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Page:United States Statutes at Large Volume 96 Part 2.djvu/720

 96 STAT. 2082

Imported material, impact on domestic industry and national security.

Investigations.

PUBLIC LAW 97-415—JAN. 4, 1983

"(5) present and projected domestic uranium exploration expenditures and plans; "(6) present and projected employment and capital investment in the uranium industry; "(7) the level of domestic uranium production capacity sufficient to meet projected domestic nuclear power needs for a 10 year period; and "(8) a projection of domestic uranium production and uranium price levels which will be in effect under various assumptions with respect to imports, "d. The Secretary or Energy, at any time, may determine on the basis of the monitoring and annual reports required under this section that source material or special nuclear material from foreign sources is being imported in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the United States uranium mining and milling industry. Based on that determination, the United States Trade Representative shall request that the United States International Trade Commission initiate an investigation under section 201 of the Trade Act of 1974 (19 U.S.C. 2251). "e. (1) If, during the period 1982 to 1992, the Secretary of Energy determines that executed contracts or options for source material or special nuclear material from foreign sources for use in utilization facilities within or under the jurisdiction of the United States represent greater than S1V2 percent of actual or projected domestic uranium requirements for any two-consecutive-year period, or if the Secretary of Energy determines the level of contracts or options involving source material and special nuclear material from foreign sources may threaten to impair the national security, the Secretary of Energy shall request the Secretary of Commerce to initiate under section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) an investigation to determine the effects on the national security of imports of source material and special nuclear material. The Secretary of Energy shall cooperate fully with the Secretary of Commerce in carrying out such an investigation and shall make available to the Secretary of Commerce the findings that lead to this request and such other information that will assist the Secretary of Commerce in the conduct of the investigation. "(2) The Secretary of Commerce shall, in the conduct of any investigation requested by the Secretary of Energy pursuant to this section, take into account any information made available by the Secretary of Energy, including information regarding the impact on national security of projected or executed contracts or options for source material or special nuclear material from foreign sources or whether domestic production capacity is sufficient to supply projected national security requirements.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/721

 PUBLIC LAW 97-415—JAN. 4, 1983

96 STAT. 2083

"(3) No sooner than 3 years following completion of any investigation by the Secretary of Commerce under paragraph (1), if no recommendation has been made pursuant to such study for trade adjustments to assist or protect domestic uranium production, the Secretary of Energy may initiate a request for another such investigation by the Secretary of Commerce.". Approved January 4, 1983.

LEGISLATIVE HISTORY-H.R. 2330 (S. 1207): HOUSE REPORTS: No. 97-22, Pt. 1 (Comm. on Interior and Insular Affairs) and Pt. 2 (Comm. on Energy and Commerce), No. 97-884 (Comm. of Conference). SENATE REPORT No. 97-113 accompanying S. 1207 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD: Vol. 127 (1981): Oct. 19, Nov. 5, considered and passed House. Vol. 128 (1982): Mar. 22, 30, S. 1207 considered in Senate. Mar. 30, H.R. 2330 considered and passed Senate, amended. Oct. 1, Senate agreed to conference report. Dec. 2, House rejected conference report; receded and concurred in Senate amendment with an amendment. Dec. 16, Senate agreed to House amendment.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 96 Part 2.djvu/722

 96 STAT. 2084

PUBLIC LAW 97-416—JAN. 4, 1983

Public Law 97-416 97th Congress An Act Jan. 4, 1983 [H.R. 6120] Deep Seabed Hard Mineral Resources Act, amendment.

To reauthorize the Deep Seabed Hard Mineral Resources Act forflscalyears 1988 and 1984.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 310 of the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1470) is amended by striking out the period at the end and inserting in lieu thereof a comma and the following: "and $1,469,000 for the fiscal year ending September 30, 1983, and $2,150,000 for the fiscal year ending September 30, 1984.". Approved January 4, 1983.

LEGISLATIVE HISTORY—H.R. 6120: HOUSE REPORTS: No. 97-522, Pt.l (Comm. on Merchant Marine and Fisheries), Ft. 2 (Comm. on Interior and Insular Affairs), and Pt. 3 (Comm. on Foreign Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 13, considered and passed House. Dec. 19, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/723

 PUBLIC LAW 97-417—JAN. 4, 1983

96 STAT. 2085

Public Law 97-417 97th Congress An Act To provide subsistence allowances for members of the Coast Guard officer candidate program, and for other purposes.

Be it enacted by the Senate and House, of Representatives of the United States of America in Congress assembled, That section 705 of title 14, United States Code, is amended by adding a new subsection (f) as follows: "(f) A member of the Coast Guard Reserve not on active duty who is enrolled in an officer candidate program authorized by section 600 of title 10 leading to a commission in the Coast Guard Reserve, and is a full-time student in an accredited college curriculum leading to a bachelor's degree may be paid a subsistence allowance for each month of the member's academic year at the same rate as that prescribed by section 209(a) of title 37.". SEC. 2. That title 14, United States Code, is amended as follows: (1) Section 41 is amended by inserting "commodores;" after "rear admirals;". (2) Subsection (b) of section 42 is amended by striking out "0.75;" and inserting in lieu thereof ".375; commodore.375;". (3) Subsections (a) and (b) of section 256 are each amended by striking out "rear admiral" and inserting in lieu thereof "commodore". (4) Subsection (b) of section 259 is amended by striking out "rear admiral" and inserting in lieu thereof "commodore". (5) Section 271 is amended— (A) by inserting a comma after "may" in subsection (c); (B) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (C) by adding after subsection (c) the following new subsection: "(d) When a vacancy in the grade of rear admiral occurs, the senior commodore serving on the active duty promotion list shall be appointed by the President, by and with the advice and consent of the Senate, to fill the vacancy. The appointment shall be effective on the date the vacancy occurred.". (6) Subsection (d) of section 275 is repealed. (7) Subsection (a) of section 288 is amended by striking out "rear admiral" and inserting in lieu thereof "commodore". (8) Subsection (a) of section 289 is amended to read as follows: "(a) The Secretary may, whenever the needs of the service require, but not more often than annually, convene a board consisting of not less than six officers of the grade of commodore or rear admiral to recommend for continuation on active duty officers on the active duty promotion list serving in the grade of captain, who during the promotion year in which the board meets will complete at least three years' service in that grade and who have not been selected for promotion to the grade of commodore. Officers who are subject to

Jan. 4, 1983 [H.R. 6804] Coast Guard officer candidates, subsistence allowances.

14 USC 41. 14 USC 42. 14 USC 256.

14 USC 259. 14 USC 271.

14 USC 275. 14 USC 288. 14 USC 289.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/724

 96 STAT. 2086 14 USC 288. 14 USC 290.

PUBLIC LAW 97-417—JAN. 4, 1983

retirement under section 288 of this title during the promotion year in which the board meets shall not be considered by this board.". (9)(A) Section 290 is amended— (i) by amending the catch line thereof to read as follows: duty; involuntary retirement'*; and (ii) by amending subsection (a) to read as follows: "(a) The Secretary shall from time to time convene boards to recommend for continuation on active duty the most senior officers on the active duty promotion list serving in the grade of commodore or rear admiral who have not previously been considered for continuation in that grade. Officers serving for the time being or who have served in the grade of vice admiral or in the position of Chief of Staff are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued in the grade of rear admiral. A board shall consist of at least five officers serving in the grade of vice admiral or as rear admirals previously continued. Board shall be convened frequently enough to assure that each officer serving in the grade of commodore or rear admiral is subject to consideration for continuation during a promotion year in which he completes not less than four or more than five years combined service in the grades of commodore and rear admiral.". (B) The item relating to section 290 in the table of sections at the beginning of chapter 11 is amended to read as follows: "290. Rear admirals and commodores; continuation on active duty; involuntary retirement.".
 * §290. Rear admirals and commodores; continuation on active

14 USC 421. Repeal. 14 USC 724^'

14 USC 729.

14 USC 736.

14 USC 740. 14 USC 742. 14 USC 743.

(10) Subsection Ob) of section 421 is amended by striking out "rear admiral" and inserting in lieu thereof "commodore". (11) Section 462a is repealed. ^^^^ Subsection (b) of section 724 is amended— (A) by striking "rear admiral" in the first sentence and inserting in lieu thereof "commodore"; and (B) by striking "grade of rear admiral" in the last sentence and inserting in lieu thereof "combined grades of commodore and real admiral". (13) Subsection (e) of section 729 is amended— (A) by striking "the grade of rear admiral" and substituting "the grades of commodore and rear admiral"; and (B) by inserting "for promotion to the grade of commodore" after "consideration". (14) Subsection (b) of section 736 is amended to read as follows: "Ob) Notwithstanding any other law, when the running mate of a reserve officer serving in the grade of commodore is promoted to the grade of rear admiral, the reserve officer shall also be promoted to that grade.". (15) Subsection (a)(2) of section 740 is amended by striking "rear admiral" and substituting "commodore". (16) Subsection (b) of section 742 is amended by inserting "or commodore" after "rear admiral". (17)(A) Section 743 is amended to read as follows:

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Page:United States Statutes at Large Volume 96 Part 2.djvu/725

 PUBLIC LAW 97-417—JAN. 4, 1983

96 STAT. 2087

"§ 743. Rear admiral and commodore; maximum service in grade "Unless retained in or removed from an active status under any other law, a Reserve rear admiral or commodore shall be removed from an active status on the day that officer completes four years combined service in the grades of rear admiral and commodore.". (B) The item relating to section 743 in the table of sections at the beginning of chapter 21 is amended to read as follows: "743. Rear admiral and commodore; maximum service in grade.".

SEC. 3. (a) Section 202 of title 37, United States Code, is amended to read as follows: "§ 202. Pay grades: commodores, retired list "An officer of the Coast Guard holding a permanent appointment in the grade of commodore on the retired list, and who in time of war or national emergency has served satisfactorily on active duty for two years in that grade or in a higher grade, is entitled when on active duty to the basic pay of a rear admiral.". O> The item relating to section 202 in the table of sections at the t) beginning of chapter 3 of title 37 is amended to read as follows: "202. Pay grades; commodores, retired list.".

SEC. 4. (a) An officer of the Coast Guard who on the day before the effective date of this Act— (1) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the upper half; or (2) was serving on active duty in the grade of admiral or vice admiral, shall after that date hold the permanent grade of rear admiral. (b) An officer who on the day before the effective date of this Act was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the lower half shall after that date hold the permanent grade of commodore, but shall retain the title of rear admiral. (c) An officer who on the day before the effective date of this Act was on an approved list of officers recommended for promotion to the grade of rear admiral shall, upon promotion, hold the grade of commodore with the title of rear admiral. (d) An officer who on the day before the effective date of this Act— (1) was serving on active duty in the grade of rear admiral and was entitled to the basic pay of a rear admiral of the lower half; or (2) was on an approved list of officers recommended for promotion to the grade of rear admiral, shall, on and after the effective date of this Act, or in the case of an officer on such a list, upon promotion to the grade of commodore, be entitled to wear the uniform and insignia of a rear admiral. (e) An officer of the Coast Guard who on the day before the effective date of this Act held the grade of rear admiral on the retired list retains the grade of rear admiral and is entitled after that date to wear the uniform and insignia of a rear admiral. Such an officer, when ordered to active duty— (1) holds the grade and has the right to wear the uniform and insignia of a rear admiral; and (2) ranks among commissioned officers of the Armed Forces as and is entitled to the basic pay of—

14 USC 271 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/726

 96 STAT. 2088

PUBLIC LAW 97-417—JAN. 4, 1983

(A) a commodore, if his retired pay was based on the basic pay of a rear admiral of the lower half on the day before the effective date of this Act; or (B) a rear admiral, if his retired pay was based on the basic pay of a rear admiral of the upper half on the day before the effective date of this Act. (f) Unless entitled to a higher grade under another provision of law, an officer who on the day before the effective date of this Act— (1) was serving on active duty, and (2) held the grade of rear admiral; and who retires on or after the effective date of this Act, retires in the grade of rear admiral and is entitled to wear the uniform and insignia of a rear admiral. If such an officer is ordered to active duty after his retirement, he is considered, for the purposes of determining his pay, uniform, insignia, and rank among other commissioned officers, as having held the grade of rear admiral on the retired list on the day before the effective date of this Act. Approved January 4, 1983.

LEGISLATIVE HISTORY—H.R. 6804: HOUSE REPORT No. 97-789 (Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 14, considered and passed House. Dec. 16, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/727

 PUBLIC LAW 97-418—JAN. 4, 1983

96 STAT. 2089

Public Law 97-418 97th Congress An Act To amend title 3, United States Code, to clarify the function of the United States Secret Service Uniformed Division with respect to certain foreign diplomatic missions in the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 202(7)(C) of title 3, United States Code, is amended by inserting "may be provided for motorcades and at other places associated with such a visit and" after "protection". (b) Section 208(b) of title 3, United States Code, is amended to read as follows: "(b) There is authorized to be appropriated, in addition to such sums as have been heretofore appropriated under this section— "(1) $7,000,000 for each fiscal year beginning after September 30, 1982, for the payment of reimbursement obligations entered into under subsection (a) after such date; and "(2) $17,700,000 for the payment of reimbursement obligations entered into under subsection (a) before October 1, 1982. Amounts appropriated under this subsection shall remain available until expended.". SEC. 2. The amendments made by the first section of this Act shall take effect on the date of enactment of this Act, except that no amount authorized to be appropriated by the amendment made by subsection (b) of the first section of this Act may be made available for use or obligation prior to October 1, 1982. SEC. 3. In order to assure effective security at the United States mission to the United Nations, and to promote efficient use of

Jan.4, 1983 [H.R. 6254] "

U.S. Secret Service Uniformed Division, foreign diplomatic missions.

Effective date. 3 USC 202 note.

Report to Congress.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/728

 96 STAT. 2090

PUBLIC LAW 97-418—JAN. 4, 1983

Federal security resources, the Secretary of the Treasury and the Secretary of State shall consult with the Secretary of the Navy with regard to placement of Marine security guard services within such mission and shall report thereon to the Congress not later than sixty days after the date of enactment of this Act. Approved January 4, 1983.

LEGISLATIVE HISTORY—H.R. 6254: HOUSE REPORT No. 97-533 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 128 (1982): June 15, considered and passed House. Dec. 19, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/729

 PUBLIC LAW 97-419—JAN. 4, 1983

96 STAT. 2091

Public Law 97-419 97th Congress Joint Resolution To authorize and request the President to designate the month of December 1982 as "National Closed-Captioned Television Month".

Jan. 4, 1983 [S.J. Res. 258]

Whereas the Congress has officially proclaimed 1982 as the National Year of Disabled Persons; Whereas hearing-handicapped Americans of all ages traditionally have suffered isolation from society and too often have unwillingly ended up as burdens to society rather than participating citizens; Whereas the recent telecommunications breakthrough of "closed captioning" now enables these people to read on the television screen what they cannot hear and thus share—for the first time in history—that wealth of information, entertainment, and language so abundantly absorbed by the general public; Whereas the innovative service, provided through the nonprofit and tax-exempt National Captioning Institute (NCI), represents the culmination of almost ten years of technological research and development, market exploration, and cooperation between government, industry, and community; Whereas the nationwide service which began in March 1980 on ABC, NBC, and PBS is already proving to open up new educational horizons and new avenues toward equal opportunity for this severely disadvantaged population, particularly its children and youth; Whereas hearing-impaired citizens have personally invested over $17,000,000 to date for purchase of decoding devices; Whereas many Members of the Congress have long been actively supporting development, implementation, and expansion of the closed-captioned television service which is the first of its kind anywhere in the world; and Whereas President Reagan, referring to the closed captioning of his inaugural ceremonies and televised addresses to the Nation, has stated: "I feel very honored to be the first President in history to have spoken directly to people who had never before experienced this historic tradition": Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the National Closedlinited States is authorized and requested to issue a proclamation I^^JP*^?"}®^ Month.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/730

 96 STAT. 2092

PUBLIC LAW 97-419—JAN. 4, 1983

designating the month of December 1982 as "National ClosedCaptioned Television Month" in recognition of this invaluable new service for deaf and hard-of-hearing American citizens, and calling on the people of the United States to observe the month with appropriate programs, ceremonies, and activities. Approved January 4, 1983.

LEGISLATIVE HISTORY—S.J. Res. 258: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 3, considered and passed Senate. Dec. 20, considered and passed House.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/731

 PUBLIC LAW 97-420—JAN. 4, 1983

96 STAT. 2093

Public Law 97-420 97th Congress Joint Resolution Designating January 17, 1983, as "Public Employees' Appreciation Day".

^"" ' [H.J. Res. 619]

Whereas public employees have made great contributions to American society in many areas including health care, crime prevention, science, transportation, agriculture, housing, energy, and the national defense; Whereas public employees are the often forgotten individuals who make government run smoothly; Whereas professionals in the public work force provide continuity and security in government operations in times of national emergency and stress; Whereas the merit system of employing public employees has provided our Federal, State, and local governments with the finest public work force in the world; and TT^ereas the Congress of the United States recognizes the dedication, talents, and contributions made by public employees at all levels of government: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That January 17, Public 1983, is designated as "Public Employees' Appreciation Day" and H S L n the President is requested to issue a proclamation inviting the Day. Governors of the several States, the chief officials of local governments, and the people of the United States to observe that day with appropriate ceremonies and activities. Approved January 4, 1983.

LEGISLATIVE HISTORY—H.J. Res. 619: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 17, considered and passed House. Dec. 21, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/732

 96 STAT. 2094

PUBLIC LAW 97-421—JAN. 4, 1983 Public Law 97-421 97th Congress Joint Resolution

Jan. 4. 1983 [H.J. Res. 630]

Greene County, Mo. One hundred and fiftieth anniversary commemoration.

To commemorate the one hundred and fiftieth anniversary of the founding of Greene County, Missouri.

Whereas 1983 marks the sesquicentennial anniversary of the founding of Greene County, Missouri; Whereas Greene County, named for the distinguished Revolutionary War hero, General Nathanael Greene, has enjoyed a long and distinguished history, and has contributed msiny of its sons and daughters to hold high public office and otherwise serve the State of Missouri and our Nation; Whereas in 1833 Greene County included all of southwest Missouri and remains today the cultural and economic hub of that part of Missouri; and Whereas Greene County is the third most populous county in the State of Missouri and continues to grow and prosper: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation commemorating January 3, 1983, as the one hundred and fiftieth anniversary of the founding of Greene County, Missouri, and to transmit an enrolled copy of such proclamation to the Governor of the State of Missouri, and the presiding judge of Greene County, Springfield, Missouri. Approved January 4, 1983.

LEGISLATIVE HISTORY—H.J. Res. 630: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 17, considered and passed House. Dec. 23, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/733

 PUBLIC LAW 97-422—JAN. 4, 1983

96 STAT. 2095

Public Law 97-422 97th Congress An Act To name the fish hatchery at the Warm Springs Dam component of the Russian River, Dry Creek, Csdifornia project as the Don H. Clausen Fish Hatchery.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the fish hatchery at the Warm Spring Dam component of the Russian River, Dry Creek, California project, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1173), as modified by section 95 of the Water Resources Development Act of 1974 (88 Stat. 40), shall hereafter be known as the "Don H. Clausen Fish Hatchery". Any law, regulation, map, document, or record of the United States in which such fish hatchery is referred to shall be held and considered to refer to such fish hatchery as the "Don H. Clausen Fish Hatchery". This Act shall take effect on January 4, 1983. Approved January 4, 1983.

LEGISLATIVE HISTORY—H.R. 7420: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 17, considered and passed House. Dec. 21, considered and passed Senate.

Jan. 4, 1983 FHR 74201

Don H. Clausen Fish Hatchery. 76 Stat. 1180.

Effective date.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/734

 96 STAT. 2096

PUBLIC LAW 97-423—JAN. 4, 1983

Public Law 97-423 97th Congress An Act Jan. 4, 1983 [H.R. 7406]

Paul Findley DesimSion igna ion.

Effective date.

To designate a certain Federcd building in Springfield, Illinois the "Paul Findley Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal building located at 600 East Monroe in Springfield, Illinois is hereby designated as the "Paul Findley Building". Any reference in any law, regulation, document, record, map or other paper of the United States to such building shall be considered to be a reference to the Paul Findley Building. SEC. 2. This bill shall take effect on January 3, 1983. Approved January 4, 1983.

LEGISLATIVE HISTORY—H.R. 7406: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 17, considered and passed House. Dec. 21, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/735

 PUBLIC LAW 97-424—JAN. 6, 1983

96 STAT. 2097

Public Law 97-424 97th Congress An Act To authorize appropriations for construction of certain highwa)^ in accordance with title 23, United States Code, for highway safety, for mass transportation in urban and rural areas, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Surface Transportation Assistance Act of 1982" TITLE I SHORT TITLE

SEC. 101. This title may be cited as the "Highway Improvement Act of 1982".

Jan. 6, 1983 [H.R. 6211]

Surface Transportation Assistance Act of 1982 23 USC 101 note. Highway Improvement Act of 1982. 23 USC 101 note.

REVISION OF AUTHORIZATION FOR APPROPRIATIONS FOR THE INTERSTATE SYSTEM

SEC. 102. Subsection (b) of section 108 of the Federal-Aid Highway Act of 1956, as amended, is amended by striking out "the additional sum of $3,225,000,000 for the fiscal year ending September 30, 1984," and all that follows down through the period at the end of the sentence and by inserting in lieu thereof the following: "the additional sum of $4,000,000,000 for the fiscal year ending September 30, 1984, the additional sum of $4,000,000,000 for the fiscal year ending September 30, 1985, the additional sum of $4,000,000,000 for the fiscal year ending September 30, 1986, the additional sum of $4,000,000,000 for the fiscal year ending September 30, 1987, and the additional sum of $4,000,000,000 for the fiscal year ending September 30, 1988, the additional sum of $4,000,000,000 for the fiscal year ending September 30, 1989, and the additional sum of $4,000,000,000 for the fiscal year ending September 30, 1990.".

Ante, p. 1611.

MINIMUM APPORTIONMENT

SEC. 103. (a) For each of the fiscal years 1984, 1985, 1986, and 1987, no State, including the State of Alaska, shall receive less than onehalf of 1 per centum of the total apportionment for the Interstate System under section 104(b)(5)(A) of title 23, United States Code. Whenever amounts made available under this subsection for the Interstate System in any State exceed the estimated cost of completing that State's portion of the Interstate System, and exceed the estimated cost of necessary resurfacing, restoration, rehabilitation, and reconstruction of the Interstate System within such State, the excess amount shall be eligible for expenditure for those purposes for which funds apportioned under paragraphs (1), (2), and (6) of such section 1040b) may be expended and shall also be available for expenditure to carry out section 152 of title 23, United States Code.

23 USC 104 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/736

 96 STAT. 2098

PUBLIC LAW 97-424—JAN. 6, 1983

Ante, p. 1611. (b) Section 4(b) of the Federal-Aid Highway Act of 1982 is 23 USC 104 note, repealed. OBLIGATION CEIUNG

23 USC 104 note.

SEC. 104. (a) Notwithstanding any other provision of law, the total of all obligations for Federal-aid highways and highway safety construction programs shall not exceed— (1) $12,100,000,000 for fiscal year 1983; (2) $12,750,000,000 for fiscal year 1984; (3) $13,550,000,000 for fiscal year 1985; and (4) $14,450,000,000 for fiscal year 1986. These limitations shall not apply to obligations for emergency relief under section 125 of title 23, United States Code, or projects covered under section 147 of the Surface Transportation Assistance Act of 23 USC 144 note. 1978, or section 9 of the Federal-Aid Highway Act of 1981 or section 95 Stat. 1701. 118 of the National Visitor Center Facilities Act of 1968. No obligaifsrsis^^^^' ^^ ^^^^ constraints shall be placed upon any ongoing emergency project carried out under section 125 of title 23, United States Code, or section 147 of the Surface Transportation Assistance Act of 1978. (b) For each of the fiscal years 1983, 1984, 1985, and 1986, the Secretary of Transportation shall distribute the limitation imposed by subsection (a) by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to each State for such fiscal year bears to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned or allocated to all the States for such fiscal year. (c) During the period October 1 through December 31, 1982, no State shall obligate more than 35 per centum of the amount distributed to such State under subsection (b) for fiscal year 1983, and the total of all State obligations during such period shall not exceed 25 per centum of the total amount distributed to all States under such subsection for such fiscal year. (d) Notwithstanding subsections Qy) and (c), the Secretary shall— (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned or allocated to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code; (2) after August 1 of each of the fiscal years 1983, 1984, 1985, and 1986, revise a distribution of the funds made available under subsection 0>) for such fiscal year if a State will not obligate the amount distributed during such fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during such fiscal year giving priority to those States having large unobligated balances of funds apportioned under section 104 of title 23, United States Code, and giving priority to those States which, because of statutory changes made by this Act and the 95 Stet. 1699. Federal-Aid Highway Act of 1981, have experienced substantial 23 USC 101 note. proportional reductions in their apportionments and allocations; and (3) not distribute amounts authorized for administrative expenses and forest highways.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/737

 PUBLIC LAW 97-424—JAN. 6, 1983

96 STAT. 2099

(e)(1) Section 1106(b) of the Omnibus Budget Reconciliation Act of 1981 is repealed. 23 USC 104 note. (2) Section 1106(c) of the Omnibus Budget Reconciliation Act of 1981 is amended to read as follows: "(c) For the fiscal year 1982, the Secretary of Transportation shall distribute the limitation impNOsed by subsection (a) by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned to each State for such fiscal year bears to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned to all the States for such fiscal year.". (3) Section 1106(d) of the Omnibus Budget Reconciliation Act of 1981 is amended by striking out "periods" and inserting in lieu thereof "period" and by striking out "and October 1 through December 31, 1982,". (4) Section 1106(e)(2) of the Omnibus Budget Reconciliation Act of 1981 is amended by striking out "and after August 1, 1983,". AUTHORIZATIONS

SEC. 105. (a) For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to be appropriated: (1) For the Federal-aid primary system in rural areas, including the extensions of the Federal-aid primary system in urban areas, and the priority primary routes, out of the Highway Trust Fund, $1,850,000,000 (reduced by the amount authorized by the first sentence of section 4(a)(l) of the Federal-Aid Highway Act of 1982) for Ante, p. 1611. the fiscal year ending September 30, 1983, $2,100,000,000 for the fiscal year ending September 30, 1984, $2,300,000,000 for the fiscal year ending September 30, 1985, and $2,450,000,000 for the fiscal year ending September 30, 1986. For the Federal-aid secondary system in rural areas, out of the Highway Trust Fund, $650,000,000 (reduced by the amount authorized by the second sentence of section 4(a)(l) of the Federal-Aid Highway Act of 1982) for the fiscal year ending September 30, 1983, $650,000,000 for the fiscal year ending September 30, 1984, $650,000,000 for the fiscal year ending September 30, 1985, and $650,000,000 for the fiscal year ending September 30, 1986. (2) For the Federal-aid urban system, out of the Highway Trust Fund, $800,000,000 (reduced by the amount authorized by section 4(a)(2) of the Federal-Aid Highway Act of 1982) for the fiscal year ending September 30, 1983, and $800,000,000 per fiscal year for each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986. (3) For Indian reservation roads, out of the Highway Trust Fund, $75,000,000 for the fiscal year ending September 30, 1983, and $100,000,000 per fiscal year for each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986. (4) For the Virgin Islands, all such sums as may be required for St. Thomas, V.I. the continued presence and operation of the office of the territorial representative of the Federal Highway Administration in St. Thomas, Virgin Islands. (5) For parkways and park highways, out of the Highway Trust Fund, $75,000,000 for the fiscal year ending September 30, 1983 and

97-200 O - 8 4 - p t. 2

24: QL3

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Ante, p. 1611.

Repeal. 92 Stat. 2715.

Ante. p. 1611.

PUBLIC LAW 97-424—JAN. 6, 1983

$100,000,000 per fiscal year for each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986. (6) For the forest highways, out of the Highway Trust Fund, $50,000,000 (reduced by the amount authorized by section 4(a)(3) of the Federal-Aid Highway Act of 1982) for the fiscal year ending September 30, 1983, and $50,000,000 per fiscal year for each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986. (7) For public lands highways, out of the Highway Trust Fund, $50,000,000 (reduced by the amount authorized by section 4(a)(4) of the Federal-Aid Highway Act of 1982) for the fiscal year ending September 30, 1983, and $50,000,000 per fiscal year for each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986. (b) Section 151 of the Federal-Aid Highway Act of 1978 is repesded. (c) In the case of fiscal years 1983 and 1984, each State shall, with respect to any Federal funds available to such State for expenditure on the Federal-aid primary system in excess of the amount apportioned to such State under section 104(b)(l) of title 23, United States Code, for such expenditure in fiscal year 1982, give priority consideration to those priority primary routes designated in Committee Print Numbered 97-61 of the Committee on Public Works and Transportation of the House of Representatives. (d) Of the sums apportioned to each State under subsections (a)(l) and (a)(2) of this section for each fiscal year, beginning with fiscal year 1984, not less than 40 per centum of such program funds shall be expended by such State on projects for resurfacing, restoring, rehabilitating, and reconstructing existing highways unless the State certifies to the Secretary that such percentage of funds is in excess of the resurfacing, restoring, rehabilitating, and reconstructing needs of existing highways in the State and the Secretary accepts such certification. The requirement of the preceding sentence shall apply only to that portion of a State's apportionment not used for reimbursing such State for bond retirement under section 122 of title 23, United States Code, or for advance construction funding under section 115 of title 23, United States Code. (e) Section 4(a) of the Federal-Aid Highway Act of 1982 is amended by striking out "a joint resolution making continuing appropriations for such fiscal year," and inserting in lieu thereof Public Law 97-276,". (f) Except to the extent that the Secretary determines otherwise, not less than 10 per centum of the amounts authorized to be appropriated under this Act shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals as defined by section 8(d) of the Small Business Act (15 U.S.C. section 637(d)) and relevant subcontracting regulations promulgated pursuant thereto. INTERSTATE RESURFACING

95 Stat. 1699.

SEC. 106. Section 105 of the Surface Transportation Assistance Act of 1978 is amended by strking out "and not to exceed $800,000,000 for the fiscal year en(Ung September 30, 1984." and inserting in lieu thereof "not to exceed $1,950,000,000 for the fiscal year ending September 30, 1984, not to exceed $2,400,000,000 for the fiscal year ending September 30, 1985, not to exceed $2,800,000,000 for the fiscal

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96 STAT. 2101

year ending September 30, 1986, and not to exceed $3,150,000,000 for the fiscal year ending September 30, 1987.". INTERSTATE TRANSFERS

SEC. 107. (a)(1) Section 103(e)(4) of title 23, United States Code, is amended by striking out the eighth sentence and inserting in lieu thereof the following: "For the fiscal year ending September 30, 1983, $257,000,000 shall be available out of the Highway Trust Fund for expenditure at the discretion of the Secretary for projects under highway assistance programs. For the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986, sums obligated for projects under highway assistance programs shall be paid out of the Highway Trust Fund, and $700,000,000 shall be available for expenditure during each of the fiscal years ending September 30, 1984, and September 30, 1985, and $725,000,000 shall be available for expenditure during the fiscal year ending September 30, 1986. Twenty-five per centum of the funds available from the Highway Trust Fund for each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986, for substitute highway projects under this paragraph shall be distributed at the discretion of the Secretary. The remaining 75 per centum of such funds shall be apportioned in accordance with cost estimates approved by Congress. The Secretary shall make an estimate of the cost of completing substitute highway projects under this paragraph and transmit the same to the Senate and the House of Representatives as soon as practicable after the date of enactment of this sentence. Upon approval of such cost estimate by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute highway projects for the fiscal year ending September 30, 1984. The Secretary shall make a revised estimate of the cost of completing substitute highway projects under this paragraph and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1984, and upon approval by Congress, the Secretary shall use the Feder?l share of such approved estimate in making apportionments for substitute highway projects for the fiscal years ending JJeptember 30, 1985, and September 30, 1986. There are authorized to be appropriated for liquidation of obligations incurred under this paragraph the sums provided in section 4(g) of the Urban Mass Transportation Act of 1964. Fifty per centum of the funds appropriated for each fiscal year beginning after September 30, 1983, for carrying out substitute transit projects under this paragraph shall be distributed at the discretion of the Secretary. The remaining 50 per centum of such funds shall be apportioned in accordance with cost estimates approved by Congress. The Secretary shall make an estimate of the cost of completing substitute transit projects under this paragraph and transmit the same to the Senate and the House of Representatives as soon as practicable after the date of enactment of this sentence. Upon approval of such cost estimate by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute transit projects for the fiscal year ending September 30, 1984. The Secretary shall make a revised estimate of the cost of completing substitute transit projects under this paragraph and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1984, and upon approval by Congress, the Secretary shall use the Federal

Substitute highway projtsct funds.

Cost estimate, transmittal tci Congress.

Revised cost estimate, transmittal to Congress.

49 USC 1603. Substitute transit project funds. Cost estimate, transmittal to Congress.

Revised cost estimate, transmittal to Congress.

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PUBLIC LAW 97-424—JAN. 6, 1983

share of such approved estimate in making apportionments for substitute transit projects for the fiscal years ending September 30, 1985, and September 30, 1986.". (2) Section 103(e)(4) of title 23, United States Code, is amended by striking out the sixth sentence and inserting in lieu thereof the following: "The sums apportioned under this paragraph for public mass transit projects shall remain available for the fiscal year for which apportioned and for the succeeding fiscal year. The sums available for obligation under this paragraph for projects under any highway assistance program shall remain available for the fiscal year for which apportioned and for the succeeding fiscal year. Any sums which are apportioned to a State for a fiscal year and are unobligated (other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a substitute project which has been submitted by the State to the Secretary for approval) at the end of such fiscal year shall be apportioned among those States which have obligated all sums (other than such an amount) apportioned to them for such fiscal year, in accordance with the latest approved estimate of the cost of completing the appropriate substitute projects in such States.". (b) Section 103(e)(4) of title 23, United States Code, is amended by adding at the end thereof the following: "Any route or segment thereof which was statutorily designed after March 7, 1978, to be on the Interstate System shall not be eligible for withdrawal or substitution under this subsection.". (c)(1) Section 103(e)(4) of title 23, United States Code, is further amended by— (A) inserting in the second sentence after the words "approved by (Congress," the following: "or up to and including the 1983 interstate cost estimate, whichever is earlier,"; (B) striking out in the second sentence "the date of enactment of the Federal-Aid Highway Act of 1976 or" and "whichever is later, and in accordance with the design of the route or portion thereof that is the basis of the latest cost estimate"; (C) inserting in the second sentence after "approval of each substitute project under this paragraph," the following: "or the date of approval of the 1983 interstate cost estimate, whichever is earlier,'. 23 USC 103 note. (2) Notwithstanding any other provision of law, with respect to any route or portion thereof on the Interstate System approval of which is or has been withdrawn under section 103(e)(4) of title 23, United States Code, in any case where the sum determined under the second sentence of such section is less than the cost to complete the withdrawn route or portion (in accordance with the design of such route or portion on the date of such withdrawal) as of June 30, 1980, as a result of decreases in construction costs, the sum which shall be available to the Secretary under such sentence shall be an amount equal to such cost of completion as of June 30, 1980. (d) The third sentence of section 103(e)(4) of title 23, United States Code, is amended by striking out the period and inserting in lieu thereof the following: ", and except that with respect to any route which on May 12, 1982, is under judicial injunction prohibiting its construction the Secretary may approve substitute projects and withdrawals on such route until September 30, 1985.". (e)(1) The first sentence of section 103(e)(4) of title 23, United States Code is amended by striking "which is within an urbanized

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 PUBLIC LAW 97-424—JAN. 6, 1983 area or which passes through and connects urbanized areas within a State and". (2) The second sentence of section 103(e)(4) of title 23, United States Code is amended by striking "which will serve the urbanized area and the connecting nonurbanized area corridor from which the interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the urbanized area or area to be served, and which are submitted by the Governor of the State in which the withdrawn route was located." and inserting in lieu thereof, "which will serve the area or areas from which the interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the area or areas to be served, and which are selected by the Governor or the Governors of the State or the States in which the withdrawn route was located if the withdrawn route was not within an urbanized area or did not pass through and connect urbanized areas, and which are submitted by the Governors of the States in which the withdrawn route was located.". (0 The first sentence of section 122 of title 23, United States Code, is amended to read as follows: "Any State that shall use the proceeds of bonds issued by the State, county, city, or other political subdivision of the State for the construction of one or more projects on the Federal-aid primary or Interstate System, or extensions of any of the Federal-aid highway systems in urban areas, or for substitute highway projects approved under section 103(e)(4) of this title, may claim payment of any portion of the sums apportioned to it for expenditure on such system or on highway projects approved under section 103(e)(4) of this title to aid in the retirement of the principal of such bonds the proceeds of which were used for projects on the Federal-aid primary system or extensions of any of the Federal-aid highway systems in urban areas and the retirement of the principal and interest of such bonds the proceeds of which were used for projects on the Interstate System at their maturities, to the extent that the proceeds of such bonds have been actually expended in the construction of one or more of such projects.". (g) Section 107(e) of the Federal-Aid Highway Act of 1978 is amended by adding at the end thereof the following new sentence: "For purposes of this subsection, the term 'construction' has the meaning such term has under section 101(a) of title 23, United States Code.".

96 STAT. 2103

Bond proceeds for project construction, payment claims.

"Construction." 23 USC 103 note.

FEDERALrAID PRIMARY FORMULA

SEC. 108. (a) Notwithstanding section 104(b)(l) of title 23, United States Code, and any other provision of law, amounts authorized for fiscal years 1983, 1984, 1985, and 1986 for the Federal-aid primary system (including extensions in urban areas and priority primary routes) shall be apportioned in accordance with this section. The Secretary of Transportation shall determine for each State the higher of (1) the amount which would be apportioned to such State under section 104(b)(l) of title 23, United States Code, and (2) the amount which would be apportioned to such State under the following formula: One-half in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States as shown by the latest available Federal census and onehalf in the ratio which the population in urban areas in each

Apportionment. 23 USC 104 note.

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23 USC 103.

23 USC 101 et
 * ^9-

PUBLIC LAW 97-424—JAN. 6, 1983

State bears to the total population in urban areas in all the States as shown by the latest Federal census. Qoi) The Secretary of Transportation shall, for each of the fiscal years 1983, 1984, 1985, and 1986, determine the total of the amounts determined for each State under subsection (a) and shall determine the ratio which the total amount authorized for such fiscal year for the Federal-aid primary system bears to the total of such amounts determined under subsection (a) for such fiscal year. (c) The amount which shall be apportioned to each State for the Federal-aid primary system (including extensions in urban areas and priority primary routes) for each of the fiscal years 1983, 1984, 1985, and 1986 shall be the amount determined for such State under subsection (a), multiplied by the ratio determined under subsection (b). (d) Notwithstanding any other provision of law, no State shall receive an apportionment under this section for any fiscal year which is less than the lower of (1) the amount which the State would be apportioned for such fiscal year under section 104(b)(l) of title 23, United States Code, and (2) the amount which would be determined under the formula set forth in subsection (a). Notwithstanding any other provision of law, no State shall receive for any such fiscal year less than one-half of 1 per centum of the total apportionment under this section for such fiscal year. For purposes of this paragraph and subsection (b) of section 103 of this title, the Virgin Islands, Guam, American Ssmioa, and the Commonwealth of the Northern Mariana Islands shall be considered together as one State. The State consisting of the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Mariana Islands shall not receive less than one-half of 1 per centum of each year's apportionment. There are authorized to be appropriated such sums as may be necessary out of the Highway Trust Fund to carry out this subsection. Funds authorized by this subsection shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code. (e) Amounts apportioned under this section shall be deemed to be amounts apportioned under section 104(b)(l) of title 23, United States Code, for purposes of such title and all other provisions of law. Terms used in this section shall have the same meaning such terms have in chapter 1 of title 23, United States Code. (f) Section 103(b)(l) of title 23, United States Code, is amended by striking out "or Puerto Rico" and inserting in lieu thereof "Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands." ENERGY IMPACTED ROADS

Projects, priority.

SEC. 109. (a) Section 105 of title 23, United States Code, is amended ^y adding at the end thereof the following new subsection: "(h) In preparing programs to submit in accordance with subsection (a) of this section, the State highway departments may give priority to projects for the reconstruction, resurfacing, restoration, or rehabilitation of highways which are incurring a substantial use as a result of transportation activities to meet national energy requirements and which will continue to incur such use, and in approving such programs the Secretary may give priority to such projects..

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96 STAT. 2105

(b) Section 120 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: "(k) Notwithstanding any other provision of this section, the Federal share payable on account of any project under this title to reconstruct, resurface, restore, and rehabilitate any highway which the Secretary determines, at the request of any State, is incurring a substantial use as a result of transportation activities to meet national energy requirements and will continue to incur such use is 85 per centum of the cost of such project.".

Project cost. Federal share. Post. p. 2110.

RESURFACING STANDARDS

SEC. 110. (a) Section 109 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: "(o) It is the intent of Congress that any project for resurfacing, restoring, or rehabilitating any highway, other than a highway access to which is fully controlled, in which Federal funds participate shall be constructed in accordance with standards to preserve and extend the service life of highways and enhance highway safety.". Qa) The Secretary of Transportation shall enter into appropriate arrangements with the National Academy of Sciences (1) to conduct a study of the safety cost-effectiveness of geometric design criteria of standards currently in effect for construction and reconstruction of highways, other than highways access to which is fully controlled, to determine the most appropriate minimum standards to apply to resurfacing, restoration, and rehabilitation projects on such highways, which study shall include a study of the cost effectiveness of the hot dip galvanizing process for the installation, repair, or replacement of exposed structural and miscellaneous steel, and (2) to propose standards to preserve and extend the service life of such highways and enhance highway safety. The National Academy of Sciences shall conduct such study in cooperation with the National Transportation Safety Board, the Congressional Budget Office, and the American Association of State Highway and Transportation Officials. Upon completion of such study, the National Academy of Sciences shall submit such study and its proposed standards to the Secretary of Transportation for review. Within ninety days after submission of such standards to the Secretary of Transportation, the Secretary shall submit such study and the proposed standards of the National Academy of Sciences, together with the recommendations of the Secretary, to Congress for approval. (c)(1) The Secretary of Transportation is directed to coordinate a study with the National Bureau of Standards, the American Society for Testing and Materials, and other organizations as deemed appropriate, (A) to determine the existing quality of design, construction, products, use, and systems for highways and bridges; (B) to determine the need for uniform standards and criteria for design, processing, products, and applications, including personnel training and implementation of enforcement techniques; and (C) to determine the manpower needs and costs of developing a national system for the evaluation and accreditation of testing and inspection agencies. (2) The Secretary shall submit such study to the Congress not later than one year after the date of enactment of this section.

Study and proposed standards. 23 USC 109 note.

Review. Submittal to Congress.

National Bureau of Standards and American Society for Testing and Materials, study determinations. 23 USC 109 note.

Submittal to Congress.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/744

 96 STAT. 2106

PUBLIC LAW 97-424—JAN. 6, 1983 VENDING MACHINES

23 USC 111 note.

SEC. 111. Notwithstanding section 111 of title 23, United States Code, before October 1, 1983, any State may permit the placement of vending machines in rest and recreation areas and in safety rest areas constructed or located on rights-of-way of the Nation^Q System of Interstate and Defense Highways in such State. Such vending machines may only dispense such food, drink, and other articles as the State highway department determines are appropriate and desirable. Such vending machines may only be operated by the State. In permitting the placement of vending machines under this Section, the State shall give priority to vending machines which are operated through the State licensing agency designated pursuant to section 2(a)(5) of the Act of June 20, 1936, commonly known as the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)). The costs of installation, operation, and maintenance of vending machines under this section shall not be eligible for Federal assistance under title 23, United States Code. LETTING OF CONTRACTS

SEC. 112. Section 112 of title 23, United States Code, is amended— (1) in subsection (b) by striking out "unless the Secretary shall affirmatively find that, under the circumstances relating to such project, some other method is in the public interest" and inserting in lieu thereof "unless the State highway department demonstrates, to the satisfaction of the Secretary, that some other method is more cost effective"; and (2) in subsection (e) by striking out the period at the end and inserting in lieu thereof the following: ", except where employees of a political subdivision of a State are working on a project outside of such political subdivision.". CONSTRUCTION IN ADVANCE OF APPORTIONMENT

Project cost, Federal share.

SEC. 113. (a) Section 115(bK2) of title 23, United States Code, is amended by striking out "1978" each place it appears and inserting in lieu thereof "1983". (b) Section 115(b) of title 23, United States Code, is amended by adding at the end thereof the following: "(3) Subject to the provisions of this paragraph, the cost of construction of a project, the Federal share of which the Secretary is authorized to pay under this subsection, shall include the amount of any interest earned and payable on bonds issued by the State to the extent that the proceeds of such bonds have actusdly been expended in the construction of such project. In no event shall the amount of interest considered as a cost of construction of a project under the preceding sentence be greater than the excess of (A) the amount which would be the estimated cost of construction of the project if the project were to be constructed at the time the project is converted to a regularly funded project, over (B) the actual cost of construction of such project (not including such interest). The Secretary shall consider changes in construction cost indices in determining the amount under clause (A) of this paragraph.". (c) Section 115(a) of title 23, United States Code, is amended to read as follows: "(a)(1) When a State has obligated all funds apportioned or allocated to it under section 103(e)(4), 104, or 144 of this title, other than

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 PUBLIC LAW 97-424—JAN. 6, 1983 Interstate funds, and proceeds to construct any highway substitute, Federal-aid system, or bridge project, respectively, other than an Interstate project funded under section 104(b)(5) of this title, without the aid of Federal funds in accordance with all procedures and all requirements applicable to such a project, except insofar as such procedures and requirements limit a State to the construrtion of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon application by such State and his approval of such application, is authorized to pay to such State the Federal share of the costs of construction of such project when additional funds are apportioned to such State under section 103(e)(4), 104, or 144, respectively, of this title if— "(A) prior to the construction of the project the Secretary approves the plans and specifications therefor in the same manner as other projects, and "(B) the project conforms to the applicable standsu-ds adopted under section 109 of this title. "(2) The Secretary may not approve an application under this section unless an authorization for section 103(e)(4), 104, or 144 of this title, as the case may be, is in effect for the fiscal year for which the application is sought beyond the currently authorized funds for such State. No application may be approved which will exceed the State's expected apportionment of such authorizations.". (d) Section 115(c) of title 23, United States (Uode, is amended by striking "104" and inserting in lieu thereof "103(e)(4), 104, or 144. MAINTENANCE

SEC. 114. The second sentence of subsection (c) of section 116 of title 23, United States Code, is amended to read as follows: "If, within ninety days after receipt of such notice, such project has not been put in proper condition of maintenance, the Secretary shall withhold approval of further projects of all types in the State highway district, municipality, county, other political or administrative subdivision of the State, or the entire State in which such project is located, whichever the Secretary deems most appropriate, until such project shall have been put in proper condition of maintenance.". INTERSTATE DISCRETIONAKY FUNDS

SEC. 115. (a) Section 118(b) of title 23, United States Code, is amended to read as follows: "(b)(1) Sums apportioned to each Federal-aid system (other than the Interstate System) shall continue available for expenditure in that State for the appropriate Federal-aid S3rstem or part thereof (other than the Interstate System) for a period of three years after the close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse. "(2) Except as otherwise provided in this subsection, simis apportioned for the Interstate System in any State shall remain available for expenditure in that State for the Interstate System until the end of the fiscal year for which authorized. Sums not obligated within the time period prescribed by the preceding sentence shall be made available by the Secretary for projects on the Interstate System (other than projects for which sums are apportioned under section 104(b)(5)(B)) in accordance with the following priorities: First, for

96 STAT. 2107

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PUBLIC LAW 97-424—JAN. 6, 1983

high cost projects which directly contribute to the completion of an Interstate segment which is not open to traffic; and second, for projects of high cost in relation to a State's apportionment. Sums may only be made available under this paragraph in any State if the Secretary determines that the State has obligated all of its apportionments other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project on the Interstate System which has been submitted by such State to the Secretary for approval, and the applicant is willing and able to (A) apply the funds to a ready-to-commence project; and (B) in the case of construction work, begin work within ninety days of obligation. Sums made available under this paragraph shall remain available until expended. "(3) Any amount apportioned to the States for the Interstate System under subsection (b)(5)(B) of section 104 of this title shall continue to be available for expenditure in that State for a period of two years after the close of the fiscal year for which such sums are authorized. Sums not obligated within the time period prescribed by the preceding sentence shall be made available by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System to any other State applying for such funds, if the Secretary determines that the State has obligated all of its apportionments under such subsection other than an amount which, by itself, is insufficient to pay the Federal share of the cost of such a project which has been submitted by such State to the Secretary for approval, and the applicant is willing and able to (A) obligate the funds within one year of the date the funds are made available; (B) apply them to a ready-to-commence project; and (C) in the case of construction work, begin work within ninety days of obligation. Sums made available under this paragraph shall remain available until expended. "(4) Sums apportioned to a Federal-aid system for any fiscal year shall be deemed to be expended if a sum equal to the total of the sums apportioned to the State for such fiscal year and previous fiscal years is obligated. Any Federal-aid highway funds released by the payment of the final voucher or by the modification of the formal project agreement shall be credited to the same class of funds, primary, secondary, urban, or interstate, previously apportioned to the State and be immediately available for expenditure.". "G)) Section 118 of title 23 United States Code is amended by relettering subsections (c) and (d) as subsections (e) and (f), respectively, and by adding after subsection 0)) thereof the following new subsections: "(c) Before any apportionment is made under section 104(b)(5)(A) of this title for a fiscal year beginning after September 30, 1983, the Secretary shall set aside $300,000,000. Such amount shall be available only for obligation by the Secretary in accordance with subsection (b)(2) of this section. "(d) In addition to amounts otherwise available to carry out this section, an amount equal to the amount by which the unobligated apportionment for the Interstate System in any State is reduced under section 103(e)(4) of this title on account of the withdrawal of a route or portion thereof on the Interstate System, which withdrawal is approved after the date of enactment of this subsection, shall be available to the Secretary for obligation in accordance with subsection (b)(2) of this section..

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96 STAT. 2109

INTERSTATE SYSTEM RESURFACING TRANSFERS

SEC. 116. (a)(1) Section 119(a) of title 23, United States Code, is amended by inserting after the first sentence the following; "In addition to projects approved under the preceding sentence, beginning with funds apportioned for fiscal year 1984, the Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing those routes or portions thereof on the Interstate System designated before the date of enactment of this sentence under section 139(a) of this title (other than routes on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) which routes or portions were so 92 Stat. 2692. designated in conjunction with the withdrawal of approval of another route or portion thereof on the Interstate System under section 103(e)(4) of this title.". Ante, p. 2101. (2) The last sentence of section 119(a) of title 23, United States Code, is amended by striking out "designated under sections 103 and 139(c) of this title" and inserting in lieu thereof "under this subsection". (3) The last sentence of section 139(a) of title 23, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ", except that any State may use funds available to it under section 104(b)(l) of this title and, beginning with funds apportioned for fiscal year 1984, under section 104(b)(5)(B) of this title for the resurfacing, restoring, rehabilitating, and reconstructing of any route or portion thereof on the Interstate System on which a project may be approved under the second sentence of section 119(a) of this title.". (b) The last subsection of section 119 of title 23, United States Code, is relettered as subsection (c). (c) Section 119 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: "(d) Upon application by a State and approval by the Secretary, the Secretary may authorize the transfer oi so much of the amount apportioned to such State for any fiscal year under paragraph (5)(A) of subsection 0>) of section 104 of this title, as does not exceed the Federal share of the cost of segments of the Interstate System open to traffic in such State (other than high occupancy vehicle lanes), in the most recent cost estimate, to the apportionment under paragraph (5)(B) of subsection (b) of section 104 of this title, except that not more than 50 per centum of the total apportionment under such paragraph (5)(A) for a fiscal year shall be transferred under this subsection for such fiscal year. The next cost estimate submitted to Congress under paragraph (5)(A) of subsection (b) of such section 104 of the cost of completing segments of the Interstate System open to traffic in that State (other than high occupancy vehicle lanes) shall be reduced for such State in an amount equal to the amount transferred under this subsection.". FEDERAL SHARE

SEC. 117. (a) Section 120(c) of title 23, United States Code, is amended by adding at the end thereof the following new sentence: "Notwithstanding subsection (a) of this section, the Federal share payable on account of any project financed with primary funds on the Interstate System for resurfacing, restoring, rehabilitating, and reconstructing shall be the percentage provided in this subsection."

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Page:United States Statutes at Large Volume 96 Part 2.djvu/748

 96 STAT. 2110

PUBLIC LAW 97-424—JAN. 6, 1983

(b) Section 120(d) of title 23, United States Code, is amended by inserting "or for pavement marking" after "signalization" and by adding at the end thereof the following: "The Federal share payable on account of any project for traffic control signalization under section 103(e)(4) of this title may amount to 100 per centum of the cost of construction of such project.". (c) Section 120 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: "(j) Notwithstanding any other provision of this section (other than subsection (i)), of this title, or of any other law, in any case where a State elects to use funds apportioned to it for any Federsdaid system for any project under sections 143, 148, and 155, of this title and for those priority primary routes under section 147 of this title designated in Committee Print Numbered 97-61 of the Committee on Public Works and Transportation of the House of Representatives, the Federal share payable on account of such project shall be 95 per centum of the cost thereof, unless— "(1) such project is on land owned by the United States in which case the Federal share shall be 100 per centum of the cost of such project, or "(2) a Federal share of the cost of the project greater than 95 per centum is specifically authorized by law.". FRINGE AND CX)RRIIX>R PARKING

Fees.

"Facilities" and "parking aci 1 les.

SEC. 118. Section 137 of title 23, United States Oxie, is amended by inserting the following new subsection (f): "(fKD The Secretary may approve for Federal financial assistance from funds apportioned under section 104(b)(5)(B) of this title, projects for designating existing facilities, or for acquisition of rights of way or construction of new facilities, for use as preferential parking for carpools, provided that such facilities (A) are located outside of a central business district and within an interstate highway corridor, and (B) have as their primary purpose the reduction of vehicular traffic on the interstate highway. "(2) Nothing in this subsection, or in any rule or regulation issued under this subsection, or in any agreement required by this subsection, shall prohibit (A) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to operate any parking facility designated or constructed under this subsection, or (B) any such person from so operating such facility. Any fees charged for the use of any such facility in connection with the purpose of this subsection shall not be in excess of the amount required for operation and msdntenance, including compensation to any person for operating the facility. "(3) For the purposes of this subsection, the terms 'facilities' and 'parking facilities' are synonymous and shall have the same meanjj^g given 'parking facilities' in subsection (c) of this section.". NONDISCRIMINATION

SEC. 119. (a) The first and third sentences of subsection (a) of section 140 of title 23, United States Code, are amended by striking the words "or national origin" and inserting in lieu thereof the words ", national origin, or sex". (b) Section 140 of title 23, United States Code, is amended by adding new subsection (c) as follows:

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Page:United States Statutes at Large Volume 96 Part 2.djvu/749

 PUBLIC LAW 97-424—JAN. 6, 1983 "(c) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer training programs and assistance programs in connection with any program under this title in order that minority businesses may achieve proficiency to compete, on an equal basis, for contracts and subcontracts. Whenever apportionments are made under subsection 104(a) of this title, the Secretary shall deduct such sums as he may deem necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. The provisions of section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), shall not be applicable to contracts and agreements made under the authority herein granted to the Secretary notwithstanding the provisions of section 302(e) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252(e)).". (c) The title of section 140 of title 23, United States Code, is amended to read as follows: "§ 140. Nondiscrimination" and the analysis of chapter 1 of title 23, United States Code, is amended by striking out "140. Equal employment opportunity."

and inserting in lieu thereof "140. Nondiscrimination.". PUBLIC TRANSPORTATION

SEC. 120. (a) The last sentence of section 142(a)(l) of title 23, United States Code, is amended by inserting "and the cost of providing shuttle service to and from the facility" after "of the facility" and by inserting "and for providing such shuttle service" after "operating the facility". (b) Section 142 of title 23, United States Code, is amended as follows: (1) In subsection (a)(l) in the first sentence the words "bus lanes" and insert in lieu thereof "high occupancy vehicle lanes" and delete the words "bus and other" and insert in lieu thereof "high occupancy vehicle and". (2) In subsection (b) delete the word "bus" and insert in lieu thereof "high occupancy vehicle". (3) In subsection (f) delete the words "public mass transportation systems" and insert in lieu thereof "high occupancy vehicles". BRIDGE PROGRAM APPORTIONMENT

SEC. 121. (a) Subsection (e) of section 144 of title 23, United States Code, is amended to read as follows: "(e) Funds authorized to carry out this section shall be apportioned among the several States on October 1 of the fiscal year for which authorized in accordance with this subsection. Each deficient bridge shall be placed into one of the following categories: (1) Federal-aid system bridges eligible for replacement, (2) Federal-aid system bridges eligible for rehabilitation, (3) off-system bridges eligible for replacement, and (4) off-system bridges eligible for rehabilitation. The square footage of deficient bridges in each category shall

96 STAT. 2111

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Page:United States Statutes at Large Volume 96 Part 2.djvu/750

 96 STAT. 2112

Annual data update. Effective date. 23 USC 144 note.

PUBLIC LAW 97-424—JAN. 6, 1983

be multiplied by the respective unit price on a State-by-State basis, as determined by the Secretary; and the total cost in each State divided by the total cost of the deficient bridges in all States shall determine the apportionment factors. No State shall receive more than 10 per centum or less than 0.25 per centum of the total apportionment for any one fiscal year. The Secretary shall make these determinations based upon the latest available data, which shall be updated annually.". (b) The amendment made by subsection (a) of this section shall take effect October 1, 1982, and shall apply with respect to each fiscal year beginning on or after such date. Notwithstanding subsection (e) of section 144 of title 23, United States Code, as soon as practical after the date of enactment of this Act, the Secretary of Transportation shall apportion under such subsection (e), as amended by subsection (a) of this section, sums authorized to be appropriated to carry out such section 144 for the fiscal year ending September 30, 1983. HIGHWAY BRIDGE REPLACEMENT AND REHABIUTATION

Ante, p. 1612. Post, p. 2137.

Expenditure requirement, reduction.

SEC. 122. (a) Subsection (g) of section 144 of title 23, United States Code, is amended by inserting after "(g)" the following: "(1)". Such subsection is further amended by striking out the fourth and fifth sentences and by adding at the end thereof the following: "(2) Of the amount authorized per fiscal year for each of the fiscal years ending September 30, 1983, September 30, 1984, September 30, 1985, and September 30, 1986, by section 5(a)(l) of the Federal-Aid Highway Act of 1982 and section 202(1) of the Highway Safety Act of 1982, all but $200,000,000 per fiscal year shall be apportioned as provided in subsection (e) of this section. $200,000,000 per fiscal year of the amount authorized for each of the fiscal years ending September 30, 1983, September 30, 1984, September 30, 1985, and September 30, 1986, shall be available for obligation on the date of each such apportionment in the same manner and to the same extent as the sums apportioned on such date, except that the obligation of such $200,000,000 shall be at the discretion of the Secretary and shall be only for projects for those highway bridges the replacement or rehabilitation cost of each of which is more than $10,000,000, and for any project for a highway bridge the replacement or rehabilitation costs of which is less than $10,000,000 if such cost is at least twice the amount apportioned to the State in which such bridge is located under subsection (e) of this section for the fiscal year in which application is made for a grant for such bridge. Not less than 15 per centum nor more than 35 per centum of the amount apportioned to each State in each of the fiscal years ending September 30, 1983, September 30, 1984, September 30, 1985, and September 30, 1986, shall be expended for projects to replace or rehabilitate highway bridges located on public roads, other than those on a Federalaid system. The Secretary after consultation with State and local officials may, with respect to a State, reduce the requirement for expenditure for bridges not on a Federal-aid system when he determines that such State has inadequate needs to justify such expenditure.". (b) Notwithstanding section 144 of title 23, United States Code, and any other provision of law, the Secretary of Transportation may approve under such section 144 (including subsection (g)) a project to relocate and replace (1) any bridge across a river located on a two-

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 PUBLIC LAW 97-424—JAN. 6, 1983

96 STAT. 2113

lane Federal-aid highway which is in a slide area, in a flood plain, and in the vicinity of and north of Cloverdale, California, together with (2) all highways and approaches required as a result of such relocation and replacement. (c) Notwithstanding section 144 of title 23, United States Code, and any other provision of law, the Secretary of Transportation may approve under such section 144 (including subsection (g)) a project to replace the LaSalle Peru Bridge which is part of a complete replacement of United States 51 in a new location. CARPOOL AND VANPOOL PROJECTS

SEC. 123. (a) Section 120(d) of title 23, United States Code, is amended by inserting before ", may amount to 100 per centum" the following: "or for commuter carpooling and vanpooling". (b) The Secretary of Transportation is authorized and directed to expend such sums as are necessary out of the administrative funds authorized by subsection (a) of section 104, title 23, United States Code, to carry out the provisions of subsection (d) of section 126 of the Federal-Aid Highway Act of 1978. ALLOCATION OF URBAN FUNDS

SEC. 124. Section 150 of title 23, United States Code, is amended by adding the following sentence at the end thereof: "Funds allocated to an urbanized area under the provisions of this section may, at the request of the Governor and upon approval of the appropriate local officials of the area and the Secretary, be transferred to the allocation of another such area in the State or to the State for use in any urban area.". HAZARD EUMINATION PROGRAM EXTENSION

SEC. 125. Subsection (c) of section 152 of title 23, United States Code, is amended to read as follows: "(c) Funds authorized to carry out this section shall be available for expenditure on any public road (other than a highway on the Interstate System).". FEDERAL LANDS HIGHWAYS PROGRAM

SEC. 126. (a) Section 202 of title 23, United States Code, is amended to read as follows: "§ 202. Allocations "(a) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for forest highways according to the relative needs of the various elements of the national forest system as determined by the Secretary, taking, into consideration the need for access as identified by the Secretary of Agriculture through renewable resource and land use planning, and the impact of such planning on existing transportation facilities. "(b) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for forest development roads and trails according to the relative needs of the various national forests. Such allocation shall be consistent with the

23 USC 146 note.

23 USC 146 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/752

 96 STAT. 2114

Establishment.

Construction and improvement funds. Contracts.

Indian labor.

Projects on Indian reservation roads.

State and local cooperation.

PUBLIC LAW 97-424—JAN. 6, 1983

renewable resource and land use planning for the various national forests. "(c) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for public lands highways among those States having unappropriated or unreserved public lands, nontaxable Indian lands or other Federal reservations, on the basis of need in such States, respectively, as determined by the Secretary upon application of the State highway departments of the respective States. The Secretary shall give preference to those projects which are significantly impacted by Federal land and resource management activities. "(d) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for park roads and parkways each according to the relative needs of the various elements of the national park system, taking into consideration the need for access as identified through Iand use planning and the impact of such planning on existing transportation facilities. "(e) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for Indian reservation roads according to the relative needs of the various reservations as jointly identified by the Secretary and the Secretary of the Interior.". (b) Section 204 of title 23, United States Ckxie, is amended to read as follows: "§ 204. Federal Lands Highways Program "(a) Recognizing the need for all Federal roads which are public roads to be treated under the same uniform policies as roads which are on the Federal-aid systems, there is established a coordinated Federal lands highways program which shall consist of the forest highways, public lands highways, park roads, parkways, and Indian reservation roads as defined in section 101 of this title. "(b) Funds available for forest highways and public lands highways shall be used by the Secretary to pay for the cost of construction and improvement thereof. Funds available for park roads, parkways, and Indian reservation roads shall be used by the Secretary of the Interior to pay for the cost of construction and improvement thereof. In connection therewith, the Secretary and the Secretary of the Interior, as appropriate, may enter into construction contracts and such other contracts with a State or civil subdivision thereof or Indian tribe as deemed advisable. In the case of Indian reservation roads, Indian labor may be employed in such construction and improvement under such rules and regulations as may be prescribed by the Secretary of the Interior. No ceiling on Federal employment shall be applicable to construction or improvement of Indiein reservation roa<k. "(c) Before approving as a project on an Indian reservation road any project on a Federal-aid system in a State, the Secretary must determine that the obligation of funds for such project is supplementary to and not in lieu of the obligation, for projects on Indian reservation roads, of a fair and equitable share of funds apportioned to such State under section 104 of this title. "(d) Cooperation of States, counties, or other local subdivisions may be accepted in construction and improvement, and any funds received from a State, county, or local subdivision shall be credited to appropriations available for the class of Federal lands highways to which such funds were contributed.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/753

 PUBLIC LAW 97-424—JAN. 6, 1983 "(e) Construction of each project shall be performed by contract awarded by competitive bidding, unless the Secretary or the Secretary of the Interior shall affirmatively find that, under the circumstances relating to such project, some other method is in the public interest. Notwithstanding the foregoing, the provisions of section 23 of the "Buy Indian" Act of June 25, 1910 (36 Stat. 891), and the provisions of section 7(b) of the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2205) shall apply to all funds administered by the Secretary of the Interior which are appropriated for the construction and improvement of Indian reservation roads. "(f) All appropriations for the construction and improvement of each class of Federal lands highways shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary of the appropriate Federal land managing agency. "(g) The Secretary shall transfer to the Secretary of Agriculture from appropriations for forest highways such amounts as may be needed to cover necessary administrative expenses of the Forest Service in connection with forest highways. "(h) Funds available for each class of Federal lands highways shall be available for adjacent vehicular parking areas and scenic easements.". (c)(1) The twelfth undesignated paragraph of section 101(a) of title 23, United States Code, defining the term "park roads and trails", is amended to 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.". (2) The tenth undesignated paragraph of section 101(a) of title 23, United States Code, defining the term "Indian reservation roads and bridges" is amended by striking out "The term Indigin reservation roads and bridges' means roads and bridges, including roads and bridges" and inserting in lieu thereof "The term 'Indian reservation roads' means public roads, including roads". (3) Section 101(a) of title 23, United States Code, is amended by adding after the third undesignated paragraph, defining the term "county", the following: "The term 'Federal lands highways' means forest highways, public lands highways, park roadb, parkways, and Indian reservation roads which are public roads.". (d) Sections 206, 207, 208, 209, and 214(c) of title 23, United States Code, are repealed. (e) The analysis of chapter 2 of title 23, United States Code, is amended— (1) by striking out "202. Apportionment for allocation."

and inserting in lieu thereof "202. Allocations.";

(2) by striking out "204. Forest highways."

and inserting in lieu thereof "204. Federal lands highways pn^am.";

and

96 STAT. 2115 Construction by contracts.

36 Stat. 861. 25 USC 47. 25 USC 450e.

Transfer of funds.

"Park road."

"Indian reservation roads."

"Federal lands highways."

Repeals.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/754

 96 STAT. 2116

PUBLIC LAW 97-424—JAN. 6, 1983 (3) by striking out

"206. Park roads and trails. "207. Parkways. "208. Indian reservation roads. "209. Public lands highways."

and inserting in lieu thereof "206. Repealed. "207. Repealed. "208. Repealed. "209. Repealed.".

(f) Sections 201 and 203 of title 23, United States Code, are amended by striking out "park roads and trails" wherever it appears and inserting in lieu thereof "park road". BICYCLE TRANSPORTATION

SEC. 126. Section 217 of title 23, United States Code, is amended to read as follows: "§ 217. Bicycle transportation and pedestrian walkway "(a) To encourage energy conservation and the multiple use of highway rights-of-way, including the development and improvement of pedestrian walkways on or in conjunction with highway rights-ofway, the States may, as Federal-aid highway projects, construct pedestrian walkways. Sums apportioned in accordance with paragraphs (1), (2), and (6) of section 104(b) of this title shall be available for pedestrian wedkways authorized under this section and such projects shall be located and designed pursueint to an overall plan which will provide due consideration for safety and contiguous routes. "(b)(1) To encourage energy conservation, including the development, improvement, and use of bicycle transportation, the States may, as Federal-Eiid highway projects, construct new or improved lanes, paths, or shoulders; traffic control devices, shelters for and parking facilities for bicycles, and carry out nonconstruction projects related to safe bicycle use. Sums apportioned in accordance with paragraphs (1), (2), and (6) of section 104(b) of this title shall be available for bicycle projects authorized under this section and such projects shall be located and designed pursuant to an overall plan which will provide due consideration for seifety and contiguous routes. "(2) In any case where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway, other than a highway access to which is fully controlled, on which bicycles are permitted to operate at each end of such bridge, and the Secretary determines that the safe accommodation of bicycles can be provided at reasonable cost as part of such replacement or rehabilitation, then such bridge shall be so replaced or rehabilitated as to provide such safe accommodations. "(3) No bicycle project shall be authorized by this section unless the Secretary shall have determined that such bicycle project will be principally for transportation, rather than recreation, purposes. Federal share "(c) For all purposes of this title, a pedestrian walkway project payable on authorized by subsection (a) of this section shall be deemed to be a walkway project, highway project, and the Federgd share payable on account of such pedestrian walkway project shall be 100 per centum.

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96 STAT. 2117

"(d) For all purposes of this title, a bicycle project authorized by subsection (b) of this section shall be deemed to be a highway project, and the Federal share payable on account of such bicycle project shall be 100 per centum. "(e) Funds authorized for forest highways, forest development roads and trails, public lands development roads and trails, park roads, parkways, Indian reservation roads, and public lands highways shall be available, at the discretion of the department charged with the administration of such funds, for the construction of pedestrian walkways in conjunction with such trails, roads, highways, and parkways. "(f) Funds authorized for forest highways, forest development roads and trails, public lands development roads and trails, park roads, parkways, Indian reservation roads, and public lands highways shall be available, at the discretion of the department charged with the administration of such funds, for the construction of bicycle routes. "(g) No motorized vehicles shall be permitted on trails and walkways authorized under this section except for maintenance purposes and, when snow conditions and State or local regulations permit, snowmobiles. "(h) Not more than $45,000,000 of funds authorized to be appropriated in any fiscal year may be obligated for projects authorized by subsections (a), (b), (e), and (f) of this section. No State shall obligate more than $4,500,000 for such projects in any fiscal year, except that the Secretary may, upon application, waive this limitation for a State for any fiscal year.".

Federal share payable on bicycle project.

Motorized vehicle prohibition. Appropriation authorization. Waiver.

PARKING RAMPS AND FRONTAGE ROADS

SEC. 127. (a) Subsection (b) of section 108 of the Federal-Aid Highway Act of 1956, as amended, is further amended by adding before the last sentence thereof a new sentence as follows: "Notwithstanding any other provision of law, including any other provision of this subsection, where a project is to be constructed (1) to provide parking garage ramps in conjunction with high occupancy vehicle lanes which flow into a distributor system emptying directly into ramps for off-street parking with preferential parking for carpools, vanpools, and buses and the ramps are part of an environmental mitigation effort and are designed to feed into an aerial walkway system, or (2) to provide a parking lot near the terminus of an Interstate System spur route which radiates from an Interstate System beltway which will be used as an intermodal transfer facility for a light rail transit project to be constructed in the median of the spur route and the parking lot is part of an environmental mitigation effort, or (3) to provide a parking garage and associated facilities as part of an intermodal transfer facility with a transit system near or within an Interstate System route right-of-way which will have direct and indirect access to the facility by way of local streets and the parking garage and associated facilities are part of an environmental mitigation effort, or (4) to provide for the comprehensive upgrading of existing high occupancy vehicle lanes, new ramps and parking facilities at mass transit intermodal transfer points on an existing Interstate System route which has temporary high occupancy vehicle lanes in the median and the parking facilities and ramps are part of an environmental mitigation effort, the costs of such parking garage ramps, parking lots, parking garages, asso-

23 USC 101 note.

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