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Page:United States Statutes at Large Volume 101 Part 1.djvu/177

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 147

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 'RandolphSheppard Act' (20 U.S.C. 107a(a)(5)). The costs of installation, operation, and maintenance of vending machines shall not be eligible for Federal assistance under this title.".

,

(b) STATE POLICE BARRACKS.—Notwithstanding any provision of

section 111 of title 23, United States Code, the Commonwealth of Massachusetts is authorized to construct a State Police Barracks, including customary access and egress, on State owned property at the intersection of 1-93 and Route 3, in Quincy, Massachusetts. SEC. 111. CONTRACTS.

(a) LETTING OF CONTRACTS.—Section 112(b) of title 23, United States Code, is amended by inserting "or that an emergency exists" before the period at the end of the first sentence. (b) CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.—Sec-

tion 112(b) of such title is further amended by striking out "Construction" and inserting in lieu thereof "(1) IN GENERAL.— Subject to paragraph (2), construction" and by adding at the end thereof the following new paragraph: "(2) CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.—

1. ^

t

"(A) GENERAL RULE.—Each contract for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services with respect to a project subject to the provisions of subsection (a) of this section shall be awarded in the same manner as a contract for architectural and engineering services is negotiated under title IX of the Federal Property and Administrative Services Act of 1949 or equivalent State qualifications-based requirements. "(B) APPLICABILITY.— "(i) IN A COMPLYING STATE.—If, on the date of the

enactment of this paragraph, the services described in subparagraph (A) may be awarded in a State in the manner described in subparagraph (A), subparagraph (A) shall apply in such State beginning on such date of enactment, except to the extent that such State adopts by statute a formal procedure for the procurement of such services. "(ii) I N A NONCOMPLYING STATE.—In the case of any other State, subparagraph (A) shall apply in such State beginning on the earlier of (I) August 1, 1989, or (II) the 10th day following the close of the 1st regular session of the legislature of a State which begins after the date of the enactment of this paragraph, except to the extent that such State adopts or has adopted by statute a formal procedure for the procurement of the services described in subparagraph (A).". (c) STANDARDIZED CONTRACT CLAUSE CONCERNING SITE CONDI-

TIONS.—Section 112 of such title is amended by redesignating subsection (e), and any references thereto, as subsection (f), and by inserting after subsection (d) the following new subsection: "(e) STANDARDIZED CONDITIONS.—

CONTRACT

CLAUSE

CONCERNING

SITE

40 USC 541.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/178

 101 STAT. 148 Regulations. 23 USC 106.

PUBLIC LAW 100-17—APR. 2, 1987 "(1) GENERAL RULE.—The Secretary shall issue regulations ' • establishing and requiring, for inclusion in each contract entered into with respect to any project approved under section 106 of this title a contract clause, developed in accordance with ^) guidelines established by the Secretary, which equitably addresses each of the following: } "(A) Site conditions. 'i "(B) Suspensions of work ordered by the State (other than a suspension of work caused by the fault of the contractor or by weather). "(C) Material changes in the scope of work specified in the contract. The guidelines established by the Secretary shall not require P arbitration. ' "(2) LIMITATION ON APPLICABILITY.—Paragraph (1) shall apply in a State except to the extent that such State adopts or has ^^'• adopted by statute a formal procedure for the development of a ^y contract clause described in paragraph (1) or adopts or has adopted a statute which does not permit inclusion of such a contract clause.", (d) CONFORMING AMENDMENTS.—Section 112(b) of such title is further amended— (1) by inserting "BIDDING REQUIREMENTS.—" after "(b)"; and (2) by indenting paragraph (1), as designated by subsection (a) of this section, and aligning such paragraph with paragraph (2), as added by such subsection. SEC. 112. CONVICT PRODUCED MATERIALS.
 * po. r

' ^,' e,,tt v

(a) IN GENERAL.—Subsection (b) of section 114 of title 23, United States Code, is amended to read as follows: "(b) CONVICT LABOR AND CONVICT PRODUCED MATERIALS.— "(1) LIMITATION ON CONVICT LABOR.—Convict labor shall not

,^ be used in construction of highways or portions of highways ,'^* located on a Federal-aid system unless it is labor performed by, convicts who are on parole, supervised release, or probation. "(2) LIMITATION ON CONVICT PRODUCED MATERIALS.—Materials

produced by convict labor may only be used in such construction— "(A) if such materials are produced by convicts who are on parole, supervised release, or probation from a prison; or ^. •: "(B) if such materials are produced by convicts in a qualified prison facility and the amount of such materials produced in such facility for' use in such construction during any 12-month period does not exceed the amount of such materials produced in such facility for use in such construction during the 12-month period ending July 1, 1987. as "(3) QUALIFIED PRISON FACILITY DEFINED.—As used in this subsection, 'qualified prison facility' means any prison facility -liv, in which convicts, during the 12-month period ending July 1, 1987, produced materials for use in construction of highways or portions of highways located on a Federal-aid system.". (b) CONFORMING AMENDMENTS.—(1) Subsection (a) of such section is amended by inserting "CONSTRUCTION WORK IN GENERAL.—"

before "The construction o f.

.

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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 101 Part 1.djvu/179

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 149

(2) Section 202 of the Departments of Commerce, Justice, State, the Judiciary, and Related Agencies Appropriation Act, 1985 is 23 USC 114 note. repealed. (3) Section 1761(d) of title 18, United States Code, is repealed. SEC. 113. ADVANCE CONSTRUCTION. (a) SUBSTITUTE, URBAN, SECONDARY, BRIDGE, PLANNING, RESEARCH, AND SAFETY CONSTRUCTION PROJECTS.—Subsection (a) of section 115

of title 23, United States Code, is amended to read as follows:

, ••'<•:

"(a) SUBSTITUTE, URBAN, SECONDARY, BRIDGE, PLANNING, RESEARCH, AND SAFETY CONSTRUCTION PROJECTS.— "(1) GENERAL RULE.—Subject to paragraph (2), when a State—

"(A)(i) has obligated all funds apportioned or allocated to it under section 103(e)(4)(H), section 104(b)(2), section li ' 104(b)(6), section 104(f), section 130, section 144, section 152, or section 307 of this title, or "(ii) has used or demonstrates that it will use all obligas tion authority allocated to it for Federal-aid highways and ,i highway safety construction, and ,i "(B) proceeds with a project funded under such an apporr tionment or allocation without the aid of Federal funds in accordance with all procedures and all requirements ap< • plicable to such a project, except insofar as such procedures •^ and requirements limit the State to implementation of projects with the aid of Federal funds previously appore tioned or allocated to it or limit a State to implementation of a project with obligation authority previously allocated V to it for Federal-aid highways and highway safety construction, the Secretary, upon approval of an application of the State, is authorized to pay to the State the Federal share of the cost of the project when additional funds are apportioned or allocated to the State under such section or when additional obligation authority is allocated to it. c

"(2) PLANS, SPECIFICATIONS, AND APPLICABLE STANDARDS.—The

Secretary may only make payments to a State with respect to a project if— "(A) prior to commencement 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 standards under this title. "(3) LIMITATION WITH RESPECT TO CURRENTLY AUTHORIZED

FUNDS.—The Secretary may not approve an application under this section unless an authorization for section 103(e)(4), 104, 130, 144, 152, or 307 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. This paragraph shall have no effect during the period beginning January 1, 1987, and ending September 30, 1990.". (b) PRIMARY PROJECTS.—Subsection 0>X1) of such section is amended to read as follows: "(b) INTERSTATE AND PRIMARY PROJECTS.—

"(1) IN GENERAL.—When a State proceeds to construct any project on the Federal-aid primary system or the Interstate

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Page:United States Statutes at Large Volume 101 Part 1.djvu/180

 101 STAT. 150 '*">. ' '

!'

23 USC 104.

PUBLIC LAW 100-17—APR. 2, 1987 System 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 the fa State to the construction of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon approval of application of the State, is authorized to pay to the State the Federal share of the cost of construction of the project when additional funds are apportioned to the State under section 104(b)(1) or 104(b)(5), as the case may be, 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 standards under section 109 of this title.". (c) LIMITATION FOR FISCAL YEARS 1987-1990.—Such section 115 is

further amended by adding at the end the following new subsection: "(d) LIMITATION ON ADVANCED FUNDING FOR FISCAL YEARS 1987-

Effective date.

1990.—The Secretary may not approve an application of a State under this section with respect to a project with funds apportioned, or currently authorized to be apportioned, under section 103(e)(4)(H), 104, 130, 144, 152, or 307 if the amount of approved applications with respect to such projects exceeds the total of unobligated funds apportioned or allocated to the State under such section, plus such State's expected apportionment under such section from existing authorizations plus an amount equal to such State's expected apportionment under such section (other than section 104(b)(5)(A)) for one additional fiscal year. This subsection shall only be effective during the period beginning January 1, 1987, and ending September 30, 1990.". (d) CONFORMING AMENDMENTS.—(1) Such section 115 is amended— (A) by striking out the heading for such section and inserting in lieu thereof the following: "§ 115. Advance construction"; (B) in subsection (b)(2) by inserting

"BOND INTEREST FOR PROJECTS UNDER CONSTRUCTION O N JANUARY 1, 1983.—" after

"(2)"; (C) in subsection (b)(3) by inserting "BOND INTEREST.—" after "(3)"; 4 „ (D) in subsection (b) by aligning paragraphs (2) and (3) with paragraph (1), as amended by subsection (b) of this section; (E) in subsection (c) by inserting "COMPLETION OF PROJECTS.—" after "(c)"; and (F) in subsection (c) by striking out "or 144" and inserting in lieu thereof "134,144,152, or 307". (2) The analysis for chapter 1 of such title 23 is amended by striking out the item relating to section 115 and inserting in lieu thereof the following: "115. Advance construction."

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,

SEC. 114. INTERSTATE DISCRETIONARY FUNDS. (a) CONSTRUCTION FUNDS; ADDITIONAL PRIORITY PROJECT.—Para-

graph (2) of section 118(b) of title 23, United States Code, is amended to read as follows: . "(2) INTERSTATE CONSTRUCTION FUNDS.— jc'? "(A) PERIOD OF AVAILABILITY.—

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Page:United States Statutes at Large Volume 101 Part 1.djvu/181

 PUBLIC LAW 100-17—APR. 2, 1987 "(i) APPORTIONMENTS

BEFORE

OCTOBER

101 STAT. 151 i,

1989.—

Except as otherwise provided in this subsection, sums apportioned before October 1, 1989, for the Interstate System in any State shall remain available for expenditure in the State until the end of the fiscal year for which authorized. Upon request of the State, the Secretary shall reduce the period of availability of such sums by 1 fiscal year. "(ii) APPORTIONMENTS THEREAFTER.—Sums apportioned on or after October 1, 1989, for the Interstate System in any State shall remain available for expenditure in the State until expended. "(B)

DISCRETIONARY

PROJECTS.—Sums

not

obligated

within the time period prescribed by subparagraph (A)(i) shall lapse and, subject to section 149(d) of the Federal-Aid Highway Act of 1987, 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)) 23 USC 104. in accordance with the following priorities: "(i) First, for— "(I) high cost projects which directly contribute to the completion of a segment of the Interstate System which is not open to traffic; and "(II) high cost projects for construction of high California. occupancy vehicle lanes and other lanes on any highway in Los Angeles County, California, designated as a part of the Interstate System by section 140 of the Federal-Aid Highway Act of 1978 92 Stat. 2711. and the costs of construction of which are included in the interstate cost estimate for 1985. "(ii) Second, for projects of high cost in relation to a State's apportionment. "(iii) Third, for projects with respect to which the Secretary may make payments under section 115 of this title. "(C) LIMITATION ON STATES ELIGIBLE FOR DISCRETIONARY

FUNDS.—Sums may only be made available under this paragraph in any State in a fiscal year if— "(i)(I) the Secretary determines that the State has obligated all of its apportionments under section 104(b)(5)(A) of this title 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 the State to the Secretary for approval; or "(II) the State certifies to the Secretary that the State will obligate before August 1 of the fiscal year all of its apportionments under section 104(b)(5)(A) other than such an insufficient amount; and "(ii) the applicant for a project with respect to which the Secretary may not make payments under section 115 of this title is willing and able to— "(I) apply the funds to a ready-to-commence project, and "(II) in the case of construction work, begin work within 90 days of obligation. "(D) EXCEPTION TO LIMITATION.—The Secretary may make funds available to the State of California for construction of

e

«.•

California.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/182

 101 STAT. 152

PUBLIC LAW 100-17—APR. 2, 1987 high occupancy vehicle and other lanes described in subparagraph (B)(i)(II) whether or not such State has met the requirements of clause (i) of subparagraph (C). Nothing in this subparagraph shall be construed to give construction of such lanes priority over projects described in subparagraph (B)(i)(I).

it^^g -I..

•ui •'.-

"(E) LIMITATION O N SECRETARY'S DISCRETION.—If, w i t h i n

365 days after any sums become available for obligation under this paragraph, the Secretary does not make such sums available for first priority projects under subparagraph (B)(i) of this paragraph, the Secretary shall make such sums available for carrying out second and third priority projects under subparagraph (B). "(F) PERIOD OF AVAILABILITY OF DISCRETIONARY FUNDS.—

Sums made available pursuant to this paragraph shall remain available until expended.". 23 USC 118.

(b) SET ASIDE OF 4 R FUNDS FOR 4 R DISCRETIONARY PROJECTS.— Section 118(c) of such title is amended by inserting "SET ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.—" after "(c), by inserting "(1) SET ASIDE FOR CONSTRUCTION PROJECTS.—" before "Before", and by

adding at the end thereof the following new paragraph: "(2) SET ASIDE FOR 4R PROJECTS.—Before any apportionment is

made under section 104(b)(5)(B) of this title, the Secretary shall set aside $200,000,000 for obligation by the Secretary in accordance with subsection (b)(3) of this section and subject to section 149(d) of the Federal-Aid Highway Act of 1987.".

b. jr0i,!>

(c) LIMITATIONS ON STATES AND PROJECTS ELIGIBLE FOR 4 R DISCRE-

 * •.; /&e

TiONARY FUNDS.—Paragraph (3) of section 118(b) of such title is amended to read as follows: "(3) INTERSTATE 4R FUNDS.— "(A) PERIOD OF AVAILABILITY.—Any amount apportioned

'<• <<'

to a State for the Interstate System under section 104(b)(5)(B) of this title shall continue to be available for expenditure in the State for a period of 1 year after the close of the fiscal year for which such sums are authorized. "(B)

•' 'i']

DISCRETIONARY

PROJECTS.—Sums

not

obligated

within the time period prescribed by subparagraph (A) shall lapse and, subject to section 149(d) of the Federal-Aid High' • ' way Act of 1987, be made available by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing any route or portion thereof on the Interstate System (other than any highway designated as a part of the 23 USC 139. Interstate System under section 139 and any toll road on the Interstate System not subject to an agreement under section 119(e) of this title). Such funds shall be made available by the Secretary to any other State applying for such funds, if the Secretary determines that— "(i) the State has obligated all of its apportionments 23 USC 104. under section 104(b)(5)(B) other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitatijri':"::-.''.. •- j^g^ Qjrid reconstructing the Interstate System which has been submitted by such State to the Secretary for j-ar 'U:iV approval; and "(ii) the applicant is willing and able to (I) obligate . t is'> ^ylnm urn: the funds within 1 year of the date the funds are made l.j i • >;j:f.:. available, (II) apply them to a ready-to-commence

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Page:United States Statutes at Large Volume 101 Part 1.djvu/183

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 153

project, and (III) in the case of construction work, begin work within 90 days of obligation. vjf

"(C) PRIORITY C O N S I D E R A T I O N FOR CERTAIN P R O J E C T S. — I n

'i:

selecting projects to fund under subparagraph (B), the Secretary shall give priority consideration to any project the cost of which exceeds $10,000,000 on any high volume route in a n urban a r e a or a high truck-volume route in a r u r a l area.

b,,

"(D) PERIOD OF AVAILABILITY OF DISCRETIONARY F U N D S. —

if;

S u m s m a d e available pursuant to this paragraph r e m a i n available until expended.".

Urban areas.

---•*' '••*•*• •'• '

shall

(d) CREDIT FOR CERTAIN U N U S E D R I G H T - O F - W A Y. — Notwithstanding

Arizona,

any other provision of law, the value of unused right-of-way acquired under section 104(b)(5)(A) of title 23, United States Code, or section 118(b)(2) of such title in the State of Arizona may be credited to the unobligated balance of funds apportioned to the State under section 104(b)(5)(B) of such title if requested by the State and approved by the Secretary. (e) CONFORMING AMENDMENTS.—(1) The m a t t e r preceding the first

colon in section 104(b) of title 23, United States Code, is amended by inserting after "subsection (a) of this section" the following: " and the set asides authorized by subsection (f) of this section and sections 118(c) and 307(d) of t h i s title ". (2) Section 118 of such title is amended by striking out the heading for such section and inserting in lieu thereof the following:

Ante, p. 152; ] p. 167.

" § 1 1 8. Availability of funds". (3) Section 118(b) of such title is amended— (A) in paragraph (1) by inserting " P E R I O D S OF AVAILABILITY OF F U N D S; DISCRETIONARY P R O J E C T S. — " before "(1)"; (B) in paragraph (1) by inserting " P E R I O D OF AVAILABILITY O F NON-INTERSTATE F U N D S. — " before " S u m s "; (C) in paragraph (4) by inserting " O B L I G A T I O N AS EQUIVALENT TO EXPENDITURES; EFFECT O F RELEASE OF F U N D S. — " before

"Sums"; and (D) by indenting paragraph (1) and aligning such paragraph and paragraph (4) with paragraph (2), as amended by subsection (a) of this section. (4) Section 118(c) of such title is further amended— (A) by indenting paragraph (1), as designated by subsection (b) of this section, and aligning such paragraph with paragraph (2), as added by such subsection (b); and (B) by striking out "Such a m o u n t " and inserting in lieu thereof "Subject to section 149(d) of the Federal-Aid H i g h w a y Act of 1987, such a m o u n t ". (5) The analysis for chapter 1 of such title is amended by striking out the item relating to section 118 and inserting in lieu thereof the following: "118. Availability of funds.". SEC. 115. FLEXIBILITY OF USE OF HIGHWAY FUNDS.

Section 118(f) of title 28, United States Code, r e l a t i n g to availability of s u m s apportioned to the State of Alaska, is amended by inserting " and the Commonwealth of P u e r to Rico" after " the State of Alaska".

Puerto Rico,

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Page:United States Statutes at Large Volume 101 Part 1.djvu/184

 101 STAT. 154

PUBLIC LAW 100-17—APR. 2, 1987

SEC. 116. INTERSTATE 4R PROGRAM. (a) TRANSFER OF INTERSTATE CONSTRUCTION APPORTIONMENTS.—

« Massachusetts.

Section 119(d) of title 23, United States Code, is amended to read as follows: "(d) TRANSFER OF INTERSTATE CONSTRUCTION APPORTIONMENTS.—

Motor vehicles.

Upon application by a State (other than the State of Massachusetts) and approval by the Secretary, the Secretary may transfer to the 23 USC 104. apportionments to such State under section 104(b)(1) or 104(b)(5)(B) any amount of the funds apportioned to such State for any fiscal year under section 104(b)(5)(A) if such amount does not exceed the Federal share of the costs of construction of segments of the Inter• A state System open to traffic in such State (other than high occupancy vehicle lanes) included in the most recent interstate cost estimate. Upon transfer of such amount, the construction on which such amount is based on open-to-traffic segments of the Interstate System in such State as included in the latest interstate cost estimate shall be ineligible and shall not be included in future interstate cost estimates approved or adjusted under section 104(b)(5)(A).". (b) TOLL ROAD AGREEMENTS.—Section 119 of title 23, United States

Code, is amended by adding at the end thereof the following new subsections: ^,,

.

' '(e) TOLL ROAD AGREEMENTS.—

>; f

"(1) REQUIREMENT.—The Secretary may approve a project pursuant to subsection (a) on a toll road only if an agreement satisfactory to the Secretary has been reached with the State highway department and each public authority with jurisdiction over such toll road prior to the approval of such project that the toll road will become free to the public upon the collection of tolls sufficient to liquidate the cost of the toll road or any bonds outstanding at the time constituting a valid lien against it, and the cost of maintenance and operation and debt service during the period of toll collections. "(2) TERMS.—An agreement under this subsection shall contain— "(A) a provision requiring that if, for any reason, a toll road receiving Federal assistance under this section does not become free to the public upon collection of sufficient tolls as specified in paragraph (1) of this subsection, Federal funds used for projects on such toll road pursuant to this subsection shall be repaid to the Federal Treasury, and "(B) a provision requiring that if such repayment does not equal or exceed Federal funds apportioned to a State by reason of including mileage on such toll road in an appor*" tionment formula, the apportionment to the State shall be reduced by the amount needed to make the repayment equal the amount of such Federal apportionment. "(3) TREATMENT OF SECTION I 0 5 AGREEMENTS.—Any agreement

entered into under section 105 of the Federal-Aid Highway Act of 1978 before the date of the enactment of this subsection shall be treated as an agreement entered into under this subsection.

"(f) TRANSFER OF FUNDS FOR PRIMARY SYSTEM PROJECTS.— "(1) UPON CERTIFICATION ACCEPTANCE.—If a State certifies

to the Secretary that any part of the sums apportioned to the State under section 104(b)(5)(B) of this title are in excess of the needs of the State for resurfacing, restoring, rehabilitating, or re-

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Page:United States Statutes at Large Volume 101 Part 1.djvu/185

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 155

constructing Interstate System routes and the Secretary accepts such certification, the State may transfer such excess part to its apportionment under section 104(b)(1). 23 USC 104. "(2) UNCONDITIONAL.—Notwithstanding paragraph (1), a State ^ - may transfer to its apportionment under section 104(b)(1) of this title— "(A) in fiscal year 1987, an amount not to exceed 20 percent of the funds apportioned to the State under section 104(b)(5)(B) which are not obligated at the time of the transfer; and ^, J "(B) in any fiscal year thereafter, an amount equal to 20 percent of the funds apportioned to the State under section 104(b)(5)(B) for such fiscal year.". (c) CONFORMING AMENDMENTS.—(1) Section 119(a) of such title is amended by striking out "section 105 of the Federal-Aid Highway Act of 1978" and inserting in lieu thereof "subsection (e)". Ante, p. 154. (2) Section 105 of the Federal-Aid Highway Act of 1978 is amended 92 Stat. 2692. by striking out all that follows the first sentence. SEC. 117. FEDERAL SHARE. (a) CERTAIN HIGHWAY SAFETY CONSTRUCTION PROJECTS.—Section

120(d) of title 23, United States Code, is amended by inserting after "vanpooling" the following: "or for installation of traffic signs, highway lights, guardrails, or impact attenuators". (b) PRIORITY PRIMARY PROJECTS.—Section 120 of such title is amended by redesignating the second subsection (i) and subsections (j) and (k) (and any reference thereto) as subsections (j), (k), and (1), respectively, and in subsection (k) as so redesignated by striking out "97-61" and inserting in lieu thereof "100-3". (c) EMERGENCY RELIEF.—

(1) IN GENERAL.—The first sentence of subsection (f) of such section is amended to read as follows: "EMERGENCY RELIEF.— The Federal share payable on account of any repair or reconstruction provided for by funds made available under section 125 of this title on account of any project on a Federal-aid highway system, including the Interstate System, shall not exceed the Federal share payable on a project on such system as provided in subsections (a) and (c) of this section; except that (1) the Federal share payable for eligible emergency repairs to minimize damage, protect facilities, or restore essential traffic accomplished within 90 days after the actual occurrence of the natural disaster or catastrophic failure may amount to 100 percent of the costs thereof; and (2) the Federal share payable on account of any repair or reconstruction of forest highways, ^ forest development roads and trails, park roads and trails, parkways, public lands highways, public lands development roads and trails, and Indian reservation roads may amount to 100 percent of the cost thereof.". (2) APPLICABILITY.—The amendment made by paragraph (1) 23 USC 120 note. shall apply to all natural disasters and catastrophic failures which occur after the date of the enactment of this Act. (d) GREAT RIVER ROAD.—Such section 120 is amended—

-

(1) in subsection (k), as redesignated by subsection Ob), by striking out ", 148, and 155," and inserting in lieu thereof "and 155"; and (2) by adding at the end thereof the following new subsection:

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Page:United States Statutes at Large Volume 101 Part 1.djvu/186

 101 STAT. 156

PUBLIC LAW 100-17—APR. 2, 1987 "(m) GREAT RIVER ROAD PROJECTS.—Notwithstanding any other

23 USC 148.

.,^!

provision of this section, this title, or any other law, in any case where a State elects to use funds apportioned to it for any Federalaid system for any project under section 148 of this title, the Federal share payable on account of such project shall be 95 percent of the cost thereof; except that if a State requests that the Federal share payable on account of such project be a percentage of the cost of such project which is less than 95 percent but not less than 75 percent, such percentage shall be the Federal share payable on account of such project.". (e) INCREASED NON-FEDERAL SHARE.—Such section 120 is further amended by adding at the end the following new subsection: "(n) INCREASED NON-FEDERAL SHARE.—Notwithstanding any other provision of this title and subject to such criteria as the Secretary may establish, a State may contribute an amount in excess of the non-Federal share of a project under this title so as to decrease the Federal share payable on such project.".

23 USC 120 note.

Bridges.

(f) INCENTIVE PROGRAM FOR THE USE OF COAL A S H. — Not w i t h s t and -

ing sections 119, 120, and 144 of title 23, United States Code, in each of fiscal years 1987, 1988, 1989, 1990, and 1991, the percentage specified in such sections as the Federal share of the cost payable on account of any highway or bridge construction project in which materials produced from coal ash are used in significant amounts shall be increased by adding 5 percent to such percentage; except that in no case shall the Federal share payable on account of any project exceed 95 percent of the cost of such project as a result of increasing such Federal share under this subsection. SEC. 118. EMERGENCY RELIEF. (a) OBLIGATION CEILING.— (1) GENERAL RULE.—Section 125(b) of title 23, United States

., 23 USC 125 note.

Virgin Islands. Guam. American Samoa. Northern Mariana Islands.

Code, is amended by striking out "shall not exceed $30,000,000" and all that follows through "1985) in any State." and inserting in lieu thereof "in a State shall not exceed $100,000,000.". (2) RETROACTIVE APPLICABILITY.—The amendment made by paragraph (1) shall apply with respect to natural disasters and catastrophic failures occurring after December 31, 1985. (b) TERRITORIES.— (1) TREATED AS STATES.—Section 125 of such title is amended

by adding at the end thereof the following new subsection: "(d) TREATMENT OF TERRITORIES.—For purposes of this section, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be considered to be States and parts of the United States, and the chief executive officer of each such territory shall be considered to be a Governor of a State.". (2) LIMITATION ON OBLIGATIONS.—The first sentence of subsection (b) of such section 125 is amended by inserting "(1)" before ij.; 1 A ":/^>i '^i: "obligations" and by inserting before the period at the end the >r following: ", and (2) the total obligations for projects under this section in any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana •'•^ Islands shall not exceed $5,000,000". 23 USC 125 note. (3) EFFECTIVE DATE.—The amendments made by paragraphs (1) and (2) shall take effect on the date of the enactment of this -•* Act.

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 101 STAT. 157

PUBLIC LAW 100-17—APR. 2, 1987 SEC. 119. VEHICLE WEIGHT.

(a) EXCEPTION TO GENERAL VEHICLE WEIGHT RULE.—The second sentence of subsection (a) of section 127 of title 23, United States Code (relating to vehicle weight limitations for the Interstate System), is amended— (1) by inserting "(1)" before "is 36 feet or more"; (2) by inserting after "36 feet or more" the following: ", or (2) in the case of a motor vehicle hauling any tank trailer, dump trailer, or ocean transport container before September 1, 1988, is 30 feet or more"; and (3) by inserting after "except in the case of the overall gross weight of any group of two or more consecutive axles' the following: "on any vehicle (other than a vehicle comprised of a motor vehicle hauling any tank trailer, dump trailer, or ocean transport container on or after September 1, 1988)". (b) WITHHOLDING OF FUNDS.—Subsection (a) of such section 127 is amended by striking out "lapse." and inserting in lieu thereof the following: lapse if not released and obligated within the availability period specified in section 118(b)(1) of this title.". (c) OCEAN TRANSPORT CONTAINER DEFINED.—Such section 127 is amended by adding at the end thereof the following new subsection: "(c) OCEAN TRANSPORT CONTAINER DEFINED.—For purposes of this section, the term 'ocean transport container' has the meaning given the term 'freight container' by the International Standards Organization in Series 1, Freight Containers, 3rd Edition (reference number IS0668-1979(E)) as in effect on the date of the enactment of this subsection.". (d)

CONFORMING

AMENDMENTS.—Such

section

is

further

amended— (1) in subsection (a) by inserting " IN GENERAL.—" before "No '^! funds"; and (2) in subsection (b) by inserting "REASONABLE ACCESS.—" fe before "No State". SEC. 120. TOLL FACILITIES.

(a) PILOT PROGRAM.—Section 129 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: "(j) PILOT PROGRAM.— "(1) AUTHORIZATION FOR FEDERAL PARTICIPATION.—Subject to

the provisions of this subsection, the Secretary shall establish a pilot program which permits Federal participation in 7 toll facilities on the same basis and in the same manner as in the construction of free highways under this chapter. "(2) LIMITATION ON TYPES OF FACILITIES.—The Secretary may

only permit Federal participation under this subsection in the following type of facilities: "(A) The construction of a new toll highway, bridge, or Bridges. tunnel (other than a highway on the Interstate System). "(B) The reconstruction of an existing highway, bridge, or tunnel to expand its capacity (other than a highway, bridge, or tunnel on the Interstate System). "(3) LIMITATION ON NUMBER OF FACILITIES.—The Secretary

may only permit Federal participation under this subsection in 7 facilities. One of such facilities shall be carried out in each of the following: Orange County, California, the State of Texas, the State of Pennsylvania, the State of Florida, and the State of South Carolina. The locations of the other 2 facilities shall be at

California. Texas. Pennsylvania. Florida. South Carolina.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/188

 101 STAT. 158

PUBLIC LAW 100-17—APR. 2, 1987 the discretion of the Secretary; except that not more than 2 facihties carried out under this subsection may be located in a State. The Governor of the State of Pennsylvania shall select the facility to be carried out in such State.

Bridges.

"(4) LIMITATION ON FEDERAL SHARE.—Notwithstanding any

other provision of law, the Federal share payable for the construction or reconstruction of a toll highway, bridge, or tunnel under this subsection shall not exceed 35 percent. "(5) PUBLIC OWNERSHIP REQUIREMENT.—Each highway, bridge, tunnel, or approach thereto under this subsection must be publicly owned and operated; except that, under this subsection. Federal funds may participate in the approaches to a toll highway, toll bridge, or toll tunnel whether the highway, bridge, or tunnel is to be or has been constructed by a State or other public authority.

Bridges.

"(6) LIMITATIONS ON USE OF REVENUES.—Before the Secretary \if|

may permit Federal participation under this subsection in a State, the State highway department must enter into an agreement with the Secretary which provides that all toll revenues received from operation of the tolled facility constructed or reconstructed under this subsection will be used only on the tolled facility, and only for construction or reconstruction costs, or for the costs necessary for the proper operation, maintenance, and debt service of the tolled facility, including resurfacing, reconstruction, rehabilitation, and restoration. "(7)

LIMITATION

ON FEDERAL PARTICIPATION

TO ORIGINAL

CONSTRUCTION.—Except for reconstruction to expand capacity, toll facilities may receive Federal participation under this chapter only once for the original construction or reconstruction of .?; the facility. "(8) EFFECT ON APPORTIONMENT.—Toll mileage constructed or ., reconstructed under this subsection shall not be used to increase a State's apportionment under any apportionment formula. "(9) N E W TOLL HIGHWAY DEFINED.—For purposes of this ^ subsection, the term 'new toll highway, bridge, or tunnel' shall / mean initial construction of a highway, bridge, or tunnel on a > new location at any time before it is open to traffic and shall not include any improvements to a toll highway, bridge, or tunnel after it is open to traffic", (b) BIENNIAL CERTIFICATION.—Such section 129 is amended by adding at the end the following new subsection: "(k) BIENNIAL CERTIFICATION.— Bridges.

,j Ante, p. 154.

"(1) To GOVERNOR.—Each operator of toll roads, toll tunnels, toll ferries, and toll bridges (other than an international toll facility or toll facility subject to an agreement under this section or section 119(e) of this title) on a Federal-aid system in a State shall biennially certify to the Governor of the State that such facilities are adequately maintained and that the operator of such toll facility has the ability to fund the replacement or repair of any such facilities that are not adequately maintained without using Federal-aid highway funds. Failure to certify shall preclude Federal funding out of the Highway Trust Fund of any facilities owned or operated by the operator of such toll facility. "(2) REPORT TO SECRETARY.—The Governor of each State shall report biennially to the Secretary on the toll facilities subject to

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101 STAT. 159

paragraph (1) of this subsection with respect to which a certification has been made in accordance with paragraph (1) and those with respect to which such a certification has not been made. If funds from the Highway Trust Fund are used to repair or replace toll facilities with respect to which such a certification has or has not been made, the apportionments to such State for the following fiscal year under section 104 of this title 23 USC 104. shall be reduced by the amount of Highway Trust Fund moneys expended on such facilities; except that such reduction shall not be made if the State has executed under this section or section 119(e) of this title an agreement with the Secretary covering Ante, p. 154. such toll facilities.". (c) VOIDING OF CERTAIN AGREEMENTS.— (1) WEST VIRGINIA AND KANSAS TURNPIKES AND FORT MC HENRY

Maryland.

TUNNEL.—Upon the request of the appropriate State highway department of the West Virginia Turnpike (1-77 in the State of West Virginia), the Fort McHenry Tunnel, Maryland, and the Kansas Turnpike, Kansas, and upon such department entering into an agreement with the Secretary that toll revenues from operation of the tolled facility will be used only on such facility for construction and reconstruction costs and for the costs necessary for the proper operation and debt service of such facility (including resurfacing, reconstruction, rehabilitation, and restoration), the Secretary may void any agreement entered into with such department with respect to such facility before the date of the enactment of this subsection under section 129(a), 129(d), or 129(e) of title 23, United States Code. (2) NEWBURGH-BEACON BRIDGE.—Upon the request of the New New York. York State Bridge Authority with respect to the NewburghBeacon Bridge and upon such Authority entering into an agreement with the Secretary that toll revenues from operation of such bridge will be used only on facilities subject to the jurisdiction of such Authority for construction and reconstruction costs and the costs necessary for the proper operation and debt service of such bridge (including resurfacing, reconstruction, rehabilitation, and restoration), the Secretary may void any agreement entered into with such operator with respect to such bridge before the date of the enactment of this subsection under section 129(a), 129(d), or 129(e) of title 23, United States Code. (d) EXTENSION OF TOLLS TO FINANCE CERTAIN INELIGIBLE Florida. CONSTRUCTION EXPENSES.—Notwithstanding section 129(e) of title 23, United States Code, upon request of the State of Florida, the Secretary shall modify the agreement entered into with the highway department of such State under such section to permit the collection of tolls to liquidate such indebtedness as may be incurred to finance any cost associated with a feature of a project on the toll road which is subject to such agreement if such feature is a feature which the Secretary does not permit Federal participation with funds appor< tioned under section 104(b)(5)(A) of such title and which is recommended to be included as a part of the project by the final environmental impact statement with respect to such project. SEC. 121. RAILWAY-HIGHWAY CROSSINGS.

(a) IN GENERAL.—Section 130 of title 23, United States Code, is amended by adding at the end the following new subsections: "(d) SURVEY AND SCHEDULE OF PROJECTS.—Each State shall conduct and systematically maintain a survey of all highways to

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Page:United States Statutes at Large Volume 101 Part 1.djvu/190

 101 STAT. 160

PUBLIC LAW 100-17—APR. 2, 1987

identify those railroad crossings which may require separation, relocation, or protective devices, and establish and implement a schedule of projects for this purpose. At a minimum, such a schedule shall provide signs for all railway-highway crossings. "(e) FUNDS FOR PROTECTIVE DEVICES.—At least VT. of the funds authorized for and expended under this section shall be available for ^ c. • the installation of protective devices at railway-highway crossings. Sums authorized to be appropriated to carry out this section shall be available for obligation in the same manner as funds apportioned 23 USC 104. under section 104(b)(1) of this title. "(f) APPORTIONMENT.—Twenty-five percent of the funds authorized to be appropriated to carry out this section shall be apportioned to the States in the same manner as sums are apportioned under oiJvii* section 104(b)(2) of this title, 25 percent of such funds shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(6) of this title, and 50 percent of such funds shall be apportioned to the States in the ratio that total railway-highway crossings in each State bears to the total of such crossings in all States. The Federal share payable on account of any project financed with funds authorized to be appropriated to carry out this section shall be 90 percent of the cost thereof. "(g) ANNUAL REPORT.—Each State shall report to the Secretary not later than December 30 of each year on the progress being made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements. Each State report shall contain an assessment of the costs of the various treatments employed and subsequent accident experience at im/ V -« proved locations. The Secretary shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives not later than April 1 of each year, on the progress being made by the State in implementing projects to improve railway-highway crossings. The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, nature of treatment, and subsequent accident experience at improved locations. In addition, the Secretary's report shall analyze and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (d) and include recommendations for future ifc.iie 1 implementation of the railroad highway crossings program. "(h) USE OF FUNDS FOR MATCHING.—Funds authorized to be appro-

priated to carry out this section may be used to provide a local government with funds to be used on a matching basis when State funds are available which may only be spent when the local government produces matching funds for the improvement of railwayhighway crossings.". (b) CONFORMING AMENDMENT.—Section 203 of the Highway Safety

23 USC 130 note. Act of 1973 is repealed. SEC. 122. INDIAN EMPLOYMENT AND CONTRACTING.

Section 140 of title 23, United States Code, is amended by adding at the end the following: "(d) INDIAN EMPLOYMENT AND CONTRACTING.—Consistent with section 703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)), nothing in this section shall preclude the preferential employment of Indians living on or near a reservation on projects and contracts on Indian reservation roads. The Secretary shall cooperate with

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101 STAT. 161

Indian tribal governments and the States to implement this subsection.". SEC. 123. BRIDGE PROGRAM.

(a) DISCRETIONARY PROGRAM.—Section 144(g) of title 23, United States Code, is amended to read as follows: "(g) SET ASIDES.— "(1) DISCRETIONARY BRIDGE PROGRAM.—Of

31,, ',iif\

the amount authorized per fiscal year for each of fiscal years 1987, 1988, 1989, , - 1990, and 1991 by section 106(a)(5) of the Federal-Aid Highway • Act of 1987, all but $225,000,000 per fiscal year shall be apportioned as provided in subsection (e) of this section. $225,000,000 per fiscal year of the amount authorized for each of such fiscal ^^ years 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 $225,000,000 shall, subject to section 149(d) of the FederalAid Highway Act of 1987, be at the discretion of the Secretary. "(2) ELIGIBLE DISCRETIONARY PROJECTS.—Subject to section 149(d) of the Federal-Aid Highway Act of 1987, amounts made available by paragraph (1) for obligation at the discretion of the ^. Secretary may be obligated only— "(A) for a project for a highway bridge the replacement or ,„.; rehabilitation cost of which is more than $10,000,000, and "(B) for a project for a highway bridge the replacement or rehabilitation cost 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) for the fiscal year in which application is made for a grant for such bridge. "(3) OFF-SYSTEM BRIDGES.—Not less than 15 percent nor more than 35 percent of the amount apportioned to each State in each , of fiscal years 1987, 1988, 1989, 1990, and 1991, shall be ex. >- :; r ^,1 pended for projects to replace or rehabilitate highway bridges located on public roads, other than those on a Federal-aid system. The Secretary, after consultation with State and local , officials, may, with respect to such State, reduce the requirement for expenditure for bridges not on a Federal-aid system when the Secretary determines that such State has inadequate needs to justify such expenditure.". 03) APPLICABILITY OF THE GENERAL BRIDGE ACT OF 1948.— Section 144(h) of such title is amended— (1) by striking out "which are not subject to the ebb and flow of the tide, and" and inserting in lieu thereof "(1)"; and (2) by striking out the period at the end thereof and inserting Fish and fishing. in lieu thereof ", and (2) which are (a) not tidal, or (b) if tidal, Maritime used only by recreational boating, fishing, and other small ^"^^''svessels less than 21 feet in length.". (c) INVENTORIES AND REPORTS.—Section 144(i) of such title is amended to read as follows: "(i) INVENTORIES AND REPORTS.—The Secretary shall—

"(1) report to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives on projects approved under this section; "(2) annually revise the current inventories authorized by subsections (b) and (c) of this section;

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 101 STAT. 162

Post, p. 167.

PUBLIC LAW 100-17—APR. 2, 1987

"(3) report to such committees on such inventories; and "(4) report to such committees such recommendations as the Secretary may have for improvements of the program authorized by this section. Such reports shall be submitted to such committees biennially at the same time as the report required by section 307(e) of this title is submitted to Congress.". (d) BRIDGES TO REPLACE DESTROYED BRIDGES AND FERRYBOAT SERVICE.—

(1) IN GENERAL.—Section 144 of such title is amended by redesignating subsection (m), and any references thereto, as subsection (p) and by inserting after subsection (1) the following new subsection: "(m) REPLACEMENT OF DESTROYED BRIDGES AND FERRYBOAT SERVICE.— "(1) GENERAL RULE.—Notwithstanding any other provision of

23 USC 144 note.

this section or of any other provision of law, a State may utilize any of the funds provided under this section to construct any bridge which— "(A) replaces any low water crossing (regardless of the length of such low water crossing), "(B) replaces any bridge which was destroyed prior to V ^ 1965, "(C) replaces any ferry which was in existence on January 1, 1984, or "(D) replaces any road bridges rendered obsolete as a result of United States Corps of Engineers flood control or ^ channelization projects and not rebuilt with funds from the 'United States Corps of Engineers. "(2) FEDERAL SHARE.—The Federal share payable on any bridge construction carried out under paragraph (1) shall be 80 percent of the cost of such construction.". (2) APPLICABILITY.—The amendment made by subsection (a) shall apply to funds apportioned to the States under section 144 of title 23, United States Code, after September 30, 1986. (3) CONFORMING MODIFICATION OF APPORTIONMENT FORMULA.—

Subsection (e) of such section is amended by inserting after the third sentence the following new sentence: "For purposes of the ' preceding sentence, the total cost of deficient bridges in a State and in all States shall be reduced by the total cost of any '•"^ highway bridges constructed under subsection (m) in such State, relating to replacement of destroyed bridges and ferryboat services.". (e) OFF-SYSTEM BRIDGE PROGRAM.—Such section 144 is further

amended by inserting after subsection (1) the following new subsection: "(n) OFF-SYSTEM BRIDGE PROGRAM.—Notwithstanding any other provision of law, with respect to any project not on a Federal-aid system for the replacement of a bridge or rehabilitation of a bridge which is wholly funded from State and local sources, is eligible for Federal funds under this section, is noncontroversial, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge, any amount expended after the date of the enactment of this subsection from State and local sources for such project in excess of 20 percent of the cost of construction thereof may be credited to the

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 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 163

non-Federal share of the cost of the projects in such State which are eligible for Federal funds under this section. Such crediting shall be in accordance with such procedures as the Secretary may establish.", (f) HISTORIC BRIDGES.— 23 USC 144 note. (1) FINDINGS.—Congress hereby finds and declares it to be in the national interest to encourage the rehabilitation, reuse and preservation of bridges significant in American history, architecture, engineering and culture. Historic bridges are important links to our past, serve as safe and vital transportation routes in the present, and can represent significant resources for the future. (2) PROGRAM.—Such section 144 is further amended by insert- 23 USC 144. ing after subsection (1) the following new subsection: "(o) HISTORIC BRIDGE PROGRAM.—

'•

^' ^"

"(1) COORDINATION.—The Secretary shall, in cooperation with the States, implement the programs described in this section in a manner that encourages the inventory, retention, rehabilitation, adaptive reuse, and future study of historic bridges. "(2) STATE INVENTORY.—The Secretary shall require each State to complete an inventory of all bridges on and off the Federal-aid system to determine their historic significance. "(3) ELIGIBILITY.—Reasonable costs associated with actions to preserve, or reduce the impact of a project under this chapter on, the historic integrity of historic bridges shall be eligible as reimbursable project costs under this title (including this section) if the load capacity and safety features of the bridge are adequate to serve the intended use for the life of the bridge; except that in the case of a bridge which is no longer used for motorized vehicular traffic, the costs eligible as reimbursable project costs pursuant to this subsection shall not exceed the estimated cost of demolition of such bridge. "(4) PRESERVATION.—Any State which proposes to demolish a historic bridge for a replacement project with funds made available to carry out this section shall first make the bridge available for donation to a State, locality, or responsible private entity if such State, locality, or responsible entity enters into an agreement to— "(A) maintain the bridge and the features that give it its historic significance; and "(B) assume all future legal and financial responsibility for the bridge, which may include an agreement to hold the State highway agency harmless in any liability action. Costs incurred by the State to preserve the historic bridge, including funds made available to the State, locality, or private entity to enable it to accept the bridge, shall be eligible as reimbursable project costs under this chapter up to an amount not to exceed the cost of demolition. Any bridge preserved pursuant to this paragraph shall thereafter not be eligible for any other funds authorized pursuant to this title. "(5) HISTORIC BRIDGE DEFINED.—As used in this subsection, 'historic bridge' means any bridge that is listed on, or eligible for listing on, the National Register of Historic Places.". (3) STUDY.— (A) TRANSPORTATION RESEARCH BOARD.—The

a

'''

" *?; ^iH

Secretary 23 USC 144 note. shall make appropriate arrangements with the Transportation Research Board of the National Academy of Sciences

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Page:United States Statutes at Large Volume 101 Part 1.djvu/194

 101 STAT. 164

K.

t. M ">•-

Idaho. Gifts and property.

PUBLIC LAW 100-17—APR. 2, 1987

to carry out a study on the effects of the bridge program conducted under section 144 of title 23, United States Code, on the preservation and rehabilitation of historic bridges. The Transportation Research Board shall also develop recommendations of specific standards which shall apply only to the rehabilitation of historic bridges, and shall provide an analysis of any other factors which would serve to enhance the rehabilitation of historic bridges. -"•S (B) REPORT.—Not later than 1 year after entering into appropriate arrangements under subparagraph (A), the Transportation Research Board shall submit to the Secretary and the Committee on Environment and Public ,. ^ Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a report on the results of the study conducted under subparaK*r,v -u graph (A) and on the recommendations developed pursuant to subparagraph (A), (g) STATE MATCHING SHARE.—The State or local governmental matching share for the Calder bridge project being constructed under title 23, United States Code, across the Saint Joe River, 19 miles east of Saint Maries, Idaho, including approaches— (1) may be credited by the fair market value of land incorporated into the project if the land is in addition to existing public right-of-way and is donated to the State or local government; (2) may be credited by the fair market value of construction on the project performed by or donated to the State or local government; and (3) may be credited by the fair market value of preliminary engineering and the preparation of an environmental impact /^,j statement performed by or donated to the State or local government; before, on, or after the date of the enactment of this Act. (h) DISCRETIONARY BRIDGE CRITERIA.—Section 161 of the Highway

Rhode Island.

Improvement Act of 1982 (23 U.S.C. 144 note) is amended by inserting before the period at the end of the second sentence ", including a bridge replacement of which was partially funded under the Supplemental Appropriations Act, 1983 (97 Stat. 341)". (i) JAMESTOWN BRIDGE.—Federal-aid highway funds may be expended on the Jamestown Bridge project connecting the mainland of Rhode Island with the Island of Jamestown only— (1) if the bridge meets all requirements and standards of title 23, United States Code, and any other applicable Federal law; and (2) if the railing of the bridge— (A) is designed to provide motorists with a view of the surrounding natural areas comparable to the view provided , by the Newport Bridge in Rhode Island; and r^i (B) has been proven to be crash worthy through full scale testing in accordance with currently accepted test criteria. SEC. 124. MINIMUM ALLOCATION. (a) PLANNING AS A FUNDABLE ITEM; TREATMENT OF WITHHELD

.'Xton t-Sii 0 3 U fIS

APPORTIONMENTS.—Section 157 of title 23, United States Code, is amended by redesignating subsection (c), and any references thereto, as subsection (e) and by inserting after subsection (b) the following new subsections:

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 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 165

"(c) LIMITATION ON PLANNING EXPENDITURES.—One-half of 1 per-

cent of amounts allocated to each State under this section in any fiscal year may be available for expenditure for the purpose of carrying out the requirements of section 134 of this title (relating to transportation planning). iy2 percent of the amounts allocated to each State under this section in any fiscal year may be available for expenditure for the purpose of carrying out activities referred to in subsection (c) of section 307 of this title (relating to transportation planning and research). "(d) TREATMENT OF WITHHELD APPORTIONMENTS.—For purposes of subsection (a), any funds which, but for section 154(f) or 158(a) of this title or any other provision of law under which Federal-aid highway funds are withheld from apportionment, would be apportioned to a State in a fiscal year under a section referred to in subsection (a) shall be treated as being apportioned in such year.".

. n-i

23 USC 134

r?,r ^.r^

(b) PROGRAM FOR FISCAL YEARS 1987 AND THEREAFTER.—Section

157(a) of title 23, United States Code, is amended by inserting "(1) FISCAL YEARS 1984-1987.—" before "In the fiscal year and by adding at the end thereof the following new paragraphs: "(2) FISCAL YEARS 1987 AND 1988.—In fiscal years 1987 and 1988, on October 1, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to 'i' ensure that a State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year for Federal-aid highway programs (except allocations for emergency relief in accordance with section 125 of this title, the Interstate construction discretionary program in accordance with section 118(b)(2) of this title, forest highways, Indian reservation roads, and parkways and park roads in accordance with section 202 of this title, highway related safety grants authorized by section 402 of this title, nonconstruction safety grants authorized by sections 402, 406, and 408 of this title, and Bureau of Motor Carrier Safety Grants authorized by section 404 of the Surface Transportation Assistance Act of 1982) shall payments attributable to highway users in the State paid into the Highway Trust Fund, other than the Mass Transit Account, ,,/j in the latest fiscal year for which data are available. ,,,,; CS'tjlB.-
 * j^. not be less than 85 percent of the percentage of estimated tax

f^ia.

"(3) THEREAFTER.— "(A) GENERAL RULE.—In

fiscal year 1989 and each fiscal year thereafter, on October 1, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year for Federal-aid highway programs (except allocations for forest highways, Indian reservation roads, and parkways and park roads in accordance with section 202 of this title, highway related safety grants authorized by section 402 of this title, nonconstruction safety grants authorized by sections 402, 406, and 408 of this title, and Bureau of Motor Carrier Safety Grants authorized by section 404 of the Surface Transportation Assistance Act of 1982) shall not be less than 85 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund, other than the Mass Transit Account, in the latest fiscal year for which data are available.

Grants. Taxes.

49 USC app. 2304.

Grants. Taxes.

49 USC app. 2304.

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 101 STAT. 166

PUBLIC LAW 100-17—APR. 2, 1987

 * ott

.ft >t f

California.

23 USC 157.

"(B) EXCEPTION FOR FISCAL YEAR 1989.—Notwithstanding subparagraph (A), the amount allocated to the State of California under this paragraph in fiscal year 1989 shall be the amount which would be allocated to such State under this subsection if paragraph (2) were in effect for such fiscal year.". (d) AUTHORIZATION OF APPROPRIATIONS.—Subsection (e) of such section 157, as redesignated by subsection (a) of this section, is amended by striking out "September 30, 1983, September 30, 1984, September 30, 1985, and September 30, 1986" and inserting in lieu thereof "on or after September 30, 1983". (e) CONFORMING AMENDMENTS.—Subsection (a) of such section 157 is amended— (1) by indenting and aligning paragraph (1), as designated by ,^ subsection (b) of this section, with paragraphs (2) and (3), as added by such subsection (b); and (2) by inserting "GENERAL RULES.—" after "(a)". SEC. 125. NATIONAL BRIDGE INSPECTION PROGRAM.

23 USC 101 et seq. 23 USC 151.

(a) IN GENERAL.—Chapter 1 of title 23, United States Code, is amended by striking out section 151 (relating to pavement marking demonstration program) and inserting in lieu thereof the following: "§151. National bridge inspection program "(a) NATIONAL BRIDGE INSPECTION STANDARDS.—The Secretary, in consultation with the State highway departments and interested and knowledgeable private organizations and individuals, shall establish national bridge inspection standards for the proper safety inspection and evaluation of all highway bridges. "(b) MINIMUM REQUIREMENTS OF INSPECTION STANDARDS.—The

UiV

Reports.

standards established under subsection (a) shall, at a minimum— "(1) specify, in detail, the method by which such inspections shall be carried out by the States; "(2) establish the maximum time period between inspections; \ "(3) establish the qualification for those charged with carrying out the inspections; "(4) require each State to maintain and make available to the Secretary upon request— ^ "(A) written reports on the results of highway bridge inspections together with notations of any action taken pursuant to the findings of such inspections; and ^ "(B) current inventory data for all highway bridges y. reflecting the findings of the most recent highway bridge 'f inspections conducted; and "(5) establish a procedure for national certification of highway bridge inspectors. "(c) TRAINING PROGRAM FOR BRIDGE INSPECTORS.—The Secretary, in cooperation with the State highway departments, shall establish a program designed to train appropriate governmental employees to carry out highway bridge inspections. Such training program shall be revised from time to time to take into account new and improved techniques. "(d) AVAILABILITY OF FUNDS.—To carry out this section, the Secretary may use funds made available pursuant to the provisions of section 104(a), section 307(a), and section 144 of this title.".

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101 STAT. 167

(b) CONFORMING AMENDMENTS.—(1) The analysis for chapter 1 of

such title is amended by striking out the item relating to section 151 and inserting in lieu thereof the following: "151. National bridge inspection program.".

(2) Section 116 of such title (relating to highway maintenance) is amended by striking out subsections (d) and (e). SEC. 126. INCOME FROM AIRSPACE RIGHTS-OF-WAY.

(a) REQUIREMENT.—Chapter 1 of title 23, United States Code, is amended by striking out section 156 (relating to highways crossing Federal projects) and inserting in lieu thereof the following:

23 USC 101 et seq.

23 USC 156. "§ 156. Income from airspace rights-of-way "States shall charge, as a minimum, fair market value, with exceptions granted at the discretion of the Secretary for social, environmental, and economic mitigation purposes, for the sale, use, lease, or lease renewals (other than for utility use and occupancy or for transportation projects eligible for assistance under this title) of right-of-way airspace acquired as a result of a project funded in whole or in part with Federal assistance made available from the Highway Trust Fund (other than the Mass Transit Account). This section applies to new airspace usage proposals, renewals of prior agreements, arrangements, or leases entered into by the State after the date of the enactment of the Federal-Aid Highway Act of 1987. The Federal share of net income from the revenues obtained by the State for sales, uses, or leases (including lease renewals) under this section shall be used by the State for projects eligible under this title.". (b) CONFORMING AMENDMENT.—The analysis for such chapter is dO amended by striking out the item relating to section 156 and inserting in lieu thereof the following: "156. Income from airspace rights-of-way.". SEC. 127. FUNDING FOR BICYCLE PROJECTS.

The second sentence of section 217(b)(1) of title 23, United States Code, is amended by inserting "and sums apportioned or allocated for highway substitute projects in accordance with section 103(e)(4) of this title'^' after "title'\ SEC. 128. STRATEGIC HIGHWAY RESEARCH PROGRAM.

Section 307 of title 23, United States Code (relating to research and planning), is amended by redesignating subsections (d) and (e) (and any references thereto) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: "(d) STRATEGIC HIGHWAY RESEARCH PROGRAM.—

"(1) ESTABLISHMENT.—The Secretary, in consultation with the American Association of State Highway and Transportation Officials, shall carry out such research, development, and technology transfer activities as the Secretary determines to be strategically important to the national highway transportation system. "(2) COOPERATIVE AGREEMENTS.—The Secretary may make grants to, and enter into cooperative agreements with, the American Association of State Highway and Transportation Officials and the National Academy of Sciences to carry out such activities under this subsection as the Secretary deter-

Science and technology.

Grants.

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text: All Quiet along the Potomac and other poems/Worldly Wisdom


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/198

 101 STAT. 168

PUBLIC LAW 100-17—APR. 2, 1987

mines are appropriate. Advance payments may be made as !• necessary to carry out the program under this subsection. "(3) PERIOD OF AVAILABILITY.—Funds set aside to carry out this subsection shall remain available for the fiscal year in which such funds are made available and the three succeeding • fiscal years. Bridges. "(4) SET ASIDE.—As soon as practicable after the date of the enactment of the Federal-Aid Highway Act of 1987 in fiscal year 1987 and on October 1 of each of fiscal years 1988, 1989, 1990, ' and 1991, the Secretary shall set aside to carry out this subsec" -; '^ tion not to exceed V of 1 percent of the funds authorized to be 4 •^^'' appropriated for such fiscal year for the Federal-aid systems, for a. 38'J a highway assistance programs under section 103(e)(4) of this title, for bridge replacement and rehabilitation under section 144 of this title, for elimination of hazards under section 152 of this S- title, and for elimination of hazards of railway-highway cross* ings under section 130 of this title. In the case of funds au?' thorized for apportionment on the Interstate System, the Sec^' retary shall set aside that portion of such funds (subject to the •' overall limitation of VA of 1 percent) in the year next preceding the fiscal year for which such funds are authorized for such ai System. ' "(5) ANNUAL REPORT.—The Secretary shall transmit a report
 * annually beginning on January 1, 1988, to the Committee on

' Environment and Public Works of the Senate and the Commit-'" tee on Public Works and Transportation of the House of Rep^; resentatives which provides information on the progress and '-'•' research findings the program conducted under this subsection. "(6) LIMITATION OF REMEDIES.—

Claims.

~
 * >i.

p^ f U;

1'' > ru •f y.;?• '^, ' '• i< ^"""•' ' Claims. ?' 9"; no ' J ruiB-iO;.' •i'j A>• "j-t- '»

"(A) SAME REMEDY AS IF UNITED STATES.—The remedy against the United States provided by sections, 134603) and 2672 of title 28, United States Code, for injury, loss of property, personal injury, or death shall apply to any claim against the National Academy of Sciences for money damages for injury, loss of property, personal injury, or death caused by any negligent or wrongful act or omission arising from activities conducted under or in connection with this subsection. Any such claim shall be subject to the limitations and exceptions which would be applicable to such claim if such claim were against the United States. With respect to any such claim, the Secretary shall be treated as the head of the appropriate Federal agency for purposes of sections 2672 and 2675 of such title. "(B) ExcLUSiVENESS OF REMEDY.—The remedy referred to in subparagraph (A) shall be exclusive of any other civil action or proceeding for the purpose of determining liability arising from any such act or omission without regard to when the act or omission occurred. "(C) TREATMENT.—Employees of the National Academy of Sciences and other individuals appointed by the President of the National Academy of Sciences and acting on its behalf in connection with activities carried out under this subsection shall be treated as if they are employees of the Federal Government under section 2671 of title 28, United States Code, for purposes of a civil action or proceeding with respect to a claim described in subparagraph (A); and the civil action or proceeding shall proceed in the same

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Page:United States Statutes at Large Volume 101 Part 1.djvu/199

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 169

manner as any proceeding under chapter 171 of such title, ii::'ja:. or any proceeding under chapter 171 of such title or action against the United States filed pursuant to section 1346(b) of such title, and shall be subject to the limitations and exceptions applicable to such a proceeding or action. "(D) REMOVAL.—Upon certification by the Attorney General that a civil action or proceeding with respect to a claim described in subparagraph (A) is being brought in a State court, such civil action or proceeding shall be removed from "'•• the State court without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place wherein it ' •- ' is pending and the proceeding shall be deemed a tort action brought against the United States under the provisions of • title 28, United States Code. For purposes of removal, the '• certification of the Attorney General under this subparagraph shall be conclusive. " < ^ "(E) SOURCES OF PAYMENTS.—Payment of any award, compromise, or settlement of a civil action or proceeding with respect to a claim described in subparagraph (A) shall be paid first out of insurance maintained by the National Academy of Sciences, second from funds made available to r'5 carry out this subsection, and then from sums made available under section 1304 of title 31, United States Code. For purposes of such section, such an award, compromise, or settlement shall be deemed to be a judgment, award, or settlement payable under section 2414 or 2672 of title 28, United States Code. The Secretary may establish a reserve of funds made available to carry out this subsection for making payments under this paragraph.".

28 USC 2671 et s«9

Claims.

Claims.

^" '"''

SEC. 129. HIGHWAY PLANNING AND RESEARCH.

Section 307(c)(1) of title 23, United States Code, is amended by inserting after "section 104 of this title" the following: "and for highway projects under section 103(e)(4)". SEC. 130. WILDFLOWERS.

Section 319 of title 23, United States Code, is amended by inserting "(a) LANDSCAPE AND ROADSIDE DEVELOPMENT.—" before "The Secretary" and by adding at the end thereof the following new subsection: "(b) PLANTING OF WILDFLOWERS.— "(1) GENERAL RULE.—The Secretary

t t

shall require the planting of native wildflower seeds or seedlings, or both, as part of any landscaping project under this section. At least V* of 1 percent of the funds expended for such landscaping project shall be used for such plantings. "(2) WAIVER.—The requirements of this subsection may be Agriculture and waived by the Secretary if a State certifies that native agricultural wildflowers or seedlings cannot be grown satisfactorily or commodities. planting areas are limited or otherwise used for agricultural purposes. ^?IJ "i "(3) GIFTS.—Nothing in this subsection shall be construed to prohibit the acceptance of native wildflower seeds or seedlings donated by civic organizations or other organizations and individuals to be used in landscaping projects.".

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Page:United States Statutes at Large Volume 101 Part 1.djvu/200

 101 STAT. 170 Education.

PUBLIC LAW 100-17—APR. 2, 1987

SEC. 131. NATIONAL HIGHWAY INSTITUTE.

Subsections (b) and (c) of section 321 of title 23, United States Code, are amended to read as follows: "(b) SET ASIDE.—Not to exceed Vi of 1 percent of all funds apportioned to a State under sections 104(b)(1) and 104(b)(5) of this title shall be available for expenditure by the State highway department, subject to approval by the Secretary, for payment of not to exceed 75 percent of the cost of tuition and direct educational expenses (but not travel, subsistence, or salaries) in connection with the education and training of State and local highway department employees as provided in this section. "(c) FEDERAL RESPONSIBILITY.—Education and training of Federal,

Grants. Contracts.

State, and local highway employees authorized by this section shall be provided— "(1) by the Secretary at no cost to the States and local governments for those subject areas which are a Federal program responsibility; or "(2) in any case where such education and training are to be paid for under subsection (b) of this section, by the State, subject to the approval of the Secretary, through grants and contracts with public and private agencies, institutions, individuals, and the Institute.". SEC. 132. PROHIBITION AGAINST DISCLOSURE AND ADMISSION AS EVIDENCE OF STATE REPORTS AND SURVEYS.

23 USC 401 et seq. 23 USC 409.

(a) IN GENERAL.—Chapter 4 of title 23, United States Code, is amended by adding at the end the following new section: "§ 409. Admission as evidence of certain reports and surveys "Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled for the purpose of identifying evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 152 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be admitted into evidence in Federal or State court or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data.". (b) CONFORMING AMENDMENT.—The analysis for chapter 4 of such title is amended by adding at the end the following: "409. Admission as evidence of certain reports and surveys.". SEC. 133. HIGHWAY TECHNICAL AMENDMENTS. (a) SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982.—(1) The

third sentence of section 108(d) of the Surface Transportation Assist23 USC 104 note, ance Act of 1982 is amended by striking out "this title," and inserting in lieu thereof "title 23, United States Code,". (2) The second section 126 of such Act (relating to bicycle transpor23 USC 217. tation) is amended by striking out "SEC. 126." and inserting in lieu thereof "SEC. 126A.". 23 USC 127. (3) Section 133 of such Act is amended by striking out "(a)" the first place it appears. Motor vehicles. (4) The first sentence of section 163 of such Act is amended to read 23 USC 146 note, as follows: "Notwithstanding any other provision of this Act or any

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Page:United States Statutes at Large Volume 101 Part 1.djvu/201

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 171

other law, no funds apportioned or allocated to a State for Federalf, aid highways shall be obligated for a project for constructing, resurfacing, restoring, rehabilitating, or reconstructing a Federal-aid highway which has a lane designated as a carpool lane unless the use of such lane includes use by motorcycles.". (5) The second sentence of section 163 of such Act is amended by 23 USC 146 note, striking out the comma and inserting in lieu thereof "and acceptance of such certification by the Secretary,". (6) Section 165(b) of such Act is amended by inserting "or" after 23 USC lOl note, the semicolon at the end of clause (3). (7) Section 411(d) of such Act (relating to length limitations) is 49 USC app. amended by inserting "and boat" after "automobile", 2311. (b) TITLE 23.—(1) The analysis for chapter 1 of title 23, United States Code, is amended— (A) in the item relating to section 127 by striking out "and width", and (B) by striking out the item relating to section 146 and inserting in lieu thereof: "146. Carpool and vanpool projects.".

(2) The fifth undesignated paragraph of section 101(a) of such title is amended by striking out "forest or trail" and inserting in lieu thereof "forest road or trail". (3) Section 101(a) of such title is amended by striking out the thirteenth undesignated paragraph (relating to the definition of "park road") and inserting in lieu thereof the following: "The term 'park road' means a public road that is located within, or provides access to, an area in the national park system with title and maintenance responsibilities vested in the United States.". (4) Section 106(c) of such title is amended by striking out "10 per centum" and inserting in lieu thereof "15 percent" and by striking out the second sentence. (5) Section 113 of such title is amended by striking out "August 30, 1935" and inserting in lieu thereof "March 3, 1931 and by striking out "267a" and inserting in lieu thereof "276a". (6) Section 121(d) of such title is amended by striking out "10 per centum" and inserting in lieu thereof "15 percent" and by striking out the third sentence. (7) The first sentence of section 122 of such title is amended by inserting "or for substitute highway projects approved under section 103(e)(4) of this title" before "and the retirement". (8) Section 123(a) of such title is amended by striking out "the Federal-aid primary or secondary" and all that follows through "urban areas," and inserting in lieu thereof "any Federal-aid system,". (9)(A) Subsection (b) of section 125 of such title is amended by striking out "the Interstate System, the Primary System, and on any routes functionally classified as arterials or major collectors" each place it appears and inserting in lieu thereof "the Federal-aid highway systems, including the Interstate System". (B) Subsection (c) of such section is amended by striking out "routes functionally classified as arterials or major collectors ' and inserting in lieu thereof "on any of the Federal-aid highway systems'. (10) The third sentence of section 138 of such title is amended by inserting before "which requires" the following: "(other than any project for a park road or parkway under section 24 of this title).

'

•.r^m"''% ' r \ t >•%•

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Page:United States Statutes at Large Volume 101 Part 1.djvu/202

 101 STAT. 172 23 USC 144.

,a ov i??IJ 1 ^

i^on,:<H JgTT £

American Samoa. Northern Mariana Islands.

American Samoa. Northern Mariana Islands.

American Samoa. Northern Mariana Islands.

33 USC 1414.

49 USC app. 2716. 23 USC 130 note.

PUBLIC LAW 100-17—APR. 2, 1987

(11) Section 144(e) of such title is amended by adding at the end thereof the following: "Funds apportioned under this section shall be available for expenditure for the same period as funds apportioned for projects on the Federal-aid primary system under this title. Any funds not obligated at the expiration of such period shall be reapportioned by the Secretary to the other States in accordance with this subsection.". (12) Section 152(g) of such title is amended by striking out "the Congress" and inserting in lieu thereof "the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives". (13) The second sentence of section 204(b) of such title is amended by inserting "the Secretary or" before "the Secretary of the Interior". (14) Section 204(e) of such title is amended by striking out "of 1975". (15) Section 210(g) of such title is amended by striking out "Commerce" and inserting in lieu thereof "Transportation", (16) The first sentence of section 215(a) of such title is amended by striking out "and American Samoa" and inserting in lieu thereof "American Samoa, and the Commonwealth of the Northern Mariana Islands". (17) Section 307(f) of such title, as redesignated by section 128 of this Act, is amended by striking out "the Congress" and inserting in lieu thereof "the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives". (18) Section 315 of such title is amended by striking out "204(d), 205(a), 207(b), and 208(c)" and inserting in lieu thereof "204(f) and 205(a)". (19) Section 401 of such title is amended by striking out "and American Samoa." and inserting in lieu thereof "American Samoa, and the Commonwealth of the Northern Mariana Islands.". (20) Section 402(c) of such title is amended— (A) by striking out "For the fiscal years ending June 30, 1967, '• June 30, 1968, and June 30, 1969, such funds shall be appor^ tioned 75 per centum on the basis of population and 25 per centum as the Secretary in his administrative discretion may " deem appropriate and thereafter such" and inserting in lieu ^ thereof "Such"; (B) by striking out "and American Samoa" and inserting in ' lieu thereof "American Samoa, and the Commonwealth of the Northern Mariana Islands"; and (C) by striking out "After December 31, 1969, the" and inserting in lieu thereof "The". ^ (c) MISCELLANEOUS.—(1) Section 104(i)(4)(D) of the Marine Protection, Research, and Sanctuaries Act of 1972, as added by section 424 of the Surface Transportation Assistance Act of 1982, is amended by inserting "to " after "grant a permit". (2) Section 12019(5) of the Commercial Motor Vehicle Safety Act of 1986 is amended— (A) by striking out "and"; and (B) by inserting "or" before "semitrailer operated". (3) Section 163(o) of the Federal-Aid Highway Act of 1973 is amended to read as follows: "(o) REPORTS.—The Secretary of Transportation shall make biennial reports and a final report to the President, the Committee on

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Page:United States Statutes at Large Volume 101 Part 1.djvu/203

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 173

Environment and Public Works of the Senate, and the Committee on Public Works and Transportation of the House of Representatives with respect to activities pursuant to this section.". (4) Section 123(c) of the Federal-Aid Highway Act of 1978 is amended by striking "Congress" and inserting in lieu thereof "the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives". (d) PARK ROADS.—Section 303(c) of title 49, United States Code, is amended by inserting before "requiring the use" the following: "(other than any project for a park road or parkway under section 204 of title 23)".

23 USC 141 note.

(e) REPEAL OF OUTDATED PROVISIONS.—

(1) TITLE 23.—The following sections of title 23, United States Code, and the items in the analysis for chapters 2 and 3 of such J. title relating to such sections are repealed: 211 (relating to 23 USC 201 et timber access road hearings), 213 (relating to Rama Road), 219 seq, 301 et seq. (relating to safer off-system roads), and 322 (relating to dem, onstration project—rail crossings). (2) OTHER HIGHWAY LAWS.—Section 119 of the Federal-Aid Highway Amendments of 1974 (relating to bikeway demonstration program) and section 141 of the Federal-Aid Highway Act 23 USC 217 note. 23 USC 217 note. of 1978 (relating to bicycle program) are repealed. if) ALTERNATIVE ROUTE.—The authorization of that portion of the Alabama. Interstate System in Mobile County, Alabama, designated as 1-210, connecting 1-65 and I-IO in the vicinity of Prichard-Mobile, Alabama, authorized by the Department of Transportation and Related Agencies Appropriation Act, 1981, shall include, as an alternative, 94 Stat. 1681. authorization to construct an interstate spur commencing at 1-65 in the area of Prichard, Alabama, and terminating in the vicinity of downtown Mobile, Alabama. The total mileage of such spur shall not exceed 6.25 miles. In no case shall the eligible cost of construction of the spur exceed the eligible cost of the originally authorized route if it had been constructed. SEC. 134. FOREST HIGHWAYS.

Notwithstanding section 202(a) of title 23, United States Code, the Secretary shall, after making the transfer provided by section 204(g) of such title, as soon as practicable after the date of the enactment of this Act in fiscal year 1987 and on October 1 of each of fiscal years 1988, 1989, and 1990, allocate 66 percent of the remainder of the authorization for forest highways provided for such fiscal year by this Act in the same percentage as the amounts allocated for expenditure in each State and the Commonwealth of Puerto Rico from funds authorized for forest highways for the fiscal year ending June 30, 1958, adjusted (1) to eliminate the 0.003243547 percent for the State of Iowa to the State by deed executed May 26, 1964, and (2) to redistribute the percentage formerly apportioned to the State of Iowa to other participating States on a proportional basis. The remaining funds authorized to be appropriated for forest highways for such fiscal year shall be allocated pursuant to section 202(a) of such title. SEC. 135. REGULATION OF TOLLS.

(a) Section 4 of the Act of March 23, 1906 (34 Stat. 85; 33 U.S.C. 494), commonly known as the "Bridge Act of 1906", is amended by striking out the last sentence.

Puerto Rico. Iowa. 23 USC 202 note.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/204

 101 STAT. 174

PUBLIC LAW 100-17—APR. 2, 1987

(b) Section 17 of the Act of June 10, 1930 (46 Stat. 552; 33 U.S.C. 498a), is repealed. (c) The Act entitled "An Act to provide for the regulations of tolls over certain bridges", approved June 27, 1930 (46 Stat. 821; 33 U.S.C. 498b), is repealed. (d) Sections 1 through 5 of the Act of August 21, 1935 (49 Stat. 670; 33 U.S.C. 503-507) are repealed. (e) Sections 503 and 506 of the General Bridge Act of 1946 (60 Stat. 847, 848; 33 U.S.C. 526, 529) are repealed. if) Section 133 of Public Law 93-87 (87 Stat. 267; 33 U.S.C. 526a) is repealed. (g) Section 6 of the International Bridge Act of 1972 (86 Stat. 732; 33 U.S.C. 535d) is repealed. (h) Section 6(g)(4) of the Department of Transportation Act (80 Stat. 937; 49 U.S.C. App. 1655(g)(4)) is repealed. (i) Tolls for passage or transit over any bridge constructed under 33 USC 508. the authority of the Act of March 23, 1906 (34 Stat. 84; 33 U.S.C. 491-498), commonly known as the "Bridge Act of 1906", the General 33 USC 525 note, Bridge Act of 1946, and the International Bridge Act of 1972 shall 535 note. be just and reasonable. 23 USC 104 note.

SEC. 136. IMPLEMENTATION OF CERTAIN ORDERS.

Loans.

In implementing any order issued by the President which provides for or requires a percentage reduction in new budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, spending authority, or obligation limitations for the Federal-aid highway, mass transit and highway safety programs and with respect to which the budget account activity as identified in the program and financing schedule contained in the Appendix to the Budget of the United States Government for such programs includes more than one specific highway, mass transit, or highway safety program or project for which budget authority is provided by this Act or an amendment made by this Act, the Secretary shall apply the percentage reduction equally to each such specific program or project.

,

•|iS; ^ i;.

23 USC 103 note.

Urban areas.

SEC. 137. COMBINED ROAD PLAN DEMONSTRATION PROGRAM.

(a) PROGRAM.—The Secretary, in cooperation with up to 5 States, shall conduct a combined road plan demonstration to test the feasibility of approaches for combining, streamlining, and increasing the flexibility in the administration of the Federal-aid secondary program. Federal-aid urban program, and the off-system bridge, urban bridge, and secondary bridge programs. The demonstration shall place as much responsibility as feasible with State and local governments. Notwithstanding any provision of title 23, United States Code, the Secretary may— (1) grant design exceptions and permit construction without final inspection; and ^ ^ (2) permit the use of Federal-aid secondary. Federal-aid '^ urban, and bridge funds for Federal-aid secondary projects, Federal-aid urban projects, and bridge projects on the secondary and urban systems and off-system bridge projects. (b) REPORT.—The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the (Committee on Public Works and Transportation of the House of Representatives—

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Page:United States Statutes at Large Volume 101 Part 1.djvu/205

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 175

(1) an interim report on the program being carried out under this section within 3 years after the date of the enactment of this Act; and (2) a final report evaluating the effectiveness of the demonstration program and making needed recommendations as soon as practicable after completion of the demonstration under this section. SEC. 138. PROJECT ELIGIBILITY.

Section 108(b) of the Federal-Aid Highway Act of 1956 is amended 23 USC 101 note. by adding at the end thereof the following: "Notwithstanding the fifth sentence of this subsection, the costs of a project which will upgrade an interstate route and will complete a gap on the Interstate System providing access to an international airport and which was described as the preferred alternative in a final environmental impact statement submitted to the Secretary of Transportation on September 30, 1983, shall be eligible for funds authorized by this subsection as if such costs were included in the 1981 interstate cost estimate and shall be included as eligible costs in any future interstate cost estimate, except that (1) such costs may be further developed in the design and environmental process under normal Federal-aid interstate procedures, and (2) the amount of such costs shall not include the portion of the project between High Street and Causeway Street.". SEC. 139. ELIGIBILITY OF PARK AND RIDE FACILITIES. (a) EuGiBiLiTY FOR INTERSTATE CONSTRUCTION FuNDS.—Notwith- Florida. standing any other provision of law, policy, and regulation and any Contracts. interpretation thereof, construction in the vicinity of Fort Lauderdale, Florida, of 4 park and ride facilities and direct access connectors between such facilities and high occupancy vehicle lanes being constructed on a north-south interstate route which connects Miami and Jacksonville, Florida, shall be eligible for funds (not to exceed $84,000,000) authorized under section 108(b) of the Federal-Aid Highway Act of 1956 and is included as an eligible project in the 1985 Ante, p. 142. interstate cost estimate, and the cost of such construction not to exceed $84,000,000 shall be included in any future interstate cost estimate. The Secretary shall enter into project agreements consistent with the provisions of title 23 of the United States Code for construction of such facilities and connectors. (b) SIZE OF FACILITIES.—The size of each park and ride facility constructed pursuant to subsection (a) shall be sufficient to accommodate commuter demand anticipated 20 years after the date on which construction of such facility is approved. (c) ELIGIBILITY FOR 4 R FUNDING.—Notwithstanding any other Florida. provision of law, if construction of the facilities and direct access connectors described in subsection (a) costs more than $84,000,000, the State of Florida may use funds apportioned to it under section 104(b)(5)(B) of title 23, United States Code, to complete construction of such facilities and connectors. SEC. 140. PLANNING, DESIGN, AND CONSTRUCTION.

Notwithstanding any other provision of law, the State of Arkansas Arkansas. may use funds apportioned to it under section 104(b)(5)(A) of title 23, Missouri. United States Code, for the planning, design, and construction from Urban areas. Interstate Route 1-40 to the boundary between Arkansas and Mis-

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Page:United States Statutes at Large Volume 101 Part 1.djvu/206

 101 STAT. 176

PUBLIC LAW 100-17—APR. 2, 1987

souri of a 2-lane north-south highway which is on the Federal-aid primary system in Arkansas and passes through an urbanized area. SEC. 141. TRANSFER OF INTERSTATE LANES. (a) ELIGIBILITY OF INTERSTATE LANE PROJECT.—Any prqiect to

Ante, pp. 142, 175. California.

construct eligible interstate lanes, as defined in subsection (D, shall be eligible for funds authorized under section 108(b) of the FederalAid Highway Act of 1956 and shall be included as an eligible project in any future interstate cost estimate unless the costs of such project are made not eligible for such funds by subsection (c). (b) APPROVAL OF SUBSTITUTE TRANSIT PROJECT.—Notwithstanding

any other provision of law, upon the joint request of the Governor of the State of California and the local governments concerned, the Secretary may approve a substitute transit project for construction of a fixed guideway system in lieu of construction of any eligible interstate lanes if such substitute project is in or adjacent to the proposed right-of-way for such lanes. (c) ELIGIBILITY FOR FEDERAL ASSISTANCE.—Upon approval of any

Contracts.

substitute transit project under subsection (b), the costs of construction of the eligible interstate lanes for which such project is substituted shall not be eligible for funds authorized under section 108(b) of the Federal-Aid Highway Act of 1956 and a sum equal to the Federal share of such costs, as included in the latest interstate cost estimate approved by Congress, shall be available to the Secretary to incur obligations under section 103(e)(4) of title 23, United States Code, for the Federal share of the costs of such substitute project. (d) LIMITATION ON ELIGIBILITY.—By September 30, 1989, any substitute transit project approved under subsection (b) (for which the Secretary finds that sufficient Federal funds are available) must be under contract for construction or construction must have commenced. If any such substitute transit project is not under contract for construction or construction has not commenced by such date, then immediately after such date, the Secretary shall withdraw approval of such project and no funds shall be appropriated under the authority of section 103(e)(4) of title 23, United States Code, for any such project. (e) ADMINISTRATIVE PROVISIONS.— (1) STATUS OF SUBSTITUTE PROJECT.—A substitute

transit project approved under subsection (b) shall be deemed to be a ^,. substitute transit project for purposes of section 103(e)(4) of title 23, United States Code (other than subparagraphs (C) and (O)). California.

California.

(2)

REDUCTION

OF UNOBLIGATED

INTERSTATE

APPORTION-

MENTS.—Unobligated apportionments for the Interstate System _. in the State of California shall, on the date of approval of a ' substitute transit project under subsection (b), be reduced in the proportion that the Federal share of the costs of the construction of the eligible interstate lanes for which such project is substituted bears to the Federal share of the total cost of all interstate routes in such State as reflected in the latest cost estimate approved by Congress. (3) ADMINISTRATION THROUGH FHWA.—The Secretary shall administer this section through the Federal Highway Administration. if) ELIGIBLE INTERSTATE LANES DEFINED.—For purposes of this section, the term "eligible interstate lanes' means any high occupancy vehicle lanes and other lanes—

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