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."

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.

The term "parkway" as used in chapter 2 of this title means a parkway

43. “ Amended by sec. 8 of Public Law 90-495, Aug. 23, 1968 (82 Stat. 815). 45 Amended by sec. 141(1) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 4 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."

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.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). Amended by sec. 141(2) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 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).

49

Amended by sec. 105(a) of Public Law 93-87. Aug. 13, 1973 (87 Stat. 253). 51 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).

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

The term "Federal-aid urban system" means the Federal-aid highway system described in subsection (d) of section 103 of this title.52

The term "Interstate System" means the National System of Interstate and Defense Highways described in subsection (e) of section 103 of this title. 53

The term "urban area" means an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized areas in each such State, or an urban place as designated by the Bureau of the Census having a population of five thousand or more and not within any urbanized area, 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 urban place designated by the Bureau of the Census, except in the case of cities in the State of Maine and in the State of New Hampshire.54

(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 thirty-four years' appropriations authorized for the purposes of expediting its construction, reconstruction, or improvement, inclusive of necessary tunnels and bridges, through the fiscal year ending September 30, 1990 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.55

52 Added by sec. 106(a)(2) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). 63 Amended by sec. 106(a)(3) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713).

Amended by sec. 107 of Public Law 93-87, Aug. 13, 1973 (87 Stat. 253), and by sec. 108 (a) (2) of Public Law 94-280, May 5, 1976 (90 Stat. 431).

Amended by sec. 3 of Public Law 88-423, Aug. 13, 1964 (78 Stat. 397); sec. 4 (a) of Public Law 89-574, Sept. 13, 1966 (80 Stat 766); sec. 4(a) of Public Law 90-495, Aug. 23, 1968 (82 Stat. 815); sec. 104(a) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713); sec. 106(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 253); and sec. 107(a) of Public Law 94-280, May 5, 1976 (90 Stat. 430).

It is further declared that since the Interstate System is now in the final phase of completion it shall be the national policy that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems in accordance with the first paragraph of this subsection, in order to bring all of the Federal-aid systems up to standards and to increase the safety of these systems to the maximum extent.56

(c) It is the sense of Congress that under existing law no part of any sums authorized to be appropriated for expenditure upon any Federal-aid system which has been apportioned pursuant to the provisions of this title shall be impounded or withheld from obligation, for purposes and projects as provided in this title, by any officer or employee in the executive branch of the Federal Government, except such specific sums as may be determined by the Secretary of the Treasury, after consultation with the Secretary of Transportation, are necessary to be withheld from obligation for specific periods of time to assure that sufficient amounts will be available in the Highway Trust Fund to defray the expenditures which will be required to be made from such fund.57

(d) No funds authorized to be appropriated from the Highway Trust Fund shall be expended by or on behalf of any Federal department, agency, or instrumentality other than the Federal Highway Administration unless funds for such expenditures are identified and included as a line item in an appropriation Act and are to meet obligations of the United States heretofore or hereafter incurred under this title attributable to the construction of Federal-aid highways or highway planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation.58

(e) It is the national policy that to the maximum extent possible the procedures to be utilized by the Secretary and all other affected heads of Federal departments, agencies, and instrumentalities for carrying out this title and any other provision of law relating to the Federal highway programs shall encourage the substantial minimization of paperwork and interagency decision procedures and the best use of available manpower and funds. so as to prevent needless duplication and unnecessary delays at all levels of government.59

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 Federalaid 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.

Added by sec. 107 of Public Law 93-87, Aug. 13, 1973 (87 Stat. 254).

7 Amended by sec. 107 of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). New subsecs. (c) and (d) added by sec. 15 of Public Law 90-495, Aug. 23, 1968 (82 Stat. 815); and sec. 107 of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). Added by sec. 108 of Public Law 93-87, Aug. 13, 1973 (87 Stat. 255).

Sec. 103. Federal-aid systems.

(a) For the purposes of this title, the four Federal-aid systems, the primary system, the urban system, the secondary system, and the Interstate System, are established and continued pursuant to the provisions of this section.60

(b) (1) 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 (f) 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 increase the mileage of its Federal-aid primary system by additional mileage equal to not more than 1 per centum of the total mileage of said State as shown by the records on November 9, 1921. Thereafter, it may make like 1 per centum increases in the mileage of its Federal-aid primary system whenever provision has been made for the completion and maintenance of 90 per centum of the entire system, including the additional mileage previously authorized. This system may be located both in rural and urban areas. The mileage limitations in this paragraph shall not apply to the District of Columbia, Hawaii, Alaska, or Puerto Rico.

(b) (2) After June 30, 1976, the Federal-aid primary system shall consist of an adequate system of connected main roads important to interstate, statewide, and regional travel, consisting of rural arterial routes and their extensions into or through urban areas. The Federal-aid primary system shall be designated by each State acting through its State highway department and where appropriate, shall be in accordance with the planning process pursuant to section 134 of this title, subject to the approval of the Secretary as provided by subsection (f) of this section.61

(c) (1) The Federal-aid secondary system shall be selected by the State highway departments and the appropriate local road offiicials in cooperation with each other, subject to approval by the Secretary as provided in subsection (f) of this section. In making such selections, farm-to-market roads, rural mail routes, public school bus routes, local rural roads, access roads to airports, county roads, township roads, and roads of the county road class may be included, so long as they are not on the Federal-aid primary system or the Interstate System. This system may be located both in rural and urban areas, but any extension of the system into urban areas shall be sub

Amended by sec. 106(b) (3) of Public Law 91-605, Dec. 31, 1970 (84 Stat. 1713). "Added by sec. 148(a) of Public Law 93-87, Aug. 13, 1973 (87 Stat. 274).