104-246 and House Conference Report No. 104- 345, see 1995 U.S. Code
Cong. and Adm News, p. 522.

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23 U.S.C.A. § 101
1998 Acts. House Conference Report No. 105-550 and Statement by President, see 1998 U.S. Code Cong.
and Adm. News, p. 64.
2005 Acts_ House Conference Report No. 109-203, see 2005 U.S. Code Cong. and Adm. News, p. 452.
Statement by President, see 2005 U.S. Code Cong. and Adm. News, p. S24.
References in Text
Chapter 2 of this title, referred to in subsec. (a)(20), comprises 23 U.S.C.A. § 201 et seq., as
added by Pub.L. 85- 767, Aug. 27, 1958, 72 Stat 906, as amended.
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, c. 462, 70 Stat. 378, which is set out as a note under this section.
Amendments
2005 Amendments. Subsec. (a)(35). Pub.L. 109-59, § 1122(a), rewrote par. (35), which formerly read:
“(35) Transportation enhancement activities.–The term ‘transportation enhancement activities’
means, with respect to any project or the area to be served by the project, any of the following
activities if such activity relates to surface transportation: provision of facilities for
pedestrians and bicycles, provision of safety and educational activities for pedestrians and
bicyclists, acquisition of scenic easements and scenic or historic sites, scenic or historic
highway programs (including the provision of tourist and welcome center facilities), landscaping and
other scenic beautification, historic preservation, rehabilitation and operation of historic
transportation buildings, structures, or facilities (including historic railroad facilities and
canals), preservation of abandoned railway corridors (including the conversion and use thereof for
pedestrian or bicycle trails), control and removal of outdoor advertising,
archaeological planning and research, environmental mitigation to address water pollution due to
highway runoff or
reduce vehicle-caused wildlife mortality while maintaining habitat connectivity, and establishment
of transportation
museums.”
Subsec. (a)(38). Pub.L. 109-59, § 1122(b), added par. (38).

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23 U.S.C.A. § 101
Subsec. (b). Pub .L. 109-59, § 1909(a), rewrote subsec. (b), which formerly read: “It is hereby
declared to be in the national interest to accelerate the construction of the Federal-aid highway
systems, including The Dwight D. Eisenhower System of Interstate and Defense Highways, since many of
such highways, or portions thereof, are in fact inadequate to meet the needs of local and interstate
commerce, for the national and civil defense.
“It is hereby declared that the prompt and early completion of The Dwight D. Eisenhower System of
Interstate and
Defense Highways, so named because of its primary importance to the national defense and hereafter
referred to as the ‘Interstate System’, is essential to the national interest and is one of the most
important objectives of this Act. It is the intent of Congress that the Interstate System be
completed as nearly as practicable over the period of availability of the forty years’
appropriations authorized for the purpose of expediting its construction, reconstruction, or
improvement, inclusive of necessary tunnels and bridges, through the fiscal year ending
September 30, 1996, under section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat. 374), and
that the entire System in all States be brought to simultaneous completion Insofar as possible in
consonance with this objective, existing 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 practicable, suitable, and feasible, shall be given equal consideration with
the needs of interstate commerce.
“It is further declared that since the Interstate System is now in the fmal phase of completion it
shall be the national policy that increased emphasis be placed on the construction and
reconstruction of the other Federal-aid systems in accordance with the first paragraph of this
subsection, in order to bring all of the Federal-aid systems up to standards and to increase the
safety of these systems to the maximum extent.”
1998 Amendments. Subsec. (a). Pub.L. 105-178, 1201, rewrote subsec. (a), which previously read: “As
used in this title, unless the context requires otherwise–
“The term ‘apportionment in accordance with section 104 of this title includes unexpended
apportionments made under prior acts.
“The term ‘construction’ means the supervising, inspecting, actual building, and all expenses
incidental to the construction or reconstruction of a highway, including bond costs and other costs
relating to the issuance in

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23 U.S.C.A. § 101
accordance with section 122 of bonds or other debt financing instruments, locating, surveying, and
mapping (including the establishment of temporary and permanent geodetic markers in accordance with
specifications of the National Oceanic and Atmospheric Administration in the Department of Commerce)
resurfacing, restoration, and rehabilitation, acquisition of rights-of-way, relocation assistance,
elimination of hazards of railway grade crossings, elimination of roadside obstacles, acquisition of
replacement housing sites, acquisition and rehabilitation, relocation, and construction of
replacement housing, and improvements 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. The term also includes capital improvements which directly
facilitate an
effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale
installation, and
scale houses and also includes costs incurred by the State in performing Federal-aid project related
audits which
directly benefit the Federal-aid highway program.
“The term ‘county’ includes corresponding units of government under any other name in States which
do not have
county organizations, and likewise in those States in which the county government does not have
jurisdiction over
highways it may be construed to mean any local government unit vested with jurisdiction over local
highways.
“The term ‘Federal lands highways’ means forest highways, public lands highways, park roads,
parkways, and Indian reservation roads which are public roads.
“The term ‘forest road or trail’ means a road or trail wholly or partly within, or adjacent to, and
serving the National
Forest system and which is necessary for the protection, administration, and utilization of the
National Forest system
and the use and development of its resources.
“The term ‘forest development roads and trails’ means a forest road or trail under the jurisdiction
of the Forest Service.
“The term ‘forest highway’ means a forest road under the jurisdiction of, and maintained by, a
public authority and
open to public travel.
“The term ‘highway’ includes roads, streets, and parkways, and also includes rights-of-way, bridges,
railroad-
highway crossings, tunnels, drainage structures, si ;is, guardrails, and protective structures, in
connection with

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23 U.S.C.A. § 101
highways. It further includes that portion of any interstate or international 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.
“The term ‘Federal-aid highways’ means highways eligible for assistance under this chapter other
than highways classified as local roads or rural minor collectors.
“The term ‘highway safety improvement project’ means a project which corrects or improves high
hazard locations, eliminates roadside obstacles, improves highway signing and pavement marking,
installs priority control systems for emergency vehicles at signalized intersections, installs or
replaces emergency motorist-aid call boxes, or installs traffic control or warning devices at high
accident potential locations.
“The term ‘Indian reservation roads’ means public roads that are located within or provide access to
an Indian reservation or Indian trust land or restricted Indian land which is not subject to fee
title alienation without the approval of the Federal Government, or Indian and Alaska Native
villages, groups, or communities in which Indians and Alaskan Natives reside, whom the Secretary of
the Interior has determined are eligible for services generally available to Indians under Federal
laws specifically applicable to Indians.
“The term ‘maintenance’ means the preservation of the entire highway, including surface, shoulders,
roadsides, structures, and such traffic-control devices as are necessary for its safe and efficient
utilization.
“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.
“The term ‘parkway’ as used in chapter 2 of this title, means a parkway authorized by an Act of
Congress on lands to which title is vested in the United States.
“The term ‘project’ means 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
eligible for assistance under this title.

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23 U.S.C.A. § 101
“The term ‘project agreement’ means the formal instrument to be executed by the State transportation
department and the Secretary as required by the provisions of subsection (a) of section 110 of this
title.
“The term ‘public lands development roads and trails’ means those roads or trails which the
Secretary of the Interior determines are of primary importance for the development, protection,
administration, and utilization of public lands and resources under his control.
“The term ‘public lands highways’ means those main highways through unappropriated or unreserved
public lands, nontaxable Indian lands, or other Federal reservations, which are on the Federal-aid
systems.
“The term ‘public road’ means any road or street under the jurisdiction of and maintained by a
public authority and
open to public travel.
“The term ‘rural areas’ means all areas of a State not included in urban areas.
“The term ‘Secretary’ means Secretary of Transportation.
“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 responsible State and local officials in
cooperation with each other, subject
to approval by the Secretary. Boundaries shall, at a minimum, encompass the entire urbanized area
within a State as
designated by the Bureau of the Census.
“The term ‘State’ means any one of the fifty States, the District of Columbia, or Puerto Rico.
“The term ‘State funds’ includes finds 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
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.
“The term ‘Federal-aid system’ means any one of the Federal-aid highway systems described in section
103 of this
title.

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23 U.S.C.A. § 101
“The term ‘National Highway System’ means the Federal-aid highway system described in subsection (b)
of section 103 of this title.
“The term ‘Interstate System’ means the Dwight D. Eisenhower National System of Interstate and
Defense Highways described in subsection (e) of section 103 of this title.
“The term ‘operating costs for traffic monitoring, management, and control’ includes labor costs,
administrative
costs, costs of utilities and rent, and other costs associated with the continuous operation of
traffic control, such as integrated traffic control systems, incident management programs, and
traffic control centers.
“The term ‘carpool project’ means any project to encourage the use of carpools and vanpools,
including but not limited to provision of carpooling opportunities to the elderly and handicapped,
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, and designating existing facilities for use for
preferential parking for carpools.
“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.
“The term ‘public lands highway means a forest road under the jurisdiction of and maintained by a
public authority and open to public travel or any highway through unappropriated or unreserved
public lands, nontaxable Indian lands, or other Federal reservations under the jurisdiction of and
maintained by a public authority and open to public travel.
“The term ‘operational improvement’ means a capital improvement for installation of traffic
surveillance and control
equipment, computerized signal systems, motorist information systems, integrated traffic control
systems, incident management programs, and transportation demand management facilities, strategies,
and programs and such other capital improvements to public roads as the Secretary may designate, by
regulation; except that such term does not include resurfacing, restoring, or rehabilitating
improvements, construction of additional lanes, interchanges, and grade separations, and
construction of a new facility on a new location.

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23 U.S.C.A. 101
“The term ‘urban area’ means an urbanized area or, in the case of an urbanized 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 m
cooperation with each other, subject to approval by the Secretary. Such boundaries shall, as a
minimum, encompass the entire urban place designated by the Bureau of the Census except in the case
of cities in the State of Maine and in the State of New Hampshire.
“The term ‘transportation enhancement activities’ means, with respect to any project or the area to
be served by the project, provision of facilities for pedestrians and bicycles, acquisition of
scenic easements and scenic or historic sites, scenic or historic highway programs, landscaping and
other scenic beautification, historic preservation, rehabilitation and operation of historic
transportation buildings, structures, or facilities (including historic railroad facilities and
canals), preservation of abandoned railway corridors (including the conversion and use thereof for
pedestrian or bicycle trails), control and removal of outdoor advertising, archaeological planning
and research, and mitigation of water pollution due to highway runoff”
1995 Amendments. Subsec. (a). Pubi. 104-59. 311(b). in definition of “construction”, inserted “bond
costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt
financing instruments,” after “highway, including”.
Pub.L. 104-59, 301(a)(1), in definition of “project”, inserted before the period at the end “or any
other undertaking eligible for assistance under this title”.
Pub.L. 104-59. 301(a)(2), added provision defining “operating costs for traffic monitoring,
management, and control” and struck out former provision 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 systems, incident management
programs, and traffic control centers.”.
1991 Amendments. Subsec. (a). Pub-L. 102-240, § 1005(a), in definition of term “highway safety
improvement project”, inserted provisions relating to installation of priority control systems for
emergency vehicles at signalized intersections.

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23 U.S.C.A. § 101
Pub l. 102-240, 4 1005(b), in definition of term “urbanized area”, substituted “with a population
of 50,000 or more” for “so” and “Boundaries” for “Such boundaries”.
Pub .L. 102-240, § 1005(c), substituted “The term ‘National Highway System’ means the Federal-aid
highway system described in subsection (b) of section 103 of this title” for “The term ‘Federal-aid
primary system’ means the Federal-aid highway system described in subsection (b) of section 103 of
this title”.
Pub.L. 102-240, 4 1005(d)(1), struck out provisions defining term “Federal-aid secondary system”.
Pub.L. 102-240, § 1005(d)(2), struck out provisions defining term “Federal-aid urban system”
Pub.L. 102-240, 4 1005(d)(3), in definition of term “Indian reservation roads”, struck out
provisions relating to
roads on Federal-aid systems.
Pub.L. 102-240, § 1005(d)(4), in definition of term “park road”, inserted provisions relating to
bridge built for
pedestrian use with capability for use by emergency vehicles.
Pub.L. 102-240, § 1005(e), in definition of term “Interstate system”, inserted “Dwight D.
Eisenhower” preceding “National”.
Pub.L. 102-240, § 1005(f). added provisions defining term “operational improvement”.
Pub.L. 102-240, § 1005(g), added provisions defining terms “start-up costs for traffic and
management control”,
“carpool project”, “public authority” and “public lands highway”.
Pub.L. 102-240, § 1006(g)(1). substituted “The term ‘Federal-aid highways’ means highways eligible
for assistance under this chapter other than highways classified as local roads or rural minor
collectors” for “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, § 1007(c), added provisions defining term “transportation enhancement activities”.
Subsec. (b). Pub.L. 102-240, § 1001(g). substituted “forty” for “thirty-seven” and “1996” for “1993”.

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23 U.S.C.A. 101
1990 Amendments. Subsec. (b). PubI. 101-427 substituted “The Dwight D. Eisenhower System of
Interstate and Defense Highways” for “the National System of Intestate and Defense Highways” in
first two pars.
1987 Amendments. Subsec. (a). Pub-L. 100-17, 108, inserted “elimination of roadside obstacles,”
following
“grade crossings,” in definition of “construction”.
Pub.L. 100-17, 133(b)(2), substitutedt’ ‘forest road or trail’ “for “‘forest or trail’ “.
Pub.L. 100-17, 109, inserted “installs or replaces emergency motorist-aid call boxes,” following
“pavement
marking,” in definition of “highway safety improvement project”.
Pub.L. 100-17, 133(b)(3), substituted “The term ‘park road’ means a public road 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.” for “The term ‘park road’ means a public road that is
located within or provides access to an area in the national park system.” in definition of “park
road”.
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 Amendments. Subsec. (a). Pub.L. 97-424, § 126(c)(1). substituted provision that the term “park
road” means a public road that is located within or provides access to an area in the national park
system for provision that the term “park roads and trails” meant those roams or trails, including
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 approach roads to national parks or
monuments authorized by the Act of January 31, 1931(46 Stat. 1053), as amended.
Pub.L. 97-424, § 126(c)(2), substituted “The term ‘Indian reservation roads’ means public roads,
including roads” for “The term ‘Indian reservation roads and bridges’ means roads and bridges,
including roads and bridges” preceding “on the Federal-aid systems”.
Pub.L. 97-424, § 126(c)(3), added provision that the term “Federal lands highways” means forest
highways, public lands highways, park roads, parkways, and Indian reservation roads which are public
roads.

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23 U.S.C.A. § 101
Pub .L. 97-424, 4 159, added to the definition of “construction” 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 Amendments. Subsec. (a). Pub.L. 95-599, 4 106(a), in definition of “construction”, added
provision relating
to capital improvements.
Pub.L. 95-599, § 106(b)(1), in definition of “forest road or trail”, added 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
jurisdiction 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 communities contingent to national forests and which is a
Federal-aid system.
Pub.L. 95-599, § 106(1;1)(4), added the definition of “highway safety improvement project”.
1976 Amendments. Subsec. (a). Pub.L. 94-280, § 108, defined “construction” to include resurfacing,
restoration,
and rehabilitation and “urban area” to exclude cities in the States of Maine and New Hampshire and
inserted
definition of “public road”.
Subsec. (b). Pub.L. 94-280, § 107(a), substituted provision 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 completion over a
twenty-three year period, through the fiscal year ending June 30, 1979.
1975 Amendments. Pub.L. 93-643 defmed “Indian reservation roads and bridges” to include roads and
bridges on
the Federal-aid systems.
1973 Amendments. Subsec. (a). Pub.L. 93-87, § 105(1), in definition of “construction”, substituted
“National

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23 U.S.C.A. 101
Oceanic and Atmospheric Administration” for “Coast and Geodetic Survey” and extended the definition
to include improvements which directly facilitate and control traffic flow, such as grade separation
of intersections, widening of lanes, chamielization of traffic, traffic control systems, and
passenger loading and unloading areas.
Pub.L. 93-87. 105(3), in definition of “Indian reservation roads and bridges”, substituted “approval
of the Federal Government, or Indian and Alaska Native villages, groups, or communities in which
Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible
for services generally available to Indians under Federal laws specifically applicable to Indians”
for “approval of the Federal Government on which Indians reside whom the Secretary of the Interior
has determined to be eligible for services 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
“Secretary 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 minimum, 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 urbanized 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 cooperation 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 designated 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

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23 U.S.C.A. § 101
“June 30, 1976” and added third par declaratory of national policy, since the Interstate System is
now in the final phase of completion, that increased emphasis be placed on the construction and
reconstruction of the other Federal- aid systems in accordance 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 maximum extent
Subsec. (e). Pub.L. 93-87, § 108, added subsec. (e).
1970 Amendments. Subsec. (a). Pub.L. 91-605, § § 106(a), 117(d), 130, 141, inserted definitions of
“urbanized area” and “Federal-aid urban system”, substituted “subsection (e)” for “subsection (d)”
in definition of “Interstate
System”, 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 replacement housing, and substituted “acquisition” for “costs” of
rights-of-way, broadened definition of “Indian reservation roads and bridges” to include roads and
bridges on State controlled Indian reservations, trust lands, and restricted Indian lands, as well
as roads and bridges on such lands under Federal control, and added to the definitions of “forest
highway” and “public lands highways” provisions to insure that these highways be on the Federal-aid
systems.
Subsec. (b). Pub.L. 91-605, § 104(a), substituted “twenty years” for “eighteen years” and “June 30, 1976” for “June 30, 1974”.
Subsec. (c). Pub.L. 91-605, § 107, substituted “any officer or employee in the executive branch of
the Federal Government” for “any officer or employee of any department, 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 provisions prohibiting expenditure of funds from the
Highway Trust Fund by any department other than the Federal Highway Administration unless these
funds are identified and included as a line item in an appropriation 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 appropriated from the
Highway Trust Fund by Federal-aid highway legislation for provisions
expressing essentially the same prohibitions but permitting expenditures to meet obligations
incurred under this title attributable to Federal-aid highways, and contracted for in accordance
with the Act of March 4, 1915, as amended

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23 U.S.C.A. § 101
[section 1535 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 Amendments. Subsec. (a). Pub .L 90-495, § 8, added “and other areas administered by the Forest
Service” following “national forests” and “national forest” in the definitions of “forest road or
trail” and “forest development roads and trails”.
Subsec. (b). Pub.L. 90-495, § 4(a), substituted a reference 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 Amendments. Subsec. (b). Pub.L. 89-574 substituted a reference to “sixteen years’
appropriation” for reference to “fifteen years’ appropriation” and substituted “June 30, 1972” for
“June 30, 1971”.
1964 Amendments. Subsec. (b). Pub.L. 88-423 substituted “fifteen years” for “thirteen years” and
“June 30, 1971” for “June 30, 1969.”
1962 Amendments. Subsec. (a). Pub.L. 87-866 inserted the definition of “public lands development
roads and trails.”
1960 Amendments. 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 the
definition of “State.”
1959 Amendments. Subsec. (a). Pub .L. 86-70 substituted in the definition of “State” the words
“forty-nine States, the District of Columbia, Hawaii” for “forty-eight States, the District of
Columbia, Hawaii, Alaska.”
Effective and Applicability Provisions
1998 Acts. Section 9016 of Pub.L. 105-206 provided that: “This title and the amendments made by this
title [Title IX (§ 9001 to 9016) of Pub.L. 105- 206, July 22, 1998, 112 Stat 834, enacting sections
154 and 164 of this title and section 1103 of Title 38, amending sections 104, 105, 110, 115, 118 to
120, 124, 129, 134, 143, 144, 188, 202,

Page 25
23 U.S.C.A. 101
and 322 of this title, section 900 of Title 2, sectins 777c, 777g, and 777g-1 of Title 16, sections
9503 and 9504 of Title 26, sections 1110, 1131, 3532, 3534, 3542, and 3687 of Title 38, and sections 5302 to
5305, 5307 to 5309, 5315, 5320, 5325, 5328, 5337, 5338, 5505, 30105, and 31314 of Title 49,
repealing sections 126 and 150 of this title, enacting provisions set out as notes under this
section and section 144 of this title, sections 1103 and 3532 of Title 38, and section 5338 of Title 49, and amending provisions set out as notes under this
section and sections 104, 109, 138, 149, 322, 402, and 502 of this title, sections 901 and 902 of
Title 2, section 668dd of Title 16, section 1110 of Title 38, and sections 111, 5301, 5307, 5309,
5310, and 31136 of Title 49] shall take effect simultaneously with
the enactment of the Transportation Equity Act for the 21st Century [Pub.L. 105-178, June 9, 1998,
112 Stat. 107]. For purposes of all Federal laws, the amendments made by this title [Title IX of
Pub.L. 105-206] shall be treated as being included in the Transportation Equity Act for the 21st Century [Pub.L. 105-178] 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 fPub.L. 105-178j) (as in effect on the day before the date of enactment of this Act [July 22, 1998]) that
are amended by this title [Title IX of Pub.L. 105-206] shall be treated as not being enacted.”
1991 Acts. Amendment by Pub.L. 102-240 effective on December 18, 1991, to be applicable to funds
authorized to be appropriated or made av-ailable after Sept. 30, 1991, except as otherwise provided, see section 1100(a), (b) of Pub.L. 102-240, set out as a note under section 104 of this title.
1970 Acts. Section 147 of Publ. 91-605 provided that: “The amendments made by section 117 [enacting
section 510, amending section 101 of this title, and renumbering sections 511 and 512 of this title], 120 [amending note set
out under section 502 of this tide], and 137 of this Act [amending section 506 of this title] shall
not take effect if before the effective date of this Act [Dec. 31, 1970] the Uniform Relocation
Assistance and Land Acquisition Policies Act of 1970 has been enacted into law.” The Uniform Relocation Assistance and Land
Acquisition Policies Act of 1970, enacted as Pub.L. 91-646, 84 Stat. 1894, was approved Jan. 2, 1971, whereas this Act
(Title I of Pub.L. 91- 605) was approved Dec. 31, 1970, therefore the amendments made by sections 117, 120, and 137 of
Title I of Pub.L. 91-605 took effect. 1968 Acts. Section 37 of Pub.L. 90-495, as amended Pub.L. 91-605, Title I, § 120, Dec. 31, 1970, 84
Stat. 1725, provided that:

Page 26
23 U.S.C.A. § 101
“(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
sections 101, 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 Title 49,
Appendix, Transportation, repealing section 133 of this title, enacting provisions set out as notes
under sections 101, 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, 506507, 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
provided 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 502505506507, 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.”
1959 Acts. Section 21(e) of Pub.L. 86-70 provided in part that the amendments of subsec. (a) of this
section and § § 104(b), 116(a) and 120(a) of this title shall be effective on July 1, 1959.
Change of Name
The Coast and Geodetic Survey was consolidated with the National Weather Bureau in 1965 to form the
Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30
F.R. 8819, 79 Stat. 1318. The Environmental Science Services Administration was abolished in 1970
and its personnel, property, records, etc., were transferred to the National Oceanic and Atmospheric
Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By
order of the Acting Associate Administrator of the National Oceanic and Atmospheric Administration,
35 F.R. 19249, Dec. 19, 1970, the Coast and Geodetic Survey was redesignated the National Ocean
Survey. See notes under section 311 of Title 15, Commerce and Trade.

Page 27
23 U.S.C.A. 101
Transfer of Functions
All functions, powers, and duties of the Secretary of Commerce and other officers and offices of the
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 were transferred to and
vested in the Secretary of Transportation by Pub.L. 89-670, Oct. 15, 1966, 80 Stat. 931, which
created the Department of Transportation. See section 1655(a)(1), (6) of Title 49, Appendix,
Transportation.
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of
related references, see note set out under 8 U.S.C.A. § 1551.
Severability of Provisions
Section 36 of Pub.L. 90-495 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
sections 101, 101 note, 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 131, 135, 136, 138, 205,
319, and 402 of this title, section 636 of Title 15,
Commerce and Trade, and section 1653 of Title 49, Transportation, repealing section 133 of this
title, and enacting provisions set out as notes under sections 101, 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 thereby.”
Short Title
2005 Amendments. Pub.L. 109-59, 4 1(a), Aug. 10, 2005, 119 Stat. 1144, provided that: “This Act [see
Tables for classification] may be cited as the ‘Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users or ‘SAFETEA-Lir.”
Pub.L. 109-42, § 1, July 30, 2005, 119 Stat. 435, provided that: “This Act [amending 26 U.S.C.A. § §
9503 and 9504, and 49 U.S.C.A. § 5338, enacting provisions set out as a note under 26 U.S.C.A. §
9503, and amending provisions set out as a note under 23 U.S.C.A. § 104] may be cited as the
‘Surface Transportation Extension Act of 2005, Part VI’.”

Page 28
23 U.S.C.A. 101
Pub.L. 109-37, 1. July 22, 2005, 119 Stat. 394, provided that: “This Act [amending 16 U.S.C.A. *
777c, U.S.C.A. * * 144,1,1,and, 26U.S.C.A. * * 9503 and 9504,46U.S.C.A. * 13106, and 49U.S.C.A. *
07, 5309, 5338, 31104, and 31107, enacting provisions set out as notes under this section and 26
U.S.C.A. * 03, and amending provisions set out as notes under this section and 23 U.S.C.A. * * 104, 322, and
402, and 4 U.S.C.A. * * 5307, 5309, 5310, and 53381 may be cited as the ‘Surface Transportation
Extension Act of 2005, Part Pub.L. 109-35, * 1, July 20, 2005, 119 Stat. 379, provided that: “This Act [amending 16 U.S.C.A. *
777c, U.S.C.A. * * 144, 157, 163, and 188,26 U.S.C.A. * * 9503 and 9504,46 U.S.C.A. * 13106, and 49
U.S.C.A. * 5307, 5309, 5338, 31104, and 31107, enacting provisions set out as notes under this
section and 26 U.S.C.A. * and amending provisions set out as notes under this section and 23 U.S.C.A. * * 104, 322, and 402,
and 49 U.S.C.A. * * 5307, 5309, 5310, and 5338] 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 16 U.S.C.A. *
777c, 23 U.S.C.A. * * 144,157 163, and 188, 26 U.S.C.A. ** 9503 and 9504,46 U.S.C.A. * 13106, and 49
U.S.C.A. 5307, 5309, 5338, 31104, and 31107, enacting provisions set out as notes under this section
and 26 U.S.C.A. * and amending provisions set out as notes under this section, 23 U.S.C.A. * * 104, 322, and 4, and 49
U.S.C.A. * * 5307, 5309, 5310, and 5L3A8 may be cited as the ‘Surface Transportation Extension Act
of 2005, Part Pub.L; 109-14, * 1, May 31, 2005, 119 Stat. 324, provided that: “This Act [amending 16
U.S.C.A. 4 777c, 23

Page 29
23 U.S.C.A. § 101
U.S.C.A. § 144, 157, 163, and 188, 26 U.S.C.A. § 4481, 4482, 4483, 9503, and 9504, 49 U.S.C.A. § §
5307, 5309, 5338, 31104, and 31107, and 46 U.S.C.A. 4 13106, enacting provisions set out as notes
under this section and 26 U.S.C.A. 4 4481, and amending provisions set out as notes under this
section, 23 U.S.C.A. § 104, 322, and 402, and 49 U.S.C.A. § 5307, 5309, 5310 and 5338] may be cited
as the ‘Surface Transportation Extension Act of
2005’.” 2004 Amendments. Pub.L. 108-310, § 1, Sept. 30, 2004, 118 Stat. 1144, provided that: “This
Act [amending 2 U.S.C.A. § § 900 and 901, 16 U.S.C.A. § 777c, 23 U.S.C.A. § 144, 157, 163, 188, and
410, 26 U.S.C.A. 4 9503 and 9504, 46 U.S.C.A. § 13106, and 49 U.S.C.A. 4 5307, 5309, 5338, 31104,
and 31107, enacting provisions set out as notes under this section and 23 U.S.C.A. § 104, 26
U.S.C.A. § 9503, and 49 U.S.C.A. § 5337, amending provisions set out as notes under this section and
2 U.S.C.A. § 901, 23 U.S.C.A. § 104, 322, and 402, and 49 U.S.C.A. § § 5307, 5309, 5310, and 5338
and repealing provisions set out as a note under 26 U.S.C.A. §
9503] may be cited as the ‘Surface Transportation Extension Act of 2004, Part V’.”
Pub.L. 108-280, § 1, July 30, 2004, 118 Stat. 876, provided that: “This Act [amending 16 U.S.C.A. §
777c, 23 U.S.C.A. § § 144, 157, 163, 188, 26 U.S.C.A. § § 9503 and 9504, 46 U.S.C.A. 4 13106, and 49
U.S.C.A. 4 5307, 5309, 5338, 31104, and 31107, enacting provisions set out as notes under 26
U.S.C.A. § 9503, amending provisions set out as notes under 23 U.S.C.A. § § 101, 104, 322, and 402,
and 49 U.S.C.A. § § 5307, 5309, and 5310, and repealing provisions set out as a note under 49
U.S.C.A. § 5337] may be cited as the ‘Surface Transportation Extension Act of 2004, Part IV’.”
Pub.L. 108-263, § 1, June 30, 2004, 118 Stat. 698, provided that: “This Act [amending 16 U.S.C.A.
777c, 23 U.S.C.A. 4 4 144, 157, 163, 188, 26 U.S.C.A. § 9503, 9504, 46 U.S.C.A. § 13106, and 49
U.S.C.A. § 5307, 5309, 5338, 31104, 31107; enacting provisions set out as a note under 26 U.S.C.A. §
9503; and amending provisions set out as notes under this section and 23 U.S.C.A. § § 104, 322, 402,
and 49 U.S.C.A. § § 5307, 5309, 5310, 5337, 5338] 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 16 U.S.C.A. §
777c, 23 U.S.C.A. § 144, 157, 163, and 188, 26 U.S.C.A. § 9503 and 9504, 46 U.S.C.A. § 13106, and 49
U.S.C.A. § 5307, 5309, 5338, 31104, and 31107, enacting provisions set out as a note under 26
U.S.C.A. § 9503, and amending

Page 30
23 U.S.C.A. 101
provisions set out as notes under this section and 23 U.S.C.A. § 104, 322 and 402, and 49 U.S.C.A. §
5307, 5309, 5310, 5337 and 5338] may be cited as the ‘Surface Transportation Extension Act of 2004,
Part II’.”
Pub.L. 108-202, 4 1, Feb. 29, 2004, 118 Stat. 478, provided that: “This Act [amending 16 U.S.C.A. §
777c, 23 U.S.C.A. § 144, 157, 163, and 188, 26 U.S.C.A. § 9503 and 9504, 46 U.S.C.A. 4 13106, and 49
U.S.C.A. 4 5307, 5309, 5338, 31104, and 31107, enacting provisions set out as a note under 26
U.S.C.A. § 9503, and amending provisions set out as notes under this section and 23 U.S.C.A. § 104,
322, and 402, and 49 U.S.C.A. § 4 5309, 5307, 5310 5337, and 5338] may be cited as the ‘Surface
Transportation Extension Act of 2004’.” This Act is also
known as the Surface Transportation Extension Act of 2004, Part I.
2003 Amendments. Pub.L. 108-88, 4 1, Sept. 30, 2003, 117 Stat. 1110, provided that: “This Act
[amending 2 U.S.C.A. § § 900 and 901 16 U.S.C.A. § 777c, 23 U.S.C.A. § 144, 157, 163, 188, and 410,
26 U.S.C.A. § 9503 and 9504, 46 U.S.C.A. § 13106, and 49 U.S.C.A. § 4 5307, 5309, 5337, 5338,
31104, and 31107, enacting provisions set out as notes under 23 U.S.C.A. § 104, 26 U.S.C.A. § 9503,
and 49 U.S.C.A. § 5337, and amending provisions set out as notes under 2 U.S.C.A. § 901, 23 U.S.C.A. § § 101, 322, and 402, and 49
U.S.C.A. § § 5309, 5310, and 5338] may be cited as the ‘Surface Transportation Extension Act of 2003’.”
1998 Amendments. Section 9001 of Publ. 105-206 provided that: “This title [Title IX (§ § 9001 to
9016) of Pub.L. 105-206, July 22, 1998, 112 Stat. 834, enacting 23 U.S.C.A. § § 154 and 164 and 38
U.S.C.A. § 1103, amending 2 U.S.C.A. § 900, 16 U.S.C.A. § 777c, 1771, and 777g-1, 23 U.S.C.A. § 104,
105, 110, 115, 118 to 120, 124, 129, 134, 143, 144, 188, 202, and 322, 26 U.S.C.A. 4 4 9503 and 9504, 38 U.S.C.A.
4 1110, 1131, 3532, 3534, 3542, and 3687, and 49 U.S.C.A. § 5302 to 5305, 5307 to 5309, 5315, 5320, 5325,
5328, 5337, 5338, 5505, 30105, and 31314, repealing 23 U.S.C.A. § 126 and 150, enacting provisions set out as notes
under this section and 23 U.S.C.A. § 144, 38 U.S.CA. § 4 1103 and 3532, and 49 U.S.C.A. § 5338, and amending
provisions set out as notes under this section, 2 U.S.C.A. § 901 and 902, 16 U.S.C.A. § 668dd, 38
U.S.C.A. § 1110, 23 U.S.C.A. § 104, 109, 138, 149, 322, 402 and 502, and 49 U.S.C.A. § § 111, 5301,
5307, 5309, 5310, and 31136] may be cited as the ‘TEA 21 Restoration Act’.”
Section 1(a) of Pub.L. 105-178 provided that: “This Act [Pub.L. 105-178, June 9, 1998, 112 Stat.
107, for complete classification of which to the Code, see Tables] may be cited as the ‘Transportation Equity Act for
the 21st

Page 31
23 U.S.CA. § 101
Century’.”
Section 1501 of Pub.L. 105-178 provided that: “This chapter [Chapter 1 (§ § 1501 to 1504) of
Subtitle E of Title I of Pub.L. 105-178, June 9, 1998, 112 Stat. 241, enacting subchapters I and II
headings and sections 181 to 189 of this title, amending section 301 of Title 49, and enacting
provisions set out as a note under section 181 of this title] may be cited as the ‘Transportation
Infrastructure Finance and Innovation Act of 1998’.”
1997 Amendments. 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 111, 5309 5337, 5338, 30308, and
31104 of Title 49, sections 9503, 9504, and 9511 of Title 26, enacting provisions set out as notes
under this section, section 104 of Title 26, and
amending provisions set out as notes under this section and section 307 of this title] may be cited
as the ‘Surface Transportation Extension Act of 1997′.”
1995 Amendments. Section 1(a) of Pub.L. 104-59 provided that: “This Act [enacting section 161 of
this title, amending this section and 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, repealing section 154 of this
title, enacting
provisions set out as notes preceding this section, under this section and 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 this section and under section 112 of this title]
may be cited as the
National Highway System Designation Act of 1995’.”
1987 Amendments. Section 1(a) of Pub.L. 100-17 provided that: “This Act [enacting sections 151, 156,
and 409 of
this tide, 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 Title 49, Appendix, Transportation, amending
this section and 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 4601-11 of Title 16, Conservation, section 1761 of Title
18, Crimes and Criminal Procedure, sections 4041, 4051,

Page 32
23 U.S.C.A. § 101
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, and sections 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 Title 49, Appendix, repealing sections 114 note, 130 note, 211, 213,
217 notes, 219,. and 322 of this title, sections 498a, 498b, 503-507, 526, 526a, 526a note, 529, and
535d of Title 33, and sections 4634 and 4637 of Title 42, enacting provisions set out as notes under
this section and 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 Title 49, Appendix, amending provisions set out as notes
under this section and sections 103, 104, 130, 141, 144, 146, and 401 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 ‘Surface Transportation and Uniform Relocation Assistance Act of 1987’.”
Section 101 of Title I of Pub.L. 100-17 provided that: “This title [enacting sections 151, 156, and
409 of this title and section 508 of Title 33, Navigation and Navigable Waters, amending this
section and 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, 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 Title 49, Appendix, repealing sections 211,
213, 219, and 322 of this title and sections 498a, 49, 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 331 may be
cited as the ‘Federal-Aid Highway Act of 1987’.”
1983 Amendments. Section 1 of Pub.L. 97-424 provided: “That this Act [enacting section 157 of this
title, sections
4051 to 4053 and 9503 of Title 26, Internal Revenue Code, and sections 1601c, 1607a, 1607a-1, 1617,
1618, and
2301 to 2315 of Title 49, Appendix, Transportation, amending this section and sections 103, 105,
109, 112, 113,
114, 115, 116, 118, 119, 120, 122, 125, 127, 137, 139, 140, 141, 142, 144, 150, 152, 201, 202, 203,
204, 210, 214,

Page 33
23 U.S.C.A. § 101
217, 218, 307, and 402 of this title, section 713c-3 of Title 15, Commerce and Trade, sections 4601
-11 and 1606a of Title 16, Conservation, sections 39, 44E, 46, 48,103¾ 167, 168, 274, 851, 852, 874,
882, 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 11909 and 11914 of Title 49, and sections 1602, 1603, 1604, 1607c, 1608, 1611,
1612, 1614, 2204, 2205, 2206 of Title 49, Appendix, repealing sections 206 to 209 of this title,
sections 4091 to 4094, and 6424. of Title 26, and sections 1604a, 1617, and 1618 of
Title 49, Appendix, enacting provisions set out as notes under this section and sections 103, 104,
105, 109, 111, 119, 120, 125, 144, 146, 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 Title 49, Appendix, amending provisions set out as notes under this section
and sections
103, 130, 307, and 401 of this title, sections 165 and 3304 of Title 26, and section 10927 of Title
49, and repealing provisions set out as notes under this section and section 104 of this title,
section 120 of Title 26, and section 1602
of Title 49, Appendix] may be cited as the ‘Surface Transportation Assistance Act of 1982’.”
Section 101 of Title I of Pub.L. 97-424 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 206 to 209 of this title, enacting provisions set out as notes under
this section and sections 103, 104, 105, 109, 111, 119, 120, 125, 144, and 146 of this title, and
section 2315 of Title 49, Appendix, Transportation, amending provisions set out as notes under this
section and sections 130 and 307 of this title, and repealing provisions set out as notes under this
section and section 104 of this title] may be cited as the ‘Highway Improvement Act of 1982’.”
1982 Amendments. Section 1 of Pub.L. 97-327, Oct. 15, 1982, 96 Stat. 1611, provided: “That this Act
[amending section 144 of this title and provisions set out as notes under this section and under
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’.”

Page 34
23 U.S.C.A. § 101
1981 Amendments. Pub.L. 97-134, § 13, Dec. 29, 1981,95 SMt. 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’.”
1978 Amendments. Section 1 of Pub.L. 95-599 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 Title 49,
Appendix, Transportation, amending this section and 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 4601-11 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 Title 40, Appendix, Public Buildings, Property, and Works, sections
303, 1602, 1603, 1604, 1607b, 1607c, 1608, 1611, 1612, and 1613 of Title 49, Appendix, repealing
section 153 of this title and sections 1607, 1607a, and 1614 of Title 49, Appendix, and enacting
provisions set out as notes under this section and 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 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 Title 49,
Appendix] may be cited as the ‘Surface Transportation Assistance Act of 1978’.”
Section 101 of Pub.L 95-599 provided that: “This title [enacting sections 119 and 146 of this title,
amending this section and 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
Title 40, Appendix, Public Buildings, Propertyand 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 and 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 Title 40, Appendix, section 5904 of Title 42, section 883 of Title 46, Appendix, Shipping,
and section 1653 of Title 49, Appendix, Transportation] may be cited as the ‘Federal-Aid Highway Act
of 1978’.” Section 501 of Pub.L. 95-599 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,


Page 35
23 U.S.C.A. 101
Intrical Revenue Code, and enacting provisions set out as notes under sections 120 and 307 of this
title and section 6477 of Title 26] may be cited as the ‘Highway Revenue Act of 1978’.”
1916 Amendments. Pub.L. 94-280, Title I, § 101, May 5, 1976, 90 Stat. 425, provided that: “This
title [enacting sestion 156 of this title, amending this section and sections 103, 104, 106, 108,
117, 118, 121, 125, 127, 129, 131, 13. 139, 140, 142, 147, 152, 153, 202, 203, 217, 219, 319, and
320 of this title, repealing sections 146 and 405
ofth1s title, enacting provisions set out as notes under this section and sections 103, 104, 124,
134, 135, 215, 218, 379, and 320 of this title and section 1605 of Title 49, Appendix,
Transportation, and amending provisions set out as rides ander this section and sections 120, 130,
and 142 of this title and section 1605 of Title 49, Appendix] may be citc1 as the ‘Federal-Aid
Highway Act of 1976’.”
1974 Amendments. Pub.L. 93-643, § 1, Jan. 4, 1975, 88 Stat. 2281, provided: “That this Act [which
enacted sestions 141, 154, 155, 219, and 406 of this title, amended this section and sections 103,
115, 127, 129, 131, 136,
144, 208, 320, 322, 323, and 405 of this title, enacted provisions set out as notes under this
section and sections 142, 217, and 320 of this title, amended provisions set out as notes under this
section and sections 130 and 142 of this tile, and repealed provisions set out as a note under this
section] may be cited as the ‘Federal-Aid Highway
Anelidments of 1974’.”
1W3 Amendments. 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 Title 49, Appendix,
Transportation,
anending this section and sections 103 to 105, 108, 109, 114, 117, 121, 126, 129, 135, 140, 142,
143, 149, 207, 303, 3ff to 310, 312, 314, and 320 of this title, and enacting provisions set out as
notes under this section and sections 10% 104, 120, 130, 142, 218, 307, 319, and 320 of this title
and sections 1608 and 1637 of Title 49, Appendix] may
becited as the ‘Federal-Aid Highway Act of 1973’.”
1910 Amendments. Section 101 of the Pub.L. 91-605 Title I, Dec. 31, 1970, 84 Stat. 1713, provided
that: “This title [eaaatitg sections 142, 143, 215, 216, 321, and 510 of this title, amending this
section and sections 103, 104, 105, lifi, 109, 120, 125, 128, 129, 131, 134, 135, 136, 137, 139,
140, 303, 307, 320, 506, 511, 512 of this title and sedion 517 of Title 33, Navigation and Navigable
Waters, and enacting provisions set out as notes under this section
aid sections 104, 120, 129, 131, 134, 215, 216, 303, 307, 320, and 510 of this title] may be cited
as the ‘Federal-Aid

Page 36
23 U.S.C.A. 101
Highway Act of 1970′”
196Amendments Pub .L. 90-495, § 1, Aug 23, 1968, 82 Stat. 815, provided that “This Act [enactmg
sections 135,139 140, and 141 of this title, amending this section and 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 Track and section 1653 of Title 49 Appendix, Transportation, repealmg
section 133 of this title, amending provisions set out as a note under this section, 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
196g.”
196Amendments. Section 1 of Pub.L. 89-574, Sept. 13, 1966, 80 Stat. 766, provided that: “This Act
[enacting secliras 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 sections 106, 108, 125, 133, and 137 of this title] may be cited as the ‘Federal-Aid
Highway Act of 1966’.”
1965Aniendments. Pub.L. 89-285, § 403, Oct. 22, 1965, 79 Stat. 1033, provided that: “This Act
[enacting section 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’.”
19& Amendments. Pub.L. 88-423 § 1, Aug. 13, 1964, 78 Stat. 397, provided that: “This Act [amending
this seciisn and sections 104, 205, 209 and 320 of this title] may be cited as the ‘Federal-Aid
Highway Act of 1964’.”
1961 Amendments. 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’.”
1962.Amendments. 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’.”
1961 Amendments. Pub.L. 87-61, § 101, June 29, 1961, 75 Stat. 122, provided that: “This Act
[enacting section 615fi of Title 26, Internal Revenue Code, amending sections 111, 131 and 210 of
this title and sections 4041, 4061,

Page 37
23 U.S.C…A. § 101
4071, 4)81, 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’.”
1960 Amendments. 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’.”
1959 Amendments. Publ.,. 86-342, Title I, 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’.”
General Definitions
Puh.L. 109-59, § 2¾ Aug. 10, 2005, 119 Stat. 1153, provided that: “In this Act [the Safe,
Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users or SAFETEA-LU, Pub.L. 109-59, Aug. 10, 2005,
119 Stat. 1144; see Tables for classification], the following definitions apply:
“(1) Itepartment.–The term ‘Department’ means the Department of Transportation.
“(2) Secretary.–The term ‘Secretary’ means the Secretary of Transportation.”
Definition of State
Puh.L. 109-59. Title I, § 1120(c), Aug. 10, 2005, 119 Stat. 1172, provided that: “For the purposes
of apportioning
funds under sections 104, 105, 130, 144, and 206 of title 23, United States Code, and section 1404
[23 U.S.C.A. § 402 nine], relating to the safe routes to school program, the term ‘State’ means any
of the 50 States and the District of Cohunbia.?’
Projects of National and Regional Significance

Page 38
23 U.S.C.A. § 101
Pub.L. 109-59, Title I. 1301, Aug. 10, 2005, 119 Stat. 1198, provided that:
“(a) Findings.–Congress finds the following:
“(1) Under current law, surface transportation programs rely primarily on formula capital
apportionments to States.
“(2) Despite the significant increase for surface transportation program funding in the
Transportation Equity Act of the 21st Century [Pub.L. 105- 178, June 9, 1998, 112 Stat 107, as
amended, also known as TEA 21, and BESThA, the Building Efficient Surface Transportation and Equity
Act; see Tables for classification], current levels of investment are insufficient to fund critical
high-cost transportation infrastructure facilities that address critical national economic and
transportation needs.
“(3) Critical high-cost transportation infrastructure facilities often include multiple levels of
government, agencies, modes of transportation, and transportation goals and planning processes that
are not easily addressed or funded within existing surface transportation program categories.
“(4) Projects of national and regional significance have national and regional benefits, including
improving economic productivity by facilitating international trade, relieving congestion, and
improving transportation safety by facilitating passenger and freight movement
“(5) The benefits of projects described in paragraph (4) accrue to local areas, States, and the
Nation as a result of the e&ct such projects have on the national transportation system.
“(6) A program dedicated to constructing projects of national and regional significance is necessary
to improve the safe, secure, and efficient movement of people and goods throughout the United States
and improve the health and welfare of the national economy.
“(b) Establishment of program.–The Secretary shall establish a program to provide grants to States
for projects of national and regional significance.
“(c) Definitions.–In this section [this note], the following definitions apply:

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23 U.S.C.A. 101
“(1) EliIe project costs.–The term ‘eligible project costs’ means the costs of–
“(A) tkvelopment phase activities, including planning, feasibility analysis, revenue forecasting,
environmental reviews preliminary engineering and design work, and other preconstruction activities;
and
“(B) construction, reconstruction, rehabilitation, and acquisition of real property (including land
related to the project and improvements to land), environmental mitigation, construction
contingencies, acquisition of equipment, and operational improvements.
“(2) Eligible project.–The term ‘eligible project’ means any surface transportation project
eligible for Federal
assistance under title 23, United States Code, including freight railroad projects and activities
eligible under such title.
“(3) Stste.The term ‘State’ has the meaning such term has in section 101(a) of title 23, United
States Code [subsec. (a) of this section]. — 0.0k C° 113nri. *5) 43443″t’S e–,
“(d) Elig,illility.–To be eligible for assistance under this section [this note], a project shall
have eligible project costs that are reasonably anticipated to equal or exceed the lesser of–
“(1) $500,000,000; or
“(2) 75 percent of the amount of Federal highway assistance funds apportioned for the most recently
completed
fiscal year to the State in which the project is located.
“(e) Apprmations.–Each State seeking to receive a grant under this section [this note] for an
eligible project shall submit to the Secretary an application in such form and in accordance with
such requirements as the Secretary shall
establish.
“(f) Competitive grant selection and criteria for grants.–
“(1) In general.–The Secretary shall–
“(A) establish criteria for selecting among projects that meet the eligibility criteria specified in
subsection (d)

Page 40
23 U.S.C.A. 101 [of this note];
“(B) conduct a national solicitation for applications; and
“(C) award grants on a competitive basis.
“(2) Criteria for grants.–The Secretary may approve a grant under this section [this note] for a
project only if the Secretary determines that the project–
“(A) is based on the results of preliminary engineering;
“(B) Islustified based on the ability of the project–
“(i) to generate national economic benefits, including creating jobs, expanding business
opportunities, and impacting the gross domestic product;
“(ii) to reduce congestion, including impacts in the State, region, and Nation;
“(iii) to improve transportation safety, including reducing transportation accidents, injuries, and
fatalities;
“(iv) to otherwise enhance the national transportation system; and
“(v) to gamer support for non-Federal financial commitments and provide evidence of stable and
dependable financing sources to construct, maintain, and operate the infrastructure facility; and
“(C) is supported by an acceptable degree of non-Federal financial commitments, including evidence
of stable and dependable financing sources to construct, maintain, and operate the infrastructure
facility.
“(3) Selection considerations.–In selecting a project under this section [this note], the Secretary
shall consider the extent to which the project–
“(A) leverages Federal investment by encouraging non-Federal contributions to the project, including
contributions from public-private partnerships;
(B) uses new technologies, including intelligent transportation systems, that enhance the efficiency
of the

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23 U.S.C.A. § 101
project; and
“(C) helps maintain or protect the environment.
“(4) Preliminary engineering.–In evaluating a project under paragraph (2)(A), the Secretary shall
analyze and consider the results of preliminary engineering for the project.
“(5) Non-Federal financial commitment.–
“(A) Evaluation of project.–In evaluating a project under paragraph (2)(C), the Secretary shall
require that–
“(i) the proposed project plan provides for the availability of contingency amounts that the
Secretary determines to be reasonable to cover unanticipated cost increases; and
“(ii) each proposed non-Federal source of capital and operating fmancing is stable, reliable, and
available
within the proposed project timetable.
“(B) Considerations.–In assessing the stability, reliability, and availability of proposed sources
of non-Federal financing under subparagraph (A), the Secretary shall consider–
“(i) existing financial commitments;
“(ii) the degree to which financing sources are dedicated to the purposes proposed;
“(iii) any debt obligation that exists or is proposed by the recipient for the proposed project; and
“(iv) the extent to which the project has a non-Federal financial commitment that exceeds the
required non- Federal share of the cost of the project
“(6) Regulations.–Not later than 180 days after the date of enactment of this Act [Aug. 10, 2005],
the Secretary shall issue regulations on the manner in which the Secretary will evaluate and rate
the projects based on the results
of preliminary engineering, project justification, and the degree of non-Federal financial
commitment, as required under this subsection.

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23 U.S.C.A. 101
“(7) Project evaluation and rating.–
“(A) In general.–A proposed project may advance from preliminary engineering to final design and
construction only if the Secretary finds that the project meets the requirements of this subsection
and there is a reasonable likelihood that the project will continue to meet such requirements.
“(B) Evaluation and rating.–In making such findings, the Secretary shall evaluate and rate the
project as ‘highly recommended’, ‘recommended’, or ‘not recommended’ based on the results of
preliminary- engineering, the project justification criteria, and the degree of non-Federal
financial commitment, as required under this subsection. In rating the projects, the Secretary shall
provide, in addition to the overall project rating, individual ratings for each of the criteria
established under the regulations issued under paragraph (6).
“(g) Letters of intent and full funding grant agreements.–
“(1) Letter of intent.–
“(A) In general.–The Secretary may issue a letter of intent to an applicant announcing an intention
to obligate, for a project under this section [this note], an amount from future available budget
authority specified in law that is not more than the amount stipulated as the financial
participation of the Secretary in the project.
“(B) Notification.–At least 60 days before issuing a letter under subparagraph (A) or entering into
a full Banding grant agreement, the Secretary shall notify in writing the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate of the proposed letter or agreement. The Secretary shall include with
the notification a copy of the proposed letter or agreement as well as the evaluations and ratings
for the project.
“(C) Not an obligation.–The issuance of a letter is deemed not to be an obligation under. sections
1108(c), 1108(d), 1501, and 1502(a) of title 31. United States Code, or an administrative
commitment.
“(1)) Obligation or commitment.–An obligation or administrative commitment may be made only when

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23 U.SC.A. § 101
contract authority is allocated to a project
“(2) Full funding grant agreement–
“(A) In generaLA project financed under this subsection shall be carried out through a full funding
grant agreement. The Secretary shall enter into a full funding grant agreement based on the
evaluations and ratings required under subsection (f)(7) [of this note].
“(B) Terms.–If the Secretary makes a full funding grant agreement with an applicant, the agreement
shall–
“(i) establish the terms of participation by the United States Government in a project under this
section [this note];
“(ii) establish the maximum amount of Government financial assistance for the project;
“(ill) cover the period of time for completing the project, including a period extending beyond the
period of an authorization; and
“(iv) make timely and efficient management of the project easier according to the laws of the United
States.
“(C) Agreement.–An agreement under this paragraph obligates an amount of available budget authority
specified in law and may include a commitment, contingent on amounts to be specified in law in
advance for commitments under this paragraph, to obligate an additional amount from future available
budget authority specified in law. The agreement shall state that the contingent commitment is not
an obligation of the Government. Interest and other financing costs of efficiently carrying out a
part of the project within a reasonable time are a cost of carrying out the project under a full
funding grant agreement, except that eligible costs may not be more than the cost of the most
favorable financing terms reasonably available for the project at the time of borrowing. The
applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable financing terms.
“(3) Amounts.–The total estimated amount of future obligations of the Government and contingent
commitments to incur obligations covered by all outstanding letters of intent and full funding grant
agreements may be not more

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23 U.S.C.A. § 101
than the greater of the amount authorized to carry out this section [this note] or an amount
equivalent to the last fiscal years of funding authorized to carry out this section [this note] less
an amount the Secretary reasonabl: estimates is necessary for grants under this section not covered
by a letter. The total amount covered by nev letters and contingent commitments included in full
funding grant agreements may be not more than a limitatioi specified in law.
“(h) Grant requirements.–
“(1) In general.–A grant for a project under this section [this note] shall be subject to all of
the requirements of
title 23, United States Code.
“(2) Other terms and conditions.–The Secretary shall require that all grants under this section
[this note] be subject to all terms, conditions, and requirements that the Secretary decides are
necessary or appropriate for purposes of this section [this note], including requirements for the
disposition of net increases in value of real property resulting from the project assisted under
this section [this note].
“(i) Government’s share of project cost.–Based on engineering studies, studies of economic
feasibility, and information on the expected use of equipment or facilities, the Secretary shall
estimate the cost of a project receiving assistance under this section [this note]. A grant for the
project is for 80 percent of the project cost, unless the grant recipient requests a lower grant
percentage. A refund or reduction of the remainder may be made only if a refund of a proportional
amount of the grant of the Government is made at the same time.
“(j) Fiscal capacity considerations.–If the Secretary gives priority consideration to fmancing
projects that include more than the non-Government share required under subsection (i) [of this
note] the Secretary shall give equal
consideration to differences in the fiscal capacity of State and local governments.
“(k) Reports.–
“(1) Annual report.Not later than the first Monday in February of each year, the Secretary shall
submit to the
Committee on Transportation and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that includes a proposal on the allocation of
amounts to be

Page 45
23 U.S.C.A. 101
made available to finance grants under this section [this note].
“(2) Recommendations on funding.–The annual report under this paragraph shall include evaluations
and ratings, as required under subsection (f) [of this note]. The report shall also include
recommendations of projects for funding based on the evaluations and ratings and on existing
commitments and anticipated funding levels for the next 3 fiscal years and for the next 10 fiscal
years based on information currently available to the Secretary.
“(1) Applicability of title 23.–Funds made available to carry out this section shall be available
for obligation in the
same manner as if such funds were apportioned under chapter 1 of title 23, United States Code [this
chapter]; except that 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 as provided in this section [this note]
“(m) Designated projects.–Notwithstanding any other provision of this section [this note], the
Secretary shall allocate for each of fiscal years 2005, 2006, 2007, 2008, and 2009, from funds made
available to carry out this section, 10 percent, 20 percent, 25 percent, 25 percent, and 20 percent
respectively, of the following amounts for grants to carry out the following projects under this
section [this note]:
[Table of ‘State, Project Description, and Amount’ omitted.]”
National Corridor Infrastructure Improvement Program
Publ.,. 109-59, Title I, 4 1302. Aug. 10, 2005, 119 Stat. 1204, provided that:
“(a) In general.–The Secretary shall establish and implement a program to make allocations to
States for highway
construction projects in corridors of national significance to promote economic growth and
international or interregional trade pursuant to the selection factors provided in this section
[this note]. A State must submit an application to the Secretary in order to receive an allocation
under this section [this note].
“(b) Selection process.–
“(1) Priority.–In the selection process under this section [this note], the Secretary shall give
priority to projects in

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23 U.S.CA. § 101
corridors that are a part of, or will be designated as part of, the Dwight D. Eisenhower National
System of Interstate and Defense Highways after completion of the work described in the application
received by the Secretary and to any project that will be completed within 5 years of the date of
the allocation of funds for the project.
“(2) Selection factors.–In making allocations under this section [this note], the Secretary shall
consider the following factors:
“(A) The extent to which the corridor provides a link between two existing segments of the
Interstate System.
“(B) The extent to which the project will facilitate major multistate or regional mobility and
economic growth and development in areas underserved by existing highway infrastructure.
“(C) The extent to which commercial vehicle traffic in the corridor–
“(i) has increased since the date of enactment [Dec. 8, 1993] of the North American Free Trade
Agreement Implementation Act (16 U.S.C. 4401 et seq. [sic; probably should be 16 U.S.C.A. § 3301 et
seq.]); and
“(ii) is projected to increase in the future.
“(D) The extent to which international truck-borne commodities move through the corridor.
“(E) The extent to which the project will make improvements to an existing segment of the Interstate
System
that will result in a decrease in congestion.
“(F) The reduction in commercial and other travel time through a major freight corridor expected as
a result of the project.
“(G) The value of the cargo carried by commercial vehicle traffic in the corridor and the economic
costs arising
from congestion in the corridor.
“(II) The extent of leveraging of Federal funds provided to carry out this section [this note],
including–

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23 U.S.C.A. 101
“(i) use of innovative financing;
“(ii) combination with fl.mding provided under other sections of this Act [the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users or SAFETEA-LTJ, Pub.L. 109-59,
Aug. 10, 2005, 119 Stat. 1144; see Tables for classification] and title 23, United States Code; and
“(lii) combination with other sources of Federal, State, local, or private funding.
“(c) Applicability of title 23..–Funds made available by section 1 101(a)(10) of this Act [ub.L.
109-59, Title I, 1 101(a)(l0), Aug. 10, 2005 119 Stat. 1154, which is not classified to the Code] to
carry out this section [this note] shall be available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23, United States Code [this chapter]; except that
such funds shall remain available until expended, and the Federal share of the cost of a project
under this section [this note] shall be determined in accordance with section 120 of such title [23
U.S.C.A. 1201.
“(d) State defined.–In this section, the term ‘State’ has the meaning such term has in section 101
(a) of title 23, United States Code [subsec. (a) of this section].
“(e) Designated projects.The Secretary shall allocate for each of fiscal years 2005, 2006, 2007,
2008, and 2009, from funds made available to carry out this section [this note], 10 percent, 20
percent, 25 percent, 25 percent, and 20 percent respectively, of the following amounts for grants to
carry out the following projects under this section [this note]:
[Table of ‘State, Project Description, and Amount’ omitted.]”
Coordinated Border hifrastmcture Program
Pub.L. 109-59, Title L 4 1303, Aug. 10, 2005, 119 Stat. 1207, provided that:
“(a) General authority.–The Secretary shall implement a coordinated border infrastructure program
under which the Secretary shall distribu flmds to border States to improve the safe movement of
motor vehicles at or across the border between the United States and Canada and the border between
the United States and Mexico

Page 48
23 U.S.C.A. 101
“(b) Eligible uses.–Subject to subsection (d) [of this note], a State may use funds apportioned
under this section [this note] only for–
“(1) improvements in a border region to existing transportation and supporting infrastructure that
facilitate cross- border motor vehicle and cargo movements;
“(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 expedite cross border motor vehicle and cargo
movement;
“(4) modifications to regulatory procedures to expedite 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 border motor vehicle and cargo movements.
“(c) Apportionment of funds.–On October 1 of each fiscal year, the Secretary shall apportion among
border States sums authorized to be appropriated to carry out this section [this note] 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 determined 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

Page 49
23 U.S.C.A. § 101
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 border States, as determined by the Secretary.
“(3) 25 percent in the ratio that–
“(A) the total weight of incoming cargo by commercial 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 commercial 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
directly 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 [this note] 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 facility to be constructed, provides assurances
satisfactory to the Secretary that any facility 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
Secretary is
allocating such funds to the project.

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23 U.S.C.A. 101
“(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
section [this note] may be transferred to the General Services Administration for the purpose of
funding one or more projects described in subsection (b) [of this note] if–
“(A) the Secretary determines, 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 [this note].
“(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 subparagraph (A)–
“(1) shall not be considered to be an augmentation 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 General
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 [this chapter].
“(3) Obligation authority.Obligation authority shall be transferred to the General Services
Administration for a

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23 U.S.C.A. 101
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 [this
note] for such fiscal year; or
“(B) $5,000,000.
“(f) Applicability of title 23.–Funds made available to carry out this section [this note] shall be
available for obligation in the same manner as if such funds were apportioned under chapter 1 of
title 23, United States Code [this chapter]; except that, subject to subsection (e) [of this note],
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 [this note] shall be determined in accordance with
section 120 of such title [23 U.S.C.A. § 120].
“(g) Definitions.–In this section [this note], the following definitions 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 Mexico.
“(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 [subsec. (a) of this section].
“(5) State.–The term ‘State’ has the meaning such term has in section 101(a) of such title 23
[subsec. (a) of this section].”

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23 U.S.C.A. § 101
Section 1119 of Pub.L. 105-178 provided that:
“(a) General authority.–The Secretary shall establish and implement a coordinated border
infrastructure program under which the Secretary may make allocations to border States and
metropolitan planning organizations for areas within the boundaries of 1 or more border States for
projects to improve the safe movement of people and goods at or across the border between the United
States and Canada and the border between the United States and Mexico.
“(b) Eligible uses.–Allocations to States and metropolitan planning organizations under this
section [this note] 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 improvements relating to electronic data interchange and
use of
telecommunications, to expedite cross border vehicle and cargo movement;
“(4) modifications to regulatory procedures to expedite cross border vehicle and cargo movements;
“(5) international coordination of planning, programming, 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 [this note] 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;

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23 U.S.C.A. § 101
“(3) strategies to increase the use of existing, underutilized border crossing facilities and
approaches;
“(4) leveraging of Federal funds provided under this section, including use of innovative financing,
combination of such funds with funding provided under other sections of this Act [Pub.L. 105-178,
June 9, 1998, 112 Stat. 107, see Tables for classification], and combination with other sources of
Federal, State, local, or private flmding;
“(5) degree of multinational involvement in the project and demonstrated coordination with other
Federal agencies responsible for the inspection of vehicles, cargo, and persons crossing
international borders and their counterpart agencies in Canada and Mexico;
“(6) improvements in vehicle and highway safety and cargo security in and through the gateway or
affected 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
affected port of entry planning processes and improvement programs; and
“(10) such other factors as the Secretary determines are appropriate to promote border
transportation efficiency and safety.
“(d) Construction of transportation infrastructure for law enforcement purposes.–At the request of
the Administrator of General Services, in consultation 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 [section 1101 of PubL. 105-178, June 9, 1998, 112 Stat. 111,
classified in part as a note under this section] to carry out this section [this note] and section
1118 [section 1118 of Pub.L. 105-178, June 9, 1998, 112 Stat. 161, set out as a note under this
section] to the Administrator of General Services for the construction of transportation
infrastructure necessary for law enforcement in border States.

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23 U.S.C.A. § 101
“(e) Dermitions.–In this section [this note], the following definitions 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
Canada or Mexico.”
Delta Region Transportation Development Program
Pub.L. 109-59, Title I, 4 1308, Aug. 10, 2005, 119 Stat. 1218, provided that:
“(a) In general.–The Secretary shall carry out a program in the 8 States comprising the Delta
Region (Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee) to–
“(1) support and encourage multistate transportation planning and corridor development;
“(2) provide for transportation project development;
“(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 shall make allocations under the program for multistate
highway planning,
development, and construction projects.
“(d) Other provisions regarding eligib’ffity.–All activities funded under this program shall be
consistent with the continuing, cooperative, and comprehensive planning processes required by
sections 134 and 135 of title 23, United States Code.
“(e) Selection criteria.–The Secretary shall select projects to be carried out under the program
based one

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23 U.S.C.A. § 101
“(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 department of transportation; and
“(3) evidence of the ability of the recipient of funds provided under the program to complete the
project.
“(0 Program priorities.–In administering the program, the Secretary shall–
“(1) encourage State and local officials to work together to develop plans for multimodal and
multijurisdictional
transportation decisionmaking; and
“(2) Give priority to projects that emphasize multimodal planning, including planning for
operational
improvements that–
“(A) increase the mobility of people and goods;
“(B) improve the safety of the transportation system 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 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 appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section [this note] $10,000,000 for each of fiscal years
2006 through 2009.

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23 U.S.C.A. § 101
“(2) Contract authority.–Funds made available to carry out this section [this note] shall be
available for obligation in the same manner as if such funds were apportioned under chapter 1 of
title 23, United States Code [this chapter]; except that such funds shall not be transferable and
shall remain available until expended.”
Motorcyclist Advisory Council
Pub.L. 109-59, Title I, 1914, Aug. 10, 2005, 119 Stat. 1478, provided that:
“(a) In general.–The Secretary, acting through the Administrator of the Federal Highway
Administration, in consultation with the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment 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) bather design;
“(2) road design, construction, and maintenance practices; and
“(3) the architecture and implementation of intelligent transportation system technologies.
“(b) Composition.–The Council shall consist of not more than 10 members of the motorcycling
community with professional expertise in national motorcyclist safety advocacy, including–
“(1) At least–
“(A) one member recommended by a national motorcyclist association;
“(B) one member recommended by a national motorcycle riders foundation;
“(C) one representative of the National Association of State Motorcycle Safety Administrators;
“(D) two members of State motorcyclists’ organizations;
“(E) one member recommended by a national organization that represents the builders of highway
infrastructure;

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23 U.S.C.A. § 101
“(F) one member recommended by a national association that represents the traffic safety systems
industry; and
“(G) one member of a national safety organization; and
“(2) at least one, and not more than two, motorcyclists who are traffic system design engineers or
State transportation department officials.”
Treatment of Funds
Pub.L. 109-14. 4 7(s), May 31, 2005, 119 Stat. 334, provided that: “Amounts made available under the
amendments made by this section [Surface Transportation Extension Act of 2005, Pub.L. 109-14, 4 7,
May 31, 2005, 119 Stat. 330, which amended 49 U.S.CA. § 4 5307, 5309, and 5338, and amended
provisions set out as notes under 23 U.S.C.A. § 322 and 49 U.S.C.A. 4 § 5309, 5310, and 5338] shall
be treated for purposes of section 1101(b) of the Transportation Equity Act for the 21st Century (23
U.S.C. 101 note) as amounts made available for programs under title III of such Act fPub.L. 105-178,
Title III, § 3001 et seq., June 9, 1998, 112 Stat. 338, known as the Federal Transit Act of 1998;
see Tables for classification].”
Pub.L. 108-310, § 8(t), Sept. 30, 2004, 118 Stat. 1158, provided that: “Amounts made available
under the amendments made by this section [amending 49 U.S.C.A. § 5307, 5309, and 5338, enacting
provisions set out as a note under 49 U.S.C.A. 4 5337, and amending provision set out as notes under
23 U.S.C.A. 4 322, and 49 U.S.C.A. 4 4 5307, 5309, 5310 and 5338] shall be treated for purposes of
section 1101(b) of the Transportation Equity Act for the 21st Century (23 U.S.C. 101 note) as
amounts made available for programs under title III of such Act [Pub.L. 105-178, Title III, § 3001
et seq., June 9, 1998, 112 Stat. 338, known as the Federal Transit Act of 1998; see Tables for
complete classification].”
Pub.L. 108-88, § 8(t), Sept. 30, 2003, 117 Stat. 1126, as amended 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, provided that:

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23 U.S.C.A. § 101
“(1) In general.–Amounts made available under the amendments made by this section [amending 49
U.S.C.A. § 5307, 5309, 5337, 5338, enacting provisions set out as notes under 49 U.S.C.A. § 5337,
amending provisions set out as notes under 23 U.S.C.A. § 322 and 49 U.S.C.A. § § 5309, 5310, 5338],
by section 9 of the Surface Transportation Extension Act of 2004 [Pub.L. 108-202, § 9, Feb. 29,
2004, 118 Stat. 478; see Tables for complete classification]¾ [sic] by section 7 of the Surface
Transportation Extension Act of 2004, Part II [Pub .L. 108-224, § 7, Apr. 30, 2004, 118 Stat. 637;
see Tables for complete classification] [sic; probably should be a comma] by section 7 of the
Surface Transportation Extension Act of 2004, Part III [Pub.L. 108-263, § 7, June 30, 2004, 118
Stat. 698; see Tables for complete classification], and by section 7 of the Surface Transportation
Extension Act of 2004, Part IV [Pub.L. 108-280, 7, July 15, 2004, 118 Stat. 882, which amended this
note; see Tables for complete
classification] shall be treated for purposes of section 1101(b) of the Transportation Equity Act
for the 21st Century
(23 U.S.C. 101 note) as amounts made available for programs under title III of such Act [Pub.L. 105
-178, Title III,
June 9, 1998, 112 Stat. 338, known as the Federal Transit Act of 1998, sections 3037 and 3038 of
which are set out
as notes under 49 U.S.C.A. § 5309 and 5310, respectively; see Tables for complete classification].
“(2) Transfers.–Funds authorized by or made available under this section shall be transferred in
accordance with the Consolidated Appropriations Act, 2004 [Publ. 108-199, Jan. 23, 2004, 118 Stat.
3; see Tables for complete
classification].”
Definitions
Section 2 of Pub.L. 105-178 provided that: “In this Act [Transportation Equity Act for the 21st
Century, Pub.L.
105-178, June 9, 1998, 112 Stat. 107, for complete classification of which to the Code, see Short
Title note set out
under this section and Tables], the following definitions apply:
“(1) Interstate System.–The term ‘Interstate System’ has the meaning such term has under section
101 of title 23, United States Code [this section].
“(2) Secretary.–The term ‘Secretary’ means the Secretary of Transportation.”
Disadvantaged Business Enterprises

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23 U.S.C.A. § 101
Pub.L. 109-59, Title I, §, 1101(b), Aug. 10, 2005, 119 Stat. 1156, provided that:
“(1) Definitions.–In this subsection [Pub.L. 109-59, Title I. § 1101(b), Aug. 10, 2005, 119 Stat
1156, which enacted this note], the following definitions apply:
“(A) Small business concern.–The term ‘small business concern’ has the meaning that term has under
section 3 of the Small Business Act (15 U.S.C. 632), except that the term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $19,570, 000, as adjusted annually by
the Secretary for inflation.
“(B) Socially and economically disadvantaged individuals.–The term ‘socially and economically
disadvantaged individuals’ has the meaning that term has under section 8(d) of the Small Business
Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except
that women shall be presumed to be socially and economically disadvantaged individuals for purposes
of this subsection [this note].
“(2) General rule.–Except to the extent that the Secretary determines otherwise, not less than 10
percent of the amounts made available for any program under titles I, ILI, and V of this Act [the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or SAFETEA-LU,
Pub.L. 109-59, Titles I [§ 1101 et seq.], ifi [§ 3001 et seq.], and V [§ 5101 et seq.], Aug. 10,
2005, 119 Stat. 1153, 1544, 1779; see Tables for complete classification] and section 403 of title
23, United States Code [23 U.S.C.A. § 403], shall be expended through small business concerns owned
and controlled by socially and economically disadvantaged individuals.
“(3) Annual listing of disadvantaged business enterprises.–Each State shall annually–
“(A) survey and compile a list of the small business concerns referred to in paragraph (1) and the
location of the
concerns in the State; and
“(B) notify the Secretary, in writing, of the percentage of the concerns that are controlled by
women, by socially
and economically disadvantaged individuals (other than women), and by individuals who are women and
are

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23 U.S.C.A. 101
otherwise socially and economically disadvantaged individuals.
“(4) Uniform certification.–The Secretary shall establish minimum uniform criteria for State
governments to use in certifying whether a concern qualifies for purposes of this subsection [this
note]. The minimum uniform criteria shall include, but not be limited to, on-site visits, personal
interviews, licenses, analysis of stock ownership, listing of equipment analysis of bonding
capacity, listing of work completed resume of principal owners financial capacity, and type of work
preferred.
fl(5) Compliance with court orders.–Nothing in this subsection [this note] limits the eligibility
of an entity or person to receive funds made available under titles 1, III, and V of this Act [the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or SAFETEA-LU,
Pub.L. 109-59, Titles I [ 1101 et seq.], Ill [ 3001 et seq.], and V [ 5101 et seq.], Aug. 10, 2005,
119 Stat. 1153, 1544, 1779; see Tables for complete classification] and section 403 of title 23.
United States Code [23 U.S.C.A. 4031, if the entity or person is prevented, in whole or in part,
from complying with paragraph (1) because a Federal court issues a final order in which the court
finds that the requirement of paragraph (1), or the program established under paragraph (1), is
unconstitutional.”
Similar provisions were contained in the following prior Acts:
Pub.L. 105-178, Title I, § 1101(b), June 9, 1998, 112 Stat. 113.
Pub.L. 102-240, Title I, § 1003ThLDec. 18, 1991, 105 Stat. 1919.
Pub.L. 100-17, Title I, § 106(c), Apr. 2, 1987, 101 Stat. 145.
[Any reference in any provision of law enacted before Jan. 4, 1995, to the Committee on Public Works
and Transportation of the House of Representatives treated as referring to the Committee on
Transportation and Infrastructure of the House of Representatives, see section 1(a)(9) of Pub.L.
104-14, set out as a note preceding section 21 of Title 2, The Congress.]
State Defined

Page 61
23 U.S.CA. § 101
Section 1103(n) of Pub.L. 105-178, as amended Pub.L. 105-206, Title IX, § 9002(c)(2), July 22, 1998,
112 Stat. 835, provided that: “For the purposes of apportioning funds under sections 104, 105, 144,
and 206 of title 23, United States Code [sections 104, 105, 144, and 206 of this title], the term
‘State’ means any of the 50 States and the District of Columbia.”
National Corridor Planning and Development Program
Section 1118 of Pub.L. 105-178 provided that:
“(a) In general.–The Secretary shall establish and implement a program to make allocations to
States and metropolitan planning organizations for coordinated plaxming, design, and construction of
corridors of national significance, economic growth, and international or interregional trade. A
State or metropolitan 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
Efficiency Act of 1991 [Pub.L. 102-240, Title I, § 1105(c), 105 Stat. 2032, which was not
classified to the Code]; 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 consideration of
“(A) the extent to which the annual volume of commercial vehicle traffic at the border stations or
ports of entry of each State–
“(1) has increased since the date of enactment of the North American Free Trade Agreement
Implementation
Act (Public Law 103-182) [Dec. 8, 1993]; and
“(ii) is projected to increase in the future;
“(B) the extent to which commercial vehicle traffic in each State–

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23 U.S.C.A. § 101
“(i) has increased since the date of enactment of the North American Free Trade Agreement
Implementation Act (Public Law 103-182) [Dec. 8, 1993]; 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 travel 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 provided under this subsection, including– 11(i) use
of innovative financing;
“(li) combination with funding provided under other sections of this Act [the Transportation Equity
Act for the 21st Century, Pub.L. 105-178, July 9, 1998, 112 Stat. 107, for classification of which
to the Code, see Short Title of 1998 Amendments note under this section and Tables] and title 23,
United States Code [this title]; and
“(ffl) combination with other sources of Federal, 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
development 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.

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23 U.S.C.A. § 101
“(3) Location and routing studies.
“(4) Multistate and intrastate coordination for corridors described in subsection (b) [of this
note].
“(5) After review by the Secretary of a development and management plan for the corridor or a usable
component thereof under subsection (b) [of this note]–
“(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 develop, and submit to the Secretary for review, a
development and management plan for the corridor or a usable component thereof with respect to which
the allocation is being made. Such plan shall include, at a minimum, the following elements:
“(1) A complete and comprehensive analysis of corridor 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 segments.
“(3) A finance plan, including any innovative financing methods and, if the corridor is a multistate
corridor, a
State-by-State breakdown of corridor finances.
“(4) The results of any environmental reviews and mitigation plans.
“(5) The identification of any impediments to the development and construction of the corridor,
including any
environmental, social, political and economic objections.
In the case of a multistate corridor, the Secretary shall encourage all States having jurisdiction
over any portion of such corridor to participate in the development of such plan.
“(e) Applicability of Title 23.–Funds made available by section 1101 of this Act [Pub.L. 105-178,
Title I, § 1101,
June 9, 1998, 112 Stat. 111, classified in part as a note under this section] to carry out this
section and section 1119

Page 64
23 U.S.C.A. § 101
[section 1119 of Pub.L. 105-178, set out as a note under this section] shall be available for
obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United
States Code [section 101 et seq. of this title].
“(f) Coordination of planning.–Planning with respect to a corridor under this section [this note]
shall be coordinated 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 [this note], the term ‘State’ has the meaning such term has
under section 101 of
title 23, United States Code [this section].”
Highway Economic Requirement System
Section 1213(a) of Pub.L. 105-178 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 Transportation to determine highway needs using the highway economic
requirement
system (in this subsection referred to as the ‘model’).
“(B) Required element.–The evaluation shall include an assessment of the extent to which the model
estimates an optima/ level of highway infrastructure investment, including an assessment as to when
the model may be overestimating or underestimating investment 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 transportation 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

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23 U.S.C.A. 101
to provide States with useful information for developing State transportation investment 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 [June 9, 19981, to the Federal Highway Administration through the
highway performance 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 [June 9,
1998], the Comptroller General shall submit to Congress a report on the results of the study.”
Southwest Border Transportation Infrastructure
Section 1213(d) of Pub.L. 105-178 provided that:
“(1) Assessment.–The Secretary shall conduct a comprehensive assessment of the state of the
transportation infrastructure on the southwest border between the United States and Mexico (in this
subsection referred 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;
“(I)) the Commandant of the Coast Guard;

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23 U.S.C.A. § 101
“(E) the Administrator of General Services;
“(F) the American Commissioner on the International Boundary Commission, United States and Mexico;
“(G) State agencies responsible for transportation and law enforcement in border States; and “(II)
municipal governments and transportation authorities 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 traffic through designated ports of entry on the
border;
“(B) assess the adequacy of transportation infrastructure in the border area, including highways,
bridges, railway
lines, and border inspection facilities;
“(C) assess the adequacy of law enforcement and narcotics abatement activities in the border area,
as the activities relate to commercial and private traffic and infrastructure;
“(D) assess future demands on transportation infrastructure in the border area; and
“(E) make recommendations to facilitate legitimate cross-border traffic in the border area, while
maintaining the
integrity of the border.
“(4) ReportNot 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) to (g), Aug. 10, 2005, 119 Stat. 1177, provided that:
“(a) EstablishmentIn cooperation with appropriate State, tribal, regional, and local governments,
the Secretary
shall establish a comprehensive program to address the relationships among transportation,
community, and system
preservation plans and practices and identify private sector-based initiatives to improve such
relationships.

Page 67
23 U.S.C.A. 101
“(b)Ptirpose.–Through the program under this section, the Secretary 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
development that achieves the purposes identified in paragraphs (1) through (4).
“(e) General authority.–The Secretary shall allocate funds made available to carry out this section
to States,
metropolitan planning organizations, local governments, and tribal governments to carry out eligible
projects to integrate transportation, 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–
“(I) is eligible for assistance under title 23 or chapter 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 determines to be appropriate, including corridor preservation activities that are
necessary to implement
one or more of the following:
“(A) Transit-oriented development plans.
“(B) Traffic calming measures.
“(C) Other coordinated transportation, community, and system preservation practices.
“(e) Criteria.–In allocating funds made available to carry out this section [this note], the
Secretary shall give

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23 U.S.C.A. 101
priority consideration to applicants that–
“(I) Have instituted preservation or development plans and programs that–
are coordinated with State and local preservation or development plans, including transit-oriented
development plans,
W(B) promote cost-effective and strategic investments in transportation infrastructure that minimize
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 metropolitan expansion;
“(C) ‘green corridors’ programs that provide access to major highway corridors for areas targeted
for efficient and compact development; or
“(D) other similar programs or policies as determined by the Secretary;
11(3) have preservation or development policies that include a mechanism for reducing potential
impacts of transportation activities on the environment;
11(4) demonstrate a commitment to public and private involvement, including the involvement of
nontraditional partners in the project team; and
“(5) examine ways to encourage private sector investments that address the purposes of this section.
“(1) Equitable distribution.–In allocating funds to carry out this section [this note], the
Secretary shall ensure the equitable distribution of funds to a diversity of populations and
geographic regions.

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23 U.S.C.A. 101
“(g)
“(1)lit general.–There is authorized to be appropriated from the Highway Trust Fund (other than the
Mass Trantit Account) to carry out this section [this note] $25,000,000 for fiscal year 2005 and
$61,250,000 for each of fiscalyears 2006 through 2009.
“(2) Contract authority.–Funds made available to carry out this section [this note] shall be
available for oblization in the same manner as if the funds were apportioned under chapter 1 of
title 23, United States Code
[this chapter]; 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 accordance with section 120(b) of title 23,
United States Code
[23 1T.S.C.A. § 120(b)].”
Pub.L.105-178, Title I, § 1221, June 9, 1998, 112 Stat. 221, as amended Pub.L. 108-88, § 5(a)(9),
Sept. 30, 2003,
117 SW. 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 Silt. 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 Stit. 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 Std. 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. 31; Pub.L. 109-37, § 4(a)(9), July 22, 2005, 119 Stat. 396; Pub.L. 109-40,
§ 4(a)(9), July 28, 2005, 119
Stat. 42, which established a pilot program to investigate and address the relationships between
transportation and
commlnity and system preservation, was repealed by Pub.L. 109-59, Title I, § 1117(h), Aug. 10, 2005,
119 Stat.
1179.
Transprtation Assistance for Olympic Cities
Sectioa 1223 of Pub.L. 105-178, as amended Pub.L. 105-206, Title IX, § 9003(0, July 22, 1998, 112
Stat. 842, providsd that:
“(a) hrpose.–The purpose of this section [this note] is to authorize the provision of assistance
for, and support of,
State and local efforts concerning surface transportation issues necessary to obtain the national
recognition and

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23 U.S.C.A. 101
economic benefits of participation in the International Olympic movement, the International
Paralympic movement, and the Special Olympics International movement by hosting international
quadrennial Olympic and Paralympic events, and Special Olympics International events, in the United
States.
(b) Priortty for transportation projects relating to Olympic, Paralympic, and Special Olympic
events.–
Notwithstanding any other provision of law, from funds available to carry out sections 118(c) and
144(g)(1) of title 23, United States Code [sections 118(c) and 144(g)(1) of this title], the
Secretary may give priority to funding for a
transportation project relating to an international quadrennial Olympic or Paralympic event, or a
Special Olympics International event, if–
“(1) the project meets the extraordinary needs associated with an international quadrennial Olympic
or
Paralyrapic event or a Special Olympics International event; and
“(2) de project is otherwise eligible for assistance under sections 118(c) and 144(g)(1) of such
title [sections
118(c)and 144(g)(1) of this title].
“(c) Transportation planning activities.–The Secretary may participate in–
“(1) pkuming activities of States and metropolitan planning organizations and transportation
projects relating to an international quadrennial Olympic or Paralympic event, or a Special Olympics
International event, under
sections 134 and 135 of title 23, United States Code [sections 134 and 135 of this title]; and
“(2) developing intermodal transportation plans necessary for the projects in coordination with
State and local
transportation agencies.
“(d) Funding.–Notwithstanding section 5001(a) [section 5001(a) of Pub.L. 105-178, June 9, 1998, 112
Stat. 419,
which was not classified to the Code], from funds made available under such section, the Secretary
may provide assistance for the development of an Olympic, a Paralympic, and a Special Olympics
transportation management plan in cooperation with an Olympic Organizing Committee responsible for
hosting, and State and local communities affected by, an international quadrennial Olympic or
Paralympic event or a Special Olympics
InternatiOnal event.

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23 U.S.C.A. 101
“(e) Transportation projects relating to Olympic, Paralympic, and Special Olympic events.–
“(1) In general.–The Secretary may provide assistance, including planning, capital, and operating
assistance, to States and local governments in carrying 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.
“(t) Eligible governments.–A State or local government 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 [this note] such sums as
are necessary for each of fiscal years 1998 through 2003.”
Discretionary Grant Selection Criteria and Process
Section 1311 of Pub.L. 105-178, as added 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 (relating to
infrastructure investment).
“(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 [the Transportation Equity Act for the 21st
Century, Pub.L. 105- 178, see Tables for classification] (including the amendments made by this
Act), the Secretary shall publish the criteria established

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23 U.S.C.A. § 101
under subsection (a) [of this note]. 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
Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a list of the projects selected 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 subsection (a) [of this note].
“(c) Minimum covered programs.–At a minimum, the criteria established under subsection (a) [of this
note] and the selectionprocess established by subsection (b) [of this note] shall apply to the
following programs:
“(1) The intelligent transportation system deployment program under title V [Title V (sections 5001
to 5213) of Pub.L. 105-178, see Tables for classification].
“(2) The national corridor planning and development program.
“(3) The coordinated border infrastructure and safety program.
“(4) The construction of ferry boats and ferry terminal facilities.
“(5) The national scenic byways program.
“(6) The Interstate discretionary program.
“(7) The discretionary bridge program.”
Buy America
Pub.L. 97-424, Title I, 165, Jan. 6, 1983, 96 Stat. 2136, as amended 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 1048, Title III, 3003(b), Dec. 18, 1991, 105 Stat. 1999, 2088;
Pub.L. 103-272, § 4(r), July 5, 1994, 108 Stat.

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23 U.S.C.A. 101
1371 Pub .L. 103-429 7(a)(3)(E) Oct 31 1994, 108 Stat 4389 was repealed by Pub .L. 109-59, Title
I
1903(d) Aug 10 2005, 119 Stat 1465 and its text reenacted as 23 U SC A 313 by Pub .L. 109-59 Title
1903(a), Aug. 10, 2005, 119 Stat. 1465.
IPub.L. 103429, 4 7(a). Oct. 31, 1994, 108 Stat. 4388, provided in part that amendment of Pub.L.
103-272, 4(rXl), July 5, 1994, 108 Stat. 1371, to Pub.L. 97-424, 165, formerly set out as this note,
by section 7(a) of Pub.L. 103-429, is effective July 5, 1994.]
[Pub.L. 100-17. Title III. 337(a)(1)(A), Apr. 2, 1987, 101 Stat. 241, provided in part that the
amendment by that section to Pub.L. 97-424. 165. formerly set out as this note, substituting ’55’
for ’50’ is effective Oct. 1, 1989.]
IPub.L. 100-17. Title III. 337(a)(1)(B), Apr. 2, 1987, 101 Stat. 241, provided in part that the
amendment by that section to Pub.L. 97-424, 165, formerly set out as this note, striking out ’55”
and inserting ’60’ was effective October 1, 1991.]
[Pub.L. 100-17, Title III, 337(a)(2), Apr. 2, 1987, 101 Stat. 241, provided that:
[“(A) Except as provided in subparagraph (B), the amendments made by subparagraphs (A) and (B) of
paragraph (1) [substituting ’55’ for ’50’ and ’60’ for ’55’, respectively, in Pub.L. 97-424, § 165,
formerly set out as this note,] shall apply only to contracts entered into on or after their
respective effective dates.
[“(B) The amendments made by paragraph (1) shall not apply with respect to any supplier or
contractor or any successor in interest or assignee which qualified under the provisions of section
165(b)(3) of the Surface Transportation Assistance Act of 1982 [section 165(b)(3) of Pub.L. 97-424,
formerly set out as a note above] prior to the date of enactment of this Act [Apr. 2, 1987] under a
contract entered into prior to April 1, 1992.”]
[Pub.L. 100-17, Title III, k_-337(d)-Apr. 2, 1987, 101 Stat. 241, provided that: “The amendments
made by subsections (b) and (c) of this section [to Pub.L. 97-424. § 165, formerly set out as this
note] shall not apply to any contract awarded pursuant to bids which were outstanding on the date of
enactment of this Act [Apr. 2, 1987].”]
Carpool Demonstration Projects in Urban Areas; Appropriations Authorization

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23 U.S.C.A. 101
Section 120(b) of Pub .L. 93-643, relating to grants for demonstration projects designed to
encourage the use of
carpools in urban areas, was repealed by Pub.L. 95-599, Title I, § 126(b), Nov. 6, 1978, 92 Stat.
2706. See section 146 of this title.
Change in Location of Interstate Segments
Section 139 of Pub.L. 97-424, as amended 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 Federal-Aid Highway Act of 1956, set out as a
note under this section] the Secretary of Transportation may approve 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 section 103(e) of title 23, United States Code [section
103(e) of this title]; (2) it it serving Interstate travel as of the date of enactment of this
section [Jan. 6, 1983]; (3) it requires improvements which are eligible under the Federal-Aid
Highway Act of 1981 [*See Short Title of 1981 Amendments note set out under this section], 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
under this section], 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 section 104(b)(5)(A) of title 23, United States Code
[section 104(b)(5)(A) of this title], which were expended on the route or segment 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 section 104(b)(5)(A) of title 23, United States Code [section 104
(b)(5)(A) of this title], and other eligible Federal-aid highway funds may be substituted in

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23 U.S.C.A. 101
lieu thereof at the appropriate Federal 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 section 103(e)(4) of title 23, United States Code [section 103
(e)(4) of this title], 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 [section 107(d), (e) of Pub.L. 95-599, set out as a note 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 section or of any other provision of law, any
project involving the
relocation of any Interstate route or segment that is approved by the Secretary of Transportation
under subsection (a)
shall be eligible for discretionary funds made available under section 118(b)(2)(B) of title 23,
United States Code
[section 118(b)(2)(B) of this title].”
Commemoration of Dwight D. Eisenhower National 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. Eisenhower National 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.”
[For termination of reporting provisions of Pub.L. 102-240. § 6012(b), set out above, effective May
15, 2000, see
Pub.L. 104-66, § 3003, as amended, set out as a note under 31 U.S.C.A. § 1113, and page 137 of House
Document
No. 103-7.]
Compliance With Buy American Act
Section 359(c) of Pub.L. 104-59 provided that:

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23 U.S.C.A. § 101
“(1) Study.–The Secretary shall conduct a study on compliance with the Buy American Act (41 U.S.C.
10a-10c) with respect to contracts entered into using amounts made available from the Highway Trust
Fund.
“(2) Report.–Not later than 1 year after the date of the enactment of this Act [Nov. 28, 1995], the
Secretary shall transmit to Congress a report on the results of the study.”
Consent of Governing Body for Expenditure of Funds
Section 102(d) of Pub.L. 93-643 provided that: “No funds appropriated under the expanded definition
of this section [subsec. (a) of this section] shall be expended 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.”
Definition of “Secretary”
Section 2 of Pub.L. 100-17 provided that: “As used in this Act [see Short Title of 1987 Amendments
note set out
under this section], the term ‘Secretary’ means the Secretary of Transportation.”
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
Section 128 of Pub.L. 97-424 provided that: “In any case where a project involving a Federal-aid
primary route not on the Interstate System, 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 under this section], and was
subsequently added to the Interstate System both occupying a common alignment and having 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 vicinity 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).”
Emergency Highway Energy Conservation

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23 U.S.C.A. 101
Pub .L. 93-239 1 t 3 Jan. 2, 1974, 87 Stat. 1046, 1047, as amended Pub .L. 93-643 114(c) 120
(a), Jan. 4
1975 88 Stat 2286 2289 Pub .L. 94-280, Title I 143 May 5, 1976 90 Stat 445 Pub .L. 95-599 Title I,
j() 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. 2657.]
“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 Title 49, Appendix, Transportation], relating to emergency locator transmitters.
Future Highway Needs; Reports to Congress
Section 121 of Pub.L. 91-605 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 as a note under this section], specific recommendations for the functional
realignment of the Federal-aid systems. These recommendations shall be based on the functional
classification study made in cooperation with the State highway departments and local governments as
required by the Federal-Aid Highway Act of 1968 [see section 17 of Pub.L. 90-495, set out as a note
under this section] and submitted to the Congress in 1970, and the functional classification study
now underway of the Federal-aid systems in 1990.
“(b) Asa part of the future highway needs report to be submitted to Congress in January 1972, the
Secretary shall also make recommendations to the Congress 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 realignment required by such subsection.
“(c) The recommendations required by subsections (a) and (b) of this section shall be determined on
the basis of

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23 U.S.C.A. § 101
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
cooperative continuing comprehensive transportation planning process conducted in accordance with
section 134 of title 23, United States
Code [section 134 of this title]. The highway needs estimates 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 in January 1972, the
Secretary 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 include 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. See section 307(e) of this title.
Highway Use Tax Evasion Projects
Pub.L. 102-240, Title I, § 1040, Dec. 18, 1991, 105 Stat 1992, as amended Pub.L. 104-59, Title III,
325(f), Nov. 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, which required the Secretary to use
funds out of the Highway Trust Fund (other than the Mass Transit Account) to carry out highway use
tax evasion projects, expand efforts to enhance motor fuel tax enforcement, fund additional Internal
Revenue Service staff but only to carry out such enforcement functions, supplement motor fuel tax
examinations and criminal investigations, develop automated data processing tools to monitor motor
fuel production and sales, evaluate and implement registration and reporting requirements for motor
fuel taxpayers, reimburse State expenses that supplement existing fuel tax compliance efforts, make
grants for motor fuel tax enforcement activities to States that meet set requirements, analyze and
implement programs to reduce tax evasion associated with other highway use taxes, conduct
feasibility studies on the use of dye and markers to aid in motor fuel tax enforcement activities
and other purposes, and transmit annual reports to Congress on motor fuel tax enforcement activities
and the expenditure of funds, was repealed by Pub.L. 105-178, Title I, § 1114(b)(2), June 9, 1998,
112 Stat. 154.

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23 U.S.C.A. § 101
Intercity Portions of Interstate System; Construction of Projects; Report to Congress; Exemption
Section 102(b) of Pub.L. 94-280 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 portions which would close essential gaps in the Interstate System and provide a
continuous System; that the Secretary 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 Secretary of Transportation, be exempt from the
requirement to the
extent of such inability.
Interstate Funding Study; Report and Recommendations to Congress
Section 150 of Pub.L. 94-280 required the 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 submit to Congress within one year his recommendations
regarding the need to provide Federal financial assistance 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
maintained.
Interstate System; Prohibition of Obligation of Funds for Resurfacing, Restoration, or
Rehabilitation Projects
Section 102(c) of Pub.L. 94-280 provided that no part of the funds authorized by section 108(b) of
the Federal-Aid Highway Act of 1956, as amended [set out as a note under this section], for the
Interstate System shall be obligated for any project for resurfacing, restoring, or rehabilitating
any portion of the Interstate System.
National Transportation Policy Study Commission; Establishment; Termination; Etc.
Section 154 of Pub.L. 94-280, as amended Pub.L. 95-599, Title I, § 137(a), (b)(1), Nov. 6, 1978, 92
Stat. 2710, established the National Transportation Policy Study Commission; required the
Commission, not later than July 1, 1979, to make an investigation and study and report to the
President and Congress on the transportation needs and

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23 U.S.C.A. § 101
the resources, requirements, and policies of the United States to meet such expected needs, and
provided for the Commission to terminate six months after the report
Redesignation of National System of Interstate and Defense Highways as Dwight D Eisenhower System of
Interstate and Defense Highways
Pub .L. 101-427 Oct 15, 1990 101 Stat 927 provided “That–
“(a) notwithstanding any other provision of law, The National System of Interstate and Defense
Highways shall be redesignated as ‘The Dwight D. Eisenhower 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,
regulation, 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. Eisenhower System of Interstate and
Defense Highways.”
[The repeal of this note by Pub.L. 107-217. 6(b), Aug. 21, 2002, 116 Stat. 1323, was repealed
and “revived to
read as if section 6(b) had not been enacted” by Pub.L. 108-178, 2(b)(3), Dec. 19, 2003, 117
Stat. 2640.]
[Amendments by Pub.L. 108-178 effective Aug. 21, 2002, see Pub.L. 108- 178, 5, set out as a note
under 5
U.S.C.A. 4 5334.]
Report and Recommendations of Secretary of Commerce
Section 5 of Pub.L. 85-767 directed the Secretary of Commerce to submit to the Congress not later
than February 1, 1959, a report on the progress made in attaining the objectives set forth in this
section, together with recommendations.
Scenic Byways Program
Pub.L. 102-240, Title I. 1047, Dec. 18, 1991, 105 Stat. 1996, as amended Pub.L. 105-130, 5
(c)(2), Dec. 1,
1997, 111 Stat. 2557, provided that:
“(a) Scenic byways advisory committee.–

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23 U.S.C.A. § 101
“(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 [this title].
“(2) Membership.–The advisory committee established under this section shall be composed of 17
members as follows:
“(A) The Administrator of the Federal Highway Administration or the designee of the Administrator
who shall
serve as chairman of the advisory committee.
“(B) The Chief of the Forest Service of the Department 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 Management of the Department of the Interior or the designee
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
represent 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

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23 U.S.C.A. § 101
preservationists on the advisory committee.
“(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
officials.
“(M) 1 individual appointed by the Secretary to represent local highway and transportation
officials.
“(N) 1 individual appointed by the Secretary who is specially qualified to serve on the advisory
committee as a
planner.
“(0) 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
reasonable
expenses incident to functions of the advisory committee.
“(3) Functions.–The advisory committee established under this subsection shall develop and make to
the Secretary recommendations regarding minimum 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
byways program to be established under title 23, United States Code [this title]. Such
recommendations shall include recommendations on the following:
“(A) Consideration of the scenic beauty and historic significance of highways proposed for
designation 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,

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23 U.S.C.A. 101
including strategies for maintaining 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 highway.
“(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
system.
“(D) Standards for maintaining highway safety on the scenic byway system.
“(E) Design review procedures for location of highway facilities, landscaping, and travelers’
facilities 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 committee 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, 19911,
the advisory committee established under this section shall submit to the Secretary and Congress a
report containing the recommendations described in paragraph (3).
“(h) Technical and financial assistance.–The Secretary shall provide technical assistance to the
States (as such term is defined under section 101 of title 23, United States Code [this section])
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 Secretary for carrying out this section (other than
subsection (f)), out

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23 U.S.C.A. § 101
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.
Such sums shall remain available until expended, and $7,000,000 for the period of October 1, 1997,
through March
31, 1998.
“(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 Federal share of the cost
of activities for which the grant is being made.
“(1) 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 carrying 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
scenic, historic,
recreational, cultural, and archeological characteristics of the corridor while providing for
accommodation of
increased tourism and development of related amenities;
“(B) those eligible projects for which a strong local commitment is demonstrated for implementing
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 corridors where the States submit joint applications.
“(3) Eligible projects.The following are projects which are eligible for Federal assistance under
this subsection:

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23 U.S.C.A. § 101
“(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 enhance access to an area for the purpose of recreation,
including water-related recreation_
“(E) Protecting historical and cultural resources in areas adjacent to the highway.
“(F) Developing and providing tourist information to the public, including interpretive information
about the
scenic byway
“(4) Federal share.–The Federal she 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 percent
“(5) Funding.–There shall be availabk to the Secretary 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 advertising sign, display, or device.
“(h) Treatment of scenic highways in Oregon.–For purposes of this section, a highway designated as
a scenic highway in the State of Oregon shall be treated as a scenic byway.”

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23 U.S.C.A. § 101
Secretary Defined
Section 2 of Pub .L. 104-59 provided that “In this Act [see Short Title of 1995 Amendments note set
out under this section], the term ‘Secretary’ means the Secretary of Transportation.”
Section 108(b) of the Federal-Aid Highway Act of 1956
Section 108(b) of Act June 29, 1956, c. 462, Title 1,70 Stat. 378, as amended 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; Publ.,. 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 expediting the construction, reconstruction, or improvement
inclusive of necessary bridges and tunnels, of the Interstate System, including extensions thereof
through urban areas, designated in accordance with the provisions of subsection (e) of section 103
of title 23, United States Code [section 103(e) of this title}, there is hereby authorized 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 for the
fiscal year ending June 30, 1959, the additional sum of $2,500,000,000 for the fiscal year ending
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 ending June 30, 1968, the additional sum of

Page 87
23 U.S.C.A. § 101
$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 ending
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 [section 1045(b)(1)(B) of such Act, Pub.L. 102-240, as
amended by Pub.L. 103-331, Title III, 335(a), Sept. 30, 1994, 108 Stat. 2494, was not classified to
the Code], for the fiscal year ending September 30, 1996. Nothing in this subsection shall be
construed to authorized the appropriation of any sums to carry out sections 131, 136, 319(b) of
title 23. United States Code [sections 131, 136, or 319(b) of this title], or any provision of law
relating to highway safety enacted after May 1, 1966. Beginning with funds authorized 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

Page 88
23 U.S.C.A. § 101
[Dec. 29, 1981], the obligation of funds authorized by this subsection, except for advance
construction interstate projects approved before the date of enactment of this sentence [Dec. 29,
1981], 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 access 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 environmental
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 related
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, geometrics, 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 provision of this
subsection, where a project is to be constructed (1) to provide parking garage ramps in conjunction
with high occupancy vehicle lanes which flow into a distributor system emptying directly into ramps
for off-street parking with preferential parking for carpools, 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 environmental mitigation
effort, or (4) to provide for the comprehensive upgrading of existing high occupancy vehicle lanes,
new ramps and parking facilities at mass transit intermodal transfer points on an existing
Interstate System route which has temporary high occupancy vehicle lanes in the median and the
parking facilities
and ramps are part of an environmental mitigation effort, the costs of such parking garage ramps,
parking lots,
parking garages, associated interchange ramps, high occupancy vehicle lanes, and other associated
work eligible

Page 89
23USCA § 101
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 mclude 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 [Dec 29,
1981] 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 Transportation on September 30, 1983, shall be
eligible for funds authorized by this subsection as if such costs were included 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 developed 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.”
Section 127(b) of Pub.L. 97-424 provided that: “Notwithstanding the provisions of section 108(b) of
the Federal- Aid Highway Act of 1956, as amended [set out as a note under this section], the
Secretary of Transportation 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
relieve 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 contract 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
Signs Identifying Funding Sources
Pub.L. 100-17, Title I, § 154, Apr. 2, 1987, 101 Stat 209, was repealed by Pub.L. 109-59, Title I, §
1901(c), Aug. 10, 2005, 119 Stat. 1464, and its text reenacted as 23 U.S.C.A. § 321 by Pub.L. 109-
59, Title I, § 1901(a), Aug. 10, 2005, 119 Stat. 1464.

Page 90
23 U.S.C.A. § 101
Studies of Need For and Survey of Highway Construction 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 planning surveys relative to,
highway construction programs for Guam, American Samoa, and the Virgin Islands, 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 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 planning surveys relative to, highway construction programs for Guam, American Samoa,
and the Virgin Islands, and to submit a report to Congress on or before July 1, 1967.
Study of Future Transportation Professional Manpower Needs; Report
Section 135 of Pub.L. 97-424 provided that: “The Secretary of Transportation shall undertake to
enter into
appropriate arrangements with the National Academy of Sciences’ Transportation Research Board to
conduct a
comprehensive study and investigation of future transportation professional manpower 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 Academy of
Sciences for conducting such study and investigation, 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
request any information which the Academy deems necessary for the purpose of conducting the study
and investigation
authorized by this section.”
Study of Highway Needs to Solve Energy Problems; Investigation and Study; Report to Congress

Page 91
23 U.S.C.A. § 101
Section 153 of Pub.L. 94-280 provided that the Secretary of Transportation make an investigation and
study for the purpose of determining the need for special Federal assistance in the construction or
reconstruction of highways on the Federal-aid system 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
appmpriate 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.
Use of Articles Mined or Manufactured in United States
Pub.L. 95-599, Title IV, § 401, Nov. 6, 1978, 92 Slat. 2756, as amended Pub.L. 97-327, § 6, Oct. 15,
1982, 96
Stat. 1613, which had required that articles, materials, and supplies and in projects administered
by the Department of Transportation be mined or produced in the United States, were repealed by
Pub.L. 97-424, Title I, § 165(e). Jan.
6, 1983, 96 Stat. 2137.
CROSS REFERENCES
Admission fee or permit for travel over National Federal Aid System, see 16 USCA § § 3911, 4601-6a.
Appropriations for highway bridges determined to be unreasonable obstructions to navigation, see 49
USCA § 104.
Roads within Federal lands highway program, see 23 USCA § 204.
LAW REVIEW COMMENTARIES
Clean Air Act’s conformity requirements and the Intermodal Surface Transportation Efficiency Act of
1991.
Professor Arnold W. Reitze, Jr., 3 Environmental Lawyer 631 (1997).
LIBRARY REFERENCES
American Digest System

Page 92
23 U.S.C.A. 101
Highways k99.1.
Key Number System Topic No. 200.
Corpus Juris Secundum
CJS HIGHWAYS 177, Allocation or Grant of Funds.
CJS Railroads 1177, Rate of Speed.
RESEARCH REFERENCES
ALR Library
147 ALL Fed. 205, What Constitutes Federal Financial Assistance for Purposes of § 504 of
Rehabilitation Act (Z U.S.C.A. 794), Which Prohibits Any Program or Activity Receiving Federal
Financial Assistance from
Discriminating On…
27 ALR, Fed. 214, Executive Impoundment of Funds Appropriated by Congress.
19 ALL Fed. 904, Construction and Application of § 4(F) of Department of Transportation Act of 1966
(49 U.S.C.A. § 1653(F)), as Amended, and § 18(A) of Federal-Aid Highway Act of 1968 (23 U.S.C.A.
138) Requiring Secretary…
13 ALL Fed. 145, Construction and Application of 28 US.C.A. 1361 Conferring on Federal District
Courts Original Jurisdiction of Actions in Nature of Mandamus to Compel Federal Officer, Employee,
or Agency to Perform Duty Owed…
7 ALL Fed. 907, Propriety, Under Rules 23(A) and 23(B) of Federal Rules of Civil Procedure, as
Amended in 1966, of Class Action Seeking Relief Against Pollution of Environment.
181 ALL Fed. 147, Validity, Construction, and Operation of Evidentiary Privilege of 23 U.S.C.A. 409.

Page 93
23 U.S.C.A. § 101
160 ALR, Fed. 297, Who is Recipient Ot and What Constitutes Program or Activity Receiving, Federal
Financial Assistance for Purposes of § 504 of Rehabilitation Act (29 U.S.C.A. 794), Which Prohibits
Any Program or Activity Receiving…
160 ALR, Fed. 483, Construction and Application of Federal Advisory Committee Act (5 U.S.C.A. App. 2
§ § 1-
15).
42 ALR 3rd 13, Abutting Owner’s Right to Damages for Limitation of Access Caused by Conversion of
Conventional Road Into Limited-Access Highway.
Encyclopedias
12 Am. Jur. Proof of Facts 2d 697, Contractor’s Failure to Exercise Ordinary Care in Preparing Bid.
17 Am. Jur_ Proof of Facts 2d 413, Highway Defects-Barrier or Guardrail.
14 Am. Jur_ Proof of Facts 3d 527, Highway Defects-Negligent Design or Maintenance of Curve.
31 Am. Jur_ _Proof of Facts 3d 351, Establishing Liability of a State or Local Highway
Administration, Where Injury Results from the Failure to Place or Maintain Adequate Highway Signs.
38 Am. Jur. Proof of Facts 3d 547, Necessity and Sufficiency of Environmental Impact Statements
Under the
National Environmental Policy Act.
29 Am. Jur_ 2c1 Evidence 195, Under Federal Rule 301 and Similar State Rules.
Am_ Jur. 2d. Public Funds ti 55, Impoundment of Funds.
Am. Jur. 2c1 Public Funds 56, Impoundment Control Act.
Forms
Federal Procedural Forms 38:1, Scope of Division.

Page 94
23 U.S.C.A. 101
Federal Procedural Forms 38:3, Federal-Aid Highway Act, Generally.
Federal Procedural Forms 38:15, Complaint-For Injunctive and Declaratory Relief-Breach of Agency
Authority; Failure to Conduct Adequate Environmental Impact Study; Failure to Conduct Public
Hearing-Highway Improvement Project on Island…
Federal Procedural Forms 38:16, Complaint-For Injunctive and Declaratory Relief-Highway Project
Encroaching Upon Habitat of Endangered Species-Violations of Federal-Aid Highways and Endangered
Species Acts…
Federal Procedural Forms 38:17, Complaint-Against State and Federal Officials-To Enjoin
Construction of Federal Highway Through Parkland…
Federal Procedural Forms 38:18, Complaint-For Declaratory and Injunctive Relief Under Environmental
Acts- Highway Construction…
;Federal Procedural Forms 38:19, Complaint-For Writ of Mandamus, Injunction, and Declaration of
Rights Under Nepa-Highway Alteration and Reconstruction…
Federal Procedural Forms 38:21, Allegations in Complaint-Failure to Prepare Adequate Environmental
Impact Study; iNAdequate Notice of Required Hearing; Adverse Impact of Project on Environment-New
Freeway Over Farmland…
Federal Procedural Forms 38:24, Allegations in Complaint-Decision to Change Planned Route of
Highway Arbitrary and Capricious (5 U.S.C.A. 706; 23 U.S.C.A. § 101(B); Fed R Civ P Rule 8(a)).
Federal Procedural Forms 10:243, Class Action Complaint-Wheelchair Users-Injunctive Relief-Failure
of State Government to Construct Curb Ramps at Newly Constructed or Altered Intersections…
Federal Procedural Forms 29:151, Complaint-For Declaratory and Injunctive Relief in Connection With
Federal Agency’s Failure to Prepare Environmental Impact Statement (28 U.S.C.A. 2201; 42 U.S.C.A.
4332; Fed R Civ P Rule 8(A), 57,).
Nichols Cyclopedia of Legal Forms Annotated 8.1101, Research Checklist.

Page 95
23 U.S.C.A. § 101
AMJUR PP Forms Highways Streets & Bridges § 206, Introductory Comments.
AMJUR PP Forms Highways Streets & Bridges § 214, Complaint in Federal Court-For Injunctive and
Declaratory Relief-Breach of Agency Authority-Failure to Conduct Adequate Environmental Impact
Study-Failure to Conduct Public Hearing-Highway Improvement Project On…
AMJUR PP Forms Highways Streets & Bridges § 215, Complaint in Federal Court-Against Federal and
State Officials-For Injunctive and Declaratory Relief-Federal Highway Project Encroaching on Habitat
of Endangered Species-Violations of Federal-Aid Highway And…
AMJUR. PP Forms Highways Streets & Bridges § 216, Complaint in Federal Court-Against Federal and
State Officials-To Enjoin Construction of Federal Highway Through Parkland.
AMJUR PP Forms Highways Streets & Bridges § 217, Complaint in Federal Court-Against Federal and
State Officials-For Declaratory and Injunctive Relief Under Environmental Acts-Federal Highway
Construction.
AMJUR PP Forms Highways Streets & Bridges § 218, Complaint in Federal Court-Against Federal and
State
Officials-For Writ of Mandamus, Injunction, and Declaration of Rights Under Nepa-Federal Highway
Alteration
and Reconstruction.
AMJUR PP Forms Highways Streets & Bridges § 220, Complaint in Federal Court-Allegation-Decision to
Change
Planned Route of Highway Arbitrary and Capricious.
AIVITUR PP Forms Highways Streets & Bridges § 222, Complaint in Federal Court-Allegation-Failure to
Prepare
Adequate Environmental Impact Study; INAdequate Notice of Required Hearing; Adverse Impact of
Project on
Environment-New Freeway Over…
20 Am. Jur. Pl. & Pr. Forms Pollution Control § 15, Complaint in Federal Court-Against State and
Federal Officials-To Enjoin Construction of Federal Highway Through Parldand.
20 Am. Jur. Pl. & Pr. Forms Pollution Control § 17, Complaint in Federal Court-For Declaratory and
Injunctive
Relief-Highway Construction.

Page 96
23 U.S.C.A. § 101
20 Am. Jur. PL & Pr. Forms Pollution Control § 19, Complaint in Federal Court-For Writ of Mandamus,
Injunction, and Declaration of Rights Under Nepa-Highway Alteration and Reconstruction.
Treatises and Practice Aids
Emp. Discrim. Coord. Analysis of State Law § 19:58, Affirmative Action Required Under Federal Law.
NOTES OF DECISIONS
Generally 5
Authority of Congress 6
Authority of Secretary 7, 8
Authority of Secretary – Generally 7
Authority of Secretary – Withholding of funds 8 Constitutionality 1
Construction with other laws 2
Defenses 9a
Disadvantaged business enterprise program 11 Injunction 10
Law governing 4
Persons entitled to maintain action 9
Purpose 3
Withholding of funds, authority of secretary 8
I. Constitutionality
This chapter, insofar as it severed all federal connection with expressway project and removed that
project from
necessity for compliance with environmental requirements of federal law, was not violative of due
process clause of
Federal Constitution by arbitrarily discriminating against members of conservation society and
depriving them of

Page 97
23 U.S.C.A. 101
rights under federal environmental statutes Named Individual Members of San Antonio Conservation
Soc. v. Texas Highway Dept., C.A.5 (Tex.) 1974, 496 F.2d 1017, certiorari denied 95 S.Ct. 1123, 420
U.S. 926, 43 L.Ed.2d 396.
Constitutional Law le=’ 291; Environmental Law 4C:= 573
2. Construction with other laws
Principal purpose of Uniform Relocation Assistance Act of 1970, section 4601 et seq. of Title 42, is
to establish a uniform governing rule of federal law for all federally directed and federally
financed projects which cause displacement of persons and businesses and it is intent of its
provisions to assure that all persons uprooted by federal
authority receive beneficial protection earlier extended by this chapter to those situated in path
of highway
construction. Artesian Water Co. v. State, Dept. of Highways and Transp.. Del.Super.1974, 330 A.2d
432, modified
on other grounds 330 A.2d 441. United States te=. 82(5)
3. Purpose
Object of this chapter is to bring about an improvement in the nation’s highway system by providing
federal
financial aid for state highway construction. State of Vt v. Goldschmidt, C.A.2 (Vt.) 1980, 638 F.2d
482. Highways
“š? 99.1
Objective of this chapter was to create a national system of interstate and defense highways to be
completed as
nearly as practicable over a period of 20 years on an expedited construction basis. State Highway
Commission of
Missouri v. Volpe, C.A.8 (Mo.) 1973, 479 F.2d 1099. Highways C:=,’ 99.1
Primary purpose of this chapter is to stimulate and accelerate construction of federal-aid highway
systems by
offering federal aid to state and local bodies which construct these approved highways. D. C.
Federation of Civic Ass’ns, Inc. v. Airis, C.A.D.C.1968, 391 F.2d 478, 129 U.S.App.D.C. 125.
Highways fe= 99.1
Interstate highway system intended by this chapter transcends state and local interests in interest
of larger national purpose of providing nationwide system of highways adequate to meet needs of
national defense and interstate commerce. U.S. v. Certain Parcels of Land in Peoria County, Ill.,
S.D.I11.1962, 209 F.Supp. 483, affirmed 314 F.2d
825. States “š=’ 18.61

Page 98
23 U.S.C.A. 101
Primary purpose of this chapter is to stimulate and accelerate construction of federal-aid highways
by offering federal aid to state and local bodies which undertake construction within their
boundaries. Artesian Water Co. v. State, Dept. of Highways and Transp., Del.Super. 1974, 330 A.2d
432, modified on other grounds 330 A.2d 441. Highways “š=’ 99.1
4. Law governing
County’s approval of shopping center development near intersection of interstate highways, before
federal agency exercised its authority under the Federal Aid Highway Act (FAHA) and NEPA with regard
to attendant traffic problems, did not violate the Supremacy Clause, on theory that county’s action
prevented agency from complying with federal law, as decision of agency not to act was by its own
volition. Taubman Realty Group Ltd. Partnership v. Mineta. E.D.Va.2002, 198 F.Supp.2d 744, affirmed
320 F.3d 475. Zoning And Planning “š 14
This Chapter is valid exercise of federal power and is supreme law of land which cannot be limited
by conflicting provisions of state law. U.S. v. Certain Parcels of Land in Peoria County, Ill.,
S.D.I11.1962, 209 F.Supp. 483. affirmed 314 F.2d 825. Eminent Domain “š’ 5; States 18.61
5. Generally
The hortatory declaration of congressional policy set forth in subsec. (b) of this section does not
constitute a mandate to approve all qualif’ing projects for which funds are available. 1967, 42
Op.Atty.Gen., February 25.
4. Authority of Congress
The Congress, as the only branch of government which has the constitutional power to build roads, is
the only one which has the authority to dictate the terms under which the construction can be
carried out; authority of Secretary is limited to carrying out the law according to its terms. State
Highway Commission of Missouri v. Volpe, C.A.8 (Mo.) 1973. 479 F.2d 1099. Highways 99.1
1. Authority of Secretary–Generally

Page 99
23 U.S_C.A. § 101
It is clear that in enacting this chapter, Congress contemplated that Secretary of Transportation
exercise a -chisaistrative expertise to see that apportioned highway funds are not expended on
projects which fail to meet reasonable standards of cost. State Highway Commission of Missouri v.
Volpe, C.A.8 (Mo.) 1973, 479 F.2d 1099.
Highways C=. 99.1
In this chapter the intent of Congress in proffering funds through the Secretary of Transportation
to construct and impsove the highway system is to allow Secretary to have latitude and discretion in
awarding such funds to fulfill
Congressional purpose; under such circumstances it is not only sensible but expected that, in the
absence of arbitrary or capricious conduct by Secretary in carrying out this function, his decision
should be approved. Delaware
Valley Citizens’ Council For Clean Air v. Corn, of Pa., E.D.Pa.1982, 551 F.Supp. 827. Highways “š;=’
99.1
Withholding of funds, authority of secretary
Secretary did not have discretion under this chapter to withhold funds duly apportioned to State.
State of Iowa ex rel. State Highway Comen v. Brinegar, C.A.8 (Iowa) 1975, 512 F.2d 722. Highways
99.1
Assail/ling that provision of subsec. (c) of this section that it is “the sense of Congress” that
under existing law no part of any sums authorized to be appropriated for expenditure upon any
Federal-aid system which has been apportioned shall be impounded or withheld from obligation is
precatory and simply expresses wishes of Congress ruder than a specific mandate of proscription,
such fact is not controlling of issue whether Secretary possesses direct or implied authority to
exercise contract controls over such funds. State Highway Commission of Missouri v. Volpe, C.A8
(Mo.) 1973, 479 F.2d 1099. Highways C=:7 99.1
The executive branch did not have authority, for purposes of fighting inflation, to withhold
appropriated funds
allocated to the state of Minnesota for fiscal year 1975 under this chapter. State of Minn. by
Spannaus v. Coleman. D.C.Minn.1975, 391 F.Supp. 330. United States 85
WhBe it might be true that Secretary of Transportation’s approval of highway projects was required
before states
gained “vested interest” in funds authorized by Congress for interstate highway program, and that
there was no
contractual obligation on part of United States before such approval, Secretary still had no lawful
discretion to

Page 100
23 U.S.C.A. 101
withhck/ his approval of projects for reasons not contemplated in this chapter. State of La. ex rel.
Guste v. Brinegar, .0 .D.C. 1975, 388 F.Supp. 1319. Highways 0=3′ 99.1
9. Pascals entitled to maintain action
UnitedStates Supreme Court would not consider merits of nonminority contractor’s equal protection
challenge to Deparinent of Transportation’s (DOT) race-based programs applicable to direct federal
contracting, where Court of Appeals had found that contractor lacked standing to mount such
challenge and thus had not considered it, and
contra-tor did not contest ruling on standing in its petition for certiorari; Court of Appeals had
considered only
constintionality of DOT’s disadvantaged business enterprise (DBE) program as it pertained to
procurement of
federd funds for highway projects let by states and localities, which was governed by set of
regulations different
from those governing question contractor now sought to argue. Adarand Constructors, Inc. v. Mineta,
U.S.2001¾
122 Srt. 511,534 U.S. 103, 151 L.Ed.2d 489. Federal Courts ‘e= 461
Environmental, sporting, and recreational groups did not show that they were within zone of
interests protected by
provision of Federal-Aid Highway Act barring addition by state of points of access to, or exit from,
federally funded
interside without federal approval, and thus lacked standing to assert claim that Federal Highway
Administration (FHA}violated Act in approving interchange report respecting project to construct
interchange connecting interstate highnay to airport. Stewart Park and Reserve Coalition, Inc.
(SPARC) v. Slater, C.A.2 (N.Y.) 2003, 352 F.3d 545.
Highways “š77″- 85
Federal Highway Act and Highway Safety Act did not create implied private cause of action to recover
damages for
person.’ injuries allegedly caused by negligence of city that was recipient of federal funds under
Acts. Ramos
Pinerov. Commonwealth of Puerto Rico, D.Puerto Rico2005, 359 F.Supp.2d 56. Municipal Corporations (
=” 723
Unsuccessful bidder for federally-funded highway construction contracts, who failed to qualify as
disadvantaged
small business because it was too large and was owned by individual who was too wealthy, lacked
standing to chalkne constitutionality of federal Disadvantaged Business Enterprise (DBE) program’s
race- or gender-conscious elements; challenged elements did not cause bidder’s injury, and favorable
judgment would not redress it. Klaver ConstCo., Inc. v. Kansas Dept. of Transp., D.Kan.2002. 211
F.Supp.2d 1296. Constitutional Law C=. 42.2(2)

Page 101
23 U.S.C.A. 101
Company which had used two streets to provide access for its trucks to interstate highway had
standing to challenge city’s directive prohibiting truck traffic on those streets as being violation
of provision of this chapter as it may have been deprived of right secured by laws of the United
States, namely, right to require any state which accepts federal
highway funds to comply with regulations promulgated pursuant to this chapter, before selectively
barring access to federally financed roadways. Balf Co., Inc. v. Gaitor, D.C.Conn.1982, 534 F.Supp.
600. Federal Civil Procedure “š’l03.2
9A. Defenses
Defense of laches did not apply to bar action in which environmental group challenged project to
widen federal highway under NEPA, Federal Aid Highway Act (FAHA), and Administrative Procedure Act
(APA), notwithstanding government’s contention that group unreasonably delayed filing action despite
knowing that project was continuing and that substantial funds were being expended, given that group
filed action two and one-half months after federal agency denied its second request to complete
supplemental environmental impact statement (EIS), that group was involved throughout project and
took advantage of every opportunity to provide comment and voice concerns about project, that harm
which group sought to prevent was allegedly related to project’s widening phase, which had not yet
occurred, and that NEPA compliance could still result in substantial environmental benefit.
Sierra Club v. U.S. Dept. of Transp.. D.Nev.2003, 245 F.Supp.2d 1109. Environmental Law le=:) 672;
Highways
le=z7
1(13.1
10. Injunction
Secretary of Transportation and Director of the Office of Management and Budget would be enjoined
from withholding from State of Missouri authority to obligate its apportioned funds under this
chapter for reasons allegedly related to status of economy and need to control inflationary
pressures. State Highway Commission of
Missouri v. Volpe, C.A.8 (Mo.) 1973, 479 F.2d 1099. Injunction “š’ 79
11. Disadvantaged business enterprise program

Page 102
23 U.S.C.A. 101
Corporation with annual gross receipts of more than $16.6 million was not eligible to participate as
disadvantaged business enterprise (DBE) on federally-assisted Department of Transportation (DOT)
projects Helmark Steel Inc
v U S Dept of Transp D Del 1999 70 F Supp 2d 462 United States “š’ 64.15
Contractor having annual average gross receipts in excess of $15,370,000 was not eligible to
participate as a disadvantaged business enterprise (DBE) on federal financially-assisted
transportation projects even though it had fewer than 500 employees. Betteroads Asphalt Corp. v.
U.S. Dept. of Transp., D.D.C.1996, 923 F.Supp. 246. Highways “š 113(1)
23 U.S.C.A. § 101,23 USCA § 101
Current thrnugh P.L. 109-279 (excluding P.L. 109-248, 109-270, 109-271) approved 08-17-06

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