Chapter 1.-FEDERAL-AID HIGHWAYS-Continued Sec. 133. Repealed." 134. Transportation planning in certain urban areas.10 137. Fringe and corridor parking facilities.13 138. Preservation of parklands.1 139. Additions to Interstate System.15 140. Equal employment opportunity.10 141. Enforcement of requirements.17 142. Public transportation.18 143. Economic growth center development highways.10 144. Special bridge replacement program.20 145. Federal-State relationship."1 146. Repealed.22 147. Priority primary routes.23 148. Development of a national scenic and recreational highway." 150. Allocation of urban system funds.20 151. Pavement marking demonstration program." 152. Projects for high-hazard locations.28 153. Program for the elimination of roadside obstacles.20 154. National maximum speed limit.20a a 155. Access highways to public recreation areas on certain lakes. 29b • Added by sec. 5, Public Law 87-866, Oct. 23, 1962 (76 Stat. 1145), and repealed by sec. 139 (c), Public Law 94-280, May 5, 1976 (90 Stat. 443–444). 10 Added by sec. 9, Public Law 87-866, Oct. 23, 1962 (76 Stat. 1145). "Former section added by sec. 4, Public Law 89–139, Aug. 28, 1965 (79 Stat. 578), which was repealed by sec. 102(b)(1), Public Law 89-564, Sept. 9, 1966 (80 Stat. 731); new section added by sec. 10, Public Law 90-495, Aug. 23, 1968 (82 Stat. 815), and retitled by sec. 123(b), Public Law 94-280, May 5, 1976 (90 Stat. 439). 12 New section added by sec. 202, Public Law 89-285, Oct. 22, 1965 (79 Stat. 1028). 13 Added to replace former section by sec. 134 (a) and (b) Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). "Added by sec. 15, Public Law 89-574, Sept. 13, 1966 (80 Stat. 766). 15 Added by sec. 16, Public Law 90-495, Aug. 23, 1968 (82 Stat. 815). 16 Added by sec. 22, Public Law 90-495, Aug. 23, 1968 (82 Stat. 815). 17 Amended by sec. 107(a) of Public Law 93-643, Jan. 4, 1975 (88 Stat. 2284). 18 Added by sec. 111, Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713); amended by sec. 121, Public Law 93-87, Aug. 13, 1973 (87 Stat. 259–261). 19 Added by sec. 127, Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 20 Added by sec. 204, Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 21 Added by sec. 123(a), Public Law 93-87, Aug. 13, 1973 (87 Stat. 262). 22 Added by sec. 125(b), Public Law 93-87, Aug. 13, 1973 (87 Stat. 263), and repealed by sec. 128 (b), Public Law 94-280, May 5, 1976 (90 Stat. 440). 23 Added by sec. 126(b), Public Law 93-87, Aug. 13, 1973 (87 Stat. 264). 29 c 306.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. 313. Repealed. 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 land or interests in lands, owned by the United States. 318. Highway relocation due to airport. 319. Landscaping and scenic enhancement." 320. Bridges on Federal dams. 30 Added by sec. 6, Public Law 87-866, Oct. 23, 1962 (72 Stat. 1145). Added by sec. 112, Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713), analysis does not conform to section catchline. Added by sec. 113, Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 33 Added by sec. 124(b), Public Law 93-87, Aug. 13, 1973 (87 Stat. 262). 34 Added by sec. 122(a), Public Law 93-643, Jan. 4, 1975 (88 Stat. 2289) and retitled by sec. 135(b), Public Law 94-280, May 5, 1976 (90 Stat. 442). 346 35 Amended by sec. 152(4), Public Law 93-87, Aug. 13, 1973 (87 Stat. 276). II-3 Chapter 3.-GENERAL PROVISIONS—Continued Sec. 321. National Highway Institute.” 322. Demonstration project-rail crossings.38 323. Donations.30 324. Prohibition of discrimination on the basis of sex." Chapter 4.-HIGHAY SAFETY Sec. 401. Authority of the Secretary. 402. Highway safety programs. 403. Highway safety research and development. 404. National Highway Safety Advisory Committee. 405. Repealed."1 406. School bus driver training."" 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 National Oceanic and Atmospheric Administration in the Department of Commerce), resurfacing, restoration, and rehabilitation, acquisition of rights-of-way, relocation assistance, elimination of hazards of railway grade crossings, acquisition of replacement housing sites, acquisition and rehabilitation, relocation, and construction of replacement housing, and improvements which directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and passenger loading and unloading areas.12 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 "Added by sec. 115, Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 41 New sec. added by sec. 230 (b) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 253), and repealed by sec. 135(d), Public Law 94-280, May 5, 1976 (90 Stat. 442), and repealed by sec. 135 (c) of Public Law 94-280, May 5, 1976 (90 Stat. 442). 41 Added by sec. 126(a) of Public Law 93-643, Jan. 4, 1975 (88 Stat. 2291). 42 Amended by sec. 105(a)(1) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 253), nd amended by sec. 108(a)(1), Public Law 94-280, May 5, 1976 (90 Stat. 431). within or adjacent to and serving the national forests and other areas administered by the Forest Service.43 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 forest and other areas administered by the Forest Service or, where necessary, for the use and development of the resources upon which communities within or adjacent to the national forest and other areas administered by the Forest Service are dependent."4 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, and which is on a Federal-aid system." 45 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 tunnel 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, including roads and bridges on the Federal-aid systems, that are located within or provide access to an Indian reservation or Indian trust land or restricted Indian land which is not subject to fee title alienation without the approval of the Federal Government, or Indian and Alaska Native villages, groups, or communities in which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians.46 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. 45 The term "parkway" as used in chapter 2 of this title means a parkway 43.4 Amended by sec. 8 of Public Law 90-495, Aug. 23, 1968 (82 Stat. 815). Amended by sec. 141(1) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). Amended by sec. 105(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 253); and amended by sec. 102(b) of Public Law 93-643, Jan. 4, 1975 (88 Stat. 2281). 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.47 The term "public lands highways" means those main highways through unappropriated or unreserved public lands, nontaxable Indian lands or other Federal reservations, which are on the Federal-aid Systems. 48 The term "public road” means any road or street under the jurisdiction of and maintained by a public authority and open to public travel. 48a The term "rural areas" means all areas of a State not included in urban areas. The term "Secretary" means Secretary of Transportation.49 The term "urbanized areas" means an area so designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Such boundaries shall, as a minimum, encompass the entire urbanized area within a State as designated by the Bureau of the Census.50 The term "State" means any one of the fifty States, the District of Columbia, or Puerto Rico.5 51 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. Amended by sec. 6(a) of Public Law 87-866, Oct. 23, 1962 (76 Stat. 1145). 48 Amended by sec. 141(2) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 48 Added by sec. 108(b) of Public Law 94-280, May 5, 1976 (90 Stat. 431). Transferred to the Secretary of Transportation by sec. 6(a) of Public Law 89-670, Oct. 15, 1966 (80 Stat. 931); and amended by section 152(1) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 253). 50 51 Amended by sec. 105(a) of Public Law 93-87. Aug. 13, 1973 (87 Stat. 253). Amended by sec. 21(e)(1) of Public Law 86–70, June 25, 1959 (73 Stat. 141), nd by sec. 17(a) of Public Law 86-624, July 12, 1960 (74 Stat. 411). |