bridge. Not less than 15 per centum nor more than 35 per centum of the amount apportioned to each State in each of the fiscal years ending September 30, 1979, September 30, 1980, September 30, 1981, and September 30, 1982, shall be expended for projects to replace or rehabilitate highway bridges located on public roads, other than those on a Federal aid system. The Secretary after consultation with State and local officials may, with respect to a State, reduce the requirement for expenditure for bridges not on a Federal aid system when he determines that such State has inadequate needs to justify such expenditure.152b (h) Notwithstanding any other provision of law, the General Bridge Act of 1946 (33 U.S.C. 525-533) shall apply to bridges authorized to be replaced, in whole or in part, by this section, except that subsection (b) of section 502 of such Act of 1946 and section 9 of the Act of March 3, 1899 (30 Stat. 1151) shall not apply to any bridge constructed, reconstructed, rehabilitated, or replaced with assistance under this title, if such bridge is over waters which are not subject to the ebb and flow of the tide, and which are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce. (i) The Secretary shall report annually on projects approved under this section, shall annually revise and report the current inventories authorized by subsection (b) and (c) of this section, and shall report such recommendations as he may have for improvement of the program authorized by this section. (j) Sums apportioned to a State under this section shall be made available for obligation throughout such State on a fair and equitable basis. (k) Not later than six months after the date of enactment of this subsection, and periodically thereafter, the Secretary shall review the procedure used in approving or disapproving applications submitted under this section to determine what changes, if any, may be made to expedite such procedure. Any such changes shall be implemented by the Secretary as soon as possible. Not later than nine months after the date of enactment of this subsection, the Secretary shall submit a report to Congress which describes such review and such changes, including any recommendations for legislative changes. (1) Notwithstanding any other provision of law, any bridge which is owned and operated by an agency (1) which does not have taxing powers, (2) whose functions include operating a federally assisted public transit system subsidized by toll revenues, shall be eligible for assistance under this section but the amount of such assistance shall in no event exceed the cumulative amount which uch agency has expended for capital and operating costs to subsidize such transit system. Before authorizing an expenditure of funds under the subsection, the Secretary shall determine that the applicant agency has insufficient reserves, surpluses, and projected revenues (over and 152b Amended by sec. 8(a), Public Law 96-106, Nov. 9, 1979 (93 Stat. 797). 1 above those required for bridge and transit capital and operating costs) to fund the necessary bridge replacement or rehabilitation project. (m) As used in this section the term "rehabilitate" in any of its forms means major work necessary to restore the structural integrity of a bridge as well as work necessary to correct a major safety defect.1520 Sec. 145. Federal-State relationship. The authorization of the appropriation of Federal funds or their availability for expenditure under this chapter shall in no way infringe on the sovereign rights of the State to determine which projects shall be federally financed. The provisions of this chapter provide for a federally assisted State program.153 Sec. 146. Carpool and vanpool projects.154 (a) In order to conserve fuel, decrease traffic congestion during rush hours, improve air quality, and enhance the use of existing highways and parking facilities, the Secretary may approve for Federal financial assistance from funds apportioned under sections 104(b) (1), 104(b) (2), and 104(b) (6) of this title, projects designed to encourage the use of carpools and vanpools. (As used hereafter in this section, the term "carpool" includes a vanpool.) Such a project may include, but is not limited to, such measures as providing carpooling opportunities to the elderly and handicapped, systems for locating potential riders and informing them of convenient carpool opportunities, acquiring vehicles appropriate for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, and designating existing facilities for use as preferential parking for carpools. (b) A project authorized by this section shall be subject to and carried out in accordance with all provisions of this title, except those provisions which the Secretary determines are inconsistent with this section. Sec. 147. Priority primary routes.155 (a) High traffic sections of highways on the Federal-aid primary system which connect to the Interstate System shall be selected by each State highway department, in consultation with appropriate local officials, subject to approval by the Secretary, for priority of improvement to supplement the service provided by the Interstate System by furnishing needed adequate traffic collector and distributor facilities. For the purpose of this section such highways shall hereafter in this section be referred to as "priority primary routes.” 152e Amended by sec. 7(b), Public Law 96-106, Nov. 9, 1979 (93 Stat. 797). 15 New section added by sec. 123(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 261-262). 154 Added by sec. 125(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 262-263); repealed by sec. 128 of Public Law 94-280, May 5, 1976 (90 Stat. 440); new section added by section 126(a) of Public Law 95-599, Nov. 6, 1978 (92 Stat. 2705-2706). 135 Added by sec. 126(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 263–264); amended by sec. 130 of Public Law 94-280, May 5, 1976 (90 Stat. 440). (b) The Federal share of any project on a priority primary route shall be that provided in section 120 (a) of this title. All provisions of this title applicable to the Federal-aid primary system shall be applicable to the priority primary routes selected under this section. (c) The initial selection of the priority primary routes and the estimated cost of completing such routes shall be reported to Congress on or before July 1, 1974. (d) There is authorized to be appropriated out of the Highway Trust Fund to carry out this section not to exceed $100,000 for the fiscal year ending June 30, 1974, $200,000,000 for the fiscal year ending June 30, 1975, and $300,000,000 for the fiscal year ending June 30, 1976. Sec. 148. Development of a national scenic and recreational highway.156 (a) As soon as possible after the date of enactment of this section, the Secretary shall establish criteria for the location and construction or reconstruction of the Great River Road by the ten States bordering the Mississippi River. Such criteria shall include requirements that (1) priority be given in the location of the Great River Road near or easily accessible to the larger population centers of the State and further priority be given to the construction and improvement of the Great River Road in the proximity of the confluence of the Mississippi River and the Wisconsin River; (2) the Great River Road be connected with other Federal-aid highways and preferably with the Interstate System; (3) the Great River Road be marked with uniform identifying signs; (4) effective control, as defined in section 131 of this title, of signs, displays, and devices will be provided along the Great River Road; (5) the provisions of section 129(a) of this title shall not apply to any bridge or tunnel on the Great River Road and no fees shall be charged for the use of any facility constructed with assistance under this section except for parks, recreational areas, and historical sites operated by State or local governments where admission fees may be charged to cover operational costs.156a (b) For the purpose of this section, the term "construction" includes the acquisition of areas of historical, archeological, or scientific interest, necessary easements for scenic purposes, and the construction or reconstruction of roadside rest areas (including appropriate recreational facilities), scenic viewing areas, and other appropriate facilities as determined by the Secretary. (c) Highways constructed or reconstructed pursuant to this section. (except subsection (f)) shall be part of the Federal-aid system. 150 Added by sec. 129 (b) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 265-266). 156 Amended by sec. 125 (b) of Public Law 95-599, Nov. 6, 1978 (92 Stat. 2705). (d) Funds appropriated for each fiscal year pursuant to subsection (g) shall be apportioned among the ten States bordering the Mississippi River on the basis of their relative needs as determined by the Secretary for payments to carry out this section. (e) The Federal share of the cost of any project for any construction or reconstruction pursuant to the preceding subsections of of this section shall be that provided in section 120 of this title for the Federal-aid system on which such project is located, and if such project is not on such a system, such share shall be 75 per centum of such cost. 156b (f) The Secretary is authorized to consult with the heads of other Federal departments and agencies having jurisdiction over Federal lands open to the public in order to enter into appropriate arrangements for necessary construction or reconstruction of highways on such lands to carry out this section. Highways constructed or reconstructed by a State pursuant to this section which are not on a Federal-aid system, and highways constructed or reconstructed under this subsection, shall be subject to the criteria applicable to highways constructed or reconstructed pursuant to subsection (c) of this section. Funds authorized pursuant to subsection (g) shall be used to pay the entire cost of construction or reconstruction pursuant to the first sentence of this subsection. (g) There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund, for construction or reconstruction of roads on a Federal-aid highway system, not to exceed $10,000,000 for the fiscal year ending June 30, 1974, $25,000,000 for the fiscal year ending June 30, 1975, and $25,000,000 for the fiscal year ending June 30, 1976, for allocations to the States pursuant to this section, and there is authorized to be appropriated to carry out this section out of any money in the Treasury not otherwise appropriated, not to exceed $10,000,000 for each of the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, for construction and reconstruction of roads not on a Federal-aid highway system. (h) The Secretary is authorized to provide for the construction of such spur highways as he determines necessary to connect the Great River Road, by the most direct feasible routes, with existing bridges across the Mississippi for the purpose of providing persons traveling such road with access to significant scenic, historical, recreational, or archeological features on the opposite of the Mississippi River from the Great River Road.1 Sec. 149. Truck lanes.157 156c The Secretary may approve as a project on any Federal-aid system the construction of exclusive or preferential truck lanes. 154b Amended by sec. 129 (d) of Public Law 95-599, Nov. 6, 1978 (92 Stat. 2707). Sec. 150. Allocation of urban system funds.158 The funds apportioned to any State under paragraph (6) of subsection (b) of section 104 of this title that are attributable to urbanized areas of 200,000 population or more shall be made available for expenditure in such urbanized areas for projects in programs approved under subsection (d) of section 105 of this title in accordance with a fair and equitable formula developed by the State which formula has been approved by the Secretary. Such formula shall provide for fair and equitable treatment of incorporated municipalities of 200,000 or more population. Whenever such a formula has not been developed and approved for a State, the funds apportioned to any State under paragraph (6) of subsection (b) of section 104 of this title which are attributable to urbanized areas having a population of 200,000 or more shall be allocated among such urbanized areas within such State for projects in programs approved under subsection (d) of section 105 of this title in the ratio that the population within each such urbanized area bears to the population of all such urbanized areas, or parts thereof within such State. In the expenditure of funds allocated under the preceding sentence, fair and equitable treatment shall be accorded incorporated municipalities of 200,000 or more population. Sec. 151. Pavement marking demonstration program.159 (a) Congress hereby finds and declares it to be in the vital interest of the Nation that a pavement marking demonstration program be established to enable the several States to improve the pavement marking of all highways to provide for greater vehicle and pedestrian safety. (b) Notwithstanding the provisions of the last sentence of subsection (a) of section 105 of this title, the Secretary may approve under this section. such pavement marking projects on any highway whether or not on any Federal-aid system, but not included in the Interstate System, as he may find necessary to bring such highway to the pavement marking standards issued or endorsed by the Federal Highway Administrator. (c) In approving projects under this section, the Secretary shall give priority to those projects which are located in rural areas.159a (d) The entire cost of projects approved under subsections (b) and (f) of this section shall be paid from sums authorized to carry out this section. (e) For the purpose of carrying out the provisions of this section by the Federal Highway Administration, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1974, $25,000,000, and for each of the fiscal years ending June 30, 1975, and June 30, 1976, out of the Highway Trust Fund, the sum of $75,000,000. Such sums shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under this chapter for the Federal-aid primary system. On 158 Added by sec. 157(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 277–278). 150 Added by sec. 205 (a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 284-285). 150 Amended by sec. 207(a) and (b) of Public Law 94-280, May 5, 1976 (90 Stat. 454). |