§201. Appalachian development highway system

(a) In order to provide a highway system which, in conjunction with the Interstate System and other Federal-aid highways in the Appalachian region, will open up an area or areas with a developmental potential where commerce and communication have been inhibited by lack of adequate access, the Secretary of Transportation (hereafter in this section referred to as the "Secretary") is authorized to assist in the construction of an Appalachian development highway system and local access roads serving the Appalachian region. The provisions of sections 106(a) and 118 of title 23, United States Code, relating to the obligation, period of availability, and expenditure of Federal-aid highway funds, shall apply to the development highway system and the local access roads, and all other provisions of such title 23 that are applicable to the construction and maintenance of Federal-aid primary and secondary highways and which the Secretary determines are not inconsistent with this Act shall apply, respectively, to such system and roads. Construction on the development highway system shall not exceed three thousand and twenty-five miles. Construction of local access roads shall not exceed one thousand four hundred miles that will serve specific recreational, residential, educational, commercial, industrial, or other like facilities or will facilitate a school consolidation program.

(b) The Commission shall transmit to the Secretary its designations of (1) the general corridor location and termini of the development highways, (2) local access roads to be constructed, (3) priorities for the construction of segments of the development highways, and (4) other criteria for the program authorized by this section. Before any State member participates in or votes on such designations, he shall have obtained the recommendations of the State transportation department of the State which he represents.

(c) In no event shall the Secretary assist in any construction (including right-of-way acquisition) which would require for its completion the expenditure of Federal funds (other than funds available under title 23, United States Code) in excess of the appropriations authorization in subsection (g). On its completion each development highway not already on the Federal-aid primary system shall be added to such system and each development highway and local access road shall be required to be maintained by the State as provided for Federal-aid highways in title 23, United States Code.

(d) In the construction of highways and roads authorized under this section, the States may give special preference to the use of materials and products indigenous to the Appalachian region.

(e) For the purposes of research and development in the use of coal and coal products in highway construction and maintenance, the Secretary is authorized to require each participating State, to the maximum extent possible, to use coal derivatives in the construction of not to exceed 10 per centum of the roads authorized under this Act.

(f) Federal assistance to any construction project under this section shall not exceed 80 per centum of the costs of such project.

(g) To carry out this section, there is hereby authorized to be appropriated to the President, to be available until expended, $175,000,000 for the fiscal year ending June 30, 1971; $175,000,000 for the fiscal year ending June 30, 1972; $180,000,000 for the fiscal year ending June 30, 1973; $180,000,000 for the fiscal year ending June 30, 1974; $185,000,000 for the fiscal year ending June 30, 1975; $185,000,000 for the fiscal year ending June 30, 1976; $185,000,000 for the fiscal year ending June 30, 1977; $250,000,000 for fiscal year 1978; $300,000,000 for fiscal year 1979; $300,000,000 for fiscal year 1980; $215,000,000 for fiscal year 1981; and $165,000,000 for fiscal year 1982.

(h)(1) When a participating State proceeds to construct a segment of a development highway without the aid of Federal funds, in accordance with all procedures and requirements applicable to the construction of segments of Appalachian development highways with such funds, except insofar as such procedures and requirements limit a State to the construction of projects for which Federal funds have previously been appropriated, the Secretary, upon application by the State and with the approval of the Commission, is authorized to pay to the State the Federal share not to exceed 80 per centum of the costs of the construction of such segment, from any sums appropriated and allocated to such State to carry out this section.

(2) This subsection shall not be construed as a commitment or obligation on the part of the United States to provide funds for segments of development highways constructed under this subsection, and shall not increase the limitation on construction in subsection (c).

( Pub. L. 89–4, title II, §201, Mar. 9, 1965, 79 Stat. 10 ; Pub. L. 89–670, §8(b), Oct. 15, 1966, 80 Stat. 942 ; Pub. L. 90–103, title I, §106, Oct. 11, 1967, 81 Stat. 258 ; Pub. L. 91–123, title I, §103, Nov. 25, 1969, 83 Stat. 214 ; Pub. L. 92–65, title II, §204, Aug. 5, 1971, 85 Stat. 168 ; Pub. L. 94–188, title I, §110, Dec. 31, 1975, 89 Stat. 1081 ; Pub. L. 95–599, title I, §138(a), (b), Nov. 6, 1978, 92 Stat. 2710 ; Pub. L. 96–506, §3(3), Dec. 8, 1980, 94 Stat. 2746 ; Pub. L. 97–35, title XVIII, §1822(a)(2), Aug. 13, 1981, 95 Stat. 767 ; Pub. L. 105–178, title I, §§1117(c), 1212(a)(2)(B)(iii), June 9, 1998, 112 Stat. 160 , 193.)

Amendments

1998-Subsec. (b). Pub. L. 105–178, §1212(a)(2)(B)(iii), substituted "State transportation department" for "State highway department".

Subsec. (h)(1). Pub. L. 105–178, §1117(c), substituted "80" for "70".

1981-Subsec. (g). Pub. L. 97–35 substituted "$165,000,000" for "$215,000,000" in appropriation for fiscal year 1982.

1980-Subsec. (g). Pub. L. 96–506 increased from $170,000,000 to $215,000,000 amount authorized to be appropriated for fiscal year 1981, and inserted provision authorizing to be appropriated $215,000,000 for fiscal year 1982.

1978-Subsec. (a). Pub. L. 95–599, §138(b), substituted "three thousand and twenty-five miles" for "two thousand nine hundred miles".

Subsec. (f). Pub. L. 95–599, §138(a), substituted "80 per centum" for "50 per centum" and struck out provision authorizing Commissioner to allow assistance over and above maximum amount.

1975-Subsec. (a). Pub. L. 94–188, §110(1), increased limit on construction of highway system to 2900 miles from 2700 miles and decreased limit on construction of local access roads from 1600 miles to 1400 miles.

Subsec. (g). Pub. L. 94–188, §110(2), increased authorization of appropriation for fiscal year 1978, from $180,000,000 to $250,000,000, and inserted authorization of appropriations for fiscal years 1979, 1980, and 1981.

1971-Subsec. (g). Pub. L. 92–65 substituted provisions authorizing to be appropriated $175,000,000 for the fiscal years ending June 30, 1971, and June 30, 1972, $180,000,000 for the fiscal years ending June 30, 1973, and June 30, 1974, $185,000,000 for the fiscal years ending June 30, 1975, June 30, 1976, and June 30, 1977, and $180,000,000 for the fiscal year ending June 30, 1978, for provisions authorizing to be appropriated $175,000,000 for the fiscal years ending June 30, 1970, June 30, 1971, and June 30, 1972 and $170,000,000 for the fiscal year ending June 30, 1973.

1969-Subsec. (a). Pub. L. 91–123, §103(a), inserted references to sections 106(a) and 118 of title 23 relating to obligation, period of availability, and expenditures of Federal-aid highway funds as applicable to development of highway system and local access roads.

Subsec. (g). Pub. L. 91–123, §103(b), substituted provisions authorizing to be appropriated $175,000,000 for the fiscal years ending June 30, 1970, June 30, 1971, and June 30, 1972, and $170,000,000 for the fiscal year ending June 30, 1973, for provisions authorizing to be appropriated $715,000,000 for the four-fiscal-year period ending June 30, 1971.

1967-Subsec. (a). Pub. L. 90–103 rearranged text sequence, defined "Secretary" for this section as the Secretary of Transportation, increased development highway system and local access roads mileage from 2,350 to 2,700 and from 1,000 to 1,600 miles, respectively, made title 23 provisions relating to construction and maintenance of Federal-aid primary highways applicable only to the development highway system, made such title 23 provisions as related to Federal-aid secondary highways applicable to local access roads, and provided that such local access roads serve also educational facilities.

Subsec. (b). Pub. L. 90–103 substituted introductory provision respecting transmission of designations for submission of recommendations and in last sentence "designations" for "recommendations" and struck out initial phrase "As soon as feasible", "the designation of" before "local access roads" from cl. 2), and "of the local access roads and of the major" before "segments" from cl. (3).

Subsec. (c). Pub. L. 90–103 included right-of-way acquisition, required State maintenance of local access roads and that State maintenance be as provided for Federal-aid highways in Title 23, and struck out initial provision authorizing the Secretary to approve in whole or in part the recommendations or to require modifications or revisions thereof.

Subsec. (d). Pub. L. 90–103 substituted "materials and products" for "mineral resource materials".

Subsec. (e). Pub. L. 90–103 struck out "of Transportation" after "Secretary" in view of definition in subsec. (a) of this section.

Subsec. (f). Pub. L. 90–103 substituted "the Commission determines" for "the Secretary of Commerce and the Secretary of Transportation determine, pursuant to the recommendation of the Commission".

Subsec. (g). Pub. L. 90–103 substituted appropriation authorization of $715,000,000 to the President for four-fiscal-year period ending June 30, 1971, to be available until expended, for appropriation authorization of $840,000,000 to the Secretary of Commerce, who shall transfer funds to the Secretary of Transportation for administration of projects approved by both Secretaries.

Subsec. (h). Pub. L. 90–103 added subsec. (h).

1966-Subsec. (a). Pub. L. 89–670, §8(b)(1), (2), substituted "Transportation" for "Commerce (hereafter in this section referred to as the 'Secretary')", and "Secretary of Transportation" for "Secretary".

Subsec. (b). Pub. L. 89–670, §8(b)(3), inserted "of Commerce" after "Secretary".

Subsec. (c). Pub. L. 89–670, §8(b)(4), (5), inserted provision for the approval of recommendations by the Secretary of Commerce prior to transmittal to the Secretary of Transportation for his approval and inserted "of Transportation" after "Secretary" in existing provisions.

Subsec. (e). Pub. L. 89–670, §8(b)(6), inserted "of Transportation" after "Secretary".

Subsec. (f). Pub. L. 89–670, §8(b)(7), inserted provisions requiring the approval of both the Secretary of Commerce and the Secretary of Transportation to allow Federal assistance in excess of 50 per centum of the cost of a project.

Subsec. (g). Pub. L. 89–670, §8(b)(8), called for appropriation of the authorized funds to the Secretary of Commerce for transfer to the Secretary of Transportation for the administration of projects approved by both Secretaries.

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–670 effective Apr. 1, 1967, as prescribed by the President and published in the Federal Register, see section 16(a), formerly §15(a), of Pub. L. 89–670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453.

Payment for Construction of Final Section of Approved Appalachian Development Corridor Highway Necessary as Element of Flood Control Project

Pub. L. 95–599, title I, §138(c), Nov. 6, 1978, 92 Stat. 2710 , as amended by Pub. L. 105–178, title I, §1212(a)(2)(B)(iv), June 9, 1998, 112 Stat. 193 , provided that: "In any case where an Appalachian development highway on the National Highway System, is the final section of an approved Appalachian development corridor highway within an urbanized area, transects an unincorporated jurisdiction, and is a necessary element of a flood control project for the protection of a commercially zoned area containing not less than seventy commercial and industrial establishments which is authorized under section 205 of the Flood Control Act of 1948 [section 701s of Title 33, Navigation and Navigable Waters], the Secretary of Transportation shall provide to the State transportation department so much of the costs, not to exceed $1,800,000, as may be necessary to permit construction of that portion of such development highway as is necessary to permit completion of the flood control project. The Federal share of the total cost of any complete Appalachian development highway a portion of which receives assistance under this subsection [this note] shall not exceed (including all assistance under this subsection) that percentage of such total cost which, but for this subsection, would otherwise be applicable to such development highway."

New and Increased Authority To Enter into Contracts; Relation to Amounts Appropriated

Section 124 of Pub. L. 94–188 provided that: "To the extent that any section of this title [see Short Title of 1975 Amendment note set out under section 1 of this Appendix] provides new or increased authority to enter into contracts under section 201 of the Appalachian Regional Development Act of 1965 [this section], such new or increased authority shall be effective for any fiscal year only in such amounts as are provided in appropriation acts."

Discrimination Based on Sex Prohibited in Programs Under Appalachian Regional Development Act of 1965

Pub. L. 92–65, title II, §214, Aug. 5, 1971, 85 Stat. 173 , provided: "No person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance under the Appalachian Regional Development Act of 1965 [this Appendix]."

Section Referred to in Other Sections

This section is referred to in sections 214, 226, 405 of this Appendix; title 23 section 104.