§215. Territorial highway program

(a) Recognizing the mutual benefits that will accrue to the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and to the United States from the improvement of highways in such territories of the United States, the Secretary is authorized to assist each such territorial government in a program for the construction and improvement of a system of arterial highways, and necessary interisland connectors designated by the Governor of such territory and approved by the Secretary. Federal financial assistance shall be granted under this subsection to such territories upon the basis of a Federal contribution of 100 per centum of the cost of any project.

(b) In order to establish a long-range highway development program, the Secretary is authorized to provide technical assistance for the establishment of an appropriate agency to administer on a continuing basis highway planning, design, construction and maintenance operations, the development of a system of arterial and collector highways, including necessary interisland connectors, and the establishment of advance acquisition of right-of-way and relocation assistance programs.

(c) No part of the appropriations authorized under this section shall be available for obligation or expenditure with respect to any territory until the Governor enters into an agreement with the Secretary providing that the government of such territory (1) will design and construct a system of arterial and collector highways, including necessary interisland connectors, built in accordance with standards approved by the Secretary; (2) will not impose any toll, or permit any such toll to be charged, for use by vehicles or persons of any portion of the facilities constructed or operated under the provisions of this section; (3) will provide for the maintenance of such facilities in a condition to adequately serve the needs of present and future traffic; (4) will implement standards for traffic operations and uniform traffic control devices which are approved by the Secretary.

(d)(1) Three per centum of the sums authorized to be appropriated for each fiscal year for carrying out subsection (a) of this section shall be available for expenditure only for engineering and economic surveys and investigations, for the planning of future highway programs and the financing thereof, for studies of the economy, safety, and convenience of highway usage and the desirable regulation and equitable taxation thereof, and for research and development, necessary in connection with the planning, design, and maintenance of the highway system, and the regulation and taxation of their use.

(2) In addition to the percentage provided in paragraph (1) of the subsection, not to exceed 2 per centum of sums authorized to be appropriated for each fiscal year for carrying out subsection (a) of this section may be expended upon request of the Governor and with the approval of the Secretary for the purposes enumerated in paragraph (1) of this subsection.

(e) None of the funds authorized to be appropriated for carrying out this section shall be obligated or expended for maintenance of the highway system.

(f) The provisions of chapter 1 of this title that are applicable to Federal-aid primary highway funds, other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section.

(Added Pub. L. 91–605, title I, §112(a), Dec. 31, 1970, 84 Stat. 1720 ; amended Pub. L. 95–599, title I, §129(f), Nov. 6, 1978, 92 Stat. 2708 ; Pub. L. 96–106, §9, Nov. 9, 1979, 93 Stat. 798 ; Pub. L. 100–17, title I, §133(b)(16), Apr. 2, 1987, 101 Stat. 172 .)

Amendments

1987-Subsec. (a). Pub. L. 100–17 inserted reference in first sentence to Commonwealth of the Northern Mariana Islands.

1979-Subsec. (f). Pub. L. 96–106 substituted "chapter 1" for "chapters 1 and 5".

1978-Subsec. (a). Pub. L. 95–599 substituted "100 per centum" for "70 per centum".

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–599 effective with respect to obligations incurred after Nov. 6, 1978, see section 129(h) of Pub. L. 95–599, set out as a note under section 120 of this title.

Authorization of Appropriations for Fiscal Years Ending September 30, 1979, 1980, and 1982

Pub. L. 95–599, title I, §104(a)(12), Nov. 6, 1978, 92 Stat. 2691 , provided that: "For carrying out section 215(a) of title 23, United States Code-

"(A) for the Virgin Islands, not to exceed $5,000,000 per fiscal year for each of the fiscal years ending September 30, 1979, September 30, 1980, September 30, 1981, and September 30, 1982.

"(B) for Guam, not to exceed $5,000,000 per fiscal year for each of the fiscal years ending September 30, 1979, September 30, 1980, September 30, 1981, and September 30, 1982.

"(C) for American Samoa, not to exceed $1,000,000 per fiscal year for each of the fiscal years ending September 30, 1979, September 30, 1980, September 30, 1981, and September 30, 1982.

"Sums authorized by this paragraph shall be available for obligation at the beginning of the period for which authorized in the same manner and to the same extent as if such sums were apportioned under chapter 1 of title 23, United States Code."

Authorization of Appropriations, Three-Month Period Ending September 30, 1976, and Fiscal Years Ending September 30, 1977, and 1978

Pub. L. 94–280, title I, §105(a)(12), May 5, 1976, 90 Stat. 427 , authorized the appropriation of not to exceed $1,250,000 for the Virgin Islands and Guam and not to exceed $250,000 for American Samoa for the three-month period ending Sept. 30, 1976, and not to exceed $5,000,000 for the Virgin Islands and Guam and not to exceed $1,000,000 for American Samoa for the fiscal years ending Sept. 30, 1977, and 1978, such sums to be available for obligation at the beginning of the fiscal year for which authorized.

Authorization of Appropriations, Fiscal Years Ending June 30, 1974, 1975, and 1976

Pub. L. 93–87, title I, §104(a)(12), Aug. 13, 1973, 87 Stat. 252 , authorized the appropriation for each of fiscal years ending June 30, 1974, 1975, and 1976 of not to exceed $5,000,000 for the Virgin Islands, not to exceed $2,000,000 for Guam, and not to exceed $1,000,000 for American Samoa, such sums to be available for obligation at the beginning of the fiscal year for which authorized.

Authorization of Appropriations, Fiscal Years Ending June 30, 1971, 1972, and 1973

Section 112(c), (d) of Pub. L. 91–605 authorized the appropriation of not to exceed $2,000,000 for each of fiscal years ending June 30, 1971, 1972, and 1973, for the Virgin Islands and Guam, and $500,000 for American Samoa, to carry out section 215(a) of this title; the sums appropriated for fiscal 1971 to be made available immediately and sums appropriated for fiscal 1972 and 1973 to be available at the beginning of the fiscal year for which authorized.