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VOL. I. TITLE 23, UNITED STATES CODE

"HIGHWAYS”, and SECTIONS 2, 3, 4, and 5, of PUBLIC LAW 85–767, AUG. 27, 1958

TITLE 23, UNITED STATES CODE="HIGHWAYS"

Chapter 1–FEDERAL-AID HIGHWAYS

Sec.

101. Definitions and declaration of policy.
102. Authorizations.
103. Federal-aid systems.
104. Apportionment.
105. Programs.
106. Plans, specifications, and estimates.
107. Acquisition of rights-of-way-Interstate System.
108. Advance acquisition of rights-of-way.
109. Standards.
110. Project agreements.
111. Use of and access to rights-of-way-Interstate System.
112. Letting of contracts.
113. Prevailing rate of wage-Interstate System.
114. Construction.
115. Construction by States in advance of apportionment-Interstate

System.
116. Maintenance.
117. Secondary road responsibility.
118. Availability of sums apportioned.
119. Administration of Federal-aid for highways in Alaska. 1
120. Federal share payable.
121. Payment to States for construction.
122. Payment to States for bond retirement.
123. Relocation of utility facilities.
124. Advances to States.
125. Emergency relief.
126. Diversion.
127. Vehicle weight and width limitations-Interstate System.
128. Public hearings.
129. Toll roads, bridges, tunnels, and ferries.2 .
130. Railway-highway crossings.
131. Control of outdoor advertising. 2a
132. Payments on Federal-aid Projects Undertaken by a Federal

Agency. 3

1 Repealed by sec. 21(d) of Public Law 86–70, June 25, 1959 (73 Stat. 141). 1 Amended by sec. 8(b) of Public Law 86-657, July 14, 1960 (74 Stat. 522). la Revised by sec. 102 of Public Law 89-285, Oct. 22, 1965 (79 Stat. 1030). • New sec. added by sec. 4 of Public Law 86-657, July 14, 1960 (74 Stat. 522).

Chapter 1-FEDERAL-AID HIGHWAYS-Continued

Sec.
133. Relocation assistance."
134. Transportation planning in certain urban areas.5
135. Highway Safety program.5a

136. Control of junkyards.5b Chapter 2-OTHER HIGHWAYS

Sec.
201. Authorizations.
202. Apportionment or allocation.
203. Availability of funds.
204. Forest highways.
205. Forest development roads and trails.
206. Park roads and trails.
207. Parkways.
208. Indian reservation roads.
209. Public lands highways.
210. Defense access roads.
211. Timber access road hearings.
212. Inter-American Highway.
213. Rama Road.

214. Public lands development roads and trails.6 Chapter 3—GENERAL PROVISIONS

Sec.
301. Freedom from tolls.
302. State highway department.
303. Bureau organization.
304. Participation by small-business enterprises.
305. Archeological and paleontological salvage.
306. Mapping.
307. Research and planning.
308. Cooperation with Federal and State agencies and foreign countries.
309. Cooperation with other American Republics.
310. Civil Defense.
311. Highway improvements strategically important to the national defense.
312. Detail of Army, Navy, and Air Force officers.
313. Highway Safety Conference.
314. Relief of employees in hazardous work.
315. Rules, regulations, and recommendations.
316. Consent by United States to conveyance of property.
317. Appropriation for highway purposes of lands or interests in lands

owned by the United States.
318. Highway relocation due to airport.
319. Landscaping and scenic enhancement.ba
320. Bridges on Federal dams.

4 New sec. added by sec. 5 of Public Law 87-866. Oct. 23, 1962 (76 Stat. 1145). 5 New sec. added by sec. 9 of Public Law 87-866, Oct. 23, 1962 (76 Stat. 1145). 5a New sec. added by sec. 4 of Public Law 89-139, Aug. 28, 1965 (79 Stat. 578). 5b Amended by sec. 202 of Public Law 89-285, Oct. 22, 1965 (79 Stat. 1032).

New sec. added by sec. 6 of Public Law 87-366, Oct. 23, 1962 (76 Stat. 1145). 6a Amended by sec. 301 of Public Law 89-285, Oct. 22, 1965 (79 Stat. 1032).

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Chapter 1–FEDERAL-AID HIGHWAYS Sec. 101. Definitions and declaration of policy

(a) 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 locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the Coast and Geodetic Survey in the Department of Commerce), costs of rights-of-way, and elimination of hazards of railway grade crossings.

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 “forest road or trail” means a road or trail wholly or partly within or adjacent to and serving the national forests.

The term "forest development roads and trails” means those forest roads or trails of primary importance for the protection, administration, and utilization of the national forests, or where necessary, for the use and development of the resources upon which communities within or adjacent to the national forests are dependent.

The term "forest highway” means a forest road which is of primary importance to the States, counties, or communities within, adjoining, or adjacent to the national forests.

The term "highway includes roads, streets, and parkways, and also includes rights-of-way, bridges, railroad-highway crossings, tunnels, drainage structures, signs, guardrails, and protective structures, in connection with highways. It further includes that portion of any interstate or international bridge or tunnnel and the approaches thereto, the cost of which is assumed by a State highway 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 located on one of the Federal-aid systems described in section 103 of this title.

The term "Indian reservation roads and bridges” means roads and bridges that are located within an Indian reservation or that provide access to an Indian reservation or Indian land, and that are jointly designated by the Secretary of the Interior and the Secretary as a part of the Indian Bureau road system.

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 roads and trails” means those roads 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.

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.

The term “project agreement” means the formal instrument to be executed by the State highway 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 main highways through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations.

The term “rural areas” means all areas of a State not included in urban areas.

The term “Secretary” means Secretary of Commerce.

The term “State” means any one of the fifty States, the District of Columbia, or Puerto Rico.8

The term “State funds” includes funds raised under the authority of the State or any political or other subdivision thereof, and made available for expenditure under the direct control of the State highway department.

The term “State highway 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.

The term "Federal-aid primary system” means the Federal-aid highway system described in subsection (b) of section 103 of this title.

The term “Federal-aid secondary system" means the Federal-aid highway system described in subsection (c) of section 103 of this title.

The term “Interstate System" means the National System of Interstate and Defense Highways described in subsection (d) of section 103 of this title.

The term "urban area” means an area including and adjacent to a municipality or other urban place having a population of five thou

7 Amended by sec. 6(a) of Public Law 87-866. Oct. 23. 1962 (76 Stat. 1145).

& Amended by sec. 21 (e) (1) of Public Law 86-70, June 25, 1959 (73 Stat. 141), and by sec. 17 (a) of Public Law 86--624, July 12, 1960 (74 Stat. 411).

sand 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.

(b) It is hereby declared to be in the national interest to accelerate the construction of the Federal-aid highway systems, including the National 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 National 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 fifteen years' appropriations authorized for the purpose of expediting its construction, reconstruction, or improvement, inclusive of necessary tunnels and bridges, through the fiscal year ending June 30, 1971, 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. Sec. 102. Authorizations

The provisions of this title apply to all unappropriated authorizations contained in prior Acts, and also to all unexpended appropriations heretofore made, providing for the expenditure of Federal funds upon the Federal-aid systems. All such authorizations and appropriations shall continue in full force and effect, but hereafter obligations entered into and expenditures made pursuant thereto shall be subject to the provisions of this title. Sec. 103. Federal-aid systems

(a) For the purposes of this title, the three Federal-aid systems, the primary and secondary systems, and the Interstate System, are continued pursuant to the provisions of this section.

(b) The Federal-aid primary system shall consist of an adequate system of connected main highways, selected or designated by each State through its State highway department, subject to the approval of the Secretary as provided by subsection (e) of this section. This system shall not exceed 7 per centum of the total highway mileage of such State, exclusive of mileage within national forests, Indian, or other Federal reservations and within urban areas, as shown by the records of the State highway department on November 9, 1921. Whenever provision has been made by any State for the completion and maintenance of 90 per centum of its Federal-aid primary system, as originally designated, said State through its State highway department by and with the approval of the Secretary is authorized to in

9 Amended by sec. 3 of Public Law 88-423, Aug. 13, 1964 (78 Stat. 397).

774–5350—66—2

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