VOL. II. HIGHWAY LAWS NOT REPEALED BY TITLE 23, U.S.C., AND SELECTED LAWS ENACTED AFTER 1958 CODIFICATION

FEDERAL-AID HIGHWAY ACT OF 1954

Public Law 350, 83d Cong., May 6, 1954, 68 Stat. 70

AN ACT To amend and supplement the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), as amended and supplemented, to authorize appropriations for continuing the construction of highways, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 14. For the purpose of expediting the interstate planning and coordination of a continuous Great River Road and appurtenances thereto traversing the Mississippi Valley from Canada to the Gulf of Mexico in general conformity with the provisions of title 23, United States Code, and with the recommended plan set forth in the joint report submitted to the Congress November 28, 1951, by the Secretaries of Commerce and Interior pursuant to the Act of August 24, 1949 (Public Law 262, Eighty-first Congress), there is hereby authorized to be expended by the Secretary of Commerce from general administrative funds not to exceed $500,000; the amount expended under this section shall be apportioned among the ten States bordering the Mississippi River on the basis of their relative needs as determined by the Secretary of Commerce.1

FEDERAL-AID HIGHWAY ACT OF 1956-Title I

Public Law 627, 84th Cong., June 29, 1956, 70 Stat. 374

AN ACT To amend and supplement the Federal-Aid Road Act approved July 11, 1916, to authorize appropriations for continuing the construction of highways; to amend the Internal Revenue Code of 1954 to provide additional revenue from the taxes on motor fuel, tires, and trucks and buses; and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

for each fiscal year shall be available for expenditure as follows: (A) 45 per centum for projects on the Federal-aid primary highway system. (B) 30 per centum for projects on the Federal-aid secondary highway system. (C) 25 per centum for projects on extensions of these systems within urban

areas.

*

1 Amended by Public Law 88-660, Oct. 13, 1964 (78 Stat. 1092).

Sec. 108. National System of Interstate and Defense Highways

(b) AUTHORIZATION OF APPROPRIATIONS.-For the purpose of expediting the construction, reconstruction, or improvement, inclusive of necessary bridges and tunnels, of the Interstate System, including extensions thereof through urban areas, designated in accordance with the provisions of subsection (d) of section 103 of title 23, United States Code, there is hereby authorized to be appropriated the additional sum of $1,000,000,000 for the fiscal year ending June 30, 1957, which sum shall be in addition to the authorization heretofore made for that year, the additional sum of $1,700.000.000 for the fiscal year ending June 30, 1958, the additional sum of $2,200,000,000 for the fiscal year ending June 30, 1959, the additional sum of $2,500,000.000 for the fiscal year ending June 30, 1960, the additional sum of $1.800,000,000 for the fiscal year ending June 30, 1961, the additional sum of $2.200,000,000 for the fiscal year ending June 30, 1962, the additional sum of $2,400,000,000 for the fiscal year ending June 30, 1963, the additional sum of $2,600,000,000 for the fiscal year ending June 30, 1964, the additional sum of $2.700,000,000 for the fiscal year ending June 30, 1965, the additional sum of $2,800.000.000 for the fiscal year ending June 30, 1966, the additional sum of $3,000,000,000 for the fiscal year ending June 30, 1967, the additional sum of $3.000.000,000 for the fiscal year ending June 30, 1968, the additional sum of $3,000,000,000 for the fiscal year ending June 30, 1969, the additional sum of $3,000.000.000 for the fiscal year ending June 30, 1970, and the additional sum of $2,885,000,000 for the fiscal year ending June 30, 1971.1

(c) APPORTIONMENT FOR 1957, 1958, AND 1959.-The additional sums herein authorized for the fiscal years ending June 30, 1957, June 30, 1958, and June 30, 1959, shall be apportioned among the several States in the following manner: one-half in the ratio which the population of each State bears to the total population of all the States, as shown by the latest available Federal census: Provided, That no State shall receive less than three-fourths of 1 per centum of the money so apportioned; and one-half in the manner now provided by law for the apportionment of funds for the Federal-aid primary system. The additional sum herein authorized for the fiscal year ending June 30, 1957, shall be apportioned immediately upon enactment of this Act. The additional sums herein authorized for the fiscal years ending June 30, 1958, and June 30, 1959, shall be apportioned on a date not less than six months and not more than twelve months in advance of the beginning of the fiscal year for which authorized.

FEDERAL-AID HIGHWAY ACT OF 1958

Public Law 85-381, 85th Cong., April 16, 1958, 72 Stat. 89

AN ACT To amend and supplement the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), as amended and supplemented, and the Act approved June 29, 1956 (70 Stat. 374), to authorize appropriations for continuing the construction of highways, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Sec. 2. Additional authorization of appropriation of Federal-aid primary, secondary, and urban funds

(a) AMOUNT AND APPORTIONMENT.-For the purpose of carrying out the provisions of the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), and all Acts amendatory thereof and supplementary thereto, there is hereby authorized

1 Amended by sec. 7(a) of Public Law 85-381, Apr. 16, 1958 (72 Stat. 89), and by sec. 102 of Public Law 86-342. Sept. 21, 1959 (73 Stat. 611): and superseded and supplemented by sec. 103 of Public Law 87-61. June 29, 1961 (75 Stat. 122); further amended by sec. 1 of Public Law 89–139, Aug. 28, 1965 (79 Stat. 578).

to be appropriated for the fiscal year ending June 30, 1959, $400,000,000 in addition to any sums heretofore authorized for such fiscal year. The sum herein authorized shall be apportioned: (A) 45 per centum for projects on the Federalaid primary highway system, (B) 30 per centum for projects on the Federal-aid secondary highway system, and (C) 25 per centum for projects on extensions of these systems within urban areas among the several States immediately upon enactment of this Act in the manner now provided by law and in accordance with the formulas set forth in section 4 of the Federal-Aid Highway Act of 1944, approved December 20, 1944 (58 Stat. 838), using the same percentage distribution as was used in the apportionment of Federal-aid highway funds heretofore authorized for the fiscal year ending June 30, 1959.

(b) AVAILABILITY FOR EXPENDITURE.-The amounts authorized to be appropriated in section 2(a) herein shall be available for expenditure pursuant to contracts awarded or work commenced by the State highway departments prior to December 1, 1958, for completion of construction prior to December 1, 1959, subject to delays caused by circumstances and conditions beyond the control of, and without the fault of any contractor on such contracts, and delays created by acts of God. Any amounts apportioned to a State under provisions of this section remaining unexpended on December 1, 1958, shall lapse: Provided, That such funds shall be deemed to have been expended when covered by contracts awarded or work commenced prior to December 1, 1958, and on account of which formal agreements with the Secretary of Commerce are entered into prior to January 1, 1959, for specific projects.

(c) EXPENDITURE WITHOUT LIMITATION AS TO SYSTEM.-The sums apportioned under this section shall be available for expenditure for projects on the primary or secondary Federal-aid systems, including extensions of these systems within urban areas, without limitation as to the amount of any class of funds, primary, secondary, or urban, apportioned for projects on any system.

(d) FEDERAL SHARE. The Federal share payable on account of any project provided for by funds made available under the provisions of this section shall not exceed 66% per centum of the total cost thereof plus, in any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 per centum of the total area of all lands therein, a percentage of the remaining 33% per centum of such cost equal to the percentage that the area of such lands in such State is of its total area : Provided, That such Federal share payable on any project in any State shall not exceed 95 per centum of the total cost of such project.

(e) AUTHORIZATION OF APPROPRIATION FOR INCREASING FEDERAL SHARE.-For the purpose of assisting any State in meeting the requirements for State funds to match any sums apportioned to such State under the provisions of this section, there is hereby authorized to be appropriated the sum of $115,000,000, which sum may be used by the Secretary of Commerce upon the request of any State to increase the Federal share payable on account of any project provided for by funds made available under the provisions of this section: Provided, That the amount of such increase of the Federal share shall not exceed two-thirds of the State's share of the cost of such project.

(f) REPAYMENT OF AMOUNTS USED TO INCREASE FEDERAL SHARE.-The total amount of such increases in the Federal share as are made pursuant to subsection (e) above, shall be repaid to the Federal Government by making deductions of sums equal to the amounts so expended for projects on the Federalaid primary highway system, the Federal-aid secondary highway system and extensions of such systems in urban areas in two equal annual installments from the amounts available to such State for expenditure on such highways under any apportionment of funds herein or hereafter authorized to be appropriated therefor for the fiscal years ending June 30, 1961, and June 30, 1962.

(g) CONTRACT AUTHORITY.-Approval by the Secretary of Commerce of any project on account of which the Federal share is increased under the provisions of this section shall be deemed a contractual obligation of the Federal Government for the payment of such increase in the Federal share, and its expenditure shall be governed by the provisions of subsection (b) of this section.

(h) DECLARATION OF INTENT.-It is hereby declared to be the intent of the Congress that the sum authorized under subsection (a) of this section shall be supplementary to, and not in lieu of, any other sum heretofore or herein authorized for expenditure on the Federal-aid primary or secondary systems, including extensions of these systems within urban areas, and is made available for the purpose of immediate acceleration of the rate of highway construction on these systems beyond that being accomplished with funds heretofore authorized.

774-535 0-66

-5

53

Sec. 3. Forest highways and forest development roads and trails

(a) AUTHORIZATION OF APPROPRIATIONS.-For the purpose of carrying out the provisions of section 23 of the Federal Highway Act of 1921 (42 Stat. 218), as amended and supplemented, there is hereby authorized to be appropriated (1) for forest highways the additional sum of $5,000,000 for the fiscal year ending June 30, 1959, and the sum of $33,000,000 for each of the fiscal years ending June 30, 1960, and June 30, 1961; and (2) for forest development roads and trails the additional sum of $5,000,000 for the fiscal year ending June 30, 1959, and the sum of $30,000,000 for each of the fiscal years ending June 30, 1960, and June 30, 1961: *** Provided further, That the additional sum authorized under this subsection for forest highways for the fiscal year ending June 30, 1959, shall be apportioned for expenditure in each State, Alaska, and Puerto Rico immediately upon enactment of this Act: Provided further, That the additional amount herein authorized for the fiscal year ending June 30, 1959, and the amounts authorized herein for forest highways for each of the fiscal years ending June 30, 1960, and June 30, 1961, shall be apportioned for expenditure in each State, Alaska, and Puerto Rico in the same percentage as the amounts apportioned for expenditure in each State, Alaska, and Puerto Rico from funds authorized for forest highways for the fiscal year ending June 30, 1958: * **

FEDERAL HIGHWAY ACT OF 1960

Public Law 86-657, 86th Cong., July 14, 1960, 74 Stat. 522

AN ACT To authorize appropriations for the fiscal years 1962 and 1963 for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 6. (a) The amount of all Federal-aid highway funds paid on account of those sections of Federal-aid Interstate Route 95 in the States of Delaware and Maryland from a point in the vicinity of Farnhurst, Delaware, to a point in the vicinity of the proposed Whitemarsh Interchange in Baltimore County, Maryland, proposed as the location for a toll express highway, shall, prior to the collection of tolls thereon, be repaid to the Treasurer of the United States and the amount so repaid shall be deposited to the credit of the appropriation for "Federal-Aid Highways (Trust Fund)." At the time of such repayment, the Federal-aid projects with respect to which such funds have been repaid and any other Federal-aid project located on such sections of said Interstate Route and programed for Federal-aid participation shall be canceled and withdrawn from the Federal-aid highway program. Any amount so repaid, together with the unpaid balance of any amount programed for expenditure on any such project, shall be credited to the unprogramed balance of Federal-aid highway funds of the same class last apportioned to the States, respectively. The amount so credited shall be available for expenditure in accordance with the provisions of title 23, United States Code, as amended or supplemented.

(b) Upon the repayment of Federal-aid highway funds and the cancellation and withdrawal from the Federal-aid highway program of all projects on said sections of Federal-aid Interstate Route 95, as provided in subsection (a) of this section, such sections of said route shall become and be free of any and all restrictions contained in title 23, United States Code, as amended or supplemented, or in any regulation thereunder, with respect to the imposition and collection of tolls or other charges thereon or for the use thereof.

ALASKA OMNIBUS ACT

Public Law 86-70, 86th Cong., June 25, 1959, 73 Stat. 141

AN ACT To amend certain laws of the United States in light of the admission of the State of Alaska into the Union, and for other purposes

Highways

SEC. 21. (a) The Secretary of Commerce shall transfer to the State of Alaska by appropriate conveyance without compensation, but upon such terms and conditions as he may deem desirable, all lands or interests in lands, including buildings and fixtures, all personal property, including machinery, office equipment, and supplies, and all records pertaining to roads in Alaska, which are owned, held, administered by, or used by the Secretary in connection with the activities of the Bureau of Public Roads in Alaska, (i) except such lands or interests in lands, including buildings and fixtures, personal property, including machinery, office equipment, and supplies, and records as the Secretary may determine are needed for the operations, activities, and functions of the Bureau of Public Roads in Alaska after such transfers, including services or functions performed pursuant to section 44 of this Act; and (ii) except such lands or interests in lands as he or the head of any other Federal agency may determine are needed for continued retention in Federal ownership for purposes other than or in addition to road purposes.

(b) Notwithstanding any other provision of this section, any contract entered into by the Federal Government in connection with the activities of the Bureau of Public Roads in Alaska which has not been completed on the date of the transfer provided under subsection (a) hereof may be completed according to the terms thereof.

(c) (1) The State of Alaska shall be responsible for the maintenance of roads, including bridges, tunnels, and ferries, transferred to it under subsection (a) of this section, as long as any such road is needed for highway purposes.

(2) Federal-aid funds apportioned to Alaska under title 23, United States Code, for fiscal year 1960 and prior fiscal years, and unobligated on the date of enactment of this Act, may be used for maintenance of highways on the Federal-aid systems in Alaska.

(f) Notwithstanding the limitation contained in subsection (f) of section 120 of title 23, United States Code, the Secretary of Commerce is authorized to make expenditure from the emergency fund under section 125 of such title for the repair or reconstruction of highways on the Federal-aid highway systems of Alaska which have been damaged or destroyed by the 1964 earthquake and subsequent seismic waves, in accordance with the Federal share payable under subsection (a) of section 120 of such title. The increase in expenditures resulting from the difference between the Federal share authorized by this subsection and that authorized by subsection (f) of section 120 of such title shall be reimbursed to the emergency fund by an appropriation from the general fund of the Treasury: Provided, That such increase in expenditures shall not exceed $15,000,000 in the aggregate.1

Transitional Grants

SEC. 44. (a) In order to assist the State of Alaska in accomplishing an orderly transition from Territorial status to statehood, and in order to facilitate the assumption by the State of Alaska of responsibilities hitherto performed in Alaska by the Federal Government, there are hereby authorized to be appropriated to the President, for the purpose of making transitional grants to the State of Alaska, the sum of $10,500,000 for the fiscal year ending June 30, 1960; the sum of $6,000,000 for each of the fiscal years ending June 30, 1961, and June 30, 1962; the sum of $3,000,000 for each of the fiscal years ending June 30, 1963, and June 30, 1964; and the sum of $23,500,000 for the period ending June 30, 1966.2 (b) The Governor of Alaska may submit to the President a request that a Federal agency continue to provide services or facilities in Alaska for an interim period, pending the provision of such services or facilities by the State of Alaska. Such interim period shall not extend beyond June 30, 1966. In the event of such request, and in the event of the approval thereof by the President, the President may allocate, at his discretion, to such agency the funds necessary

1 Amended by sec. 3, of Public Law 88-451, Aug. 19, 1964 (78 Stat. 505). 2 Amended by sec. 1 of Public Law 88-311, May 27, 1964 (78 Stat. 201).