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Jason’s Law Hr2156 S971 Defined

Below you will find Jason’s Law, and the broke down version of what each United States Code means that is mentions.

H.R.2156 — Jason’s Law (Introduced in House – IH)
HR 2156 IH

111th CONGRESS

1st Session

H. R. 2156To implement a pilot program to establish truck parking facilities.

IN THE HOUSE OF REPRESENTATIVES

April 28, 2009

Mr. TONKO (for himself, Mr. ARCURI, Mr. SCHAUER, Mr. TEAGUE, Mr. PERRIELLO, Ms. MARKEY of Colorado, Ms. TITUS, Mr. HALL of New York, and Mr. NADLER of New York) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure


A BILLTo implement a pilot program to establish truck parking facilities.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Jason’s Law’.

SEC. 2. TRUCK PARKING FACILITIES.

    (a) Establishment- In cooperation with appropriate State, regional, and local governments, the Secretary of Transportation shall implement a pilot program to address the shortage of long-term parking for commercial motor vehicles on the National Highway System.
    (b) Allocation of Funds-
    • (1) IN GENERAL- The Secretary of Transportation shall allocate funds made available to carry out this section among States, metropolitan planning organizations, and local governments.
    • (2) APPLICATIONS- To be eligible for an allocation under this section, a State (as defined in section 101(a) of title 23, United States Code), metropolitan planning organization, or local government shall submit to the Secretary an application at such time and containing such information as the Secretary may require.
    • (3) ELIGIBLE PROJECTS- Funds allocated under this subsection shall be used by the recipient for projects described in an application approved by the Secretary. Such projects shall serve the National Highway System and may include the following:
      • (A) Constructing safety rest areas (as defined in section 120(c) of title 23, United States Code) that include parking for commercial motor vehicles.
      • (B) Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas.
      • (C) Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities.
      • (D) Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means.
      • (E) Constructing turnouts along the National Highway System for commercial motor vehicles.
      • (F) Making capital improvements to public commercial motor vehicle parking facilities currently closed on a seasonal basis.
      • (G) Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities.
    • (4) PRIORITY- In allocating funds made available to carry out this section, the Secretary shall give priority to applicants that–
      • (A) demonstrate a severe shortage of commercial motor vehicle parking capacity in the corridor to be addressed;
      • (B) have consulted with affected State and local governments, community groups, private providers of commercial motor vehicle parking, and motorist and trucking organizations; and
      • (C) demonstrate that their proposed projects are likely to have positive effects on highway safety, traffic congestion, or air quality.
    (c) Report to Congress- Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the results of the pilot program.
    (d) Funding-
    • (1) IN GENERAL- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $20,000,000 for each of fiscal years 2010 through 2015.
    • (2) CONTRACT AUTHORITY- Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in accordance with sections 120(b) and 120(c) of such title.
    (e) Treatment of Projects- Notwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.

    chapter 1 of title 23, United States Code (Page 4-9)

§ 101. Definitions and declaration of policy
(a) DEFINITIONS.—In this title, the following definitions apply:
(1) APPORTIONMENT.—The term ‘‘apportionment’’ includes
unexpended apportionments made under prior authorization
laws.
(2) CARPOOL PROJECT.—The term ‘‘carpool project’’ means
any project to encourage the use of carpools and vanpools, including
provision of carpooling opportunities to the elderly and
individuals with disabilities, systems for locating potential riders
and informing them of carpool opportunities, acquiring vehicles
for carpool use, designating existing highway lanes as
preferential carpool highway lanes, providing related traffic
control devices, and designating existing facilities for use for
preferential parking for carpools.
(3) CONSTRUCTION.—The term ‘‘construction’’ means the
supervising, inspecting, actual building, and incurrence of all
costs incidental to the construction or reconstruction of a highway,
including bond costs and other costs relating to the issuance
in accordance with section 122 of bonds or other debt financing
instruments and costs incurred by the State in performing
Federal-aid project related audits that directly benefit
the Federal-aid highway program. Such term includes—
5 TITLE 23—UNITED STATES CODE § 101
(A) locating, surveying, and mapping (including the establishment
of temporary and permanent geodetic markers
in accordance with specifications of the National Oceanic
and Atmospheric Administration of the Department of
Commerce);
(B) resurfacing, restoration, and rehabilitation;
(C) acquisition of rights-of-way;
(D) relocation assistance, acquisition of replacement
housing sites, and acquisition and rehabilitation, relocation,
and construction of replacement housing;
(E) elimination of hazards of railway grade crossings;
(F) elimination of roadside obstacles;
(G) improvements that directly facilitate and control
traffic flow, such as grade separation of intersections, widening
of lanes, channelization of traffic, traffic control systems,
and passenger loading and unloading areas; and
(H) capital improvements that directly facilitate an effective
vehicle weight enforcement program, such as scales
(fixed and portable), scale pits, scale installation, and scale
houses.
(4) COUNTY.—The term ‘‘county’’ includes corresponding
units of government under any other name in States that do
not have county organizations and, in those States in which
the county government does not have jurisdiction over highways,
any local government unit vested with jurisdiction over
local highways.
(5) FEDERAL-AID HIGHWAY.—The term ‘‘Federal-aid highway’’
means a highway eligible for assistance under this chapter
other than a highway classified as a local road or rural
minor collector.
(6) FEDERAL-AID SYSTEM.—The term ‘‘Federal-aid system’’
means any of the Federal-aid highway systems described in
section 103.
(7) FEDERAL LANDS HIGHWAY.—The term ‘‘Federal lands
highway’’ means a forest highway, public lands highway, park
road, parkway, refuge road, and Indian reservation road that
is a public road.
(8) FOREST DEVELOPMENT ROADS AND TRAILS.—The term
‘‘forest development roads and trails’’ means forest roads and
trails under the jurisdiction of the Forest Service.
(9) FOREST HIGHWAY.—The term ‘‘forest highway’’ means a
forest road under the jurisdiction of, and maintained by, a public
authority and open to public travel.
(10) FOREST ROAD OR TRAIL.—The term ‘‘forest road or
trail’’ means a road or trail wholly or partly within, or adjacent
to, and serving the National Forest System that is necessary
for the protection, administration, and utilization of the National
Forest System and the use and development of its resources.
(11) HIGHWAY.—The term ‘‘highway’’ includes—
(A) a road, street, and parkway;
(B) a right-of-way, bridge, railroad-highway crossing,
tunnel, drainage structure, sign, guardrail, and protective
structure, in connection with a highway; and
§ 101 TITLE 23—UNITED STATES CODE 6
(C) a portion of any interstate or international bridge
or tunnel and the approaches thereto, the cost of which is
assumed by a State transportation department, including
such facilities as may be required by the United States
Customs and Immigration Services in connection with the
operation of an international bridge or tunnel.
(12) INDIAN RESERVATION ROAD.—The term ‘‘Indian reservation
road’’ means a public road that is located within or
provides access to an Indian reservation or Indian trust land
or restricted Indian land that is not subject to fee title alienation
without the approval of the Federal Government, or Indian
and Alaska Native villages, groups, or communities in
which Indians and Alaskan Natives reside, whom the Secretary
of the Interior has determined are eligible for services
generally available to Indians under Federal laws specifically
applicable to Indians.
(13) INTERSTATE SYSTEM.—The term ‘‘Interstate System’’
means the Dwight D. Eisenhower National System of Interstate
and Defense Highways described in section 103(c).
(14) MAINTENANCE.—The term ‘‘maintenance’’ means the
preservation of the entire highway, including surface, shoulders,
roadsides, structures, and such traffic-control devices as
are necessary for safe and efficient utilization of the highway.
(15) MAINTENANCE AREA.—The term ‘‘maintenance area’’
means an area that was designated as a nonattainment area,
but was later redesignated by the Administrator of the Environmental
Protection Agency as an attainment area, under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
(16) NATIONAL HIGHWAY SYSTEM.—The term ‘‘National
Highway System’’ means the Federal-aid highway system described
in section 103(b).
(17) OPERATING COSTS FOR TRAFFIC MONITORING, MANAGEMENT,
AND CONTROL.—The term ‘‘operating costs for traffic
monitoring, management, and control’’ includes labor costs, administrative
costs, costs of utilities and rent, and other costs
associated with the continuous operation of traffic control, such
as integrated traffic control systems, incident management programs,
and traffic control centers.
(18) OPERATIONAL IMPROVEMENT.—The term ‘‘operational
improvement’’—
(A) means (i) a capital improvement for installation of
traffic surveillance and control equipment, computerized
signal systems, motorist information systems, integrated
traffic control systems, incident management programs,
and transportation demand management facilities, strategies,
and programs, and (ii) such other capital improvements
to public roads as the Secretary may designate, by
regulation; and
(B) does not include resurfacing, restoring, or rehabilitating
improvements, construction of additional lanes,
interchanges, and grade separations, and construction of a
new facility on a new location.
(19) PARK ROAD.—The term ‘‘park road’’ means a public
road, including a bridge built primarily for pedestrian use, but
7 TITLE 23—UNITED STATES CODE § 101
with capacity for use by emergency vehicles, that is located
within, or provides access to, an area in the National Park System
with title and maintenance responsibilities vested in the
United States.
(20) PARKWAY.—The term ‘‘parkway’’, as used in chapter 2
of this title, means a parkway authorized by Act of Congress
on lands to which title is vested in the United States.
(21) PROJECT.—The term ‘‘project’’ means an undertaking
to construct a particular portion of a highway, or if the context
so implies, the particular portion of a highway so constructed
or any other undertaking eligible for assistance under this
title.
(22) PROJECT AGREEMENT.—The term ‘‘project agreement’’
means the formal instrument to be executed by the State
transportation department and the Secretary as required by
section 106.
(23) PUBLIC AUTHORITY.—The term ‘‘public authority’’
means a Federal, State, county, town, or township, Indian
tribe, municipal or other local government or instrumentality
with authority to finance, build, operate, or maintain toll or
toll-free facilities.
(24) PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS.—The
term ‘‘public lands development roads and trails’’ means those
roads and trails that the Secretary of the Interior determines
are of primary importance for the development, protection, administration,
and utilization of public lands and resources
under the control of the Secretary of the Interior.
(25) PUBLIC LANDS HIGHWAY.—The term ‘‘public lands
highway’’ means a forest road under the jurisdiction of and
maintained by a public authority and open to public travel or
any highway through unappropriated or unreserved public
lands, nontaxable Indian lands, or other Federal reservations
under the jurisdiction of and maintained by a public authority
and open to public travel.
(26) PUBLIC LANDS HIGHWAYS.—The term ‘‘public lands
highways’’ means those main highways through unappropriated
or unreserved public lands, nontaxable Indian lands, or
other Federal reservations, which are on the Federal-aid systems.
(27) PUBLIC ROAD.—The term ‘‘public road’’ means any
road or street under the jurisdiction of and maintained by a
public authority and open to public travel.
(28) REFUGE ROAD.—The term ‘‘refuge road’’ means a public
road that provides access to or within a unit of the National
Wildlife Refuge System and for which title and maintenance
responsibility is vested in the United States Government.
(29) RURAL AREAS.—The term ‘‘rural areas’’ means all
areas of a State not included in urban areas.
(30) SAFETY IMPROVEMENT PROJECT.—The term ‘‘safety improvement
project’’ means a project that corrects or improves
high hazard locations, eliminates roadside obstacles, improves
highway signing and pavement marking, installs priority control
systems for emergency vehicles at signalized intersections,
installs or replaces emergency motorist aid call boxes, or in§
101 TITLE 23—UNITED STATES CODE 8
stalls traffic control or warning devices at locations with high
accident potential.
(31) SECRETARY.—The term ‘‘Secretary’’ means Secretary of
Transportation.
(32) STATE.—The term ‘‘State’’ means any of the 50 States,
the District of Columbia, or Puerto Rico.
(33) STATE FUNDS.—The term ‘‘State funds’’ includes funds
raised under the authority of the State or any political or other
subdivision thereof, and made available for expenditure under
the direct control of the State transportation department.
(34) STATE TRANSPORTATION DEPARTMENT.—The term
‘‘State transportation department’’ means that department,
commission, board, or official of any State charged by its laws
with the responsibility for highway construction.
(35) TRANSPORTATION ENHANCEMENT ACTIVITIES.—The
term ‘‘transportation enhancement activities’’ means, with respect
to any project or the area to be served by the project, any
of the following activities if such activity relates to surface
transportation: provision of facilities for pedestrians and bicycles,
provision of safety and educational activities for pedestrians
and bicyclists, acquisition of scenic easements and scenic
or historic sites, scenic or historic highway programs (including
the provision of tourist and welcome center facilities), landscaping
and other scenic beautification, historic preservation,
rehabilitation and operation of historic transportation buildings,
structures, or facilities (including historic railroad facilities
and canals), preservation of abandoned railway corridors
(including the conversion and use thereof for pedestrian or bicycle
trails), control and removal of outdoor advertising, archaeological
planning and research, environmental mitigation
to address water pollution due to highway runoff or reduce vehicle-
caused wildlife mortality while maintaining habitat
connectivity, and establishment of transportation museums.
(36) URBAN AREA.—The term ‘‘urban area’’ means an urbanized
area or, in the case of an urbanized area encompassing
more than one State, that part of the urbanized area in each
such State, or urban place as designated by the Bureau of the
Census having a population of 5,000 or more and not within
any urbanized area, within boundaries to be fixed by responsible
State and local officials in cooperation with each other,
subject to approval by the Secretary. Such boundaries shall encompass,
at a minimum, the entire urban place designated by
the Bureau of the Census, except in the case of cities in the
State of Maine and in the State of New Hampshire.
(37) URBANIZED AREA.—The term ‘‘urbanized area’’ means
an area with a population of 50,000 or more designated by the
Bureau of the Census, within boundaries to be fixed by responsible
State and local officials in cooperation with each other,
subject to approval by the Secretary. Such boundaries shall encompass,
at a minimum, the entire urbanized area within a
State as designated by the Bureau of the Census.
(b) It is hereby declared to be in the national interest to accelerate
the construction of the Federal-aid highway systems, including
the National System of Interstate and Defense Highways 1,
9 TITLE 23—UNITED STATES CODE § 101
1 Should be Dwight B. Eisenhower National System of Interstate and Defense Highways. See
P.L. 101–427 and subsection (a)(13) of this section.
since many of such highways, or portions thereof, are in fact inadequate
to meet the needs of local and interstate commerce, for the
national and civil defense.
It is hereby declared that the prompt and early completion of
the National System of Interstate and Defense Highways 1, so
named because of its primary importance to the national defense
and hereafter referred to as the ‘‘Interstate System’’, is essential to
the national interest and is one of the most important objectives of
this Act. It is the intent of Congress that the Interstate System be
completed as nearly as practicable over the period of availability of
the forty years’ appropriations authorized for the purpose of expediting
its construction, reconstruction, or improvement, inclusive of
necessary tunnels and bridges, through the fiscal year ending September
30, 1996, under section 108(b) of the Federal-Aid Highway
Act of 1956 (70 Stat. 374), and that the entire system in all States
be brought to simultaneous completion. Insofar as possible in consonance
with this objective, existing highways located on an interstate
route shall be used to the extent that such use is practicable,
suitable, and feasible, it being the intent that local needs, to the
extent practicable, suitable, and feasible, shall be given equal consideration
with the needs of interstate commerce.
It is further declared that since the Interstate System is now
in the final phase of completion it shall be the national policy that
increased emphasis be placed on the construction and reconstruction
of the other Federal-aid systems in accordance with the first
paragraph of this subsection, in order to bring all of the Federalaid
systems up to standards and to increase the safety of these systems
to the maximum extent.
(c) It is the sense of Congress that under existing law no part
of any sums authorized to be appropriated for expenditure upon
any Federal-aid system which has been apportioned pursuant to
the provisions of this title shall be impounded or withheld from obligation,
for purposes and projects as provided in this title, by any
officer or employee in the executive branch of the Federal Government,
except such specific sums as may be determined by the Secretary
of the Treasury, after consultation with the Secretary of
Transportation, are necessary to be withheld from obligation for
specific periods of time to assure that sufficient amounts will be
available in the Highway Trust Fund to defray the expenditures
which will be required to be made from such fund.
(d) No funds authorized to be appropriated from the Highway
Trust Fund shall be expended by or on behalf of any Federal department,
agency, or instrumentality other than the Federal Highway
Administration unless funds for such expenditure are identified
and included as a line item in an appropriation Act and are
to meet obligations of the United States heretofore or hereafter incurred
under this title attributable to the construction of Federalaid
highways or highway planning, research, or development, or as
otherwise specifically authorized to be appropriated from the Highway
Trust Fund by Federal-aid highway legislation.

§ 101. Definitions and declaration of policy(a) DEFINITIONS.—In this title, the following definitions apply:(1) APPORTIONMENT.—The term ‘‘apportionment’’ includesunexpended apportionments made under prior authorizationlaws.(2) CARPOOL PROJECT.—The term ‘‘carpool project’’ meansany project to encourage the use of carpools and vanpools, includingprovision of carpooling opportunities to the elderly andindividuals with disabilities, systems for locating potential ridersand informing them of carpool opportunities, acquiring vehiclesfor carpool use, designating existing highway lanes aspreferential carpool highway lanes, providing related trafficcontrol devices, and designating existing facilities for use forpreferential parking for carpools.(3) CONSTRUCTION.—The term ‘‘construction’’ means thesupervising, inspecting, actual building, and incurrence of allcosts incidental to the construction or reconstruction of a highway,including bond costs and other costs relating to the issuancein accordance with section 122 of bonds or other debt financinginstruments and costs incurred by the State in performingFederal-aid project related audits that directly benefitthe Federal-aid highway program. Such term includes—5 TITLE 23—UNITED STATES CODE § 101(A) locating, surveying, and mapping (including the establishmentof temporary and permanent geodetic markersin accordance with specifications of the National Oceanicand Atmospheric Administration of the Department ofCommerce);(B) resurfacing, restoration, and rehabilitation;(C) acquisition of rights-of-way;(D) relocation assistance, acquisition of replacementhousing sites, and acquisition and rehabilitation, relocation,and construction of replacement housing;(E) elimination of hazards of railway grade crossings;(F) elimination of roadside obstacles;(G) improvements that directly facilitate and controltraffic flow, such as grade separation of intersections, wideningof lanes, channelization of traffic, traffic control systems,and passenger loading and unloading areas; and(H) capital improvements that directly facilitate an effectivevehicle weight enforcement program, such as scales(fixed and portable), scale pits, scale installation, and scalehouses.(4) COUNTY.—The term ‘‘county’’ includes correspondingunits of government under any other name in States that donot have county organizations and, in those States in whichthe county government does not have jurisdiction over highways,any local government unit vested with jurisdiction overlocal highways.(5) FEDERAL-AID HIGHWAY.—The term ‘‘Federal-aid highway’’means a highway eligible for assistance under this chapterother than a highway classified as a local road or ruralminor collector.(6) FEDERAL-AID SYSTEM.—The term ‘‘Federal-aid system’’means any of the Federal-aid highway systems described insection 103.(7) FEDERAL LANDS HIGHWAY.—The term ‘‘Federal landshighway’’ means a forest highway, public lands highway, parkroad, parkway, refuge road, and Indian reservation road thatis a public road.(8) FOREST DEVELOPMENT ROADS AND TRAILS.—The term‘‘forest development roads and trails’’ means forest roads andtrails under the jurisdiction of the Forest Service.(9) FOREST HIGHWAY.—The term ‘‘forest highway’’ means aforest road under the jurisdiction of, and maintained by, a publicauthority and open to public travel.(10) FOREST ROAD OR TRAIL.—The term ‘‘forest road ortrail’’ means a road or trail wholly or partly within, or adjacentto, and serving the National Forest System that is necessaryfor the protection, administration, and utilization of the NationalForest System and the use and development of its resources.(11) HIGHWAY.—The term ‘‘highway’’ includes—(A) a road, street, and parkway;(B) a right-of-way, bridge, railroad-highway crossing,tunnel, drainage structure, sign, guardrail, and protectivestructure, in connection with a highway; and§ 101 TITLE 23—UNITED STATES CODE 6(C) a portion of any interstate or international bridgeor tunnel and the approaches thereto, the cost of which isassumed by a State transportation department, includingsuch facilities as may be required by the United StatesCustoms and Immigration Services in connection with theoperation of an international bridge or tunnel.(12) INDIAN RESERVATION ROAD.—The term ‘‘Indian reservationroad’’ means a public road that is located within orprovides access to an Indian reservation or Indian trust landor restricted Indian land that is not subject to fee title alienationwithout the approval of the Federal Government, or Indianand Alaska Native villages, groups, or communities inwhich Indians and Alaskan Natives reside, whom the Secretaryof the Interior has determined are eligible for servicesgenerally available to Indians under Federal laws specificallyapplicable to Indians.(13) INTERSTATE SYSTEM.—The term ‘‘Interstate System’’means the Dwight D. Eisenhower National System of Interstateand Defense Highways described in section 103(c).(14) MAINTENANCE.—The term ‘‘maintenance’’ means thepreservation of the entire highway, including surface, shoulders,roadsides, structures, and such traffic-control devices asare necessary for safe and efficient utilization of the highway.(15) MAINTENANCE AREA.—The term ‘‘maintenance area’’means an area that was designated as a nonattainment area,but was later redesignated by the Administrator of the EnvironmentalProtection Agency as an attainment area, under section107(d) of the Clean Air Act (42 U.S.C. 7407(d)).(16) NATIONAL HIGHWAY SYSTEM.—The term ‘‘NationalHighway System’’ means the Federal-aid highway system describedin section 103(b).(17) OPERATING COSTS FOR TRAFFIC MONITORING, MANAGEMENT,AND CONTROL.—The term ‘‘operating costs for trafficmonitoring, management, and control’’ includes labor costs, administrativecosts, costs of utilities and rent, and other costsassociated with the continuous operation of traffic control, suchas integrated traffic control systems, incident management programs,and traffic control centers.(18) OPERATIONAL IMPROVEMENT.—The term ‘‘operationalimprovement’’—(A) means (i) a capital improvement for installation oftraffic surveillance and control equipment, computerizedsignal systems, motorist information systems, integratedtraffic control systems, incident management programs,and transportation demand management facilities, strategies,and programs, and (ii) such other capital improvementsto public roads as the Secretary may designate, byregulation; and(B) does not include resurfacing, restoring, or rehabilitatingimprovements, construction of additional lanes,interchanges, and grade separations, and construction of anew facility on a new location.(19) PARK ROAD.—The term ‘‘park road’’ means a publicroad, including a bridge built primarily for pedestrian use, but7 TITLE 23—UNITED STATES CODE § 101with capacity for use by emergency vehicles, that is locatedwithin, or provides access to, an area in the National Park Systemwith title and maintenance responsibilities vested in theUnited States.(20) PARKWAY.—The term ‘‘parkway’’, as used in chapter 2of this title, means a parkway authorized by Act of Congresson lands to which title is vested in the United States.(21) PROJECT.—The term ‘‘project’’ means an undertakingto construct a particular portion of a highway, or if the contextso implies, the particular portion of a highway so constructedor any other undertaking eligible for assistance under thistitle.(22) PROJECT AGREEMENT.—The term ‘‘project agreement’’means the formal instrument to be executed by the Statetransportation department and the Secretary as required bysection 106.(23) PUBLIC AUTHORITY.—The term ‘‘public authority’’means a Federal, State, county, town, or township, Indiantribe, municipal or other local government or instrumentalitywith authority to finance, build, operate, or maintain toll ortoll-free facilities.(24) PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS.—Theterm ‘‘public lands development roads and trails’’ means thoseroads and trails that the Secretary of the Interior determinesare of primary importance for the development, protection, administration,and utilization of public lands and resourcesunder the control of the Secretary of the Interior.(25) PUBLIC LANDS HIGHWAY.—The term ‘‘public landshighway’’ means a forest road under the jurisdiction of andmaintained by a public authority and open to public travel orany highway through unappropriated or unreserved publiclands, nontaxable Indian lands, or other Federal reservationsunder the jurisdiction of and maintained by a public authorityand open to public travel.(26) PUBLIC LANDS HIGHWAYS.—The term ‘‘public landshighways’’ means those main highways through unappropriatedor unreserved public lands, nontaxable Indian lands, orother Federal reservations, which are on the Federal-aid systems.(27) PUBLIC ROAD.—The term ‘‘public road’’ means anyroad or street under the jurisdiction of and maintained by apublic authority and open to public travel.(28) REFUGE ROAD.—The term ‘‘refuge road’’ means a publicroad that provides access to or within a unit of the NationalWildlife Refuge System and for which title and maintenanceresponsibility is vested in the United States Government.(29) RURAL AREAS.—The term ‘‘rural areas’’ means allareas of a State not included in urban areas.(30) SAFETY IMPROVEMENT PROJECT.—The term ‘‘safety improvementproject’’ means a project that corrects or improveshigh hazard locations, eliminates roadside obstacles, improveshighway signing and pavement marking, installs priority controlsystems for emergency vehicles at signalized intersections,installs or replaces emergency motorist aid call boxes, or in§101 TITLE 23—UNITED STATES CODE 8stalls traffic control or warning devices at locations with highaccident potential.(31) SECRETARY.—The term ‘‘Secretary’’ means Secretary ofTransportation.(32) STATE.—The term ‘‘State’’ means any of the 50 States,the District of Columbia, or Puerto Rico.(33) STATE FUNDS.—The term ‘‘State funds’’ includes fundsraised under the authority of the State or any political or othersubdivision thereof, and made available for expenditure underthe direct control of the State transportation department.(34) STATE TRANSPORTATION DEPARTMENT.—The term‘‘State transportation department’’ means that department,commission, board, or official of any State charged by its lawswith the responsibility for highway construction.(35) TRANSPORTATION ENHANCEMENT ACTIVITIES.—Theterm ‘‘transportation enhancement activities’’ means, with respectto any project or the area to be served by the project, anyof the following activities if such activity relates to surfacetransportation: provision of facilities for pedestrians and bicycles,provision of safety and educational activities for pedestriansand bicyclists, acquisition of scenic easements and scenicor historic sites, scenic or historic highway programs (includingthe provision of tourist and welcome center facilities), landscapingand other scenic beautification, historic preservation,rehabilitation and operation of historic transportation buildings,structures, or facilities (including historic railroad facilitiesand canals), preservation of abandoned railway corridors(including the conversion and use thereof for pedestrian or bicycletrails), control and removal of outdoor advertising, archaeologicalplanning and research, environmental mitigationto address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitatconnectivity, and establishment of transportation museums.(36) URBAN AREA.—The term ‘‘urban area’’ means an urbanizedarea or, in the case of an urbanized area encompassingmore than one State, that part of the urbanized area in eachsuch State, or urban place as designated by the Bureau of theCensus having a population of 5,000 or more and not withinany urbanized area, within boundaries to be fixed by responsibleState and local officials in cooperation with each other,subject to approval by the Secretary. Such boundaries shall encompass,at a minimum, the entire urban place designated bythe Bureau of the Census, except in the case of cities in theState of Maine and in the State of New Hampshire.(37) URBANIZED AREA.—The term ‘‘urbanized area’’ meansan area with a population of 50,000 or more designated by theBureau of the Census, within boundaries to be fixed by responsibleState and local officials in cooperation with each other,subject to approval by the Secretary. Such boundaries shall encompass,at a minimum, the entire urbanized area within aState as designated by the Bureau of the Census.(b) It is hereby declared to be in the national interest to acceleratethe construction of the Federal-aid highway systems, includingthe National System of Interstate and Defense Highways 1,9 TITLE 23—UNITED STATES CODE § 1011 Should be Dwight B. Eisenhower National System of Interstate and Defense Highways. SeeP.L. 101–427 and subsection (a)(13) of this section.since many of such highways, or portions thereof, are in fact inadequateto meet the needs of local and interstate commerce, for thenational and civil defense.It is hereby declared that the prompt and early completion ofthe National System of Interstate and Defense Highways 1, sonamed because of its primary importance to the national defenseand hereafter referred to as the ‘‘Interstate System’’, is essential tothe national interest and is one of the most important objectives ofthis Act. It is the intent of Congress that the Interstate System becompleted as nearly as practicable over the period of availability ofthe forty years’ appropriations authorized for the purpose of expeditingits construction, reconstruction, or improvement, inclusive ofnecessary tunnels and bridges, through the fiscal year ending September30, 1996, under section 108(b) of the Federal-Aid HighwayAct of 1956 (70 Stat. 374), and that the entire system in all Statesbe brought to simultaneous completion. Insofar as possible in consonancewith this objective, existing highways located on an interstateroute shall be used to the extent that such use is practicable,suitable, and feasible, it being the intent that local needs, to theextent practicable, suitable, and feasible, shall be given equal considerationwith the needs of interstate commerce.It is further declared that since the Interstate System is nowin the final phase of completion it shall be the national policy thatincreased emphasis be placed on the construction and reconstructionof the other Federal-aid systems in accordance with the firstparagraph of this subsection, in order to bring all of the Federalaidsystems up to standards and to increase the safety of these systemsto the maximum extent.(c) It is the sense of Congress that under existing law no partof any sums authorized to be appropriated for expenditure uponany Federal-aid system which has been apportioned pursuant tothe provisions of this title shall be impounded or withheld from obligation,for purposes and projects as provided in this title, by anyofficer or employee in the executive branch of the Federal Government,except such specific sums as may be determined by the Secretaryof the Treasury, after consultation with the Secretary ofTransportation, are necessary to be withheld from obligation forspecific periods of time to assure that sufficient amounts will beavailable in the Highway Trust Fund to defray the expenditureswhich will be required to be made from such fund.(d) No funds authorized to be appropriated from the HighwayTrust Fund shall be expended by or on behalf of any Federal department,agency, or instrumentality other than the Federal HighwayAdministration unless funds for such expenditure are identifiedand included as a line item in an appropriation Act and areto meet obligations of the United States heretofore or hereafter incurredunder this title attributable to the construction of Federalaidhighways or highway planning, research, or development, or asotherwise specifically authorized to be appropriated from the HighwayTrust Fund by Federal-aid highway legislation.

    120(b) and 120(c)  (pages 48-49)
    on this website:

§ 120. Federal share payable

(b) OTHER PROJECTS.—Except as otherwise provided in this

title, the Federal share payable on account of any project or activity

carried out under this title (other than a project subject to subsection

(a)) shall be—

(1) 80 percent of the cost thereof, except that in the case

of any State containing nontaxable Indian lands, individual

and tribal, and public domain lands (both reserved and unreserved)

exclusive of national forests and national parks and

monuments, exceeding 5 percent of the total area of all lands

therein, the Federal share, for purposes of this chapter, shall

be increased by a percentage of the remaining cost equal to the

percentage that the area of all such lands in such State, is of

its total area; or

(2) 80 percent of the cost thereof, except that in the case

of any State containing nontaxable Indian lands, individual

49 TITLE 23—UNITED STATES CODE § 120

and tribal, public domain lands (both reserved and unreserved),

national forests, and national parks and monuments,

the Federal share, for purposes of this chapter, shall be increased

by a percentage of the remaining cost equal to the percentage

that the area of all such lands in such State is of its

total area;

except that the Federal share payable on any project in a State

shall not exceed 95 percent of the total cost of any such project. In

any case where a State elects to have the Federal share provided

in paragraph (2) of this subsection, the State must enter into an

agreement with the Secretary covering a period of not less than 1

year, requiring such State to use solely for purposes eligible for assistance

under this title (other than paying its share of projects approved

under this title) during the period covered by such agreement

the difference between the State’s share as provided in paragraph

(2) and what its share would be if it elected to pay the share

provided in paragraph (1) for all projects subject to such agreement.

In the case of any project subject to this subsection, a State

may determine a lower Federal share than the Federal share determined

under the preceding sentences of this subsection.

(c) INCREASED FEDERAL SHARE FOR CERTAIN SAFETY

PROJECTS.—The Federal share payable on account of any project

for traffic control signalization, safety rest areas, pavement marking,

commuter carpooling and vanpooling, rail-highway crossing

closure, or installation of traffic signs, traffic lights, guardrails, impact

attenuators, concrete barrier endtreatments, breakaway utility

poles, or priority control systems for emergency vehicles or transit

vehicles at signalized intersections may amount to 100 percent of

the cost of construction of such projects; except that not more than

10 percent of all sums apportioned for all the Federal-aid systems

for any fiscal year in accordance with section 104 of this title shall

be used under this subsection. In this subsection, the term ‘‘safety

rest area’’ means an area where motor vehicle operators can park

their vehicles and rest, where food, fuel, and lodging services are

not available, and that is located on a segment of highway with respect

to which the Secretary determines there is a shortage of public

and private areas at which motor vehicle operators can park

their vehicles and rest.

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