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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.
130. Railway-highway crossings.
131. Control of outdoor advertising. 2a
132. Payments on Federal-aid Projects Undertaken by a Federal

Agency. 3

· Repealed by sec. 21(d) of Public Law 86–70, June 25, 1959 (73 Stat. 141).
: Amended by sec. 5(b) of Public Law 86-657, July 14, 1960 (74 Stat. 522).
3. 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.sa

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. 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.6a
320. Bridges on Federal dams.

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).
56 Amended by sec. 202 of Public Law 89-285, Oct. 22, 1965 (79 Stat. 1032).
• New sec. added by sec. 6 of Public Law 87-866, Oct. 23, 1962 (76 Stat. 1145).
6a Amended by sec. 301 of Public Law 89,285, Oct. 22, 1965 (79 Stat. 1032).

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.

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