-CITE- 23 USC CHAPTER 1 - FEDERAL-AID HIGHWAYS 01/02/2006 -EXPCITE- TITLE 23 - HIGHWAYS CHAPTER 1 - FEDERAL-AID HIGHWAYS -HEAD- CHAPTER 1 - FEDERAL-AID HIGHWAYS -MISC1- Sec. 101 Definitions and declaration of policy. 102. Program efficiencies. 103. Federal-aid systems. 104. Apportionment. 105. Equity bonus program. 106. Project approval and oversight. 107. Acquisition of rights-of-way - Interstate System. 108. Advance acquisition of real property. 109. Standards. 110. Revenue aligned budget authority. 111. Agreements relating to use of and access to rights-of-way - Interstate System. 112. Letting of contracts. 113. Prevailing rate of wage. 114. Construction. 115. Advance construction. 116. Maintenance. 117. High priority projects program. 118. Availability of funds. 119. Interstate maintenance program. 120. Federal share payable. 121. Payment to States for construction. 122. Payments to States for bond and other debt instrument financing. 123. Relocation of utility facilities. 124. Advances to States. 125. Emergency relief. 126. Uniform transferability of Federal-aid highway funds. 127. Vehicle weight limitations - Interstate System. 128. Public hearings. 129. Toll roads, bridges, tunnels, and ferries. 130. Railway-highway crossings. 131. Control of outdoor advertising. 132. Payments on Federal-aid projects undertaken by a Federal agency. 133. Surface transportation program. 134. Metropolitan transportation planning. 135. Statewide transportation planning. 136. Control of junkyards. 137. Fringe and corridor parking facilities. 138. Preservation of parklands. 139. Efficient environmental reviews for project decisionmaking. 140 Nondiscrimination. 141. Enforcement of requirements. 142. Public transportation. 143. Highway use tax evasion projects. 144. Highway bridge replacement and rehabilitation program. 145. Federal-State relationship. 146. Carpool and vanpool projects. 147. Construction of ferry boats and ferry terminal facilities. 148. Highway safety improvement program. 149. Congestion mitigation and air quality improvement program. [150. Repealed.] 151. National bridge inspection program. 152. Hazard elimination program. 153. Use of safety belts and motorcycle helmets. 154. Open container requirements. 155. Access highways to public recreation areas on certain lakes. 156. Proceeds from the sale or lease of real property. 157. Safety incentive grants for use of seat belts. 158. National minimum drinking age. 159. Revocation or suspension of drivers' licenses of individuals convicted of drug offenses. 160. Reimbursement for segments of the Interstate System constructed without Federal assistance. 161. Operation of motor vehicles by intoxicated minors. 162. National scenic byways program. 163. Safety incentives to prevent operation of motor vehicles by intoxicated persons. 164. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence. 165. Puerto Rico highway program. 166. HOV facilities. AMENDMENTS 2005 - Pub. L. 109-59, title I, Sec. 1801(b), title VI, Sec. 6002(c), Aug. 10, 2005, 119 Stat. 1456, 1865, which directed amendment of the analysis for "such subchapter" by adding items 139 and 147 and by striking out former item 147 "Priority primary routes", was executed by making the amendment to the analysis for this chapter which did not contain subchapters to reflect the probable intent of Congress and the amendment by Pub. L. 109-59, Sec. 1602(e)(1). See below. Pub. L. 109-59, title I, Sec. 1602(b)(6)(A), (e)(1), Aug. 10, 2005, 119 Stat. 1247, before item 101, struck out item for subchapter I "GENERAL PROVISIONS", and at end, struck out item for subchapter II "INFRASTRUCTURE FINANCE", items 181 "Definitions", 182 "Determination of eligibility and project selection", 183 "Secured loans", 184 "Lines of credit", 185 "Program administration", 186 "State and local permits", 187 "Regulations", 188 "Funding", and 189 "Report to Congress", and subchapter I heading "GENERAL PROVISIONS". Pub. L. 109-59, title I, Secs. 1104(b), 1120(b), 1121(b)(2), 1401(a)(2), 1601(i), title VI, Sec. 6001(c), Aug. 10, 2005, 119 Stat. 1165, 1192, 1196, 1225, 1243, 1857, added items 105, 134, 135, 148, 165, 166, and 185 and struck out former items 105 "Minimum guarantee", 134 "Metropolitan planning", 135 "Statewide planning", 148 "Development of a national scenic and recreational highway", and 185 "Project servicing". 1999 - Pub. L. 106-159, title I, Sec. 102(b), Dec. 9, 1999, 113 Stat. 1753, struck out item 110 "Uniform transferability of Federal- aid highway funds", added item 126, and made technical amendment to item 163. 1998 - Pub. L. 105-178, title I, Secs. 1103(l)(5), 1226(d), 1405(b), 1406(b), as added by Pub. L. 105-206, title IX, Secs. 9002(c)(1), 9003(a), 9005(a), July 22, 1998, 112 Stat. 834, 837, 843, struck out item 126 "Diversion" and item 150 "Allocation of urban system funds", and added items 154 and 164. Pub. L. 105-178, title I, Secs. 1104(b), 1105(b), 1106(c)(2)(A), 1114(b)(1), 1203(n), 1219(b), 1301(d)(2), 1303(b), 1305(d), 1310(b), 1403(b), 1404(b), 1503(b), 1601(c), June 9, 1998, 112 Stat. 129, 131, 136, 154, 179, 221, 226, 227, 229, 235, 240, 241, 250, 256, added item for subchapter I, substituted "Minimum guarantee" for "Programs" in item 105, "Project approval and oversight" for "Plans, specifications, and estimates" in item 106, "Advance acquisition of real property" for "Advance acquisition of rights-of-way" in item 108, and "Revenue aligned budget authority" for "Project agreements" in item 110, added item 110 relating to uniform transferability of Federal-aid highway funds, substituted "High priority projects program" for "Certification acceptance" in item 117, made technical amendment to item 134, struck out item 139 "Additions to Interstate System", substituted "Highway use tax evasion projects" for "Economic growth center development highways" in item 143, "Proceeds from the sale or lease of real property" for "Income from airspace rights-of-way" in item 156, and "Safety incentive grants for use of seat belts" for "Minimum allocation" in item 157, added items 162 and 163, item for subchapter II, and items 181 to 189, and added subchapter I heading before section 101. 1995 - Pub. L. 104-59, title II, Sec. 205(d)(2), title III, Secs. 311(c), 320(b), Nov. 28, 1995, 109 Stat. 577, 584, 590, substituted "Payments" for "Payment" and "and other debt instrument financing" for "retirement" in item 122, struck out item 154 "National maximum speed limit", and added item 161. 1991 - Pub. L. 102-240, title I, Secs. 1007(a)(2), 1008(c), 1009(e)(2), 1014(b), 1016(f)(3), 1024(c)(1), 1025(b), 1031(a)(2), Dec. 18, 1991, 105 Stat. 1930, 1933, 1934, 1942, 1946, 1962, 1965, 1973, substituted "Program efficiencies" for "Authorizations" in item 102, substituted "maintenance program" for "System resurfacing" in item 119, added item 133, substituted "Metropolitan planning" for "Transportation planning in certain urban areas" in item 134, substituted "Statewide planning" for "Traffic operations improvement programs" in item 135, substituted "Congestion mitigation and air quality improvement program" for "Truck lanes" in item 149, and added items 153 and 160. Pub. L. 102-143, title III, Sec. 333(b), (c), Oct. 28, 1991, 105 Stat. 947, added item 159 and repealed Pub. L. 101-516, Sec. 333(b), which added former item 159. See 1990 Amendment note below. 1990 - Pub. L. 101-516, title III, Sec. 333(b), Nov. 5, 1990, 104 Stat. 2186, which added item 159, was repealed by Pub. L. 102-143, title III, Sec. 333(c), Oct. 28, 1991, 105 Stat. 947. Section 333(d) of Pub. L. 102-143 provided that the amendments made by section 333 of Pub. L. 101-516 shall be treated as having not been enacted into law. 1987 - Pub. L. 100-17, title I, Secs. 113(d)(2), 114(e)(5), 125(b)(1), 126(b), 133(b)(1), Apr. 2, 1987, 101 Stat. 150, 153, 167, 171, substituted "Advance construction" for "Construction by States in advance of apportionment" in item 115, and "Availability of funds" for "Availability of sums apportioned" in item 118, struck out "and width" after "Vehicle weight" in item 127, substituted "Carpool and vanpool projects" for identical words in item 146, "National bridge inspection program" for "Pavement marking demonstration program" in item 151, and "Income from airspace rights-of-way" for "Highways crossing Federal projects" in item 156. 1984 - Pub. L. 98-363, Sec. 6(b), July 17, 1984, 98 Stat. 437, added item 158. 1983 - Pub. L. 97-424, title I, Sec. 119(c), Jan. 6, 1983, 96 Stat. 2111, substituted "Nondiscrimination" for "Equal employment opportunity" in item 140. Pub. L. 97-424, title I, Sec. 150(b), Jan. 6, 1983, 96 Stat. 2132, added item 157. 1978 - Pub. L. 95-599, Secs. 116(c), 124(b), 168(c), Nov. 6, 1978, 92 Stat. 2699, 2705, 2723, substituted "Interstate System resurfacing" for "Repealed" in item 119, "Highway bridge replacement and rehabilitation program" for "Special bridge replacement program" in item 144, "Hazard elimination program" for "Projects for high-hazard locations" in item 152, and "Repealed" for "Program for the elimination of roadside obstacles" in item 153. 1976 - Pub. L. 94-280, title I, Secs. 123(b), 128(b), 132(b), 139, May 5, 1976, 90 Stat. 439-441, 443, substituted item 135 "Traffic operations improvement programs" for "Urban area traffic operations improvement programs"; substituted item 146 "Repealed" for "Special urban high density traffic programs"; added item 156 "Highways crossing Federal projects"; and substituted item lll "Agreements relating to use of and access to rights-of-way - Interstate System" for "Use of and access to rights-of-way - Interstate System" and substituted items 119 and 133 "Repealed" for "Administration of Federal-aid for highways in Alaska" and "Relocation assistance", respectively. 1975 - Pub. L. 93-643, Secs. 107(b), 114(b), 115(b), Jan. 4, 1975, 88 Stat. 2284, 2286, 2287, substituted item 141 reading "Enforcement of requirements" for prior text reading "Real property acquisition policies", and added items 154 and 155. 1973 - Pub. L. 93-87, title I, Secs. 116(b), 121(b), 123(b), 125(b), 126(b), 129(c), 142(b), 157(b), title II, Secs. 205(b), 209(b), 210(b), Aug. 13, 1973, 87 Stat. 258, 261, 263, 264, 266, 272, 278, 285, 287, 288, substituted "Certification acceptance" for "Secondary road responsibilities" in item 117, "Public transportation" for "Urban highway public transportation" in item 142, and added items 145 to 153. 1970 - Pub. L. 91-605, title I, Secs. 111(b), 127(b), 134(b), title II, Sec. 204(b), Dec. 31, 1970, 84 Stat. 1720, 1731, 1734, 1742, added items 142, 143, 144, and substituted "Fringe and corridor parking facilities" for "Limitation on authorization of appropriations for certain purposes" in item 137. 1968 - Pub. L. 90-495, Secs. 10(b), 12(b), 16(b), 22(b), 25(c), 35(b), Aug. 23, 1968, 82 Stat. 820, 822, 823, 827, 829, 836, added items 135, 139, 140, and 141 and substituted "Prevailing rate of wage" for "Prevailing rate of wage - Interstate System" in item 113 and "Construction by States in advance of apportionment" for "Construction by States in advance of apportionment - Interstate System" in item 115. 1966 - Pub. L. 89-574, Secs. 8(c)(2), 15(b), Sept. 13, 1966, 80 Stat. 769, 771, added items 137 and 138. Pub. L. 89-564, title I, Sec. 102(b)(1), Sept. 9, 1966, 80 Stat. 734, struck out item 135 relating to highway safety programs. 1965 - Pub. L. 89-285, title I, Sec. 102, title II, Sec. 202, Oct. 22, 1965, 79 Stat. 1030, 1032, substituted "Control of outdoor advertising" for "Areas adjacent to the Interstate System" in item 131, and added item 136. Pub. L. 89-139, Sec. 4(b), Aug. 28, 1965, 79 Stat. 579, added item 135. 1962 - Pub. L. 87-866, Secs. 5(b), 9(b), Oct. 23, 1962, 76 Stat. 1147, 1148, added items 133 and 134. 1960 - Pub. L. 86-657, Secs. 4(b), 5(b), July 14, 1960, 74 Stat. 523, included ferries in item 129 and added item 132. -End- -CITE- 23 USC Sec. 101 01/02/2006 -EXPCITE- TITLE 23 - HIGHWAYS CHAPTER 1 - FEDERAL-AID HIGHWAYS -HEAD- Sec. 101. Definitions and declaration of policy -STATUTE- (a) Definitions. - In this title, the following definitions apply: (1) Apportionment. - The term "apportionment" includes unexpended apportionments made under prior authorization laws. (2) Carpool project. - The term "carpool project" means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, and designating existing facilities for use for preferential parking for carpools. (3) Construction. - The term "construction" means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway, including bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit the Federal-aid highway program. Such term includes - (A) locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atmospheric Administration of the Department of Commerce); (B) resurfacing, restoration, and rehabilitation; (C) acquisition of rights-of-way; (D) relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing; (E) elimination of hazards of railway grade crossings; (F) elimination of roadside obstacles; (G) improvements that 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; and (H) capital improvements that directly facilitate an effective vehicle weight enforcement program, such as scales (fixed and portable), scale pits, scale installation, and scale houses. (4) County. - The term "county" includes corresponding units of government under any other name in States that do not have county organizations and, in those States in which the county government does not have jurisdiction over highways, any local government unit vested with jurisdiction over local highways. (5) Federal-aid highway. - The term "Federal-aid highway" means a highway eligible for assistance under this chapter other than a highway classified as a local road or rural minor collector. (6) Federal-aid system. - The term "Federal-aid system" means any of the Federal-aid highway systems described in section 103. (7) Federal lands highway. - The term "Federal lands highway" means a forest highway, public lands highway, park road, parkway, refuge road, and Indian reservation road that is a public road. (8) Forest development roads and trails. - The term "forest development roads and trails" means forest roads and trails under the jurisdiction of the Forest Service. (9) Forest highway. - The term "forest highway" means a forest road under the jurisdiction of, and maintained by, a public authority and open to public travel. (10) Forest road or trail. - The term "forest road or trail" means a road or trail wholly or partly within, or adjacent to, and serving the National Forest System that is necessary for the protection, administration, and utilization of the National Forest System and the use and development of its resources. (11) Highway. - The term "highway" includes - (A) a road, street, and parkway; (B) a right-of-way, bridge, railroad-highway crossing, tunnel, drainage structure, sign, guardrail, and protective structure, in connection with a highway; and (C) a portion of any interstate or international bridge or tunnel and the approaches thereto, the cost of which is assumed by a State transportation 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. (12) Indian reservation road. - The term "Indian reservation road" means a public road that is located within or provides access to an Indian reservation or Indian trust land or restricted Indian land that 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. (13) Interstate System. - The term "Interstate System" means the Dwight D. Eisenhower National System of Interstate and Defense Highways described in section 103(c). (14) Maintenance. - The term "maintenance" means the preservation of the entire highway, including surface, shoulders, roadsides, structures, and such traffic-control devices as are necessary for safe and efficient utilization of the highway. (15) Maintenance area. - The term "maintenance area" means an area that was designated as a nonattainment area, but was later redesignated by the Administrator of the Environmental Protection Agency as an attainment area, under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). (16) National Highway System. - The term "National Highway System" means the Federal-aid highway system described in section 103(b). (17) Operating costs for traffic monitoring, management, and control. - The term "operating costs for traffic monitoring, management, and control" includes labor costs, administrative costs, costs of utilities and rent, and other costs associated with the continuous operation of traffic control, such as integrated traffic control systems, incident management programs, and traffic control centers. (18) Operational improvement. - The term "operational improvement" - (A) means (i) a capital improvement for installation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated traffic control systems, incident management programs, and transportation demand management facilities, strategies, and programs, and (ii) such other capital improvements to public roads as the Secretary may designate, by regulation; and (B) does not include resurfacing, restoring, or rehabilitating improvements, construction of additional lanes, interchanges, and grade separations, and construction of a new facility on a new location. (19) Park road. - The term "park road" means a public road, including a bridge built primarily for pedestrian use, but with capacity for use by emergency vehicles, that is located within, or provides access to, an area in the National Park System with title and maintenance responsibilities vested in the United States. (20) Parkway. - The term "parkway", as used in chapter 2 of this title, means a parkway authorized by Act of Congress on lands to which title is vested in the United States. (21) Project. - 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 or any other undertaking eligible for assistance under this title. (22) Project agreement. - The term "project agreement" means the formal instrument to be executed by the State transportation department and the Secretary as required by section 106. (23) Public authority. - The term "public authority" means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or toll- free facilities. (24) Public lands development roads and trails. - The term "public lands development roads and trails" means those roads and trails that the Secretary of the Interior determines are of primary importance for the development, protection, administration, and utilization of public lands and resources under the control of the Secretary of the Interior. (25) Public lands highway. - The term "public lands highway" means a forest road under the jurisdiction of and maintained by a public authority and open to public travel or any highway through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations under the jurisdiction of and maintained by a public authority and open to public travel. (26) Public lands highways. - 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. (27) Public road. - The term "public road" means any road or street under the jurisdiction of and maintained by a public authority and open to public travel. (28) Refuge road. - The term "refuge road" means a public road that provides access to or within a unit of the National Wildlife Refuge System and for which title and maintenance responsibility is vested in the United States Government. (29) Rural areas. - The term "rural areas" means all areas of a State not included in urban areas. (30) Safety improvement project. - The term "safety improvement project" means a project that corrects or improves high hazard locations, eliminates roadside obstacles, improves highway signing and pavement marking, installs priority control systems for emergency vehicles at signalized intersections, installs or replaces emergency motorist aid call boxes, or installs traffic control or warning devices at locations with high accident potential. (31) Secretary. - The term "Secretary" means Secretary of Transportation. (32) State. - The term "State" means any of the 50 States, the District of Columbia, or Puerto Rico. (33) State funds. - 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 transportation department. (34) State transportation department. - The term "State transportation department" means that department, commission, board, or official of any State charged by its laws with the responsibility for highway construction. (35) Transportation enhancement activity. - The term "transportation enhancement activity" means, with respect to any project or the area to be served by the project, any of the following activities as the activities relate to surface transportation: (A) Provision of facilities for pedestrians and bicycles. (B) Provision of safety and educational activities for pedestrians and bicyclists. (C) Acquisition of scenic easements and scenic or historic sites (including historic battlefields). (D) Scenic or historic highway programs (including the provision of tourist and welcome center facilities). (E) Landscaping and other scenic beautification. (F) Historic preservation. (G) Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals). (H) Preservation of abandoned railway corridors (including the conversion and use of the corridors for pedestrian or bicycle trails). (I) Inventory, control, and removal of outdoor advertising. (J) Archaeological planning and research. (K) Environmental mitigation - (i) to address water pollution due to highway runoff; or (ii) (!1) reduce vehicle-caused wildlife mortality while maintaining habitat connectivity. (L) Establishment of transportation museums. (36) Urban area. - 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 area in each such State, or urban place as designated by the Bureau of the Census having a population of 5,000 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 encompass, at a minimum, 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. (37) Urbanized area. - The term "urbanized area" means an area with a population of 50,000 or more 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 encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census. (38) Advanced truck stop electrification system. - The term "advanced truck stop electrification system" means a system that delivers heat, air conditioning, electricity, or communications to a heavy duty vehicle. (b) Declaration of Policy. - (1) Acceleration of construction of federal-aid highway systems. - Congress declares that it is in the national interest to accelerate the construction of Federal-aid highway systems, including the Dwight D. Eisenhower National System of Interstate and Defense,(!2) because many of the highways (or portions of the highways) are inadequate to meet the needs of local and interstate commerce for the national and civil defense. (2) Completion of interstate system. - Congress declares that the prompt and early completion of the Dwight D. Eisenhower National System of Interstate and Defense Highways (referred to in this section as the "Interstate System"), so named because of its primary importance to the national defense, is essential to the national interest. It is the intent of Congress that the Interstate System be completed as nearly as practicable over the period of availability of the forty years' appropriations authorized for the purpose of expediting its construction, reconstruction, or improvement, inclusive of necessary tunnels and bridges, through the fiscal year ending September 30, 1996, 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. (3) Transportation needs of 21st century. - Congress declares that - (A) it is in the national interest to preserve and enhance the surface transportation system to meet the needs of the United States for the 21st Century; (B) the current urban and long distance personal travel and freight movement demands have surpassed the original forecasts and travel demand patterns are expected to continue to change; (C) continued planning for and investment in surface transportation is critical to ensure the surface transportation system adequately meets the changing travel demands of the future; (D) among the foremost needs that the surface transportation system must meet to provide for a strong and vigorous national economy are safe, efficient, and reliable - (i) national and interregional personal mobility (including personal mobility in rural and urban areas) and reduced congestion; (ii) flow of interstate and international commerce and freight transportation; and (iii) travel movements essential for national security; (E) special emphasis should be devoted to providing safe and efficient access for the type and size of commercial and military vehicles that access designated National Highway System intermodal freight terminals; (F) the connection between land use and infrastructure is significant; (G) transportation should play a significant role in promoting economic growth, improving the environment, and sustaining the quality of life; and (H) the Secretary should take appropriate actions to preserve and enhance the Interstate System to meet the needs of the 21st Century. (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. (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 expenditure 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. (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. -SOURCE- (Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 885; Pub. L. 86-70, Sec. 21(e)(1), June 25, 1959, 73 Stat. 146; Pub. L. 86-624, Sec. 17(a), July 12, 1960, 74 Stat. 415; Pub. L. 87-866, Sec. 6(a), Oct. 23, 1962, 76 Stat. 1147; Pub. L. 88-423, Sec. 3, Aug. 13, 1964, 78 Stat. 397; Pub. L. 89-574, Sec. 4(a), Sept. 13, 1966, 80 Stat. 767; Pub. L. 90-495, Secs. 4(a), 8, 15, Aug. 23, 1968, 82 Stat. 816, 819, 822; Pub. L. 91-605, title I, Secs. 104(a), 106(a), 107, 117(d), 130, 141, Dec. 31, 1970, 84 Stat. 1714, 1716, 1718, 1724, 1732, 1737; Pub. L. 93-87, title I, Secs. 105, 106(a), 107, 108, 152(1), Aug. 13, 1973, 87 Stat. 253-255, 276; Pub. L. 93-643, Sec. 102(b), Jan. 4, 1975, 88 Stat. 2281; Pub. L. 94-280, title I, Secs. 107(a), 108, May 5, 1976, 90 Stat. 430, 431; Pub. L. 95-599, title I, Sec. 106, Nov. 6, 1978, 92 Stat. 2693; Pub. L. 97-424, title I, Secs. 126(c), 159, Jan. 6, 1983, 96 Stat. 2115, 2135; Pub. L. 100- 17, title I, Secs. 102(b)(3), 108, 109, 133(b)(2), (3), Apr. 2, 1987, 101 Stat. 135, 146, 171; Pub. L. 101-427, Oct. 15, 1990, 104 Stat. 927; Pub. L. 102-240, title I, Secs. 1001(g), 1005, 1006(g)(1), 1007(c), Dec. 18, 1991, 105 Stat. 1916, 1922, 1927, 1931; Pub. L. 104-59, title III, Secs. 301(b), 311(b), Nov. 28, 1995, 109 Stat. 578, 583; Pub. L. 105-178, title I, Sec. 1201, June 9, 1998, 112 Stat. 164; Pub. L. 109-59, title I, Secs. 1122, 1909(a), Aug. 10, 2005, 119 Stat. 1196, 1470.) -REFTEXT- REFERENCES IN TEXT Section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat. 374), referred to in subsec. (b)(2), is section 108(b) of act June 29, 1956, ch. 462, 70 Stat. 378, which is set out below. -MISC1- AMENDMENTS 2005 - Subsec. (a)(35). Pub. L. 109-59, Sec. 1122(a), amended heading and text of par. (35) generally, substituting introductory provisions and subpars. (A) to (L) defining "Transportation enhancement activity" for substantially identical undesignated provisions defining "Transportation enhancement activities". Subsec. (a)(38). Pub. L. 109-59, Sec. 1122(b), added par. (38). Subsec. (b). Pub. L. 109-59, Sec. 1909(a), inserted subsec. heading, substituted heading and text of par. (1) for first undesignated par. relating to declaration that it was in the national interest to accelerate the construction of the Federal-aid highway systems, designated second undesignated par. as par. (2), inserted heading, and substituted "Congress declares that the prompt and early completion of the Dwight D. Eisenhower National System of Interstate and Defense Highways (referred to in this section as the 'Interstate System'), so named because of its primary importance to the national defense, is essential to the national interest" for "It is hereby declared that the prompt and early completion of The Dwight D. Eisenhower 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", and substituted heading and text of par. (3) for third undesignated par. relating to the national policy that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems. 1998 - Subsec. (a). Pub. L. 105-178 inserted heading and amended text of subsec. (a) generally, alphabetizing, numbering, and inserting headings for terms defined, inserting definitions of "maintenance area" and "refuge road", and substituting definition of "State transportation department" for definition of "State highway department". 1995 - Subsec. (a). Pub. L. 104-59, Sec. 311(b), in first sentence of definition of "construction", inserted "bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments," after "highway, including". Pub. L. 104-59, Sec. 301(b)(1), in definition of "project", inserted before period at end "or any other undertaking eligible for assistance under this title". Pub. L. 104-59, Sec. 301(b)(2), added provision defining "operating costs for traffic monitoring, management, and control" and struck out former provision defining "startup costs for traffic management and control" which read as follows: "The term 'startup costs for traffic management and control' means initial costs (including labor costs, administration costs, cost of utilities, and rent) for integrated traffic control systems, incident management programs, and traffic control centers." 1991 - Subsec. (a). Pub. L. 102-240, Sec. 1006(g)(1), added provision defining "Federal-aid highways" and struck out former provision which read as follows: "The term 'Federal-aid highways' means highways located on one of the Federal-aid systems described in section 103 of this title." Pub. L. 102-240, Sec. 1005(a), in definition of "highway safety improvement project", inserted "installs priority control systems for emergency vehicles at signalized intersections" after "marking,". Pub. L. 102-240, Sec. 1005(d)(3), in definition of "Indian reservation roads", struck out ", including roads on the Federal- aid systems," after "public roads". Pub. L. 102-240, Sec. 1005(d)(4), in definition of "park road", inserted ", including a bridge built primarily for pedestrian use, but with capacity for use by emergency vehicles" before "that is located". Pub. L. 102-240, Sec. 1005(b), inserted provision defining "urbanized area" and struck out former provision which read as follows: "The term 'urbanized area' 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." Pub. L. 102-240, Sec. 1005(c), inserted provision defining "National Highway System" and struck out former provision defining "Federal-aid primary system" which read as follows: "The term 'Federal-aid primary system' means the Federal-aid highway system described in subsection (b) of section 103 of this title." Pub. L. 102-240, Sec. 1005(d)(1), (2), struck out provisions defining "Federal-aid secondary system" and "Federal-aid urban system" which read as follows: "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." Pub. L. 102-240, Sec. 1005(e), in definition of "Interstate System", inserted "Dwight D. Eisenhower" before "National". Pub. L. 102-240, Sec. 1005(g), inserted provisions defining "start-up costs for traffic management and control", "carpool project", "public authority" and "public lands highway". Pub. L. 102-240, Sec. 1005(f), inserted provision defining "operational improvement". Pub. L. 102-240, Sec. 1007(c), inserted provision defining "transportation enhancement activities". Subsec. (b). Pub. L. 102-240, Sec. 1001(g), substituted "forty" for "thirty-seven" and "1996" for "1993" in second par. 1990 - Subsec. (b). Pub. L. 101-427 substituted "The Dwight D. Eisenhower System of Interstate and Defense Highways" for "the National System of Interstate and Defense Highways" in first two pars. 1987 - Subsec. (a). Pub. L. 100-17, Sec. 108, in definition of "construction", inserted "elimination of roadside obstacles," after "grade crossings,". Pub. L. 100-17, Sec. 133(b)(2), substituted definition of "forest road or trail" for "forest or trail". Pub. L. 100-17, Sec. 109, in definition of "highway safety improvement project", inserted "installs or replaces emergency motorist-aid call boxes," after "pavement marking,". Pub. L. 100-17, Sec. 133(b)(3), amended definition of "park road" generally. Prior to amendment, definition read as follows: "The term 'park road' means a public road that is located within or provides access to an area in the national park system." Subsec. (b). Pub. L. 100-17, Sec. 102(b)(3), substituted "thirty- seven years' " for "thirty-four years' " and "1993" for "1990" in second par. 1983 - Subsec. (a). Pub. L. 97-424, Sec. 126(c)(1), substituted provision that "park road" means a public road that is located within or provides access to an area in the national park system, for provision that "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. Pub. L. 97-424, Sec. 126(c)(2), substituted "The term 'Indian reservation roads' means public roads, including roads" for "The term 'Indian reservation roads and bridges' means roads and bridges, including roads and bridges" before "on the Federal-aid systems". Pub. L. 97-424, Sec. 126(c)(3), inserted provision defining "Federal lands highways". Pub. L. 97-424, Sec. 159, in definition of "construction", inserted provision that it also includes costs incurred by the State in performing Federal-aid project related audits which directly benefit the Federal-aid highway program. 1978 - Subsec. (a). Pub. L. 95-599, Sec. 106(a), in definition of "construction" inserted provision relating to capital improvements. Pub. L. 95-599, Sec. 106(b)(1), in definition of "forest road or trail", inserted provisions requiring contingency or service to the National Forest System and necessity for the protection, administration, and utilization thereof. Pub. L. 95-599, Sec. 106(b)(2), defined "forest development roads or trails" in terms of a forest road or trail under the jurisdiction of the Forest Service rather than in terms of a forest road or trail of primary importance for the protection, administration, and utilization of the national forest or other areas under the jurisdiction of the Forest Service. Pub. L. 95-599, Sec. 106(b)(3), defined "forest highway" in terms of a forest road under the jurisdiction of, and maintained by, a public authority and open to public travel rather than in terms of a forest road which is of primary importance to the States, counties, or communities contingent to national forests and which is a Federal-aid system. Pub. L. 95-599, Sec. 106(b)(4), inserted definition of "highway safety improvement project". 1976 - Subsec. (a). Pub. L. 94-280, Sec. 108, defined "construction" to include resurfacing, restoration, and rehabilitation and "urban area" to exclude cities in the States of Maine and New Hampshire and inserted definition of "public road". Subsec. (b). Pub. L. 94-280, Sec. 107(a), substituted provision for completion of the Interstate System over a thirty-four year period, through the fiscal year ending September 30, 1990, for a prior provision for such completion over a twenty-three period, through the fiscal year ending June 30, 1979. 1975 - Subsec. (a). Pub. L. 93-643 defined "Indian reservation roads and bridges" to include roads and bridges on the Federal-aid systems. 1973 - Subsec. (a). Pub. L. 93-87, Sec. 105(1), in definition of "construction", substituted "National Oceanic and Atmospheric Administration" for "Coast and Geodetic Survey" and extended definition to include 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. Pub. L. 93-87, Sec. 105(3), in definition of "Indian reservation roads and bridges", substituted "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" for "approval of the Federal Government on which Indians reside whom the Secretary of the Interior has determined to be eligible for services generally available to Indians under Federal laws specifically applicable to Indians". Pub. L. 93-87, Sec. 152(1), in definition of "Secretary", substituted "Secretary of Transportation" for "Secretary of Commerce". Pub. L. 93-87, Sec. 105(4), in definition of "urbanized area", provided for boundaries of the "urbanized area" to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary, and required such boundaries, as a minimum, to encompass the entire urbanized area within a State as designated by the Bureau of the Census. Pub. L. 93-87, Sec. 105(2), in definition of "urban area", substituted "an urbanized area or, in the case of an urbanized area encompassing more than one State, that part of the urbanized area 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" for "an area including and adjacent to a municipality or other urban place having a population of five thousand or more, as determined by the latest available Federal census, within boundaries to be fixed by a State highway department subject to the approval of the Secretary", and required such boundaries, as a minimum, to encompass the entire urban place designated by the Bureau of the Census. Subsec. (b). Pub. L. 93-87, Secs. 106(a), 107, extended time for completion of the National System of Interstate and Defense Highways, substituting in second par. "twenty-three years" and "June 30, 1979" for "twenty years" and "June 30, 1976", and inserted third par. declaratory of national policy, since the Interstate System is now in the final phase of completion, that increased emphasis be placed on the construction and reconstruction of the other Federal-aid systems in accordance with the first par. of subsec. (b), 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. Subsec. (e). Pub. L. 93-87, Sec. 108, added subsec. (e). 1970 - Subsec. (a). Pub. L. 91-605, Secs. 106(a), 117(d), 130, 141, inserted definitions of "urbanized area" and "Federal-aid urban system", substituted "subsection (e)" for "subsection (d)" in definition of "Interstate System", included within the costs of construction, under the definition of "construction", relocation assistance, acquisition of replacement housing sites, acquisition, and rehabilitation, relocation, and construction of replacement housing, and substituted "acquisition" for "costs" of rights-of- way, broadened definition of "Indian reservation roads and bridges" to include roads and bridges on State controlled Indian reservations, trust lands, and restricted Indian lands, a well as roads and bridges on such lands under Federal control, and inserted in definitions of "forest highway" and "public lands highways" provisions to ensure that these highways be on the Federal-aid systems. Subsec. (b). Pub. L. 91-605, Sec. 104(a), substituted "twenty years" for "eighteen years" and "June 30, 1976" for "June 30, 1974". Subsec. (c). Pub. L. 91-605, Sec. 107, substituted "any officer or employee in the executive branch of the Federal Government" for "any officer or employee of any department, agency, or instrumentality of the executive branch of the Federal Government" and "Highway Trust Fund" for "highway trust fund". Subsec. (d). Pub. L. 91-605, Sec. 107, substituted provisions prohibiting expenditure of funds from the Highway Trust Fund by any department other than the Federal Highway Administration unless these funds are identified and included as a line item in an appropriation Act and are to meet obligations incurred under this title attributable to the construction of Federal aid highways or for planning, research, or development, or as otherwise specifically authorized to be appropriated from the Highway Trust Fund by Federal-aid highway legislation for provisions expressing essentially the same prohibitions but permitting expenditures to meet obligations incurred under this title attributable to Federal- aid highways, and contracted for in accordance with the Act of March 4, 1915, as amended [section 686 of Title 31, Money and Finance], relating to work or services not usually performed by the Federal Highway Administration, or relating to the furnishing of materials, supplies or equipment, and expenditures specifically identified in the budget and included in an appropriation Act. 1968 - Subsec. (a). Pub. L. 90-495, Sec. 8, inserted "and other areas administered by the Forest Service" after "national forests" and "national forest" in definitions of "forest road or trail" and "forest development roads and trails". Subsec. (b). Pub. L. 90-495, Sec. 4(a), substituted a reference to "eighteen years' appropriation" for reference to "sixteen years' appropriation" and substituted "June 30, 1974" for "June 30, 1972". Subsecs. (c), (d). Pub. L. 90-495, Sec. 15, added subsecs. (c) and (d). 1966 - Subsec. (b). Pub. L. 89-574 substituted a reference to "sixteen years' appropriation" for reference to "fifteen years' appropriation" and substituted "June 30, 1972" for "June 30, 1971". 1964 - Subsec. (b). Pub. L. 88-423 substituted "fifteen years" for "thirteen years" and "June 30, 1971" for "June 30, 1969". 1962 - Subsec. (a). Pub. L. 87-866 inserted definition of "public lands development roads and trails". 1960 - Subsec. (a). Pub. L. 86-624 substituted "fifty States, the District of Columbia, or Puerto Rico" for "forty-nine States, the District of Columbia, Hawaii, or Puerto Rico" in definition of "State". 1959 - Subsec. (a). Pub. L. 86-70 substituted "forty-nine States, the District of Columbia, Hawaii" for "forty-eight States, the District of Columbia, Hawaii, Alaska" in definition of "State". EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-206, title IX, Sec. 9016, July 22, 1998, 112 Stat. 868, provided that: "This title [see Tables for classification] and the amendments made by this title shall take effect simultaneously with the enactment of the Transportation Equity Act for the 21st Century [Pub. L. 105-178]. For purposes of all Federal laws, the amendments made by this title shall be treated as being included in the Transportation Equity Act for the 21st Century at the time of the enactment of such Act [June 9, 1998], and the provisions of such Act (including the amendments made by such Act) (as in effect on the day before the date of enactment of this Act [July 22, 1998]) that are amended by this title shall be treated as not being enacted." EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as a note under section 104 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Section 147 of Pub. L. 91-605 provided that: "The amendments made by section 117 [enacting section 510 of this title, amending this section, and renumbering sections 511 and 512 of this title], 120 [amending provisions set out as a note under section 502 of this title], and 137 of this Act [amending section 506 of this title] shall not take effect if before the effective date of this Act [Dec. 31, 1970] the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 has been enacted into law." The Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, enacted as Pub. L. 91-646, 84 Stat. 1894, was approved Jan. 2, 1971, whereas this Act (Title I of Pub. L. 91-605) was approved Dec. 31, 1970, therefore the amendments made by sections 117, 120, and 137 of Title I of Pub. L. 91-605 took effect. EFFECTIVE DATE OF 1968 AMENDMENT Section 37 of Pub. L. 90-495, as amended by Pub. L. 91-605, title I, Sec. 120, Dec. 31, 1970, 84 Stat. 1725, provided that: "(a) Except as otherwise provided in subsection (b) of this section, this Act and the amendments made by this Act [enacting sections 135, 139, 140, 141, and 501 to 511 of this title, amending this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title, section 636 of Title 15, Commerce and Trade, and section 1653 of former Title 49, Transportation, repealing section 133 of this title, enacting provisions set out as notes under this section and sections 104, 108, 125, 134, 501, 502, and 510 of this title] shall take effect on the date of its enactment [Aug. 23, 1968], except that until July 1, 1970, sections 502, 505, 506, 507, and 508 of title 23, United States Code, as added by this Act, shall be applicable to a State only to the extent that such State is able under its laws to comply with such sections. Except as otherwise provided in subsection (b) of this section, after July 1, 1970, such sections shall be completely applicable to all States. Section 133 of title 23, United States Code, shall not apply to any State if sections 502, 505, 506, 507, and 508 of title 23, United States Code, are applicable in that State, and effective July 1, 1970, such section 133 is repealed. "(b) In the case of any State (1) which is required to amend its constitution to comply with sections 502, 505, 506, 507, and 508 of title 23, United States Code, and (2) which cannot submit the required constitutional amendment for ratification prior to July 1, 1970, the date of July 1, 1970, contained in subsection (a) of this section shall be extended to July 1, 1972." EFFECTIVE DATE OF 1959 AMENDMENT Section 21(e) of Pub. L. 86-70 provided that the amendments made by that section (amending this section and sections 104, 116, and 120 of this title) are effective July 1, 1959. SHORT TITLE OF 2005 AMENDMENTS Pub. L. 109-59, Sec. 1(a), Aug. 10, 2005, 119 Stat. 1144, provided that: "This Act [see Tables for classification] may be cited as the 'Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users' or 'SAFETEA-LU'." Pub. L. 109-42, Sec. 1, July 30, 2005, 119 Stat. 435, provided that: "This Act [amending section 9503 and 9504 of Title 26, Internal Revenue Code, and section 5338 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as a note under section 104 of this title] may be cited as the 'Surface Transportation Extension Act of 2005, Part VI'." Pub. L. 109-40, Sec. 1, July 28, 2005, 119 Stat. 410, provided that: "This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the 'Surface Transportation Extension Act of 2005, Part V'." Pub. L. 109-37, Sec. 1, July 22, 2005, 119 Stat. 394, provided that: "This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the 'Surface Transportation Extension Act of 2005, Part IV'." Pub. L. 109-35, Sec. 1, July 20, 2005, 119 Stat. 379, provided that: "This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the 'Surface Transportation Extension Act of 2005, Part III'." Pub. L. 109-20, Sec. 1, July 1, 2005, 119 Stat. 346, provided that: "This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the 'Surface Transportation Extension Act of 2005, Part II'." Pub. L. 109-14, Sec. 1, May 31, 2005, 119 Stat. 324, provided that: "This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 4481 to 4483, 9503, and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as notes under this section and section 4481 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49] may be cited as the 'Surface Transportation Extension Act of 2005'." SHORT TITLE OF 2004 AMENDMENTS Pub. L. 108-310, Sec. 1, Sept. 30, 2004, 118 Stat. 1144, provided that: "This Act [amending sections 144, 157, 163, 188, and 410 of this title, sections 900 and 901 of Title 2, The Congress, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as notes under this section, section 104 of this title, section 9503 of Title 26, and section 5337 of Title 49, amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, section 901 of Title 2, and sections 5307, 5309, 5310, and 5338 of Title 49, and repealing provisions set out as a note under section 9503 of Title 26] may be cited as the 'Surface Transportation Extension Act of 2004, Part V'." Pub. L. 108-280, Sec. 1, July 30, 2004, 118 Stat. 876, provided that: "This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as notes under section 9503 of Title 26, amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, and 5338 of Title 49, and repealing provisions set out as a note under section 5337 of Title 49] may be cited as the 'Surface Transportation Extension Act of 2004, Part IV'." Pub. L. 108-263, Sec. 1, June 30, 2004, 118 Stat. 698, provided that: "This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited as the 'Surface Transportation Extension Act of 2004, Part III'." Pub. L. 108-224, Sec. 1, Apr. 30, 2004, 118 Stat. 627, provided that: "This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited as the 'Surface Transportation Extension Act of 2004, Part II'." Pub. L. 108-202, Sec. 1, Feb. 29, 2004, 118 Stat. 478, provided that: "This Act [amending sections 144, 157, 163, and 188 of this title, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as a note under section 9503 of Title 26, and amending provisions set out as notes under this section, sections 104, 322, and 402 of this title, and sections 5307, 5309, 5310, 5337, and 5338 of Title 49] may be cited as the 'Surface Transportation Extension Act of 2004'." SHORT TITLE OF 2003 AMENDMENT Pub. L. 108-88, Sec. 1, Sept. 30, 2003, 117 Stat. 1110, provided that: "This Act [amending sections 144, 157, 163, 188, and 410 of this title, sections 900 and 901 of Title 2, The Congress, section 777c of Title 16, Conservation, sections 9503 and 9504 of Title 26, Internal Revenue Code, section 13106 of Title 46, Shipping, and sections 5307, 5309, 5337, 5338, 31104, and 31107 of Title 49, Transportation, enacting provisions set out as notes under this section, section 104 of this title, section 9503 of Title 26, and section 5337 of Title 49, and amending provisions set out as notes under this section, sections 322 and 402 of this title, section 901 of Title 2, and sections 5309, 5310, and 5338 of Title 49] may be cited as the 'Surface Transportation Extension Act of 2003'." SHORT TITLE OF 1998 AMENDMENTS Pub. L. 105-206, title IX, Sec. 9001, July 22, 1998, 112 Stat. 834, provided that: "This title [see Tables for classification] may be cited as the 'TEA 21 Restoration Act'." Pub. L. 105-178, Sec. 1(a), June 9, 1998, 112 Stat. 107, provided that: "This Act [see Tables for classification] may be cited as the 'Transportation Equity Act for the 21st Century'." Pub. L. 105-178, title I, Sec. 1501, June 9, 1998, 112 Stat. 241, provided that: "This chapter [chapter 1 (Secs. 1501-1504) of subtitle E of title I of Pub. L. 105-178, enacting subchapter II of this chapter, amending section 301 of Title 49, Transportation, and enacting provisions set out as a note under section 181 of this title] may be cited as the 'Transportation Infrastructure Finance and Innovation Act of 1998'." SHORT TITLE OF 1997 AMENDMENT Pub. L. 105-130, Sec. 1, Dec. 1, 1997, 111 Stat. 2552, provided that: "This Act [amending sections 104, 321, 326, and 410 of this title, sections 9503, 9504, and 9511 of Title 26, Internal Revenue Code, and sections 111, 5309, 5337, 5338, 30308, and 31104 of Title 49, Transportation, enacting provisions set out as notes under section 104 of this title and section 9503 of Title 26, and amending provisions set out as notes under this section and section 307 of this title] may be cited as the 'Surface Transportation Extension Act of 1997'." SHORT TITLE OF 1995 AMENDMENT Section 1(a) of Pub. L. 104-59 provided that: "This Act [enacting section 161 of this title, amending this section, sections 103, 104, 106, 109, 111, 112, 115, 116, 120, 122, 127, 129, 130, 131, 133, 134, 141, 144, 149, 152, 153, 217, 303, 306, 307, 323, 409, and 410 of this title, sections 1261 and 1262 of Title 16, Conservation, sections 7506 and 12186 of Title 42, The Public Health and Welfare, and sections 5316, 5331, 20140, 30308, 31112, 31136, 31306, and 45102 of Title 49, Transportation, repealing section 154 of this title, enacting provisions set out as notes preceding section 101 of this title and under this section, sections 104, 109, 130, 141, 153, 154, 307, 309, 401, and 408 of this title, section 403 of Title 16, section 7511a of Title 42, and section 31136 of Title 49, amending provisions set out as notes under this section and sections 104, 109, 127, 149, and 307 of this title, and repealing provisions set out as notes preceding section 101 of this title and under section 112 of this title] may be cited as the 'National Highway System Designation Act of 1995'." SHORT TITLE OF 1987 AMENDMENT Section 1(a) of Pub. L. 100-17 provided that: "This Act [enacting sections 151, 156, and 409 of this title, section 508 of Title 33, Navigation and Navigable Waters, section 4604 of Title 42, The Public Health and Welfare, and sections 1607a-2, 1619, 1620, and 1621 of former Title 49, Transportation, amending this section, sections 103, 104, 106, 109, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121, 122, 123, 125, 127, 129, 130, 138, 140, 144, 152, 154, 157, 204, 210, 215, 217, 307, 315, 319, 321, 323, 401, 402, and 408 of this title, section 460l-11 of Title 16, Conservation, section 1761 of Title 18, Crimes and Criminal Procedure, sections 4041, 4051, 4052, 4071, 4081, 4221, 4481, 4482, 4483, 6156, 6412, 6420, 6421, 6427, and 9503 of Title 26, Internal Revenue Code, sections 494 and 1414 of Title 33, sections 4601, 4621, 4622, 4623, 4624, 4625, 4626, 4630, 4631, 4633, 4636, 4638, 4651, and 4655 of Title 42, sections 303 and 10922 of Title 49, and sections 1602, 1603, 1604, 1607, 1607a, 1607a-1, 1607c, 1608, 1612, 1613, 1614, 1617, 1655, 2311, 2314, and 2716 of former Title 49, repealing sections 211, 213, 219, and 322 of this title, sections 498a, 498b, 503 to 507, 526, 526a, 529, and 535d of Title 33, and sections 4634 and 4637 of Title 42, enacting provisions set out as notes under this section, sections 103, 104, 116, 120, 125, 127, 130, 144, 202, 307, 401, and 402 of this title, sections 1, 4052, and 4481 of Title 26, section 4601 of Title 42, section 10922 of Title 49, and sections 1601, 1602, 1608, and 2204 of former Title 49, amending provisions set out as notes under this section and sections 103, 104, 130, 141, 144, 146, and 401 of this title, and repealing provisions set out as notes under sections 114, 130, and 217 of this title and section 526a of Title 33] may be cited as the 'Surface Transportation and Uniform Relocation Assistance Act of 1987'." Section 101 of title I of Pub. L. 100-17 provided that: "This title [enacting sections 151, 156, and 409 of this title and section 508 of Title 33, Navigation and Navigable Waters, amending this section, sections 103, 104, 106, 109, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121, 122, 123, 125, 127, 129, 130, 138, 140, 144, 152, 154, 157, 204, 210, 215, 217, 307, 315, 319, 321, 323, 401, and 402 of this title, section 1761 of Title 18, Crimes and Criminal Procedure, sections 494 and 1414 of Title 33, section 303 of Title 49, Transportation, and sections 1655, 2311, and 2716 of former Title 49, repealing sections 211, 213, 219, and 322 of this title and sections 498a, 498b, 503 to 507, 526, 526a, 529, and 535d of Title 33, enacting provisions set out as notes under this section and sections 103, 104, 116, 120, 125, 127, 130, 144, 202, 307, and 402 of this title, amending provisions set out as notes under this section and sections 103, 104, 130, 141, 144, and 146 of this title, and repealing provisions set out as notes under sections 114, 130, and 217 of this title and section 526a of Title 33] may be cited as the 'Federal-Aid Highway Act of 1987'." SHORT TITLE OF 1983 AMENDMENTS Section 1 of Pub. L. 97-424 provided: "That this Act [enacting section 157 of this title, sections 4051 to 4053 and 9503 of Title 26, Internal Revenue Code, and sections 1601c, 1607a, 1607a-1, 1617, 1618, and 2301 to 2315 of former Title 49, Transportation, amending section 713c-3 of Title 15, Commerce and Trade, sections 460l-11 and 1606a of Title 16, Conservation, sections 101, 101 notes, 103, 103 note, 105, 109, 112, 113, 114, 115, 116, 118, 119, 120, 122, 125, 127, 130 notes, 137, 139, 140, 141, 142, 144, 150, 152, 201, 202, 203, 204, 210, 214, 217, 218, 307, 307 note, 401 note, and 402 of this title, sections 39, 44E, 46, 48, 103, 165 note, 167, 168, 274, 851, 852, 874, 882, 3304 note, 3454, 4041, 4061, 4063, 4071, 4081, 4101, 4102, 4221, 4222, 4481, 4482, 4483, 6049, 6156, 6201, 6206, 6362, 6412, 6416, 6420, 6421, 6427, 6504, 6675, 7210, 7603, 7604, 7605, 7609, 7610, and 9502 of Title 26, section 1414 of Title 33, Navigation and Navigable Waters, sections 602 and 1382a of Title 42, The Public Health and Welfare, sections 1474, 1475, and 1479 of former Title 46, Shipping, section 1273 of Title 46, Appendix, sections 10927 note, 11909 and 11914 of Title 49, and sections 1602, 1603, 1604, 1607c, 1608, 1611, 1612, 1614, 2204, 2205, 2206 of former Title 49, repealing sections 101 notes, 104 note, and 206 to 209 of this title, sections 120 note, 4091 to 4094, and 6424 of Title 26, and sections 1602 note, 1604a, 1617, and 1618 of former Title 49, and enacting provisions set out as notes under this section, sections 103, 104, 105, 109, 111, 119, 120, 125, 144, 146, 154, 307, 401, and 408 of this title, section 713c-3 of Title 15, sections 1, 39, 46, 165, 274, 3304, 4041, 4051, 4061, 4071, 4081, 4481, 6012, 6427, and 9503 of Title 26, section 602 of Title 42, and sections 1601, 1612, and 2315 of former Title 49] may be cited as the 'Surface Transportation Assistance Act of 1982'." Section 101 of title I of Pub. L. 97-424 provided that: "This title [enacting section 157 of this title, amending this section and sections 103, 105, 109, 112, 113, 114, 115, 116, 118, 119, 120, 122, 125, 127, 137, 139, 140, 142, 144, 150, 152, 201, 202, 203, 204, 210, 214, 217, 218, and 307 of this title, repealing sections 101 notes, 104 note, and 206 to 209 of this title, and enacting provisions set out as notes under this section, sections 103, 104, 105, 109, 111, 119, 120, 125, 144, and 146 of this title, and section 2315 of former Title 49, Transportation] may be cited as the 'Highway Improvement Act of 1982'." Section 1 of Pub. L. 97-327, Oct. 15, 1982, 96 Stat. 1611, provided: "That this Act [amending section 144 of this title, provisions set out as notes under this section and section 130 of this title, and enacting provisions set out as notes under section 104 of this title] may be cited as the 'Federal-Aid Highway Act of 1982'." SHORT TITLE OF 1981 AMENDMENT Pub. L. 97-134, Sec. 13, Dec. 29, 1981, 95 Stat. 1703, provided that: "This Act [amending sections 104, 119, and 139 of this title and enacting provisions set out as notes under this section and section 104 of this title] may be cited as the 'Federal-Aid Highway Act of 1981'." SHORT TITLE OF 1978 AMENDMENT Section 1 of Pub. L. 95-599 provided: "That this Act [enacting sections 119, 146, and 407 of this title, and sections 1602-1, 1607, 1614, 1615, 1616, 1617 and 1618 of former Title 49, Transportation, amending this section, sections 103, 104, 105, 109, 111, 116, 118, 120, 122, 124, 125, 129, 131, 134, 141, 144, 148, 151, 152, 154, 155, 215, 217, 219, 320, 402, and 406 of this title, section 1418 of Title 15, Commerce and Trade, section 460l-11 of Title 16, Conservation, sections 39, 4041, 4061, 4071, 4081, 4481, 4482, 6156, 6412, 6421, 6427, 7210, 7603, 7604, 7605, 7609, and 7610 of Title 26, Internal Revenue Code, section 201 of former Title 40, Appendix, Public Buildings, Property, and Works, sections 303, 1602, 1603, 1604, 1607b, 1607c, 1608, 1611, 1612, and 1613 of former Title 49, repealing section 153 of this title and sections 1607, 1607a, and 1614 of former Title 49, and enacting provisions set out as notes under this section, sections 103, 104, 109, 111, 120, 122, 124, 129, 130, 134, 135, 141, 142, 144, 146, 215, 217, 307, 320, 401, 402, and 403 of this title, section 6427 of Title 26, section 201 of former Title 40, Appendix, section 5904 of Title 42, The Public Health and Welfare, section 883 of Title 46, Appendix, Shipping, and sections 1601, 1602, 1604, 1605, 1612, and 1653 of former Title 49] may be cited as the 'Surface Transportation Assistance Act of 1978'." Section 101 of title I of Pub. L. 95-599 provided that: "This title [enacting sections 119 and 146 of this title, amending this section, sections 103, 104, 105, 109, 111, 116, 118, 120, 122, 124, 125, 129, 131, 134, 141, 144, 148, 151, 152, 155, 203, 215, 217, 219, 320, and 406 of this title, and section 201 of former Title 40, Appendix, Public Buildings, Property and Works, repealing section 153 of this title and provisions set out as notes under this section and section 1605 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section, sections 103, 104, 109, 111, 120, 122, 124, 129, 130, 134, 135, 141, 142, 144, 146, 217, 307, and 320 of this title, section 201 of former Title 40, Appendix, section 5904 of Title 42, section 883 of Title 46, Appendix, Shipping, and section 1653 of former Title 49, Transportation] may be cited as the 'Federal-Aid Highway Act of 1978'." Section 501 of Pub. L. 95-599 provided that: "This title [amending section 4601-11 of Title 16, Conservation, sections 39, 4041, 4061, 4071, 4081, 4481, 4482, 6156, 6412, 6421, 6427, 7210, 7603, 7604, and 7605 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under sections 120 and 307 of this title and section 6427 of Title 26] may be cited as the 'Highway Revenue Act of 1978'." SHORT TITLE OF 1976 AMENDMENT Pub. L. 94-280, title I, Sec. 101, May 5, 1976, 90 Stat. 425, provided that: "This title [enacting section 156 of this title, amending this section and sections 103, 104, 106, 108, 117, 118, 121, 125, 127, 129, 131, 135, 138 to 140, 142, 147, 152, 153, 202, 203, 217, 219, 319, and 320 of this title, repealing sections 146 and 405 of this title, enacting provisions set out as notes under this section, sections 103, 104, 124, 134, 135, 215, 218, 319, and 320 of this title, and section 1605 of former Title 49, Transportation, and amending provisions set out as notes under this section, sections 120, 130, and 142 of this title, and section 1605 of former Title 49] may be cited as the 'Federal-Aid Highway Act of 1976'." SHORT TITLE OF 1974 AMENDMENT Pub. L. 93-643, Sec. 1, Jan. 4, 1975, 88 Stat. 2281, provided: "That this Act [enacting sections 141, 154, 155, 219, and 406, amending this section and sections 103, 115, 127, 129, 131, 136, 144, 208, 320, 322, 323, and 405, enacting provisions set out as notes under this section, sections 142, 217, and 320, amending provisions set out as notes under this section and sections 130 and 142, and repealing provisions set out as a note under this section] may be cited as the 'Federal-Aid Highway Amendments of 1974'." SHORT TITLE OF 1973 AMENDMENT Pub. L. 93-87, title I, Sec. 101, Aug. 13, 1973, 87 Stat. 250, provided that: "This title [enacting sections 145 to 150, 217, 218, 323, and 324 of this title and section 1602a of former Title 49, Transportation, amending this section and sections 103 to 105, 108, 109, 114, 117, 121, 126, 129, 135, 140, 142, 143, 149, 207, 303, 307 to 310, 312, 314, and 320 of this title, and enacting provisions set out as notes under this section, sections 103, 104, 120, 130, 142, 218, 307, 319, and 320 of this title, and sections 1608 and 1637 of former Title 49] may be cited as the 'Federal-Aid Highway Act of 1973'." SHORT TITLE OF 1970 AMENDMENT Pub. L. 91-605, title I, Sec. 101, Dec. 31, 1970, 84 Stat. 1713, provided that: "This title [enacting sections 142, 143, 215, 216, 321, and 510 of this title, amending this section and sections 103, 104, 105, 106, 109, 120, 125, 128, 129, 131, 134, 135, 136, 139, 140, 303, 307, 320, 506, 511, 512 of this title and section 517 of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under this section and sections 104, 120, 129, 131, 134, 215, 216, 303, 307, 320, and 510 of this title] may be cited as the 'Federal-Aid Highway Act of 1970'." SHORT TITLE OF 1968 AMENDMENT Pub. L. 90-495, Sec. 1, Aug. 23, 1968, 82 Stat. 815, provided that: "This Act [enacting sections 135, 139, 140, and 141 of this title, amending this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, 402, and 501 to 512 of this title, section 636 of Title 15, Commerce and Trade, section 1653 of former Title 49, Transportation, and provisions set out as a note under this section, repealing section 133 of this title and enacting provisions formerly set out as notes under this section and sections 104, 108, 125, 134, 501, 502, and 510 of this title] may be cited as the 'Federal-Aid Highway Act of 1968'." SHORT TITLE OF 1966 AMENDMENT Pub. L. 89-574, Sec. 1, Sept. 13, 1966, 80 Stat. 766, provided that: "This Act [enacting sections 120 and 138 of this title, amending this section and sections 104, 109, 118, 120, 125, 131, 136, 302, and 319 of this title, and enacting provisions set out as notes under this section and sections 106, 108, 125, 133, and 137 of this title] may be cited as the 'Federal-Aid Highway Act of 1966'." SHORT TITLE OF 1965 AMENDMENT Pub. L. 89-285, Sec. 403, Oct. 22, 1965, 79 Stat. 1033, provided that: "This Act [enacting sections 136 of this title and provisions set out as notes under sections 131 and 135 of this title and amending sections 131 and 319 of this title] may be cited as the 'Highway Beautification Act of 1965'." SHORT TITLE OF 1964 AMENDMENT Pub. L. 88-423 Sec. 1, Aug. 13, 1964, 78 Stat. 397, provided that: "This Act [amending this section and sections 104, 205, 209, and 320 of this title] may be cited as the 'Federal-Aid Highway Act of 1964'." SHORT TITLE OF 1963 AMENDMENT Pub. L. 88-157, Sec. 1, Oct. 24, 1963, 77 Stat. 276, provided: "That this Act [amending sections 104, 106, 109, 121, 131, and 307 of this title] may be cited as the 'Federal-Aid Highway Amendments Act of 1963'." SHORT TITLE OF 1962 AMENDMENT Pub. L. 87-866, Sec. 1, Oct. 23, 1962, 76 Stat. 1145, provided that: "This Act [enacting sections 133, 134 and 214 of this title, amending this section and sections 103, 104, 203, and 307 of this title, and enacting provisions set out as a note under section 307 of this title] may be cited as the 'Federal-Aid Highway Act of 1962'." SHORT TITLE OF 1961 AMENDMENT Pub. L. 87-61, title I, Sec. 101, June 29, 1961, 75 Stat. 122, provided that: "This Act [enacting section 6156 of Title 26, Internal Revenue Code, amending sections 111, 131 and 210 of this title and sections 4041, 4061, 4071, 4081, 4218, 4221, 4226, 4481, 4482, 6412, 6416, 6421, and 6601 of Title 26, enacting provisions set out as notes under this section and section 104 of this title and under section 4041 of Title 26, and amending provisions set out as notes under this section and section 120 of this title] may be cited as the 'Federal-Aid Highway Act of 1961'." SHORT TITLE OF 1960 AMENDMENT Pub. L. 86-657, Sec. 1, July 14, 1960, 74 Stat. 522, provided that: "This Act [enacting section 132 of this title and amending sections 104, 114, 120, 129, 203, 205, 210, and 305 of this title] may be cited as the 'Federal Highway Act of 1960'." SHORT TITLE OF 1959 AMENDMENT Pub. L. 86-342, title I, Sec. 101, Sept. 21, 1959, 73 Stat. 611, provided that: "This Act [amending sections 125, 131, 137, and 320 of this title, and sections 4041, 4081, 4082, 4226, 6412, 6416, and 6421 of Title 26, Internal Revenue Code, enacting notes set out under section 307 of this title and section 4082 of Title 26, and amending notes set out under this section and sections 104 and 120 of this title] may be cited as the 'Federal-Aid Highway Act of 1959'." SEPARABILITY Section 36 of Pub. L. 90-495 provided that: "If any provision of this Act (including the amendments made by this Act) [enacting sections 135, 139, 140, 141, and 501-511 of this title, amending this section, sections 103, 104, 108, 112, 113, 115, 116, 120, 125, 128, 129, 131, 135, 136, 138, 205, 319, and 402 of this title, section 636 of Title 15, Commerce and Trade, section 1653 of former Title 49, Transportation, and provisions set out as a note under this section, repealing section 133 of this title, and enacting provisions set out as notes under this section and sections 104, 108, 125, 134, 501, 502, and 510 of this title] or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of the provision to other persons or circumstances shall not be affected thereby." -TRANS- ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of Commerce and other officers and offices of Department of Commerce under this title and under specific related laws and parts of laws set out in the notes in this title relating generally to highways and highway and traffic safety transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created Department of Transportation. See section 102 of Title 49, Transportation, and Pub. L. 97-449, Sec. 2, Jan. 12, 1983, 96 Stat. 2439. -MISC2- PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE Pub. L. 109-59, title I, Sec. 1301, Aug. 10, 2005, 119 Stat. 1198, provided that: "(a) Findings. - Congress finds the following: "(1) Under current law, surface transportation programs rely primarily on formula capital apportionments to States. "(2) Despite the significant increase for surface transportation program funding in the Transportation Equity Act of the 21st Century [Pub. L. 105-178, see Tables for classification], current levels of investment are insufficient to fund critical high-cost transportation infrastructure facilities that address critical national economic and transportation needs. "(3) Critical high-cost transportation infrastructure facilities often include multiple levels of government, agencies, modes of transportation, and transportation goals and planning processes that are not easily addressed or funded within existing surface transportation program categories. "(4) Projects of national and regional significance have national and regional benefits, including improving economic productivity by facilitating international trade, relieving congestion, and improving transportation safety by facilitating passenger and freight movement. "(5) The benefits of projects described in paragraph (4) accrue to local areas, States, and the Nation as a result of the effect such projects have on the national transportation system. "(6) A program dedicated to constructing projects of national and regional significance is necessary to improve the safe, secure, and efficient movement of people and goods throughout the United States and improve the health and welfare of the national economy. "(b) Establishment of Program. - The Secretary [of Transportation] shall establish a program to provide grants to States for projects of national and regional significance. "(c) Definitions. - In this section, the following definitions apply: "(1) Eligible project costs. - The term 'eligible project costs' means the costs of - "(A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and "(B) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements. "(2) Eligible project. - The term 'eligible project' means any surface transportation project eligible for Federal assistance under title 23, United States Code, including freight railroad projects and activities eligible under such title. "(3) State. - The term 'State' has the meaning such term has in section 101(a) of title 23, United States Code. "(d) Eligibility. - To be eligible for assistance under this section, a project shall have eligible project costs that are reasonably anticipated to equal or exceed the lesser of - "(1) $500,000,000; or "(2) 75 percent of the amount of Federal highway assistance funds apportioned for the most recently completed fiscal year to the State in which the project is located. "(e) Applications. - Each State seeking to receive a grant under this section for an eligible project shall submit to the Secretary [of Transportation] an application in such form and in accordance with such requirements as the Secretary shall establish. "(f) Competitive Grant Selection and Criteria for Grants. - "(1) In general. - The Secretary [of Transportation] shall - "(A) establish criteria for selecting among projects that meet the eligibility criteria specified in subsection (d); "(B) conduct a national solicitation for applications; and "(C) award grants on a competitive basis. "(2) Criteria for grants. - The Secretary may approve a grant under this section for a project only if the Secretary determines that the project - "(A) is based on the results of preliminary engineering; "(B) is justified based on the ability of the project - "(i) to generate national economic benefits, including creating jobs, expanding business opportunities, and impacting the gross domestic product; "(ii) to reduce congestion, including impacts in the State, region, and Nation; "(iii) to improve transportation safety, including reducing transportation accidents, injuries, and fatalities; "(iv) to otherwise enhance the national transportation system; and "(v) to garner support for non-Federal financial commitments and provide evidence of stable and dependable financing sources to construct, maintain, and operate the infrastructure facility; and "(C) is supported by an acceptable degree of non-Federal financial commitments, including evidence of stable and dependable financing sources to construct, maintain, and operate the infrastructure facility. "(3) Selection considerations. - In selecting a project under this section, the Secretary shall consider the extent to which the project - "(A) leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships; "(B) uses new technologies, including intelligent transportation systems, that enhance the efficiency of the project; and "(C) helps maintain or protect the environment. "(4) Preliminary engineering. - In evaluating a project under paragraph (2)(A), the Secretary shall analyze and consider the results of preliminary engineering for the project. "(5) Non-federal financial commitment. - "(A) Evaluation of project. - In evaluating a project under paragraph (2)(C), the Secretary shall require that - "(i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases; and "(ii) each proposed non-Federal source of capital and operating financing is stable, reliable, and available within the proposed project timetable. "(B) Considerations. - In assessing the stability, reliability, and availability of proposed sources of non- Federal financing under subparagraph (A), the Secretary shall consider - "(i) existing financial commitments; "(ii) the degree to which financing sources are dedicated to the purposes proposed; "(iii) any debt obligation that exists or is proposed by the recipient for the proposed project; and "(iv) the extent to which the project has a non-Federal financial commitment that exceeds the required non-Federal share of the cost of the project. "(6) Regulations. - Not later than 180 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary shall issue regulations on the manner in which the Secretary will evaluate and rate the projects based on the results of preliminary engineering, project justification, and the degree of non-Federal financial commitment, as required under this subsection. "(7) Project evaluation and rating. - "(A) In general. - A proposed project may advance from preliminary engineering to final design and construction only if the Secretary finds that the project meets the requirements of this subsection and there is a reasonable likelihood that the project will continue to meet such requirements. "(B) Evaluation and rating. - In making such findings, the Secretary shall evaluate and rate the project as 'highly recommended', 'recommended', or 'not recommended' based on the results of preliminary engineering, the project justification criteria, and the degree of non-Federal financial commitment, as required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating, individual ratings for each of the criteria established under the regulations issued under paragraph (6). "(g) Letters of Intent and Full Funding Grant Agreements. - "(1) Letter of intent. - "(A) In general. - The Secretary [of Transportation] may issue a letter of intent to an applicant announcing an intention to obligate, for a project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project. "(B) Notification. - At least 60 days before issuing a letter under subparagraph (A) or entering into a full funding grant agreement, the Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project. "(C) Not an obligation. - The issuance of a letter is deemed not to be an obligation under sections 1108(c), 1108(d), 1501, and 1502(a) of title 31, United States Code, or an administrative commitment. "(D) Obligation or commitment. - An obligation or administrative commitment may be made only when contract authority is allocated to a project. "(2) Full funding grant agreement. - "(A) In general. - A project financed under this subsection shall be carried out through a full funding grant agreement. The Secretary shall enter into a full funding grant agreement based on the evaluations and ratings required under subsection (f)(7). "(B) Terms. - If the Secretary makes a full funding grant agreement with an applicant, the agreement shall - "(i) establish the terms of participation by the United States Government in a project under this section; "(ii) establish the maximum amount of Government financial assistance for the project; "(iii) cover the period of time for completing the project, including a period extending beyond the period of an authorization; and "(iv) make timely and efficient management of the project easier according to the laws of the United States. "(C) Agreement. - An agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. The agreement shall state that the contingent commitment is not an obligation of the Government. Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. "(3) Amounts. - The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding letters of intent and full funding grant agreements may be not more than the greater of the amount authorized to carry out this section or an amount equivalent to the last 2 fiscal years of funding authorized to carry out this section less an amount the Secretary reasonably estimates is necessary for grants under this section not covered by a letter. The total amount covered by new letters and contingent commitments included in full funding grant agreements may be not more than a limitation specified in law. "(h) Grant Requirements. - "(1) In general. - A grant for a project under this section shall be subject to all of the requirements of title 23, United States Code. "(2) Other terms and conditions. - The Secretary [of Transportation] shall require that all grants under this section be subject to all terms, conditions, and requirements that the Secretary decides are necessary or appropriate for purposes of this section, including requirements for the disposition of net increases in value of real property resulting from the project assisted under this section. "(i) Government's Share of Project Cost. - Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary [of Transportation] shall estimate the cost of a project receiving assistance under this section. A grant for the project is for 80 percent of the project cost, unless the grant recipient requests a lower grant percentage. A refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Government is made at the same time. "(j) Fiscal Capacity Considerations. - If the Secretary [of Transportation] gives priority consideration to financing projects that include more than the non-Government share required under subsection (i) the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments. "(k) Reports. - "(1) Annual report. - Not later than the first Monday in February of each year, the Secretary [of Transportation] shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes a proposal on the allocation of amounts to be made available to finance grants under this section. "(2) Recommendations on funding. - The annual report under this paragraph [subsection] shall include evaluations and ratings, as required under subsection (f). The report shall also include recommendations of projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years and for the next 10 fiscal years based on information currently available to the Secretary. "(l) Applicability of Title 23. - Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended and the Federal share of the cost of a project under this section shall be as provided in this section. "(m) Designated Projects. - [Omitted.]" NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM Pub. L. 109-59, title I, Sec. 1302, Aug. 10, 2005, 119 Stat. 1204, provided that: "(a) In General. - The Secretary [of Transportation] shall establish and implement a program to make allocations to States for highway construction projects in corridors of national significance to promote economic growth and international or interregional trade pursuant to the selection factors provided in this section. A State must submit an application to the Secretary in order to receive an allocation under this section. "(b) Selection Process. - "(1) Priority. - In the selection process under this section, the Secretary [of Transportation] shall give priority to projects in corridors that are a part of, or will be designated as part of, the Dwight D. Eisenhower National System of Interstate and Defense Highways after completion of the work described in the application received by the Secretary and to any project that will be completed within 5 years of the date of the allocation of funds for the project. "(2) Selection factors. - In making allocations under this section, the Secretary shall consider the following factors: "(A) The extent to which the corridor provides a link between two existing segments of the Interstate System. "(B) The extent to which the project will facilitate major multistate or regional mobility and economic growth and development in areas underserved by existing highway infrastructure. "(C) The extent to which commercial vehicle traffic in the corridor - "(i) has increased since the date of enactment of the North American Free Trade Agreement Implementation Act [Pub. L. 103- 182, Dec. 8, 1993] (16 U.S.C. 4401 et seq. [see Tables for classification]); and "(ii) is projected to increase in the future. "(D) The extent to which international truck-borne commodities move through the corridor. "(E) The extent to which the project will make improvements to an existing segment of the Interstate System that will result in a decrease in congestion. "(F) The reduction in commercial and other travel time through a major freight corridor expected as a result of the project. "(G) The value of the cargo carried by commercial vehicle traffic in the corridor and the economic costs arising from congestion in the corridor. "(H) The extent of leveraging of Federal funds provided to carry out this section, including - "(i) use of innovative financing; "(ii) combination with funding provided under other sections of this Act [see Tables for classification] and title 23, United States Code; and "(iii) combination with other sources of Federal, State, local, or private funding. "(c) Applicability of Title 23. - Funds made available by section 1101(a)(10) of this Act [119 Stat. 1154] to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in accordance with section 120 of such title. "(d) State Defined. - In this section, the term 'State' has the meaning such term has in section 101(a) of title 23, United States Code. "(e) Designated Projects. - [Omitted.]" DELTA REGION TRANSPORTATION DEVELOPMENT PROGRAM Pub. L. 109-59, title I, Sec. 1308, Aug. 10, 2005, 119 Stat. 1218, provided that: "(a) In General. - The Secretary [of Transportation] shall carry out a program in the 8 States comprising the Delta Region (Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee) to - "(1) support and encourage multistate transportation planning and corridor development; "(2) provide for transportation project development; "(3) facilitate transportation decisionmaking; and "(4) support transportation construction. "(b) Eligible Recipients. - A State transportation department or metropolitan planning organization in a Delta Region State may receive and administer funds provided under the program. "(c) Eligible Activities. - The Secretary [of Transportation] shall make allocations under the program for multistate highway planning, development, and construction projects. "(d) Other Provisions Regarding Eligibility. - All activities funded under this program shall be consistent with the continuing, cooperative, and comprehensive planning processes required by sections 134 and 135 of title 23, United States Code. "(e) Selection Criteria. - The Secretary [of Transportation] shall select projects to be carried out under the program based on - "(1) whether the project is located - "(A) in an area under the authority of the Delta Regional Authority; and "(B) on a Federal-aid highway; "(2) endorsement of the project by the State department of transportation; and "(3) evidence of the ability of the recipient of funds provided under the program to complete the project. "(f) Program Priorities. - In administering the program, the Secretary [of Transportation] shall - "(1) encourage State and local officials to work together to develop plans for multimodal and multijurisdictional transportation decisionmaking; and "(2) give priority to projects that emphasize multimodal planning, including planning for operational improvements that - "(A) increase the mobility of people and goods; "(B) improve the safety of the transportation system with respect to catastrophic natural disasters or disasters caused by human activity; and "(C) contribute to the economic vitality of the area in which the project is being carried out. "(g) Federal Share. - Amounts provided by the Delta Regional Authority to carry out a project under this subsection [probably means this section] may be applied to the non-Federal share of the project required by section 120 of title 23, United States Code. "(h) Funding. - "(1) In general. - There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $10,000,000 for each of fiscal years 2006 through 2009. "(2) Contract authority. - Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended." MOTORCYCLIST ADVISORY COUNCIL Pub. L. 109-59, title I, Sec. 1914, Aug. 10, 2005, 119 Stat. 1478, provided that: "(a) In General. - The Secretary [of Transportation], acting through the Administrator of the Federal Highway Administration, in consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, shall appoint a Motorcyclist Advisory Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including - "(1) barrier design; "(2) road design, construction, and maintenance practices; and "(3) the architecture and implementation of intelligent transportation system technologies. "(b) Composition. - The Council shall consist of not more than 10 members of the motorcycling community with professional expertise in national motorcyclist safety advocacy, including - "(1) at least - "(A) one member recommended by a national motorcyclist association; "(B) one member recommended by a national motorcycle riders foundation; "(C) one representative of the National Association of State Motorcycle Safety Administrators; "(D) two members of State motorcyclists' organizations; "(E) one member recommended by a national organization that represents the builders of highway infrastructure; "(F) one member recommended by a national association that represents the traffic safety systems industry; and "(G) one member of a national safety organization; and "(2) at least one, and not more than two, motorcyclists who are traffic system design engineers or State transportation department officials." NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM Pub. L. 105-178, title I, Sec. 1118, June 9, 1998, 112 Stat. 161, provided that: "(a) In General. - The Secretary shall establish and implement a program to make allocations to States and metropolitan planning organizations for coordinated planning, design, and construction of corridors of national significance, economic growth, and international or interregional trade. A State or metropolitan planning organization may apply to the Secretary for allocations under this section. "(b) Eligibility of Corridors. - The Secretary may make allocations under this section with respect to - "(1) high priority corridors identified in section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 [Pub. L. 102-240, 105 Stat. 2032]; and "(2) any other significant regional or multistate highway corridor not described in whole or in part in paragraph (1) selected by the Secretary after consideration of - "(A) the extent to which the annual volume of commercial vehicle traffic at the border stations or ports of entry of each State - "(i) has increased since the date of enactment of the North American Free Trade Agreement Implementation Act (Public Law 103-182 [Dec. 8, 1993]); and "(ii) is projected to increase in the future; "(B) the extent to which commercial vehicle traffic in each State - "(i) has increased since the date of enactment of the North American Free Trade Agreement Implementation Act (Public Law 103-182); and "(ii) is projected to increase in the future; "(C) the extent to which international truck-borne commodities move through each State; "(D) the reduction in commercial and other travel time through a major international gateway or affected port of entry expected as a result of the proposed project including the level of traffic delays at at-grade highway crossings of major rail lines in trade corridors; "(E) the extent of leveraging of Federal funds provided under this subsection, including - "(i) use of innovative financing; "(ii) combination with funding provided under other sections of this Act [see Tables for classification] and title 23, United States Code; and "(iii) combination with other sources of Federal, State, local, or private funding including State, local, and private matching funds; "(F) the value of the cargo carried by commercial vehicle traffic, to the extent that the value of the cargo and congestion impose economic costs on the Nation's economy; and "(G) encourage or facilitate major multistate or regional mobility and economic growth and development in areas underserved by existing highway infrastructure. "(c) Purposes. - Allocations may be made under this section for 1 or more of the following purposes: "(1) Feasibility studies. "(2) Comprehensive corridor planning and design activities. "(3) Location and routing studies. "(4) Multistate and intrastate coordination for corridors described in subsection (b). "(5) After review by the Secretary of a development and management plan for the corridor or a usable component thereof under subsection (b) - "(A) environmental review; and "(B) construction. "(d) Corridor Development and Management Plan. - A State or metropolitan planning organization receiving an allocation under this section shall develop, and submit to the Secretary for review, a development and management plan for the corridor or a usable component thereof with respect to which the allocation is being made. Such plan shall include, at a minimum, the following elements: "(1) A complete and comprehensive analysis of corridor costs and benefits. "(2) A coordinated corridor development plan and schedule, including a timetable for completion of all planning and development activities, environmental reviews and permits, and construction of all segments. "(3) A finance plan, including any innovative financing methods and, if the corridor is a multistate corridor, a State-by-State breakdown of corridor finances. "(4) The results of any environmental reviews and mitigation plans. "(5) The identification of any impediments to the development and construction of the corridor, including any environmental, social, political and economic objections. In the case of a multistate corridor, the Secretary shall encourage all States having jurisdiction over any portion of such corridor to participate in the development of such plan. "(e) Applicability of Title 23. - Funds made available by section 1101 of this Act [set out in part as a note below] to carry out this section and section 1119 [set out below] shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. "(f) Coordination of Planning. - Planning with respect to a corridor under this section shall be coordinated with transportation planning being carried out by the States and metropolitan planning organizations along the corridor and, to the extent appropriate, with transportation planning being carried out by Federal land management agencies, by tribal governments, or by government agencies in Mexico or Canada. "(g) State Defined. - In this section, the term 'State' has the meaning such term has under section 101 of title 23, United States Code." COORDINATED BORDER INFRASTRUCTURE PROGRAM Pub. L. 109-59, title I, Sec. 1303, Aug. 10, 2005, 119 Stat. 1207, provided that: "(a) General Authority. - The Secretary [of Transportation] shall implement a coordinated border infrastructure program under which the Secretary shall distribute funds to border States to improve the safe movement of motor vehicles at or across the border between the United States and Canada and the border between the United States and Mexico. "(b) Eligible Uses. - Subject to subsection (d), a State may use funds apportioned under this section only for - "(1) improvements in a border region to existing transportation and supporting infrastructure that facilitate cross-border motor vehicle and cargo movements; "(2) construction of highways and related safety and safety enforcement facilities in a border region that facilitate motor vehicle and cargo movements related to international trade; "(3) operational improvements in a border region, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross border motor vehicle and cargo movement; "(4) modifications to regulatory procedures to expedite safe and efficient cross border motor vehicle and cargo movements; and "(5) international coordination of transportation planning, programming, and border operation with Canada and Mexico relating to expediting cross border motor vehicle and cargo movements. "(c) Apportionment of Funds. - On October 1 of each fiscal year, the Secretary [of Transportation] shall apportion among border States sums authorized to be appropriated to carry out this section for such fiscal year as follows: "(1) 20 percent in the ratio that - "(A) the total number of incoming commercial trucks that pass through the land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to "(B) the total number of incoming commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. "(2) 30 percent in the ratio that - "(A) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to "(B) the total number of incoming personal motor vehicles and incoming buses that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. "(3) 25 percent in the ratio that - "(A) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to "(B) the total weight of incoming cargo by commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. "(4) 25 percent of the ratio that - "(A) the total number of land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to "(B) the total number of land border ports of entry within the boundaries of all the border States, as determined by the Secretary. "(d) Projects in Canada or Mexico. - A project in Canada or Mexico, proposed by a border State to directly and predominantly facilitate cross-border motor vehicle and cargo movements at an international port of entry into the border region of the State, may be constructed using funds apportioned to the State under this section if, before obligation of those funds, Canada or Mexico, or the political subdivision of Canada or Mexico that is responsible for the operation of the facility to be constructed, provides assurances satisfactory to the Secretary [of Transportation] that any facility constructed under this subsection will be - "(1) constructed in accordance with standards equivalent to applicable standards in the United States; and "(2) properly maintained and used over the useful life of the facility for the purpose for which the Secretary is allocating such funds to the project. "(e) Transfer of Funds to the General Services Administration. - "(1) State funds. - At the request of a border State, funds apportioned to the State under this section may be transferred to the General Services Administration for the purpose of funding one or more projects described in subsection (b) if - "(A) the Secretary [of Transportation] determines, after consultation with the transportation department of the border State, that the General Services Administration should carry out the project; and "(B) the General Services Administration agrees to accept the transfer of, and to administer, those funds in accordance with this section. "(2) Non-federal share. - "(A) In general. - A border State that makes a request under paragraph (1) shall provide directly to the General Services Administration, for each project covered by the request, the non-Federal share of the cost of the project. "(B) No augmentation of appropriations. - Funds provided by a border State under subparagraph (A) - "(i) shall not be considered to be an augmentation of the appropriations made available to the General Services Administration; and "(ii) shall be - "(I) administered, subject to paragraph (1)(B), in accordance with the procedures of the General Services Administration; but "(II) available for obligation in the same mann