1. TITLE 23HIGHWAYSThis title was enacted by Pub. L. 85767, 1, Aug. 27, 1958, 72 Stat. 885Chap.Sec.TABLE SHOWING DISPOSITION OF ALL SECTIONS OF1. Federal Aid Highways 1 .....................101 FORMER TITLE 23Continued2. Other Highways ...................................201Title 23Title 233. General Provisions .............................301Former Sections New Sections4. Highway Safety .................................... 4015. Research, Technology, and Edu-21a2 ....................................... 21b .......................................... Elim. Rep. cation .................................................. 501 21c ........................................... 311 21d ..........................................Rep.6. Infrastructure Finance ...................... 601 21e ........................................... 122 22 ............................................ 104(e)AMENDMENTS 23 ............................................ 101(a),202(b), 204(a)(c), 205(a)(c)2005Pub. L. 10959, title I, 1602(e)(2), title V, 23a ..........................................Rep.5201(a)(1), Aug. 10, 2005, 119 Stat. 1248, 1780, added items 23b ..........................................Rep. 23b1 ....................................... Rep.for chapters 5 and 6 and struck out item for former23c ........................................... 205(c)chapter 5 Research and Technology. 24 ............................................ Rep.1998Pub. L. 105178, title V, 5101(1), June 9, 1998, 11224a ..........................................109(e) 25 ............................................ Rep.Stat. 422, added item for chapter 5. 26 ............................................ Rep.1966Pub. L. 89564, title I, 102(b)(3), Sept. 9, 1966, 80 41 ............................................ 101(a), 105(e) 41a ..........................................101(a), 103(b)Stat. 735, added item for chapter 4. 41b ..........................................101(a), 103(b) 42 ............................................ Rep.TABLE SHOWING DISPOSITION OF ALL SECTIONS OF 43 ............................................ Rep. FORMER TITLE 23 44 ............................................ Rep. 45 ............................................ Elim. 46 ............................................ See T. 18 1020Title 23Title 23 4753 ........................................Rep.Former Sections New Sections 54 ............................................ Elim. 54a ..........................................Rep.1 .............................................. Rep.54b ..........................................Elim.2 .............................................. 101 55 ............................................ 1262a ............................................101(a)55a ..........................................Rep.2b ............................................101(a)55b ..........................................126(b)3 .............................................. Rep.56 ............................................ Rep.3a ............................................Rep.57 ............................................ 3143b ............................................Rep.58 ............................................ Elim.4 .............................................. Rep.59 ............................................ Elim.5 .............................................. Rep.59a ..........................................Rep.6 .............................................. 103(b), (e), 105(c), 121(c) 60 ............................................ 103(d)61 ...........................................103(c)61 ............................................ 307(c)6a ............................................103(d)62 ............................................ 3186a1 ......................................... 105(d)63 ............................................ 109(d)6a2 ......................................... 310 64 ............................................ 320(a)6b ............................................Rep.65 ............................................ 320(b)6c ............................................Rep.66 ............................................ 320(c)7 .............................................. 110(a)67 ............................................ 320(d)8 .............................................. 109(a)68 ............................................ 320(e)8a ............................................109(a), 112(a)69 ............................................ 320(f)9 .............................................. 301 70 ............................................ 3139a ............................................129(a)71 ............................................ 303(a)9a1 ......................................... Rep.72 ............................................ 303 note9b ............................................129(a)73 ............................................ 303(a)10 ............................................109(a)101 ........................................... Rep.10a .......................................... Rep.101a .........................................Rep.10b .......................................... Rep.102 ........................................... Rep.10c ...........................................Rep.103 ........................................... Rep.11 ............................................Rep.104 ........................................... Rep.12 ............................................105(a), 106(a), (c), 121(d) 105 ........................................... Rep.12a .......................................... 121(c)106 ........................................... 210(a), (b)12b .......................................... Rep.107 ........................................... Rep.13 ............................................114(a)108 ........................................... Rep.131 ......................................... 112(b), (c) 109 ........................................... Rep.13a .......................................... Rep.110 ........................................... Rep.13b .......................................... 103(d)111 ........................................... Rep.14 ............................................121(a), (b), (e)112 ........................................... Rep.14a .......................................... Elim. 113 ........................................... Rep.15 ............................................Rep.114 ........................................... 210(e)16 ............................................Rep.115 ........................................... 308(a)17 ............................................316 116 ........................................... Rep.18 ............................................317(a)(c)117 ........................................... 31219 ............................................315 151(a) .......................................104 note20 ............................................Rep.151(b), (c) ................................104(c), 117(a)(c), 118(b)20a .......................................... Rep.152 ........................................... 204(f), 205(d)21 ............................................104(a), (b)(1)153 ........................................... 206(a), 207(a), 208(a), (b)211 ......................................... 307(a), (b) 154 ........................................... 209(a)21a .......................................... 104(b), 105(a), 106(a), 114(a), 155 ........................................... 203 118(a), (c) 156 ........................................... 101(b), 103(f), 104(b)(1), 116(d),21a1 .......................................Rep.119(a), (b), 120(h) 157 ........................................... 103(d) 158(a) .......................................101(b)1 So in original. Does not conform to chapter heading. 158(b) .......................................101 note Page 1

2. TITLE 23HIGHWAYSPage 2 TABLE SHOWING DISPOSITION OF ALL SECTIONS OF Sec. FORMER TITLE 23Continued104.Apportionment.105.Equity bonus program. Title 23Title 23 106.Project approval and oversight. Former Sections New Sections 107.Acquisition of rights-of-wayInterstate Sys-158(c) .......................................104(b)(4) tem.158(d) .......................................104(b)(5) 108.Advance acquisition of real property.158(d) .......................................104 note109.Standards.158(e) .......................................120(c)158(f), (g) ................................. 118(c)110.Revenue aligned budget authority.158(h) ...................................... 115 111.Agreements relating to use of and access to158(i) .......................................109(b)rights-of-wayInterstate System.158(j) .......................................127 112.Letting of contracts.158(k) ...................................... 307 note159 ........................................... 107 113.Prevailing rate of wage.160 ........................................... 108 114.Construction.161 ........................................... 124 115.Advance construction.162 ........................................... 123163 ........................................... 111 116.Maintenance.164 ........................................... 129(b)(d)117.High priority projects program.165 ........................................... Elim. 118.Availability of funds.166 ........................................... 113167 ........................................... 101(b), 128(a), (b), 304119.Interstate maintenance program.168 ........................................... Elim. 120.Federal share payable.169 (less last proviso) ..............Rep.121.Payment to States for construction.169 (last proviso) .....................Elim. 122.Payments to States for bond and other debt170 ........................................... 305171 ........................................... 306 instrument financing.172 ........................................... Rep.123.Relocation of utility facilities.173 ........................................... 120 note124.Advances to States.174 ........................................... 307 note175 ........................................... Elim. 125.Emergency relief.126.Uniform transferability of Federal-aid high- CITATION way funds.127.Vehicle weight limitationsInterstate Sys-Section 1 of Pub. L 85767, Aug. 27, 1958, 72 Stat. 885,tem.provided in part that this title may be cited as Title128.Public hearings.23, United States Code, .129.Toll roads, bridges, tunnels, and ferries.130.Railway-highway crossings. REPEALS131.Control of outdoor advertising.Section 2 of Pub. L. 85767, Aug. 27, 1958, 72 Stat. 919, 132.Payments on Federal-aid projects undertakenrepealed the sections or parts of sections of the Revised by a Federal agency.Statutes or Statutes at Large covering provisions codi- 133.Surface transportation program.fied in this title. 134.Metropolitan transportation planning.135.Statewide transportation planning. CONSTRUCTION 136.Control of junkyards.Section 3 of Pub. L. 85767, Aug. 27, 1958, 72 Stat. 921, 137.Fringe and corridor parking facilities.provided that:138.Preservation of parklands.(a) If any provision of title 23, as enacted by section 139.Efficient environmental reviews for project1 of this Act or the application thereof to any person or decisionmaking.140 Nondiscrimination.circumstance is held invalid, the remainder of the title141.Enforcement of requirements.and the application of the provision to other persons or142.Public transportation.circumstances shall not be affected thereby.143.Highway use tax evasion projects.(b) The provisions of this Act shall be subject to Re-144.Highway bridge replacement and rehabilita-organization Plan Numbered 5 of 1950 (64 Stat. 1263) [settion program.out in the Appendix to Title 5, Government Organiza-145.Federal-State relationship.tion and Employees].146.Carpool and vanpool projects.SAVINGS PROVISION 147.Construction of ferry boats and ferry ter-minal facilities.Section 4 of Pub. L. 85767, Aug. 27, 1958, 72 Stat. 921, 148.Highway safety improvement program.provided that: Any rights or liabilities now existing 149.Congestion mitigation and air quality im-under prior Acts or portions thereof shall not be af- provement program.fected by the repeal of such prior Acts or portions [150. Repealed.]under section 2 of this Act.151.National bridge inspection program.152.Hazard elimination program.RECODIFICATION OF TITLE 23153.Use of safety belts and motorcycle helmets.Pub. L. 10459, title III, 357(a), Nov. 28, 1995, 109 Stat. 154.Open container requirements.625, provided that: The Secretary [of Transportation] 155.Access highways to public recreation areas onshall, by March 31, 1997, prepare and submit to Congresscertain lakes.a draft legislative proposal of necessary technical and 156.Proceeds from the sale or lease of real prop-conforming amendments to title 23, United Stateserty.Code, and related laws. 157.Safety incentive grants for use of seat belts.Pub. L. 102240, title I, 1066, Dec. 18, 1991, 105 Stat.158.National minimum drinking age.2006, provided that the Secretary of Transportation was 159.Revocation or suspension of drivers licensesto have prepared, by Oct. 1, 1993, a proposed recodifica- of individuals convicted of drug offenses.tion of title 23, United States Code, and related laws for160.Reimbursement for segments of the Inter-submission to Congress for consideration, prior to re-state System constructed without Federalpeal by Pub. L. 10459, title III, 357(b), Nov. 28, 1995, 109 assistance.Stat. 625.161.Operation of motor vehicles by intoxicatedminors. CHAPTER 1FEDERAL-AID HIGHWAYS 162.National scenic byways program.163.Safety incentives to prevent operation ofSec.motor vehicles by intoxicated persons.101Definitions and declaration of policy. 164.Minimum penalties for repeat offenders for102. Program efficiencies.driving while intoxicated or driving under103. Federal-aid systems. the influence. 3. Page 3 TITLE 23HIGHWAYSSec.item 134, substituted Statewide planning for Traffic165. Puerto Rico highway program. operations improvement programs in item 135, sub-166. HOV facilities.stituted Congestion mitigation and air quality im-AMENDMENTSprovement program for Truck lanes in item 149, andadded items 153 and 160. 2005Pub. L. 10959, title I, 1801(b), title VI, 6002(c), Pub. L. 102143, title III, 333(b), (c), Oct. 28, 1991, 105Aug. 10, 2005, 119 Stat. 1456, 1865, which directed amend-Stat. 947, added item 159 and repealed Pub. L. 101516,ment of the analysis for such subchapter by adding 333(b), which added former item 159. See 1990 Amend-items 139 and 147 and by striking out former item 147 ment note below.Priority primary routes, was executed by making1990Pub. L. 101516, title III, 333(b), Nov. 5, 1990, 104the amendment to the analysis for this chapter whichStat. 2186, which added item 159, was repealed by Pub.did not contain subchapters to reflect the probable in- L. 102143, title III, 333(c), Oct. 28, 1991, 105 Stat. 947.tent of Congress and the amendment by Pub. L. 10959, Section 333(d) of Pub. L. 102143 provided that the 1602(e)(1). See below.amendments made by section 333 of Pub. L. 101516 Pub. L. 10959, title I, 1602(b)(6)(A), (e)(1), Aug. 10, shall be treated as having not been enacted into law.2005, 119 Stat. 1247, before item 101, struck out item for 1987Pub. L. 10017, title I, 113(d)(2), 114(e)(5),subchapter I GENERAL PROVISIONS, and at end,125(b)(1), 126(b), 133(b)(1), Apr. 2, 1987, 101 Stat. 150, 153,struck out item for subchapter II INFRASTRUCTURE167, 171, substituted Advance construction for Con-FINANCE, items 181 Definitions, 182 Determina-struction by States in advance of apportionment intion of eligibility and project selection, 183 Secureditem 115, and Availability of funds for Availabilityloans, 184 Lines of credit, 185 Program administra- of sums apportioned in item 118, struck out andtion, 186 State and local permits, 187 Regula-width after Vehicle weight in item 127, substitutedtions, 188 Funding, and 189 Report to Congress, Carpool and vanpool projects for identical words inand subchapter I heading GENERAL PROVISIONS.item 146, National bridge inspection program for Pub. L. 10959, title I, 1104(b), 1120(b), 1121(b)(2),Pavement marking demonstration program in item1401(a)(2), 1601(i), title VI, 6001(c), Aug. 10, 2005, 119151, and Income from airspace rights-of-way forStat. 1165, 1192, 1196, 1225, 1243, 1857, added items 105,Highways crossing Federal projects in item 156.134, 135, 148, 165, 166, and 185 and struck out former 1984Pub. L. 98363, 6(b), July 17, 1984, 98 Stat. 437,items 105 Minimum guarantee, 134 Metropolitan added item 158.planning, 135 Statewide planning, 148 Development1983Pub. L. 97424, title I, 119(c), Jan. 6, 1983, 96of a national scenic and recreational highway, and 185Stat. 2111, substituted Nondiscrimination for EqualProject servicing.employment opportunity in item 140. 1999Pub. L. 106159, title I, 102(b), Dec. 9, 1999, 113Pub. L. 97424, title I, 150(b), Jan. 6, 1983, 96 Stat.Stat. 1753, struck out item 110 Uniform transferability 2132, added item 157.of Federal-aid highway funds, added item 126, and1978Pub. L. 95599, 116(c), 124(b), 168(c), Nov. 6,made technical amendment to item 163. 1978, 92 Stat. 2699, 2705, 2723, substituted Interstate 1998Pub. L. 105178, title I, 1103(l)(5), 1226(d), System resurfacing for Repealed in item 119, High-1405(b), 1406(b), as added by Pub. L. 105206, title IX,way bridge replacement and rehabilitation program 9002(c)(1), 9003(a), 9005(a), July 22, 1998, 112 Stat. 834,for Special bridge replacement program in item 144,837, 843, struck out item 126 Diversion and item 150Hazard elimination program for Projects for high-Allocation of urban system funds, and added items hazard locations in item 152, and Repealed for Pro-154 and 164.gram for the elimination of roadside obstacles in item Pub. L. 105178, title I, 1104(b), 1105(b), 1106(c)(2)(A),153.1114(b)(1), 1203(n), 1219(b), 1301(d)(2), 1303(b), 1305(d),1976Pub. L. 94280, title I, 123(b), 128(b), 132(b), 139,1310(b), 1403(b), 1404(b), 1503(b), 1601(c), June 9, 1998, 112May 5, 1976, 90 Stat. 439441, 443, substituted item 135Stat. 129, 131, 136, 154, 179, 221, 226, 227, 229, 235, 240, 241, Traffic operations improvement programs for250, 256, added item for subchapter I, substituted Min- Urban area traffic operations improvement pro-imum guarantee for Programs in item 105, Projectgrams; substituted item 146 Repealed for Specialapproval and oversight for Plans, specifications, and urban high density traffic programs; added item 156estimates in item 106, Advance acquisition of realHighways crossing Federal projects; and substitutedproperty for Advance acquisition of rights-of-way item lll Agreements relating to use of and access toin item 108, and Revenue aligned budget authority rights-of-wayInterstate System for Use of and ac-for Project agreements in item 110, added item 110cess to rights-of-wayInterstate System and sub-relating to uniform transferability of Federal-aid high-stituted items 119 and 133 Repealed for Administra-way funds, substituted High priority projects pro-tion of Federal-aid for highways in Alaska and Relo-gram for Certification acceptance in item 117, made cation assistance, respectively.technical amendment to item 134, struck out item 139 1975Pub. L. 93643, 107(b), 114(b), 115(b), Jan. 4,Additions to Interstate System, substituted High- 1975, 88 Stat. 2284, 2286, 2287, substituted item 141 read-way use tax evasion projects for Economic growthing Enforcement of requirements for prior text read-center development highways in item 143, Proceeds ing Real property acquisition policies, and addedfrom the sale or lease of real property for Incomeitems 154 and 155.from airspace rights-of-way in item 156, and Safety1973Pub. L. 9387, title I, 116(b), 121(b), 123(b),incentive grants for use of seat belts for Minimum125(b), 126(b), 129(c), 142(b), 157(b), title II, 205(b),allocation in item 157, added items 162 and 163, item 209(b), 210(b), Aug. 13, 1973, 87 Stat. 258, 261, 263, 264, 266,for subchapter II, and items 181 to 189, and added sub- 272, 278, 285, 287, 288, substituted Certification accept-chapter I heading before section 101. ance for Secondary road responsibilities in item 117, 1995Pub. L. 10459, title II, 205(d)(2), title III, Public transportation for Urban highway public 311(c), 320(b), Nov. 28, 1995, 109 Stat. 577, 584, 590, sub- transportation in item 142, and added items 145 to 153.stituted Payments for Payment and and other1970Pub. L. 91605, title I, 111(b), 127(b), 134(b),debt instrument financing for retirement in itemtitle II, 204(b), Dec. 31, 1970, 84 Stat. 1720, 1731, 1734,122, struck out item 154 National maximum speed 1742, added items 142, 143, 144, and substituted Fringelimit, and added item 161.and corridor parking facilities for Limitation on au- 1991Pub. L. 102240, title I, 1007(a)(2), 1008(c), thorization of appropriations for certain purposes in1009(e)(2), 1014(b), 1016(f)(3), 1024(c)(1), 1025(b), 1031(a)(2), item 137.Dec. 18, 1991, 105 Stat. 1930, 1933, 1934, 1942, 1946, 1962, 1968Pub. L. 90495, 10(b), 12(b), 16(b), 22(b), 25(c),1965, 1973, substituted Program efficiencies for Au-35(b), Aug. 23, 1968, 82 Stat. 820, 822, 823, 827, 829, 836,thorizations in item 102, substituted maintenance added items 135, 139, 140, and 141 and substituted Pre-program for System resurfacing in item 119, added vailing rate of wage for Prevailing rate of wageitem 133, substituted Metropolitan planning for Interstate System in item 113 and Construction byTransportation planning in certain urban areas in States in advance of apportionment for Construction 4. 101 TITLE 23HIGHWAYS Page 4by States in advance of apportionmentInterstate Sys-(4) COUNTY.The term county includestem in item 115. corresponding units of government under any1966Pub. L. 89574, 8(c)(2), 15(b), Sept. 13, 1966, 80Stat. 769, 771, added items 137 and 138. other name in States that do not have countyPub. L. 89564, title I, 102(b)(1), Sept. 9, 1966, 80 Stat.organizations and, in those States in which734, struck out item 135 relating to highway safety pro- the county government does not have jurisdic-grams. tion over highways, any local government unit1965Pub. L. 89285, title I, 102, title II, 202, Oct. 22, vested with jurisdiction over local highways.1965, 79 Stat. 1030, 1032, substituted Control of outdoor(5) FEDERAL-AID HIGHWAY.The term Fed-advertising for Areas adjacent to the Interstate Sys-eral-aid highway means a highway eligibletem in item 131, and added item 136.Pub. L. 89139, 4(b), Aug. 28, 1965, 79 Stat. 579, added for assistance under this chapter other than aitem 135.highway classified as a local road or rural1962Pub. L. 87866, 5(b), 9(b), Oct. 23, 1962, 76 Stat.minor collector.1147, 1148, added items 133 and 134. (6) FEDERAL-AID SYSTEM.The term Fed-1960Pub. L. 86657, 4(b), 5(b), July 14, 1960, 74 Stat.eral-aid system means any of the Federal-aid523, included ferries in item 129 and added item 132.highway systems described in section 103. 101. Definitions and declaration of policy (7) FEDERAL LANDS HIGHWAY.The term Federal lands highway means a forest high-(a) DEFINITIONS.In this title, the followingway, public lands highway, park road, park-definitions apply: way, refuge road, and Indian reservation road(1) APPORTIONMENT.The term apportion- that is a public road.ment includes unexpended apportionments(8) FOREST DEVELOPMENT ROADS ANDmade under prior authorization laws. TRAILS.The term forest development roads(2) CARPOOL PROJECT.The term carpooland trails means forest roads and trails underproject means any project to encourage the the jurisdiction of the Forest Service.use of carpools and vanpools, including provi- (9) FOREST HIGHWAY.The term forest high-sion of carpooling opportunities to the elderlyway means a forest road under the jurisdic-and individuals with disabilities, systems for tion of, and maintained by, a public authoritylocating potential riders and informing them and open to public travel.of carpool opportunities, acquiring vehicles for (10) FOREST ROAD OR TRAIL.The term for-carpool use, designating existing highwayest road or trail means a road or trail whollylanes as preferential carpool highway lanes, or partly within, or adjacent to, and servingproviding related traffic control devices, and the National Forest System that is necessarydesignating existing facilities for use for pref-for the protection, administration, and utiliza-erential parking for carpools. tion of the National Forest System and the(3) CONSTRUCTION.The term constructionuse and development of its resources.means the supervising, inspecting, actual(11) HIGHWAY.The term highway in-building, and incurrence of all costs incidental cludesto the construction or reconstruction of a (A) a road, street, and parkway;highway, including bond costs and other costs(B) a right-of-way, bridge, railroad-high-relating to the issuance in accordance withway crossing, tunnel, drainage structure,section 122 of bonds or other debt financing in- sign, guardrail, and protective structure, instruments and costs incurred by the State in connection with a highway; andperforming Federal-aid project related audits(C) a portion of any interstate or inter-that directly benefit the Federal-aid highwaynational bridge or tunnel and the approachesprogram. Such term includes thereto, the cost of which is assumed by a(A) locating, surveying, and mapping (in-State transportation department, includingcluding the establishment of temporary and such facilities as may be required by thepermanent geodetic markers in accordance United States Customs and Immigrationwith specifications of the National OceanicServices in connection with the operation ofand Atmospheric Administration of the De-an international bridge or tunnel.partment of Commerce);(B) resurfacing, restoration, and rehabili- (12) INDIAN RESERVATION ROAD.The termtation;Indian reservation road means a public road(C) acquisition of rights-of-way;that is located within or provides access to an(D) relocation assistance, acquisition of re-Indian reservation or Indian trust land or re-placement housing sites, and acquisition and stricted Indian land that is not subject to feerehabilitation, relocation, and construction title alienation without the approval of theof replacement housing;Federal Government, or Indian and Alaska Na-(E) elimination of hazards of railway gradetive villages, groups, or communities in whichcrossings; Indians and Alaskan Natives reside, whom the(F) elimination of roadside obstacles; Secretary of the Interior has determined are(G) improvements that directly facilitateeligible for services generally available to In-and control traffic flow, such as grade sepa-dians under Federal laws specifically applica-ration of intersections, widening of lanes,ble to Indians.channelization of traffic, traffic control sys- (13) INTERSTATE SYSTEM.The term Inter-tems, and passenger loading and unloadingstate System means the Dwight D. Eisen-areas; and hower National System of Interstate and De-(H) capital improvements that directly fa- fense Highways described in section 103(c).cilitate an effective vehicle weight enforce- (14) MAINTENANCE.The term mainte-ment program, such as scales (fixed andnance means the preservation of the entireportable), scale pits, scale installation, and highway, including surface, shoulders, road-scale houses.sides, structures, and such traffic-control de- 5. Page 5 TITLE 23HIGHWAYS 101 vices as are necessary for safe and efficient roads and trails means those roads and trails utilization of the highway. that the Secretary of the Interior determines(15) MAINTENANCE AREA.The term mainte-are of primary importance for the develop- nance area means an area that was des-ment, protection, administration, and utiliza- ignated as a nonattainment area, but wastion of public lands and resources under the later redesignated by the Administrator of thecontrol of the Secretary of the Interior. Environmental Protection Agency as an at-(25) PUBLIC LANDS HIGHWAY.The term pub- tainment area, under section 107(d) of thelic lands highway means a forest road under Clean Air Act (42 U.S.C. 7407(d)).the jurisdiction of and maintained by a public(16) NATIONAL HIGHWAY SYSTEM.The term authority and open to public travel or any National Highway System means the Fed-highway through unappropriated or unre- eral-aid highway system described in sectionserved public lands, nontaxable Indian lands, 103(b). or other Federal reservations under the juris-(17) OPERATING COSTS FOR TRAFFIC MONI- diction of and maintained by a public author- TORING, MANAGEMENT, AND CONTROL.The term ity and open to public travel. operating costs for traffic monitoring, man- (26) PUBLIC LANDS HIGHWAYS.The term agement, and control includes labor costs,public lands highways means those main administrative costs, costs of utilities andhighways through unappropriated or unre- rent, and other costs associated with the con-served public lands, nontaxable Indian lands, tinuous operation of traffic control, such as or other Federal reservations, which are on integrated traffic control systems, incidentthe Federal-aid systems. management programs, and traffic control (27) PUBLIC ROAD.The term public road centers.means any road or street under the jurisdic-(18) OPERATIONAL IMPROVEMENT.The term tion of and maintained by a public authority operational improvementand open to public travel.(A) means (i) a capital improvement for in- (28) REFUGE ROAD.The term refuge roadstallation of traffic surveillance and control means a public road that provides access to orequipment, computerized signal systems,within a unit of the National Wildlife Refugemotorist information systems, integrated System and for which title and maintenancetraffic control systems, incident manage-responsibility is vested in the United Statesment programs, and transportation demand Government.management facilities, strategies, and pro- (29) RURAL AREAS.The term rural areasgrams, and (ii) such other capital improve-means all areas of a State not included inments to public roads as the Secretary may urban areas.designate, by regulation; and (30) SAFETY IMPROVEMENT PROJECT.The(B) does not include resurfacing, restoring, term safety improvement project means aor rehabilitating improvements, construc-project that corrects or improves high hazardtion of additional lanes, interchanges, andlocations, eliminates roadside obstacles, im-grade separations, and construction of a new proves highway signing and pavement mark-facility on a new location.ing, installs priority control systems for emer- (19) PARK ROAD.The term park roadgency vehicles at signalized intersections, in- means a public road, including a bridge built stalls or replaces emergency motorist aid call primarily for pedestrian use, but with capac- boxes, or installs traffic control or warning de- ity for use by emergency vehicles, that is lo-vices at locations with high accident poten- cated within, or provides access to, an area in tial. the National Park System with title and(31) SECRETARY.The term Secretary maintenance responsibilities vested in themeans Secretary of Transportation. United States. (32) STATE.The term State means any of (20) PARKWAY.The term parkway, asthe 50 States, the District of Columbia, or used in chapter 2 of this title, means a park-Puerto Rico. way authorized by Act of Congress on lands to(33) STATE FUNDS.The term State funds which title is vested in the United States. includes funds raised under the authority of (21) PROJECT.The term project means an the State or any political or other subdivision undertaking to construct a particular portion thereof, and made available for expenditure of a highway, or if the context so implies, the under the direct control of the State transpor- particular portion of a highway so constructedtation department. or any other undertaking eligible for assist-(34) STATE TRANSPORTATION DEPARTMENT. ance under this title.The term State transportation department (22) PROJECT AGREEMENT.The term projectmeans that department, commission, board, or agreement means the formal instrument toofficial of any State charged by its laws with be executed by the State transportation de- the responsibility for highway construction. partment and the Secretary as required by(35) TRANSPORTATION ENHANCEMENT ACTIV- section 106.ITY.The term transportation enhancement (23) PUBLIC AUTHORITY.The term publicactivity means, with respect to any project authority means a Federal, State, county, or the area to be served by the project, any of town, or township, Indian tribe, municipal or the following activities as the activities relate other local government or instrumentality to surface transportation: with authority to finance, build, operate, or(A) Provision of facilities for pedestrians maintain toll or toll-free facilities. and bicycles. (24) PUBLIC LANDS DEVELOPMENT ROADS AND(B) Provision of safety and educational ac- TRAILS.The term public lands developmenttivities for pedestrians and bicyclists. 6. 101TITLE 23HIGHWAYSPage 6(C) Acquisition of scenic easements andthe needs of local and interstate commerce forscenic or historic sites (including historic the national and civil defense.battlefields). (2) COMPLETION OF INTERSTATE SYSTEM.Con-(D) Scenic or historic highway programsgress declares that the prompt and early com-(including the provision of tourist and wel- pletion of the Dwight D. Eisenhower Nationalcome center facilities). System of Interstate and Defense Highways(E) Landscaping and other scenic beautifi- (referred to in this section as the Interstatecation.System), so named because of its primary im-(F) Historic preservation. portance to the national defense, is essential(G) Rehabilitation and operation of his- to the national interest. It is the intent oftoric transportation buildings, structures, or Congress that the Interstate System be com-facilities (including historic railroad facili-pleted as nearly as practicable over the periodties and canals).of availability of the forty years appropria-(H) Preservation of abandoned railway cor- tions authorized for the purpose of expeditingridors (including the conversion and use ofits construction, reconstruction, or improve-the corridors for pedestrian or bicyclement, inclusive of necessary tunnels andtrails). bridges, through the fiscal year ending Sep-(I) Inventory, control, and removal of out-tember 30, 1996, under section 108(b) of the Fed-door advertising.eral-Aid Highway Act of 1956 (70 Stat. 374), and(J) Archaeological planning and research.that the entire system in all States be brought(K) Environmental mitigationto simultaneous completion. Insofar as pos-(i) to address water pollution due tosible in consonance with this objective, exist-highway runoff; or ing highways located on an interstate route(ii) 1 reduce vehicle-caused wildlife mor- shall be used to the extent that such use istalitywhilemaintaining habitat practicable, suitable, and feasible, it being theconnectivity.intent that local needs, to the extent prac- (L) Establishment of transportation muse- ticable, suitable, and feasible, shall be givenums. equal consideration with the needs of inter- state commerce.(36) URBAN AREA.The term urban area (3) TRANSPORTATION NEEDS OF 21ST CEN-means an urbanized area or, in the case of anTURY.Congress declares thaturbanized area encompassing more than one(A) it is in the national interest to pre-State, that part of the urbanized area in each serve and enhance the surface transpor-such State, or urban place as designated bytation system to meet the needs of thethe Bureau of the Census having a population United States for the 21st Century;of 5,000 or more and not within any urbanized(B) the current urban and long distancearea, within boundaries to be fixed by respon- personal travel and freight movement de-sible State and local officials in cooperation mands have surpassed the original forecastswith each other, subject to approval by theand travel demand patterns are expected toSecretary. Such boundaries shall encompass,continue to change;at a minimum, the entire urban place des-(C) continued planning for and investmentignated by the Bureau of the Census, except in in surface transportation is critical to en-the case of cities in the State of Maine and insure the surface transportation system ade-the State of New Hampshire.quately meets the changing travel demands(37) URBANIZED AREA.The term urbanizedof the future;area means an area with a population of(D) among the foremost needs that the sur-50,000 or more designated by the Bureau of the face transportation system must meet toCensus, within boundaries to be fixed by re- provide for a strong and vigorous nationalsponsible State and local officials in coopera-economy are safe, efficient, and reliabletion with each other, subject to approval by(i) national and interregional personalthe Secretary. Such boundaries shall encom-mobility (including personal mobility inpass, at a minimum, the entire urbanized arearural and urban areas) and reduced conges-within a State as designated by the Bureau oftion;(ii) flow of interstate and internationalthe Census. commerce and freight transportation; and(38) ADVANCED TRUCK STOP ELECTRIFICATION(iii) travel movements essential for na-SYSTEM.The term advanced truck stop elec- tional security;trification system means a system that de-livers heat, air conditioning, electricity, or(E) special emphasis should be devoted tocommunications to a heavy duty vehicle. providing safe and efficient access for thetype and size of commercial and military ve-(b) DECLARATION OF POLICY. hicles that access designated National High-(1) ACCELERATION OF CONSTRUCTION OF FED-way System intermodal freight terminals;ERAL-AID HIGHWAY SYSTEMS.Congressde- (F) the connection between land use andclares that it is in the national interest to ac- infrastructure is significant;celerate the construction of Federal-aid high-(G) transportation should play a signifi-way systems, including the Dwight D. Eisen- cant role in promoting economic growth, im-hower National System of Interstate and De- proving the environment, and sustaining thefense,2 because many of the highways (or por- quality of life; andtions of the highways) are inadequate to meet (H) the Secretary should take appropriateactions to preserve and enhance the Inter- 1 So in original. The word to probably should appear.state System to meet the needs of the 21st 2 So in original. Probably should be Defense Highways,.Century. 7. Page 7TITLE 23HIGHWAYS 101(c) It is the sense of Congress that under exist-REFERENCES IN TEXTing law no part of any sums authorized to be ap-Section 108(b) of the Federal-Aid Highway Act of 1956propriated for expenditure upon any Federal-aid (70 Stat. 374), referred to in subsec. (b)(2), is sectionsystem which has been apportioned pursuant to 108(b) of act June 29, 1956, ch. 462, 70 Stat. 378, which isthe provisions of this title shall be impounded orset out below.withheld from obligation, for purposes andAMENDMENTSprojects as provided in this title, by any officer 2005Subsec. (a)(35). Pub. L. 10959, 1122(a), amendedor employee in the executive branch of the Fed- heading and text of par. (35) generally, substituting in-eral Government, except such specific sums as troductory provisions and subpars. (A) to (L) definingmay be determined by the Secretary of the Transportation enhancement activity for substan-Treasury, after consultation with the Secretary tially identical undesignated provisions definingof Transportation, are necessary to be withheld Transportation enhancement activities.from obligation for specific periods of time toSubsec. (a)(38). Pub. L. 10959, 1122(b), added par. (38).assure that sufficient amounts will be available Subsec. (b). Pub. L. 10959, 1909(a), inserted subsec.heading, substituted heading and text of par. (1) forin the Highway Trust Fund to defray the ex-first undesignated par. relating to declaration that itpenditures which will be required to be madewas in the national interest to accelerate the construc-from such fund. tion of the Federal-aid highway systems, designated(d) No funds authorized to be appropriatedsecond undesignated par. as par. (2), inserted heading,from the Highway Trust Fund shall be expended and substituted Congress declares that the promptand early completion of the Dwight D. Eisenhower Na-by or on behalf of any Federal department,tional System of Interstate and Defense Highways (re-agency, or instrumentality other than the Fed-ferred to in this section as the Interstate System), soeral Highway Administration unless funds fornamed because of its primary importance to the na-such expenditure are identified and included as tional defense, is essential to the national interest fora line item in an appropriation Act and are toIt is hereby declared that the prompt and early com-meet obligations of the United States heretoforepletion of The Dwight D. Eisenhower System of Inter-or hereafter incurred under this title attrib-state and Defense Highways, so named because of itsutable to the construction of Federal-aid high- primary importance to the national defense and here-after referred to as the Interstate System, is essentialways or highway planning, research, or develop-to the national interest and is one of the most impor-ment, or as otherwise specifically authorized totant objectives of this Act, and substituted headingbe appropriated from the Highway Trust Fund and text of par. (3) for third undesignated par. relatingby Federal-aid highway legislation. to the national policy that increased emphasis be(e) It is the national policy that to the max-placed on the construction and reconstruction of theother Federal-aid systems.imum extent possible the procedures to be uti- 1998Subsec. (a). Pub. L. 105178 inserted heading andlized by the Secretary and all other affected amended text of subsec. (a) generally, alphabetizing,heads of Federal departments, agencies, and in- numbering, and inserting headings for terms defined,strumentalities for carrying out this title and inserting definitions of maintenance area and ref-any other provision of law relating to the Fed- uge road, and substituting definition of State trans-eral highway programs shall encourage the sub-portation department for definition of State highwaystantial minimization of paperwork and inter- department.agency decision procedures and the best use of 1995Subsec. (a). Pub. L. 10459, 311(b), in first sen-tence of definition of construction, inserted bondavailable manpower and funds so as to prevent costs and other costs relating to the issuance in accord-needless duplication and unnecessary delays atance with section 122 of bonds or other debt financingall levels of government. instruments, after highway, including. Pub. L. 10459, 301(b)(1), in definition of project,(Pub. L. 85767, Aug. 27, 1958, 72 Stat. 885; Pub. L. inserted before period at end or any other undertaking8670, 21(e)(1), June 25, 1959, 73 Stat. 146; Pub. L. eligible for assistance under this title.86624, 17(a), July 12, 1960, 74 Stat. 415; Pub. L.Pub. L. 10459, 301(b)(2), added provision defining87866, 6(a), Oct. 23, 1962, 76 Stat. 1147; Pub. L. operating costs for traffic monitoring, management,88423, 3, Aug. 13, 1964, 78 Stat. 397; Pub. L. and control and struck out former provision definingstartup costs for traffic management and control89574, 4(a), Sept. 13, 1966, 80 Stat. 767; Pub. L.which read as follows: The term startup costs for90495, 4(a), 8, 15, Aug. 23, 1968, 82 Stat. 816, 819, traffic management and control means initial costs822; Pub. L. 91605, title I, 104(a), 106(a), 107, (including labor costs, administration costs, cost of117(d), 130, 141, Dec. 31, 1970, 84 Stat. 1714, 1716, utilities, and rent) for integrated traffic control sys-1718, 1724, 1732, 1737; Pub. L. 9387, title I, 105, tems, incident management programs, and traffic con-106(a), 107, 108, 152(1), Aug. 13, 1973, 87 Stat. trol centers.253255, 276; Pub. L. 93643, 102(b), Jan. 4, 1975, 88 1991Subsec. (a). Pub. L. 102240, 1006(g)(1), addedStat. 2281; Pub. L. 94280, title I, 107(a), 108,provision defining Federal-aid highways and struckout former provision which read as follows: The termMay 5, 1976, 90 Stat. 430, 431; Pub. L. 95599, titleFederal-aid highways means highways located on oneI, 106, Nov. 6, 1978, 92 Stat. 2693; Pub. L. 97424,of the Federal-aid systems described in section 103 oftitle I, 126(c), 159, Jan. 6, 1983, 96 Stat. 2115, this title.2135; Pub. L. 10017, title I, 102(b)(3), 108, 109, Pub. L. 102240, 1005(a), in definition of highway133(b)(2), (3), Apr. 2, 1987, 101 Stat. 135, 146, 171;safety improvement project, inserted installs pri-Pub. L. 101427, Oct. 15, 1990, 104 Stat. 927; Pub. ority control systems for emergency vehicles at signal-L. 102240, title I, 1001(g), 1005, 1006(g)(1),ized intersections after marking,.1007(c), Dec. 18, 1991, 105 Stat. 1916, 1922, 1927,Pub. L. 102240, 1005(d)(3), in definition of Indianreservation roads, struck out , including roads on1931; Pub. L. 10459, title III, 301(b), 311(b), Nov.the Federal-aid systems, after public roads.28, 1995, 109 Stat. 578, 583; Pub. L. 105178, title I,Pub. L. 102240, 1005(d)(4), in definition of park 1201, June 9, 1998, 112 Stat. 164; Pub. L. 10959,road, inserted , including a bridge built primarily fortitle I, 1122, 1909(a), Aug. 10, 2005, 119 Stat. 1196, pedestrian use, but with capacity for use by emergency1470.)vehicles before that is located. 8. 101 TITLE 23HIGHWAYSPage 8 Pub. L. 102240, 1005(b), inserted provision defining Pub. L. 97424, 159, in definition of construction,urbanized area and struck out former provision inserted provision that it also includes costs incurredwhich read as follows: The term urbanized area by the State in performing Federal-aid project relatedmeans an area so designated by the Bureau of the Cen-audits which directly benefit the Federal-aid highwaysus, within boundaries to be fixed by responsible Stateprogram.and local officials in cooperation with each other, sub- 1978Subsec. (a). Pub. L. 95599, 106(a), in definitionject to approval by the Secretary. Such boundaries of construction inserted provision relating to capitalshall, as a minimum, encompass the entire urbanizedimprovements.area within a State as designated by the Bureau of the Pub. L. 95599, 106(b)(1), in definition of forest roadCensus.or trail, inserted provisions requiring contingency or Pub. L. 102240, 1005(c), inserted provision defining service to the National Forest System and necessity forNational Highway System and struck out formerthe protection, administration, and utilization thereof.provision defining Federal-aid primary system whichPub. L. 95599, 106(b)(2), defined forest developmentread as follows: The term Federal-aid primary sys-roads or trails in terms of a forest road or trail undertem means the Federal-aid highway system describedthe jurisdiction of the Forest Service rather than inin subsection (b) of section 103 of this title.terms of a forest road or trail of primary importance Pub. L. 102240, 1005(d)(1), (2), struck out provisions for the protection, administration, and utilization ofdefining Federal-aid secondary system and Federal- the national forest or other areas under the jurisdic-aid urban system which read as follows:tion of the Forest Service. The term Federal-aid secondary system means the Pub. L. 95599, 106(b)(3), defined forest highway inFederal-aid highway system described in subsection (c) terms of a forest road under the jurisdiction of, andof section 103 of this title.maintained by, a public authority and open to public The term Federal-aid urban system means the Fed-travel rather than in terms of a forest road which is oferal-aid highway system described in subsection (d) of primary importance to the States, counties, or commu-section 103 of this title. nities contingent to national forests and which is a Pub. L. 102240, 1005(e), in definition of Interstate Federal-aid system.System, inserted Dwight D. Eisenhower before Na- Pub. L. 95599, 106(b)(4), inserted definition of high-tional.way safety improvement project. Pub. L. 102240, 1005(g), inserted provisions defining1976Subsec. (a). Pub. L. 94280, 108, defined con-start-up costs for traffic management and control, struction to include resurfacing, restoration, and re-carpool project, public authority and public habilitation and urban area to exclude cities in thelands highway. States of Maine and New Hampshire and inserted defi- Pub. L. 102240, 1005(f), inserted provision defining nition of public road.operational improvement. Subsec. (b). Pub. L. 94280, 107(a), substituted provi- Pub. L. 102240, 1007(c), inserted provision defining sion for completion of the Interstate System over atransportation enhancement activities. thirty-four year period, through the fiscal year ending Subsec. (b). Pub. L. 102240, 1001(g), substitutedSeptember 30, 1990, for a prior provision for such com-forty for thirty-seven and 1996 for 1993 in sec- pletion over a twenty-three period, through the fiscalond par. year ending June 30, 1979. 1990Subsec. (b). Pub. L. 101427 substituted The 1975Subsec. (a). Pub. L. 93643 defined Indian res-Dwight D. Eisenhower System of Interstate and De-ervation roads and bridges to include roads andfense Highways for the National System of Inter- bridges on the Federal-aid systems.state and Defense Highways in first two pars.1973Subsec. (a). Pub. L. 9387, 105(1), in definition 1987Subsec. (a). Pub. L. 10017, 108, in definition of of construction, substituted National Oceanic andconstruction, inserted elimination of roadside ob- Atmospheric Administration for Coast and Geodeticstacles, after grade crossings,. Survey and extended definition to include improve- Pub. L. 10017, 133(b)(2), substituted definition ofments which directly facilitate and control traffic flow,forest road or trail for forest or trail.such as grade separation of intersections, widening of Pub. L. 10017, 109, in definition of highway safetylanes, channelization of traffic, traffic control systems,improvement project, inserted installs or replaces and passenger loading and unloading areas.emergency motorist-aid call boxes, after pavementPub. L. 9387, 105(3), in definition of Indian reserva-marking,.tion roads and bridges, substituted approval of the Pub. L. 10017, 133(b)(3), amended definition of park Federal Government, or Indian and Alaska Native vil-road generally. Prior to amendment, definition readlages, groups, or communities in which Indians andas follows: The term park road means a public road Alaskan Natives reside, whom the Secretary of the In-that is located within or provides access to an area interior has determined are eligible for services generallythe national park system.available to Indians under Federal laws specifically ap- Subsec. (b). Pub. L. 10017, 102(b)(3), substituted plicable to Indians for approval of the Federal Gov-thirty-seven years for thirty-four years and ernment on which Indians reside whom the Secretary1993 for 1990 in second par. of the Interior has determined to be eligible for serv- 1983Subsec. (a). Pub. L. 97424, 126(c)(1), sub- ices generally available to Indians under Federal lawsstituted provision that park road means a public specifically applicable to Indians.road that is located within or provides access to an Pub. L. 9387, 152(1), in definition of Secretary,area in the national park system, for provision that substituted Secretary of Transportation for Sec-park roads and trails means those roads or trails, in- retary of Commerce.cluding the necessary bridges, located in national parks Pub. L. 9387, 105(4), in definition of urbanizedor monuments, now or hereafter established, or inarea, provided for boundaries of the urbanized areaother areas administered by the National Park Serviceto be fixed by responsible State and local officials inof the Department of the Interior (excluding parkwayscooperation with each other, subject to approval by theauthorized by Acts of Congress) and also including ap- Secretary, and required such boundaries, as a min-proach roads to national parks or monuments author-imum, to encompass the entire urbanized area within aized by the Act of January 31, 1931 (46 Stat. 1053), asState as designated by the Bureau of the Census.amended. Pub. L. 9387, 105(2), in definition of urban area, Pub. L. 97424, 126(c)(2), substituted The term In-substituted an urbanized area or, in the case of an ur-dian reservation roads means public roads, includingbanized area encompassing more than one State, thatroads for The term Indian reservation roads and part of the urbanized area in each such State, or anbridges means roads and bridges, including roads andurban place as designated by the Bureau of the Censusbridges before on the Federal-aid systems. having a population of five thousand or more and not Pub. L. 97424, 126(c)(3), inserted provision definingwithin any urbanized area, within boundaries to beFederal lands highways.fixed by responsible State and local officials in co- 9. Page 9TITLE 23HIGHWAYS 101operation with each other, subject to approval by the 1966Subsec. (b). Pub. L. 89574 substituted a ref-Secretary for an area including and adjacent to aerence to sixteen years appropriation for referencemunicipality or other urban place having a populationto fifteen years appropriation and substituted Juneof five thousand or more, as determined by the latest30, 1972 for June 30, 1971.available Federal census, within boundaries to be fixed 1964Subsec. (b). Pub. L. 88423 substituted fifteenby a State highway department subject to the approvalyears for thirteen years and June 30, 1971 forof the Secretary, and required such boundaries, as a June 30, 1969.minimum, to encompass the entire urban place des- 1962Subsec. (a). Pub. L. 87866 inserted definition ofignated by the Bureau of the Census. public lands development roads and trails. Subsec. (b). Pub. L. 9387, 106(a), 107, extended time1960Subsec. (a). Pub. L. 86624 substituted fiftyfor completion of the National System of InterstateStates, the District of Columbia, or Puerto Rico forand Defense Highways, substituting in second par.forty-nine States, the District of Columbia, Hawaii, ortwenty-three years and June 30, 1979 for twentyPuerto Rico in definition of State.years and June 30, 1976, and inserted third par. de-1959Subsec. (a). Pub. L. 8670 substituted forty-claratory of national policy, since the Interstate Sys-nine States, the District of Columbia, Hawaii fortem is now in the final phase of completion, that in-forty-eight States, the District of Columbia, Hawaii,creased emphasis be placed on the construction and re- Alaska in definition of State.construction of the other Federal-aid systems in ac-cordance with the first par. of subsec. (b), in order to EFFECTIVE DATE OF 1998 AMENDMENTbring all of the Federal-aid systems up to standards Pub. L. 105206, title IX, 9016, July 22, 1998, 112 Stat.and to increase the safety of these systems to the max-868, provided that: This title [see Tables for classifica-imum extent. tion] and the amendments made by this title shall take Subsec. (e). Pub. L. 9387, 108, added subsec. (e). 1970Subsec. (a). Pub. L. 91605, 106(a), 117(d), 130, effect simultaneously with the enactment of the Trans-141, inserted definitions of urbanized area and Fed- portation Equity Act for the 21st Century [Pub. L.eral-aid urban system, substituted subsection (e)105178]. For purposes of all Federal laws, the amend-for subsection (d) in definition of Interstate Sys-ments made by this title shall be treated as being in-tem, included within the costs of construction, undercluded in the Transportation Equity Act for the 21stthe definition of construction, relocation assistance, Century at the time of the enactment of such Act [Juneacquisition of replacement housing sites, acquisition, 9, 1998], and the provisions of such Act (including theand rehabilitation, relocation, and construction of re-amendments made by such Act) (as in effect on the dayplacement housing, and substituted acquisition for before the date of enactment of this Act [July 22, 1998])costs of rights-of-way, broadened definition of In-that are amended by this title shall be treated as notdian reservation roads and bridges to include roadsbeing enacted.and bridges on State controlled Indian reservations, EFFECTIVE DATE OF 1991 AMENDMENTtrust lands, and restricted Indian lands, a well as roadsand bridges on such lands under Federal control, and Amendment by Pub. L. 102240 effective Dec. 18, 1991,inserted in definitions of forest highway and public and applicable to funds authorized to be appropriatedlands highways provisions to ensure that these high- or made available after Sept. 30, 1991, and, with certainways be on the Federal-aid systems.exceptions, not applicable to funds appropriated or Subsec. (b). Pub. L. 91605, 104(a), substituted twen-made available on or before Sept. 30, 1991, see sectionty years for eighteen years and June 30, 1976 for1100 of Pub. L. 102240, set out as a note under sectionJune 30, 1974. 104 of this title. Subsec. (c). Pub. L. 91605, 107, substituted any offi-cer or employee in the executive branch of the Federal EFFECTIVE DATE OF 1970 AMENDMENTGovernment for any officer or employee of any de-Section 147 of Pub. L. 91605 provided that: Thepartment, agency, or instrumentality of the executiveamendments made by section 117 [enacting section 510branch of the Federal Government and Highway of this title, amending this section, and renumberingTrust Fund for highway trust fund. sections 511 and 512 of this title], 120 [amending provi- Subsec. (d). Pub. L. 91605, 107, substituted provi-sions set out as a note under section 502 of this title],sions prohibiting expenditure of funds from the High-and 137 of this Act [amending section 506 of this title]way Trust Fund by any department other than the Fed- shall not take effect if before the effective date of thiseral Highway Administration unless these funds are Act [Dec. 31, 1970] the Uniform Relocation Assistanceidentified and included as a line item in an appropria- and Land Acquisition Policies Act of 1970 has been en-tion Act and are to meet obligations incurred under acted into law. The Uniform Relocation Assistancethis title attributable to the construction of Federal and Land Acquisition Policies Act of 1970, enacted asaid highways or for planning, research, or development, Pub. L. 91646, 84 Stat. 1894, was approved Jan. 2, 1971,or as otherwise specifically authorized to be appro- whereas this Act (Title I of Pub. L. 91605) was approvedpriated from the Highway Trust Fund by Federal-aid Dec. 31, 1970, therefore the amendments made by sec-highway legislation for provisions expressing essen- tions 117, 120, and 137 of Title I of Pub. L. 91605 tooktially the same prohibitions but permitting expendi-tures to meet obligations incurred under this title at-effect.tributable to Federal-aid highways, and contracted for EFFECTIVE DATE OF 1968 AMENDMENTin accordance with the Act of March 4, 1915, as amended[section 686 of Title 31, Money and Finance], relating toSection 37 of Pub. L. 90495, as amended by Pub. L.work or services not usually performed by the Federal91605, title I, 120, Dec. 31, 1970, 84 Stat. 1725, providedHighway Administration, or relating to the furnishingthat:of materials, supplies or equipment, and expenditures(a) Except as otherwise provided in subsection (b) ofspecifically identified in the budget and included in an this section, this Act and the amendments made byappropriation Act. this Act [enacting sections 135, 139, 140, 141, and 501 to 1968Subsec. (a). Pub. L. 90495, 8, inserted and 511 of this title, amending this section, sections 103, 104,other areas administered by the Forest Service after 108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138,national forests and national forest in definitions205, 319, and 402 of this title, section 636 of Title 15,of forest road or trail and forest development roads Commerce and Trade, and section 1653 of former Titleand trails.49, Transportation, repealing section 133 of this title, Subsec. (b). Pub. L. 90495, 4(a), substituted a ref- enacting provisions set out as notes under this sectionerence to eighteen years appropriation for referenceand sections 104, 108, 125, 134, 501, 502, and 510 of thisto sixteen years appropriation and substitutedtitle] shall take effect on the date of its enactmentJune 30, 1974 for June 30, 1972. [Aug. 23, 1968], except that until July 1, 1970, sections Subsecs. (c), (d). Pub. L. 90495, 15, added subsecs. (c) 502, 505, 506, 507, and 508 of title 23, United States Code,and (d). as added by this Act, shall be applicable to a State only 10. 101 TITLE 23HIGHWAYS Page 10to the extent that such State is able under its laws to enacting provisions set out as a note under section 9503comply with such sections. Except as otherwise pro- of Title 26, and amending provisions set out as notesvided in subsection (b) of this section, after July 1, 1970,under this section, sections 104, 322, and 402 of thissuch sections shall be completely applicable to all title, and sections 5307, 5309, 5310, and 5338 of Title 49]States. Section 133 of title 23, United States Code, shallmay be cited as the Surface Transportation Extensionnot apply to any State if sections 502, 505, 506, 507, andAct of 2005, Part II.508 of title 23, United States Code, are applicable inPub. L. 10914, 1, May 31, 2005, 119 Stat. 324, providedthat State, and effective July 1, 1970, such section 133that: This Act [amending sections 144, 157, 163, and 188is repealed.of this title, section 777c of Title 16, Conservation, sec-(b) In the case of any State (1) which is required to tions 4481 to 4483, 9503, and 9504 of Title 26, Internalamend its constitution to comply with sections 502, 505,Revenue Code, section 13106 of Title 46, Shipping, and506, 507, and 508 of title 23, United States Code, and (2)sections 5307, 5309, 5338, 31104, and 31107 of Title 49,which cannot submit the required constitutional Transportation, enacting provisions set out as notesamendment for ratification prior to July 1, 1970, the under this section and section 4481 of Title 26, anddate of July 1, 1970, contained in subsection (a) of this amending provisions set out as notes under this sec-section shall be extended to July 1, 1972.tion, sections 104, 322, and 402 of this title, and sections5307, 5309, 5310, and 5338 of Title 49] may be cited as theEFFECTIVE DATE OF 1959 AMENDMENTSurface Transportation Extension Act of 2005.Section 21(e) of Pub. L. 8670 provided that the SHORT TITLE OF 2004 AMENDMENTSamendments made by that section (amending this sec-tion and sections 104, 116, and 120 of this title) are effec- Pub. L. 108310, 1, Sept. 30, 2004, 118 Stat. 1144, pro-tive July 1, 1959.vided that: This Act [amending sections 144, 157, 163,188, and 410 of this title, sections 900 and 901 of Title 2, SHORT TITLE OF 2005 AMENDMENTS The Congress, section 777c of Title 16, Conservation,sections 9503 and 9504 of Title 26, Internal RevenuePub. L. 10959, 1(a), Aug. 10, 2005, 119 Stat. 1144, pro- Code, section 13106 of Title 46, Shipping, and sectionsvided that: This Act [see Tables for classification]5307, 5309, 5338, 31104, and 31107 of Title 49, Transpor-may be cited as the Safe, Accountable, Flexible, Effi- tation, enacting provisions set out as notes under thiscient Transportation Equity Act: A Legacy for Userssection, section 104 of this title, section 9503 of Title 26,or SAFETEALU.and section 5337 of Title 49, amending provisions set outPub. L. 10942, 1, July 30, 2005, 119 Stat. 435, provided as notes under this section, sections 104, 322, and 402 ofthat: This Act [amending section 9503 and 9504 of Title this title, section 901 of Title 2, and sections 5307, 5309,26, Internal Revenue Code, and section 5338 of Title 49,5310, and 5338 of Title 49, and repealing provisions setTransportation, enacting provisions set out as a note out as a note under section 9503 of Title 26] may beunder section 9503 of Title 26, and amending provisions cited as the Surface Transportation Extension Act ofset out as a note under section 104 of this title] may be 2004, Part V.cited as the Surface Transportation Extension Act of Pub. L. 108280, 1, July 30, 2004, 118 Stat. 876, pro-2005, Part VI. vided that: This Act [amending sections 144, 157, 163,Pub. L. 10940, 1, July 28, 2005, 119 Stat. 410, provided and 188 of this title, section 777c of Title 16, Conserva-that: This Act [amending sections 144, 157, 163, and 188tion, sections 9503 and 9504 of Title 26, Internal Revenueof this title, section 777c of Title 16, Conservation, sec- Code, section 13106 of Title 46, Shipping, and sectionstions 9503 and 9504 of Title 26, Internal Revenue Code, 5307, 5309, 5338, 31104, and 31107 of Title 49, Transpor-section 13106 of Title 46, Shipping, and sections 5307, tation, enacting provisions set out as notes under sec-5309, 5338, 31104, and 31107 of Title 49, Transportation, tion 9503 of Title 26, amending provisions set out asenacting provisions set out as a note under section 9503notes under this section, sections 104, 322, and 402 ofof Title 26, and amending provisions set out as notes this title, and sections 5307, 5309, 5310, and 5338 of Titleunder this section, sections 104, 322, and 402 of this49, and repealing provisions set out as a note under sec-title, and sections 5307, 5309, 5310, and 5338 of Title 49] tion 5337 of Title 49] may be cited as the Surfacemay be cited as the Surface Transportation Extension Transportation Extension Act of 2004, Part IV.Act of 2005, Part V. Pub. L. 108263, 1, June 30, 2004, 118 Stat. 698, pro-Pub. L. 10937, 1, July 22, 2005, 119 Stat. 394, provided vided that: This Act [amending sections 144, 157, 163,that: This Act [amending sections 144, 157, 163, and 188and 188 of this title, section 777c of Title 16, Conserva-of this title, section 777c of Title 16, Conservation, sec- tion, sections 9503 and 9504 of Title 26, Internal Revenuetions 9503 and 9504 of Title 26, Internal Revenue Code, Code, section 13106 of Title 46, Shipping, and sectionssection 13106 of Title 46, Shipping, and sections 5307, 5307, 5309, 5338, 31104, and 31107 of Title 49, Transpor-5309, 5338, 31104, and 31107 of Title 49, Transportation, tation, enacting provisions set out as a note under sec-enacting provisions set out as a note under section 9503tion 9503 of Title 26, and amending provisions set out asof Title 26, and amending provisions set out as notes notes under this section, sections 104, 322, and 402 ofunder this section, sections 104, 322, and 402 of thisthis title, and sections 5307, 5309, 5310, 5337, and 5338 oftitle, and sections 5307, 5309, 5310, and 5338 of Title 49] Title 49] may be cited as the Surface Transportationmay be cited as the Surface Transportation Extension Extension Act of 2004, Part III.Act of 2005, Part IV.Pub. L. 108224, 1, Apr. 30, 2004, 118 Stat. 627, providedPub. L. 10935, 1, July 20, 2005, 119 Stat. 379, provided that: This Act [amending sections 144, 157, 163, and 188that: This Act [amending sections 144, 157, 163, and 188of this title, section 777c of Title 16, Conservation, sec-of this title, section 777c of Title 16, Conservation, sec- tions 9503 and 9504 of Title 26, Internal Revenue Code,tions 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307,section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation,5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503enacting provisions set out as a note under section 9503of Title 26, and amending provisions set out as notesof Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of thisunder this section, sections 104, 322, and 402 of thistitle, and sections 5307, 5309, 5310, 5337, and 5338 of Titletitle, and sections 5307, 5309, 5310, and 5338 of Title 49] 49] may be cited as the Surface Transportation Exten-may be cited as the Surface Transportation Extension sion Act of 2004, Part II.Act of 2005, Part III. Pub. L. 108202, 1, Feb. 29, 2004, 118 Stat. 478, providedPub. L. 10920, 1, July 1, 2005, 119 Stat. 346, providedthat: This Act [amending sections 144, 157, 163, and 188that: This Act [amending sections 144, 157, 163, and 188of this title, section 777c of Title 16, Conservation, sec-of this title, section 777c of Title 16, Conservation, sec- tions 9503 and 9504 of Title 26, Internal Revenue Code,tions 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307,section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation,5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 11. Page 11 TITLE 23HIGHWAYS 101of Title 26, and amending provisions set out as notes104, 106, 109, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121,under this section, sections 104, 322, and 402 of this 122, 123, 125, 127, 129, 130, 138, 140, 144, 152, 154, 157, 204,title, and sections 5307, 5309, 5310, 5337, and 5338 of Title210, 215, 217, 307, 315, 319, 321, 323, 401, 402, and 408 of this49] may be cited as the Surface Transportation Exten- title, section 460l11 of Title 16, Conservation, sectionsion Act of 2004. 1761 of Title 18, Crimes and Criminal Procedure, sec- tions 4041, 4051, 4052, 4071, 4081, 4221, 4481, 4482, 4483, 6156,SHORT TITLE OF 2003 AMENDMENT6412, 6420, 6421, 6427, and 9503 of Title 26, Internal Rev-Pub. L. 10888, 1, Sept. 30, 2003, 117 Stat. 1110, pro-enue Code, sections 494 and 1414 of Title 33, sectionsvided that: This Act [amending sections 144, 157, 163, 4601, 4621, 4622, 4623, 4624, 4625, 4626, 4630, 4631, 4633, 4636,188, and 410 of this title, sections 900 and 901 of Title 2, 4638, 4651, and 4655 of Title 42, sections 303 and 10922 ofThe Congress, section 777c of Title 16, Conservation,Title 49, and sections 1602, 1603, 1604, 1607, 1607a, 1607a1,sections 9503 and 9504 of Title 26, Internal Revenue 1607c, 1608, 1612, 1613, 1614, 1617, 1655, 2311, 2314, and 2716Code, section 13106 of Title 46, Shipping, and sectionsof former Title 49, repealing sections 211, 213, 219, and5307, 5309, 5337, 5338, 31104, and 31107 of Title 49, Trans- 322 of this title, sections 498a, 498b, 503 to 507, 526, 526a,portation, enacting provisions set out as notes under529, and 535d of Title 33, and sections 4634 and 4637 of Title 42, enacting provisions set out as notes under thisthis section, section 104 of this title, section 9503 of section, sections 103, 104, 116, 120, 125, 127, 130, 144, 202,Title 26, and section 5337 of Title 49, and amending pro- 307, 401, and 402 of this title, sections 1, 4052, and 4481visions set out as notes under this section, sections 322 of Title 26, section 4601 of Title 42, section 10922 of Titleand 402 of this title, section 901 of Title 2, and sections 49, and sections 1601, 1602, 1608, and 2204 of former Title5309, 5310, and 5338 of Title 49] may be cited as the Sur-49, amending provisions set out as notes under this sec-face Transportation Extension Act of 2003.tion and sections 103, 104, 130, 141, 144, 146, and 401 ofSHORT TITLE OF 1998 AMENDMENTS this title, and repealing provisions set out as notes under sections 114, 130, and 217 of this title and sectionPub. L. 105206, title IX, 9001, July 22, 1998, 112 Stat.526a of Title 33] may be cited as the Surface Transpor-834, provided that: This title [see Tables for classifica- tation and Uniform Relocation Assistance Act of 1987.tion] may be cited as the TEA 21 Restoration Act.Section 101 of title I of Pub. L. 10017 provided that:Pub. L. 105178, 1(a), June 9, 1998, 112 Stat. 107, pro- This title [enacting sections 151, 156, and 409 of thisvided that: This Act [see Tables for classification] title and section 508 of Title 33, Navigation and Navi-may be cited as the Transportation Equity Act for the gable Waters, amending this section, sections 103, 104,21st Century. 106, 109, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121, 122,Pub. L. 105178, title I, 1501, June 9, 1998, 112 Stat.123, 125, 127, 129, 130, 138, 140, 144, 152, 154, 157, 204, 210,241, provided that: This chapter [chapter 1215, 217, 307, 315, 319, 321, 323, 401, and 402 of this title,( 15011504) of subtitle E of title I of Pub. L. 105178,section 1761 of Title 18, Crimes and Criminal Procedure,enacting subchapter II of this chapter, amending sec-sections 494 and 1414 of Title 33, section 303 of Title 49,tion 301 of Title 49, Transportation, and enacting provi-Transportation, and sections 1655, 2311, and 2716 ofsions set out as a note under section 181 of this title] former Title 49, repealing sections 211, 213, 219, and 322may be cited as the Transportation Infrastructure Fi- of this title and sections 498a, 498b, 503 to 507, 526, 526a,nance and Innovation Act of 1998. 529, and 535d of Title 33, enacting provisions set out as notes under this section and sections 103, 104, 116, 120,SHORT TITLE OF 1997 AMENDMENT125, 127, 130, 144, 202, 307, and 402 of this title, amendingPub. L. 105130, 1, Dec. 1, 1997, 111 Stat. 2552, provided provisions set out as notes under this section and sec-that: This Act [amending sections 104, 321, 326, and 410 tions 103, 104, 130, 141, 144, and 146 of this title, and re-of this title, sections 9503, 9504, and 9511 of Title 26, In-pealing provisions set out as notes under sections 114,ternal Revenue Code, and sections 111, 5309, 5337, 5338, 130, and 217 of this title and section 526a of Title 33]30308, and 31104 of Title 49, Transportation, enacting may be cited as the Federal-Aid Highway Act of 1987.provisions set out as notes under section 104 of thisSHORT TITLE OF 1983 AMENDMENTStitle and section 9503 of Title 26, and amending provi- Section 1 of Pub. L. 97424 provided: That this Actsions set out as notes under this section and section 307 [enacting section 157 of this title, sections 4051 to 4053of this title] may be cited as the Surface Transpor- and 9503 of Title 26, Internal Revenue Code, and sec-tation Extension Act of 1997. tions 1601c, 1607a, 1607a1, 1617, 1618, and 2301 to 2315 ofSHORT TITLE OF 1995 AMENDMENTformer Title 49, Transportation, amending section 713c3 of Title 15, Commerce and Trade, sections 460l11Section 1(a) of Pub. L. 10459 provided that: This Act and 1606a of Title 16, Conservation, sections 101, 101[enacting section 161 of this title, amending this sec-notes, 103, 103 note, 105, 109, 112, 113, 114, 115, 116, 118,tion, sections 103, 104, 106, 109, 111, 112, 115, 116, 120, 122, 119, 120, 122, 125, 127, 130 notes, 137, 139, 140, 141, 142, 144,127, 129, 130, 131, 133, 134, 141, 144, 149, 152, 153, 217, 303, 150, 152, 201, 202, 203, 204, 210, 214, 217, 218, 307, 307 note,306, 307, 323, 409, and 410 of this title, sections 1261 and 401 note, and 402 of this title, sections 39, 44E, 46, 48, 103,1262 of Title 16, Conservation, sections 7506 and 12186 of 165 note, 167, 168, 274, 851, 852, 874, 882, 3304 note, 3454,Title 42, The Public Health and Welfare, and sections4041, 4061, 4063, 4071, 4081, 4101, 4102, 4221, 4222, 4481, 4482,5316, 5331, 20140, 30308, 31112, 31136, 31306, and 45102 of4483, 6049, 6156, 6201, 6206, 6362, 6412, 6416, 6420, 6421, 6427,Title 49, Transportation, repealing section 154 of this6504, 6675, 7210, 7603, 7604, 7605, 7609, 7610, and 9502 oftitle, enacting provisions set out as notes precedingTitle 26, section 1414 of Title 33, Navigation and Navi-section 101 of this title and under this section, sections gable Waters, sections 602 and 1382a of Title 42, The104, 109, 130, 141, 153, 154, 307, 309, 401, and 408 of this Public Health and Welfare, sections 1474, 1475, and 1479title, section 403 of Title 16, section 7511a of Title 42, of former Title 46, Shipping, section 1273 of Title 46, Ap-and section 31136 of Title 49, amending provisions set pendix, sections 10927 note, 11909 and 11914 of Title 49,out as notes under this section and sections 104, 109, and sections 1602, 1603, 1604, 1607c, 1608, 1611, 1612, 1614,127, 149, and 307 of this title, and repealing provisions2204, 2205, 2206 of former Title 49, repealing sections 101set out as notes preceding section 101 of this title and notes, 104 note, and 206 to 209 of this title, sections 120under section 112 of this title] may be cited as the Na-note, 4091 to 4094, and 6424 of Title 26, and sections 1602tional Highway System Designation Act of 1995.note, 1604a, 1617, and 1618 of former Title 49, and enact-SHORT TITLE OF 1987 AMENDMENTing provisions set out as notes under this section, sec- tions 103, 104, 105, 109, 111, 119, 120, 125, 144, 146, 154, 307,Section 1(a) of Pub. L. 10017 provided that: This Act 401, and 408 of this title, section 713c3 of Title 15, sec-[enacting sections 151, 156, and 409 of this title, sectiontions 1, 39, 46, 165, 274, 3304, 4041, 4051, 4061, 4071, 4081,508 of Title 33, Navigation and Navigable Waters, sec- 4481, 6012, 6427, and 9503 of Title 26, section 602 of Titletion 4604 of Title 42, The Public Health and Welfare,42, and sections 1601, 1612, and 2315 of former Title 49]and sections 1607a2, 1619, 1620, and 1621 of former Title may be cited as the Surface Transportation Assistance49, Transportation, amending this section, sections 103, Act of 1982. 12. 101TITLE 23HIGHWAYSPage 12Section 101 of title I of Pub. L. 97424 provided that: title, amending this section and sections 103, 104, 106,This title [enacting section 157 of this title, amending108, 117, 118, 121, 125, 127, 129, 131, 135, 138 to 140, 142, 147,this section and sections 103, 105, 109, 112, 113, 114, 115,152, 153, 202, 203, 217, 219, 319, and 320 of this title, repeal-116, 118, 119, 120, 122, 125, 127, 137, 139, 140, 142, 144, 150,ing sections 146 and 405 of this title, enacting provi-152, 201, 202, 203, 204, 210, 214, 217, 218, and 307 of thissions set out as notes under this section, sections 103,title, repealing sections 101 notes, 104 note, and 206 to 104, 124, 134, 135, 215, 218, 319, and 320 of this title, and209 of this title, and enacting provisions set out as section 1605 of former Title 49, Transportation, andnotes under this section, sections 103, 104, 105, 109, 111, amending provisions set out as notes under this sec-119, 120, 125, 144, and 146 of this title, and section 2315 tion, sections 120, 130, and 142 of this title, and sectionof former Title 49, Transportation] may be cited as the 1605 of former Title 49] may be cited as the Federal-AidHighway Improvement Act of 1982.Highway Act of 1976.Section 1 of Pub. L. 97327, Oct. 15, 1982, 96 Stat. 1611, SHORT TITLE OF 1974 AMENDMENTprovided: That this Act [amending section 144 of thistitle, provisions set out as notes under this section and Pub. L. 93643, 1, Jan. 4, 1975, 88 Stat. 2281, provided:section 130 of this title, and enacting provisions set outThat this Act [enacting sections 141, 154, 155, 219, andas notes under section 104 of this title] may be cited as 406, amending this section and sections 103, 115, 127, 129,the Federal-Aid Highway Act of 1982.131, 136, 144, 208, 320, 322, 323, and 405, enacting provi-sions set out as notes under this section, sections 142,SHORT TITLE OF 1981 AMENDMENT217, and 320, amending provisions set out as notes underPub. L. 97134, 13, Dec. 29, 1981, 95 Stat. 1703, providedthis section and sections 130 and 142, and repealing pro-that: This Act [amending sections 104, 119, and 139 ofvisions set out as a note under this section] may bethis title and enacting provisions set out as notes cited as the Federal-Aid Highway Amendments ofunder this section and section 104 of this title] may be1974.cited as the Federal-Aid Highway Act of 1981. SHORT TITLE OF 1973 AMENDMENTSHORT TITLE OF 1978 AMENDMENT Pub. L. 9387, title I, 101, Aug. 13, 1973, 87 Stat. 250,Section 1 of Pub. L. 95599 provided: That this Act provided that: This title [enacting sections 145 to 150,[enacting sections 119, 146, and 407 of this title, and sec-217, 218, 323, and 324 of this title and section 1602a oftions 16021, 1607, 1614, 1615, 1616, 1617 and 1618 of former former Title 49, Transportation, amending this sectionTitle 49, Transportation, amending this section, sec- and sections 103 to 105, 108, 109, 114, 117, 121, 126, 129, 135,tions 103, 104, 105, 109, 111, 116, 118, 120, 122, 124, 125, 129, 140, 142, 143, 149, 207, 303, 307 to 310, 312, 314, and 320 of131, 134, 141, 144, 148, 151, 152, 154, 155, 215, 217, 219, 320,this title, and enacting provisions set out as notes402, and 406 of this title, section 1418 of Title 15, Com-under this section, sections 103, 104, 120, 130, 142, 218,merce and Trade, section 460l11 of Title 16, Conserva- 307, 319, and 320 of this title, and sections 1608 and 1637tion, sections 39, 4041, 4061, 4071, 4081, 4481, 4482, 6156,of former Title 49] may be cited as the Federal-Aid6412, 6421, 6427, 7210, 7603, 7604, 7605, 7609, and 7610 of Highway Act of 1973.Title 26, Internal Revenue Code, section 201 of former SHORT TITLE OF 1970 AMENDMENTTitle 40, Appendix, Public Buildings, Property, andWorks, sections 303, 1602, 1603, 1604, 1607b, 1607c, 1608,Pub. L. 91605, title I, 101, Dec. 31, 1970, 84 Stat. 1713,1611, 1612, and 1613 of former Title 49, repealing sectionprovided that: This title [enacting sections 142, 143,153 of this title and sections 1607, 1607a, and 1614 of 215, 216, 321, and 510 of this title, amending this sectionformer Title 49, and enacting provisions set out as and sections 103, 104, 105, 106, 109, 120, 125, 128, 129, 131,notes under this section, sections 103, 104, 109, 111, 120, 134, 135, 136, 139, 140, 303, 307, 320, 506, 511, 512 of this title122, 124, 129, 130, 134, 135, 141, 142, 144, 146, 215, 217, 307,and section 517 of Title 33, Navigation and Navigable320, 401, 402, and 403 of this title, section 6427 of Title 26, Waters, and enacting provisions set out as notes undersection 201 of former Title 40, Appendix, section 5904 of this section and sections 104, 120, 129, 131, 134, 215, 216,Title 42, The Public Health and Welfare, section 883 of 303, 307, 320, and 510 of this title] may be cited as theTitle 46, Appendix, Shipping, and sections 1601, 1602,Federal-Aid Highway Act of 1970.1604, 1605, 1612, and 1653 of former Title 49] may be cited SHORT TITLE OF 1968 AMENDMENTas the Surface Transportation Assistance Act of 1978.Section 101 of title I of Pub. L. 95599 provided that: Pub. L. 90495, 1, Aug. 23, 1968, 82 Stat. 815, providedThis title [enacting sections 119 and 146 of this title,that: This Act [enacting sections 135, 139, 140, and 141amending this section, sections 103, 104, 105, 109, 111,of this title, amending this section, sections 103, 104,116, 118, 120, 122, 124, 125, 129, 131, 134, 141, 144, 148, 151,108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138,152, 155, 203, 215, 217, 219, 320, and 406 of this title, and 205, 319, 402, and 501 to 512 of this title, section 636 ofsection 201 of former Title 40, Appendix, Public Build- Title 15, Commerce and Trade, section 1653 of formerings, Property and Works, repealing section 153 of this Title 49, Transportation, and provisions set out as atitle and provisions set out as notes under this sectionnote under this section, repealing section 133 of thisand section 1605 of Title 42, The Public Health and Wel-title and enacting provisions formerly set out as notesfare, and enacting provisions set out as notes underunder this section and sections 104, 108, 125, 134, 501, 502,this section, sections 103, 104, 109, 111, 120, 122, 124, 129,and 510 of this title] may be cited as the Federal-Aid130, 134, 135, 141, 142, 144, 146, 217, 307, and 320 of thisHighway Act of 1968.title, section 201 of former Title 40, Appendix, section SHORT TITLE OF 1966 AMENDMENT5904 of Title 42, section 883 of Title 46, Appendix, Ship-ping, and section 1653 of former Title 49, Transpor-Pub. L. 89574, 1, Sept. 13, 1966, 80 Stat. 766, providedtation] may be cited as the Federal-Aid Highway Actthat: This Act [enacting sections 120 and 138 of thisof 1978. title, amending this section and sections 104, 109, 118,Section 501 of Pub. L. 95599 provided that: This title 120, 125, 131, 136, 302, and 319 of this title, and enacting[amending section 460111 of Title 16, Conservation, sec- provisions set out as notes under this section and sec-tions 39, 4041, 4061, 4071, 4081, 4481, 4482, 6156, 6412, 6421, tions 106, 108, 125, 133, and 137 of this title] may be cited6427, 7210, 7603, 7604, and 7605 of Title 26, Internal Rev- as the Federal-Aid Highway Act of 1966.enue Code, and enacting provisions set out as notesunder sections 120 and 307 of this title and section 6427SHORT TITLE OF 1965 AMENDMENTof Title 26] may be cited as the Highway Revenue Act Pub. L. 89285, 403, Oct. 22, 1965, 79 Stat. 1033, pro-of 1978. vided that: This Act [enacting sections 136 of this titleand provisions set out as notes under sections 131 andSHORT TITLE OF 1976 AMENDMENT135 of this title and amending sections 131 and 319 ofPub. L. 94280, title I, 101, May 5, 1976, 90 Stat. 425,this title] may be cited as the Highway Beautificationprovided that: This title [enacting section 156 of this Act of 1965. 13. Page 13 TITLE 23HIGHWAYS 101SHORT TITLE OF 1964 AMENDMENTCommerce under this title and under specific related laws and parts of laws set out in the notes in this titlePub. L. 88423 1, Aug. 13, 1964, 78 Stat. 397, provided relating generally to highways and highway and trafficthat: This Act [amending this section and sections safety transferred to and vested in Secretary of Trans-104, 205, 209, and 320 of this title] may be cited as the portation by Pub. L. 89670, Oct. 15, 1966, 80 Stat. 931,Federal-Aid Highway Act of 1964. which created Department of Transportation. See sec-SHORT TITLE OF 1963 AMENDMENTtion 102 of Title 49, Transportation, and Pub. L. 97449, 2, Jan. 12, 1983, 96 Stat. 2439.Pub. L. 88157, 1, Oct. 24, 1963, 77 Stat. 276, provided:That this Act [amending sections 104, 106, 109, 121, 131, PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCEand 307 of this title] may be cited as the Federal-AidPub. L. 10959, title I, 1301, Aug. 10, 2005, 119 Stat.Highway Amendments Act of 1963. 1198, provided that: (a) FINDINGS.Congress finds the following:SHORT TITLE OF 1962 AMENDMENT (1) Under current law, surface transportation pro-Pub. L. 87866, 1, Oct. 23, 1962, 76 Stat. 1145, providedgrams rely primarily on formula capital apportion-that: This Act [enacting sections 133, 134 and 214 ofments to States.this title, amending this section and sections 103, 104,(2) Despite the significant increase for surface203, and 307 of this title, and enacting provisions set outtransportation program funding in the Transpor-as a note under section 307 of this title] may be citedtation Equity Act of the 21st Century [Pub. L. 105178,as the Federal-Aid Highway Act of 1962.see Tables for classification], current levels of invest- ment are insufficient to fund critical high-cost trans-SHORT TITLE OF 1961 AMENDMENTportation infrastructure facilities that address crit- ical national economic and transportation needs.Pub. L. 8761, title I, 101, June 29, 1961, 75 Stat. 122, (3) Critical high-cost transportation infrastruc-provided that: This Act [enacting section 6156 of Titleture facilities often include multiple levels of govern-26, Internal Revenue Code, amending sections 111, 131ment, agencies, modes of transportation, and trans-and 210 of this title and sections 4041, 4061, 4071, 4081, portation goals and planning processes that are not4218, 4221, 4226, 4481, 4482, 6412, 6416, 6421, and 6601 ofeasily addressed or funded within existing surfaceTitle 26, enacting provisions set out as notes under thistransportation program categories.section and section 104 of this title and under section (4) Projects of national and regional significance4041 of Title 26, and amending provisions set out as have national and regional benefits, including im-notes under this section and section 120 of this title]proving economic productivity by facilitating inter-may be cited as the Federal-Aid Highway Act of 1961. national trade, relieving congestion, and improving transportation safety by facilitating passenger andSHORT TITLE OF 1960 AMENDMENT freight movement.Pub. L. 86657, 1, July 14, 1960, 74 Stat. 522, provided(5) The benefits of projects described in paragraphthat: This Act [enacting section 132 of this title and (4) accrue to local areas, States, and the Nation as aamending sections 104, 114, 120, 129, 203, 205, 210, and 305 result of the effect such projects have on the nationalof this title] may be cited as the Federal Highway Acttransportation system.of 1960. (6) A program dedicated to constructing projects of national and regional significance is necessary toSHORT TITLE OF 1959 AMENDMENTimprove the safe, secure, and efficient movement ofPub. L. 86342, title I, 101, Sept. 21, 1959, 73 Stat. 611,people and goods throughout the United States andprovided that: This Act [amending sections 125, 131, improve the health and welfare of the national econ-137, and 320 of this title, and sections 4041, 4081, 4082, omy. (b) ESTABLISHMENT OF PROGRAM.The Secretary [of4226, 6412, 6416, and 6421 of Title 26, Internal Revenue Transportation] shall establish a program to provideCode, enacting notes set out under section 307 of this grants to States for projects of na